Please read carefully the terms and conditions following
TERMS AND CONDITIONS – OCEANLIFE S.r.l.
PRICE LIST: The last one will always be the one in force and will void the ones before. The prices of the products on the list can be varied even without advance notice. Before sending an order, ask every time the last price list.
SELLING ON THIRD PARTY PLATFORMS (eg AMAZON, EBAY, etc.): It is expressly forbidden to make use of any third online sales platform different from the main one of the activity, which could lead to a damage to the name of Oceanlife or lower the perceived quality to the final user.
ORDERS: our general selling conditions are valid in any case, even if the customer reports his own on the ordering formulary and this conditions are accepted integrally at the moment of the order. The purchases can be done in the easiest way by fax or e-mail using the Order Form sent with the price lists. A copy of the most recent "terms and conditions" is consultable on the internet page http://www.oceanlife.it/conditions.pdf . If it is not possible to connect to the internet, before sending an order, please ask by phone or fax to Oceanlife S.r.l. for the most recent "terms and conditions".
SPECIAL ORDERS: The cancellation of customized orders already in processing (as tubs or furniture) will always imply the billing and the delivery, both of what already produced and of all the other components purposely bought for the completion of the order.
PACKAGING: the packaging cost is expressed at the time of the order or is eventually communicated when the order is accepted if it has any special feature. We do not accept returns of the packages.
DISTRIBUTION AND PRODUCT LABELLING: The product labels are normally in English language if not otherwise established by the Distributor and Oceanlife S.r.l.. According to the local laws of the country where the products will be sold, It will be Distributor's commitment to apply the safety instructions in the local language. According to the local laws of the country where the products will be sold, If not otherwise established, the Distributor will place on the labels also his detailed data (as distributor of the Oceanlife products). The Distributor will have the exclusive legal responsibility for the products sold on the territory of the import country.
LOCAL LAWS: The Distributor must inform Oceanlife S.r.l. about special or local laws about the products sold by the Distributor on the territory of the import country. The Distributor will have the exclusive legal responsibility for the products sold on the territory of the import country.
TERMS OF DELIVERY: The order will be dispatched as soon as possible. The delivery terms communicated by Oceanlife S.r.l. at the time of the order are always indicative, and never stringer. In any case of majeure force as strikes, pestilences, wars, fires, floods, natural calamities, interruptions or delays of the transports, objective impossibility of finding the materials on the market, legal measures that block, limit or delay the production and/or the product import, Oceanlife S.r.l. is discharged from any obligation regarding the delivery and this will not imply the right for the customer to cancel the order and/or to obtain an indemnification for the damages, even indirect, that the customer may have suffered.
PRICES: The prices are intended for goods delivered ex works EXW CCI 2000 Bologna, Italy, if not otherwise specified and they are accepted at the moment of the order. Once the order is accepted, the prices can't be modified.. Taxes are not included.
PAYMENT METHODS: The payment methods are usually expressed when the order is accepted. Whether not expressly specified on the fiscal document, they can be exclusively arranged with our Counting House. In case a payment deferment is conceded, the failure to pay even one single rate makes the whole import immediately claimable, being the client automatically decayed from the benefit of the term. Whether has been agreed an anticipated bank transfer payment, the goods’ delivery will only be effectuated after the accredit of the due import has been received on the checking bank account that has been communicated, or eventually after receiving a copy of the bank receipt, with the MTCN (Money Transfer Control Number).
SHIPPING: the goods can be shipped by pony express, traditional courier service or they can be collected by one’s own courier. If you choose the traditional courier modality or the pony express, the shipping costs will be calculated according to the total weight of the charge and they will automatically vary depending on that weight. Moreover, if you choose the traditional courier, the shipping price is only calculated according to the weight and before dispatching the order, Oceanlife will send a new confirmation e-mail expressing the specific shipping cost for the place where the goods will be delivered.
In any case, Oceanlife will always indicate the cheapest shipping method. In case you choose to get your goods collected by your own courier, you will be contacted for setting date and time of the withdrawal. The client will take care, in this case, of contacting his own courier and agree for the withdrawal of the goods at our warehouse.
By request of the client, through a written note in the comments during the order confirmation procedure, the merchandise can be insured against eventual damages or loss during the transport, which can not be attributed to Oceanlife limited liability society. The insurance cost will be charged on the invoice and its import will be promptly communicated. In case the packaging is damaged in any way, only accept the delivery writing “ACCEPTED SUBJECT TO VERIFICATION”, describing in writing and in detail what the damage is after opening the package and the wrapping of the goods in presence of the carrier. Otherwise, once you have signed the courier document, you will not be able to contest anything anymore.
Always and anyways, contact Oceanlife immediately. All the packages are closed with our scotch-tape, with Oceanlife graphic, or with the Oceanlife logo placed on both the carton and the scotch-tape. Do not accept the package delivered and promptly contact Oceanlife if the package has been tampered or if the tape is not the Oceanlife official scotch-tape.
PAYMENT DELAYS: in case of failure to pay within the agreed terms, our administration will charge with the commercial interests according to the current rate at the time of delivery. In case of failure to pay, 48 (forty-eight) hours after fruitless payment order, the sale will be rescinded with full reason, if that is the will of Oceanlife limited liability society, which may ask for the restitution of the products with a hasty legal procedure, and this will not invalidate any eventual request for damage compensation and interests. The breach will not only bear upon the evaded order, but also on all the other previous orders remained without the corresponding payment, whether they have already been delivered, or they are under way of being delivered, and whether their payment has already expired or not. The client will have to refund all of the expenses caused by the legal arguments for the payment of the due import, including the fees of the bailiffs. In any case, it will be applied the Italian D.L. 9 ottobre 2002, n.231.
PRODUCT WARRANTIES: Oceanlife S.r.l. offers on its products a by law warranty. In case of conformity defects of the sold products, the customer may request the repair or the substitution of the product. Whether the requested remedy will result, according to art. 1519 quater of the Italian Civil Code, objectively impossible or excessively expensive, involving for the seller expenses that can be considered unreasonable, Oceanlife S.r.l. will provide to reinstate the conformity in the alternative way. Anyways, we clarify that, according to art 1519 quater of the Italian Civil Code, last paragraph, a slight conformity defect, for which it would be objectively impossible or excessively expensive for Oceanlife S.r.l. to apply the before said remedies, will not give the customer the right to rescind the sale contract. Oceanlife S.r.l. ensures the free reparation or substitution of the non-conform good. The customer has to demonstrate that the present warranty is still valid, through a delivery document released by the seller or through any other proofing document (receipt, sales check or similar, product code, orders, contracts, etc.).
The warranty does not include all the cases of improper use of the good, and especially the use of the product for commercial, entrepreneurial or professional activities, for which remain valid the norms in art 1490 and following of the Italian Civil Code. Moreover, in the warranty are not included the non-conformities due to negligence or carelessness in the use of the product (ex.: failure to follow the instructions for the device’s functioning), installation or upkeeping interventions operated by non-authorized staff, transportation damages, or any problem due to circumstances that are not due to manufacturing faults and/or faults in the conformity of the product.
The warranty, anyways, does not include the labour costs nor those relating to set up, tear down and transportation operations, and does not extend to the products which have been substituted or repaired nor, in general, to the wear-prone spare parts. Oceanlife S.r.l. declines any responsibility for eventual damages that can, directly or indirectly, happen to people, things and pets as a consequence of a failure to follow all of the indications written in the apposite instruction book, especially those concerning the warnings on installation, usage and upkeeping of the product.
RETURNS: the goods returned need to be previously agreed with a write document with our Administration, the returned goods voucher have to specify: description of the article, date and invoice of purchase, reason for the return.
If the returns are due to our faults of dispatch, we will communicate the name of the carrier to whom you can entrust the goods with us paying for the shipping expenses. We will also provide to substitute the product or to emit an accredit note. In any other case, the goods will have to be returned ex works.
CLAIMS: apart from the measures to be taken against the carrier and the forwarding agent, all the claims regarding evident faults and the non-conformity between the delivered product and that ordered in the shipping note, must be precisely expressed in written within 8 (eight) days starting from the reception of the products, by means of a letter sent by recorded delivery with acknowledgement of receipt to be sent to the head office of Oceanlife S.r.l. or a certified e-mail sent to oceanlife@pec.it . Otherwise, the claims will not be taken into consideration, not even in case of eventual deficits, bearing witness by the parts the results on the shipping note. Product returns not previously agreed with Oceanlife S.r.l. are not accepted.
In any case, the Customer have to check the integrity of the goods and communicate every eventual anomaly with a letter sent by recorded delivery with acknowledgement of receipt to our Administration or a certified e-mail sent to oceanlife@pec.it within 10 (ten) days from the reception of the goods. If not, they will be not possible returns, compensations, reversals or diversions on future orders.
CONTROVERSIES: for the resolution of all controversies deriving from the sale contract between Oceanlife S.r.l. and the client, the applicable law is the Italian law and for this it will be competent exclusively the Court of Bologna.
INVOICING DATA: every communication and/or variation of the invoicing data will have to promptly get in written to Oceanlife S.r.l. eventual delays or responsibilities for the wrong communication of the invoicing data will be completely bared by the client.
PRIVACY: every time an order is shipped, the client agrees to the usage of his personal data exclusively for commercial, fiscal and administrative purposes regarding his activity, in conformity with the Data Protection Law. Oceanlife S.r.l. ensures top discretion in handling personal details, according to the legislative decree n. 196 of June 30, 2003.
On this purpose, we specify that the obtained data are requested only for accomplishing our commercial activities, such as order dispatching and commercial support to the customer, always in conformity to the laws in force. The data recorded on paper and electronically may not be given up to third parties, and the customer may request in any time the cancellation or the modification of his personal data, through written communication or e-mail. The depositary of the data is Oceanlife S.r.l., with its registered office in via Faenza 23, 40139 Bologna.