Website Terms and Conditions

Nautica Basile Terms and Conditions of sale and use

Website terms and conditions of sale

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

By law, Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) (Information, Cancellation and Additional Charges), say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.

Right to cancel - goods

Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) (Information, Cancellation and Additional Charges) say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

Right to cancel - digital content

Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) (Information, Cancellation and Additional Charges) say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.

Right to cancel - services

Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) say that in most cases, you can cancel within 14 days. If you agree the service will start within this time you may be charged for what you've used.

Your Consumer Rights - goods

Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:

  • up to 14 days: if your goods are faulty, then you can get a refund;
  • up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;
  • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

Your Consumer Rights - digital content

Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement;
  • if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;
  • if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

Your Consumer Rights - services

Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) says that:

  • You can ask us to repeat or fix the service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  • If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
  • If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • We, us or our

means Nautica Basile

References to us in these Terms also includes any group companies which we may have from time to time.

  • Our site or our website

refers to the any site on which these terms and conditions are displayed, including, but not limited to the following websites:

www.nauticabasile.it

  • You or your

means the person accessing or using our site to make purchases from us.

If you don't understand any of this contract and want to talk to us about it, please contact us by:

  • e-mail: info@nauticabasile.it, or
  • telephone: +39 0966 23934

Please note, calls will be answered at the following times:

Mon - Fri 09:00 - 12:30
Mon - Fri 16:00 - 19:30

We may record calls for quality and training purposes.

Who we are

We are a company registered in Italy with company registration number and our registered office is at:

Nautica Basile di Basile Alessandro
Via Gramsci, 19/21 - 89015 - Palmi (RC) - Italy
VAT: IT02721780803
SDI: M5UXCR1
Italian REA: RC185876

We are registered with VAT registration number VIES: IT02721780803.

We are:

- a member of the following association(s):

Camera di commercio di Reggio Calabria

For more details of what this means for you, please visit the following website(s):

www.rc.camcom.gov.it

- regulated by:

Italian Law and European Taxation and Customs Union

For more details of what this means for you, please visit the following website: https://europa.eu/youreurope/business/taxation/vat/check-vat-number-vies/index_en.htm

The details of this contract will not be filed with any relevant authority by us.

Terms and Conditions of Sale

A Introduction

1 These terms and conditions apply to any sale of goods, services or digital content on our site. If you buy goods, services or digital content on our site you agree to be legally bound by this contract and the terms and conditions contained herein.

2 This contract is available in English o Italian. No other languages are available for this contract.

3 When buying any goods, services or digital content on our site you also agree to be bound by:

(a) our terms and conditions of use and any documents referred to therein

(b) extra terms which may add to, or replace some of, this contract. This may happen for the following reasons:

Further regulatory requirements for products;
If circumstance change for reason outside our control;
If legal change require further measures.

We will contact you to let you know if we intend to do this by giving you one month's notice. You can end this contract at any time by giving one month's notice if we tell you extra terms apply

(c) specific terms which apply to certain goods, services or digital content. If you want to see these specific terms, please visit the relevant webpage for the goods, services or digital content.

All these documents form part of this contract as though set out in full here.

B Information we give you

1 By law, Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

(a) read the Confirmation email that will be sent to you when you have ordered goods, services or digital content (see clause below), or

(b) contact us using the contact details at the top of this page

2 The key information we give you by law forms part of this contract (as though it is set out in full here).

3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

C Ordering from us

1 Here we set out how a legally binding contract between you and us is made.

2 You place an order on our site by doing the following:

BUY

3 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

4 Before you place any order for digital content you must check that the hardware and software requirements of your computer or device mean that you can download the digital content. If required please contact us for assistance.

5 When you place your order at the end of the online checkout process (eg when you confirm payment), we will acknowledge it by Email. This acknowledgement does not, however, mean that your order has been accepted.

6 We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a) the goods, services or digital content are unavailable;

(b) we cannot authorise your payment;

(c) you are not allowed to buy the goods, services or digital content from us;

(d) we are not allowed to sell the goods, services or digital content to you;

(e) you have ordered too many goods; or

(f) there has been a mistake on the pricing or description of the goods, services or digital content.

7 We will only accept your order when we send you an Email to confirm this (Confirmation Email ). At this point:

(a) a legally binding contract will be in place between you and us; and

(b) your order will be fulfilled and your content will be available for download.

8 If you are under the age of 18 you may not buy any goods, services or digital content from our site. However, in some cases you may not be able to buy certain goods, services or digital content because you are too young. If so this will be set out on the relevant webpage for the goods, services or digital content concerned.

D Right to cancel this contract - Non-business customers

1 If you are buying from our site for business purposes, this section does not apply. Instead, please see the section below entitled "Right to cancel this contract - business customers".

2 If you are buying goods, services or digital content from our site for non-business purposes, you have the right to cancel this contract within 14 days without giving any reason.

3 However, this right to cancel will not apply to any of the following products:

All products which by their nature cannot be resold as new after opening the package.

4 The cancellation period will expire after 14 days from the day:

(a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of any goods, in the case of a sales contract;

(b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good purchased, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;

(c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece of any purchased goods, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;

(d) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good purchased, in the case of a contract for regular delivery of goods during a defined period of time.

(e)

5 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.

Cancellation form

To:

Nautica Basile
Nautica Basile di Basile Alessandro
Via Gramsci, 19/21 - 89015 - Palmi (RC) - Italy
VAT: IT02721780803
SDI: M5UXCR1
Italian REA: RC185876

info@nauticabasile.it

I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods */the supply of the following service *,

Ordered on */received on *,

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

* Delete as appropriate

6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

E No right to cancel this contract once downloading of any purchased digital content starts

When you buy the digital content:

(i) you have no right to cancel this contract once the downloading of it starts

F Payment and right to cancel if performance of services requested to commence before expiry of 14 day cancellation period

1. If you request us to begin the performance of services during the 14-day cancellation period referred to above in the clause entitled "Right to cancel this contract - Non-business customers", you shall pay us an amount which is in proportion to what has been performed until the date when you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.

2. You will lose the right to cancel this contract if the services have been fully performed at your express request within the cancellation period (in which case we will ask you to confirm that you understand you will lose your right to cancel).

G Effects of cancellation - Non-business customers

1 If you cancel this contract (in accordance with the section above entitled 'right to cancel this contract - non-business customers'), we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

3 We will make the reimbursement without undue delay, and not later than:

(i) 14 days after the day we received back from you any goods supplied; or

(ii) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

(iii) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5 If you have received goods:

(a) you shall, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us, send back the goods or hand them over to us

(b) The deadline is met if you send back the goods before the period of 14 days has expired.

(c) you will have to bear the direct cost of returning the goods

(d) you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

H Download of digital content

1 Once you have paid for your order and received the Confirmation email you will be given the option to download the digital content.

2 We may deliver your digital content in instalments. If you have any queries as to whether this is the case please consult the information provided at the time of purchase or contact us for further information.

3 If something happens which:

3.1 is outside of our control; and

3.2 affects you being able to download the digital content;

we we will make the digital content available for download as soon as we can. If you computer or device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the contract.

I Permission to use digital content

1 When you buy any digital content and download it, you will not own it. Instead we give you permission to use it (also known as a 'licence') for the purpose of you using and enjoying it according to this contract.

2 The digital content:

2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws

2.2 is non-exclusive to you. We may supply the same or similar digital content to other users

2.3 may be used only on ________ computer or device

2.4 may not be:

(a) copied by you except for a reasonable number of necessary back-ups

(b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law)

(c) combined or merged with, or used in, any other computer program

(d) distributed or sold by you to any third party

2.5 contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings

3 except where you have permission to use the digital content under this clause, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.

J Delivery of goods

1 We use the following delivery services to deliver our goods:

DHL - TNT - SDA - UPS - Poste Italiane

2 If you want to see your delivery options, visit our webpage https://www.nauticabasile.it/eng/pages/shipments/ before you place your order.

3 The estimated date and time window for delivery of the goods is set out in the Confirmation Email.

4 If something happens which:

(i) is outside of our control; and

(ii) affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

5 Delivery of the goods will take place when we deliver them to the address that you gave to us.

6 We may be unable to deliver the goods if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or photocard driving licence) on delivery of goods.

7 Unless you and we agree otherwise, if we cannot deliver your goods within 7 days, we will:

(i) let you know;

(ii) cancel your order; and

(iii) give you a refund.

8 If nobody is available to take delivery, please contact us using the contact details at the top of this page.

9 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

10 We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, click on the check the delivery details during the online checkout process.

K Performance of Services

1 Where possible we will offer the opportunity to confirm the time and date for performance of services purchased during the confirmation process and prior to the purchase of the services.

2 In other cases we may offer you with the opportunity to book the time and date for performance of services following the purchase of those services.

3 In all cases we will seek to perform the services purchased within a reasonable time and without causing you significant inconvenience.

4 Please note that where performance is requested or confirmed to commence within 14 days of purchase the above clause entitled "Payment and right to cancel if performance of services requested to commence before expiry of 14 day cancellation period" will be applicable."

5 If you have any questions as regards the time or date for performance of purchased services please contact us immediately.

L Payment

1 We accept the following means of payment:

Paypal, most famous Credit Cards (Visa, Mastercard,...) and Bank Transfer.

2 We will do all that we reasonably can to ensure that all of the information you give us when paying for goods, services or digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

3 Your credit card or debit card will only be charged when you confirm your order.

4 All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.

5 If your payment is not received by us and you have already received any goods, you:

(i) must pay for such goods within 30 days; or

(ii) must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

7 Nothing in this clause affects your legal rights to cancel the contract during any applicable 'cooling off' period detailed under the Clauses entitled 'Right to Cancel this Contract - Non-business customers' and 'Effects of Cancellation - Non-business customers' above.

8 The price of the goods, services or digital content:

(i) is in EURO (€) (EUR);

(ii) includes VAT at the applicable rate; and

(iii) does not include the cost of:

- delivering the goods (delivery options and costs will be provided before you place your order)

- any carrier bags (which cost a minimum of 5p) each).

M Nature of goods

1 Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) gives you certain legal rights (also known as 'statutory rights'), for example, the goods:

(i) are of satisfactory quality;

(ii) are fit for purpose;

(iii) match the description, sample or model; and

(iv) are installed properly (if we install any goods).

2 We must provide you with goods that comply with your legal rights.

3 The packaging of the goods may be different from that shown on our site.

4 While we try to make sure that:

(i) all weights, sizes and measurements set out on our site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements; and

(ii) the colours of our goods are displayed accurately on our site, the actual colours that you see on your computer may vary depending on the monitor that you use.

5 Any goods sold:

(i) at discount prices;

(ii) as remnants; or

(iii) as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

6 If we can't supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:

(i) we will let you know if we intend to do this but this may not always be possible; and

(ii) you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

N Nature of digital content

1 Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) gives you certain legal rights (also known as 'statutory rights'), for example, that the digital content:

1.1 is of satisfactory quality;

1.2 is fit for purpose; and

1.3 matches its description.

2 We must provide you with digital content that complies with your legal rights.

3 When we supply the digital content:

3.1 we will use all reasonable efforts to ensure that it is free from defects; viruses and other malicious content

3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and

3.3 you acknowledge that there may be minor errors or bugs in it.

O Nature of services

1 Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) gives you certain legal rights (also known as 'statutory rights'), for example, that any services purchased are performed by us with reasonable care and skill.

2 We must provide you with services that comply with your legal rights.

3 When we supply services:

3.1 we will use all reasonable care and skill in the performance of those services

3.2 where the price is not agreed beforehand we will provide the service for a reasonable price; and

3.3 we will perform the services within a reasonable time.

P Faulty goods or digital content/ Unsatisfactory Performance of Services

1 Your legal rights under Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) (also known as 'statutory rights'), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:

(a) visit our webpage: https://www.nauticabasile.it/eng/Users/contact/;

(b) contact us using the contact details at the top of this page;

2 Nothing in this contract affects your legal rights under Consumer Code (Italian Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) (also known as 'statutory rights'). You may also have other rights in law.

3 Please contact us using the contact details at the top of this page, if you want:

(a) us to repair the goods or digital content;

(b) us to replace the goods or digital content;

c repeat performance of services purchased;

(d) a price reduction; or

(e) to reject the goods or digital content and get a refund.

4 To avoid faults happening with any digital content, you must:

(i) install any fixes, updates, upgrades, new releases and new versions that are made available to you as soon as reasonably possible after we tell you that they are available to be downloaded;

(ii) use it only on the recommended third party software and equipment set out in the guide to its use or on our website; and

(iii) follow any other guidance given by us to you when undertaking the purchase, or contained within the Confirmation email.

Q End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

R Limit on our responsibility to non-business customers

1 The provisions of this section shall apply to purchases made for non-business purposes only.

2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), in the case of purchases made for non-business purposes, we are not legally responsible for:

(a) losses that:

(i) were not foreseeable to you and us when the contract was formed; or

(ii) that were not caused by any breach on our part;

(b) business losses; and

(c) losses to non-consumers.

S Indemnity and insurance

1 You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under this contract.

2 You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under this contract. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.

T Limitation of liability

1 The extent of the parties' liability under or in connection with this Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.

2 Subject to the sub-clauses below (entitled 'Exceptions'), our total liability shall not exceed the sum of € 10.

3 Subject to sub-clauses below (entitled 'Exceptions'), our shall not be liable for consequential, indirect or special losses.

4 Subject to sub-clauses below (entitled 'Exceptions'), our shall not be liable for any of the following (whether direct or indirect):

(i) loss of profit;

(ii) loss or corruption of data;

(iii) loss of use;

(iv) loss of production;

(v) loss of contract;

(vi) loss of opportunity;

(vii) loss of savings, discount or rebate (whether actual or anticipated);

(viii) harm to reputation or loss of goodwill.

Exceptions

5 The limitations of liability set out above shall not apply in respect of any indemnities given by either party under this Contract.

6 Notwithstanding any other provision of this Contract, the liability of the parties shall not be limited in any way in respect of the following:

(i) death or personal injury caused by negligence;

(ii) fraud or fraudulent misrepresentation;

(iii) any other losses which cannot be excluded or limited by applicable law;

(iv) any losses caused by wilful misconduct.

 

1 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

(a) let you know that we cannot settle the dispute with you; and

(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

2 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

3 The laws of Italy will apply to these Terms.

Governing law, dispute resolution and jurisdiction

11.1 These Conditions of Sale are governed by Italian law and shall be interpreted accordingly, without prejudice to any contrary overriding mandatory rule of the country of habitual residence of the customer. As a result the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any related litigation and / or consequential to the same shall be resolved exclusively Italian judicial authority. In particular, if the customer qualifies as a Consumer, any disputes shall be resolved by the court of domicile or residence of the same under applicable law or, at the choice of the consumer in case of action started by the customer, by the Tribunal of Palmi (RC). Should the Customer act in the exercise of its business activity, commercial, craft or profession, the Parties shall establish by mutual consent to the exclusive jurisdiction of the Tribunal of Rome.

12. Edit and update

12.1 Seller may modify or amend these Terms of Sale at any time. Therefore, it will ask the customer to only accept the General Conditions of Sale in force at the time of its purchase

Website terms and conditions of use

A Our Terms

1 These Terms explain how you may use this website (the Site), which is provided by us free of charge.

2 References in these Terms to the Site includes the following websites and all associated subdomains and web pages:

www.nauticabasile.it

3 You should read these Terms carefully before using the Site.

4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

6 If you have any questions about the Site, please contact us by:

e-mail: info@nauticabasile.it, or

telephone: +39 0966 23934

7 Calls will be answered at the following times:

Mon - Fri 09:00 - 12:30
Mon - Fri 16:00 - 19:30

8 If you have a hearing or speech impediment you can contact us using a textphone on +39 0966 23934. We may record calls for quality and training purposes.

9 Definitions

Content

means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Terms

means these terms and conditions of use as updated from time to time;

Intellectual property rights

means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);

Unwanted Submission

has the meaning given to it in the section entitled "submitting information to the site";

Cookie policy

means the policy, which governs how we use cookies in the Site;

Privacy policy

means the policy, which governs how we process any personal data collected from you;

Site

has the meaning given to it in clause 1.1;

We, us or our

means Nautica Basile (VAT registration number IT02721780803) office of which is at:

Nautica Basile di Basile Alessandro
Sede: Via Gramsci, 19/21
89015
Palmi (RC)
Italy

References to us in these Terms also includes any group companies which we may have from time to time.

You or your

means the person accessing or using the Site or its Content.

10 Your use of the Site means that you must also comply (where applicable) with:

our Privacy policy

our Cookie policy

11 We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

B Using the Site

1 The Site is for your personal and non-exclusive use only. As long as you comply with these Terms of Use Nautica Basile grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2 You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

3 You may not attempt to gain unauthorized access to any part or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by password "mining", hacking or any other illegitimate means.

4 You may not scan, probe or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

5 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

6 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.

7 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

8 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

9 You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.

10 The Site is intended for use only by those who can access it from within the IT. If you choose to access the Site from locations outside the IT, you are responsible for compliance with local laws where they are applicable.

11 You agree that you are solely responsible for:

(i) all costs and expenses you may incur in relation to your use of the Site; and

(ii) keeping your password and any other account details confidential.

12 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@nauticabasile.it.

13 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

C Ownership, use and intellectual property rights

1 This Site and all intellectual property rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to lawfully access the Site as intended and authorized by us. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

3 Trade marks:

The following are our trademarks:

Nautica Basile

The following are trademarks owned as set out below:

Evinrude, Osculati, BRP and all other trademarks.

Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

D Submitting information to the Site

1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us. We therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions) to the Site. While we value your feedback, you agree not to submit any Unwanted Submissions.

2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

E Accuracy of information and availability of the Site

1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

2 We may suspend or terminate operation of the Site at any time as we see fit.

3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

 

G Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses. This exclusion shall include, but not be limited to:

(a) losses that:

i. were not foreseeable to you and us when these Terms were formed; or

ii. that were not caused by any breach on our part

(b) business losses; and

(c) losses to non-consumers.

H Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

I Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

J Disputes

1 We will try to resolve any disputes with you quickly and efficiently.

2 If you are unhappy with us please contact us as soon as possible.

3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

(a) let you know that we cannot settle the dispute with you; and

(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

4 If you want to take court proceedings, the relevant courts of the Italian will have exclusive jurisdiction in relation to these Terms.

5 Relevant Italy law will apply to these Terms.

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