GENERAL CONDITIONS OF SALE AT A DISTANCE AND USE OF THE SITE
If you visit the site or buy at www.odcpesca.com you accept these contractual conditions of sale. We therefore recommend that you read them carefully.
1. General elements of the contract
1.1 These General Conditions of Sale ("General Conditions" or "CG") govern the methods and conditions of sale of the products (hereinafter referred to as "Products") by Officina del Carpfishing snc with registered office in Via Tagliamento nr . 14 - 00198 Rome (RM), VAT / CF 15033451004 as well as the conditions of use of the website www.odcpesca.com (the "Site"). All contracts for the sale of Products by Officina del Carpfishing snc through the Site to third parties, as identified and defined below (article 1.2 below), are governed by these General Conditions, which form an integral and substantial part of each proposal, order and purchase order confirmation of the Products.
1.2 The sale is not allowed to minors under the age of 18. By placing orders and purchases on the Site, the buyer guarantees that he is of age.
1.3 Officina del Carpfishing snc may modify, without notice, these General Conditions. These changes will take effect from the day of their publication on the Site. The General Conditions in force at the time of conclusion of the sales contract will be applied to purchase orders submitted before the publication of the aforementioned changes.
1.4 Article 8 of these General Conditions (relating to the right of withdrawal) will apply only and exclusively if the Customer qualifies as a "consumer" pursuant to Article 3, paragraph 1, letter a) of the Consumer Code ("the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity carried out ").
1.5 Carpfishing Snc Workshop and the Customer explicitly agree to give valid electronic signature value for the conclusion of the sales contract, as regulated in the relevant clauses of these General Conditions, to the selection of the check marks and to the pressing (click) of the " Checkout ”on this Site, at the end of the purchase by the Customer. It remains understood that these General Conditions, also published in a section visible and accessible from the homepage of the Site, also apply as a contract for the use of the Site accepted through the mere conclusive use of the same.
2. Limitation of Liability and License to Use the Site
2.1 This site is provided by Officina del Carpfishing snc as it is and when it is available. Officina del Carpfishing snc does not give warranties neither expressed nor implied on the operation of this Site and / or on the contents, materials, information or products included in the Site. Furthermore, access to the Site may also be occasionally suspended or temporarily limited to allow the carrying out the necessary maintenance, repair or update works with new services and products. Officina del Carpfishing snc will try to limit the frequency and duration of these suspensions and / or limitations.
2.2 Despite the periodic control of the Site, Officina del Carpfishing snc does not guarantee that this Site, its servers or the e-mails sent are without viruses or other potentially dangerous components for the user's PC and / or the Client. By visiting this site, the customer agrees that its use is at his own risk. While periodically checking the content of the web pages linked from the Site or reachable from the Site, Officina del Carpfishing snc assumes no responsibility for their contents.
2.3 Officina del Carpfishing snc cannot be held responsible for any damage - of any kind - resulting from the use of this site.
2.4 Officina del Carpfishing snc grants limited access and personal use to this Site and does not allow you to download or modify it, even partially, without express written consent. The license does not include any use of the contents of this Site for commercial purposes, in particular the use of our product catalogs, descriptions and other materials is not possible. It is not possible to use information on this Site for the benefit of other merchants, it is not possible to use data mining systems, robots or software that allow the download and / or extraction of content from our pages. It is not possible to include our pages within frames so that other trademarks can be linked to ours.
3. Prices, availability and characteristics of the Products
3.1 Unless otherwise indicated, the prices of the products published by Officina del Carpfishing snc must be considered inclusive of VAT. The prices of the Products published from time to time on the Site cancel and replace the previous ones and are subject to the actual availability of the Products.
3.2 The Products are not supplied on a trial basis. Although Officina del Carpfishing snc can provide information on the characteristics of the Products on the Site and in the data sheets of the single Product, the Customer is responsible for choosing the Products ordered. The images of the Products are indicative and not binding.
3.3 Any special offers and conditions promoted by Officine del Carpfishing snc are valid until the validity date indicated on the Site or when stocks are exhausted and, in any case, are subject to the effective availability of the relative Products by Officina del Carpfishing snc
4. Intellectual and industrial property
4.1 The Site, as well as all trademarks and distinctive signs used by Officina del Carpfishing snc in relation to the sale of the Products, are protected by applicable intellectual and industrial property rights and any type of reproduction, communication, distribution, publication, alteration is prohibited or transformation, in any form and for any purpose, of the contents of the Site, of the brands and distinctive signs used by Officina del Carpfishing snc (such as, for example, the works, images, photographs, drawings, video, graphics, colors, functionality and site design).
4.2 Officina del Carpfishing snc assumes no responsibility for the brands and other distinctive signs that appear on the Products marketed by it on the Site, for which the Customer does not acquire any rights following the conclusion of the sales contract.
5. Confirmation of orders. Delivery of the Products, delays and risks of loss of the Products
5.1 Officina del Carpfishing snc sells and sends by courier the Products available on the Site within the Italian territory and in the other countries belonging to the Eurozone. The purchased Product, together with the sales document, will be delivered by courier to the address specified by the Customer when sending the purchase order online. Delivery will take place at the latest 10 working days by express courier for Italy and 15 days for abroad at the cost provided by the courier in reference to the place of delivery. For orders greater than or equal to € 100.00 shipping throughout the Italian territory will be free, for orders less than € 100.00 shipping is € 8.00 in the Italian territory. In the event the customer chooses the option of cash on delivery, € 5.00 will be charged as cash on delivery.
5.2 Officina del Carpfishing snc reserves the right to cancel any orders that it does not consider reliable and reliable. Post office boxes are not considered valid addresses for delivery purposes.
5.3 Officina del Carpfishing snc cannot be held responsible in case of delay due to insufficient stocks at suppliers and will also not be responsible in case of discrepancies between the articles ordered and the images, texts and photos of these articles published on this Site.
5.4 Officina del Carpfishing snc will not be responsible for any delay or any breach of the obligations set out in these General Conditions if the delay or non-fulfillment derives from unforeseeable circumstances or force majeure reasons not attributable to it.
5.5 The parties agree that the customer can place an order and complete the purchase in the following ways:
- consultation and verification of the characteristics of the Product as described on the Site and in the relative Product sheet;
- selection of the Product (s) and the quantity to be purchased;
- insertion of all the Products to be purchased in the cart ("choose" icon);
- verification of the order summary, including any shipping charges;
- any modification or integration of the order;
- electronic confirmation of the order ("Checkout" icon);
- in case of payment by Paypal / Post Pay Top-up the payment of the price (in addition to the charges specified in the order summary) takes place by following the instructions and the operations envisaged;
- receipt of email confirming the success of the order, with a summary of the order in question and other useful information, in addition to the CG in .pdf format;
- payment of the price (in addition to the charges specified in the order summary), following the instructions received.
5.6 Without prejudice to the term of 10 days for Italy and 15 days for abroad from the receipt of the order, the times established for the delivery of the goods must be considered indicative. The delivery methods will be those guaranteed by the courier in charge. In the event of a negative outcome, the order will be deemed canceled due to the impossibility of delivery. Officina del Carpfishing snc will notify the customer of the cancellation by e-mail. The amount already paid by the customer will be returned to them, with the deduction of the costs incurred for delivery attempts.
5.7 If it is unable to deliver the goods ordered following the unavailability, even temporary, of the same, Officina del Carpfishing snc will promptly notify the Customer by e-mail. Any amount already paid by the customer will be refunded without undue delay.
5.8 The sales contract is concluded when Officina del Carpfishing snc receives payment of the price of the Products, or news from the financial intermediary of the correct payment order in its favor by the Customer.
5.9 Officina del Carpfishing snc starts the execution of the sales contract upon receipt of the prices of the Products, informing the Customer when the Products are shipped.
6. Method of payment
6.1 Payments of orders are accepted through the PayPal platform, cash on delivery (with a charge of € 5.00), by bank transfer or credit card (Visa, Mastercard, American Express) or by Post Pay Top-up.
6.2 The payment of the price will be made by the Customer in accordance with the instructions received from the aforementioned financial intermediary and contained in the order confirmation. Payment extensions cannot be granted to the Customer. In the event that the payment is unsuccessful, Officina del Carpfishing snc will not ship the Products.
6.3 Officina del Carpfishing snc will have the right to suspend the deliveries of the Products in any case of default, even partial, by the Customer with respect to the agreed payment terms, without being attributable to damages of any kind.
6.4 The tax documentation relating to the Products ordered will be issued by Officina del Carpfishing snc at the time of shipment of the Products to the Customer.
7. Guarantees and returns
7.1 For the Customer who is a consumer, the Products are covered by the legal guarantee for lack of conformity pursuant to articles 128 - 135 of the Consumer Code. Pursuant to Article 129 of the Consumer Code, it is specified that “… Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist:
a) they are suitable for the use for which goods of the same type are normally used;
b) comply with the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
c) present the usual quality and performance of an asset of the same type, which the consumer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, particularly in advertising or on labeling;
d) they are also suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted also for conclusive facts.
3. There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect, he could not have ignored it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer.
4. The seller is not bound by the public declarations referred to in paragraph 2, letter c), when, alternatively, he proves that:
a) was not aware of the declaration and could not know it with ordinary diligence;
b) the declaration has been adequately corrected by the time of the conclusion of the contract so as to be known to the consumer;
c) the decision to purchase the consumer good was not influenced by the declaration.
5. The lack of conformity resulting from the imperfect installation of the consumer good is equated to the lack of conformity of the good when the installation is included in the sales contract and was carried out by the seller or under his responsibility. This equation also applies if the product, designed to be installed by the consumer, is installed by the consumer incorrectly due to a lack of installation instructions ".
7.2 Further conventional guarantees are provided according to the methods illustrated in the documentation inside the product packaging or indicated on the Site.
7.3 The legal guarantee in favor of the consumer customer covers defects of conformity, existing at the time of delivery of the product, which occurred within two years of delivery of the product. The lack of conformity must be communicated, under penalty of forfeiture, within two months from the date on which the Customer discovered the defect. The direct action to assert the defects is prescribed, in any case, within twenty-six months from the delivery of the Product. In the event of a lack of conformity, the Customer has the right to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or to terminate the contract, according to the provisions of art. 130 of the Consumer Code.firstname.lastname@example.org. Upon receipt of the communication, Officina del Carpfishing snc will contact the customer to communicate how to re-send the product and all the necessary instructions. Officina del Carpfishing snc will send its own courier to collect the Product without any additional expense for the Customer. The Product must be returned by the Customer, possibly in the original packaging, complete in all its parts (including packaging and any documentation) and the sales receipt issued by Officina del Carpfishing snc. The affixing of labels or adhesive tapes directly on the original packaging of the Product should be avoided in all cases. Once the Product returned by the Customer has been checked, Officina del Carpfishing snc will replace it and proceed with the shipment of the Product itself, except as provided by art. 130 of the Consumer Code. If, following intervention by Officina del Carpfishing snc, it is found that the reported defect does not integrate a lack of conformity pursuant to articles 128 and following of the Consumer Code, the Customer will be charged for any verification and restoration costs, as well as transport costs, if incurred by Officina del Carpfishing snc
Section B - General Provisions
Each Order sent by the Buyer implies acceptance of the Legal information and privacy, and constitutes an offer to purchase the products.
Orders are subject to acceptance by Officina del Carpfishing snc which reserves the right, in its sole discretion, to refuse the Order, including cases where:
(i) orders cannot be executed due to an error in the information provided by the Purchaser when placing the Order (for example: a payment card number, expiry date or the security code number of the card used for incorrect payment); incorrect billing address (for example if the billing address indicated does not correspond to the information held by the bank or company that issued the payment card); insufficient or incorrect shipping address (e.g. wrong address, city, country or postal code); or if misleading information is provided by the Buyer;
(ii) an error has occurred on the Website relating to the products ordered, for example an error relating to the price or description of the products as shown on the Website;
(iii) the products ordered are no longer available on the Website.
Officina del Carpfishing snc also reserves the right to suspend or cancel the fulfillment of an Order and / or delivery, regardless of the nature and progress of the fulfillment, in the event of non-payment or partial payment of any sum due by the Buyer, in case of problems with the payment, or in case of fraud or attempted fraud relating to the use of the Websitewww.odcpesca.com of Officina del Carpfishing snc, also with reference to previous Orders.
In case of refusal of the Order Officina del Carpfishing snc will communicate to the Purchaser the impossibility of accepting the Order. The Purchaser will be able to verify the detail of his Order and correct any errors before confirming / sending the Order.
Once the Buyer confirms the Order by clicking on "Confirm Payment", the Buyer declares that he has consciously accepted the content and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices , the volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.
After placing the Order, the Purchaser cannot modify and / or cancel it.
The sale will be final only upon acceptance of the Order by Officina del Carpfishing snc, by sending an e-mail confirming receipt of the Order to the Buyer. A second e-mail will be sent to the Buyer when the Order is shipped.
Officina del Carpfishing snc will have the right to collect the entire price of the Order: - for payments made by credit card: from the time of sending the Order Confirmation Email;
- for payments made with other payment methods indicated above, from the time of sending the e-mail informing the Buyer of the shipment of the products ordered.
Officina del Carpfishing snc recommends that the Buyer keep the e-mails received email@example.com paper or electronic. The Buyer is informed that the aforementioned e-mails will be sent to the e-mail address entered by the Buyer when creating the Account and / or subsequent registration. Officina del Carpfishing snc will not be responsible in case of insertion of an invalid e-mail address and / or failure to receive the Order Confirmation Email for reasons not directly attributable to Officina del Carpfishing snc. In this case the sale will be considered as final. However, the Buyer may exercise the right of withdrawal under the conditions set out in article 7 of these General Conditions of Sale.
9. Limitation of Liability
Officina del Carpfishing snc will not be in any way responsible for any violations of these General Conditions of Sale, even if foreseeable, attributable to the fact of a third party, to the fault of the Buyer, to the occurrence of a force majeure event or any other event that is not reasonably under the exclusive control of Officina del Carpfishing snc.
The information and content available on the website are provided «AS IS» (in the actual state in which they are located) and Officina del Carpfishing snc does not offer any guarantee of any kind, both expressed and implicit, in relation to integrity, accuracy, timeliness , non-violation of third party rights, availability, reliability or completeness of information and content, including without limitation, information on products, accessories or services that appear on the Websitewww.odcpesca.comof Officina del Carpfishing snc and / or their suitability for a specific use. Officina del Carpfishing snc will not be in any way responsible for the improper use of the products and / or services by the Buyer and / or recipient of the Order, and in particular for the case of non-compliance with the instructions for use of the products. Officina del Carpfishing snc will not be responsible in any way for any damage caused to the Buyer or to third parties, resulting from said non-compliant use.
Officina del Carpfishing snc declines any responsibility for direct and indirect damages, whether foreseeable or not, consequent and / or connected to the use of the website by the purchaser. In the event that Officina del Carpfishing snc was held responsible for an injury suffered by the purchaser and attributable solely to the transmission of an order, this liability will be limited to the amount of the order paid by the purchaser to Officina del Carpfishing snc.
Nothing in these General Conditions of Sale excludes or limits the liability of Officina del Carpfishing snc towards the Buyer and / or recipient of the Order for fraud, death or personal injury caused by the negligence of Officina del Carpfishing snc, violation of the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any complaint made by users of the Site, including all Buyers, against Officina del Carpfishing snc must be submitted within six (6) months following the occurrence of the event that is the subject of the complaint.
10. Retention of Title
Officina del Carpfishing snc will remain the property of the ordered products until the full amount of the Order, including shipping costs, taxes and other mandatory contributions (where provided) are fully paid by the Buyer.
11. Intellectual Property
The Officina del Carpfishing snc, ODC trademark, all figurative and non-figurative trademarks present on the Website, the images, illustrations and logos and any content present on the Website (including, without limitation, the General Conditions of Use and these Conditions Generali di Vendita) are the exclusive property of Officina del Carpfishing snc and / or of the respective owners of the intellectual property rights on the same.
Reproduction in whole or in part, modification or use of these brands, illustrations, images and logos, or any other content on the Site, for any reason and by any means, without the express written authorization of Officina del Carpfishing snc and / or their respective owners of intellectual property rights on them is strictly prohibited.
The computerized registers, stored in the computer systems of Officina del Carpfishing snc and of the partners of Officina del Carpfishing snc, will be considered proof of communications, orders and payments made between the Parties.
11. Ability to contract
The Purchaser declares that he has full capacity to act and enter into a contract for the purchase of products and / or services on the Website based on these General Conditions of Sale.
Officina del Carpfishing snc cannot in any case be required to verify the ability of visitors and buyers of the website to actwww.odcpesca.com of Officina del Carpfishing snc.
In the event that a person who does not have the necessary ability to act (e.g. a minor) places an Order on the Website www.odcpesca.com Officina del Carpfishing, without prejudice to the responsibility of their parents or legal guardians for this Order and the related payment, Officina del Carpfishing snc may refuse to accept the Order.
12. Applicable law and competent jurisdiction
These GCS and all product sales on the website www.odcpesca.com are governed by Italian law, regardless of the place of dispatch of the Order. Any dispute concerning the existence, interpretation, execution or termination of these cgv and / or of the contract concluded between the buyer and Officina del Carpfishing snc, will be devolved, in the absence of a transaction, to the exclusive competence of the competent Italian courts based on the place of residence or domicile of the buyer, if located in the Italian territory.
13. Right of withdrawal
13.1 Pursuant to the Consumer Code, the Customer, as a "consumer", has the right to withdraw from the purchase without any penalty and without specifying the reason. For the purpose of valid exercise of the right of withdrawal, the Consumer must comply with the following conditions and methods: - send communication to Carpfishing Snc by email to:firstname.lastname@example.org to be sent within 14 working days from the receipt of the purchased Products, possibly using the "Model withdrawal form" referred to in Annex IB of the Consumer Code below:
"B. Withdrawal form type -
pursuant to article 49, paragraph 1, lett. h) -
(complete and return this form only if you wish to withdraw from the contract)
- Recipient [name, geographical address and, if available, telephone, fax and e-mail addresses must be entered by the professional]:
- Hereby I / we (*) notify the withdrawal from my / our (*) contract of sale of the following goods / services (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this form is notified in paper version)
(*) Delete the useless wording ";
- the return of the Products subject to withdrawal must be made, at the customer's expense and care, by courier of their choice, directly to the Carpfishing Snc Via Trilussa, 75 - 00041 Albano Laziale (RM) without undue delay and in any case within 14 days from the date on which it communicated the decision to withdraw from the sales contract to Officina del Carpfishing snc. Officina del Carpfishing snc will in no case accept returns on delivery; - the withdrawal may also apply only to the individual Products subject to a single sales contract; - all the Products for which the Customer has exercised the right of withdrawal must be intact and in their original packaging, complete in all its parts including the packaging material, any seals affixed,
13.2 Once the integrity of the returned Product has been verified, Officina del Carpfishing snc will reimburse the Customer for the amount paid, only for Products subject to withdrawal, within 14 days of receipt of the Product. The refund will be made using the same payment method used by the Customer for the initial transaction, unless the user has expressly agreed otherwise.
13.3 The right of withdrawal cannot be exercised in relation to products made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly.
13.4 The right of withdrawal lapses in the event of a defect in the substantial integrity of the returned goods, and for example in the case of: i) lack of the external packaging and / or the original internal packaging; ii) damage to the Product for reasons other than its transportation; iii) abnormal state of conservation.
13.5 In case of forfeiture of the right of withdrawal and in any case if the Customer violates, in whole or in part, the provisions dictated regarding the withdrawal from these General Conditions, the sales contract based on these General Conditions will remain valid and effective and Workshop del Carpfishing snc will return the Products unduly returned to the Customer, charging the relative shipping costs to the Customer.
14. Cancellation or modification of orders
The purchase order can be modified or canceled in full if, at the time of the request for modification or cancellation, the shipment of the Product is still being prepared and, in any case, if the amount has not yet been collected; in this case no cost will be charged to the Customer. You can contact us by writing an email to: email@example.com. If at the time of the request for modification or cancellation of the purchase order the Product has already been entrusted to the courier or, in any case, the amount has been collected, the Customer must exercise the right of withdrawal pursuant to and for the purposes of the previous article 8 of these General Conditions.
15. Third party liability
Officina del Carpfishing snc is not responsible for the work of third parties who, as independent auxiliaries, intervene in the management or execution of payment transactions and in any other operation related to the execution of contracts concluded through the Site.
Any customer complaints must be sent by email to the following email address: firstname.lastname@example.org , or by writing to Officina del Carpfishing snc, Via Tagliamento n. 14- 00198 Rome.
17. Treatment of personal data
The Customer has read and acknowledged the separate information note on the processing of personal data, available at the addresswww.odcpesca.com/privacy-policy-cookie/
18. Final provisions
18.1 The provisions of the General Conditions are applicable within the limits of the national consumer protection legislation.
18.2 The mere tolerance or failure by Officina del Carpfishing snc to contest any breaches by the Customer with respect to what is contained in the General Conditions cannot be interpreted as tacit acceptance of such breaches, nor as a desire to derogate from what was agreed between the parties.
18.3 The possible ineffectiveness and / or invalidity, total or partial, of one or more clauses of these General Conditions will not imply the invalidity of the others, which must be considered fully valid and effective between the parties.
18.4 For anything not expressly provided for in the General Conditions, please refer to the laws in force at the time of conclusion of the individual sales contracts, insofar as they are compatible.