GENERAL CONDITIONS OF ONLINE SALES
1. GENERAL PROVISIONS
1.1 For the purpose of these general conditions:
- “Azimut Yachts” means AZIMUT BENETTI S.p.A, a company based in Viareggio (LU), Via M. Coppino n.104, Italy, C.F. 00986700011 and P.IVA 01390230462
- “Site” means the website store.azimutyachts.com owned by Azimut Yachts and managed by Maior Group srl with registered office in Vicenza (VI), via L. L. Zamenhof 697, registration with the Companies’ Register of Vicenza, tax code 03948440247, VAT no. 03948440247, (hereinafter Maior Group) official licensee of AZIMUT BENETTI S.p.A for the sale of official Azimut branded products through the Site as governed by the license agreement signed between the parties.
1.2 These general conditions of sale apply exclusively between the company Maior Group S.r.l. and the customer who purchases online the products offered on the website store.azimutyachts.com (“Customer”).
1.3 Through your use of store.azimutyachts.com (“Site”) and/or by placing an order through the Site, you agree to these terms and conditions. We therefore urge you to carefully review these terms and conditions before proceeding with an order through the Site.
1.4 In order to purchase through the Site, the Customer must be over the age of majority.
1.5 These terms and conditions of sale may be subject to change, and the date of their publication on the Site shall be equivalent to the date of their entry into force.
2. OBJECT OF THE CONTRACT
2.1 By these general conditions of sale Maior Group sells and the Customer purchases at a distance tangible movable goods indicated and offered for sale at the Site. The contract is concluded exclusively through the Internet network, through the Customer’s access to the specially dedicated section of the Site and the realization of a purchase order, following the procedure provided by the Site.
3. INTELLECTUAL PROPERTY PROTECTION.
3.1 You acknowledge that the text, data, software, photographs, graphics, videos, graphics, music, sounds, images, illustrations, designs, icons, and any other material on the Site are protected by copyright or other intellectual property provisions and are the exclusive property of Azimut Yachts and/or third parties.
Duplication, reproduction, even partial, downloading, saving, communication to third parties, publication or dissemination by any means and more generally any act of disposition or use of the material contained in the Site, in any form, through existing or future media and technologies, is prohibited, unless expressly stated otherwise in the Site or with prior written authorization from Azimut Yachts and/or the respective rights holders.
4. REGISTERED TRADEMARKS
4.1 “AzimutYacht” and “Azimut” are registered figurative and word marks owned by Azimut Yachts, as are the logos used in the Site. Third party trademarks and logos on the Site are the exclusive property of their respective owners.The use or reproduction in any form or manner of such trademarks and logos is prohibited.
5. SITE ACCESS.
5.1 The Customer, in order to access the Site’s sales system, is required to complete the registration procedure in the specially dedicated section. Upon completion of the registration, The Customer will be able to create credentials for authentication, which consist of an identification code (“username”), and a keyword (“password”), both distinct for each individual Customer.
5.2 Username and password must be retained by the Customer and used for each subsequent purchase at the Site.
5.3 Credentials are strictly personal and under no circumstances may they be transferred to third parties. Any purchase is made using the Customer’s credentials will be attributable solely to the Customer. The Customer will therefore be solely responsible for compensation for any damages that Maior Group may suffer as a result of the unlawful transfer of credentials to third parties by the Customer.
6. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
6.1 The contract of sale is considered concluded when Maior Group sends a summary email confirming the order. The aforementioned communication will be sent to the Customer within the working day following the day of completion of the procedure to the email address indicated by the Customer at the time of registration. Similarly, where it is not possible to process the order, Maior Group will send an email of non-confirmation of the order.
6.2 The summary email contains the following information: (i) the Customer’s data; (ii) the order number; (iii) the price of the purchased products; (iv) the shipping costs; (v) the delivery address; (vi) the link to be able to print and store these general terms and conditions on a durable medium.
6.3 The Customer undertakes to verify the correctness of the personal data contained therein and, in case of errors or inaccuracies, to promptly notify Maior Group of any corrections to the dedicated email address storeazimutyachts@maior-group.com.
6.4 Maior Group is committed to providing accurate and truthful product descriptions. However, the photographs of the products on the Site may show some errors, inaccuracies or small differences from the actual products as they do not constitute contractual product but only representative of the product.
7. PRODUCT AVAILABILITY
7.1 The Site offers products in stock at the warehouses of Maior Group and its logistics partners. However, this does not mean that said products are always available. It is Maior Group’s right to discontinue and/or suspend the sale of a product at any time.
7.2 Even after sending the confirmation email referred to in Article 4 above, there may be cases of partial or total unavailability of the goods. In this exceptional case Maior Group will promptly inform the Customer by email to the address communicated by the latter at the time of registration. In case of total unavailability, Maior Group will refund the full amount paid. In case of partial unavailability, the order will be rectified automatically, eliminating the missing product and refunding the relevant price.
8. METHOD OF PAYMENT
8.1 The Customer may purchase through the Site using only the following payment methods:
- Credit Card: in case of payment by credit card, the Customer must proceed to pay for the products using a valid credit card. The actual charge of the purchase will occur upon confirmation of the order. Maior Group reserves the right to verify 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 will therefore have the unquestionable right to refuse the order where such verifications are unsuccessful.
- PayPal: in case of payment through PayPal, the Customer must proceed to pay for the products using a valid account. The actual charge for the purchase will occur upon 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 will therefore have the unquestionable right to refuse the order where such verifications are unsuccessful.
- Bank Transfer: to be made to the current account of Maior Group whose bank details will be communicated after the confirmation of the order by email to the address provided by the customer.
8.2 Maior Group accepts payments in Euro only.
9. PRICES AND SHIPPING COSTS
9.1 The prices shown on the Site are in Euros and include VAT, where applicable. Should the VAT rate undergo changes after the acceptance of the order, the price of the products will be automatically adjusted without any obligation to notify the Customer to that effect.
9.2 Maior Group has the right to change prices at any time. It is understood that the price invoiced to the Customer will be the price indicated on the Site at the time of the order.
9.3 The prices shown on the Site do not include shipping costs which, if any, will be communicated to the Customer at the time of the order summary and before payment is made or, as soon as they are quantified in the event that the above costs cannot be reasonably calculated in advance. Shipping costs vary depending on the place of delivery, size and weight of the order.
9.4 Any incidental charges (e.g. customs clearance costs, customs duties, etc.) shall be borne by the Customer. The amount of these costs will be communicated to the Customer by the competent Authorities, as identified from time to time.
10. DELIVERY
10.1 Maior Group strives to process orders in order of arrival and in the shortest possible time. Product delivery time may vary depending on the delivery location. During periods of the year that see abnormal peaks of activity (e.g., holidays) or in conjunction with unforeseeable events, occasional delays may be expected. In such cases, delivery of the purchased products will take place within a reasonable time, but no later than 30 days after order confirmation. Where the delivery period exceeds 30 (thirty) days from the confirmation of the order and except in cases of delay due to force majeure as referred to in Article 12 below, the Customer shall invite Maior Group to make delivery within the additional period of 10 (ten) days. If Maior Group does not deliver the products at the expiration of the aforementioned additional period, The Customer shall be entitled to cancel the order and receive a refund of the amount paid.
10.2 Delivery charges are indicated when the order is summarized and before the final dispatch of the order.
10.3 If upon delivery the package or envelope appears damaged or opened, the consumer must accept delivery “WITH RESERVE” by requesting a signed proof from the carrier.
11. CONSUMER CUSTOMER
Pursuant to and for the purposes of Legislative Decree 206/2005, the Customer natural person resident in the European Union, who purchases products from the Site for purposes that are not part of his commercial, industrial, handicraft or professional life is considered a consumer (“Consumer Customer”). Maior Group recognizes to the Consumer Customer all the protections set forth in Legislative Decree. 206/2005.
12. – RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER
12.1 For purchases from the Site with a total value exceeding € 50.00 (fifty),Maior Group grants the Customer Consumer the right to withdraw from the purchase contract, without penalty and without specifying the reason, within a period of 14 (fourteen) days from the date of receipt of the products.
12.2 The Consumer Customer who intends to exercise his or her right of withdrawal must notify Maior Group by means of an explicit declaration, which may be sent (i) by registered letter with return receipt addressed to Maior Group S.r.l, via L.L. Zamenof 697, 36100 Vicenza (VI) or (ii) by transmitting the standard withdrawal form pursuant to Article 49, co. 1, lett. h, Legislative Decree 206/2005, the text of which is set forth below, to be filled out and transmitted by email to the following address storeazimutyachts@maior-group.com
Model withdrawal form – pursuant to Article 49, paragraph 1(h)
(Complete and return this form only if you wish to withdraw from the contract)
Maior Group S.r.l.
L.L. Zamenhof Street, 697
36100. Vicenza (VI)
Phone: +39 0444 1872293
Fax: +39 0444 1872293
Email: storeazimutyachts@maior-group.com
I/we (*) hereby give notice of withdrawal from my/our (*) contract of sale of the following goods/services (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of the consumer(s)
(only if this form is served in paper version)
Date
(*) Delete unnecessary wording. “
12.3 If the right of withdrawal is exercised, the Consumer Customer must return the products or deliver them to Maior Group or to the third party authorized by Maior Group to receive them, without delay and in any case no later than 14 days from the date on which it communicated the withdrawal.
12.4 Products must be returned undamaged, in their original packaging, complete with all their parts (including the label). Maior Group reserves the right to refuse the return where the returned products do not conform or are damaged.
In the event that, upon delivery, the consumer receives from the courier the package or envelope that appears damaged or opened, he must accept the delivery “WITH RESERVE” by requesting a signed statement of proof from the courier. In the absence of the declaration of reserve, Maior Group will not be able to accept returns of damaged goods or reintegrate any missing goods.
12.5 Maior Group, having verified the integrity of the returned product, will refund to the Customer Consumer the amount paid at the time of purchase, including delivery costs (standard shipping), within 14 days of notification of withdrawal by the Customer Consumer. Where possible, the aforementioned refund will be made using the same means of payment used by the Consumer Customer for the purchase.
12.6 Maior Group may withhold the refund until it has received the returned products or until the Consumer Customer has demonstrated that it has returned the goods, whichever situation occurs first.
12.7 Return shipping costs are borne entirely by the Consumer Customer.
The Consumer Customer, by accepting these general conditions of sale, declares that he/she has been adequately informed about the conditions, terms and procedures for exercising this right.
13. LEGAL WARRANTY OF CONFORMITY
Maior Group undertakes to deliver products that conform to the sales contract, are suitable for use and comply with the description of the product and its characteristics indicated on the Site. If the products have conformity defects, the Customer shall have the right, without charge, to have the purchased product restored by repair or replacement, at the Customer’s discretion, in accordance with the provisions of Articles 130 and 132 of the Consumer Code, where applicable.
14. MAJOR FORCE.
Without prejudice to Maior Group’s 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 event of force majeure (such as, but not limited to, general strikes, riots, insurrections, earthquakes, cloudbursts) that prevents all or part of the fulfillment of the obligations provided for, Maior Group shall promptly notify the Customer. The occurrence of an event of force majeure shall constitute excusable delay, without prejudice to the Customer’s right to cancel the order in the event of a delay in delivery attributable to force majeure exceeding 60 days.
15. LIMITATION OF LIABILITY OF MAIOR GROUP
15.1 Maior Group assumes no responsibility for any problem arising from facts not attributable to it, such as failure of the Customer’s hardware or software, unavailability of data transmission lines or in general to other facts that result in the impossibility or limitation of the availability of the Internet connection.
15.2 In any case, Maior Group cannot be held liable for damages, losses and costs suffered by the Customer as a result of the non-/late/unsuccessful execution of the supply, the Customer being entitled only to a full refund of any amounts paid by the Customer at the time of purchase.
15.3 The Supplier also assumes no responsibility regarding any fraudulent and unlawful use that may be made by third parties of credit cards (or other means of payment) when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.
15.4 To the extent permitted by law, Maior Group and Azimut Yachts shall not be liable to the Customer or any third party for any direct or indirect damages, or damages of any kind arising out of, or in any way connected with, the use of the Site and any services therein, the delay or inability to use the Site or related services, or any information, content or services obtained through the Site.
15.5 To the extent permitted by law, Maior Group and Azimut Yachts disclaim any liability regarding the consequences arising from possible malfunctioning of the Site and for any damages that may result therefrom, either to the Customer or to any third party.
In no event shall Maior Group and Azimut Yachts be liable to Customer, to parties directly or indirectly related to Customer, and to third parties for any damages, losses, and costs incurred as a result of suspensions or interruptions in the operation and availability of the Site due to force majeure or fortuitous events.
16. CONFIDENTIALITY
16.1 All information and data relating to the products and obtainable through access to the Site as well as through their purchase shall be deemed confidential. Any reproduction by the Customer, not previously authorized, of drawings and documents shown on the Site is expressly prohibited.
17. MODE OF STORAGE
Pursuant to Article 12 of Legislative Decree No. 70/2003, each order submitted is stored in paper form at Maior Group’s headquarters in compliance with applicable confidentiality and security criteria.
18. COMMUNICATIONS
Any communication with Maior Group may be in written form by sending e-mail communications to the following address: storeazimutyachts@maior-group.com.
19. INTEGRALITY
These general terms and conditions of sale shall consist of the totality of clauses comprising them. In the event that one or more of the provisions of these general conditions of sale, which is not of fundamental importance, is deemed invalid or unenforceable, the validity or enforceability of the other provisions of these general conditions of sale shall not be affected
20. PREVALENCE CLAUSE
In the event of any conflict of interpretation between these general terms and conditions drafted in the Italian language and their translation, the Italian version shall prevail.
21. APPLICABLE LAW AND PLACE OF JURISDICTION
21.1 These general conditions of sale as well as the individual online purchases made by the Customer through the Site shall be governed exclusively by Italian law.
21.2 Any and all disputes, including interlocutory and conservatorship disputes, relating to the interpretation, performance or termination arising out of, resulting from or in connection with the Contract shall be devolved, exclusively,
(i) in the case of a Consumer Customer, resident in the territory of Italy, to the Court of residence or domicile of the Consumer Customer;
(ii) in case of Non-Consumer Customer or Consumer Customer not resident or domiciled in the Italian territory, to the Court of Vicenza.
* * *
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the following articles are expressly approved by the Customer: art. 13 (Limitation of liability Maior Group); art. 19.1 (Applicable law); art. 19.2 (Competent court).
[ ] I ACCEPT THE CONDITIONS UNDER ARTICLES 1341 AND 1342 OF THE CIVIL CODE.