GENERAL TERMS AND CONDITIONS OF ONLINE SALE
1. GENERAL PROVISIONS
1.1 For the purposes of the present General Terms and Conditions of Online Sale:
- "Azimut Yachts" means AZIMUT BENETTI S.p.A, company based in Viareggio (LU), Via M. Coppino no. 104, Italy, C.F. 00986700011 and VAT number 01390230462
- "Website" means the website store.azimutyachts.com, owned by Azimut Yachts and managed by Maior Group srl, company with registered office in Vicenza (VI), via Divisione Folgore 5b, registered in the Commercial Register of Vicenza, C.F. 03948440247, VAT number n. 03948440247, (hereinafter Maior Group) official licensee of AZIMUT BENETTI S.p.A for the sale of official Azimut branded products through the Site, in execution of the license agreement entered into between the parties.
1.2 The present General Terms and Conditions of Online Sale (“T&C”) enter into between Maior Group S.r.l. and who purchases online the products offered on the website store.azimutyachts.com ("Client").
1.3 Using the Website and/or placing an order through the Website, the Client accepts the present T&C. We therefore invite you to carefully examine them before proceeding with an order through the Website.
1.4 In order to purchase through the Website, the Client must have reached the age of 18 (eighteen).
1.5 The present T&C may be subject time to time to amendments and modifications; such amendments shall be deemed into force upon publication on the Website.
2 SUBJECT OF T&C
2.1 With the present T&C Maior Group sells and the Client remotely purchases the products indicated and offered for sale on the Website. The contract is exclusively an online agreement; Client has to access to the Website and place his/her order in accordance to the procedure provided by the Website.
3. PROTECTION OF INTELLECTUAL PROPERTY.
3.1 The Client acknowledges that the texts, data, software, photographs, charts, videos, graphics, music, sounds, images, illustrations, drawings, icons and any other material present on the Website are protected by copyright or other intellectual property provisions and are in the exclusive property of Azimut Yachts and/or third parties.
Duplication, partial reproduction, downloading, saving, communication to third parties, publication or diffusion by any means and, more generally, any act of disposal or use of the material contained in the Website, in any form, through media and technologies existing or to be developed in the future, are strictly forbidden, unless expressly stated otherwise in the Website or authorized in writing by Azimut Yachts and/or by the rights holders.
4. REGISTERED TRADEMARKS
4.1 "Azimut Yacht", "Azimut" and the logos used on the Website are registered trademarks owned by Azimut Yachts. Other trademarks and logos attributable to third parties and shown on the Website are exclusive property of their respective owners. Use or reproduction in any form and manner of these trademarks and logos is strictly prohibited.
5. ACCESS TO THE WEBSITE
5.1 Registered Clients only can finalize orders on the Website. Therefore, each Client is required to complete the registration procedure in the dedicated section of the Website. Upon the completion of registration procedure, Client can create the authentication credentials, which consist of an identification code ("username"), and of a password ("password"), both distinct for each Client.
5.2 Client undertakes to keep the authentication credentials strictly confidential and to use them for each subsequent purchase on the Website.
5.3 The credentials are strictly personal and in no case may be transferred to third parties. Any purchase made using the Client's credentials will be attributable exclusively to the latter. The Client will therefore be the solely responsible for compensation of any damages that Maior Group may have suffered due to the illegal transfer of credentials to third parties by the Client.
6. CONCLUSION AND EFFECTIVENESS OF T&C
6.1 Maior Group will send to Client an email containing the summary of the order placed. Upon the receipt of the summary email, the order will be deem concluded. The aforementioned communication will be sent to the Client within a working day from the completion of the purchase procedure, to the email address indicated by the Client at the time of registration. Otherwise, whether the order cannot be processed, Maior Group will send an email not confirming the order.
6.2 The summary email contains the following information: (i) Client data; (ii) the order number; (iii) the price of the products purchased; (iv) shipping costs; (v) the delivery address; (vi) a link to a printable version of the present T&C.
6.3 The Client undertakes to verify the correctness of the personal data contained therein and, in case of errors or inaccuracies, to promptly notify to Maior Group by emailing the dedicated email address email@example.com any mistake or inaccuracy revealed within the communication.
6.4 Maior Group undertakes to provide an accurate and truthful description of the products. However, photographs of the products on the Website are only a representation of the products and therefore may contain errors, inaccuracies or small differences compared to real products.
7. AVAILABILITY OF PRODUCTS
7.1 The Website only offers products Maior Group have in stock. However, the inclusion of the products on the Website does not mean that the products will be available at any time. Maior Group reserves the right to discontinue, interrupt and/or suspend the sale of any product at any time.
7.2 Some products may become partially or totally unavailable further to the receipt by Client of the order confirmation as under art. 4 above. In such an exceptional case, Maior Group promptly informs on the unavailability the Client by email at the address provided by the latter at the time of registration. In case of total unavailability, Maior Group will reimburse to Client the amount paid in full. In case of partial unavailability, the order will be corrected automatically, eliminating the missing product and reimbursing the relevant price.
8. PAYMENT METHODS
8.1 The Client may purchase through the Website in the ways set forth below:
(i) Credit card: in case of payment by credit card, the Client must use a valid credit card. The price of the order is charged upon order confirmation. Maior Group reserves the right to check the validity of the credit card used for payment, as well as the presence of available funds, sufficient to satisfy the payment of the order. Maior Group has the unquestionable right to refuse the order depending on the results of these checks.
(ii) PayPal: in case of payment via PayPal, the Client must use a valid account. The price of the order is charged at the confirmation of the order. Maior Group reserves the right to verify the presence of available funds, sufficient to satisfy the payment of the order. Maior Group has the unquestionable right to refuse the order depending on the results of these checks.
(iii) Wire Transfer: to be made on Maior Group's bank account; bank details will be communicated to Client by email upon confirmation of the order.
8.2 Maior Group only accepts payments in Euros.
9. PRICES AND SHIPPING COSTS
9.1 The prices displayed on the Website are expressed in Euro and include VAT, if applicable.
If the VAT rate applicable on the order is changed after the order has been made, the change will be automatically reflected in the price of products without the Client being notified.
9.2 Maior Group is entitled to change prices at any time. It is understood that the price invoiced to the Client will be the one indicated on the Website at the time of ordering.
9.3 The prices indicated on the Website do not include shipping costs which, if applicable, will be communicated to the Client at the time of the order check out, before the payment is made or, in the only case the aforementioned expenses cannot be reasonably calculated in advance, as soon as are quantified. Shipping costs vary depending on the place of delivery, size and weight of the order.
9.4 Any additional charges (e.g. customs clearance costs, customs duties, etc.) will be charged to the Client. The amount of the aforementioned costs will be communicated to the Client by the Authorities competent time to time.
10.1 Maior Group undertakes to process orders in order of arrival and as soon as possible. The delivery time of the products may vary depending on the place of delivery. Occasional delays may occur during periods of the year that experience abnormal peaks of activity (e.g. Christmas time) or in conjunction with unpredictable events. In this case the delivery of the purchased products will take place within a reasonable time and in any case no later than 30 days from the order confirmation. Where the delivery period exceeds 30 (thirty) days from the order confirmation and except for delay due to force majeure as per art. 12 below, the Client shall invite Maior Group to proceed with the delivery within the additional period of 10 (ten) days. If Maior Group does not deliver the products within such additional term, the Client has the right to cancel the order and obtain the refund the amount paid.
10.2 Shipping costs are communicated to Client at the time of the order summary and before the final transmission of the order.
Within the meaning and for the purposes of Legislative Decree no. 206/2005, each individual residing in the European Union, who purchases the products on the Website for purposes extraneous of his commercial, industrial, artisanal or professional life shall be considered a consumer ("Consumer"). Maior Group grants to the Consumer all rights and protections under Legislative Decree 206/2005.1
12. RIGHT OF WITHDRAWAL OF CONSUMER
12.1 Consumer is entitled to withdrawal from the contract within the term of 14 (fourteen) days from the date of receipt of the products, without penalty and without specifying the reason of withdrawal. Consumer is entitled to such a right for orders with a total value of more than Euro 50 (fifty).
12.2 The Consumer who intends in exercise the right of withdrawal must communicate it to Maior Group through an explicit declaration, which can be transmitted (i) by registered letter addressed to Maior Group S.r.l., via Divisione Folgore 5b Vicenza (VI) or (ii) transmitting the withdrawal form ex art. 49, co. 1, lett. h, D.Lgs. 206/2005, reported below, to be completed and sent by e-mail to firstname.lastname@example.org
Withdrawal form – ex article 49, paragraph 1, lett. h)
(to be filled and returned only if you wish to cancel the contract)
Maior Group S.r.l.
via Divisione Folgore 5b
Telephone: +39 0444 1620652
Fax: +39 0444 1620601
With the present I / we (*) notify the withdrawal from my / our (*) contract of sale of the following goods / services (*)
Ordered (*) / received (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s)
(only if this form is served on paper)
(*) Delete the useless wording. "
12.3 In case of exercise of the right of withdrawal, the Consumer is required to return the products to Maior Group or to the third party expressly authorized by Maior Group to receive them, without delay and in any case no later than 14 days from the date in which Consumer has communicated the withdrawal.
12.4 The products must be returned intact, in their original packaging, complete with all their parts (including the label). Maior Group reserves the right to refuse returns where the returned products are damaged or not compliant.
12.5 Maior Group, once verified the integrity of the returned product, will reimburse the amount paid at the time of purchase to Consumer, including delivery costs (standard delivery), within 14 days from the Consumer's communication of withdrawal. Where possible, the aforementioned reimbursement will be made using the same payment method used by the Consumer for the purchase.
12.6 Maior Group may withhold reimbursement until has received the returned products or until the Consumer has shown that he/she has returned the goods, whichever situation occurs first.
12.7 The return shipping costs are entirely borne by the Consumer.
The Consumer, by accepting these T&C, declares to have been adequately informed about the conditions, terms and procedures for exercising his/her right of withdrawal.
Maior Group undertakes to deliver products complying with T&C, suitable for use and conform to the description of the product and its characteristics indicated on the Website. If the products show conformity defects, the Client will be entitled, without charge, to obtain the restoration of the product purchased by repair or replacement, at the discretion of the Client, in accordance with the provisions under Articles. 130 and 132 Consumer Code, where applicable.
14. FORCE MAJEURE
Without prejudice to the Maior Group obligation to process the order and perform the related obligations with the utmost punctuality and diligence, it is understood that upon the occurrence of any force majeure event (such as, by way of example, general strikes, riots, insurrections, earthquakes, storms) which prevent Maior Group from a total or partial fulfilment of his obligations, Maior Group will have to promptly notify the Client. The occurrence of an event of force majeure constitutes a hypothesis of excusable delay, without prejudice to the right of the Client to cancel the order in case of delay in delivery due to causes of force longer than 60 days.
15. LIMITATION OF LIABILITY
15.1 Maior Group shall not be held liable for any issue may arise from or during the use of the Website, not directly or indirectly attributable to Maior Group, such as failures of Client's hardware or software, unavailability of data transmission or, in general, for any other fact that determine the impossibility or limitation of the availability of internet connection.
15.2 In any case, Maior Group cannot be held responsible for any damages, losses and costs the Client may incur resulting from the failed/delayed/incorrect execution of the supply, being understood that the Client may be only entitled to the refund of the amounts paid at the time of the purchase.
15.3 Maior Group does not assume any responsibility for any fraudulent or illegal use of credit cards (or other means of payment) by third parties in connection with the payment of the purchased products, if it proves to have taken all possible precautions based on the best science and expertise and on the basis of ordinary diligence.
15.4 In the limits permitted by law, Maior Group and Azimut Yachts cannot be held responsible for direct or indirect damages, or for damages of any kind arising from, or in any way connected to, the use of the Website and it services, the delay or inability to use the Website or its services, or any information, content or service obtained through the Website. Such limitation of liability applies to Client and any third party.
15.5 In the limits permitted by law, Maior Group and Azimut Yachts declined all responsibility for any consequences deriving from possible malfunctions of the Website and for direct or consequential damages that may arise, both towards Client and any third parties.
In no case will Maior Group and Azimut Yachts be liable to Client, to any party - directly or indirectly connected to the Client - and to any third party, for damages, losses and costs incurred as a result of suspensions or interruptions in the operation and availability of the Website due by force majeure or by chance.
16.1 All information and data relating to products and obtainable through the Website or the purchase of the products shall be considered strictly confidential. Client shall refrain from any unauthorized reproduction of drawings, software or documents listed on the Website. All those actions are expressly prohibited.
17. ARCHIVING METHODS
In accordance with article 12 of Legislative Decree n.70 / 2003, Maior Group keeps on durable support a copy of each order summary sent to Client. Such activity is run in compliance with the applicable privacy and security requirements.
Any communication to Maior Group shall done by e-mail to the following address: email@example.com.
19. ENTIRE AGREEMENT AND SEVERABILITY
These T&C comprise all the clauses herein. No forbearance in relying on a clause of these T&C at any time will constitute a waiver of the right to subsequently rely on those clauses. If one clause is invalid, the other clauses will remain valid.
20. TRANSLATION (PREVAIL CLAUSE)
In the event of a conflict between the Italian version of T&C and the translated English version, the Italian version shall prevail.
21. APPLICABLE LAW AND JURISDICTION
21.1 The present T&C and the individual online purchases made by the Client through the Website are governed by Italian law.
21.2 Any and all disputes, even of a precautionary and conservative nature, may arise out of or in connection with the interpretation, execution or withdrawal of the present T&C, deriving from, resulting from or connected to the present T&C, will be submit to the exclusive jurisdiction
(i) of place of residence or domicile of the Consumer in the case of Consumer, residing in Italy;
(ii) of the Court of Vicenza, in the case of a non-consumer Client or a Consumer not resident or domiciled in Italy.
* * *
As per Applicable Law and according to articles 1341 and 1342 of the Italian Civil Code, the Client specifically approves the following clauses: art. 13 (Maior Group liability limitation); art. 19.1 (Applicable law); art. 19.2 (Jurisdiction).
 I ACCEPT THE CONDITIONS EX ARTT.1341 AND 1342 C.C.