TERMS AND CONDITIONS
GENERAL CONDITIONS OF SALE
1. Online purchasing: definitions and subject matter of the contract
1.1 The supplier of the products is C&S DIVE-SPORTS GmbH, Draupromenade 25, 9500 Villach, Austria, VAT no. ATU67719659, code EORI ATEOS100005309.
1.2 The term "Site" refers to the website www.audaxpro.com reserved for the sale of AUDAXPRO products.
1.3 "Online" sales contract means 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 Client, within a distance sales system organized by the supplier who, for this contract, uses exclusively the distance communication technology - called "internet".
1.4 All contracts, therefore, will be concluded directly through the access by the Customer to the website www.audaxpro.com where, following the procedures indicated, the contract for the purchase will be concluded.
1.5 A Client is defined as a natural person who purchases goods and services for purposes not directly related to his or her professional activity.
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 for sale on the Site, based on 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" from now on "the Company" and from now on "the Buyer" or "the Customer".
2. Applicable regulations
2.1 Purchases made on the website www.audaxpro.com are regulated by these General Conditions of Sale, as well as by the conditions from time to time indicated on the aforesaid website at the date of conclusion of the contract (price list, type, technical characteristics), as well as by the provisions of Legislative Decree no. 206/ 2005 regarding consumer protection (articles 45 - 68 regarding distance contracts and articles 128-135 regarding guarantees on the conformity of goods), as well as by the provisions of Legislative Decree no. 70/2003 regarding e-commerce.
2.2 These General Terms and 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 Terms and Conditions of Sale and the information described herein, printing them or saving them on another durable and accessible medium.
2.3 The sending of the order by the Customer is valid as acceptance of the General Conditions of Sale in force, understood as those published on the website www.audaxpro.com at the time the order is sent by the Customer.
2.4 The items on the site can only be purchased by those who are over the age of eighteen.
3. Obligations of the Customer
3.1 The Customer undertakes, once the on-line purchase procedure has been completed, to print and preserve 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 terms and conditions may be updated or modified at any time by the Company, which will communicate them by publishing a notice on the website. The consumer undertakes and obliges, whenever there is a modification of these general conditions, to provide for their printing and conservation.
3.3 It is forbidden for the purchaser to enter false and/or invented and/or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; personal data and e-mails must be exclusively his real personal data and not of third parties or fictional data.
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 arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, the Customer being solely responsible for the correct entry.
4.1 The prices indicated on the website www.audaxpro.com are expressed in euros, are inclusive of VAT as well as any other taxes and duties and refer only to products sold online.
4.2 The price applied will be the price in force at the time of the order, regardless of any subsequent price increases or decreases (e.g. due to subsequent promotions).
4.3 The Company reserves the right to change the prices of the products without notice: any new amounts will be in force from the moment they are published on the website www.audaxpro.com and will be applied to sales made from that moment.
4.4 Shipping costs must be added to the price, where applicable. The shipping of the GAV is carried out completely free of charge. The shipping costs of all other categories on the site are, however, borne by the customer and will be calculated based on weight, quantity of products and destination of the order; in case of delivery abroad will be borne by the customer any additional costs due to taxes or duties provided by the regulations in force in the country of destination.
4.5 The total amount of the order (price + shipping costs) will be visible before confirming the purchase.
4.6 The fiscal documentation will be issued by the Company at the time of delivery of the products: the same will indicate in detail the products purchased and their prices.
5. Product features and availability
5.1 The characteristics of the products are those visible online at the time the order is placed.
5.2 The Company shows the products as truthfully and accurately as possible; the colours, as well as the other aesthetic and technical characteristics of the displayed product may however be subject to 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, will be reproduced on the screen in a perfectly satisfactory manner.
5.3 The type of products published online and their availability (this is to be considered non-binding) may change at any time without any liability on the part of the Company.
5.4 Usually, from receipt of the order by the customer, it takes 1/2 working days for the preparation and shipment of products already available and 10 working days for configurable and customizable products, such as GAV.
6. Contract stipulation and orders
6.1 The purchase contract is concluded exclusively on-line, 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 undertakes, once the on-line purchase procedure has been completed, to print and store these General Conditions of Sale as well as the specifications of the purchased product 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 with the order confirmation in which the order details will be summarized: the Customer is invited to print the e-mail and keep it.
6.4 The contract shall be deemed concluded when the Customer receives the order confirmation.
6.5 If the Customer does not receive an order confirmation within the above mentioned period, the order shall be considered as not accepted by the Company and therefore ineffective.
7. Methods of payment
7.1 Once the order has been finalized, the Customer may pay the price as follows, indicating the order number in the reason for the order;
- Credit card: during the purchase process the appropriate card will be chosen (Visa, Visa Electron, Maestro, MasterCard, Aura, JCB, and America Express) and the required 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. Your account will be debited upon completion of your order. If you are already registered on PayPal, you must log in with your account credentials, otherwise to register a new PayPal account, please visit www.paypal.com.
7.2 As orders may only be placed by adults, the Company shall not be liable for orders placed by minors without parental permission.
7.3 The order will be shipped upon receipt of payment and according to the time established in the shipping policy.
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 credit card purchases, each order will be requested to enter the CVV code. Thanks to this security system, the Customer's credit card details will be totally illegible to third parties.
9. Shipping and Delivery
9.1 The Company is not obliged to ship the products until it has received full payment of the price.
9.2 Usually, from receipt of the order by the customer, it takes 1/2 working days for the preparation and shipment of products already available and 10 working days for configurable and customizable products, such as GAV.
9.3 Once the shipment has been made, the Customer will be provided with the tracking number and the link where the shipment can be checked.
For the purposes of calculating the delivery date, the Customer must also consider the time the courier needs, which may vary depending on a number of factors, some of which cannot be controlled by the Company.
It is important, when placing an 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 its processing. Furthermore, the Customer will always have to specify at least one telephone reference (landline or mobile phone number) as, if the courier is unable to make the delivery, it will contact the Customer, agreeing on a new date according to the Customer's needs.
9.4 The couriers used for shipping are DPD for Italy, Austria and Germany and Österreichische Post AG for the rest of the world.
9.5 SAGs are shipped free of charge to all countries in the world.
9.6 Shipments of all other categories on the site are subject to payment according to the tariffs of the various countries.
9.7 In the event that the Customer's data indicated in the order is incomplete or otherwise inaccurate (so as to make delivery impossible), it will be the responsibility of the Customer to verify the completeness and accuracy of the same through the order confirmation that will receive by e-mail and contact the Company at this address [email protected]
9.8 The Company shall not be liable for any delays attributable to the courier's fault.
9.9 It is very important that the Customer ensures that the goods received are not damaged and that the box or envelope is intact. The Customer must not accept damaged shipments (open or visibly damaged box/bag). If this were to happen, the Customer would have implicitly accepted the receipt of an intact shipment. If the shipment is damaged and not accepted, the Customer must contact the company and inform it of the situation at this e-mail address [email protected]
10. Contract Resolution and Express Resolutive Clause
10.1 The Company has the right to terminate the 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 amount already paid.
10.2 The obligations assumed by the Customer under Article 3 (Obligations of the Customer), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in Article 7, are essential, so that by express agreement, the failure by the Customer to fulfil only one of these obligations will result in the termination of the contract under Article 1456 Civil Code, without the need for judicial decision, without prejudice to the right for the Company to take legal action for compensation for further damage.
10.3 The Company reserves the right, as a result of any logistical and/or technical and/or organizational difficulties, to cancel the order by notifying the Customer by e-mail within 30 days from the day after the Customer placed the order: in this case the Customer will not be entitled to any compensation for damages, without prejudice to the right to reimbursement 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. Please send an e-mail with the reason for the return (please attach pictures if it is a visible defect) and the serial number of the product to [email protected]
2. Wait for the return confirmation email from the Company.
11.3 Returned items must be in perfect condition without any 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 fault, the company will book the pickup via DPD courier for Italy, Austria and Germany. For all other countries in the world, the customer will send the return shipment via the postal service of their country and the company will reimburse the expense once they have received a copy of the receipt by e-mail.
In case of return for aesthetic reasons, the shipping cost is charged to the customer.
12.1 The refund of the amount spent will be made within 15 working days of receipt of the return confirmation email and depends on the payment method chosen at the time of purchase:
1) payment by PayPal: the transfer will be made directly through 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 on your account depends on the bank and the currency days of the 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 receiving the goods and checking that all requirements are met
have been respected.
12.3 The refund does not include the cost of transporting the goods for the subsequent return.
13. Guarantees and Responsibilities
13.1 The Company accepts no responsibility for inefficiencies attributable to force majeure and/or fortuitous events such as accidents, theft and/or robbery of the courier in charge of 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 in the agreed time and manner.
13.2 The Company shall not be liable to any party for damages, losses and costs incurred as a result of failure to perform the contract for the causes mentioned above, the consumer being entitled only to a refund of the price paid.
13.3 Similarly, the Company shall not be liable 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 from any flaw/defect. Should the Customer in any case find a flaw/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 no. 206/2005 - Consumer Code).
13.5 More generally, the Customer is entitled to the rights of the consumer pursuant to art. 130 of Legislative Decree no. 206/2005; these rights must be exercised within the terms of art. 132 of the same Legislative Decree no. 206/2005.
14. Limitations of Liability
14.1 The Company does not assume any responsibility if, by chance or force majeure, it is unable to execute the order within the time limits set forth in art. 6.3 above or if any further inefficiency occurs.
14.2 The Company shall not be liable to the Customer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet network and outside the Company's control and management power.
14.3 The Company shall also not be liable for damages, losses and costs incurred by the Customer as a result of failure to perform the contract for reasons not attributable to the Company, the Customer being entitled only to a full refund of the price paid.
14.4 The Company shall not be liable for any fraudulent or illegal use that may be made by third parties, credit cards, cheques and other means of payment, when paying for the products purchased, if it can prove that it has taken all possible precautions based on the best knowledge and experience at the time.
15. Applicable Law - Jurisdiction
15.1 Contracts entered into with the Company shall be deemed to have been concluded in Austria and shall be governed by Austrian law. Any dispute relating to the application, execution, interpretation and breach of purchase contracts concluded "online" via the website www.audaxpro.com shall be subject to Austrian jurisdiction.
15.2 These general conditions refer to the provisions of the Consumer Code, to the extent not expressly provided for therein.
15.3 Any dispute between the parties regarding this contract shall be subject to the jurisdiction of the court in whose district the consumer has his residence or domicile if located in the territory of the Austrian State;
15.4 In all other cases the territorial jurisdiction is exclusively that of the court of Villach, excluding any competing court.
16.1 By filling in the personal data sheet, in the purchase procedure, necessary to activate the procedure for the execution of this contract and the related further communications, the Customer authorizes "C&S DIVE-SPORTS GmbH" to communicate personal data (as defined ex art.7 GDPR 2016/679) to the couriers and/or forwarders of trust for the delivery of the purchased goods in order to allow the necessary procedures for their delivery.
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 (text, images and graphics).
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 matter 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.
20.1 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, shall also be deemed to be in writing.
20.2 Communications regarding the validity or existence of this agreement shall be exclusively delivered by hand or sent by registered letter with acknowledgement of receipt.
21. Invalidity AND/OR Ineffectiveness
21.1 The invalidity and/or ineffectiveness, even if one of these conditions occurs, shall not affect the validity or effectiveness of the others. The condition that should be considered or become invalid or ineffective, in whole or in part, for any reason whatsoever: (a) will be considered separable from the context of these conditions of sale without affecting their validity; (b) if the context is possible, it will be deemed to be replaced (if necessary only as regards the country involved) by a different valid and effective agreement or provision whose content is as close as possible to that which has become or is considered invalid or ineffective).
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 products)
Art. 5.3 (no responsibility on the Company for changes in products and their availability)
Art. 3.1 and 3.6 (obligation of the Customer to print and keep the General Conditions of Sale as well as the specifications of the purchased product provided on the site at the end of the online purchase procedure).
Art. 6.4 (time of conclusion of the contract)
Art. 6.5 (failure to conclude the contract in the event of failure to receive the order confirmation from the Customer)
Art. 7.4 (right of the Company to cancel orders)
Art. 7.1 (obligation of the Customer to pay the price before shipping the products)
Art. 9.1 (right of the Company not to proceed with the shipment of the products until it has received the full payment of the price)
Art. 10.1 (right of the Company to terminate the contract by simply notifying the Customer with adequate and justified reasons)
Art. 10.2 (essential nature of the Customer's obligations)
Art. 10.3. (right of the Company to cancel the order)
Art. 9.10 (absence of responsibility on the Company in case of delays attributable to the courier's fault).
Art. 9.10 first part (obligation of the Customer to verify that at the time of delivery that the package is intact, not damaged or wet or otherwise altered even in the closing and correct delivery in case of failure to reserve)
Art. 9.10 second part (obligation of the Customer to verify that at the time of delivery the products correspond to what is indicated in the transport document and / or invoice both in number and type and immunity from defects / defects in case of failure to reserve)
Art. 11.1 (right of withdrawal and exercise period)
Art. 11.3 (procedures for exercising the right of withdrawal)
Art. 11.2 (obligation of the customer to return the product intact, in its original packaging, complete in all its parts, within and no later than the deadline of gg. 10 from the date of sending the notice of withdrawal)
Art. 12.2 and 12.3 (deadline for reimbursement of sums paid by the customer)
Art. 12.4 (no replacement of the product)
Art. 12.5 (obligation of the customer to bear the cost of returning the product)
Art. 14.1 (lack of responsibility of the Company if, by chance or force majeure, the Company is not able to execute the order within the time limits provided for by art. 6 point 3 or if any further inefficiency occurs)
Art. 14.2 (lack of responsibility of the Company for inefficiencies or malfunctions related to the use of the Internet and outside the Company's control and management power)
Art. 13.2 (lack of responsibility of the Company for damages, losses and costs incurred by the Customer as a result of failure to perform 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, credit cards, checks and other means of payment, when paying for the products purchased, if you can prove that you have taken all possible precautions based on the best science and experience of the moment).
Art. 15 (applicable law)
Art. 21 (invalidity and/or ineffectiveness of clauses)