TERMS AND CONDITIONS GENERAL SALES CONDITIONS
1. Online purchases: definitions and object of the contract
1.1 The supplier of the products is C&S DIVE-SPORTS GmbH, Draupromenade 25, 9500 Villach, Austria, VAT number ATU67719659, EORI code ATEOS100005309.
1.2 The term "Site" indicates the website www.audacepetgear.com reserved for the sale of AUDACE products.
1.3 By "online" sales contract we mean the distance contract, i.e. the legal transaction concerning movable goods and/or services stipulated between a supplier, "C&S DIVE-SPORTS GmbH", and a Customer, within of a distance selling system organized by the supplier who, for this contract, only uses distance communication technology - known as the "internet".
1.4 All contracts, therefore, will be concluded directly through access by the Customer to the website corresponding to the address www.audaxpro.com where, following the indicated procedures, the contract for the purchase will be concluded
of the good.
1.5 By Customer we mean the natural person who purchases goods and services for purposes not directly attributable to the professional activity carried out.
1.6 The term "Order" indicates the request form for the products on sale, filled in by the Customer through the Site. The "Products" are the goods on sale on the Site, on the basis of the general conditions of sale. The "Price" is the consideration for the sale of the products.
1.7 The "Parties" are "C&S DIVE-SPORTS GmbH" hereinafter "the Company" and the buyer hereinafter "the Buyer" or "the Customer".
2. Applicable regulations
2.1 Purchases made on the www.audacepetgear.com site are governed by these General Conditions of Sale, as well as by the conditions indicated from time to time on the aforementioned site on the date of conclusion of the contract (price list, type, technical characteristics), as well as by the provisions pursuant to Legislative Decree No. 206/2005 relating to the protection of consumers (articles 45 - 68 on distance contracts and articles 128-135 on the guarantee of conformity of goods), as well as finally by the provisions of referred to in Legislative Decree No. 70/2003 relating to electronic commerce.
2.2 These General Conditions of Sale must be considered an integral and substantial part of the contract: the Customer is therefore invited, before sending the order, to carefully read these General Conditions of Sale and the information described here, printing them or saving them on another durable and accessible support.
2.3 The sending of the order by the Customer constitutes acceptance of the General Conditions of Sale in force understood as such those published on the website www.audacepetgear.com at the time the Customer sends the orders.
2.4 The items on the site can only be purchased by those who have completed eighteen years of age.
3. Obligations of the Client
3.1 The Customer undertakes, once the online purchase procedure has been completed, to print and keep these general conditions, which, however, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product to be purchased.
3.2 These conditions may be updated or modified at any time by the Company which will provide notice by publishing a notice on the site. The consumer undertakes and obliges, whenever a modification of these general conditions occurs, to provide for their printing and conservation.
3.3 The purchaser is prohibited from entering false, and/or invented, and/or invented data, in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mails must be exclusively one's real personal data and not of third parties, or of fantasy.
3.4 It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties.
3.5 The Management of the Company reserves the right to legally prosecute any violation and abuse in the interest and for the protection of all consumers.
3.6 The Customer indemnifies the Company from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, being the Customer himself solely responsible for the correct insertion.
4. Prices
4.1 The prices indicated on the website www.audacepetgear.com are expressed in euros, must be understood as inclusive of VAT as well as all other taxes and duties and refer solely to products sold online.
4.2 The price applied will be the one in force at the time of the order, regardless of any subsequent increases or decreases in price (e.g. due to promotions that took place subsequently).
4.3 The Company reserves the right to vary the prices of the products without notice: any new amounts will be effective from the moment they are published on the website www.audacepetgear.com and will be applied to sales made from that moment.
4.4 Shipping costs, where applicable, must be added to the price. The shipping costs of all the other categories on the site are, however, charged to the customer and will be calculated based on the weight, quantity of products and the destination of the order; in the event of delivery abroad, any additional costs due to taxes or fees provided for by the legislation in force in the country of destination will be borne by the Customer.
4.5 The total amount of the order (price + shipping costs) will be visible before proceeding to confirm the purchase.
4.6 The tax documentation will be issued by the Company upon delivery of the products: the same will indicate in detail the products purchased and the relative prices.
5. Product features and availability
5.1 The characteristics of the products are those visible online at the time the order is sent.
5.2 The Company displays the products in the most truthful and accurate way possible; the colours, as well as the other aesthetic characteristics of the product displayed, may however undergo variations due to the user's monitor, as well as for other technical reasons not attributable to the Company which, therefore, does not guarantee that the colours, as well as the other technical and aesthetic characteristics displayed, are reproduced on the screen in a perfectly responsive way
to reality.
5.3 The type of products published online and their availability (indication to be considered non-binding) may vary at any time without this implying any liability on the part of the Company.
6. Methods of stipulating the contract and orders
6.1 The purchase contract is concluded exclusively online, through the exact compilation of the order and the consequent consent to the purchase expressed by the Customer according to the procedures indicated on the site.
6.2 The Customer undertakes and obliges, once the online purchase procedure has been completed, to print and keep these General Conditions of Sale as well as the specifications of the product purchased provided on the site.
6.3 Once the order has been received, the Company will send the Customer, within the following 3 working days, an e-mail confirming the order in which the order details will be summarized: the Customer is invited to print the e-mail e-mail and keep it.
6.4 The contract must be considered concluded when the Customer receives the order confirmation.
6.5 In the event that the customer does not receive any order confirmation within the term indicated above, the relative order must be considered not accepted by the Company, therefore ineffective.
6.6 The orders received will be archived in the online "shop" database, according to the methods and in compliance with the provisions of the Privacy Policy and will be accessible upon request made to the Company at the following e-mail address audaci@audacepetgear.com
7. Methods of payment
7.1 Once the order has been finalised, the Customer may pay the price according to the following methods, indicating the order number in the reason for payment;
– Credit card: during the purchase procedure, the appropriate card will be chosen (Visa, Visa Electron, Maestro, MasterCard, Aura, JCB, and America Express) and the requested data. The amount will be charged at the time of payment.
– PayPal: to purchase online comfortably, without the need to enter your credit card details or bank account details on the site. The account is debited upon completion of the order. If you have already registered with PayPal, you must log in with your credentials to the account, otherwise to register a new PayPal account, it is advisable to visit the website www.paypal.com.
7.2 Since orders are only allowed for adults, the Company will not be held responsible for orders placed by minors without parental authorization.
7.3 The order is shipped upon effective receipt of payment and according to the times established in the shipping policies.
8. Payment security
8.1 The payment transaction takes place on a secure page, which uses SSL (Secure Socket Layer) certificates, a system that guarantees maximum security for online transactions and the related monetary transactions take place via the Braintree payment gateway (Paypal Group).
8.2 To protect the Customer's purchases by credit card, the CVV code will be required for each order. Thanks to this security system, the customer's credit card details will be totally unreadable to third parties.
9. Shipping and Delivery
9.1 The Company is not required to ship the products until it has received full payment of the price.
9.2 Once the shipment has been made, the Customer will be provided with the tracking number and the link where he can check the shipment.
For the purposes of calculating the delivery date, the Customer must also consider the time that the courier needs, which can vary depending on many factors, some of which cannot be controlled by the Company.
It is important, when placing the order, to specify a valid e-mail address, as the Customer will be immediately informed of the availability of the requested items and will allow the Company to inform the Customer about the status of the order and the date of evasion of the same. Furthermore, the Customer must always specify at least one telephone reference (landline or mobile number) as, if the courier is unable to deliver, he will contact the Customer, agreeing on a new date according to the Customer's needs.
9.4 The courier used for shipments is Österreichische Post AG.
9.5 In the event that the Customer's data indicated in the order is incomplete or in any case inaccurate (so as to make delivery impossible), it will be the Customer's responsibility to verify their completeness and accuracy through the order confirmation that he will receive by e-mail -mail and contact the Company at audaci@audacepetgear.com
9.6 The Company will not be responsible for any delays attributable to the fault of the courier.
9.7 It is very important that the Customer makes sure that the goods received are not damaged and that the box or envelope are intact. The Customer must not accept damaged shipments (open or visibly damaged box/envelope). If this happened, the Customer would have implicitly accepted the receipt of an intact shipment. In case of damaged shipment and not accepted, the Customer must contact the company and inform it of the situation at this address: audaci@audacepetgear.com
10. Contractual Termination and Express Termination Clause
10.1 The Company has the right to terminate the stipulated contract by simply notifying the Customer with adequate and justified reasons; in this case the Customer will only be entitled to a refund of any sum already paid.
10.2 The obligations assumed by the Customer pursuant to art. 3 (Customer's obligations), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 7, are of an essential nature, so that by express agreement, the failure by the Customer of only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of the Company to take legal action for compensation for further damage.
10.3 The Company reserves the right, following any logistical and/or technical and/or organizational difficulties, to cancel the order by notifying the Customer via e-mail within days. 30 starting from the day following the one in which the Customer sent the order: in this case the Customer will not be entitled to any compensation for damages, without prejudice to the right to a refund of any amount already paid.
11. Right of withdrawal, complaints and request for product replacement
11.1 If for any technical or production anomaly (but not for aesthetic reasons) the Customer is not fully satisfied with the purchase, he can return the order within 15 days from the delivery date and receive a refund for the returned products.
11.2 In order to exercise the right of withdrawal, the Customer must follow two simple steps:
1. Send an email with the reasons for the return (please attach images if it is a visible defect) and the serial number of the product to audaci@audacepetgear.com
2. Wait for the return confirmation email from the Company.
11.3 Returned items must be in perfect condition without showing signs of use and in their original packaging, in a well sealed and protected package.
11.4 In the event of a technical or production anomaly, the company will book the collection by courier for Italy, Austria and Germany. For all other countries in the world, the customer will ship the return via the postal service of his country and the company will reimburse the expense once the copy of the postal receipt is received by e-mail.
In case of return for aesthetic reasons, the shipping cost is charged to the customer.
12. Refund
12.1 The refund of the amount spent will be made within 15 working days of receiving the return confirmation email and depends on the payment method chosen during the purchase:
1) payment with PayPal: the reversal will be made directly via PayPal
2) payment by bank transfer: the bank will make the refund to the bank details communicated by the customer. The time required to view the refund in your account depends on the bank and the value days of international transfers.
3) payment by credit card: the refund is credited only to the card used for the purchase. The refund cannot be made on cards other than those used for the purchase.
12.2 The Company will refund the cost of the goods shipped, only after having received the goods and having checked that all the requirements
have been respected.
12.3 The refund does not include the transport costs of the goods for subsequent return.
13. Warranties and Liability
13.1 The Company assumes no responsibility for disservices attributable to force majeure and/or unforeseeable circumstances such as accidents, thefts and/or robberies of the courier responsible for the delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the times and in the ways agreed.
13.2 The Company will not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the consumer having the right only to a refund of the price paid.
13.3 Likewise, the Company is not responsible for any fraudulent or illegal use that may be made by third parties upon payment of the purchased products.
13.4 The Company guarantees the products against any fault/defect. Should the Customer nevertheless find a fault / defect in the products purchased, he must report it within two months from the date on which he discovered the defect (art. 132 Legislative Decree n. 206/2005 - Consumer Code).
13.5 More generally, the Customer has the rights of the consumer pursuant to art. 130 Legislative Decree 206/2005; these rights must be exercised within the terms set forth in art. 132 of the same Legislative Decree 206/2005.
14. Limitations of Liability
14.1 The Company assumes no responsibility if, due to unforeseeable circumstances or force majeure, it is unable to execute the order within the times set out in the previous art. 6.3 or any further disruption occurs.
14.2 The Company cannot be held responsible towards the Customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet and beyond the Company's control and management power.
14.3 Furthermore, the Company will not be liable for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to the Company itself, since the Customer is only entitled to the full refund of the price paid.
14.4 The Company assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves that it has adopted all possible precautions based on the best science and experience of the moment.
15. Applicable Law - Jurisdiction
15.1 Contracts entered into with the Company are understood to be concluded in Austria and are governed by Austrian law. Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into "online" through the website www.audacepetgear.com is subject to Austrian jurisdiction.
15.2 These general conditions refer, to the extent not expressly provided therein, to the provisions of the Consumer Code.
15.3 For any dispute between the parties regarding this contract, the Court in whose district the consumer has his residence or domicile if located in the territory of the Austrian State will have jurisdiction;
15.4 In all other cases, the territorial jurisdiction is exclusively that of the court of Villach, excluding any competing court.
16. Permissions
16.1 By filling in the personal data form, in the purchase procedure, necessary to activate the procedure for the execution of this contract and the related further communications with the Customer, the Customer authorizes "C&S DIVE-SPORTS GmbH" to communicate the personal data of a personal nature (as defined pursuant to Article 7 of the GDPR 2016/679) to trusted couriers and/or shippers for the delivery of the purchased goods in order to allow the necessary procedures for their delivery.
17.Privacy Policy
For the text of the Privacy Policy, please refer to the page on the site: www.audacepetgear.com
18.Copyrights
Trademarks, logos and other distinctive signs on the site belong to their respective owners. The use of trademarks, logos and other distinctive signs including reproduction on other websites by unauthorized third parties is prohibited. The contents of the site are protected by copyright (texts, images and graphics).
19. Agreement
19.1 The contract replaces all previous contracts, agreements and understandings between the parties and constitutes the entire agreement between the parties regarding the subject of the contract, together with the order, the general conditions relating to the use of the site and the conditions relating to the registration service. Any variation or modification of the contract must be accepted in writing by both parties.
20. Communications
20.1 All communications between the parties must be made in writing and sent to the address of the other party indicated in the contract and in the order. Communications sent to the e-mail address of the other party, indicated on the site and in the order, are also intended to be sent in writing.
20.2 Communications relating to the validity or existence of this agreement must be exclusively delivered by hand or sent by registered letter with acknowledgment of receipt.
21. Invalidity AND/OR Ineffectiveness
21.1 The invalidity and/or ineffectiveness, even supervening, of one of these conditions does not affect the validity or effectiveness of the others. The condition that should be held or become invalid or ineffective, in whole or in part, for any reason: (a) will be deemed severable from the context of these conditions of sale without affecting their validity; (b) if possible from the context, it will be deemed replaced (if applicable only for the country involved) by a different agreement or valid and effective provision whose content is as similar as possible to the one which has become or is deemed invalid or ineffective).
SPECIFIC APPROVAL
The Parties declare that they have carefully examined and specifically approve the content of the following articles:
Art. 4.3 (right of the Company to vary the prices of the products)
Art. 5.3 (absence of liability on the part of the Company for variations in products and their availability)
Articles 3.1 and 3.6 (the Customer's obligation to print and keep the General Conditions of Sale as well as the specifications of the purchased product provided on the site following the online purchase procedure).
Art. 6.4 (time of conclusion of the contract)
Art. 6.5 (non-conclusion of the contract in the event of non-receipt of the order confirmation by the Customer)
Art. 7.4 (right of the Company to cancel orders)
Art. 7.1 (Customer's obligation to pay the price before shipping the products)
Art. 9.1 (the Company's right not to proceed with the shipment of the products until it has received full payment of the price)
Art. 10.1 (the Company's right to terminate the stipulated contract by simply notifying the Customer with adequate and justified reasons)
Art. 10.2 (essential nature of the Customer's obligations)
Article 10.3. (right of the Company to cancel the order)
Art. 9.10 (absence of liability on the part of the Company in the event of delays attributable to the fault of the courier).
Art. 9.10 first part (customer's obligation to verify that at the time of delivery that the package is intact, not damaged or wet or otherwise altered, including in the closure and correct delivery in case of no reserve)
Art. 9.10 second part (Customer's obligation to verify that at the time of delivery the products correspond to what is indicated in the transport document and/or invoice both in terms of number and type and immunity from faults/defects in case of no reserve)
Art. 11.1 (right of withdrawal and term of exercise)
Art. 11.3 (method for exercising the right of withdrawal)
Art. 11.2 (Customer's obligation to return the product intact, in the original packaging, complete in all its parts, no later than 10 days from the date of sending the notice of withdrawal)
Art. 12.2 and 12.3 (term for reimbursement of the sums paid by the Customer)
Art. 12.4 (the replacement of the product is not foreseen)
Art. 12.5 (Customer's obligation to bear the costs of returning the product)
Art. 14.1 (lack of liability of the Company if, due to unforeseeable circumstances or force majeure, the Company is unable to execute the order within the times set out in art. 6 point 3 or any further disservice occurs)
Art. 14.2 (lack of responsibility of the Company for disservices or malfunctions connected to the use of the internet and beyond the control and management power of the Company itself)
Art. 13.2 (lack of liability of the Company for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to the Company itself)
Art. 14.4 (lack of responsibility of the Company for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have taken all possible precautions based on the best science and experience of the moment).
Article 15 (applicable law)
Article 21 (invalidity and/or ineffectiveness of the clauses)