CONDITIONS OF SALE
Website publication and entry into force date 2/25/2021
1.1. These general terms and conditions of sale (hereafter also the "Conditions") shall apply to the purchase of “Original Marines.” brand products (hereafter the “Products” or individually the "Product") via the e-commerce website (hereafter the “Site”). The Site, which is the property of Original Marines S.p.A., with registered office in Interporto di Nola, Lotto H Blocco C, Boscofangone, Nola (NA), tax code, VAT no. 01303501215 (hereafter the “Owner”), is managed by Bucksense Italia srl with registered office in Largo Edoardo Stucchi 22, 00156 Rome, Italy, Business Registry Enrolment No. 15171991001 hereafter "BUCKSENSE").
1.2. BUCKSENSE deals exclusively with the management of the platform and the taking charge of orders placed on the Site on behalf of the Seller. Purchases of Products made through the Site will see as parts Original Marines SpA, as Seller, and the subject who proceeds to purchase one or more Products for purposes not related to his own business, commercial, craft or professional activity, as buyer (of hereinafter the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties").
1.3. The Seller owns the rights to the domain name of the Site, logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
1.4. Any communication from the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site or to the e-mail address firstname.lastname@example.org.
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Client.
1.6. Should one or more sales be made to a buyer who does not qualify as a Consumer, but as a Professional, these Conditions shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 10 shall not apply to the buyer;
b) the Product warranty referred to in article 8 shall not apply to the buyer;
c) no other provisions foreseen in favour of the Client which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Client agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Clients must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Client declares compliance with such requirements.
1.9. The Client shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability in the various geographical areas.
2.1. The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Client is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
3. Product purchase procedure - Conclusion of each single purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Client to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Client to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Client undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Clients will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Clients will also be asked to check and correct any errors in their personal data.
3.3. The Client's purchase order is accepted by the Seller by sending an e-mail to the Client confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Client has not registered on the Site; the order confirmation email which will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Client’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Client may request a copy of the same by sending an e-mail to the Seller at email@example.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Client receives the order confirmation from the Seller by e-mail
4. Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Client will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Client will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Client can be contacted in relation to the purchase made. The Client will be shown a summary of the order to be processed, and change the contents: at this point, the Client, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Client will also be asked to select a delivery option and a payment method from those available. If the Client selects immediate payment by credit card or Pay Pal he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Client for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Client when the Seller sends the actual order confirmation.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Client should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Client is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address firstname.lastname@example.org.
4.3. Order invoice can be requested no later than 10 days from the order confirmation date by communicating the invoice data to the email address email@example.com by entering the order references.
5. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Client places the order. If the order cannot be processed by the Seller, as the Product ordered by the Client is not available, even temporarily, for delivery, the Seller shall notify the Client in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the Client has selected the bank transfer payment method, the delivery term will become effective from the moment the Seller receives the payment.
5.3 The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these Conditions, failing that, the Products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery "with reserve". And contact the Seller's Customer Service.
5.4 The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these Conditions, failing that, the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery "with reserve". And contact the Seller's Customer Service.
5.5. If available, the Consumer will also have the possibility to choose, at the time of sending his order, the Delivery to the Store, selecting the most convenient point of sale among those indicated on the Site where to collect the Product (s) object of his order. purchase.
The Consumer, after having received an e-mail from the Seller confirming "Product collection confirmation", must go to the point of sale selected at the time of placing the order to collect the ordered Product with a copy of the confirmation e-mail of your order, the barcode received in the "Product collection confirmation" e-mail and your own valid identity document. If the Consumer fails to collect the Product (s) object of his purchase order within 15 (fifteen) days following receipt of the aforementioned "Product collection confirmation" e-mail, the Seller will activate the procedure for canceling the 'order, by sending the Consumer an e-mail confirming the cancellation of the order, and will refund the Consumer the relative amount paid no later than 14 (fourteen) days after the period of 15 (fifteen) days allowed for the withdrawal of the order , using the same payment method selected by the Consumer for the initial transaction. In the event of cancellation of the order, the Seller will have the right to sell the Products covered by the canceled order to third parties.
It is understood that the employees of each point of sale are not authorized to return the Consumer's order that includes Delivery to the Store to another address.
In case of collection made by a third party not holder of the order, it is necessary to go to the store with a proxy signed by the holder of the order, a copy of a valid identity document of the latter as well as a copy of the order confirmation and the barcode received by e-mail from the Consumer.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Client. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Client is confirmed, and which the Client agrees to pay to the Seller in addition to the price shown on the Site.
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Client.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Client hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Client is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Client.
6.5. The Client hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Client. The Client expressly agrees that processing of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
7.2. Payments for orders can be effected by credit card or via PayPal at the conditions provided below. The Seller may allow additional payment methods, indicating them in the Website's payment section.If available on the Site, the payment method by cash on delivery will in any case be excluded for the payment of purchase orders for which the Consumer has selected the Delivery in Shop referred to in the previous art. 5.5.
7.3. When payment is by credit card, the Client will be transferred to a secure site and the credit card information will be communicated directly to Braintree service of the company PayPal (Europe) S.à r.l. et Cie, S.C.A, Registered office 22-24 Boulevard Royal, L-2449 Luxembourg, Registered under the number R.C.S Luxembourg B 118 349 (hereinafter “Braintree”) the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4. Orders may be paid for by bank transfer to the Seller, where the Client shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax records relating to the purchase will be sent to the Client, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased product in paper format, in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (hereinafter "Consumer Protection Code"), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the duty to report any defects and non-conformities no later than 1 (one) month from order confirmation, reporting to Customer Service by e-mail at customer service @ originalmarines.com, the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the tax receipt ), or requesting reimbursement of the defective product (s) and / or non-compliant (s) using the appropriate form on the Site.
8.3. Following receipt of the report and / or request for return, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Seller's assistance service or through the return form and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the exchange or refund of the Products by providing the Consumer with a reply via e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The Products for which the Seller has authorized the exchange must be returned by the Consumer, together with a copy of the communication of authorization for the exchange in the shop, within 30 (thirty) days from the notification of the defect or non-conformity.
8.4. In the event of defects or non-conformities, the Consumer will be entitled to have the Product restored to conformity by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of the Legislative Decree n. 206/2005.
If the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to communicate to the Seller, again through the return process on the Site or via e-mail at customer firstname.lastname@example.org, the bank details to make the transfer in his favor and to ensure that the Seller is put in the condition to be able to return the amount due.
9.Defective Products Liability
9.1. With regard to any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Consumer Code apply. The Seller, as distributor of the Products through the Site, is free from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.
10. Right of withdrawal
10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded under these Conditions, without having to provide any reasons and without any penalty, within the term of 30 ( thirty) days since the order was confirmed.
10.2 To exercise a right of withdrawal, the Consumer shall, before the deadline indicated in paragraph 10.1 above, access the "My Returns" page in the My Account area or, if the same is not a registered user, by accessing the designated page and entering the order number and email address used to place the order. Customer can also send an explicit declaration to the Seller via the contact form or to the e-mail address email@example.com, of his decision to withdraw.
10.3 Following the provisions of point 10.2 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing, in the event that he has already received the ordered product in the meantime, the instructions to proceed with the return of the product, to be sent by and no later than the following 7 (seven) days to:
INTERPORTO DI NOLA, LOT H BLOCK C;
80035 - Nola (NA) - ITALY
10.4 If the Consumer has received the product, he is required to return it to Original Marines without undue delay and, in any case, within 7 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 7-day period has expired. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer.
10.5 In the event of withdrawal, the Consumer will be reimbursed for the payments made without undue delay and, in any case, no later than 14 days from the confirmation of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The reimbursement may be suspended until receipt of the goods or until the Consumer demonstrates that he has returned the goods, whichever is the earlier.
10.6 Il Consumatore è responsabile della diminuzione del valore dei beni risultante da una manipolazione diversa da quella necessaria per stabilire la natura, le caratteristiche e il funzionamento dei beni. Pertanto, qualora i beni restituiti risultino danneggiati (ad esempio con segno di usura, abrasione, scalfittura, graffio, deformazioni, ecc.), non completi di tutti i loro elementi ed accessori (ivi incluse le etichette e i cartellini inalterati ed attaccati al prodotto), non corredati dalle istruzioni/note/manuali allegati, dalle confezioni e imballaggi originali e dal certificato di garanzia, ove presente, il Consumatore risponderà della diminuzione patrimoniale del valore del bene, ed avrà diritto al rimborso dell’importo pari al valore residuo del Prodotto. A tale fine, pertanto, il Consumatore è invitato a non manipolare il bene oltre quanto strettamente necessario a stabilire la natura, le caratteristiche e il funzionamento degli stessi e rivestire l’involucro originale dei Prodotti con altro imballo protettivo che ne conservi l’integrità e lo protegga durante il trasporto anche da scritte o da etichette.
11. Intellectual Property Rights
11.1. The Client acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Original Marines S.p.A. and/or its assignees, with no rights arising on the part of the Client in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Original Marines S.p.A.
12. Protection of Client Personal Data
12.1. In order to proceed with the registration process, place an order and conclude this contract under these Conditions of sale, the Client is required to provide certain personal details. The Client hereby acknowledges that the personal data provided will be recorded and used by the Bucksense Italia s.r.l and by Original Marines S.p.A., in accordance with and in compliance with the provisions of EU Regulation 2016/679 - Privacy Code, to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Information Notice on the Personal Data Protection Code provided to the Client via the Site during the registration phase.
12.2. The Client hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Client is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
13. Data Security
13.1. Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.
13.2. With regard to data relating to payments by credit card, the Seller uses the services of Braintree which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law, settlements and jurisdiction
4.1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by the legislative decree of 9 April 2003. n. 70 on certain aspects concerning electronic commerce. In any case, the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on RisolviOnline regulations or to send a conciliation request, access www.risolvionline.com.
14.3. As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
14.4. If the conciliation attempt referred to in paragraph 14.2 or 14.3 above is not accepted, or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.