General Terms and Conditions of Sale

Company information

• Company name: Custom Inferno S.R.L.
• Legal form: Limited liability company (Società a responsabilità limitata)
• Registered office: Via Caduti del Lavoro 7, 43058 Sorbolo Mezzani (PR), Italy
• VAT number and Tax Code: 02880830340
• REA number (Economic and Administrative Index): PR - 274475
• Share capital: € 4,000.00 fully paid-in
• Certified email (PEC): custom.inferno@pec.it
• Customer Service contact: through the contact form available on the website of the brand where the order was placed (Custom Inferno, Ninjersey, Radar Padel, Inferno Beachwear)

Preamble

These General Terms and Conditions of Sale (hereinafter "GTCs") govern the sale of personalized products manufactured by Custom Inferno S.R.L. (hereinafter the "Seller") through its e-commerce websites, including the brands Custom Inferno, Ninjersey, Radar Padel and Inferno Beachwear. The contract concluded with the Customer is in any case entered into with Custom Inferno S.R.L., regardless of the brand through which the order was placed.

Purchases made on the Seller's websites are governed by Italian Legislative Decree no. 206/2005 (Consumer Code), Italian Legislative Decree no. 70/2003 (e-commerce), EU Regulation no. 524/2013 (online dispute resolution), and, for matters not expressly covered, by the provisions of the Italian Civil Code.

1. Definitions

For the purposes of these GTCs, the following definitions apply:

• Customer: the natural or legal person placing an order through the Seller's website;
• Consumer: a Customer who is a natural person acting for purposes unrelated to any business, commercial, craft or professional activity, pursuant to Article 3 of the Italian Consumer Code;
• Professional (B2B Customer): a Customer acting in the course of its business, commercial, craft or professional activity;
• Personalized product: any item made to measure or clearly personalized at the Customer's request, pursuant to Article 59, paragraph 1, letter c) of the Italian Consumer Code;
• Website: the e-commerce website through which the Customer completes the order.

2. Subject matter

These GTCs apply to all sale contracts concluded between the Seller and the Customer through the Seller's websites. Each purchase transaction is governed by the GTCs in the version published on the website at the time the order is submitted, which the Customer declares to have read, understood and accepted before completing the purchase.

3. Product information

Each product offered for sale is described on its product page. Images, 3D renderings and descriptions are intended to present each item as faithfully as possible. However, given the personalized nature of production, slight variations in the final appearance of the product compared to the preview are possible, particularly with regard to proportions, positioning of graphic elements, color rendering and the feel of technical fabrics. Such variations do not constitute a lack of conformity.

4. Prices and additional costs

The prices of the products are those displayed on the website at the time of the order. The Seller reserves the right to change prices at any time, provided that the price applied to the Customer shall be the one published at the time the order is submitted.

Any shipping costs, additional production charges for premium personalizations or other accessory services are clearly indicated before the conclusion of the order, within the cart summary and checkout pages. No cost not expressly indicated in such pages may be charged to the Customer.

5. Conclusion of the contract

The contract is deemed concluded when the Seller sends the Customer the order confirmation by email, following the successful completion of the purchase procedure and receipt of payment or payment authorization. The order submitted by the Customer is binding on the Seller only if the entire purchase process has been completed without technical errors attributable to the website.

The Seller reserves the right to refuse the order in the event of product unavailability, manifest errors in price or description, suspected fraud, or for the reasons set out in Article 11 (image rights and content). In the event of refusal, any sums charged to the Customer will be fully refunded.

6. Payment

Payment may be made using the methods indicated at the time of the order. Financial data is transmitted via encrypted protocol to banking institutions and electronic payment service providers, without third parties being able to access it in any way. The Seller does not store or directly process any payment card data.

7. Production and shipping

Since the products are made to order, the production and shipping times indicated on the website run from the order confirmation and successful payment. Such times are estimated based on material availability and production capacity and may vary, in which case the Customer will be promptly informed.

If the Seller is unable to deliver the product within the indicated timeframe, the Customer may grant a reasonable additional period. If such additional period expires without delivery, the Customer shall be entitled to terminate the contract and obtain a full refund of the sums paid, pursuant to Article 61 of the Italian Consumer Code.

8. Delivery and transfer of risk

The risk of loss or damage to the products passes to the Consumer Customer only upon the physical delivery of the product to the Customer or to a third party designated by the Customer, other than the carrier, pursuant to Article 63 of the Italian Consumer Code.

The Customer is required to verify, upon delivery, the integrity of the packaging and the correspondence of the number of parcels indicated in the transport document. Any discrepancies must be disputed with the carrier by means of a specific reservation on the delivery note and reported to Customer Service within 8 days.

9. Right of withdrawal

Pursuant to Article 59, paragraph 1, letter c) of Italian Legislative Decree no. 206/2005, the 14-day right of withdrawal is excluded for products made to measure or clearly personalized. Since all products sold by the Seller fall within this category — being manufactured to order with graphic, sizing or composition personalizations chosen by the Customer — the Consumer Customer acknowledges and expressly accepts that they will not be able to exercise the right of withdrawal once the order has been confirmed.

This exclusion does not in any way affect the Customer's rights in the event of defective or non-conforming products, which are governed by Article 10 of these GTCs.

Before completing the order, the Customer is advised to carefully verify the correctness of the product configuration, as specified in Article 12.

10. Legal warranty of conformity

Products sold are covered by the legal warranty of conformity provided for under Articles 128-135 of the Italian Consumer Code, lasting 24 months from delivery, in favor of the Consumer Customer. For Professional (B2B) Customers, the provisions of the Italian Civil Code on warranty for defects of the sold goods (Articles 1490 et seq. of the Italian Civil Code) apply instead.

In the event of a lack of conformity, the Consumer is entitled, at their choice and free of charge, to have conformity of the product restored by means of repair or replacement. Where such remedies are impossible or disproportionately burdensome, or have not been completed within a reasonable period, the Consumer may request an appropriate reduction of the price or termination of the contract.

The Customer must report the defect to Customer Service within two months of its discovery, providing a description of the issue, photographic documentation and the order number. Any costs for returning and re-shipping the repaired or replaced product shall be borne by the Seller.

Aesthetic variations that do not constitute a defect pursuant to Article 3, as well as damage resulting from improper use, washing not in accordance with the labels and instructions, normal wear and tear, or unauthorized alterations, are excluded from the warranty.

11. Image rights, trademarks and customer-uploaded content

11.1 Warranty and indemnification

The Customer warrants that they are the legitimate holder of the ownership rights, economic exploitation rights, use rights, reproduction rights and duplication rights of all trademarks, logos, texts, photographs, artworks and any other content subject to copyright or industrial property rights (hereinafter the "Content") submitted to the Seller for the purpose of personalizing the selected garment, or that they have obtained all necessary written authorizations from the rights holders. The Seller has no obligation to carry out any preliminary verification of the ownership or lawfulness of the Content uploaded by the Customer.

The Customer is solely responsible for any legal dispute relating to the Content submitted and undertakes to indemnify and hold the Seller harmless, upon simple request, from any claim for damages, judicial or extrajudicial action, penalty, or cost (including legal fees) raised by third parties in connection with such Content.

11.2 Prohibited content

The Customer undertakes not to upload Content that:

• is unlawful, contrary to mandatory laws, public morals or public order;
• infringes third-party intellectual or industrial property rights (registered trademarks, copyrighted works, fictional characters, official sports logos or similar), unless specific written authorization has been obtained from the rights holders;
• is discriminatory, racist, sexist, homophobic, or incites hatred, violence or threats;
• contains political, trade union, religious or fanatical propaganda;
• depicts or refers to symbols of organizations prohibited by law;
• is sexually explicit, pornographic, or otherwise offensive to human dignity;
• contains personal data of third parties without their consent.

11.3 Seller's rights

The Seller reserves the right, at its sole and unquestionable discretion, to refuse, suspend or cancel any order that it considers prejudicial to or damaging to its image, its commercial initiatives, or otherwise contrary to the principles of this Article, even after order confirmation, should well-founded doubts arise as to the lawfulness of the Content. In such case, the Seller will fully refund the sums paid by the Customer, and no further claim for damages shall be admissible.

12. Graphic processing and production

The service offered by the Seller includes graphic processing and production activities. To avoid errors or disputes, the Customer is advised to pay particular attention to the following:

• Final verification: it is the Customer's responsibility to carry out the final check of the order summary and confirmation document, paying particular attention to the product's graphics, chosen models, colors, logos, numbers, names and sizes.
• Preview: preview images, including 3D renderings generated by the configurator, are purely illustrative. During printing and production, the proportions of graphic elements may undergo slight variations to improve adaptation to the model and different sizes.
• Color rendering: color rendering on the finished product may differ from what is displayed on screen, due to the Customer's device calibration and the characteristics of the technical fabric used.

Once the order has been confirmed, it will no longer be possible to modify the product configuration, as it is a personalized item.

13. Force majeure

The Seller shall not be liable for delays or failure to perform its obligations resulting from causes of force majeure or fortuitous events, including — by way of example and not limited to — exceptional weather events, pandemics, measures by public authorities, strikes, interruptions in raw material or energy supplies, IT or telecommunications system failures, and carrier blockages or slowdowns. In such cases, the Seller will promptly notify the Customer of the situation and will agree with the Customer on alternative performance timing or, where applicable, termination of the contract with a full refund.

14. Complaints and alternative dispute resolution

14.1 Complaints

Any complaints must be submitted through the contact form available on the website of the brand where the order was placed (Custom Inferno, Ninjersey, Radar Padel or Inferno Beachwear), or to the certified email address custom.inferno@pec.it. The Seller undertakes to respond to complaints within 5 business days of receipt.

14.2 ODR Platform

Pursuant to Article 14 of EU Regulation no. 524/2013, the Seller informs the Consumer that, in the event of a dispute relating to the sale contract, they have the right to use the European Online Dispute Resolution (ODR) platform, accessible at the following address:

https://ec.europa.eu/consumers/odr

The Seller's reference email address for the ODR platform is: custom.inferno@pec.it.

14.3 Attempted conciliation

The Consumer may also contact the competent ADR (Alternative Dispute Resolution) bodies listed in the register kept by the Italian Ministry of Enterprise and Made in Italy. Recourse to such procedures is not mandatory and does not affect the Consumer's right to bring proceedings before the judicial authority.

15. Personal data protection

The Customer declares to have read the privacy policy published on the website and consents to the processing of their personal data, necessary for the management of the order and the delivery of the products, in compliance with EU Regulation 2016/679 (GDPR) and Italian data protection legislation. The Data Controller is Custom Inferno S.R.L., which may be contacted at the addresses indicated at the beginning of this document.

16. Applicable law and jurisdiction

The contract is governed by Italian law.

For any dispute relating to the application, performance and interpretation of these GTCs concluded with a Consumer Customer, the court of the place of residence or domicile of the Consumer shall have exclusive jurisdiction, if located within the territory of Italy, pursuant to Article 66-bis of the Italian Consumer Code.

For disputes relating to contracts concluded with Professional Customers (B2B), the Court of Parma shall have exclusive jurisdiction.

17. Language of the contract

The contract is concluded in Italian. Any translations of these GTCs into other languages, including this English version, are provided for informational purposes only: in the event of any discrepancy, the Italian version shall always prevail.

18. Unfair terms (professional customers)

The Professional Customer declares to have read, understood and specifically approved, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following clauses: Article 3 (aesthetic variations), Article 5 (Seller's right to refuse the order), Article 7 (production and shipping times), Article 11.3 (right to refuse or cancel orders for content reasons), Article 13 (force majeure), Article 16 (jurisdiction for B2B), and Article 19 (amendments to the GTCs). This clause does not apply to Consumer Customers, for whom the provisions of the Italian Consumer Code on unfair terms (Articles 33 et seq.) remain fully applicable.

19. Amendments to the GTCs

The Seller reserves the right to amend these GTCs at any time. Amendments shall apply exclusively to sales concluded after their publication on the website. The version applicable to each individual order is the one in force and published at the time the order is submitted.

20. Final provisions

These GTCs form an integral part of every offer, order and order confirmation between the Seller and the Customer. The invalidity or ineffectiveness of any single clause shall not entail the invalidity of the entire contract, unless the invalid clause is essential pursuant to Article 1419 of the Italian Civil Code.

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Version updated: 17 April 2026