Legal news
JURISDICTION AND APPLICABLE LAW AND OUT-OF-COURT DISPUTE RESOLUTION (ADR / ODR)
The sales contract between the Customer and Sportiamo is considered concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the court of their place of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Potenza.
Pursuant to art. 141 sexies, paragraph III of Legislative Decree 6 September 2005, n. 206 (Consumer Code), Sportiamo informs the Customer who qualifies as a consumer as per art. 3, paragraph 1, letter a) of the Consumer Code, that, should they have submitted a complaint to Sportiamo, after which it was not possible to find a negotiated solution, Sportiamo will provide information regarding Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations arising from a contract under these General Conditions (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code).
Sportiamo also informs the Customer who qualifies as a consumer as per art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for online consumer dispute resolution has been established (so-called ODR platform - Online Dispute Resolution). The ODR platform can be consulted at the following address https://webgate.ec.europa.eu/odr .
Through the ODR platform, the consumer Customer can consult the list of ADR bodies, find the link to the website of each of them and initiate an online dispute resolution procedure in which they are involved.
In any case, the consumer's right to resort to the competent ordinary court for the dispute arising from these General Conditions remains unaffected.
The Customer residing in a Member State of the European Union other than Italy may also, for any dispute relating to the application, execution and interpretation of these General Conditions, access the European procedure established for small claims, by Regulation (EC) No. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu .