These terms and conditions shall apply exclusively by and between ATEP ITALIA S.r.l., with registered office in Paratico (BS), no. 20 Via Vanzago, REA (Administrative and Economic Register) no. BS 575313, VAT no. 01694380161, hereinafter the “SELLER”, and any person who shall buy online by using the SELLER’s www.marinerie.com website, hereinafter the “CUSTOMER”. These terms and conditions may be amended from time to time and the relevant date of online publishing corresponds to their entry into force.
These terms and conditions shall apply to any purchases carried out through the www.marinerie.com website in conformity with the provisions set forth in Part III, Title III, Chapter I of the Consumers’ Code – Legislative Decree no. 206/2005, as amended by Legislative Decree n. 21/2014, and by Legislative Decree no. 70/2003 concerning electronic commerce.
ARTICLE 1 – SUBJECT MATTER OF THE CONTRACT
These terms and conditions of sale shall apply to any contract by and between the SELLER and the CUSTOMER, through which the SELLER sells and the CUSTOMER purchases – online – the items displayed and offered on sale on the www.marinerie.com website. The contract shall be entered into exclusively through the Internet online network, by way of CUSTOMER’s access to the www.marinerie.com website and the execution of an Internet purchase in accordance with the procedure set forth in same website.
Before confirming any order, the CUSTOMER undertakes to read these general terms and conditions of online sale and particularly the pre-contractual information provided by the SELLER, and to expressly accept them by way of flagging the relevant box.
In the e-mail message which shall confirm the purchase order, the CUSTOMER shall receive the link thorough which he/she may download and archive a copy of these general terms and conditions of online sale, according to art. 51, par. 1 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CUSTOMER – ART. 49 OF LEGISLATIVE DECREE 206/2005
Before entering into any contract, the CUSTOMER shall examine the product’s characteristics, as set forth in the relevant product sheet at the moment of CUSTOMER’s choice.
Before validating the order, with relevant obligation of payment of the purchase price, the CUSTOMER shall receive the following information:
– total price of the products (inclusive of taxes), with detail of the shipping fees and of any other costs; in the event of international sale, the VAT amount – depending on the country of destination of the products – shall be communicated though separate email message, or calculated directly by the website;
– payment conditions;
– deadline of delivery of the products by the SELLER;
– terms, conditions and procedures for CUSTOMER’s withdrawal from the contract (art. 7 of these terms and conditions), as well as the template form for withdrawal according to annex I, part B of Legislative Decree no. 21/2014;
– information on the fact that the CUSTOMER, in the event of withdrawal, shall bear the costs for the product’s return;
– existence of a legal conformity warranty of the purchased products;
– terms of post-sale assistance and commercial warranties provided by the SELLER.
The CUSTOMER, at any time and in any event before the contract’s execution, may examine the information pertaining to the SELLER, its geographic address, telephone number, email address, information which you also find herebelow:
ATEP ITALIA Srl
Registered office: Paratico (BS), no. 20 Via Vanzago – Italy
Phone: +39 035.913344
E-mail address: email@example.com
Certified email address: firstname.lastname@example.org
ARTICLE 3 – EXECUTION AND COMING INTO FORCE OF THE CONTRACT
The sale contract shall be deemed as having been executed upon the sending of the order’s confirmation email by the SELLER to the CUSTOMER. The email shall set forth the CLIENT’s information, order’s number, price of the purchased products, shipping costs, delivery address to which the products shall be dispatched, as well as the link where to find, print and archive copy of these terms and conditions.
The CUSTOMER undertakes to check the correctness of his/her own personal data, as set forth in the aforementioned email, and to promptly communicate to the SELLER any possible corrections/amendments to be carried out.
The SELLER undertakes to describe the characteristics and to present the products sold on the website in the best possible way. Notwithstanding the above, there may occur errors, imprecisions or small discrepancies between the product shown on the website and the real product. Moreover, the pictures of the products presented on www.marinerie.com do not represent a contractual element or condition, as they are only representative of the products.
The SELLER undertakes to deliver the products within 30 days as from the sending of the order confirmation email by same SELLER to the CUSTOMER.
ARTICLE 4 – AVAILABILITY OF PRODUCTS
The products’ availability refers to the actual availability in the moment when the CUSTOMER places the order. However, such availability must be considered as being purely indicative as:
– the products might be sold to other CUSTOMERS before the order’s confirmation, as a consequence of the contextual presence of several CUSTOMERS on the website;
– an IT anomaly might occur, so as to make a product erroneously available for purchase on the website (when it is actually not).
A partial or total unavailability of the products might occur also after the sending of the order confirmation e-mail by the SELLER. In this event, the order shall be automatically amended with the removal of the unavailable product or products and the CUSTOMER shall immediately be notified by email; with this e-mail the CUSTOMER shall also be informed of the methods and timing of reimbursement of any undue amounts possibly already paid.
ARTICLE 5 – METHODS OF PAYMENT
The CUSTOMER may carry out any payment only by using the credit cards listed on the www.marinerie.com website, by bank transfer or PayPal.
In the event of payment by credit card or PayPal, the total amount of the order will be actually charged contextually to the placement of same order.
Any communication relating to the payment and the information contextually given by the CUSTOMER takes place through special protected lines. The safety of the payment carried out by credit card is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certifications.
ARTICLE 6 – PRICES
All the product prices set forth on the www.marinerie.com website are expressed in Euro and do not include VAT, which shall be specified separately.
The shipping costs are not included in the purchase price, but they are indicated and calculated upon conclusion of the purchase process, before the payment is carried out.
In the event of an IT / manual / technical or any other type of error that could lead to a substantial change of the retail price, not foreseen by the SELLER, which makes such price exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER shall be reimbursed within 14 days as from the day of cancellation.
ARTICLE 7 – withdrawal
In conformity with the applicable rules of law, the CUSTOMER has the right to withdraw from the purchase without any penalty and with no need of specification of the relevant reasons, within 14 days as from the date of receipt of the products.
In the event of multiple purchases carried out by the CUSTOMER with a single order and delivered separately, the 14 days’ deadline shall start upon receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify the SELLER by means of an explicit declaration, which can be sent by registered letter with return receipt, or by accessing the “My orders” section of the “My account” space on the www.marinerie.com website, with the creation of an IT product’s return file.
The CUSTOMER may exercise the right of withdrawal by way of notification to the SELLER of any explicit declaration setting forth his/her decision to withdraw from the contract or, alternatively, by way of notification of the standard withdrawal form (non-mandatory), according to Annex I, part B, of Legislative Decree no. 21/2014, which text follows herebelow:
Standard withdrawal form according to art. 49, par. 1, let. H)
(fill-in and return this form only if you wish to withdraw from the contract)
ATEP ITALIA Srl
no. 20 Via Vanzago – 25030 Paratico (BS) – Italy
Phone +39 035.913344
E-mail address email@example.com
With this letter I/we (*) notify my/our (*) withdrawal from the sales contract concerning the following products/services (*)
- Ordered on (*) / received on (*)
- Name of customer(s)
- Address of the costumer(s)
- Signature of costumer (s) (only if this form is sent in paper form)
- Date (*)
(* = Delete the unused word/complete with the missing information where appropriate)
In the event of withdrawal, the CUSTOMER is required to return the products within 14 days as from the date of notification to the SELLER of his/her will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The products must be returned to ATEP ITALIA Srl – no. 20 Via Vanzago – 25030 Paratico (BS) – Italy.
The products must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, etc.) and complete with the relevant tax documentation. Without prejudice to the SELLER’s right to verify the compliance with the above, the SELLER will refund the amount of the products – object of withdrawal – within a maximum period of 14 days.
Regarding the return of the product subject to withdrawal, the SELLER offers to its CUSTOMERS the possibility to avail themselves of a carrier affiliated to same SELLER. In the event that the CUSTOMER decides to use such service, the shipping costs (with the exception of telephone booking costs) shall be borne by the SELLER (art. 56, par. 1 Legislative Decree 206/2005). In the event that, instead, the CUSTOMER decides to avail him/herself of a different carrier or of another mean of transport, all relevant costs shall be borne by same CUSTOMER (art. 56, par. 2 Legislative Decree 206/2005).
The CUSTOMER shall also have the possibility of returning the online purchased product directly to the SELLER’s registered office. In this case, no online IT return file must be created and all return costs (e.g. for fuel, disassembly of the product etc.) shall be borne by the CUSTOMER. Moreover, in case of return of the product at the SELLER’s registered office, the CUSTOMER will not be allowed to avail him/herself of the SELLER’s affiliated carrier.
Pursuant to art. 56, par. 3 of the Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the SELLER may suspend the refund until receipt of the returned products, or until receipt of the proof that the CUSTOMER sent back the products to the SELLER.
The SELLER shall refund the CUSTOMER by using the same payment method used by the latter for his/her own purchase. In the event of CUSTOMER deciding to exercise his/her right of withdrawal and payment carried out by bank transfer, the CUSTOMER must provide the SELLER with his/her own bank details: IBAN, SWIFT and BIC numbers are required by the SELLER to carry out the refund.
ARTICLE 8 – LEGAL CONFORMITY warranty
In the event of receipt of a defective product or of a product not in compliance with the order placed, the CUSTOMER has the right to obtain – free of charge – the restoration of conformity of the product, by way of reparation or replacing of the product. The CUSTOMER may exercise such right if the defect manifests itself within 2 years from the delivery of the product and provided that same CUSTOMER notifies the defect to the SELLER within 2 months as from relevant detection. For the purpose of exercising the aforementioned right, the CUSTOMER must create an IT return file by accessing to the “My orders” section of the “My account” space on the www.marinerie.com website. The SELLER, in case of a defective or of a non-compliant product, shall arrange – at its own expenses – the pick-up of the product, compatibly with the CUSTOMER availability.
ARTICLE 9 – COMMERCIAL WARRANTY
All products shown on the www.marinerie.com website benefit – on top of the legal conformity warranty set forth in the preceding article – also of a commercial warranty which duration is set forth in each product sheet and/or in the relevant invoice. The commercial warranty shall not apply in the event of unproper use or of non-compliant maintenance by the CUSTOMER.
In order to take advantage of the warranty assistance service, the CUSTOMER must retain the invoice, that he/she may also print by accessing to the “My orders” section of the “My account” space on the www.marinerie.com website.
ARTICLE 10 – SHIPPING
The products shall be delivered by express courier at the address indicated by the CUSTOMER in the purchase order, within 30 days as from receipt by the CUSTOMER of the email order confirmation sent by the SELLER.
For each order placed through the www.marinerie.com website, the SELLER shall issue a fiscal document concerning the shipped products, which shall be delivered together with the products and/or by mail.
ARTICLE 11 – LIABILITY
The SELLER does not undertake any liability for any malfunctioning of the services due to force majeure events or to unforeseeable circumstances, also depending on malfunctioning and disruptions of the Internet services, which may cause delays in the performance of the contract by the SELLER.
ARTICLE 12 – WEBSITE ACCESS
The CUSTOMER has the right to accede to the website for relevant consultation and for carrying out his/her purchases. No other use – and, in particular, no other commercial use – of the website or of its contents is allowed. All of this website’s visual or sound contents and the technology used are property of the SELLER and are protected by intellectual property laws.
ARTICOLO 13 – COOKIES
The SELLER informs the CUSTOMER of the possibility of deactivating the creation of such files, by accessing his/her Internet configuration menu. It is understood that this action will prevent the CUSTOMER from carrying out any online purchase through the SELLER’s website.
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ARTICLE 14 – WHOLE AGREEMENT
This General Terms and Conditions of Online Sale are made up of all the clauses that compose them. Should one or more clauses of these General Terms and Conditions of Online Sale be considered invalid or declared as such pursuant to the law, regulations or based on the judgement of a Court having jurisdiction on it, all the other clauses shall continue to have full force and effect.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT COURT
This General Terms and Conditions of Online Sale are subject to Italian law.
Any dispute that shall not find an amicable solution shall be submitted to the exclusive jurisdiction of the Court of the CUSTOMER’s place of residence or domicile.
In any event it will be possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr.