Terms of sale:
Identification of the Seller
The assets covered by these general conditions are located in the Isola Bianca Olbia Shipyard, in Viale Isola Bianca n. 26, VAT Number IT 00060970902 REA Number 30745 hereinafter referred to as “Seller”: definitions
1.1. The term “online sales contract” means the sales contract relating to the Seller’s movable tangible assets, stipulated between the latter and the Purchaser in the context of a distance selling system through electronic means, organized by the Seller 1.2. The term “Buyer” means the natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity performed.
1.3. The expression “Seller” means the subject as identified above or the person who sells the goods through the website indicated in the following article.
Art. 2 Object of the contract
2.1. With this contract the Seller sells and the Buyer purchases remotely, through telematic tools, the tangible movable goods presented and offered for sale on the site www.isolabianca.it
2.2. The products referred to in the previous point are illustrated, with specific and detailed indication of their characteristics, in the section of the web portal accessible at: www.isolabianca.it/nauticshop
Art. 3 Procedures for stipulating the contract
3.1. The contract between the Seller and the Buyer ends exclusively through the Internet in remote telematic mode, through the Buyer’s access to the web address www.isolabianca.it where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
4.2. When the Seller receives the order from the Buyer, he will send a confirmation e-mail or display a confirmation web page and summary of the order, in which the retrieved data are also reported to the previous point.
Art. 5 Methods of payment and reimbursement
5.1. Payment by the Buyer may only take place by means of one of the methods indicated in the purchase procedure by the Seller.
5.2. Any reimbursement to the Buyer will be credited using the same payment method chosen by the same at the time the order is forwarded. The Seller, in case of exercise of the right of withdrawal, will then refund the purchase price immediately after receiving the return of the sold item and verifying its status. The shipping costs incurred for returning the goods remain the responsibility of the Buyer.
5.3. All communications relating to payments are made using third-party encryption systems designed to protect transactions (eg PayPal payment system).
Art. 6 Delivery times and methods
6.1. The Seller will deliver the selected and ordered products, according to the methods chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.
6.2. The delivery times may vary from the day following the order to a maximum of 30 (thirty) days from the confirmation of the same, as required by current legislation. In the event that the Seller is unable, for any reason, to ship within that period, he will promptly advise the Buyer by e-mail sent to the address provided by the latter during the purchase procedure.
6.3. At the time of delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered even in the closing strips if present. In the event that the delivered goods present any damage presumably caused by transport, the Purchaser may refuse delivery and immediately notify the Seller, who will carry out the necessary disputes with the forwarding agent, providing for a new shipment once the return delivery has been received. disputed goods. In the event that the customer decides in any case to accept the goods on delivery, despite the packaging being seriously damaged and / or tampered with, in order to safeguard their rights, the courier must deny the unsuitability of the package, affixing the wording “RESERVE OF CONTROL OF GOODS DUE TO … “(indicating the reasoning behind the reserve in question) on the delivery document, of which a copy must be kept.
Art. 7 Prices
7.1. All product sales prices are indicated on the web address www.isolabianca.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c ..
7.2. The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any ancillary charges, if present, even if not included in the purchase price, are indicated and calculated in the purchase procedure before the order is forwarded by the Buyer and contained in the summary web page of the order, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog. Any promotional offers are specifically indicated and marked within the site with the words “promotional offer”, “product on promotion” or by equivalent denominations.
Art. 8 Product availability
8.1. The Seller ensures through the electronic system used the processing and processing of orders without delay. To this end, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
8.2. If an order exceeds the available quantity, the Seller, via e-mail, will inform the Buyer if the property is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or less.
8.3. The computer system of the Seller will confirm the registration of the order as soon as possible by sending the Buyer a summary e-mail, pursuant to point 4.2.
Art. 9 Limitations of liability
9.1. The Seller assumes no responsibility for disruptions caused by force majeure or unforeseeable circumstances.
9.2. The Seller cannot be held responsible to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet network outside of its own control or that of its sub-suppliers.
9.3. The Seller will also not be liable for damages, losses and costs incurred by the Purchaser as a result of the failure to execute the contract for reasons not attributable to him. 9.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.
Art. 10 Seller’s obligations for defective products, proof of damage and reparable damages
10.1. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer has Once the product was put into circulation, it still did not allow the product to be considered defective.
10.2. No compensation will be due if the injured party has been aware of the defect in the product and the danger arising from it and nevertheless has voluntarily exposed it. Likewise, defects arising from the bad and / or incorrect use of the purchased goods, from external causes (eg shocks, falls, etc.), from carelessness and improper use are not attributable to the Seller.
10.3. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
Art. 11 Guarantees and assistance methods
11.1. The Seller is liable for any lack of conformity which becomes apparent within the period of 2 (two) years from delivery of the goods, if new.
11.2. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which the defect was discovered.
11.3. In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the asset or with the nature of the defect of compliance.
11.4. In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, at the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller. The warranty does not cover products that show clear signs of tampering or failures caused by their improper use or external agents that are not due to manufacturing defects and / or faults.
11.5. The request must be received in writing, by registered letter with acknowledgment of receipt, to the Seller, who will indicate his willingness to proceed with it – or the reasons that prevent him from doing so – within 7 (seven) working days of receipt. In the same communication, where the Seller has accepted the Buyer’s request, he must indicate the method of delivery or return of the goods as well as the deadline for the return or replacement of the defective goods.
Art. 12 Purchaser’s Obligations
12.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract received via e-mail as an attachment to the confirmation of the purchase order.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer – who acknowledges it – before confirming the purchase, through electronic procedures.
Art. 13 Right of withdrawal
13.1. The Purchaser has in any case the right to withdraw from the stipulated contract, without payment of any penalty and without specifying the reason, within the term of 14 (fourteen) days from the date of receipt of the purchased good.
13.2. In the event that the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter a.r. to be sent to Viale Isola Bianca, n. 26, Olbia 07026 (OT) 32 – 20145 Milan, anticipated by e-mail sent to firstname.lastname@example.org, provided that such communication is confirmed by sending the aforementioned registered letter a.r. within 48 (forty eight) hours thereafter. The postmark stamped by the post office on the receipt issued will prevail.
13.3. The return of the goods by the Buyer – under penalty of forfeiture – must take place no later than 14 (fourteen) days from the date of notification of the withdrawal. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact, in their original packaging and without having been used by the Buyer.
13.4. For the purposes of exercising the right of withdrawal, in accordance with this article, the Purchaser is responsible for the direct cost of returning the goods to the Seller.
13.5. The Seller will reimburse the price paid by the Buyer after having received the good object of the withdrawal, without prejudice to the conditions referred to in paragraph 13.3 above so that the Buyer can obtain the aforementioned refund.
13.6. With the receipt of the registered letter with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
Art. 14 Protection of confidentiality and processing of Buyer’s data
14.1. The Seller protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
Art. 15 Communications and complaints
15.1. Written communications to the Seller and any complaints will be considered only if sent by e-mail to the following address: email@example.com. The Buyer undertakes to indicate in the registration form to the website his / her residence or domicile, the telephone number and the e-mail address to which he / she wishes the Seller’s communications to be sent.