CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE
Introduction
These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products and services, carried out remotely and made available via the Internet from the site www.seafarer.com (hereinafter, the "Site") in compliance with the Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The goods covered by these General Conditions are offered for sale by Academy S.r.l. with registered office in Fossombrone 61034, Viale F.lli Cairoli no. 3, registered with the Chamber of Commerce of the Marche with no. in the Register of Companies, C.F. / VAT number 02700800416 (hereinafter the “Supplier”), email address/certified email: academysrl@arubapec.it
The consumer who accesses the Site (hereinafter the “Buyer”) is required, before making purchases, to carefully read the General Conditions that have been made available to him on the Site.
The contracts concluded with Academy S.r.l. through the Site are governed by these General Conditions in compliance with Italian law. The language available to terminate the contract is Italian.
Definitions
1.1. The expression “online sales contract” means the contract of sale relating to the tangible movable goods of the Supplier, stipulated between the latter and the Buyer within a remote sales system via telematic tools, organized by the Supplier.
1.2. The expression “Buyer” means the consumer (natural person or company) who makes the purchase, referred to in this contract.
1.3. The term “Supplier” means the entity indicated in the epigraph or the entity providing information services.
Object of the contract
With this contract, respectively, the Supplier sells and the Buyer purchases remotely through electronic means the tangible movable goods indicated and offered for sale on the site https://www.seafarer.com (hereinafter the “Products”).
Method of stipulating the contract
The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer accessing the address https://www.seafarer.com, where, following the procedures indicated, the Buyer must complete and send the order form in electronic format. The Buyer must add the Product to the “Cart” and, after having read these General Conditions and confirmed their acceptance, must enter the shipping data, select the desired payment method and confirm the order, which will have the value of a contractual proposal.
Conclusion and effectiveness of the contract
4.1. The purchase contract between Academy S.r.l. and the Buyer is considered concluded with the acceptance of the order by Academy S.r.l.. Such acceptance is communicated to the Buyer by sending a printable order confirmation email containing the order number, the list of Products ordered as well as the details of the person placing the order, the price of the purchased item, shipping costs, payment methods and terms, the address where the item will be delivered, delivery times and the existence of the right of withdrawal.
4.2. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
4.3 After checking the order confirmation email, if the Buyer identifies errors in the order, he/she must communicate such errors within twelve (12) hours of receiving the email itself. After this period, the order will be processed for shipment and no changes will be accepted, without prejudice to the Buyer's rights under point 14 below.
Product Information
5.1 The information and descriptions relating to the Products are available on the Site and are provided before the purchase is concluded. All information supporting the purchase is to be understood as simple generic information material.
5.2 All information on the Products is provided in Italian and English.
5.3 The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
Payment and refund methods
6.1. The Buyer must make the payment by credit card (Visa, Mastercard, American Express and/or other similar cards), bank transfer, PayPal system.
6.2 If the payment is made by bank transfer, this must be made immediately after the order
because Academy S.r.l needs to receive the funds within 3 days from the order date. After this period, the order will be cancelled and the goods will be made available again for purchase by other buyers.
Bank transfer details:
Account holder: Academy S.r.l
IBAN: IT 35 P 03069 68290 1000 0000 2587
BIC/SWIFT: BCITITMM
Bank: BANCA INTESA SAN PAOLO SPA – AG. FOSSOMBRONE – Piazza Dante, 18 – 61034 Fossombrone (PU)
Reason: the Buyer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email.
6.3. Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer in a timely manner and, in the event of exercising the right of withdrawal, at the latest within 14 days from the date on which the Supplier became aware of the withdrawal itself.
6.4 If the purchase is made by a professional, the Buyer is given the opportunity to enter the billing information including tax code and/or VAT number in the cart. The professional is responsible for the correct entry of the billing information.
6.5. Academy S.r.l. uses the maximum security measures commercially available in the sector. Furthermore, the payment procedure takes place on a secure server that uses the SSL (Secure Socket Layer) protocol. The secure server establishes a connection that allows the transmission of encrypted information using 128-bit algorithms, which ensure that they are intelligible only for the Buyer's computer and that of the Site. In this way, using the SSL protocol guarantees:
(i) that the Buyer is communicating his data to the central server of the Supplier and to no one else.
(ii) that between the Buyer and the central server of the Supplier the data is transmitted in encrypted form, preventing possible reading or manipulation by third parties. Furthermore, Academy S.r.l. declares that it does not have access to and does not record sensitive data relating to the payment method used by the Buyer. Only the entity that processes the payment has access to this data, for the purposes of managing payments and collections.
European PSD2 regulation (European directive 2015/2366) applies to payments with European Credit Cards, which introduces new authentication rules.
Strong Customer Authentication or Strong Authentication is similar to what many call two-factor authentication: if a customer makes an online purchase with their debit or credit card, SCA may require them to use two forms of authentication. For example, Strong Customer Authentication may require the customer as a second step — rather than simply entering their PIN or password — to enter a code generated in their banking app.
The Buyer may contact their bank for more information on activating and using this service.
Delivery times and methods
7.1. The methods, times and costs of shipping are clearly indicated during the purchase procedure.
7.2. The Supplier will deliver the Products purchased on the Site to the address indicated by the Buyer during the purchase procedure by express courier (hereinafter "Courier"). Academy S.r.l. will not be responsible for delays that are unforeseeable or not attributable to it.
7.3 Once the Products have been shipped, the Buyer will receive a confirmation email which will include a link to refer to for tracking the shipment.
7.4 In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within 5/10 (five/ten) working days starting from the day following the day on which Academy S.r.l. confirmed the order to the Buyer via a specific order confirmation email.
7.5 At the time of delivery, the Buyer is required to check:
that the packaging is intact, not damaged, not wet, or in any way altered;
that the number
of the packages corresponds to what is indicated in the transport document.
Any damage to the product or packaging or the lack of correspondence of the indications must be immediately contested to the courier by writing "Written control reservation" on the courier's proof of delivery. Once the courier's document has been signed, the Buyer will not be able to raise any objections regarding the external characteristics of the delivered goods.
7.6 In the event of failure to collect the material stored in the courier's warehouses within 5 working days due to repeated impossibility of delivery to the address indicated by the Buyer when ordering, the order will be cancelled. In this case, a refund procedure will be applied for the price paid, with the exception of customized products and shipping costs.
Prices
8.1. All sales prices of the Products displayed and indicated on the Site are expressed in EUR.
8.2. The sales prices referred to in the previous point are inclusive of VAT and any other tax/duty unless otherwise indicated by the Supplier. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is sent by the Buyer.
Product Availability
9.1. The Supplier ensures the processing and fulfillment of orders without delay through the electronic system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of available and unavailable Products, as well as shipping times.
9.2. If an order exceeds the quantity in stock, the Supplier will notify the Buyer by email if the goods can no longer be booked or what the waiting times are to obtain the chosen goods, asking whether they intend to confirm the order or not.
9.3. The Supplier's IT system confirms the registration of the order as soon as possible by sending the Buyer a confirmation by email, pursuant to point 4.1.
9.4 In the event that an order includes multiple Products, if one or more Products are not available, the Supplier will promptly send an email to the Buyer indicating the shipping terms. The Buyer, within the following 12 hours, will have the right to respond to confirm the shipment of the available Products or cancel it. In the event of failure to respond within this period, the order will be considered confirmed and the available Products will be shipped. In this case, the amount relating to the missing Products will be immediately reversed depending on the chosen payment method.
Limitations of liability
10.1. The Supplier assumes no liability for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.
10.2. The Supplier shall not be held liable to the Buyer, except in the case of fraud or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of its control or that of its sub-suppliers.
10.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to it, the Buyer being entitled only to a full refund of the price paid and any additional costs incurred.
10.4. The Supplier assumes no liability for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment for the Products purchased, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
Liability for defects, proof of damage and compensable damages: the obligations of the Supplier
11.1. Pursuant to art. 116 of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if it fails to communicate to the injured party, within 3 (three) months of the request, the identity and domicile of the manufacturer or the person who supplied the goods.
11.2. The aforementioned request, by the injured party, must be made in writing and must indicate the Product that caused the damage and the date of purchase; it must also contain the offer to view the Product, if it still exists.
11.3. The Supplier cannot be held liable for the consequences arising from a defective Product if the defect is due to the conformity of the Product, to a mandatory legal provision or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the Product into circulation, did not allow
to consider the Product as defective.
11.4. No compensation will be due if the injured party was aware of the defect of the Product and the danger resulting from it and nevertheless voluntarily exposed himself to it.
11.5. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
11.6. Damage to property referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
Guarantees and assistance methods
12.1. All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by arts. 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers.
12.2 Without prejudice to the normal deterioration process of the Products and/or specific indications relating thereto, the Supplier is liable for any lack of conformity that occurs within two years of delivery of the Product.
12.3 Without prejudice to the provisions of the previous paragraph 12.2,
12.3.1 in the event of lack of conformity of Products sold by the Supplier, the Buyer must immediately contact Academy S.r.l. by telephone, by sending an e-mail to info@academy-srl.com
12.3.2 The legal guarantees provided for by Articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Buyer has the right, at his choice and provided that the type of Product allows it, to the restoration, without charge, of the conformity of the Product by repair or replacement, or to an adequate reduction in price or to the termination of the contract;
12.3.3 The Buyer loses these rights if he does not report the lack of conformity to the Supplier within two months of the date on which he discovered the defect, unless it concerns a Product that by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.
12.4 Products repaired, modified or in any way altered by the Buyer are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any faults or malfunctions or defects of any other kind caused by accidental events or by the Buyer's responsibility or by a use of the Product that does not comply with its intended use and/or with what is provided in the technical documentation attached to the Product, where applicable, or in the instructions for use relating to the same. The guarantee is personal and will therefore apply only to the original Buyer.
Buyer's Obligations
13.1. The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the contract.
13.2. The Buyer undertakes, once the online purchase procedure has been concluded, to print and keep this contract.
13.3. The Buyer acknowledges and declares that he has read all the information provided during the purchase procedure and fully accepts these General Conditions and payment conditions transcribed.
Right of withdrawal
14.1. In any case, the Buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, alternatively, (i) proceeding, upon delivery to the previously confirmed shipping address, to the direct and immediate return of the goods to the Courier - and this without any obligation to communicate this intention to the Supplier with prior written communication (registered letter with return receipt) - or (ii) within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
14.2. If the Buyer decides to exercise the right of withdrawal under 14.1 (ii), he must notify the Supplier by registered letter with return receipt to the address of the operational headquarters of Academy S.r.l. Viale F.lli Cairoli, 3 – 61034 – Fossombrone (PU) or by writing an e-mail to info@academy-srl.com
14.3 Once such communication has been received, the Supplier will communicate to the Buyer the instructions on how to return the Products. The returned product must be entrusted to the Courier within 14 days of confirmation of registration of the return request, after which it will no longer be possible to exchange and/or refund the product.
14.4 The right of withdrawal is governed by the following conditions:
The right applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the withdrawal on only part of the purchased Product.
In the event of exercising the right of withdrawal, Academy S.r.l. will reimburse the Buyer the entire amount of the returned goods, excluding shipping costs, within 30 days from the date on which the communication of withdrawal was received.