Term & Conditions
Terms and Conditions
Conditions of use of the website
- The content of the pages of this site is made available to users for information and evaluation purposes only. This content may change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- You acknowledge that such information and materials may contain inaccuracies or errors. SIRM ITALIA expressly excludes any liability for such inaccuracies or errors to the fullest extent permitted by law. SIRM ITALIA shall not be liable for any damages of any kind deriving from the aforesaid information.
- Your use of any information on this website is entirely at your own risk. It will be the user's responsibility to verify that all products, services or information available on this website meet his specific needs.
- This website contains material owned or licensed to us. This material includes, but is not limited to, design, layout, appearance and graphics. Reproduction is prohibited except in accordance with copyright laws, which are understood to be part of these conditions.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- Sometimes this website may also include links to other websites. These links are provided to provide you with further information but do not mean that we endorse the website. We therefore accept no responsibility for the content of the linked websites.
- The use of this website and any disputes arising from such use are governed by Italian law.
General Terms and Conditions of Sale
1. The purpose of these General Terms and Conditions of Sale (hereinafter referred to as the General Terms and Conditions) is to regulate the purchase of products and services, carried out remotely and made available, via the Internet, from the shopping.sirmitalia.it website (hereinafter referred to as the Site or SIRM Store).
2. The products made available by the Site consist of nautical accessories of various kinds, electronics, books, DVDs, etc.; the services made available by the Site are those connected with the sale of the aforesaid products.
3. The owner of the Site is SIRM ITALIA S.r. with registered office in Calata San Marco 13, 8138 NAPLES, VAT number and CF: 09227111219 which is the owner and holder of all rights to the trademark. All purchases of products and services made through the Site (hereinafter, the Purchase Agreements) by users accessing the Site (hereinafter, the Customers) are governed solely by the General Conditions.
4. The Customer is obliged to carefully read the Terms and Conditions of Sale that SIRM ITALIA makes available to him/her also in order to allow him/her to reproduce and store the above mentioned Terms and Conditions in compliance with the provisions of art. 12, par. 3 of Legislative Decree no. 70/2003.
5. SIRM ITALIA may modify, at any time and without notice, the contents of the General Conditions herein. Any modifications made will take effect as from the date of publication on the Site, as declared in the heading of the General Conditions themselves.
6. The Customer may purchase the products in the SIRM ITALIA electronic catalogue, which are detailed in the Site, in compliance with the technical access procedures illustrated therein. The publication of the products and services displayed on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of these General Conditions.
7. The correct receipt of the Customer's proposal is confirmed by SIRM ITALIA by means of an automatic reply sent to the e-mail address communicated by the Customer. SIRM ITALIA's reply is automatically generated by the Site system and only confirms the correct receipt of the proposal within the information systems. Such confirmation message shall indicate a "Customer Order Number", to be used in any subsequent communication with SIRM ITALIA. The message contains, in addition to the information required by law, all the data entered by the Customer, who undertakes to verify its correctness and promptly communicate any corrections.
8. Each Purchase Contract stipulated between SIRM ITALIA and the Customer shall be considered concluded with the acceptance of the order by SIRM ITALIA. SIRM ITALIA has the right to accept or not, at its own discretion, the order sent by the Customer, without the latter being entitled to make any claims or rights whatsoever, for any reason, in case of non-acceptance of the order. The acceptance of SIRM ITALIA shall be deemed tacitly released, unless otherwise communicated to the Customer within 96 hours from the order sending, by means of an e-mail message sent to the address communicated by the Customer.
Errors: SIRM ITALIA reserves the right to refuse or cancel any order placed for a product listed at an incorrect price, or for orders whose total amount has been incorrectly calculated. SIRM ITALIA reserves the right to refuse or cancel such orders, regardless of whether or not the order has been confirmed and payment has been made. If the payment has already been made and the order is cancelled, SIRM ITALIA shall provide for the actual refund in the same manner in which the payment was made.
9. By sending the order, in the various ways provided by the Site's operating instructions, the Customer declares to have read all the information provided to him/her during the purchase procedure, and to fully accept the General Terms and Conditions of Payment described below.
Prices of products - Availability of products - Delivery costs
10. All prices of the products are clearly indicated on the Site and are inclusive of VAT.
11. The prices and availability of the products, as indicated on the Site, are subject to change at any time and without prior notice, it being understood that, limited to orders in course of acceptance or as above accepted by SIRM ITALIA, the sales conditions in force at the time the order is sent by the Customer shall apply.
12. The Site highlights the products available for shipment according to the methods indicated in the relevant section. This availability of products is not updated in real time; moreover, in consideration of the possible simultaneous access to the Site by many users, the actual availability of individual products may vary considerably during the same day with respect to the indications given on the Site. Magellano Store does not assume any commitment or guarantee the certainty of immediate delivery of the products purchased and indicated as available on the Site, and therefore Magellano Store shall in no case be liable for any delays in delivery.
13. The cost of each shipment, the amount of which may vary according to the delivery and payment method as well as the country of destination and the total amount of the order, is added to the total price of each Purchase Contract and is clearly indicated and communicated to the Customer, through the Site, prior to the conclusion of the Purchase Contract.
14. Payments in execution of Purchase Agreements stipulated through the Site may be made exclusively by credit card. The Customer is required to choose the payment method chosen when concluding the Purchase Contract. The latter, once the Purchase Agreement has been finalised through the acceptance of Magellano Store, may no longer be modified.
Credit Card Payments
15. When the Customer purchases the products with payment of the price by credit card, the bank of reference will immediately check the validity of the credit card, and will immediately debit the total amount corresponding to each Purchase Contract.
16. The information relating to the purchaser's credit card is transmitted via secure connection directly to the website of the bank that manages the transaction.
17. SIRM ITALIA reserves the right to ask the Customer at any time for additional information (e.g. fixed telephone number) or to send a copy of documents proving the ownership of the credit card used for the conclusion of the Purchase Agreement. In case the Customer fails to send the requested information or further documentation, SIRM ITALIA reserves the right not to accept the order or to withdraw from the Purchase Agreement, informing the Customer at the same time at the e-mail address indicated by the Customer.
Delivery and documentation
18. All deliveries of the products will be at SIRM ITALIA's risk. The risk shall be transferred to the Customer upon delivery of the products to the Customer by the shipper, carrier or other agent appointed by SIRM ITALIA for delivery.
19. No liability, for whatever reason, may be charged by the Customer to SIRM ITALIA in case of delay in the execution of the order or in the delivery of the products covered by the Purchase Agreements.
20. The delivery of the products is understood to be on the street level. Upon delivery of the products by the courier appointed by SIRM ITALIA, the Customer shall check (a) that the number of packages delivered corresponds to that indicated in the transport document and (b) that the packaging is intact, undamaged or in any case altered, even in the closing materials.
21. Any damage to the packaging and/or to the products or the mismatch in the number of packages or indications must be immediately contested by the Customer, by writing "ACCEPTED WITH RESERVATION" on the courier's delivery receipt and specifying the reason for the reservation (e.g. wet parcel, tampered parcel, etc.). Furthermore, the Customer undertakes to promptly report - and in any case no later than 8 (eight) days from the date of delivery - to SIRM ITALIA (by sending a message to email@example.com) any and all possible problems concerning the physical integrity, correspondence or completeness of the products received.
22. Cases of force majeure, unavailability of the goods or means of transport, as well as unforeseeable or unavoidable events causing a delay in delivery or making deliveries difficult or impossible or causing a significant increase in the delivery cost to be borne by SIRM ITALIA shall entitle SIRM ITALIA to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, SIRM ITALIA shall provide timely and adequate notice of its decisions to the e-mail address indicated by the Customer and the latter shall be entitled to a refund of any price already paid, excluding any further claims, for whatever reason, against SIRM ITALIA.
Right of withdrawal
25. The Customer has the right to withdraw from the Purchase Agreement for any reason and without explanation, subject to compliance with the procedures set out below.
Exclusions: some particular products whose nature does not allow us to resell them are excluded from the right of withdrawal. Excluded from the right of withdrawal are products out of catalogue expressly ordered from the supplier at the customer's request, products customised for the customer (modified, embroidered, made to measure), products sold by the metre and therefore expressly cut to the measure requested by the customer (pipes, ropes, chains, etc.) and products registered, registered or dated at the time of sale (e.g. Epirb, SART, etc.).
26. To exercise the right of withdrawal, the Customer must send the request for withdrawal within and no later than 14 working days from the date of receipt of the products.
27. The return must be made by the Customer, through the shipment of the products subject to withdrawal, by courier of his choice. The products must be sent, within and no later than 14 working days from the date of delivery, to the following address:
Via Terragneta 90
80059 Torre Annunziata (NAPLES) ITALY
28. For the purpose of validly exercising the aforementioned right of withdrawal, the Customer shall comply with the following conditions and procedures:
- the withdrawal may also apply to single products forming the subject of a single Purchase Contract, it being understood that the withdrawal shall apply to the product in its entirety;
- the products forming the subject of Purchase Contracts in relation to which the Customer has exercised the right of withdrawal must be intact and will be returned in their original packaging, complete in all its parts (including packaging and any additional documentation); in particular, if the products consist of audiovisual products or magazines, the packaging seals and/or SIAE marks must not be broken or removed;
- the Customer shall, at his own exclusive charge and care, ship and return the products to SIRM ITALIA;
- Should the returned product be damaged during transport, SIRM ITALIA shall only be obliged to inform the Consumer Customer of the incident in order to allow him/her to make a timely complaint against the courier chosen by him/her, against whom (and/or the relevant insurance company) he/she may claim compensation;
29. SIRM ITALIA shall not be liable in any way for damage or theft or loss of the returned products; any related risk shall therefore remain the exclusive responsibility of the Consumer Customer.
30. Once the integrity of the returned product has been verified, SIRM ITALIA shall refund the Customer the full amount paid for the products referred to in the Contract of Purchase subject to withdrawal, within and no later than 30 days from the return of the products. The refund shall only cover the price of the returned products excluding order processing costs (packaging, transport, cash on delivery, etc.). Since SIRM ITALIA applies flat-rate shipping and cash on delivery costs according to the purchase, it is possible that in case of withdrawal the customer will be charged the difference between the flat-rate costs applied to the order and the costs actually incurred by SIRM ITALIA. The refund shall be made by reversing or crediting the amount charged to the Credit Card indicated by the Consumer Customer or by Bank Transfer, in accordance with the correlative instructions and bank details that shall be indicated by the same Customer.
31. In any case of non-compliance with the conditions and procedures for exercising the withdrawal provided for in paragraph 29.- above as well as in case of damage to the products for reasons other than their transport, the Purchase Contract shall remain valid and effective and SIRM ITALIA shall return the unduly returned products to the sender Customer, charging the same with the correlative shipping costs.
Intellectual Property Rights
32. All trademarks (whether registered or not), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and, more generally, any other intangible asset protected by the laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of their respective owners, without the Customer having any rights over them from accessing the Site and/or entering into Purchase Agreements.
Applicable law - Jurisdiction
38. The Purchase Contract between the Customer and SIRM ITALIA shall be deemed concluded in Italy and governed by Italian Law. For any disputes arising between SIRM ITALIA and the Customer, the Court of Naples shall have exclusive jurisdiction.
39. In order to purchase the Products on the Site you must provide the personal data requested in the appropriate form. Upon registration, the user is assigned a personal login and password through which the user is identified when accessing the website.
40. The data provided upon registration are processed by SIRM ITALIA for the purposes and in the manner described below and in full compliance with Legislative Decree no. 196/2003 (Personal data processing code) and its subsequent amendments. The personal data provided are processed for the following purposes:
fulfilments connected with the stipulation and execution of the contract, statistical purposes and the sending of advertising material, also through the use of electronic mail.
The processing of data for the purposes set out is carried out both by automated and non-automated means for the time necessary to achieve the purposes for which they were collected. Specific security measures are observed to prevent the loss of data, illicit or incorrect use and unauthorised access. The provision of personal data by the user is optional. Any refusal to provide data for the purposes referred to in letter a) of point 3 above will make it impossible to purchase the Products on the Site. On the contrary, refusal to provide the data for the purposes referred to in letter b) above will have no effect on the possibility of purchasing the Products on the Site.