General Terms & Conditions Nuoto Mania Shop
Nuoto Store s.r.l.
Via Antonio Calderara 151, 00193, Rome, Italy
VAT identification number: 07612951009
Gian Maria D'Amici
Via Donatello 16, 00034, Colleferro, (Rome), Italy
VAT identification number: 11416841002
Tel: +39 3184.108.40.2069 Fax: +39 06.95.14.894
Indirizzo Telematico: www.nuotomaniashop.it
Between Gian Maria D'Amici and Nuoto Store s.r.l has a management agreement according to which all sales are made by Nuoto store s.r.l as reported on the tax receipts regularly included in each package.
Browsing and using the Nuoto Mania Shop.it website implies full acceptance of these general conditions. The user undertakes, by giving the widest indemnity to Gian Maria D'Amici, to use the website www.nuotomaniashop.it and any service given or contained therein, exclusively for lawful purposes and in compliance with all the conditions of use wherever specified on the site, any liability arising from any unlawful use and / or violation of any applicable legislation remains entirely with the user.
The present conditions of sale (hereinafter only "Conditions") govern the sale of products marketed by Nuotomanishop, hereinafter referred to as "seller".
The seller offers exclusively the sales service.
1.1 All contracts for the purchase of finished products, through the site "www.nuotomaniashop.it" and according to the procedures indicated therein, between the seller and the customer, will be governed by these Conditions.
1.2 The technical and functional characteristics of the products marketed by the seller are those provided by the respective manufacturer to whom the seller turns for the supply of the product.
1.3 The customer is responsible for the choice of the ordered products and for the correspondence and conformity to their needs.
1.4 The seller declines all responsibility in the event of typing errors, illustration errors, price changes and product specifications. In view of the particular rapidity of change of the online market, prices and availability may be subject to change without notice.
ARTICLE 2 - ACCEPTANCE OF SALES CONDITIONS
2.1 The contract stipulated between the seller and the customer is concluded with the acceptance, even if only partial, of the order by the seller, who reserves the right, at his sole discretion, to accept the order.
2.2 Acceptance is considered tacit, unless otherwise communicated by any means by the seller to the customer.
2.3 By placing an order in the various ways provided for in the following articles, the customer declares to have read all the information provided during the purchase procedure and to fully accept the general conditions and payment conditions shown below.
2.4 If the customer is a natural person who purchases the goods for purposes not related to his professional activity (so-called final consumer), once the online purchase procedure is completed, he will print or save an electronic copy and, in any case, keep the present general conditions of sale, in compliance with articles 3 and 4 of Legislative Decree n. 185/1999 containing the discipline on distance sales.
2.5 Any right of the customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance, even partial, of an order.
ARTICLE 3 - PURCHASE METHOD
3.1 The customer can only purchase the products present in the electronic catalog of the seller at the time the order is forwarded and can be viewed at the internet address "www.nuotomaniashop.it", as described in the relative information sheets. In the event that the chosen product is no longer available, it will not be possible to place the order.
3.2 The technical information included in the aforementioned site faithfully reproduces those of the manufacturers of the goods included in the catalog. The seller, therefore, reserves the right to modify the technical information of the products to adapt them to those provided by the manufacturers, without any prior notice.
3.3 The purchase order must be completed in its entirety and contain all the elements necessary for the correct identification of the products purchased.
3.4 Each order sent constitutes the client's contractual proposal and, therefore, is binding for the seller only if confirmed by acceptance.
3.5 Correct receipt of the order is confirmed by the seller via an e-mail reply, sent to the e-mail address communicated by the customer. This confirmation message will contain the order number, to be used in any further communication with the seller.
3.6 Unless otherwise indicated, the prices of the published products must be understood as including VAT. Prices are subject to updates without notice and are subject to stock availability.
3.7 As required by current legislation, sales made through e-commerce systems are regularized with registration in the consideration book. If the customer needs to issue an invoice, request it expressly in the comments of the order, entering the exact header, complete with VAT number, pec address and / or recipient code. In the case of a flat-rate scheme, indicate VAT number and refer to this scheme.
ARTICLE 4 - PAYMENT METHODS
4.1 The customer is given the opportunity to choose between the following payment methods:
Credit Card through PayPal service. In the case of purchase of goods with credit card payment methods, together with the conclusion of the online transaction, the reference bank will authorize the amount relating to the purchase made. The credit cards accepted are all those that rely on the PayPal circuit. At no time during the purchase procedure can the seller know information about the buyer's credit card, as they are entered directly on the website of the bank that manages the transaction (with very high security systems) and no computer archive of the seller contains , nor does it keep such data. In no case can the seller therefore be held responsible for any fraudulent or improper use of credit cards by third parties, when paying for products.
4.2 Shipping costs are charged to the customer and are explicitly highlighted at the time the order is placed. The payment of the goods by the customer will be made using the method chosen when ordering. No additional fees or commission is due to the seller.
4.3 Delivery costs are valid for the whole Italian territory.
4.4 The invoice must be requested, expressly, at the time of the order by email (at firstname.lastname@example.org) and / or by telephone (at the number 3220.127.116.119) and / or by completing the appropriate form in the check procedure -out.
ARTICLE 5 - DELIVERY METHODS
5.1 The seller accepts orders only with delivery in the territory of the Italian state.
5.2 The goods travel with packaging made directly by the seller or in boxes or cardboard packages closed with adhesive tape. In no case are other closing materials used.
5.3 On average the delivery times of the ordered goods vary from 1 to 15 working days (islands excluded) depending on the shipping method chosen; the same may undergo variations in the event of availability or not in the product's premises, on the client's particular requests, for reasons of force majeure, due to traffic conditions and road conditions in general or by act of the Authority.
5.4 No responsibility can be attributed to the seller in case of delay in the order or delivery of the ordered goods. Upon delivery of the goods by the courier, the customer is required to check:
- that the items ordered are all present in the packaging;
- that the packaging is intact, not damaged or, in any case, altered;
- that closing materials other than closure with our adhesive tape have not been used.
5.5 Any external damage or mismatch in the number of items ordered, or indications, must be immediately reported to the courier who makes the delivery, putting the wording "subject to withdrawal" on the special accompanying document and confirmed, within 8 (eight) days by registered mail with return receipt to the courier, whose address is explained in the accompanying document. In the specific case of damaged package write "subject to withdrawal because the package is damaged". The customer is required to promptly notify the seller by e-mail of the incident.
5.6 Once the courier's document has been signed, the customer will not be able to make any objection to the external characteristics of the delivered item.
5.8 For shipments in priority mail the customer assumes full responsibility for choosing the shipping method. In this case the seller cannot be considered in any way responsible for any delays in deliveries and / or failed deliveries of the product (s)
5.9 The customer accepts that shipments are made by Nuoto Mania Shop every weekday from Monday to Friday within 24H from the balance of the order. The customer accepts that all orders paid by 3:00 pm will be sent the next business day at 4:00 pm. The customer accepts that if his order is received after 3.00 pm the 24H will start at 4.00 pm the following day. Orders paid on Thursday after 3:00 pm, Friday, Saturday and Sunday will be sent on Monday at 4:00 pm. The Nuoto Mania Shop delivery commitment concerns the preparation of the package by 4.00 pm. From the exit of the package from our warehouse the competence and responsibility passes to the courier
5.10 Any report beyond the aforementioned terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what is declared.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1 Nuoto Mania Shop recognizes the right of withdrawal as required by current legislation (decree 21/2014). The deadline for making use of this right is 30 days from the date of receipt of the goods. The unsatisfied consumer can return the goods obtaining the replacement of the same or the reimbursement of the price paid with the sole exclusion of the transport costs (both for sending and for returning). This intention must be communicated by email or by following the appropriate procedure.
6.2 The right of withdrawal is subject to the following mandatory conditions:
- the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased;
- the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment);
- the asset subject to the right of withdrawal must be returned in normal condition, as it has been kept and possibly used with the use of normal diligence: therefore, used products that show signs of damage or dirt will not be accepted which consequently can no longer be considered intact;
- the shipping costs for returning the goods are charged to the customer and the shipment, until the certificate of receipt by the seller, is under the full responsibility of the customer;
- in the event of damage to the goods during transport, the seller will notify the customer of the incident within 5 (five) working days from receipt of the goods, in order to allow him to file a timely complaint against the courier. In this case the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
- the seller is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
6.3 Without prejudice to any repair costs for damage to the original packaging, the seller will reimburse the customer the full amount already paid, in the shortest possible time and in any case within 30 days from the date of receipt of the withdrawal notice, upon receipt of the goods subject to withdrawal, by transfer of the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain reimbursement (IBAN code of the invoice holder).
6.4 The right of withdrawal is lost for lack of the essential condition of integrity of the goods (packaging and / or its content), in cases where the seller ascertains:
- the lack of external packaging and / or original internal packaging including labels;
- the absence of integral elements of the product or anomalies to the product itself;
- damage to the product for reasons other than transportation;
- a state of dirtiness of the product due to its use, which has compromised its integrity;
- for costumes, competition costumes and / or wetsuits recesses or size changes will not be accepted if the costume has been tried in the water and in the event that all the labels are not regularly attached.
6.6 In the event of forfeiture of the right of withdrawal, the seller will return the purchased good to the sender, charging the shipping costs to the sender.
6.7 The right of withdrawal is provided for by law only for distance purchases, where the consumer has not been able to have the availability of the good, see it and consider its characteristics. Purchases made by Companies, Companies, Entrepreneurs, Freelancers and all VAT holders are therefore excluded from the right of withdrawal.
ARTICLE 7 - TAX RECEIPT OR INVOICE
Each shipment is accompanied by a delivery note and receipt (or receipt). If you wish to receive the invoice in place of the receipt (or receipt), it must be requested at the time of the order with a message indicating all the data including the VAT number. In no case will invoices be issued subsequent to the shipment of the material. NOTE: Without this data we will not be able to issue an invoice.
ARTICLE 8 - GUARANTEES
8.1 All new products of Italian origin marketed by the seller are covered by the manufacturer's standard warranty and 24-month warranty for lack of conformity, pursuant to Legislative Decree n. 24/2002.
8.2 The manufacturer's standard warranty is provided in the manner described in the documentation included in the product packaging.
8.3 The 24-month guarantee provided by Legislative Decree n. 24/2002 applies to products that present a lack of conformity, provided that the same is used correctly, in accordance with its intended use and as provided in the attached technical documentation. This guarantee is reserved only for the private consumer (natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating in the order form a reference to VAT number). In the event of a lack of conformity, the seller will, at no cost to the customer, restore the conformity of the product by repairing / replacing or reducing the price, up to the termination of the contract. If, as a result of an intervention by an Authorized Service Center, there should not be a lack of conformity pursuant to the aforementioned legislative decree, the customer will be charged for any costs of verification and recovery required by the Authorized Assistance, as well as transport costs if supported by the seller.
8.4 In the event that, for any reason, the seller is unable to replace a product under warranty, he may proceed, subject to the customer's consent, to replace the product (if still on the price list) or with another of the same characteristics and value or, finally, the issue of a discount voucher of the same amount that can be spent on another product valid for 6 months from the time of issue.
8.5 No damage can be requested to the seller for any delays in making replacement products under warranty.
8.6 In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).
8.7 Without prejudice to the hypothesis of willful misconduct or gross negligence of the seller, it is agreed that if the total responsibility of the same towards the customer is ascertained - including the case of total or partial non-fulfillment of the obligations assumed due to the execution of an order - the seller's responsibility cannot exceed the value of the products purchased by the customer.
ARTICLE 9 - SIZE CONSULTING
9.1 The size advice service (advice on the size to be purchased for a particular item) is in no way binding on the customer. This service is completely objective based on the tables provided by the producers and on the experience of live sales in the store. Nuoto Mania Shop and Nuoto Store srl do not assume any responsibility in case of wrong size. It is therefore understood that the responsibility for the final choice of size is always the customer's.
ARTICLE 10 - PROCESSING OF PERSONAL DATA
10.1 The information on the processing of personal data pursuant to art. 13 of the Legislative Decree n. 196 of 30 June 2003 is reported in the appropriate page called Privacy (https://www.nuotomaniashop.it/nuotostore/content/2-privacy-nuotomaniashop)
ARTICLE 11 - COMPLAINTS
ARTICLE 12 - JURISDICTION AND JURISDICTION
12.1 The sales contract between the customer and the seller is concluded in Italy and regulated by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is exclusively that of the Court of Velletri (Rome).
ARTICLE 13 - MODIFICATION OF TERMS OF SALE
13.1 The conditions contained in this document may be modified unilaterally by the seller without any notice and will be valid from the date of publication on its website "www.nuotomaniashop.it".
ARTICLE 14 - REFERENCE
14.1 For all matters not expressly provided for in these terms and conditions of sale, reference should be made to the provisions of the Italian Civil Code and to the legislation on distance selling and in any case to current national regulations and local uses.