Terms and Conditions of Use
1. About these Terms and Conditions
1.1 In this text, "we" means Societa Agricola Fuori Mondo di Olivier Paul Morandini & Cie and "you" means you, the customer. These Terms and Conditions together with your Order Confirmation constitute the Contract between us and you for the supply of the Products. No other terms or conditions shall apply. The Contract may not be modified except by prior written agreement or by e-mail.
1.2 Societa Agricola Fuori Mondo di Olivier Paul Morandini & Cie reserves the right, at its sole discretion, to limit the quantity of orders and to refuse or cancel orders exceeding such limit.
2. Placing an Order
2.1 To place an Order, you must be of legal age and be reachable by landline and/or mobile phone and have an e-mail address.
2.2 When placing an Order, we will assign you an Order Number via the Website :www.fuorimondo.com.
2.3 By placing an Order you are making a proposal to purchase the chosen Goods based on these Terms and Conditions. We shall be free to accept or reject such proposal.
2.4 If the Order is accepted, we will notify you of the acceptance by issuing an Order Confirmation which will be sent to you by e-mail. The Order Confirmation shall be effective as soon as it is sent. If the Order is not accepted, we will contact you by e-mail.
2.5 Although we will use our best endeavours to supply the Goods set out in the Order Confirmation, we may not be able to supply these Goods or the order may not be valid due to a clerical error in the price indication on the Website Societa Agricola Fuori Mondo di Olivier Paul Morandini & Cie. If any of the above occurs, we will contact you to inform you and propose alternative Products for you to purchase. In the event that you decide not to accept our proposals we will cancel your Order in respect of the Products that we are unable to supply and refund to you the amount paid by you in respect of your Order. In the event that we are unable to deliver the Goods ordered by you, our liability shall not extend beyond a refund to you of the amount paid by you.
2.6 Information contained in our advertising materials, brochures, other promotional materials, on our websites or provided to you by our agents or employees constitutes an invitation to negotiate. None of such information shall be considered as an offer to supply products.
3. Supply of Products
The supply of the Products indicated in your Order Confirmation shall be carried out under the following Terms and Conditions.
4.1 The Price of the Products will be as set out in the Order Confirmation.
4.2 VAT will be payable at the rate indicated in your Order Confirmation.
4.3 Delivery costs, where applicable, will be indicated in the order confirmation.
5. Methods of payment for the Products
5.1 The Products purchased may be paid according to the methods highlighted in the payment section of the Website Societa Agricola Fuori Mondo di Olivier Paul Morandini & Cie.
5.2 Payments shall be made in legal tender as indicated in the order confirmation.
5.3 If payment is made by paypal, credit card, cheque, bank transfer or post giro, you will receive a request for payment. The manufacture and supply of the Products as well as the performance of the Services on your behalf shall take place once your payment has been made. If we do not receive payment in cleared funds within thirty days of placing your Order, your Order will be cancelled.
6. Shipping and Delivery of Goods
6.1 Delivery of the Products is deemed to take place within the territory of the Italian Republic. Should the delivery be requested outside the territory of the Italian Republic, the Company reserves the right to request special services to carry out the delivery (customs duties, additional expenses, etc.) and in any case reserves the right to refuse the order.
6.2 Without prejudice to the provisions of point 6.1 above, delivery of your Products shall be made to the address indicated in your Order Confirmation or to the reference retailer indicated by you.
6.3. We will use all reasonable endeavours to manufacture your Products within 14 days from the date of issue of the Order Confirmation. Estimated lead times are shown next to the Product. Estimated times at the time the Order is placed are for Product manufacture only and are not equivalent to delivery times. Any deadlines for delivery of the Products communicated by us shall be deemed to be non-essential and in any case in our favour and shall not cause us to be in default.
6.4 Title to and risk of loss in your Products will pass to you upon delivery of the Products to the carrier.
6.5. Upon delivery of the Products to our carrier, we will send you a shipment confirmation by e-mail. In any event, the delivery note will constitute proof of delivery to the carrier.
6.6. Any periods when no shipments will be made will be indicated on the DiveSystem Store Website.
6.7. "SHIPPED WITHIN 24 HOURS" products: Some products on the Site are identified with the label "SHIPPED WITHIN 24 HOURS". These products will be entrusted to the courier within one working day following the confirmation of the order (the order is considered confirmed from the moment the payment is credited). The transit time and actual delivery of the order depend on the type of carrier chosen and the delivery area. We shall in any case dispatch the order as soon as possible and we undertake to notify you of any inconveniences, however, any delays in entrusting the courier shall not imply a breach of contract on the part of the Company and in any case shall not entitle the Customer to compensation.
8. Our Responsibilities
8.1. We shall not be liable in connection with this Contract for any loss of revenue, profits, contracts, data or for any other direct or indirect damage of any nature whatsoever arising out of or in any way connected with any breach of contract or non-contractual breach, whether intentional or unintentional, of any kind whatsoever.
8.2. The maximum aggregate liability payable by us under this Contract whether in contract, tort (including negligence) or otherwise shall in no event exceed the amount paid by you to us in respect of the Products and/or Services.
9. How to contact us
You may contact us
- by e-mail at the generic address firstname.lastname@example.org or at a more specific address identified in the various sections of the site and during the order confirmation phase.
Where you contact us in relation to your order, you must always indicate your Web Order Number.
10. Export Control
You hereby undertake to comply with all Export Laws. In particular, you agree (i) not to export the Goods to any country in violation of the Export Laws and (ii) not to export the Goods to countries where special governmental authorisation or export licences are required without first obtaining the necessary licences and authorisations. You expressly acknowledge and warrant that you are not a citizen or resident or domiciled in a country to which the export of Products is prohibited by any export regulations.
11. Data Protection
By placing your Order, you agree that we may store, process and use the data contained in your Order for the purpose of fulfilling your Order. Some of the information you provide to us will be transferred by us to the companies we use to ship the Goods. In addition, if you have requested finance to pay for the Goods ordered, the information you provide will be transferred to the companies that provided the finance for the purchase. Subject to your specific indication in the Order, by placing the Order, you expressly agree that such information may be transferred to other companies in the Dive Industries group in order to provide you from time to time with information about other products and services that may be of interest to you. Upon written request, you may obtain a copy of the data we hold about you. You shall bear the costs of such copying. Should the data in our possession concerning you prove to be incorrect, we will correct it upon your written request.
12. Force majeure
We shall make every effort to perform all our obligations under this Agreement. We shall, however, be exempt from any liability in the event of delays or failures caused by circumstances beyond our control. In case of delay, we shall perform our obligations as soon as reasonably possible.
13. Applicable Law
This Agreement shall be governed by Italian law. We will attempt to resolve any dispute promptly and efficiently. If you are dissatisfied with these attempts and wish to take legal action, any dispute will be subject to the exclusive jurisdiction of Grosseto.
14.1 If either party fails to exercise any of its rights under this Agreement, this shall not be construed as a waiver of those rights. Such non-exercise shall in no way imply a waiver of the aforementioned rights at a later date.
14.2 The invalidity or ineffectiveness of one or more contractual provisions shall in no way affect the validity or effectiveness of the other contractual provisions.
15. Defective products
Before being sent, all Fuori Mondo products are tested for imperfections and malfunctions. Products are not shipped if they do not pass this test.
If you receive a product with a defect or malfunction it must be reported immediately to email@example.com. Damage and malfunctions resulting from improper or incorrect use of the products are not covered by the warranty. If the wine should have a corked taste, please report it back to us on firstname.lastname@example.org and send us the defective bottle with the wine and its original cork. We will do some analysis. If the problem is confirmed with regard to the analyzes, we will then replace the bottle according to the available vintages.
The return procedure may be activated from the payment, but no later than 14 calendar days after receipt of the the payment.
16.1 Returns are not possible:
A. More than 14 calendar days have elapsed since receipt of the payment.
B. The product has been customised. By way of non-exhaustive example the product is "Made to Measure", "Special Sizes" (e.g. L Plus), special colour combinations, has engravings etc.
C. The product has been used/immersed in water.
D. The product has been tampered with or damaged.
E. The product was not purchased on the site
F. The customer does not enjoy consumer status. In particular, if he has had access to special discounts reserved for him by virtue of the professional use for which they were intended. (see point 7.3)
G. See point 18
In addition, the products must be returned complete, in original, undamaged packaging and complete in all its parts and accessories.
16.2 Return procedure
To activate the return procedure, you must send an email to email@example.com Unauthorised returns shall be returned to the sender at his or her expense.
Once the return authorisation has been obtained, the company will collect the package containing the returned goods from the consumer. Like the original shipping address, the return pick-up address must be in the territory of the Italian Republic. The company reserves the right to refuse the return request if the package is not made available for pick-up in the territory of the Italian Republic. The cost of pick-up is €15 and borne by the customer, to be paid in advance at pick-up and after acceptance of the return request.
Once the return has arrived at the warehouses indicated during acceptance, the product will be checked and if it complies with the return rules (see point 16.1). In the event that reasons are present that are not such as to entail the rejection of the return (point 16.1) but which diminish the value of the goods, the diminished value shall be deducted from the refund amount. If the return is approved, the refund shall be credited within 30 days from the date of arrival of the package. If the customer has benefited from free shipping, this cost will be subtracted from the refund amount. If the customer has benefited from promotions or free gifts they must be included in the return, otherwise they will be charged at the price stated in the order confirmation.
Before placing a product in the Outlet section for any reason, the functional integrity of the product is checked and aesthetic defects are indicated if present.
By purchasing a product from the Outlet section, the customer declares that he/she is aware of 18.