Index
1. Definitions
2. Object
3. Conclusion of the Sale and Purchase Agreements
4. Availability of Products
5. Price and shipping costs
6. How to send Orders
7. Method of payment
8. Shipping and delivery of the Products
9. Right of withdrawal
10. Vices / non-conformity of the Products
11. Product responsibility
12. Privacy
13. Errors and / or inaccuracies in the Online Store
14. Intellectual Property
15. Applicable law
16. Contacts
Definitions
The terms and phrases listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa.
● Customer: means any subject (natural or legal person) who purchases one or more Products through the Online Store, accepting the General Conditions.
● Design by water: means Mariner Rubinetterie srl with registered office in SS 33 del Sempione, 28883, VAT number: IT01377080039 Gravellona Toce, ITALY online store of Mariner Rubinetterie srl for the retail sale of products.
● Parts: means jointly Design by water and Customers.
● General Conditions: means the present general conditions of sale and any future new versions that may be published in the On-Line Shop by Design by water.
● On-Line Shop: means the virtual shop, managed by Mariner Rubinetterie and accessible through the URL http: // design by water.com, through which it is possible to purchase the Products.
● Sale and Purchase Agreements: means the purchase and sale contracts of the Products concluded, pursuant to art. 3., between Design by water by Mariner Rubinetterie and Customers through the Online Store.
● Orders: means the purchase orders of the Products sent by the Customers, in accordance with the General Conditions and following the procedure set out in art. 6.
● Order Confirmation: means the e-mail message through which Design by water communicates to the Customers the acceptance of the Orders.
● Price: means the sale price of the Products as indicated in the Online Store in correspondence with the Products themselves.
● Products: means the products published in the Online Store for the purpose of their sale.
● Profile: means the area of the On-Line Shop where customers can, after authentication: (i) view and modify their personal data and addresses where the Products subject to the Orders must be shipped and delivered; (ii) view the previous Orders; (iii) access any other specific function relating to their activity in the Online Store
Object
2.1 The General Conditions govern all the Sale and Purchase Agreements and constitute an integral part thereof.
2.2 Design by water reserves the right to modify the General Conditions at any time, without prejudice to the fact that those published in the On-Line Shop will be deemed applicable to the Sale and Purchase Contracts at the time the Orders are sent by the Customers.
2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the On-Line Shop, the most favorable terms and conditions for Customers will apply.
Conclusion of the Sale and Purchase Agreements
3.1 Design by water undertakes to send Customers an Order Confirmation within 2 working days from receipt of Orders
3.2 The Sale and Purchase Agreements are concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the period indicated in art. 3.1, the related Order must be considered rejected by Design by water and, therefore, without effect.
3.3 By sending the Orders, the Customers declare that they have read all the instructions regarding the method of purchasing the Products as per art. 6 and to have fully accepted the General Conditions and to have read all the additional information contained in the On-Line Shop, also referred to through links.
3.4 The Orders will be filed in the database of the On-Line Shop, according to the procedures and in compliance with the provisions of Legislative Decree no. 30.06.2003 n. 196 ("Privacy") and will be accessible by contacting Design by water to the references referred to in art. 16 or accessing the Profile.
Availability of Products
4.1 Check during the purchase phase the delivery or production time indicated on the product sheet
4.2 The type of Products published in the On-Line Shop and their availability may vary at any time without this implying any responsibility for Design by Water towards Customers.
4.3 In case of unavailability of a Product indicated as available at the time of sending the Order by a Customer, Design by water, without prejudice to the provisions of art. 3.2, agrees to indicate to such Client, in a subsequent communication by e-mail, the times provided for a new availability of the Product / s object of the Order sent by the Customer or to proceed with the refund of the unavailable Product.
4.4 Design by water reserves the right not to indicate the availability of some products published in the On-Line Shop.
Price and shipping costs; taxes and duties
5.1 The applicable price is the one published in the On-Line Shop at the time the Orders are sent by the Customers.
5.2 The Price is inclusive of VAT (22% if the Products are shipped from Design by water and delivered within the European Union. If the Products are shipped from Design by water and delivered outside the European Union, the Price is intended VAT not included.)
5.3 The price includes shipping costs. For organizational reasons of Design by water the delivery of an order including several products could take place with separate shipments.
5.4 Any taxes, duties, and other charges provided for by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the appointed courier for delivery.
How to send Orders
6.1 In order to proceed with the sending of Orders, Customers are required to register in the Online Store by entering all the "mandatory" data and choosing a password to send the Orders and to access, even at a later time, their Profile.
6.2 Customers can purchase the Products by selecting them in the On-Line Shop section dedicated to the type of product they are looking for and inserting them in the "shopping cart". If the Products that Customers wish to purchase are more than one, the same procedure above must be repeated. Once the Products have been chosen, Customers must, if they have not already done so, proceed with the registration as per art. 6.1 or, if already registered, they must authenticate by entering the e-mail address and password in the spaces provided and click on "checkout". Having verified the correctness of the data relating to the chosen Product (s) and the "sending information", Customers must choose the payment method pursuant to art. 7. Choosing the payment method, Customers can proceed with the sending of Orders by clicking on "proceed to purchase".
7. Method of payment
7.1 Customers can pay the price and the contribution for the shipping costs referred to in art. 5 by credit card, PayPal, bank transfer or other means of payment that may be indicated by Design by water in the Online Store. Design by water reserves the right to change, at any time, the means of payment that can be used by the Clients, provided that the ones published in the On Line store can be used at the time the Orders are sent by the Customers.
7.2 In case of payment by credit card, the charge to the Customers of the Price takes place, verified the data of the credit card and received the debit authorization by the company issuing the credit card used by the Customers, at the same time submission by Design by water of the Order Confirmation. The data of the credit cards sent during the execution of the Orders are protected and are sent directly to the banking company that manages the payments. Payment is made directly on secure server, with SSL encryption key in order to guarantee the absolute security of the transaction. The credit card details are not accessible by Design by water or third parties, neither at the time the Orders are sent nor afterwards.
7.3 In case of payment by bank transfer, Customers must transfer to the bank details indicated in the Online Store, indicating in the reason for the order number (including the initial letters) communicated by Design by water at the time of sending of the Order by the Customers and in the Order Confirmation.
7.4 In case of payment via PayPal, when the Customer sends the Orders, the Web session will be transferred to PayPal's secure website. On this website, Customers can complete the payment of the Price using their PayPal account and according to the conditions of use of the PayPal service subscribed by Customers at that time or previously. The payment of the Price on the PayPal account takes place simultaneously with the sending by Design by Water of the Order Confirmation.
7.5 If requested by the Customers at the time of sending the Orders, Design by water will send the Customer an invoice, by e-mail or post. For the purpose of issuing the invoice, the information provided by the Customers shall prevail. No change of the invoice will be possible after its issue by Design by water.
7.6 The information received from Design by water pursuant to this article 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in case of exercise of the right of withdrawal pursuant to art. 9. from the Customers
8. Shipping and delivery of the Products
8.1 Given that for "shipment" of the Products by Design by water means the delivery of the same to the couriers from time to time selected in accordance with art. 8.2, Design by water is not required to produce and consign the Products until it has received payment of the Price; Design by water once the payment of the price has been received, it undertakes to realize the articles respecting the delivery times indicated in the product sheet
8.2 Guarantees the shipment of Products, in the States indicated in the On-Line Shop, by express couriers selected from time to time depending on the Product object of the Order and the place of destination. The Products are shipped from Design by water, and delivered by the courier selected by Design by water, at the address indicated by the Customers at the time of registration as per art. 6.1 or at a different address indicated at the time the Order was sent.
8.3 Design by water undertakes to do everything in its ability to ensure that the Products shipped pursuant to articles. 8.1 and 8.2 are delivered by the selected couriers:
- in Italy within 48 hours from the date of shipment;
- outside Italy within 10 days from the date of shipment
8.4 The delivery terms pursuant to art. 8.3, can not, in any case, be considered binding and Design by water, not being able to directly control the deliveries of the products after their shipment, can not be held responsible in any way for their non-compliance.
8.5 In order to allow customers to follow the status of Orders, Design by water generates an Order number which, inserted in the "My orders" section - accessible from all the pages of the Online Store - allows you to check all the information relating to Orders.
8.6 Customers can also check the status of Orders thanks to the online "Order Tracking" function provided by the courier chosen by Design by water for delivery. This verification can be carried out by the Customers only after the shipment of the Products and using the data for the tracking communicated by Design by water by e-mail or by accessing the Profile.
8.7 The Customers, or other subjects appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:
(i) the Products correspond to what indicated in the courier's transport document (DDT) both by number and by type;
(ii) the packaging of the Products is intact, undamaged, or wet or otherwise altered, even in the closing materials.
8.8 Any damage to the packaging of the Products must be immediately disputed by the Customers by affixing a written control reserve to the proof of successful delivery of the courier. It is understood that, once the courier's document has been signed without any objection, Customers can no longer raise any objection to Design by Water with reference to the external characteristics of the goods delivered.
8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them; the subject to whom the Products are delivered must sign a signature to certify the delivery. Couriers do not make deliveries to post office boxes or by placing the Products in postboxes or other similar places.
9. Right of withdrawal
9.1 If the Customers are "consumers" (ie a natural person acting for purposes unrelated to business, commercial, craft or professional activity), Customers are entitled, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 30 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The Right of withdrawal must be exercised by the Customers by sending a written communication to Design by water, by e-mail to the address referred to in art. 16., containing:
(i) the manifestation of intention to exercise the right of withdrawal;
(ii) the indication of the Order which gave rise to the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In case of exercise by customers of the right of withdrawal referred to in this art. 9 .:
(i) Clients undertake to return the Products within 10 working days from the date of the communication of withdrawal as per art. 9.1;
(ii) all costs related to the return of the Products are entirely borne by the Customers;
(iii) Design by water undertakes to reimburse the price in the shortest possible time, and in any case within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging of the Products is also returned and the same is intact;
- any accessories, instruction manuals, etc. are also returned, and they are intact;
- the Products have not been used;
(iv) Design by water will inform Clients of the methods for reimbursement of the Price and may, to this end, request customers their bank details (IBAN and holder of the c / c).
9.3 If Customers exercise their right of withdrawal in a way that does not comply with the terms and conditions set forth in this article 9, Customers are not entitled to a refund of the Price
10.1 If the Products show a warranty recognized by the manufacturer of the same (commercial / conventional warranty), any faults / defects of the Products must be reported by the Customers directly to the manufacturer according to the terms and conditions indicated in the warranty.
10.2 Customers "consumers" (as defined in article 9.1) can ask the seller, within the term referred to in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided by the Consumer Code for defects in conformity of the existing Products at the time of delivery of the goods.
10.3 We remind you that for custom-made and / or customized products, it is not possible to exercise the right of withdrawal.
11. Product responsibility
The producer of the Products is the responsible subject
for any damage caused by defects in the Products themselves
12. Privacy
Design by water declares and guarantees that the Customer's personal data will be processed in compliance with the provisions of Legislative Decree 196/03, as amended. The details relating to the methods of data processing are communicated to Customers at the time of registration as per art. 6.1 or 6.2.
13. Errors and / or inaccuracies in the Online Store
13.1 Design by water undertakes to constantly check the Online Store in order to avoid errors or inaccuracies. However, it is possible that the Online Store contains, or may contain, errors, inaccuracies or omissions.
13.2 Design by water reserves the right to correct errors, inaccuracies or omissions contained in the Online Store even after an Order has been sent and also reserves the right to change or update information at any time without prior notice to Customers
14. Intellectual Property
All intellectual property rights connected to the On-Line Shop (including contents) are the exclusive property of Design by water by Mariner Rubinetterie srl; The Online Store and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked and used for any purpose without the prior written consent of Design by water
15. Applicable law
15.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which, pursuant to articles 50 to 67, regulates distance contracts) and by Legislative Decree 70 of 09 / 04/2003 in the field of electronic commerce) and in the light of this must be interpreted.
15.2 For any controversy that may arise in connection with the General Conditions and / or the Sale and Purchase Agreements, the Verbania Court will have exclusive jurisdiction
16. Contacts
For further information and assistance on the Online Store or on how to purchase on the Online Store or on the Sale and Purchase Agreements, Customers can contact Design by water by Mariner Rubinetterie srl through our customer service.
