The offer and sale of products made on the website theingloriousmariner.com (hereinafter the Site) are governed by these General Conditions of Sale.
The Customer is required, before submitting their purchase order, to carefully read these general conditions of sale.
The forwarding of the purchase order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and of what is indicated in the Order Form.
Once the online purchase procedure has been completed, the Customer is required to print and keep these general conditions of sale and the related order form, which have already been viewed and accepted.
1.1 These General Conditions of Sale have as their object the sale of products made online through an e-commerce service on the site https://theingloriousmariner.com (hereinafter the Site).
1.2 The products sold on the site can be purchased and delivered only in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will be automatically rejected during the order processing procedure.
2.1 The products are sold directly by Delta BKB Srl, VAT number 02515250369 (hereinafter Delta BKB or Seller). For any information request, the Seller can be contacted by email at the following address: firstname.lastname@example.org
2.2 These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on the site and do not, on the other hand, govern the provision of services or the sale of products by parties other than the Seller. that are present on the site through links, banners or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we suggest checking their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.4 The product offers on the site are aimed at adult customers. If the Customer is under the age of 18, in order to purchase on the site, he must first have the consent of one of his parents or a legal guardian. By placing an order through this Site, the Customer guarantees that he is on legal age (18 years) and that he has the legal capacity to enter into binding contracts.
2.5 The Customer is prohibited from entering false and / or invented and / or fictional names in the online ordering procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
2.6 Furthermore, by accepting these Conditions of Sale, the Customer exempts the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer at the time of placing the order online, being the Customer himself is solely responsible for their correct insertion.
3. Selling through an electronic commerce service
3.1 By online sales contract we mean the distance contract concerning the sale of movable goods (hereinafter Products) stipulated between the Customer and Delta BKB Srl, as Seller, in the context of an organized e-commerce service by the Seller who, for this purpose, uses remote communication technology called Internet.
3.2 To conclude the purchase contract for one or more Products, the Customer must fill out the order form in electronic format (henceforth Order) and send it to the Seller via Internet following the relevant instructions.
3.3 The Order contains:
– a reference to these General Conditions of Sale, containing the methods and times for returning the purchased Products and the conditions for exercising the right of withdrawal by the Customer;
– informations and / or images of each Product and its price;
– the type of payment that the Customer can use;
– the methods of delivery of the Products purchased and the relative shipping and delivery costs;
3.4 Although Delta BKB Srl constantly adopts measures to ensure that the photographs shown on the site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the characteristics techniques and color resolution characteristics of the computer used by the Customer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the site if due to the aforementioned technical reasons, since these representations are merely illustrative.
3.5 Before concluding the contract, the Customer will be asked to confirm that they have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives the Order Form via Internet from the Customer, after verifying the correctness of the data relating to the order.
3.7 The language available to conclude the contract with the Seller is the one chosen by the Customer, in any case the applicable law is the Italian one.
3.8 Once the contract is concluded, the Seller will take over the Customer’s Order for its delivery.
4. Order delivery.
4.1 By submitting the Order via Internet, the Customer unconditionally accepts and undertakes to observe these General Conditions of Sale in relations with the Seller.
4.2 Once the contract is concluded, the Seller will send the Customer, by e-mail, an Order Confirmation, containing a summary of the informations already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 Without prejudice to the possibility for the Seller, before sending the Order Confirmation, to request by e-mail or by telephone from the indicated Customer, further information with reference to the Order to be sent via Internet.
4.4 The Seller may not process the Customer’s 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, the Seller will inform the Customer by e-mail that the contract is not concluded and that the Seller has not followed up the Customer’s Order, specifying the reasons. In this case, the sum previously committed on the Customer’s account will be released.
4.5 If the products presented on the site are no longer available or on sale after sending the Order, it will be the Seller’s responsibility to notify the Customer promptly and in any case within thirty (30) ‘working days starting from the following day to the one in which he has sent his order to the Seller, the possible unavailability of the Products ordered. In this case, the sum previously charged to the Customer’s account of payment will be refunded.
4.6 Each sale made by the Seller through the online sales service may concern one or more products, with no quantity limit for each item.
4.7 The Seller reserves the right to refuse orders from a Customer with whom there is a legal dispute relating to a previous order. This applies equally to all cases in which the Seller deems the Customer unsuitable, including, by way of example, the case of previous violations of contract conditions for online purchases on the site or for any other legitimate reason, especially if the Client has been involved in any kind of fraudulent activity.
5. Sales prices
5.1 Unless otherwise indicated in writing, all Product prices and shipping and delivery costs indicated on the site and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated on the Site at the time the Order is sent over Internet. Product prices and shipping and delivery costs may vary without prior notice. The Customer must therefore ascertain the final sale price before forwarding the relative Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the site and in the Order, unless otherwise specified, are to be considered not inclusive of any costs related to customs duties and related taxes if the shipment takes place in non-EU countries or in countries where current legislation provides for import charges.
5.3 These costs are therefore charged to the Customer and must be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.
6. Methods of payment
To pay the price of the Products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form of the site which are summarized below.
6.1 Payment by credit cards and prepaid cards.
6.1.1 For online orders on the site, the Seller accepts both credit card and prepaid card payments (as long as they are enabled by the bank or the Paypal circuit) without any additional charge on the cost of the Product and shipping. It is understood that the Customer must hold a valid credit card when ordering the Products purchased online and that the name on the credit card must be the same as indicated on the billing information. In the absence of these conditions, it will not be possible to proceed with the order.
6.1.2 At the time of online purchase, together with the Order Confirmation, the amount relating to the Order will be charged to the Customer’s credit card. The amount will therefore be effectively charged to the Customer’s credit card at the time the Order is sent to the Seller.
6.1.3 If, once the package containing the ordered Products has been received, for any reason the Customer intends to make use of the right of withdrawal, following the payment of the Products purchased online, the Seller will instruct to credit the amount to be refunded directly on the credit card previously used for payment.
6.2.1 If the Customer has a Paypal account, the Seller gives the possibility to make payments directly using the email and relative password with which he registered on www.paypal.com.
6.3 At no time during the purchase procedure is the Seller able to know the information relating to the credit card (for example, the credit card number or the date of its expiry), transmitted via a connection protected by an encrypted protocol directly to the site of the person managing the electronic payment (bank or Paypal). No electronic archive of the Seller will keep such data.
6.4 In no case can the Seller therefore be held responsible for any fraudulent and improper use of credit and prepaid cards by third parties.
6.5 BANK TRANSFER
Delta BKB Srl
7. Shipping and delivery of products
7.1 Each shipment contains:
– the Products / or ordered / or;
– the relative transport document / accompanying invoice;
– any accompanying documentation required based on the country of dispatch
– any information and marketing material.
7.2 The delivery of the Products purchased through the Seller’s Site can take place in different ways.
7.3 Customer home delivery.
7.3.1 The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order. For additional information on costs, times and methods of shipping and countries served, the Seller refers to the Shipping section.
7.3.2 Upon receipt of the goods at home, the Customer is required to check the integrity of the packages upon delivery by the courier. In case of anomalies, the Customer must have the courier detect and note exactly the same and reject the delivery. Otherwise, the possibility of asserting one’s rights in this regard will lapse.
7.4 Delivery to an agreed point of sale and collection by the Customer.
7.4.1 Only if this option is specifically provided for, the Products purchased may be delivered by the Seller to the Customer at an agreed point of sale that the Customer can select at the time of the Order. The Seller refers to the Shipping section for additional information on costs, times and methods of shipping and countries served.
7.4.2 Upon delivery of the products purchased with delivery to the point of sale, the Customer will receive a warning message via SMS and / or email and from that moment will have up to 10 working days to collect the Products of the Order in the manner described in the Order Confirmation.
7.4.3 Failure to collect at the end of this period will result in the cancellation of the order by the Seller and the reimbursement of the entire sum previously paid, net of transport costs incurred. The refund will be made to the Customer’s credit card or Paypal account depending on the payment system selected during the online purchase.
7.4.4 Information on deliveries for Christmas . On-time delivery before Christmas is not guaranteed. If the orders were placed by credit card, debit card or PayPal, the delivery will take place in the shortest possible time following the acceptance of the order (generally within the following ten working days). Delta BKB Srl will do its best to deliver the products by December 23rd. Product delivery times vary depending on product availability and delivery delays are sometimes beyond our control. Delta BKB Srl will not be responsible for losses, costs, damages, charges or expenses caused by delays in the delivery of the products.
8. Right of withdrawal
8.1 Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without no penalty and without specifying the reason, within fourteen (14) working days, starting from the day of receipt of the products purchased on the site.
8.2 To exercise the right of withdrawal, the Customer must send an e-mail to the address specifying the number of the Order and the article code (s) for which he intends to make use of the right of withdrawal.
8.3 After receiving the e-mail referred to in the previous article, the Customer will receive all the instructions for returning the Product (s).
8.4 The right of withdrawal is subject to the following conditions:
– the returned Products must be returned in their entirety and not on parts or components of them even in the case of kits;
– the returned Products must not have been used, worn, washed or damaged;
– the returned Products must be returned in their original undamaged packaging;
– the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
– the returned Products must be delivered to the courier within fourteen (14) working days from the date you received the products;
– in the event that the Seller, after the purchase of a specific package of Products, offers the possibility of purchasing them at a lower price than what would normally be practiced by purchasing them individually (ex. 5 × 4, 3 × 2 etc. ), the right of withdrawal may also be exercised with the return of only some of the products purchased: in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the single product. In all other cases (eg bundled sales, prize operations, etc.), the right of withdrawal can only be exercised with the return of all the Products purchased, thus excluding any partial exclusion.
8.5 If the right of withdrawal is exercised by the Customer in accordance with the previous conditions (paragraph 8.4), the Seller is required to reimburse the sums paid by the Customer no later than 30 days from the receipt by the Seller of the returned products. Normally, the re-credit by the Seller of the amount initially withdrawn takes place very quickly, but the times in which the re-credit will actually be visible to the Customer will depend on his bank, credit card institution or Paypal.
8.6 In the event of a return, the only costs charged to the Customer will remain the initial shipping costs of the order of the products purchased.
8.7 The Seller also undertakes to bear the initial shipping costs of the Products exclusively in the event of damage to the same due to transport or errors in shipping by the Seller. Only in these cases, the Seller will also refund the amount that the Customer has paid as shipping costs. The Seller will send an express courier to collect the Product at the address indicated by the Customer.
8.8 For the return, the Customer will only have to use the Courier indicated by the Seller in the return instructions: in this way, the Customer will not have to personally pay the costs to be paid for returning the purchased products because this payment will be made, for your account, directly from the Seller. Subsequently, the Seller, with the exception of the provisions of point 8.7 above and for cases of product defect return, will deduct from the refund due to the Customer a lump sum equal to the cost previously incurred for shipping and delivery to the Customer’s home purchased products or the shipping costs normally foreseen for the delivery country. Furthermore, from the moment the purchased products are returned to the shipper indicated by the Seller in the return form, the Seller exempts the Customer from any liability in the event of loss or damage to the products during transport.
8.9 If the option to deliver the products to one of the affiliated stores has been made available at the time of completing the online return form, the Customer may return the Products directly to the Seller’s affiliated sales point. In this case, the customer will be reimbursed, in addition to the price paid for the purchase, also the shipping costs previously incurred for the delivery of the purchased Products. From the moment the products are returned to the point of sale, the Seller releases the Customer from any liability in the event of their loss or damage during transport.
8.10 In case of exercise of the right of withdrawal, the Seller will provide the corresponding refund, within 30 days from the date of receipt by the same of the Products returned according to the methods indicated above, by crediting the amount to be refunded with the same payment method chosen by the Customer at the time of the Order.
8.11 In the event of exercising the right of withdrawal without complying with the methods indicated above (ex. beyond the 14 days provided for by law, or without having followed the instructions for the return), the Seller will send the purchased Products back to the Customer also charging him the additional shipping costs.
8.12 The right of withdrawal cannot be applied in the case of customized products at the explicit request of the Customer at the time of placing the Order.
- Guarantee of non-conforming products
9.1 The Seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
9.2 If the Customer has entered into the contract as a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out), this guarantee is valid provided that both conditions are respected. indicated below:
- a) the defect occurs within 24 months from the date of delivery of the products;
- b) the Customer submits a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was recognized by the latter;
- c) the return procedure is correctly followed.
9.3 In particular, in the event of non-compliance, the Customer who has entered into the contract as a Consumer will have the right, at the Seller’s choice, to obtain the restoration of the conformity of the products without charge, by repair or replacement, or to obtain a appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent return of the price.
9.4 All return costs for defective products will be borne by the Seller.
For any information request you can contact us at the following email address: email@example.com
- Communications to the Customer
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.
- Applicable law, dispute resolution and competent court
13.1 These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and / or consequent to them must be resolved exclusively by the Italian judicial authority. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law or, at the choice of the consumer in case of action taken by the consumer himself, by the Court of Modena. If the Customer acts instead in the exercise of his business, commercial, craft or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Modena.
14. Modification and updating The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be required to accept only the General Conditions of Sale in force at the time of the relative purchase. The new General Conditions of Sale will be effective from the date of publication on the Site and in relation to purchase orders submitted after that date.