GENERAL TERMS AND CONDITIONS
1. Sale object
These General Terms and Conditions of Sale (hereinafter, terms and conditions) are aimed at regulating the purchase of OXAMA product (hereinafter, the Product) made off-premises and remotely, via computer network, from https://www.oxamadiving.com/ (hereinafter, the Site).
Seller and owner of the Site is Oxama S.r.l., based in Milano, Piazza Giulio Cesare n. 9, n. REA MI – 2511842 , VAT and Tax Code n. 10188160963.
2. Acceptance of terms and conditions
The purchase of the product is governed by these terms and conditions.
By purchasing the product, or pre-ordering the same, the Customer accepts these terms and conditions, which constitute a binding agreement between the Customer and Oxama S.r.l.
The Customer is invited to read these terms and conditions and, once the purchase procedure is concluded, to keep them.
3. Product
Oxama S.r.l. guarantees the conformity of the Product to the features and technical specifications indicated. The Customer, by purchasing the Product, or pre-ordering the same, declares to know and accept them.
The features and technical specifications of the product are illustrated on the Site.
4. Purchase procedure – conclusion of the contract
The purchase order signed by the Customer – in case of an order placed from the Site, is understood to be signed with the validation “click” – constitutes an irrevocable proposal of the Customer that can be questioned only in the cases provided for in this contract in the article “right of withdrawal” (art. 9).
Payment of the price is due at the time of the order, except in the case of pre-order (art. 5).
With the sending of the purchase order, payment of the consideration and acceptance of the order by Oxama S.r.l. (in case of purchase from the Site, Oxama S.r.l. will send the order confirmation to the email address communicated by the Customer on the order), the contract will be considered concluded.
5. Pre-order
In case of pre-order, the Customer, upon pre-ordering the purchase, is required to make a down payment.
The down payment constitutes a deposit in accordance with Article 1355 of the Italian Civil Code.
The pre-order signed by the Customer – in case of an order placed from the Site is understood to be signed with the validation “click” – constitutes an irrevocable proposal by the Customer.
The contract is considered concluded with the sending of the purchase pre-order, the payment of the deposit and the order confirmation by Oxama S.r.l. which, in case of purchase from the Site, will be sent to the email address communicated by the Customer on the order.
The expected delivery date at the time of pre-order is indicative and not binding for Oxama S.r.l.
When the product is available, Oxama S.r.l. will notify the Customer, at the e-mail address communicated, of the availability of the product.
Within ten days of the communication of product availability, the Customer must provide the balance of the price. Payment of the balance must be made by bank transfer to the bank details indicated by Oxama S.r.l. in the product availability communication.
In the event of failure to pay the balance within the ten-day period from the notice of availability, the contract will be considered terminated for non-performance by the Customer and results in loss of deposit.
6. Price
The price set at the time of purchase is fixed and final; it includes shipping costs, expressly stated, and VAT tax.
For a delivery outside the European Union, the Customer will have to pay customs duty, VAT or other taxes related to import in the country of delivery. Related formalities are the sole responsibility of the Customer, unless otherwise specified. The Customer is solely responsible for checking whether the ordered product can be imported regarding the law of the country of delivery.
7. Shipping and delivery
Oxama S.r.l. will ship the product only after receipt of payment of the final price.
The product will be delivered to the address indicated by the Customer in the order.
The delivery is considered as executed from the moment the product is handed over to the carrier.
Upon delivery, the Customer must check the content, conformity and condition of the products. In the event of delays, failures, total or partial loss, or other problems, the Customer may act against the carrier, without any liability on Oxama S.r.l.
Oxama S.r.l. suggests that the Customer proceed to check the status of the delivered products before signing the notice of receipt of the package. In case of acceptance without written reservations, Oxama S.r.l. will not accept returns due to transportation.
8. Transfer of risk
Delivery is ex works. Transfer of risk to the Customer occurs upon delivery of the product to the carrier by Oxama. Products travel at the risk of the Customer. The same happens when sending or returning products.
During the withdrawal period mentioned in 9), the Customer is is the guarantor of the product.
9. Right to withdraw
The Consumer Customer may withdraw from the purchase contract within the period of fourteen days from the date of delivery of the product ex art. 52 D.Lgs. 206/2005.
Withdrawal must be exercised by sending, within the deadline, a registered letter with return receipt to the address of Oxama S.r.l – Piazza Giulio Cesare n. 9, 20145 Milan, Italy – or by certified e-mail to the address ______________
The product must be returned in its original packaging and in a perfectly clean condition. The integrity of the product to be returned is an essential condition for the exercise of withdrawal. Having verified the integrity of the returned product, Oxama S.r.l. will refund the price paid for the returned product, within thirty days from the date of receipt. Oxama S.r.l. will refund the Customer the amounts paid as the price of the product; the costs necessary to return the product are the responsibility of the customer.
10. Guarantee
The Consumer Customer benefits from the 24-month warranty for conformity defects not detectable at the time of purchase (art. 132 D.Lgs. 206/2005).
A not conformity exists, especially, when the product does not conform to the description or does not possess the qualities promised by the seller (art. 129 D.Lgs. 206/2005).
The lack of conformity must be reported under penalty of forfeiture within 2 months after the date of discovery of the defect. Except where there is evidence to the contrary, defects arising within 6 months of delivery of the goods are presumed to have existed on that date.
In the event of a lack of conformity, the Consumer Customer has the right to restore, without charge, the conformity of the product by repair or replacement. If repair or replacement is impossible or excessively onerous, the Customer Consumer may request either termination of the contract or reduction of the price.
11. Governing law
This contract is governed by Italian law.
For the resolution of any disputes, if the Customer is a consumer, the exclusive jurisdiction is of the Judge of the place of residence or domicile of the consumer, if located in Italy; if the Customer is a non-consumer, the exclusive jurisdiction of the Court of Milan is agreed.
12. Communication
Oxama S.r.l.
Piazza Giulio Cesare 9, 20145 Milano (MI) – Italia
pec: oxama@legpec.it
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These general terms and conditions are published at https://www.oxamadiving.com/
By purchasing the product, or by pre-ordering the same, the Customer accepts these terms and conditions; particularly, the Customer declares that he/she has read and fully accepts the conditions governed by the following covenants: 3) Product, 4) Purchase procedure – conclusion of contract, 5) Pre-order, 7) Shipping and delivery, 8) Transfer of risk, 11) Governing law.
