Terms of Use of the www.seaspin.com site
Art. 1 – General provisions
1. Browsing and transmitting a purchase order on this site, accessible at http://www.seaspin.com, implies acceptance of the Conditions and Data Protection Policies adopted by the site itself indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusivity
reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70 / 03) by this Company, whose data and references are:
Utopia Tackle s.r.l. with sole shareholder
Offices and warehouse: Via Lenin 216/E, loc. San Martino Ulmiano, 56017 – San Giuliano Terme (PI) – Tel / fax 050 820165
Registered office: Via Petrarca, 12 – 09128 – Cagliari
Email: info@utopiatackle.com
3. The user is required, before accessing the products supplied by the site, to read these Conditions
General Terms of Sale which are generally and unequivocally accepted at the moment
purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale, whose terms Utopia Tackle srl reserves the right to modify unilaterally and without notice.
5. It is possible to use the site and therefore access products supplied by the site and to purchase these in the following languages: Italian and English.
Art. 2 – Object
1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on http://www.seaspin.com and do not govern, however, the supply of services or the sale of products by subjects other than the seller who are present on the same site through links, banners or other hypertext links.
2. Before submitting orders and purchasing products and services from different subjects, we suggest checking their conditions of sale.
Art. 3 – Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the form
electronic and transmit it following the relative instructions.
2. It contains the reference to the General Conditions of Sale, the images of each product and its price, the means of payment that can be used, the methods of delivery of the products purchased and the related shipping and delivery costs, a reference the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that the conditions have been read
General of Sale including the information on the right of withdrawal and data processing
personal.
4. The contract is concluded when the seller receives the form completed by the user, after verifying the correctness of the data contained therein.
5. The buyer will be obliged to pay the price from the moment of the forwarding procedure
the online order will be concluded.
6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.
Art. 4 – Registered users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his / her personal data correctly and truthfully.
2. The confirmation will in any case release Utopia Tackle srl from any responsibility for the data provided by the user. The user undertakes to promptly inform Utopia Tackle srl of any variation of their data at any time communicated.
3. If the user then communicates incorrect or incomplete data or even if there is one
dispute by the interested parties regarding the payments made, Utopia Tackle srl will have the right not to activate or to suspend the service until the relative deficiencies are remedied.
4. On the occasion of the first request for activation of a profile by the user, Utopia Tackle srl will assign the same username and password. The latter acknowledges that these identifiers constitute the validation system of the user’s access to the Services and the only system suitable for identifying the user that the acts performed through this access will be attributed to him and will have binding effect on him.
5. The user undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to transfer them even temporarily to third parties.
Art. 5 – Availability of products
1. Product availability refers to actual availability when the buyer 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.
2. Even after sending the order confirmation e-mail, there may be cases of
partial or total unavailability of the goods. In this case, the order will be corrected
automatically with the elimination of the unavailable product and the buyer will come
immediately informed by email.
3. If the buyer requests the cancellation of the order, by terminating the contract, Utopia Tackle srl will refund the amount paid within 30 days from the moment when Utopia Tackle srl became aware of the buyer’s decision to resolve the
contract.
Art. 6 – Products offered
1. Utopia Tackle srl markets: Sporting goods for fishing
2. The offer is detailed on our website at the link: https://www.seaspin.com and in the respective internal sections, which can be navigated using the menu located at the top of the page
Art. 7 – Payment methods and prices
1. The price of the products will be the one indicated from time to time on the site, except where there is an obvious error.
2. In case of error Utopia Tackle srl will notify the buyer as soon as possible
allowing confirmation of the order at the right amount or cancellation. In any case, there will be no obligation for Utopia Tackle srl to supply what is sold at the lower price erroneously indicated.
3. The site prices are inclusive of VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. The details of the order can be changed before payment.
5. Payment can be made by:
Pay Pal (preferred payment)
Check
Wire transfer
Cash on delivery
Art. 8 – Delivery
1. Utopia Tackle srl carries out shipments throughout the Italian territory, in Europe, and in the United States of America
2. Utopia Tackle srl will make its deliveries to the home provided by the user when placing the order.
3. The delivery is carried out, for the Italian territory, generally within 2-4, or, if no delivery date is specified, within the deadline estimated at the time of selecting the delivery method and, in any case, within the deadline. maximum of thirty days from the date of confirmation.
4. As for the countries of the European Union and the United States of America, delivery will be made in 3-5, and in any case, within the maximum term of thirty days.
5. If delivery is not possible, the order will be sent to the warehouse. In such
just in case, a notice will specify where the order is located and how to agree on one
new delivery.
6. If you are unable to be present at the place of delivery at the agreed time, Le
we ask you to contact us again to arrange a new delivery date.
7. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that we intend to terminate the contract.
8. As a result of the termination the amounts will be refunded, including delivery costs with
the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 30 days from the date of termination of the contract. Transportation resulting from the termination of the contract may have additional costs that will be borne by the buyer.
9. Shipping costs are paid by the buyer and are explicitly highlighted at the time the order is placed.
Art. 9 – Passing of risk
1. The risks relating to the products will be borne by the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them has been received, including shipping costs, or at the time of delivery, should this occur later.
Art. 10 – Warranty and commercial compliance
1. The seller is responsible for any defect in the products offered on the site, including non-products
compliance of the articles with the products ordered, in accordance with the provisions of Italian law.
2. If the buyer has entered into the contract as a consumer or any natural person who acts on the site for purposes unrelated to any business or professional activity carried out, this guarantee is valid provided that the defect occurs within 24 months from delivery date of the products; that the buyer submits a formal complaint relating to the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is completed correctly.
3. In the event of non-compliance, the buyer who has entered into the contract as a consumer will have the right to obtain the restoration of the conformity of the products at no cost, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent return of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 – Withdrawal
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal of the purchase can send an email, indicating the order number and user name, to: info@utopiatackle.com
4. The buyer must exercise the right of withdrawal also by sending any declaration
explicit containing the decision to withdraw from the contract or alternatively transmit the
Model withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not mandatory.
5. The goods must be sent back to: Utopia Tackle s.r.l. – Via Lenin 216/E, loc. San Martino Ulmiano, 56017 – San Giuliano Terme (PI) – Tel / fax 050 820165
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, the site can suspend the refund until receipt of the goods or until the buyer has demonstrated that he has sent the goods back.
8. The right of withdrawal will not apply if Utopia Tackle srl services and products are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will perform the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he will have to provide the bank details: IBAN, SWIFT and BIC necessary for making the refund.
Art. 12 – Data processing
1. The purchaser’s data are processed in accordance with the provisions of the personal data protection legislation, as specified in the specific section containing the information pursuant to art. 13 Legislative Decree June 30, 2003 and art. 13 EU Regulation 2016/679 (Privacy Policy).
Art. 13 – Safeguard clause
1. In the event that one of the clauses of these General Conditions of Sale is void for any reason, this will in no case compromise the validity and compliance with the other
provisions contained in these General Conditions of Sale.
Art. 14 – Contacts
1. Any request for information can be sent by email to the following address
info@utopiatackle.com, by telephone at the following telephone number at +39 3338607084 and by post at the following address:
Utopia Tackle s.r.l – Via Lenin 216/E, loc. San Martino Ulmiano, 56017 – San Giuliano Terme (PI)
Art. 15 – Applicable law and competent court
1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule in the country of habitual residence of the purchaser. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to them must be resolved exclusively by the Italian court. In particular, if the buyer holds the status of Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These conditions were drawn up on 05/03/2020.