Terms of sale

Terms of sale

These conditions of sale govern purchases made remotely through the marineelements.com website and are drawn up in compliance with Legislative Decree 206/2005 (“Consumer Code”), Legislative Decree 70/2003 implementing the EU Directive on Information Society Services (“E-Commerce Directive”) and current legislation.

The marineelements.com website is owned by Cocoon L&R Italia Srl, with registered office in Corso Sommeiller 35, (10128) Turin, VAT number 12353500015, registration in the Turin Company Register, REA N. TO – 1283582, paid-up capital 10,000 Euros, certified e-mail address cocoonitalia@legalmail.it (hereinafter also referred to as the “Company”).

For any clarification and for any complaints, you can contact the Company, also by sending an e-mail to info@marineelements.com.

Art. 1 – DEFINITIONS

– “Company” or “Seller”: means, unless otherwise established, Cocoon L&R Italia Srl.

• “Website” means the marineelements.com website
• “User” or “Visitor”: any person who has access to the Company’s website.
• “Customer” or “Buyer”: the User who purchases, as a consumer, one or more of the products on display through the website.
• “Consumer”: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
• “Parties”: the Company and the Customer.
• “Order”: the purchase request form, completed by the Buyer electronically.
• “Goods”: the products published on the website that the User can decide to purchase.
• “Distance contract”: the contract concerning the goods offered within the online sales system organized by the Company through the website.

 

Art. 2 – SUBJECT

2.1. These conditions of sale govern online purchases of the goods offered on the website.

2.2. Purchases are reserved for adult users who operate as consumers.

2.3. The distance contract is governed by the version of the conditions of sale in force at the time the order is forwarded electronically by the Customer.

Art. 3 – PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT

3.1. All Users who access the website can navigate within it in compliance with the general conditions of use contained in the legal notes published in the footer and consult the goods offered.

3.2. The purchase of one or more of the products promoted through the site is permitted to the user who has reached the age of majority and operates as a consumer, i.e. for exclusively personal purposes, unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

3.3. The products of interest selected by the User are placed in the cart. Once the selection of the goods has been completed, the User displays the cart and can confirm its content or modify it using the commands on the page. Once the contents of the cart have been confirmed, the User can continue with the purchase procedure.

3.4. The purchase requires the provision of some personal data, which the Customer is required to provide using the appropriate form on the site. The processing of such data is carried out according to what is indicated in the privacy information which the user reads during the purchase phase.

3.5. The system requests confirmation of the correctness of the data entered and signals any errors deriving from the omission of mandatory data in the various fields.

3.6. The characteristics of the products that the user intends to purchase are shown in special forms published on the internal web pages, which the customer views during the selection of the goods, before making the purchase with payment of the amount due.

3.7. Prices and goods may undergo variations, without the need for notice, it being understood that those published on the website at the time the order is sent by the Customer will be considered applicable.

3.8. Before confirming the order, the Customer is required to check all the information contained in the order summary form, confirm them or, if they find errors, correct them, through the methods offered on the site itself.

3.9. The Customer can decide to go back if he does not intend to continue with the sending of the order or confirm it, accepting these conditions of sale and clicking on the appropriate button.

3.10. The goods are offered for sale on the basis of the conditions set out in the contract published on the site at the time of the order.

3.11. By submitting the order form, the Customer declares to know and accept the Conditions of Sale and the additional legal information referred to in this document, which can be consulted through the appropriate links inserted for this purpose.

3.12. By sending the order, the Customer sends the Company a proposal to purchase the goods. The order is considered accepted by the Seller when the latter sends the order confirmation to the e-mail address provided by the customer. The Seller will have, at its sole discretion, the right to accept or not the customer’s order without the latter being able to object or complain about anything, for any reason and/or reason. The Seller in particular reserves the right to refuse or cancel an order in case of doubts about the veracity of incomplete or inconsistent personal data or payment defaults already manifested in previous purchases. The communication of refusal or cancellation of the order (by e-mail or telephone) may not be timely and may also occur following subsequent contact by the customer. The customer is required to keep a copy of the order confirmation for any disputes and/or complaints.

3.13. The contract is considered concluded and binding for the parties when the Seller sends the order confirmation to the Customer’s e-mail address, indicated by the same during the purchase.

3.14. The order confirmation – as required by the applicable legislation – will contain a summary of the conditions applicable to the stipulated distance contract, information relating to the essential characteristics of the goods and a detailed indication of the price, means of payment, withdrawal, costs delivery and applicable taxes.

Art. 4 – TIMES, DELIVERY METHODS AND PRODUCT AVAILABILITY

4.1. The Seller delivers the products throughout the national territory and in countries inside and outside the EU. To verify that the country is among those included, you can consult the drop-down menu in the purchase section or contact the Company directly.

4.2. The Seller delivers to the address specified by the Customer when placing the online order.

4.3. The delivery of the products is made by express courier. Delivery is subject to payment and, unless otherwise specified, the delivery costs are charged to the customer. The amount of delivery costs payable by the user is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the cart, in the Order summary and, in any case, before the user proceeds. to the transmission of the order and the payment.

4.4. The shipment takes place within the indicative term of 24-36 working hours on the national territory, 3-4 working days in Europe and 5-6 working days in non-EU countries, barring delays not attributable to the Company. The terms indicated are not of an essential or binding nature and may vary depending on the availability of the products at the Company’s premises; it will be the Seller’s responsibility to keep the Customer informed of the circumstances that may lead to a delay in delivery.

4.5. Unless otherwise agreed between the Parties or except in the cases in which the Seller informs the Customer, also through the product sheets published on the website, of different execution times of the order received, the order transmitted will be processed within the maximum term of thirty days starting from the day following the day on which the Customer sent it.

4.6. There are three delivery attempts made, with the possibility of tracking the shipment. In the event of non-delivery due to the recipient’s absence, the goods will be returned to the Company and the costs will be borne by the Customer.

4.7. The Seller will have the right to split the delivery of the products into different moments, without the Customer being able to object or complain about anything, for any reason and/or reason. 4.8. With the delivery of the goods, the Customer, whether he receives the goods directly or through a third party designated by him, materially takes possession of the products. The risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the Customer when the latter, or a third party designated by him and other than the carrier, physically takes possession of the goods. However, the risk is transferred to the consumer as soon as the goods are delivered to the carrier if the latter has been chosen by the consumer and this choice has not been proposed by the seller, without prejudice to the rights of the consumer against the carrier. 4.9. Upon delivery of the products, the Customer is required to verify that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials. In the event that there is obvious damage to the packaging and/or the product, the Customer may refuse delivery of the products, which will be returned at no cost to the Customer. Once the delivery document has been signed, the Customer will not be able to make any objection regarding the external characteristics of the delivered products.

 

Art. 5 – PRICE AND PAYMENT

5.1. The prices are shown on the web pages that contain the description of the goods, are expressed in Euros (€) and include the Value Added Tax (VAT) in force.

5.2. The Customer takes note of all the specifications relating to the price to be paid before sending the order request with payment obligation.

5.3. The total price resulting at the end of the order is inclusive of shipping costs and any duties to be applied according to current legislation. Any additional charges related to storage services due to non-delivery and consequent non-collection by the Customer are the responsibility of the Customer.

5.4. Any price changes do not apply to orders that have already been confirmed.

5.5. Payment can be made using the methods indicated on the site.

5.6. The system allows the customer to make the payment through the platform of the supplier involved to which he is sent by clicking on the appropriate button which indicates the willingness to place the order and pay.

Art. 6 – RIGHT OF WITHDRAWAL

6.1. As required by the Consumer Code, without prejudice to the hypotheses referred to in art. 59, the Company recognizes the Customer, who purchases the goods in his capacity as a consumer, the right to withdraw from the contract, without having to provide any reason, with consequent reimbursement of the price paid.

6.2. To exercise the right of withdrawal, an explicit declaration (for example a letter sent by post, fax or e-mail) must be sent to the Company within 14 days. To this end, the form attached to these conditions can also be used.

6.3. To comply with the 14-day deadline set by current legislation for withdrawal, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the expiry of the indicated period.

6.4. In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the goods. In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good made up of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – from these appointed and other than the courier – takes possession of the last of the goods, lots or pieces.

6.5. To exercise the right of withdrawal it is necessary to return the products in an intact state of conservation and with the original labels not removed. The packaging of the products must be accurate, in order to safeguard the original wrappings from damage, affixing of writings or labels. The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning.

6.6. The products must be returned within 14 days from the day on which the withdrawal was communicated. The deadline is met if the shipment of the goods takes place before the expiry of the 14-day period. Unless otherwise agreed, the products must be delivered or shipped to the following address:

Via Ezio Vanoni 5,

20037 Paderno,

Dugnano. Milan

IT

6.7. The direct costs of returning the goods will be borne by the Customer.

6.8. In case of withdrawal, all payments made for the purchase will be refunded, with the exception of shipping costs for the delivery of the purchased products.

6.9. The refund will be made using the same means of payment used for the initial transaction, unless expressly agreed otherwise; in any case, the Customer will not have to incur any costs as a result of such reimbursement.

6.10. The refund may be suspended until the goods are received or until the Customer demonstrates that the goods have been shipped.

6.11. If the Customer violates, in whole or in part, the provisions dictated on the subject of withdrawal from these conditions, the Contract will remain valid and effective and the Seller will return the Products unduly returned to the Customer, charging the latter the related costs of shipping.

6.12. The User will not be able to exercise the withdrawal for Products that fall within the cases of exclusion pursuant to art. 59 of the Consumer Code; in particular, the withdrawal is excluded, among others, in the following cases: supply of sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and were opened after delivery.

6.13. For products at a discounted price, no refunds are made but substitutions are possible or the request for a voucher of a value corresponding to the amount paid, to be used later.

Art. 7. – COMPLAINTS

7.1. For any complaint or clarification, the customer must contact info@marineelements.com. The customer will be contacted for clarification within 3 (three) working days of the request.

Art. 8 – PRODUCT CHARACTERISTICS AND WARRANTY

8.1 The essential characteristics of the products are indicated on the website within each product sheet. However, the images and colors of the products offered for sale on the Company’s website may not perfectly correspond to the real ones due to the technology and media used by the Customer for web browsing.

8.2. The Products sold to the customer, in his capacity as consumer, are covered by the legal guarantee of 24 months for lack of conformity, which must be reported to the Seller by the Customer, under penalty of forfeiture, in writing within the term of 2 (two) months from the date of its discovery.

8.3. In the event of a lack of conformity, the Seller shall, without charge to the Customer, replace with other products of the same quality and title available in its warehouses, those delivered products that are damaged or defective, provided that they have been returned by the Customer in the original packaging (complete with all the parts that compose it).

8.4. In the event that, for any reason (for example, due to the product being taken out of the catalogue), the Seller is unable to carry out the replacement, he will refund the entire amount paid by the Customer for the purchase of the product. .

8.5. No damages can be requested from the Seller for any delays in carrying out the replacement.

8.6. If the defect is not covered by the warranty, the Customer will be charged for any verification costs, as well as transport costs.

8.7. Any reports and complaints for product defects can be made by contacting the Company at the addresses indicated in these conditions.

 

Art. 9 – CUSTOMER’S OBLIGATIONS

9.1. The Customer is required to provide all the data requested during the purchase and verify their correctness.

9.2. The Customer has the obligation and responsibility to provide truthful, correct, verifiable and updated data.

9.3. Before submitting the order, the Customer is required to carefully read the information contained in the order summary form and these conditions of sale.

9.4. The Customer is required to pay the price of the goods and to keep a copy of the payment confirmation.

9.5. Once the online purchase procedure has been concluded, the Customer is required to print and keep these general conditions of sale, which have already been viewed and accepted during the phase of concluding the contract.

9.6. The Customer is required to check the integrity of the packaging during the delivery of the goods and to promptly report any damage.

9.7. The Customer who intends to exercise the right of withdrawal for products purchased online is required to adopt the appropriate measures to guarantee their integrity and not compromise their quality and to comply with the terms and methods indicated in these conditions of sale.

Art. 10 – EXPRESS TERMINATION CLAUSE

10.1. In the event of total or partial non-payment of the purchase price of the asset, the Company reserves the right to declare pursuant to and by effect of art. 1456 of the civil code terminated this contract by sending a written communication to the customer’s e-mail address.

Art. 11 – FORCE MAJEURE

11.1. The parties will not be responsible for the delay in performing their obligations, under the contract, if such delay is caused by circumstances beyond their reasonable control. The late party due to force majeure will be entitled to an extension of the terms, necessary to fulfill these obligations.

 

Article 12 – PRIVACY

12.1. The personal data communicated by the Customer are processed in compliance with the provisions of current legislation on the protection of personal data and as specifically indicated in the privacy information submitted to the customer during the purchase phase.

Art. 13 – FINAL CLAUSES

13.1 The Company reserves the right to make changes to these Terms at any time. The Customer must always refer, as the current version, to the text of the Conditions published on the website when placing the order.

13.2 Should one of the clauses of these conditions of sale be declared null or ineffective by the competent authority, the conditions will continue to have full effect for the part not affected by said clause, unless the same constituted an essential and decisive reason for the conclusion of the sale.

13.3 The circumstance that one of the parties does not at any time assert the rights recognized by one or more clauses of these conditions cannot be understood as a waiver of these rights nor will it prevent the subsequent claiming of compliance with each and every contractual clause.

13.4 For anything not expressly provided for in this contract, the provisions of Italian law in force apply.

Art. 14 – COMMUNICATIONS

14.1. 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 are also intended to be sent in writing. For this reason, the Customer is required to verify and update the e-mail address entered during the purchase phase.

Article 15 – LANGUAGE

15.1. The conditions of sale are drawn up in Italian.

Art. 16 – APPLICABLE LAW AND DISPUTES

16.1. These Conditions have been prepared and are governed by Italian law.

16.2. Disputes arising from the interpretation, validity and/or execution of these conditions or relating to them are reserved to the jurisdiction of the Turin court, without prejudice to the consumer court in the applicable case as prescribed by law.

16.3. The Customer has the right to use the platform for the out-of-court settlement of disputes provided by the European Commission, present on the website http://ec.europa.eu/consumers/odr

Date of last update: 13 October 2020