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Contractual terms and conditions
General terms of supply
1. The contract between Prime, a brand owned by GP ITALIA.Spa, and the Customer shall be deemed concluded upon acceptance of the order, even if only in part, by Prime. Such acceptance is deemed tacit unless otherwise communicated to the Customer by any means. By placing an order using any of the available methods, the Customer declares that they have read all the information provided during the purchase process and accept in full the general terms and payment conditions set out below.
2. If the Customer is a consumer (a natural person purchasing goods for purposes unrelated to their professional activity), once the online purchase process is complete, they shall print or save an electronic copy and retain these general terms of sale, in accordance with Articles 3 and 4 of Legislative Decree 185/1999 on distance selling.
3. Any right of the Customer to damages or compensation is excluded, as is any contractual or non-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance of an order, even in part.
4. The Customer may purchase the products in Prime's electronic catalogue at the time the order is submitted and displayed on this website, as described in the relevant information sheets. It is understood that the image accompanying a product description may not perfectly represent its features and may differ in colour, dimensions or accessories shown. All information provided to assist purchases (Glossary, Buying Guide, etc.) is intended as general information only and does not refer to the actual characteristics of an individual product.
5. Prime confirms receipt of the order by email to the address supplied by the Customer. This confirmation will state the date and time of the order and a 'Customer Order Number', which must be used in all further communications with Prime. The message repeats all the details entered by the Customer, who undertakes to check their accuracy and promptly communicate any corrections using the methods described in this document.
6. If an order is not accepted, Prime undertakes to notify the Customer promptly.
Payment methods
7. For payment by advance bank transfer, the goods ordered by the Customer will be dispatched within two days of notification of payment.
8. By cash on delivery, payable in cash directly to the courier.
9. By credit card and PayPal, payable directly on the website.
9a. If the order is cancelled, either by the Customer or because Prime does not accept it, the amount relating to the cancelled goods will be refunded by bank transfer to the Customer's bank account at the time of cancellation.
Delivery methods and costs
10. Prime may accept orders for delivery of goods, where shipping is available, throughout Italy and internationally within 30 days of the date of the order confirmation sent to the Customer. For orders consisting solely of software products, where no installation services via remote connection are provided, Prime will send the Customer an internet link from which the purchased product can be downloaded. The product may be enabled by a hardware and/or software protection key sent subsequently or at the same time as the hardware key is dispatched, where provided for in the product information sheet.
11. For each order and the corresponding payment received, Prime issues an invoice for the goods ordered and sends it by email to the person named on the order, pursuant to Article 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice is based on the information supplied by the Customer when ordering. No changes to the invoice will be possible after it has been issued.
12. Delivery costs are 10 euros, payable by the Customer unless otherwise indicated.
13. Prime cannot be held responsible for delays in processing an order or delivering the goods ordered.
14. Unless otherwise specified in the product information sheet, delivery is at street level. When the courier delivers the goods, the Customer must check that the number of packages matches the transport document or accompanying invoice sent in advance by email; and that the packaging is intact, undamaged, dry and unaltered, including its sealing materials (adhesive tape or metal straps). Any damage to the packaging and/or product, or discrepancy in the number of packages or information, must be reported immediately by adding a WRITTEN RESERVATION SUBJECT TO INSPECTION (SPECIFYING THE REASON, e.g. "punctured packaging", "crushed packaging", etc.) to the courier's proof of delivery. Once the courier's document has been signed, the Customer may not raise any objection concerning the external condition of the goods delivered. Any problem concerning the physical integrity, conformity or completeness of the products received must be reported within 7 days of delivery, using the methods set out in this document.
15. If goods held at the courier's warehouse following repeated unsuccessful delivery attempts to the address given by the Customer when ordering are not collected within 5 working days, the goods ordered will be returned to Prime's warehouse.
Right of withdrawal
16. Pursuant to Article 5 of Legislative Decree 185/1999, if the Customer is a consumer (a natural person purchasing goods for purposes unrelated to their professional activity, meaning that the purchase is made without entering a VAT number in the order form submitted to Prime), they have the right to withdraw from the purchase contract for any reason, without having to provide an explanation and without any penalty, subject to points 18 and 20 below.
17. To exercise this right, the Customer must notify Prime within 10 working days of receiving the goods. This notice must be sent by email to info@primeworkoutfit.com. Once this notice of withdrawal has been received, Prime Customer Service will promptly provide the Customer with return instructions and assign a unique RMA code for returning the goods, which must reach Prime within 10 days of authorisation. The goods must be returned intact, complete in all parts and in their original packaging (bags and boxes), carefully kept and fully sealed. The right of withdrawal does not apply to goods containing personalised garments.
18. The right of withdrawal is subject to the following conditions:
- The right applies to the purchased product in its entirety; withdrawal cannot be exercised solely in respect of personalised garments;
- the purchased item must be intact and returned in its original packaging, complete in all parts (including packaging and any documentation and accessories: manuals, cables, etc.); to limit damage to the original packaging, we recommend placing it inside a second box bearing a label with the RMA number (return authorisation code); labels or adhesive tape must never be applied directly to the product's original packaging;
- in accordance with the law, return shipping costs are payable by the Customer; the original delivery costs and any other additional costs stated when the order was placed will not be refunded;
- the shipment remains entirely the Customer's responsibility until receipt at our warehouse is confirmed;
- if the item is damaged during transport, Prime will inform the Customer within 5 working days of its receipt at the warehouse, so that the Customer can promptly file a claim with their chosen courier and obtain reimbursement of the item's value, if insured; in this event, the product will be made available to the Customer for return and the withdrawal request will be cancelled; Prime is not responsible in any way for damage to, theft or loss of goods returned without insurance; upon arrival at the warehouse, the product will be inspected for any damage or tampering not caused by transport. If the original packaging is damaged or opened, Prime will deduct a percentage from the refund, not exceeding 20%, as a contribution towards restoration costs.
19. Subject to any restoration costs for verified damage to the original packaging, Prime will refund the Customer the full amount already paid within 14 days of the goods being returned, by reversing the credit card charge or by bank transfer. In the latter case, the Customer must promptly provide the bank details needed for the refund (ABI code, CAB code, IBAN and bank account of the person named on the invoice).
20. The right of withdrawal is lost in full if the essential condition that the goods (packaging and/or contents) remain intact is not met, where Prime establishes:
- use of the item or opening of the original packaging;
- absence of the external packaging and/or original internal packaging;
- absence of components forming part of the product (accessories, cables, manuals or parts);
- damage to the product for reasons other than transport.
If the right of withdrawal is lost, the goods will remain at Prime's premises, available for collection by the Customer at their own expense.
Warranty
21. All products sold by Prime are covered by the manufacturer's commercial warranty and by a 24-month warranty for lack of conformity, pursuant to Legislative Decree 24/02. To obtain warranty assistance, the Customer must retain the invoice received by email in electronic PDF format. Exercising the warranty may require requesting assistance from local Authorised Service Centres and/or following the procedures described in the documentation inside the product packaging.
22. The manufacturer's commercial warranty is provided in accordance with the procedures described in the documentation inside the product packaging. If, following work by an Authorised Service Centre, the defect is found not to be covered by the manufacturer's commercial warranty, the Customer will be charged any inspection and restoration costs requested by the Authorised Service Centre, together with any transport costs incurred by Prime.
23. The 24-month warranty pursuant to Legislative Decree 24/02 applies to a product with a lack of conformity, provided it is used correctly, for its intended purpose and in accordance with the accompanying technical documentation. This warranty is reserved for private consumers (natural persons purchasing goods for purposes unrelated to their professional activity, meaning that they purchase without entering a VAT number in the order form). In the event of a lack of conformity, Prime will restore the product's conformity free of charge to the Customer through repair/replacement, a price reduction or termination of the contract. If, following work by an Authorised Service Centre, the fault is found not to constitute a lack of conformity under Legislative Decree 24/02, the Customer will be charged any inspection and restoration costs requested by the Authorised Service Centre, together with any transport costs incurred by Prime.
24. Replacements in cases of DOA (Dead On Arrival: a product that does not work on delivery) are made only where expressly provided for by the manufacturer. Product replacement or repair times depend entirely on the manufacturer's policies.
25. If, for any reason, Prime is unable to return a product under warranty to the Customer (repaired or replaced), Prime may, at its discretion, refund the amount paid, taking account of use of the item, or replace it with a product of equivalent or superior specifications.
26. Product repair or replacement times depend entirely on the manufacturer's policies, and no damages may be claimed from Prime for delays in repairs or replacements.
27. Where the warranty requires the product to be returned, the Customer must return it in its original packaging, complete in all parts (including packaging and any documentation and accessories: manuals, cables, etc.); to limit damage to the original packaging, we recommend placing it inside a second box; labels or adhesive tape must never be applied directly to the product's original packaging. The Customer will be provided with a return authorisation number (RMA), which must be shown on the outside of the packaging, following the instructions in the relevant authorisation email.
Privacy
28. The personal data requested when an order is submitted is collected and processed to fulfil the Customer's express requests and will not, under any circumstances or for any reason, be transferred to third parties. Prime guarantees its customers compliance with the rules on personal data processing, as governed by the Privacy Code under Legislative Decree 196 of 30/06/2003.
Data is collected and stored anonymously through this website for marketing and optimisation purposes. Data relating to all visitors is saved using an anonymous user ID to create a usage profile. Cookies may be used to collect and store this data, but the data remains anonymous. The data is not used to identify a visitor personally and is not combined with any other confidential information. Consent to data collection and storage may be withdrawn at any time with immediate effect by emailing info@gpitalia.com. The data controller is Prime.
Complaints
29. Any complaint must be addressed to Prime by email at info@primeworkoutfit.com.
Applicable law
30. The sales contract between the Customer and Prime is deemed concluded in Italy and is 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, territorial jurisdiction lies with the court for the municipality in which the Customer resides; in all other cases, the Court of Naples has exclusive territorial jurisdiction.
