TERMS OF SALE
This is the user agreement that governs the general sale terms and conditions (hereinafter referred to as “GTCs”) between the buyer and Nautinox Srl. Such conditions are applied to each order unless specific exemptions sent by Nautinox Srl to the Customer. The placement of an order implies full acceptance of these general sale conditions. Any request or communication regarding this should be addressed to:
Via Meucci 14/16
20080 Casarile (MI), ITALIA
Tel: +39 0290093718
Da lunedì a venerdì (8.30 – 12.00/ 13.30 – 17.00)
These GTCs are valid only between our company Nautinox Srl, with registered office in Via Meucci 14/16, 20080 Casarile (MI) ITALY PI 05929350154 hereinafter “Nautinox” or “We” and any person who places orders hereinafter “Customer” or “You”. These conditions may be subject to change, the date of on-line publication will be the date of entry into force.
These GTCs govern and form an integral and essential part of all the contracts submitted by the customer to Nautinox and govern also purchases made on the web-site www.nautinox.it, in accordance with Articles 50 and following the Legislative Decree n°206 dated 6 September 2005, the Consumer Italian Code, Section II of Chapter I of Title III of Part Three, which should be consulted as provided for by art. 60 of the Consumer Italian Code.
For any question regarding the content of the GTCS, the contract and its discipline, Nautinox is willing to offer you any clarification or information. In compliance with the current Italian legislation, the GTCs (including any conditions of shipment) are specified as follows. Please take time to read these terms as it is important that you understand our contractual relationship both relating to your use of our website and the services we provide you. You will be asked to check a box that states you’ve agreed to our terms and conditions.
These GTCs are constituted by all the provisions. If one or more provisions in these GTCs is considered or declared not valid under the law, regulation or following a decision by a court of competent jurisdiction, the other provisions shall remain in full force and effect.
ARTICLE 1 – Definitions
“Private Buyer” means any individual person who places an order for purposes other than its trade, business, craft or profession;
“Operator” means any individual or legal person who places an order in exercise of its trade, business, craft or profession;
“Customer” means, depending on the case, the Private Buyer or the Operator;
“Contract” has the meaning ascribed to such term in Section 3;
“Product” is the object of the sale contract.
“Business Day” means any day of the week except Saturdays, Sundays and public holidays according to the Italian law;
“Order” has the meaning ascribed to such term in Section 3.
ARTICLE 2 – Object of the contract
With these GTCs, Nautinox sells and the customer buys with a distance sale the tangible movable property shown and offered for sale by Nautinox. These GTCs shall apply to all Orders and Contracts made or to be made by Nautinox for the sale and supply of Products. As a result of placing an order, the Customer declares to have taken note of and accept these Terms and Conditions. When the Customer submits an Order to Nautinox, give any delivery instruction or accept delivery of the Products, this shall in any event constitute its unqualified acceptance of these GTCs.
Any waiver agreement or in addition to the GTCs provided herein shall be expressly written. The customer can refer to these GTCs, together with the text of the Contract, on the website www.nautinox.it
Nothing in these GTCs affects Customer’s statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
These GTCs shall prevail over any separate terms put forward by the Customer. Any conditions submitted, proposed or stipulated by the Customer in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
No other terms or changes to the GTCs shall be binding unless agreed in writing signed by Nautinox.
ARTICLE 3 – Conclusion and effectiveness of the contract
1. The contracts are made exclusively in Italian and English.
2. The order remains an offer until Nautinox issues its Order Confirmation; only then the sale is completed. This document contains the details of the Customer and its order, the price of the goods purchased, any costs of transport and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to communicate any corrections.
3. Nautinox undertakes to describe and display the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may occur. Any information or data referred to or contained in our leaflets, brochures, prospectuses, pricelists, catalogs or other similar documentation attributable directly or indirectly to Nautinox will have no value or effect between the parties. In addition, the pictures of the products on www.nautinox.it do not constitute part of a contract, as they are only representative.
All goods remain the property of Nautinox until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform Nautinox immediately.
4. Nautinox undertakes to deliver the goods within 25/30 working days from the day following the date of order confirmation sent by Nautinox.
ARTICLE 4 – Availability
1. Products availability refers to the effective availability shown when the Customer consults the tabs of the product; this must still be considered as purely indicative, since, due to the simultaneous presence on the site of many users, the products could be sold to others before order confirmation.
2. Even after the order confirmation, there may be cases of partial or total unavailability of the goods. In this case, the Customer will be promptly informed and can decide whether to accept the delivery of the part.
3. The availability of each item is not contractual and in case of unavailability of one or more products no responsibilities can be attributed to the seller.
ARTICLE 5 – Payment
1. Unless otherwise agreed, the Customer will pay for the Products in full price at the time of ordering. Nautinox reserves the right to deliver the items purchased only after receiving the payment of their full amount. During the Order Nautinox may propose, at its sole discretion, different payment instruments, such as, for example, payment by credit card (Visa, MasterCard, American Express), payment via the secure system “Paypal”, or payment by advanced bank transfer. Payment by cash on delivery and cash payment for hand pick-up are scheduled only for the Italian territory. For payments by credit card, if a product turns to be unavailable after the order and after the reservation of the amount on the credit card, Nautinox will take the necessary steps with the operator to reverse the payment transaction related to the goods not available.
The Customer undertakes that all the details provided for the purpose of purchasing the Product from Nautinox will be correct, that the credit card or account or other payment method which the Customer uses is its own and that there are sufficient funds or credit facilities to cover the cost of the Product. Nautinox reserves the right to obtain validation of the payment details before providing the Customer with the Product.
2. Communications related to the payment and to the data provided by the Customer occur on a secure line and with all the guarantees secured by the use of security protocols provided by the payment circuits.
3. The Customer agrees to receive invoices and credit notes exclusively in electronic form.
4. When submitting an Order to the Site, the Customer agrees to be subjected to these GTCs at the date it submits its Order. The Customer is responsible for reviewing the latest Terms and Conditions each time it submits an Order.
ARTICLE 6 – Prices
1. All sales prices of the products shown on the site www.nautinox.it are expressed in Euro and are VAT included.
2. The shipping costs are not included in the purchase price but are entered and calculated at the conclusion of the purchase process before payment.
3. Customer agrees that Nautinox has the right to modify its prices at any time, however, the goods will be invoiced on the basis of the prices indicated and confirmed at the moment of the order.
ARTICLE 7 – Withdrawal
1.In accordance with the Italian legal provisions in force, the Customer is entitled to withdraw from the purchase without penalty and without specifying the reason within 14 working days from the date of delivery of the products (in the case of multiple delivery, from the date of the first partial delivery)
2. The withdrawal notice must be sent by registered letter with acknowledgment of receipt or by fax or e-mail to email@example.com indicating the order number on condition that withdrawal is confirmed in writing by Nautinox.
The goods must be returned to:
Via Meucci 14/16
20080 Casarile (MI), ITALIA
By law, the shipping costs for return of the goods shall be borne by the Customer. The goods must be returned undamaged, in original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc…) and full tax documentation attached. Without prejudice to the right to verify compliance with the above, Nautinox will refund only the amount of the products covered by the withdrawal as soon as possible and within a maximum period of 30 days. If the returned item is not in conformity with the provisions of the preceding paragraph, the withdrawal will not be effective.
ARTICLE 8 – Warranty and Liability
All products by Nautinox are covered with the legal guarantee of 24 months for conformity defect, in accordance with the current Italian legislation. To qualify for the warranty, the customer will keep the invoice received after the order is shipped. During the warranty period products that are replaced become a property of the manufacturer.
Only the original purchaser may benefit from the guarantee. Nautinox responsibility for warranty expires when the original owner sells the property of the product or modifies the product.
The warranty does not cover damage caused by excessive stress such as the use of the product after the finding of an anomaly, the use of inadequate working methods and the failure to follow the operating instructions.
The manufacturer assumes no responsibility for any difficulties which may arise during resale or the use abroad due to the provisions in force in the Country where the product was resold.
Defective product must be delivered to Nautinox for replacement, otherwise the replaced part will be charged to the Customer.
Nautinox does not assume any responsibility for problems caused by Accidents, Acts of God, lightning, fire, public disturbances or any cause beyond the control of Nautinox, even when depending on malfunction or disruption of Internet services(in case Nautinox is unable to confirm the order within the time stipulated in the contract).
ARTICLE 9- Disclaimer
The Customer indemnifies Nautinox against all claims by third parties instituted against Nautinox for violating their rights or these GTCs, the shop regulations or laws governing the use of nautinox.it The Customer agrees to bear the costs of the necessary legal defence, including any court costs and solicitor’s fees, as incurred. This does not apply if the Customer cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The Customer is obliged to provide Nautinox with all information that may be required to verify the claims and to defend the case – immediately, truthfully and completely – in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.
ARTICLE 10 – Delivery
The products will be delivered to the customer using the method chosen on the website www.nautinox.it at the moment of the Order. Nautinox will ensure the delivery of goods in the final object of the order within the time specified in the order confirmation.
2. For deliveries, Nautinox will use a carrier of its choice. Products travel at the sole risk of the Customer, even when withdrawal is authorized, and are always supplied ex works. Delivery shall be deemed to have occurred, without exception, with the delivery of the Products to the carrier, which will always be considered auxiliary chosen by the Customer even if chosen by Nautinox. All the risks for damage, deterioration and anything else of the Products are borne by the customer upon delivery or notice of delivery, when the Customer arranges for it by its own means. Any request, claim and / or action related to the carriage must be brought by the Customer against the carrier. Any damage suffered by the Products or their loss, as well as their eventual destruction, does not release the customer from the payment of the agreed price.
3. The terms of the products delivery are only those mentioned in the order confirmation and, unless expressly agreed otherwise, shall be intended as merely indicative and not binding for Nautinox. In case of delay of more than 5 weeks to the time specified, the Customer may terminate the Contract by written notice to Nautinox with a notice of at least 10 days. In this case, the Customer cannot claim any compensation, in any way, by Nautinox.
4. For each order placed, Nautinox will issue an invoice based on the information provided by the Customer during the purchase process. After the issuance of the invoice, no change can be made on the data there reported.
ARTICLE 11 – Access to the website
You can become a member of Nautinox.it, which conducts sales campaigns on items for members. You do not need to be a member to visit Nautinox’ websites. A user must be a member to purchase products. A user must register to become a member. You will receive personal information about sales campaigns via Nautinox’s e-mail service, provided that you have agreed to receive these e-mails. The integrity of the elements of this web site, whether audible or visual, and related technology used, remain the property of Nautinox and are protected by intellectual property rights.
ARTICLE 13 – Applicable Law and Jurisdiction
1. These GTCs are written in Italian and English. The GTCs and the individual contracts will be governed by the Italian law and, therefore, interpreted and executed in accordance with its terms. The application of the Vienna Convention 1980 and any other agreement and / or international convention are expressly excluded on the International Sale of Goods (CISG).
2. In case of contracts concluded with Operators or with consumers resident in non-EU countries, the Court of the place where Nautinox has its registered office will have exclusive jurisdiction to settle any dispute arising from or connected with the GTCs and / or the individual contracts.
ARTICLE 14 – Copyright and Rights of use
The laws governing databases, copyright and trademarks protect the content provided by Nautinox.
Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
The version in Italian language of this general conditions prevails on possible versions wrote in other languages.