CETMA COMPOSITES srl
C/O Cittadella della Ricerca
S.S. 7 Appia Km. 706 + 030
CETMA COMPOSITES srl operates an online store via the website freediving.cetmacomposites.it.
Shop online: freediving.cetmacomposites.it
Phone number: + 39 0831 162 3075 available from Monday till Friday (10.00-13:00/15:30-19.30)
For any aspect or clarified the content of the GTSC (General Terms and Sale Conditions), contract (as defined in section 3) and its discipline, CETMA COMPOSITES srl makes itself available, via telephone, to provide the client with any clarification or information. If the customer decides not to use the telephone service, they remain in any case without prejudice to any rights and faculties recognized to the customer by law. In compliance with the current regulations, the following are specified in the general terms and conditions (including any conditions ship items).
The right of withdrawal in favour of consumers is governed by Section 6 of these GTSC.
These terms apply to all orders (as defined in section 3) forwarded by customers in CETMA COMPOSITES srl via the website freediving.cetmacomposites.it and govern and constitute an integral and essential part of all contracts concluded by the customer with CETMA COMPOSITES srl. As a result of placing an order or direct payment via PayPal, the customer declares to have read and accepted the GTSC. These GTSC shall prevail over any other general conditions of contract which is relied on in relation to one or more contracts.
"Consumer" means any natural person who is placing an order for purposes unrelated to entrepreneurial activity, commercial, craft or profession;
"Trader" means any natural or legal person responsible for placing an order in the course of his trade, business, commercial, craft or profession;
"Customer" will refer, as appropriate, the consumer or contractor;
"Agreement" has the meaning ascribed to that term in section 3;
"Business day" means any day of the week except Saturdays, Sundays and public holidays in accordance with the law;
"Order" has the meaning ascribed to that term in section 3.
2. DOWNLOAD AND CONSULTATION OF THE TERMS AND CONDITIONS
The customer may consult these gtsc, together with the text of the contract, on the website freediving.cetmacomposites.it. The customer can also print or save this document, using the normal functionality of your browser.
Each order data is collected by PayPal and managed by CETMA COMPOSITES srl in response to the execution of the order.
3. CONCLUSION OF CONTRACT
Contracts are concluded exclusively in Italian/English.
By clicking "Pay with PayPal", the customer will make a irrevocable contractual proposal CETMA COMPOSITES srl, pursuant to and for the purposes of art. Italian civil code 1326 and 1329, concerning the selected items within the shop section of the freediving.cetmacomposites.it page. To the submission of the purchase by the Client will follow the confirmation by the receipt of payment of the order CETMA COMPOSITES srl.
If the ordered product is not available, CETMA COMPOSITES srl shall communicate to the client the amount of products that are not available, summarizing the details of the order and the subsequent update of the amount payable, or by specifying that, because of the unavailability of the products purchased, the order and the amount have been modified or cancelled.
Upon receipt by the customer of the order confirmation sent by CETMA COMPOSITES or in the absence of such confirmation, with the delivery of items ordered, shall be deemed entered into a binding contract between CETMA COMPOSITES srl and the customer (the "agreement").
4. PRICES AND SHIPPING COSTS
CETMA COMPOSITES srl reserves the right to modify at any time the prices of items sold through the website freediving.cetmacomposites.it, on the understanding that the price of the items on offer within the site must be indicated until the order is placed. Prices shown are retail prices, inclusive of VAT and all other taxes.
The shipping cost will be assessed case by case depending to country of destination.
5. PAYMENT AND DELIVERY
Unless otherwise agreed, the customer will pay the full price of the items ordered and the shipping service, upon placing the order. CETMA COMPOSITES srl reserves the right to make delivery of the items purchased only after receipt of payment of their full price. CETMA COMPOSITES srl offers as a method of payment secure PayPal system by which you can pay by credit card, debit card or PayPal account. It is also possible to pay by bank transfer in advance. In case of choosing the latter will send the order to CETMA COMPOSITES srl will process your order only after full payment is credited.
For deliveries CETMA COMPOSITES srl will use the SDA carrier. Delivery times vary depending on the destination.
CETMA COMPOSITES srl will not be responsible for non-delivery or delayed delivery in cases where:
a. It is not able to make up for the lack of availability of such articles
b. It has such unavailability the customer promptly when the article informing them of the right to withdrawal pursuant to section 6. In case of unavailability of an article, CETMA COMPOSITES srl will refund to you any payments within 30 (thirty) days after receipt of payment.
CETMA COMPOSITES srl will not be responsible for non-delivery or delayed delivery due to force majeure such as, but not limited to, strikes, public authority measures, rationing or energy shortages, transportation difficulties, fire, flood, landslide or similar beyond CETMA COMPOSITES srl. CETMA COMPOSITES srl will inform the customer of the occurrence and the loss of force majeure. If the force majeure persists for a period exceeding 4 (four) weeks, either party shall be entitled to withdraw from the contract. In case of withdrawal under this section 5, the customer is not entitled to any compensation or reimbursement of any kind, except the right to the return of any already paid the price.
In the case of buying the risk of accidental loss of the article passes the customer with the delivery of the article by CETMA COMPOSITES srl to the first carrier.
It is up to the customer to check the status of your shipment upon receipt of the goods. In the absence of written reserve on the delivery note the company and the carrier are relieved of any liability for transport damage or deficiencies and for packs that are open at the time of delivery, tampered with, or whose content would present risk of alteration.
CETMA COMPOSITES srl declines all liability if delivery is made to third parties not expressly mentioned in the Bill of lading.
CETMA COMPOSITES srl grants a maximum period of 7 days from the date of shipment to accept complaints about non-delivery for domestic shipments and 15 days for international flights.
In case of absence by the customer at the place designated for delivery, the carrier will leave a notice on stating the tracking number and telephone number.
6. RIGHT OF WITHDRAWAL
The buyer and not satisfied with products purchased is entitled to exercise the right of withdrawal without penalty and without giving any reason, according to art. 5 of legislative decree 185/99.
The following are the instructions for exercising the right of withdrawal and the consequences of withdrawal.
The consumer may withdraw from the contract. The right of withdrawal must be exercised within 10 days from the date of delivery of the item (in the case of multiple delivery, the date of the first partial delivery) by notice to be sent by registered letter with acknowledgement of receipt or by e-mail (firstname.lastname@example.org ) provided that it is confirmed by registered letter with acknowledgement of receipt within 48 (forty-eight) hours, at the addresses specified below. The substantial integrity of the item to be returned is an essential condition for the exercise of the right of withdrawal. The right of withdrawal must be exercised once taken vision of the good. Your product or with signs that point out use will void the return policy.
If the buyer decides to exercise the right of withdrawal will be the discretion of the seller to verify the integrity of the product for the purpose of granting refunds.
The notice of withdrawal must be addressed to:
CETMA COMPOSITES srl
C/O Cittadella della Ricerca
S.s. 7 Appia Km. 706 + 030
Tel. + 39 0831 449 413
At the consumer's expense, items can be returned:
a. Shipping by post or courier
b. Returning the goods or the goods physically at our headquarters in Brindisi.
CETMA COMPOSITES srl is not liable for any damage of the goods, incurred during shipment to repay the same.
If CETMA COMPOSITES srl should receive returned items damaged or tampered with, not will refund the amount paid for the purchase of products.
Consequences of cancellation
CETMA COMPOSITES srl will refund the price paid by the consumer, provided that the item has been returned by the consumer, within 30 (thirty) days from the date of receipt of the goods at the premises of Brindisi. The costs and risks related to the return and shipping of the item (s) return are borne by the customer.
Transport costs due to the change of article are depending on the country of destination and are always charged to the customer.
Items must be returned:
- Properly packed in their original packaging, in a perfect state of resale (not ruined, damaged or soiled) and equipped with all the accessories, operating instructions and documentation;
- Bearing the transport document (in original packaging), in such a way that the client identify CETMA COMPOSITES Ltd (order number, name and address);
- Without signs of use.
If the returned item does not conform to the provisions of the preceding paragraph, the withdrawal shall not take effect.
The purchaser may not exercise the right of withdrawal for contracts for the purchase of products made to specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
7. EXCLUSION OF LIABILITY
CETMA COMPOSITES srl is not liable for direct or indirect damages that the customer may suffer as regards the use of the purchased products, including damages for loss of data or delivery delays, or for reasons of force majeure, as well as in the case that the product cannot be subject to maintenance and repair over time once the warranty period.
8. OBLIGATIONS OF THE BUYER
The buyer undertakes, once the online purchase procedure, to print and keep the present general conditions, which, however, has already seen and accepted as binding for the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the conditions laid down in articles. 3 and 4 of legislative decree 185/1999.
The buyer undertakes, whenever a change in the terms and conditions, to provide for their printing and storage.
The buyer is strictly prohibited to enter false, and/or invented, and/or fantasy, in the registration procedure required to activate against the procedure for the execution of this contract and its subsequent communications with email.
CETMA COMPOSITES srl reserves the right to pursue at law any violation or abuse, and protect the interests of consumers.
The customer indemnifies CETMA COMPOSITES srl from any liability for the transmission of incorrect fiscal documents due to errors in the data supplied by the customer, being the customer solely responsible for the correct insertion.
9. WARRANTY, RETURNS AND COMPLAINTS HANDLING
To purchases made by the customer shall apply the rules of law relating to collateral.
The customer can contact CETMA COMPOSITES srl at any time in accordance with the procedures set out in these GTSC. CETMA COMPOSITES srl will examine as soon as possible the requests and to contact the customer to discuss the authorization of return. In case of complaint, CETMA COMPOSITES srl invites the customer to describe in as much detail as possible the nature of the problem and if necessary to transmit a copy of the documents of the order as your receipt, invoice or packing slip copy, and any other relevant information to the correct identification of the claim and the subsequent return to the supplier.
In case of non-conformity of article is attested by our suppliers, we will replace the item. The no case will accept returns received without authorization by CETMA COMPOSITES srl.
Any freight charges for returns and/or products under warranty shall be borne by the customer.
Given the nature of the products sold all requests made will be possible depending on stock availability.
CETMA COMPOSITES guarantees only original CETMA COMPOSITES products purchased directly from CETMA COMPOSITES, or purchased from authorized resellers all over the world.
CETMA COMPOSITES product warranty may vary for each equipment and may vary by model and production year. It is limited to a period of 2 years from the date of purchase of the product by the consumer, unless otherwise specified.
This date must be verified by a valid and original sales document (invoice or receipt) together with the guarantee certificate in which the serial number is indicated. Extended warranty policies not described in this document may apply to certain categories and countries.
Warranty claims are accepted only upon return of the faulty product complete with the warranty certificate filled in its entirety and signed by the Authorized Reseller, and accompanied by a valid and original sales document (receipt or invoice) showing the date of purchase. CETMA COMPOSITES reserves the right to refuse the free service if the requested documentation cannot be provided or if the information is incomplete, illegible or incorrect.
Warranty claims must be submitted to the CETMA COMPOSITES authorized product reseller where the product was purchased within 2 days of detection. The authorized reseller will deliver the product to CETMA COMPOSITES. If the product is within the Warranty Period, as evidenced by the documentation requested above, and it is found to be defective for any reason (other than those listed in the limitations) CETMA COMPOSITES will repair or replace the defective product at its discretion without charging with the exclusion of expenses shipping to CETMA COMPOSITES which is the sole responsibility of the consumer. Please note that the CETMA COMPOSITES distributor / regional reseller has the right to charge handling fees and all other freight and duty charges related to a warranty claim for purchases made outside Italy. CETMA COMPOSITES will refuse warranty service if the product was NOT purchased directly from us or from an authorized CETMA COMPOSITES reseller.
CETMA COMPOSITES reserves the right to replace the claimed product with a similar product of comparable value in case of unavailability of the defective product. All parts of the product or the product that CETMA COMPOSITES has replaced will become the property of CETMA COMPOSITES. Any repaired or replaced product (or part) extends the original warranty beyond the 2-year period for another period equal to the repair / replacement period.
If the product is found not to be covered by the terms and conditions of this warranty, CETMA COMPOSITES reserves the right to charge a handling fee.
DEFECTS NOT COVERED BY THE CETMA COMPOSITES WARRANTY PROGRAM
(Unless otherwise specified in the product warranty document)
Only defects or damage resulting from a material or manufacturing defect are covered by the CETMA COMPOSITES warranty program.
Other defects or damages, especially those listed below, are NOT covered by CETMA COMPOSITES warranty:
• Defects or damage caused by normal use and wear, such as scratches or broken fins in the terminal areas, tips;
• Defects or damage caused by structural overload, unusual or incorrect use in abnormal conditions (blows, tears, falls, bumps, bending with the hands of the fins, or diving from the pool or from the boat with fins, etc.);
• Defects or damage caused by lack of or incorrect maintenance or negligence;
• Known or evident defects or damages at the time of purchase of the product;
• Obvious or tacitly accepted defects that did not interfere with the functioning of the product;
• Defects or damage caused by cleaning materials or other substances containing aggressive chemicals (solvents, surfactants, aggressive detergents, etc.);
• Defects or damage resulting from alterations and modifications made to the products without authorization;
• Defects or damage caused by incorrect assembly of the components;
• Defects or damage caused by prolonged use of the product in chlorinated or polluted water;
• Defects or damage caused by exposing the product to excessive temperatures, fire or prolonged exposure to sunlight;
• All components subject to normal wear on rubber parts, silicone parts, latex, neoprene, hinges, release mechanisms, etc. they are not covered by the warranty unless it can be shown that the problem is a manufacturing defect;
CETMA COMPOSITES does not cover with warranty equipment used for rental, for military, commercial, or for professional use or competitions.
10. DATA PROTECTION
CETMA COMPOSITES srl reserves the right to store the data of each order and customer contact information for the sole purpose of using them for the proper execution of the order (also through the transmission to business partners involved in the management of the payment, in the execution of the order and/or shipping of the article), any warranty claims of the article and/or recommendations or instructions to the customer relating to the article. Storage and processing of data shall take place in accordance with the content of the declaration of protection of personal data issued by CETMA COMPOSITES srl. Notwithstanding the foregoing, any use of the customer's personal information will be subject to the provisions contained in the above declaration of protection of personal data.
11. APPLICABLE LAW, PLACE OF JURISDICTION
These GTSC shall be drawn up in English. The GSTC and the individual contracts shall be governed by Italian law and, therefore, interpreted and executed in compliance with the same, except as expressly waived by them and without prejudice to the application of mandatory rules of law of the place of residence of the consumer. Is expressly excluded the application of the Vienna Convention of 1980 on the international sale of goods (CISG) and any other international agreement or Convention.
In the event of professional contracts or contracts with consumers residing in countries where there is no discipline in favour of the consumer, the Court of the place where CETMA COMPOSITES srl has its registered office shall be competent to settle on an exclusive basis any dispute arising out of or connected with these terms and/or with individual contracts. In any case, it is without prejudice to the right of CETMA COMPOSITES srl of the Court of the place of residence of the customer.
12. REPLACEMENT CLAUSE
If any provision of the present or future GTSC and/or of the contract should be or become entirely or partially ineffective or anything and/or there is a gap in the provisions of the GTSC and/or of the agreement, the remaining provisions of the terms and the contract will remain valid and enforceable in any case. It is understood that CETMA COMPOSITES srl and the customer will undertake to negotiate in good faith the integration of gap or replace the invalid provision and/or ineffective with the aim of achieving the same objectives set out in clause invalid or ineffective and to safeguard the economic substance of the contract.
Pursuant to and for the purposes of articles. 1341 and 1342 of the Italian civil code, the customer hereby expressly approve the provisions present in these GTSC.
These GTSC are intellectual property protected by copyright. Does not allow a partial use by third parties for commercial purposes. Any violations will be prosecuted.
The personal information you provide will be handled by CETMA COMPOSITES srl whose objectives are:
a. Development, compliance with and enforcement of the contract of sale of the products you have purchased or any other contract between the two parties;
b. Respond to your queries and requests;
c. Supply information on products.