General Terms And Conditions For The On-Line Sales

 Legal Notice.


These terms and conditions govern the selling at a distance of goods and services by means of the website accessible through the URL (hereinafter, the “Site”) and the distance selling of goods and services in the catalog and/or requested by customers through specific personalization, if any. These general conditions of sale (hereinafter the “General Conditions for on line sales”) are in compliance with the Legislative Decree as of 6th September 2005, n. 206 ("Consumers Code"), with particular reference to Section II, and with the Legislative Decree as of 9th April  2003, n. 70 implementing the EU Directive on Information Society Services (so-called "E-Commerce Directive").


1.             DEFINITIONS.


1.1   For the purposes of these terms and conditions, please find hereinbelow the official definition of terms used (without making distinctions between using the singular or plural):


a)       “Athena S.p.A.”: the supplier of products and services offered (even by or on behalf of third parties) for sale on the Site, or its brokers, licensees, distributors, retailers, franchisees or any other authorized person or authorized legal entity qualified to identify the product or service offered for sale on the Site with trademarks or other distinctive signs authorized by Athena S.p.A. of with other third parties’ trademarks or other distinctive signs licensed to Athena S.p.A. as authorized reseller and/or distributor;


b)       “Customer”: is the individual (consumer or professional, as further defined) or the legal entity which purchases the products and/or services on the Site through the acceptance of these General Conditions for on line sales;


c)        “Consumer”: the individual acting for purposes not related to the commercial, entrepreneurial, craft or professional business eventually carried out;


d)       “Distance contract”: the contract for the goods and/or services offered on the Site to the consumer or the professional as part of an on-line sales system organized through the Site by Athena S.p.A. which, for this contract, employs one or more means of distance communication up to the conclusion of the contract, including the same contract conclusion; this definition also includes those of “sales contract” and “service contract” as defined by the Consumers Code;


e)       “Parties”: Athena S.p.A. and the Customer, collectively;


f)         “Product/s”: goods offered for sale on the Site and through the same purchasable through the drawing up of the Distance Contract; this definition also includes the “goods produced according to the indications given by the Consumer”, to be intended as any good non pre-manufactured produced on the basis of a specific Consumer’s choice or decision;


g)       “Professional”: the individual or legal entity acting within the course of its own business, commercial, craft or profession, or through an intermediary;


h)       “Service/s”: services offered (even in the future) for sale on the Site, also by means of subscription or similar forms of sale conclusion, and purchasable through the Site by means of stipulation through the relative Distance Contract;


i)          “Site”: the website owned by Athena S.p.A.;


j)         “Distance communication technique”: any means, which without the simultaneous physical presence of Athena S.p.A. and of the  consumer or professional, may be used for the conclusion of the contract between said parties, including the Site.


1.2           The terms and conditions specifically provided in favor of the Consumer shall not be applicable to the customer represented by a Professional, who shall not have the right to recall the particular rights, options and terms set forth in these General Condition for the on line sales, safe the applicability of the other terms and conditions to the Professional.


2.             SUBJECT-MATTER.


2.1           These General Conditions for on line sales govern Distance Contracts stipulated by techniques of distance communication (including the on-line mode, through this Site) between Athena S.p.A. and Customers having as subject matter the sale of Products and/or Services. To draw-up a Distance Contract Athena S.p.A. requires as pre-requirement a purchase of the value not inferior to Euro 30,00.


2.2           The Distance Contract is governed by the version of these General Conditions for on line sales applicable at the time the order is placed by the Customer.


2.3           The on-line purchases of Products and/or Services and the drawing up of the related Distance Contracts are subject to prior acceptance of these General Conditions for on line sales and to the registration of the Customer making a purchase.





3.1           Where the Distance Contract is stipulated between the Athena S.p.A. and a Customer represented by a Consumer, pursuant to art. 49 of the Consumer Code the following mandatory information are provided below:


3.2           The identity of the registered office and contact of the supplier of Products and Services offered for sale on the Site are as follows: Athena S.p.A. – legal seat in Via delle Albere, 13 - 36045 Alonte (Vicenza) – Italy - R.E.A. VI-139951 – Tax Code and VAT number 00589040245 – Fully paid stock capital: € 10.000,00. The headquarters, in addition to the addresses given in article 3.5 letter (a) hereinbelow, are - in accordance with art. 49, paragraph 1, letter (d) of the Consumer Code - the address where the Consumer may submit complaints.


3.3           The essential characteristics of Products and Services can be found in special tabs posted on the Site - accompanied by photographical images - that the Consumer can browse before making a purchase choice. Within these tabs or related publicized web pages the following information are further detailed:


a)       Availability of the Product and its price, inclusive of all taxes and costs; 

b)       additional costs and delivery costs, depending on the mode of shipment and delivery offered on the Site and chosen by the Consumer, and any other potential elements of additional cost case by case (according to art. 57 of the Consumers Code the Customer is hereby informed that he shall have to bear the costs aimed at the restitution of the Products in case of valid exercise of the withdrawal right according to art. 8 hereinbelow); 

c)        the terms of payment, delivery of goods or services provided;

d)       the duration of the validity of the various offers and prices (even in the case of promotional sales, and/or special discounts applied);

e)       the modalities of payment, shipping and performance, the date within which Athena S.p.A. grants the delivery of the Products ordered or the providing of the Service and, as the case may be, the handling of complaints.


The essential characteristics of Products and Services are taken from the R&D Department of Athena S.p.A. and – in case of selling of third parties’ Products on the Site – from the information provided or published by the related manufacturers of the Products listed within the Catalogue. Accordingly, Athena S.p.A. reserves the right  - without prior notice - to amend/adequate the technical information of any Product listed within the Catalogue, according to what shall be communicated to Athena S.p.A. by the related manufacturers or in case of developments by the R&D Department.


3.4           With reference to the right of withdrawal, see the following clauses 8, 9, 10 and 11.


3.5           In addition to the information required above, further information as requested by the Legislative Decree 70/2003 for both Consumers (in this case in addition to those just given above) and other kinds of Customers (legal entities and professionals)are provided hereinbelow:


a)       references that allow the Customer to quickly contact Athena S.p.A. and communicate directly and effectively, including e-mail address, Athena’s Customer Service grants a full assistance pre and post sale. Accessing the Customer Service may occur by phone (billed with ordinary fees): +39 0444 727222 or via email at:

b)       registration number in the register of economic activities, R.E.A. VI-139951.


3.6           The online publication of these general terms and conditions and of art. 3 just above mentioned shall apply as "written confirmation on the permanent support" provided to the Consumer pursuant to art. 51 of the Consumer Code.





4.1           Art. 11 of Legislative Decree 70/2003 requires each supplier of goods and/or services to provide to customers specific information aimed at the conclusion of the distance contract. Athena S.p.A. complies with the relative disclosure obligations in respect of the Customer by means of the following information.


4.2           With reference to the different technical steps to be followed by the Customer for the conclusion of the Distance Contract, on the web Site a guided procedure is available in order to let the Customer at any time to check, eventually correct and finally validate any information provided before submitting the purchase order, until the conclusion of the Distance Contract. 


4.3           With reference to the manner in which the Distance Contract, once concluded, will be archived and regarding the successive access modalities to it by the Customer, the Customer shall find the text of the Distance Contract within its personal area accessible via the Control Panel and he/she shall receive a confirmation email summarizing the purchase carried out and containing the concluded Distance Contract.


4.4           With reference to the technical means available to the Customer to identify and correct data entry errors before submitting the order, the system on the Site requires confirmation of the correctness of data entered and automatically reports any errors arising from the omission of required information in various fields of the on-line order.


4.5           The languages ​​offered to draw up the Distance Contract in addition to the Italian language are: English language, Spanish language and French language.


4.6           With reference to the indication of the means of dispute settlement, see the next clause 12.


4.7           The general terms and conditions of the contract proposed to the Customer are and shall always remain at his/her disposal: the storage and reproduction are possible by saving the .pdf text or by using the copy/paste options. In addition, in the email confirmation of receipt of the order, the general terms and conditions of sale are attached, or the link where  to view and print them is made ​​available to the Customer.





5.1           According to art. 51, paragraph 2 of the Consumers Code, if a distance contract concluded by means of electronic means provides the obligation of payment for a Consumer, then the professional must clearly inform the Consumer by providing the information listed in article 3 above of these General Conditions, before the Consumer place the order. By means of this paragraph, Athena S.p.A. fulfill the obligation to grant that the Consumer – when placing the order – fully acknowledges that the proposal of purchase – where accepted by Athena S.p.A. – implies the obligation to pay the agreed price and all the specified and associated costs.


5.2           When the Consumer places an on line order, she/he offers to buy a Product or a Service. Placing the order is not binding for Athena S.p.A. who shall be free to accept it or not, safe otherwise as specifically provided on the Site. Athena S.p.A. offering of Products and/or Services is not an offer to the public according to art. 1336 of the Italian Civil Code. Only where Athena S.p.A. specifically accepts the order – by email confirmation from time to time – the proposal of purchase sent by the Costumer shall be deemed suitable for concluding the Distance Contract.


5.3           When placing an order, the Customer grants to have fully read and understood these General Conditions and the instructions provided during the procedure for sending the order, since the Customer shall then be bound once Athena S.p.A. shall have accepted the proposal of purchase. To purchase the Products or Services, the Customer shall have to fill-in and send to Athena S.p.A. the form containing the purchase order in electronic form, complying with the instructions displayed on the Site. The Customer shall have to insert the Products in the electronic cart and – following the reading and acceptance of these General Conditions for on line sales and the reading of the Privacy Information Notice – shall have to select the modalities of payment desired to move on. Should the Customer need to identify and correct data entry errors before submitting the order, the system on the Site requires confirmation of the correctness of data entered and automatically reports any errors arising from the omission of required information in various fields of the on-line order. In particular the Customer may change the quantity of Products, by adding or deleting the Products already inserted in the electronic cart. Within the Catalogue available on the Site, the availability of the Products listed is changed in real time by the purchase procedure, so Athena S.p.A. cannot grant the assignment of the Products eventually chosen and ordered. By placing a proposal of purchase, the Customer fully acknowledges that all the instructions have been provided and understood and that she/he is aware that placing an order implies – where Athena S.p.A. formally accepts -  the obligation to pay the price and all the associated costs of the Products selected. Where in the order confirmation sent by Athena S.p.A. to the Customer differences amongst the single elements of the order arise, with respect to the agreements and understanding, the Customer who shall not have challenged by registered letter sent within 10 (ten) days for the receipt of the confirmation by Athena S.p.A., shall be bound by the not challenged version of the order placed and confirmed. At the same time of the conclusion of the Distance Contract, Athena S.p.A. shall issue the related invoice, which shall be enclosed to the package/Product sent. This document is the only one which may be used to exercise the guarantee rights related to the sold Products.


5.4           In case of acceptance by Athena S.p.A. of the proposal of purchase sent by the Customer, Athena S.p.A. shall acknowledge receipt of an order by sending the order confirmation to the e-mail address that the Customer has indicated during the registration on the Site. Such order confirmation will contain - as required by the applicable law - a summary of the general and special conditions applicable to the Distance Contract already stipulated, the related information on the characteristics of the goods or service and detailed indication of price, means of payment, withdrawal, delivery costs and applicable taxes.


5.5           The order and the receipt shall be deemed received when the Parties to whom they are addressed are able to access it.




6.1           Athena S.p.A. accepts exclusively the following means of payment: credit cars of the American Express, Diners, VISA and Mastercard circuits.  The mean of payment shall be debited at the date of the order. The holder of the mean of payment and of the order must coincide. Athena S.p.A. shall have the right to ask the sending via fax of a copy of a valid identity document.


6.2           The data of the mean of payment shall be handled directly by PayPal. The related information are encrypted (128 bit SSL) in order to avoid unlawful use by unauthorized third parties, and are sent directly to the Bank. Athena S.p.A. does not access nor display the related data.


6.3           Athena shall have the right to verify the compliance with the above condition by asking to the issuing entity the verification of the authenticity of the card issued and of the ownership. Said activity requires about 5 (five) working days. Once elapsed said term, where the verification process has given a positive result, Athena S.p.A. shall perform the order placed.




7.1           Unless otherwise agreed between the Parties or except in cases where - with adequate notice – Athena S.p.A. inform the Customer of different  dispatching time frames of the order received according to the specifications requested or to Products availability, and keeping safe the particular cases provided by art. 7.6 hereinbelow which cannot be considered as delay of the delivery terms imputable to Athena S.p.A., the order placed will be dispatched within a maximum of 30 (thirty) days following the 24 hours form the day when Athena S.p.A. has sent its acceptance to the Customer according to articles 5.4 and 5.5. of these General Conditions of on line sale. The obligation of shipping shall be considered fully performed by means of the transfer of the material ownership of the Products to the Consumer (or when the Consumer anyhow gets the full control of the purchased Product). If Athena S.p.A. omits to ship the Products within the terms agreed, the Consumer shall have in any case to invite Athena S.p.A. to fulfill within a proper and reasonable additional term, according to the circumstances. If said additional term elapse without Athena performing its delivery obligation, the Consumer shall have the right to cancel the Distance Contract.


7.2           As a mere non-binding indication, the delivery times for Products will typically be 3 (three) working days in Italy, five (5) working days for Europe, 7 (seven) or more working days for countries outside the European Union and shall be effective 24 hours after the date of receipt. Athena S.p.A. specifies again that the times are approximate and not binding on Athena S.p.A.. Upon delivery of Product to the shipper, carrier or post office, the risk related to the transport of the Products will be of the Customer non Consumer.


7.3.          When the Product is delivered to the Customer, he/she shall have to verify:


a)       that the products is entire, non damaged nor wet and compliant with the standard characteristics;

b)       that the number of items indicated on the attached invoice correspond to the number of items effectively shipped.


Eventual complaints must be addressed immediately to the carrier and, lacking this, the Product is considered fully and correctly shipped to the Customer. The Customer shall keep safe the invoice included in the pocket of the package.


If the package delivered is damaged, the Customer shall have to:


  1. express a reserve or – when signing the delivery documents – write “i accept conditionally”: once that the package shall have been opened and that a damage is verified, the customer shall then activate immediately the guarantee procedure;


  1. refuse the damaged good if it is not possible to conditionally accept the package or in case that the damage is clearly evident without opening the package.


In case of defective or damaged delivered Products, the expenses for the restitution shall be borne by Athena S.p.A.


7.4           The Customer shall bear the additional expenses (with respect to the indicated price, displayed and outlined on the Site as overall amount including taxes, to which the costs borne by the Customer for the shipping, as specified, must be added) for shipping of other reasons, if provided (ex: additional costs for eventual insurance coverages requested by the Customer for the shipping of a particular Product).


According to art. 51, paragraph 3 of the Consumers Code, Customers are informed that there are no restrictions at the shipping.


7.5           In case of failure to comply with the order by Athena S.p.A also due to the temporary unavailability of the Product or Service requested, within the thirty days, Athena S.p.A will inform the Consumer by offering:


a)       to comply by providing different goods other than that agreed on of a value and quality that meets or exceed it, whereby the Customer accepts it specifically through response to the statement with which Athena S.p.A. has informed him/her of the unavailability of the Product or Service requested;


b)       the reimbursement of amounts already paid out for the payment of the Products and/or Services, if the Consumer does not want to accept the goods other than that agreed on of a value and quality that meet or exceed it, safe in any case what provided by the articles 7.6, 7.7 and 7.8 hereinbelow.


7.6           When delivered in the Consumer’s country of destination different from Italy – and where this option is available on the Site -, the purchased Product could be subject to the payment of customs taxes or similar. Such additional costs shall be exclusively borne by the Consumer. Athena S.p.A.. shall not be liable for the payment of such customs taxes or similar and it has not to carry out any prior check thereof. Accordingly, Athena S.p.A. S.r.l. reminds, recalls and suggests to the Consumer – before placing any order - to carry out prior checks with the local customs about eventual additional costs represented by customs taxes or similar for the delivery, and to get proper and detailed information about.


7.7           Should the Costumer refuse the purchased Product when delivered and/or refuse the payment of the customs taxes or similar thereof, all the costs for customs taxes or similar shall be exclusively borne by such Costumer (including costs imposed to Athena by customs authorities for the restitution of the product in Italy).


7.8           Customs procedures should cause delay in the delivery of the Products(s). In such a case, Athena S.p.A. suggests to the Consumer to carry out the proper checks with the interested customs agencies. The invoice related to customs taxes or similar could be received by the Costumer weeks after the receipt and delivery of the Product by the Costumer.





8.1           The  right to exercise withdrawal is provided only for Customers represented by consumers (excluding thus clients represented by professional individuals and/or legal persons) conditionally to the terms and the procedures that follow.


8.2           The Consumer has the right to terminate the Distance Contract already stipulated without reason, without penalty or costs whatsoever (except for the costs associated to the restitution of the Product) and safe what provided by article 9 hereinbelow, within 14 (fourteen) days, except as provided in  article 9 of the general conditions of sale ("Exclusion of the right of withdrawal”).


8.3           The withdrawal period as specified above elapse after 14 (fourteen) days starting:


a)       in case of Services (where available, also in the future, on the Site) from the day of conclusion of the Distance Contract;

b)       in case of Products, from the day when the Consumer or a third authorized party – different from the carrier - materially holds the Product; or


  1. in case of multiple Products ordered by the Consumer by placing a single and overall order but shipped separately, from the day when the Consumer or a third authorized party – different from the carrier - materially holds the last delivered Product; or
  2. in case of a Product composed by multiple lots or items, from the day when the Consumer or a third authorized party – different from the carrier - materially holds the last lot or item of the delivered Product.



8.4           Before the deadline to exercise the right of withdrawal from the Distance Contract, the Consumer informs Athena S.p.A. of his/her decision to withdraw. To such an aim the Consumer may:


a)       use the withdrawal form provided under article 8.5 hereinbelow (which is not mandatory)

b)       send any other express withdrawal request via mail at: Athena S.p.A. – legal seat in Via delle Albere, 13 - 36045 Alonte (Vicenza) – Italy – via fax to the number +39 (0)444 727222 or via email at: . The withdrawal request must be addressed to Athena’s Responsible for the Consumers Service.


The Consumer shall be deem to having exercise his/her right of withdrawal within the withdrawal term if the communication thereof shall have been sent by the Consumer before the elapsing of the withdrawal term. In such cases, Athena S.p.A. shall confirm on a durable support to the Consumer the acknowledgment of withdrawal.

The burden of proof related to the correct exercise of the right of withdrawal in compliance with the above rules is borne by the Consumer.


8.5           The withdrawal form must include at least the following data:


  • Addressee (name, geographic address, telephone and fax numbers, email as indicated herein);
  • The declaration “I hereby notify the withdrawal from the4 distance contract related to the following products/services
  • Date of the order;
  • Name of the Consumer;
  • Address of the Consumer;
  • Signature of the Consumer (only for papery request for withdrawal).
  • Date.



8.6           The essential integrity of the Product to be returned upon the exercise of the right of withdrawal is an essential condition for the valid exercise of the same right.





9.1           The Consumer may not exercise the right of withdrawal pursuant to the preceding clause in the following events:


a)       supply of Products packaged ​​to specifications or clearly personalized

b)        when the Product to be returned is no longer substantially intact.







10.1         With the receipt by Athena S.p.A. of the cancellation notice by the Consumer provided in the previous clause 8, the Parties are released from their respective obligations under the Distance Contract or from the proposed Distance Contract.


10.2. Where Products have been delivered by Athena S.p.A., the Consumer is obliged to return them or make them available to  Athena S.p.A. or another entity specified by the same, without delay and in any case within 14 (fourteen) days from the date when the Consumer has communicated his/her intention to withdraw from the Distance Contract. For the deadline purposes the Product will be deemed returned in time if sent before the 14 days term. The essential integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. Products must in fact be returned in good condition with the original labels and packaging un-removed. The packaging of the Products must be thorough in order to protect the original covers from any damage, writing or labeling.


10.3.        If the withdrawal right is exercised by the Consumer in accordance with the provisions specified in clauses 8 and 10,  Athena S.p.A. will reimburse free of charge the sums paid by the Consumer, eventually including the costs for the first shipping. The refund shall occur without delay and in any case within 14 (fourteen) days from the date when the Consumer has communicated his/her intention to withdraw from the Distance Contract. The refund shall be deemed correctly carried out when effectively reimbursed, sent or re-accredited with currency not posterior to the term previously indicated.


10.4         Athena shall reimburse the amount by using the same mean of payment employed by the Consumer for the purchase, safe the case where the Consumer has expressly agreed otherwise. The Consumer shall not bear any cost as a consequence of the reimbursement.


10.5         Athena S.p.A. shall not reimburse  any supplementary cost where the Consumer has chosen expressly a kind of shipping other than the less expensive method of shipping as offered on the Site. Further, Athena S.p.A. shall not reimburse any amount paid by the Consumer as customs taxes – if provided – as specified at the clauses 7.6 and 7.7.


10.6         Athena S.p.A. shall be entitled to hold any reimbursement until the returned Products are received or until the Consumer has documented the returning of Products, according to which situation occurs before.





11.1         Exclusively in cases in which the Distance Contract has been stipulated with a Consumer, and in cases where the purchased Product does not conform with the provisions of the Distance Contract as specified in art. 129 of the Consumer Code, the Consumer will enjoy the following consumer warranty rights.


11.2         According to art. 49, paragraph 1, letter (n) of the Consumers Code, the Consumer is hereby informed by the following memo on the legal guarantee on the Products. In case of Product’s failure to conform, the Consumer will be entitled to restoration without charge of the conformity of the Product through restoration or replacement, or to an appropriate price reduction or termination of the contract.


11.3         The  Consumer may opt to request Athena S.p.A. to repair the Product or to replace it, free of charge in both cases (the expenses are related to the necessary costs to achieve conformity of the Product, particularly in relation to the expenses incurred for shipping, for labor and materials), unless the assistance requested is objectively  impossible or too costly in relation to each other. It is to be considered excessive if either of these requirements are too expensive if it imposes Athena S.p.A. unreasonable costs compared to the other, taking into account:


a)       the value the goods would have if there were no lack of conformity;

b)       the entity of the lack of conformity;

c)        the possibility that the alternative remedy could be completed without significant inconvenience to the Consumer.


11.4         The Consumer may request by choice an appropriate price reduction or the resolution of the contract where one of the following situations occurs:


a)       repair and replacement are impossible or excessively expensive;

b)       Athena S.p.A. has failed to repair or replace the Product within a reasonable period of time, taking into account the nature of the goods and the purpose for which the Consumer has purchased the Product;

c)        the replacement or repair previously carried out has already caused significant inconvenience to the Consumer.


In determining the amount of the reduction or the amount to be returned  use of the Product will be considered.


11.5         Following the complaint of lack of conformity, Athena S.p.A. may offer the Consumer any other remedy available, with the following effects:


a)       whereby the Consumer has already requested a specific remedy, Athena S.p.A. will proceed to implement it, save the acceptance by the Consumer of an alternative remedy proposed by Athena S.p.A.;

b)       whereby the Consumer Client  not already requested a specific remedy, he/she will have to accept or  reject  the proposal by choosing a different remedy under the provisions of this clause 11.


11.6         A minor lack of conformity for which it was not possible or too costly to undergo remedy of repair or replacement, does not entitle the termination of the contract.


11.7         The Consumer loses his/her rights as provided by this clause if he/she does not notify to Athena S.p.A. the lack of conformity of the Products within a period of two months from the date which the defect was discovered.




12.1         This Distance Contract was drafted and construed in accordance with the laws of the Republic of Italy.


12.2         For any civil disputes arising from this Distance Contract the territorial jurisdiction is of the court of residence or domicile of the Consumer, if located in the State’s territory.


12.3         In all the other cases exclusive jurisdiction will be reserved to Italian jurisdiction and exclusive jurisdiction of the Foro of Vicenza, within the limits provided by:


  • Regulation (EC) No 593/2008 Of The European Parliament And Of The Council Of 17 June 2008 on the law applicable to contractual obligations (Rome I);
  • Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II);
  • Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.


12.4         Where some provisions of these General Conditions for on line sales are deemed invalid or inapplicable, the same will still be interpreted in such a way as to reflect the common intention of the Athena S.p.A. and its Customers, according to the remaining provisions.


12.5         With reference to possible alternative means of dispute settlement, we inform Customers that currently there are no existing means and/or alternative dispute resolution procedures.


©  Athena S.p.A. 2015. All rights reserved.