NAUTIKIT - GENERAL CONDITIONS OF ONLINE SALES
These conditions are valid exclusively between the company "NAUTIKIT di Giammanco Leonardo" (Individual Company with registered office in Via Cortelli 1, 15059 Volpedo AL, VAT number 01566890065, cf GMMLRD57H07M120G), hereinafter called NAUTIKIT and any natural or legal person , company, company, body or association of any kind that makes online purchases on the website www.nautikit.com, hereinafter referred to as the CUSTOMER. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force
These conditions govern the purchases made on the website www.nautikit.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, modified by Legislative Decree n. 21/2014 and Legislative Decree 70/2003 on electronic commerce.
ARTICLE 1 - Object of the contract
With these general conditions of sale, NAUTIKIT sells and the CUSTOMER remotely purchases tangible and intangible movable assets (projects, software, services etc.) for sale on the website www.nautikit.com. The contract is concluded exclusively through the internet, by accessing the CUSTOMER at www.nautikit-shop.com and making a purchase order according to the procedure provided by the site itself.
Before proceeding with the confirmation of their order, the customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by NAUTIKIT and to accept them by affixing a flag in the indicated box.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
Before the conclusion of the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER's choice. Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- conditions of after-sales assistance and commercial guarantees provided by NAUTIKIT.
The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to NAUTIKIT, the geographical address, telephone number, e-mail address, information reported, also below:
NAUTIKIT by Giammanco Leonardo
registered office: Via Cortelli 1,
15059 Volpedo (AL) - ITALY
tel. +39 0131 80184 - +39 348 335 2482
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by NAUTIKIT to the CUSTOMER of an order confirmation email. The e-mail contains the CUSTOMER's data and the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent and the link to print and archive the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify NAUTIKIT of any corrections.
NAUTIKIT undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.nautikit.com do not constitute a contractual element, as they are only representative.
ARTICLE 4 - Products, characteristics and availability
NAUTIKIT mainly sells tangible products (components for boat construction, accessories and spare parts for boating etc.) and intangible products (projects for the construction of boats and boats, services and application software):
- The material products can be available at our warehouse or at affiliated distributors. Availability is the actual one when the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before confirming the order.
- The intangible products, in particular the construction projects for boats and boats, are of the "INTELLECTUAL PROPERTY" of the designers. The purchase of a project, whether sent on paper or sent electronically, is intended as a SINGLE LICENSE and entitles the construction of a single hull. For further constructions of the same boat it is necessary to purchase a royalty equal to the cost of the plans, unless otherwise agreed. Resale of construction plans is not allowed. The availability of intangible products depends on the characteristics and extent of the project, service or software required; except in exceptional cases, the availability of intangible products can vary from 1 to 4 weeks approximately
If the CUSTOMER requests the cancellation of the order before sending the products, resolving the contract, NAUTIKIT will refund the amount paid within 30 days from the day on which NAUTIKIT became aware of the customer's decision to terminate the contract.
ARTICLE 5 - Methods of payment
Each payment by the CUSTOMER can only be made by bank transfer, paypal or conventional credit cards. The communications relating to the payment and the data communicated by the CUSTOMER when it is made take place on special protected lines (SSL). The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification. The recipient of the bank transfer is Giammanco Leonardo, NAUTIKIT being a sole proprietorship.
ARTICLE 6 - Prices
All sales prices of the products indicated on the website www.nautikit.com are expressed in Euros. It is possible to view a comparison with the Dollar but it is purely indicative.
Shipping costs are not included in the purchase price, but are indicated and determined (in relation to weight / volume and destination) at the time of the conclusion of the purchase process before the payment is made.
The CUSTOMER accepts NAUTIKIT's right to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by NAUTIKIT to the CUSTOMER.
In the event of an IT, manual, technical, or any other error that could result in a substantial change, not foreseen by NAUTIKIT, of the sale price to the public, which makes it exorbitant or clearly negligible, the purchase order will be considered. invalid and canceled and the amount paid by the CUSTOMER will be refunded within 30 days. from the day of cancellation.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, it is possible to apply the right of withdrawal on all material products; it cannot be applied to intangible products. the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must communicate it to NAUTIKIT through an explicit declaration, which can be sent by registered mail with return receipt. or by accessing the "My orders" section of the "My account" space on the www.nautikit.com site, with the creation of a Returns IT file.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
in case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to NAUTIKIT his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be sent back to NAUTIKIT at its address: Nautikit, via cortelli 1, 15059 Volpedo (AL)
The direct costs of returning the tangible products are borne by the CUSTOMER. The cost is estimated to be equal to a maximum of approximately 30.00 (thirty / 00) euros
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, NAUTIKIT will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, NAUTIKIT can suspend the reimbursement until receipt of the goods or until the CLIENT demonstrates that he has sent the goods back to NAUTIK
ARTICLE 8 - Legal guarantee of conformity
In case of receipt of products that do not conform to the orders or are defective, the CUSTOMER has the right to restore the conformity of the product at no cost by repairing or replacing the product.
ARTICLE 9 - Commercial guarantee
To take advantage of warranty assistance, the CUSTOMER must keep the invoice, the receipt or the order confirmation received with the order fulfillment.
ARTICLE 10 - Delivery methods
NAUTIKIT accepts orders from all over the world for construction projects; for material products (hull and engine spare parts and accessories) accepts orders from Italy and some European countries affiliated with the couriers. For shipping, the courier most suitable for the type of products purchased is indicated. If provided by the product, delivery to our office is possible. Resins and chemicals normally travel under ADR for environmentally hazardous substances as required by law.
For each order placed on the www.nautikt.com website, NAUTIKIT issues the order confirmation of the goods shipped, available and printable, after the order has been processed, in the "My orders" section of the CUSTOMER. The order confirmation will contain the information provided by the CUSTOMER during the purchase procedure. After the issuance of the invoice, it will not be possible to make any changes to the data indicated in it. More information in the "delivery" section
ARTICLE 11 - Responsibility
NAUTIKIT does not assume any responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even if they depend on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the time foreseen by the contract.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the relative technology used remain the property of NAUTIKIT and are protected by intellectual property law.
ARTICLE 13 - Cookies
The www.nautikt.com website uses "cookies". Cookies are electronic files that record information relating to the CLIENT's navigation on the site (pages consulted, date and time of the consultation, etc.) and which allow NAUTIKIT to offer a personalized service to its customers.
NAUTIKIT informs the Customer of the possibility to disable the creation of these files, by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 14 - Data processing / Privacy
In any case, in compliance with the European Data Protection Regulation (GDPR), directive 2016/679 which came into force on 25/5/2018 (see), the processing of personal data relating to purchases made or registration on the site is carried out for internal use only or intended for gateways / suppliers / couriers for carrying out orders. No data is transferred to external marketing, advertising etc. services.
ARTICLE 15 - Integrality
These General Conditions of Sale are made up of all the clauses that make them up. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and efficacy.
ARTICLE 16 - Applicable law and competent court
These General Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of domicile of NAUTIKIT
In any case, you can optionally use the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https: // webgate.ec.europa.eu/odr.
General sales conditions updated on 01/06/2020