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GENERAL CONDITIONS OF SALE
The offer and sale of products on our website ("www.scubaone.it") are governed by these General Conditions of Sale. The products purchased on the website are sold directly by SCUBA ONE ("the Seller"), an individual company with registered office in Italy, via Andrea Costa, 9 - Alezio (LE), Registr. Reg. Imp., CF and VAT no. 04260210753. You can request any information through our assistance services by contacting the company via the assistance page or by emailing info@scubaone.it. You will find information about orders and shipments, refunds and the return of products purchased on www.scubaone.it.
1. Our trade policy
1.1
The Seller offers for sale, on the website www.scubaone.it, the products and carries out its e-commerce activity exclusively towards its end users who have reached the age of majority and who are "consumers".
1.2
When we speak of "consumer" we refer to any natural person who acts on the website for purposes not related to his own commercial, entrepreneurial or professional activity, possibly carried out. If you are not a "consumer", please refrain from concluding commercial transactions on www.scubaone.it
1.3
In consideration of its commercial policy, the Seller reserves the right not to process orders from subjects other than the "consumer" or in any case to orders that do not comply with its commercial policy, such as, for example, orders for which is a report, or suspicion, of fraudulent or illegal activity. In such cases, the order sent by the user must be considered invalid and ineffective and the Seller will notify the user that the contract has not been concluded.
1.4
These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products on Www.scubaone.it between users of Www.scubaone.it and the Seller.
2. Information aimed at concluding the contract with the Seller pursuant to Legislative Decree 9 April 2003, n. 70
2.1
To conclude the purchase contract for one or more products on www.scubaone.it, you will need to fill in the order form in electronic format and send it to the Seller, electronically, following the relative instructions.
2.2
Before proceeding with the purchase of the products, by sending the order form, we remind you to carefully read the General Conditions of Sale and the Information on the Right of Withdrawal , to print a copy using the print command and to memorize or reproduce a copy for your personal use. In compliance with article 51, paragraph 7, of the Legislative Decree 6 September 2005, n. 206 (the "Consumer Code"), before proceeding with the purchase of the products, by sending the order form, we will provide you with a summary of the commercial and contractual conditions that we propose for the purchase of the products and a summary of the information on the essential characteristics of each product ordered with the relative price (including all applicable taxes or duties), the means of payment that you can use to purchase each product, the delivery methods of the purchased products and a summary of information on the essential characteristics of each product ordered with the relative price (including all applicable taxes or duties), the means of payment that you can use to purchase each product, the methods of delivery of the products purchased, the shipping and delivery costs; as well as the references, the geographical address and the contact methods of the Seller and the date by which the Seller undertakes to deliver the goods. The Seller will also provide you with a summary of the conditions and methods for exercising your right of withdrawal. If applicable to the purchase, you will be informed that, in case of withdrawal, you will have to bear the cost of returning the products. In any case, you will be reminded of the existence of the legal guarantee of conformity of the products.
2.3
On the order confirmation page, displayed immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of each product ordered, the price (including all applicable taxes or duties) and shipping costs. . The contract is concluded when the Seller receives your order form electronically, after verifying the correctness of the data relating to your order.
2.4
At the time of transmission of the order form you will be warned that such forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order form, you will also be asked to identify and correct any data entry errors.
2.5
The order form sent to the Seller will be filed in our database for the period of time necessary to process the orders and in any case in accordance with the law.
2.6
The language available to conclude the contract with the Seller is Italian.
2.7
Once the contract is concluded, the Seller will process your purchase order.
2.8
The Seller may not process your purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not carried out your purchase order, specifying the reasons. If the products, presented on www.scubaone.it, are no longer available or on sale at the time of receipt or fulfillment of your purchase order, it will be the Seller's responsibility to notify you promptly and in any case within thirty (30) days from from the day following that on which you have sent your order to the Seller, any unavailability of the products ordered. If you have already paid the price for the products ordered, the Seller will refund, without undue delay, what you have already paid and the sales contract will be considered terminated.
The Seller also reserves the right not to process purchase orders in the cases referred to in paragraph 1.3 above.
2.9
We remind you that, with the electronic transmission of the order form, you unconditionally accept and undertake to observe, in relations with the Seller, these General Conditions of Sale. If you do not agree with some of the terms set out in the General Conditions of Sale, please do not submit the order form for the purchase of products on www.scubaone.it
2.10
By submitting the order form, you confirm that you also know and accept the additional information contained in www.scubaone.it, also referred to via links, including the General Conditions of Use , the Privacy Policy and the Information on the Right of Withdrawal .
2.11
Once the contract is concluded, the Seller will send you, by e-mail, a receipt of the purchase order, containing the General Conditions of Sale and the summary document on the Right of Withdrawal and therefore, information already contained in the summary of the commercial and contractual conditions displayed before purchasing.
3. Guarantees and indication of product prices
3.1
On Www.scubaone.it only SCUBA ONE products are offered for sale and purchased directly from the Seller at SCUBA ONE.
3.2
The Seller does not sell second-hand products, flawed products or products of lower quality than the corresponding standards offered on the market.
3.3
The essential characteristics of the products are presented on Www.scubaone.it within each product sheet. The images and colors of the products offered for sale on Www.scubaone.it may however not correspond to the real ones due to the Internet browser and monitor used.
3.4
Product prices may be subject to updates. Make sure of the final sale price before submitting the relevant order form.
If during the product selection procedure I find that the price of one or more of the products you intend to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to a technical problem on the website, please do not complete your purchase order and report the aforementioned technical error to Customer Service
In any case, in the event that you have completed your purchase order despite a recognizable error in the indication - by the Seller - of the price of a product or in the calculation of the amount requested in payment, the Seller will cancel your order, by sending you a communication in this regard via e-mail, to the e-mail address indicated by you when transmitting the order and (ii) will refund you the price paid in relation to the canceled order, including shipping costs , without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method you used for the initial transaction.
3.5
Purchase requests from countries not included among those displayed on the splash page will not be accepted by the Seller.
3.7
All products sold are covered by the legal guarantee of twenty-four (24) months for lack of conformity, in accordance with applicable law. Seller applies an extra thirty-six (36) months warranty for coverage of sixty (60) months in total. The lack of conformity of the product must be communicated to the Seller within two (2) months of its discovery. The lack of conformity can be communicated to the Seller by contacting Customer Service. In the event of a lack of conformity, you have the right to request the repair or replacement of the product. In the event that the aforementioned remedies are not possible or excessively burdensome, you will be entitled to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the Consumer Code.
4. Payments
4.1
To pay the price of the products and the relative shipping and delivery costs, you can follow one of the methods indicated in the order form. In no case will you be charged costs higher than those actually incurred by the Seller, in relation to the payment instrument you have chosen.
4.2
In case of payment by credit card, the financial information (for example, the number of the credit / debit card or the date of its expiry) will be forwarded, via encrypted protocol, to Banca Sella or to other banks, which provide the relative remote electronic payment services, without third parties having access to them in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the related refunds in the event of any product returns, following the exercise of your right of withdrawal, or if it becomes necessary. prevent or report to the police the commission of fraud on www.scubaone.it. The price for the purchase of the products and the shipping costs, as indicated in the order form, will be charged to your current account at the time of shipment of the purchased products.
5. Shipping and delivery of products
5.1
You can choose to receive the products you have purchased at an address of your choice
5.2
To find out about the specific shipping and delivery methods of the products, visit the "Shipping" page of the website. Please pay attention to what is reported in this section because the indications contained therein form an integral and substantial part of these General Conditions of Sale and, therefore, are deemed to be fully known and accepted by you at the time of transmission of the order form.
5.3
The seller is not responsible for any delays in delivery attributable to causes external to him.
6. Customer Support
6.1
You can request any information by contacting our assistance service, available through the dedicated page on the website or directly by email: info@scubaone.it
7. Right of withdrawal
7.1
In compliance with art. 52 of the Consumer Code, you have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days from the day of receipt of the products purchased on Www.scubaone.it
7.2
In compliance with art. 54 of the Consumer Code, you can withdraw from the contract concluded with the Seller using, at your choice, one of the following methods:
a) transmission by email (info@scubaone.it) to the Seller of the Return Form found in the Right of withdrawal area, completed in full; in this case, the Seller will send you confirmation by email of the receipt of the declaration of withdrawal;
b) sending by registered mail to the Seller another explicit declaration of your decision to withdraw from the contract;
In case b) your declaration must be sent to the attention of the Customer Service at the registered office of SCUBA ONE, via Andrea Costa, 9 - Alezio (LE), Italy. It is understood that, in such cases, the burden of proving the correct and timely exercise of the right of withdrawal will be borne by you.
7.3
In compliance with art. 57 of the Consumer Code, once the withdrawal from the contract has been exercised, you will have to return the products to the Seller by delivering them to the courier for shipment within fourteen (14) days from when you notified the Seller of your decision to withdraw from the contract.
7.4
The only expenses at your expense are those for returning the purchased products.
7.5
The right of withdrawal - in addition to compliance with the terms and methods described in paragraphs 7.1, 7.2, 7.3 and 7.4 above - is understood to be exercised correctly if the following conditions are also fully met:
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Except as provided in the following point 7.8, the Return Form sent directly online through Www.scubaone.it or other explicit declaration of your decision to withdraw from the contract must be correctly filled in and sent to the Sellers within fourteen (14) days of receipt of the products. ;
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the products must not have been used, worn, washed;
-
the products must be returned in their original packaging;
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the returned products must be delivered to the shipper within fourteen (14) days from when you notified the Seller of your decision to withdraw from the contract or, in the case referred to in point 7.8 below, they must be delivered to the store within fourteen (14 ) days from the date of receipt of the products themselves;
-
the products must not be damaged.
Pursuant to art. 59 of the Consumer Code, the right of withdrawal is also excluded if you have purchased tailor-made or customized products.
The Seller will in fact verify the compliance of the products with the conditions and terms indicated in paragraph 7.7 as soon as it has received the products at its warehouses and will inform you via e-mail in case of acceptance of the return.
7.6
If the right of withdrawal is exercised following the methods and terms indicated above, the Seller will send you, via e-mail, the relative confirmation of acceptance of the products thus returned and to reimburse any sums already collected for the purchase of the products. according to the terms and conditions provided.
7.7
The sums will be refunded to you as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, we will activate the refund procedures once verified the correct execution of the terms and conditions indicated above.
7.8
If the procedures and terms for exercising your right of withdrawal are not respected, referred to in numbers 1), 4), of the previous paragraph 7.7 or in the hypothesis referred to in art. 59 of the Consumer Code, you will not be entitled to a refund of the sums already paid to the Seller. The Seller will notify you by email of the non-acceptance of your return. Within 14 days of receiving the Seller's email, you can choose to get back, at your expense, the products in the state in which they were returned to the Seller, notifying the Seller, according to the methods that will be communicated to you. Otherwise, the Seller may keep the products, in addition to the sums already paid for their purchase.
If, on the other hand, the Seller's checks show that the conditions referred to in numbers 2), 3), 5) of paragraph 7.5 above are not respected, you will not be entitled to a full refund of the sums already paid to the Seller. In compliance with art. 57, paragraph 2, of the Consumer Code, you will, in fact, be responsible for the decrease in value of the returned products, resulting from a use other than that necessary in order to allow you to ascertain the nature, characteristics and functioning of the products themselves. In this case, a percentage equal to the estimated decrease in value of the products and in any case between 10 and 90 percent of the sums paid by you to the Seller for the purchase of the returned products will be deducted from the refund, according to what will be specifically communicated to you. , by e-mail, from the Seller. Within 14 days of sending the email with which you will be notified of the amount deducted from the refund, you can choose to get back, at your expense, the products in the state in which they were returned to the Seller, notifying the Seller, according to the methods that will be communicated to you. Otherwise, the Seller may keep the products and an amount corresponding to the percentage deducted from the refund.
8. Times and methods of reimbursement
8.1
Whatever the payment method used by you, the refund due, in whole or in part, is activated by the Seller, as quickly as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal after verifying the correct execution of your right of withdrawal and checking the returned products.
8.2
The Seller reimburses using the same payment method used by you for the purchase of the returned products, unless you have expressly agreed with the Seller to use a different means of payment and on condition that you do not have to incur any costs. further as a consequence of the reimbursement. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be carried out by the Seller, in in any case, towards the person who made the payment.
11. Applicable law and dispute resolution
11.1
Without prejudice to the application of the mandatory rules of European derivation to protect the consumer, the General Conditions of Sale are governed by Italian law and in particular by the Consumer Code and by Legislative Decree 9 April 2003, n. 70 (“Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”).
11.2
For all disputes relating to purchase orders and / or these General Conditions of Sale, the Court of the place of domicile or residence of the consumer will be competent according to the applicable law or, at the choice of the consumer himself, the Court of Milan.
12. Modification and updating
The General Conditions of Sale are amended from time to time by the Seller also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on www.scubaone.it.
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