This document provides the general sales and on-line payment conditions via the website corresponding to the domain name WWW.FLY3.IT, owned and managed by GENTE DI MARE S.R.L. that is owned and manages also pricavy policy, cookies, web content and platform. However, TAMATA S.R.L. is owner, responsable and manages the shop activities, from order to shipping.
These general conditions (hereinafter referred to as “General Conditions“), unless otherwise specifically agreed in writing, regulate the relations between TAMATA S.R.L., GENTE DI MARE S.R.L. and the customer, consumer or professional (hereinafter referred to as “Customer”).
The following necessary conditions must be met to make purchases on our site:
- you must be over 18 years of age;
- you must possess a personal and valid e-mail Via Marconi, 125, Falconara Marittima (An), Italia;
- you must meet the requirements to legally access and stipulate binding contracts;
- you must possess a credit card for certification and payment: American Express, Visa, Master Card, PayPal, or a Current Account to send Wire Transfers.
The Site is exclusively intended for users who are "end consumers" meaning any natural person who navigates the Site for reasons not referable to their any potential sales, business or professional activities.
Closing a Contract
- To complete the purchase of one or more production on the Site, you can:
- register as a user, consequently accepting all sales clauses;
- complete the purchase without registering.
In order to complete the purchase, the user who decides to register an account (option a) must follow the standard procedure that includes the following three steps:
Click the top right of the "Account" menu and then on the "Register" link (once the account is created, the user can enter the site using the "Login" link);
Enter your name, surname, country, e-mail Address and password in the registration sheet. The user must fill out the password confirmation section to ensure that the password is correct;
The user will have completed account registration by clicking on Register.
With a personal account the user can:
- manage personal account information;
- get access to reserved and special promo;
- make purchases;
- track orders and review past purchases;
- save an Address to speed up purchases.
Next, the order form must be filled out on the Site, following the on screen instructions that will be automatically sent to Customer Care. This form contains a summary of the information on the essential features of each ordered product, price, taxes and duties, payment, shipping methods and costs, conditions for cancellation rights and purchased product return procedures/timeframes. Before final product purchase, the user is required to accept these General Sales and site use conditions and to check entered data, correctly them when necessary. The user who does not agree to any article in the General Use Conditions and General Sales Conditions should not complete the order form to purchase products on the Site. By filling out the order on-line, the customer states to have read all instructions provided during the purchase procedure and to fully accept the following General Conditions.
After verifying successful payment, valid personal data and shipping as well as ordered product availability, TAMATA S.R.L. shall consider the order accepted and will send order confirmation with all the relevant information via e-mail. Contracts stipulated between TAMATA S.R.L. and the customer must be considered closed with order acceptance by TAMATA S.R.L. and, in any case, subject to relevant payment collection.
- After completing the on-line purchase procedure, the customer shall print or save an electronic copy and keep these General Conditions and, if the customer is a consumer, also according to that foreseen in articles 52 and 53 of Legislative Decree nr. 206 dated September 6, 2005 (“Lgs. D. nr. 206/2005”).
- The customer can only make on-line purchases for the products found in the electronic catalogue published on the site (“Products”) and indicated as available when the order is placed, as described in the relevant information sheets viewable therein, or for items where backordes is available . It is understood that the sizes, weights, dimensions and performances indicated in the information sheet are approximate values and that the image of the product cannot be identically representative of its real features due to the Internet browser, monitor used or other reasons not attributable to TAMATA S.R.L. but may differ in colour, size, components and/or accessories displayed in the illustration.
- The receipt and acceptance of the order is confirmed by TAMATA S.R.L. via e-mail, sent to the e-mail address communicated by the customer upon site registration or when filling out the electronic order form. This confirmation message will indicate the date and time the order was received and a "Customer Order Number" to be used for any further communications with TAMATA S.R.L. The TAMATA S.R.L.'s message will contain a summary of the order placed, all the data entered by the customer and the General Conditions. The customer agrees to check the correctness and promptly communicate any corrections following the procedures described in the message. Confirmed and/or filled orders cannot be changed in any way. Additional orders placed shall be processed and shipped separately.
- The assortment published on the site reflects the exact real availability of each item, by size and colour, since the website is linked to all the warehouses where the displayed items are stocked and all availability data is updated in real-time. TAMATA S.R.L., after receiving the customer order request, reserves the right to confirm purchased item availability as check the transaction validity via credit card and the details of previous transactions made by the customer on the site. Should ordered items not be available or TAMATA S.R.L. not able to fill the customer order for any reason, TAMATA S.R.L. shall immediately inform the customer via e-mail. Specifically, in the event products are no longer available, or on sale at last site login (or when the order form is sent) but no longer available, TAMATA S.R.L. shall promptly or, in any case, within thirty (30) days from the day after the order was sent, communicate the unavailability of ordered products.
Should the contract that has already generated a payment by the customer not be closed for any reason, TAMATA S.R.L. shall immediately reimburse amounts paid by the customer.
Amount due and Currency
- The amount due for the purchase of the products is the one displayed to the customer directly by TAMATA S.R.L. via the site whose total amount is summarised in the cart, including VAT
- The customer shall pay for the products purchased on-line using one of the methods chosen when placing the order. No amounts other than the order total indicated at the end of the purchase procedure shall be due from the customer. Should the order be accepted for products to be shipped outside Italy, the cost of the ordered products will be increased - in addition to shipping costs - by taxes, if required by the laws in force in the country of destination of the purchased products.
- The official site currency is Euro. For countries not in the Euro zone, the exchange rate depends on the daily rates applied by the credit card issuer or payment form used (i.e.: PayPal). Payments and all cash transactions are in Euro. Prices and exchange rates with other currencies other than Euro are only approximate to help the user to have a greater perception of values: product prices thus may be subject to updates and are subject to taxes in force in any case. The amount to be charged to the customer's credit card or PayPal account may vary from the one indicated in the order since based on exchange rates subject to daily fluctuations and bank commissions. TAMATA S.R.L. recommends customers contact their banks to request further information on exchange rates and bank commissions concerning their transactions. The user must always check the accuracy of the final sales price before sending the relevant order form.
- Product purchased according to these general conditions can only be paid using one of the following methods: credit card, wire transfer, PayPal (paypal.it).
Carta di credito
For product purchases paid with credit card, the reference bank shall only authorise the coverage of the amount concerning the purchase at the end of the on-line purchase process. The amount concerning the filled order, even partial, will be only be charged to the customer's credit card upon communication, by the carrier employed by TAMATA S.R.L.of successful delivery of the ordered product.
Lack of carrier communication or should communication not be required for certain shipping methods, TAMATA S.R.L. - not able to verify the exact ordered product delivery date with certainty - reserves the right to charge the amount to the customer's credit card on the day the ordered product(s) are shipped.
- In the event of customer cancellation, pursuant to Legislative Decree no. 206/2005, or TAMATA S.R.L.'s failure to accept the order, Gente di Mare S.r.l. shall immediately request the cancellation of the transaction and release of any guaranteed amounts. Clearance time, for some types of cards, exclusively depend on the banking system and may even reach their natural expiration (currently the 24th day from authorisation date).
- TAMATA S.R.L. reserves the right to charge the amount of the order placed by the customer on the latter's credit card to avoid the expiration of the transaction authorisation as foreseen in previous paragraph (b). TAMATA S.R.L. reserves the right to request additional information of the customer (i.e.: telephone number or identification data) or a copy of documents proving ownership of the credit card used. The customer is aware that - in the event the requested documentation is not sent - the order may not be accepted.
- At no point in the purchase procedure is TAMATA S.R.L. and/or GENTE DI MARE S.R.L. able to know and record information concerning the customer's credit card, transmitted via protected connection (encrypted protocol) directly to the bank institution that manages the transactions without any passage through servers and databases owned by TAMATA S.R.L. and/or GENTE DI MARE S.R.L. or other third parties other than the bank. The electronic payment transaction is completed by re-routing the customer to a page off the WWW.FLY3.IT web site, directly managed by the bank institution chosen to manage on-line payment services. At the end of the electronic payment transaction the customer will be automatically taken back to the WWW.FLY3.IT web site where view the successful transaction results or in external page where transaction can be completed.Due to that stated in the previous chapter, no AMATA S.R.L. and/or GENTE DI MARE S.R.L. computer archive will save this data, neither upon transaction nor later. In no case may AMATA S.R.L. and/or GENTE DI MARE S.R.L. be held liable for any fraudulent or undue credit card use by third parties upon payment for products purchased on the site. In order to guarantee greater protection for purchases made online, TAMATA S.R.L. recommends customers use Verified By Visa or Mastercard Securecode services, requesting a PIN security code to made purchases in total security.
- For customer payments via credit card, TAMATA S.R.L. cannot be held liable for transaction results, which exclusively depend on the third party on-line payment service provider and who, in any case, is selected from the leading sector providers on the national level.
- The customer is aware that the purchase order and payment are sent via electronic networks and communication services whose correct operations are not under Gente di Mare S.r.l. 's control and for which TAMATA S.R.L. cannot be held liable in any way.
- For products paid via wire transfer, the customer order confirmation - sent via email by TAMATA S.R.L. according to the indications in previous article 4 - indicates the bank details to be used for payment. In this case, products ordered by the customer shall be reserved awaiting the credit of the corresponding amounts on TAMATA S.R.L.'s current account.
- The customer must send TAMATA S.R.L. - within 24 hours of order confirmation receipt via email to INFO@FLY3.IT - a copy of the wire transfer order in favour of the latter inclusive of cro number. In lack of receipt of the wire transfer order copy within the mentioned 24 hours, TAMATA S.R.L. shall no longer be bound to guarantee ordered product availability and order shipment will depend on actual availability upon receipt of the credited amount.
- The customer order will be shipped once TAMATA S.R.L. receives credit of the corresponding order total on its current account.
- For payments via PayPal, the customer may directly pay for the order using a verified PayPal account. TAMATA S.R.L. would like to inform you that only payments made and from verified accounts will be accepted and reserves the right to ship products ordered by the customer to the addres indicated in the PayPal verified account.
- Product order payments from unverified PayPal accounts shall be cancelled and, consequently, not filled by TAMATA S.R.L..
Shipping methods and fees - Billing
- Ordered products will be shipped to the address indicated by the customer upon site registration or - if different - to the Address indicated in the relevant order, preferably in Italy. The customer is aware that the request to deliver products outside Italy may force TAMATA S.R.L. to not accept the order. Order delivery status will be viewable to the customer via site login and consultation of the reserved area in the specific section containing the customer's purchase history on FLY3 shop, manage by TAMATA S.R.L..
- For each order placed on the site, TAMATA S.R.L. shall issue an invoice for the shipped products, sending it to the order holder via e-mail, as per art. 14 Presidential Decree 445/2000, and in the package containing the products, in number of copier under the law. The information provided by the customer in the order form and upon site registration will be used for invoice issue and preparation purposes. No changes may be made to data once the invoice is issued.
- Delivery fees, as indicated on the site and in the order text, are at the customer's expense. Please see the "Shipping information" sector for further details.
- Orders will be shipped from Monday through Friday. Orders placed on Saturday and Sunday or any other holiday or pre-holiday shall be processed by TAMATA S.R.L. starting from the first business day following the date the order was placed.
- Ordered products will be delivered to the customer in customized packages to product the packaging originally included by the manufacturer and entrusted to a specifically assigned carrier. The customer will be communicated the name of the carrier as foreseen on the site. TAMATA S.R.L. cannot be held liable for any delivery delays.
- The customer will be received the track number to trace shipment any time.
- TAMATA S.R.L.'s contract obligations with the customer are considered met when and where the products purchased by the latter are delivered by TAMATA S.R.L. to the carrier selected for shipment. The delivery of the ordered product by the carrier is considered to the customer's street level unless otherwise communicated by Customer service.
- Upon delivery of the purchased product by the carrier, the customer should check:
- that the number of packages delivered matches the number indicating in the shipping document sent via e-mail;
- that the packaging is integral, not damaged, nor wet or otherwise altered, including sealing materials (adhesive tape or metallic staples). Any damages to the packaging and/or product or discrepancies between the number of packages or indications must be immediately reported by the customer, indicating WITH WRITTEN CONTROL RESERVES (SPECIFYING THE REASON FOR THE RESERVES, i.e.: "torn packaging", "crushed packaging", etc.) on the carrier's shipping bill. Once the courier’s document is signed without any reserves specified on the shipping bill, the customer can no longer make claims on the exterior features of that delivered.
- In the event the product held in deposit at the carrier's warehouse, due to the reiterated impossibility to deliver the package at the address indicated by the customer in the order, is not picked up within 5 business days, the ordered product will be returned to the TAMATA S.R.L. warehouse.
Customer's right of rescission
- Pursuant to art. 64 of Legislative Decree nr. 206/2005, the customer who is qualified as a consumer has the right to rescind from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and according to the procedures described in the following articles. Should the provided terms and methods not be followed when exercising the right of rescission, as specified in this paragraph and following articles, the customer forfeits the right to reimbursement of amounts paid to TAMATA S.R.L.; the customer may, in any case, re-obtain the products in the conditions in which they were returned to TAMATA S.R.L. at his/her expense. Otherwise, TAMATA S.R.L. may keep the products in addition to the amounts paid for their purchase. 3 months from the date in which the products were made available to the customer for pick up, products will be destroyed or, in any case, sent to disposal without any further communication or consent request with the customer.
- To exercise the right of rescission as per previous article 19, the customer must send TAMATA S.R.L. a communications on this topic, within 10 business days from the date of receipt of the products for which the customer intends to exercise the right of rescission. This communication, written as per legal instructions (see specific form that can be downloaded in the reserved area) must be sent via email at INFO@FLY3.IT, or fax PEREMPTORILY within the 24 hours following delivery of the registered letter and, in any case, within the abovementioned 10 business days of the date the ordered products are received.
- Once the abovementioned communication of rescission is received, the customer will be quickly provided with instructions on return procedures, which must be peremptorily returned in the packaging initially used for the delivery, to the address and with the carrier specified on return confirmation. The returned product must be received by TAMATA S.R.L. within 10 days from the date the customer receives the RMA authorisation communication sent by TAMATA S.R.L.. For this reason, the post mark or carrier's stamp will apply.
- The purchased product must be returned integral, not used, nor washed or otherwise altered, complete with all its parts, accompanied by its eventual associated control label or any disposable seals and in the original packaging (including original packaging and boxes, and any accessory materials such as, for example, dust bags, hangers and garment covers) as originally sealed by the manufacturer. To limit damages to the original product packaging, please insert it in the box in which the goods were initially shipped; affixing labels or adhesive tape directly on the original product packaging should be peremptorily avoided in all cases.
- Product return shipping fees are at the customer's expense; delivery fees to the customer and any accessory fees and/or taxes and/or customs duties indicated upon order shall not be reimbursed to the customer. The customer is solely and fully liable for shipping until confirmed receipt at the TAMATA S.R.L.
- The right of rescission is exclusively applied to the product purchased in its entirety; thus, the right of rescission cannot be exercised for only one or more parts of the purchased product. For orders including several products, the right of rescission can be exercised for one or more products in the order, specifying the description of the products to be returned in the rescission communication, as per previous article 20. For rescission for an order with more than one product, returns must be sent to TAMATA S.R.L. in a single shipment. In fact, TAMATA S.R.L. reserves the right to not accept items from the same order, returned and shipped at different times. In the event of products damaged during transport, TAMATA S.R.L. shall inform the customer of the event (within 3 business days of product receipt at their warehouse), to allow the customer to file claims with the carrier or shipping agent and obtain reimbursement for the product value (if insured); in this case, the product shall be made available to the customer for returns, simultaneously voiding the rescission request. TAMATA S.R.L. is not liable for product damages or theft/loss in any way. Upon arrival at the TAMATA S.R.L. warehouse, the product will be inspected to evaluate any damages or tampering not due to transport. Should the product(s) labels and/or stickers (both those sewn on the product and those usually removed before product(s) use), the packaging and/or original package (including any additional accessory packaging material) be ruined, Gente di Mare S.r.l. shall withhold a percentage from the reimbursement due not over 10% of the product value as contribution for repairs.
- Except for shipping fees, taxes and any customs duties incurred to deliver purchased products and repair expenses withheld as contribution to repair confirmed damages to original packaging, TAMATA S.R.L. shall reimburse the customer the amount already paid to purchase the product as quickly as possible and, in any case, within 30 days of the date of receipt at the TAMATA S.R.L. warehouse. For credit card payment, by refund procedure of the amount charged to the credit card or via wire transfer. In the latter case, the customer must promptly provide bank details for the refund (ABI - CAB - IBAN - Current account number and invoiced customer's bank). Should the product address indicated in the order form not match the individual who paid the amounts due for their purchase, in the event the right of rescission is exercised, TAMATA S.R.L. shall reimburse the amounts to the individual who made the payment in any case. If the customer paid COD by bank cheque or cashier cheque, TAMATA S.R.L. will reimburse the amount to the customer, net of any repair fees, via wire transfer, to the account indicated by the customer within the terms described above, both in the event the amounts were not yet collected by TAMATA S.R.L. and in the event amounts were already collected.
The actual time required to refund or reimburse amounts paid to purchase products depends on the payment method used:
- purchase with credit/debit card: refund time depends on the credit/debit card, normally within two account statements;
- purchase via wire transfer: the refund is credited on the current account that sent the wire transfer;
- purchase via PayPal: the PayPal account is refunded and immediately visible when TAMATA S.R.L. accepts the return. Actual refund on the PayPal account finally depends on the credit card issuer, but this normally occurs within 30 days.
- The customer forfeits the possibility to exercise the right of rescission, for failure to meet of essential product integrity conditions (packaging and/or its content), when TAMATA S.R.L. ascertains:
- the even partial use of the product and any accessories:
- the lack of original external and/or internal packaging;
- missing supplementary product elements;
- missing control label attached to the product or other disposable seals, if attached;
- product damages due to causes other than transport.
In these cases, the products will remain in deposit at the TAMATA S.R.L. warehouse, available for customer pick up at his/her expense and liability.
- All product sold through the site are covered by the manufacturer's warranty for apparent defects, for 12 months in the event the customer is a professional (and, as such, VAT number holder) and 24 months in the event the customer is a consumer, as set by Legislative Decree nr. 206/2005.
- The manufacturer's warranty is provided in the manner prescribed by law.
- The warranty applies to the product that has an apparent defect, provided the product is correctly used, as per its intended use and that foreseen in the enclosed documentation. In the event of apparent defect, TAMATA S.R.L. shall restore product conformity through repairs/replacement or reduce the price or cancel the contract without charging the customer. If, following a Gente di Mare S.r.l. inspection, the fault is not an apparent defect, the customer shall be charged any inspection and repair costs, where applicable, as well as transport costs if sustained by TAMATA S.R.L. In the event of return due to factory or shipping defect, shipping costs will only be sustained by TAMATA S.R.L. if our suitably indicated reference carrier is used for this purpose.
- Should, for any reason, TAMATA S.R.L. not be able to return a product under warranty to the customer (repaired or replaced), at its discretion is may refund the amount paid taking into account product use or replace it with a product with the same or superior characteristics.
- Defective product repair or replacement time exclusively depend on the manufacturer's policies and no claims can be filed against TAMATA S.R.L. for any repair or replacement delays.
- In the event the warranty requires the product to be returned, it must be returned by the customer in its original packaging, complete with all its parts (including packaging, accessory packaging material and any documentation and accessories). In order to limit damages to the original packaging, TAMATA S.R.L. recommends you insert in in the box set with the initial shipment.
- Pursuant to article 13, Legislative Decree 196/2003 as amended, Gente di Mare S.r.l., as data controller, informs the customer that the personal data provided and simultaneously acquired (i) upon registration in the reserved site area, (ii) at the closure of an on line purchase contract for any product via the site, (iii) when navigating on the site through so-called system "logs", will be processed with manual, computer and electronic tools for the following purposes:
- TAMATA S.R.L.'s performance of the activities necessary to close, manage and execute product purchase contracts via its owned site;
- for purposes strictly associated and/or necessary to meet the requests formulated by the user through its site or via e-mail or other communication tool accordingly;
- the execution of the obligations required by laws, rules and community regulations as well as the provisions imparted by the authorities strictly legitimated for such purposes by law or supervision and control boards;
- delivery of the newsletter and promotional material for the products offered by TAMATA S.R.L..
With reference to the purposes indicated above, Gente di Mare S.r.l. would like to inform you that providing data is mandatory for the purposes stated in sub 1), 2) and 3), with the consequence that, in these assumptions, any refusal to provide data result in the impossibility for TAMATA S.R.L. to meet and fill customer orders and requests.
In consideration of the above, with reference to the processing stated in previous number 4), Gente di Mare S.r.l. informs you that with (i) site registration, (ii) placing orders on-line and consequent purchase contract closure, (iii) the request for information on products and services offered by TAMATA S.R.L., whatever form or vehicle used by the user to send this request to the TAMATA S.R.L., (iv) site navigation via so-called system “logs” , the customer expressly consents and states to accept the simultaneous registration for the newsletter to receive promotional material on the products and services offered by Gente di Mare S.r.l., without requiring the latter to request the user's consent for this type of process case by case.
Due to the previous paragraph, Gente di Mare S.r.l. shall be expressly authorised by the user to send the newsletter and promotional material on the services and products offered by TAMATA S.R.L., without the need of any additional and prior request for the user's authorisation, when the latter (i) registers on the site, (ii) closes a purchase contract with TAMATA S.R.L., (iii) requests information on products and services offered by TAMATA S.R.L., both in written and oral form using any communication means, (iv) navigates on the site using so-called system "logs".
Personal data will be processed by Gente di Mare S.r.l. using logics strictly correlated to the purposes indicated above and, in any case, to guarantee data security and confidentiality. Furthermore, personal data may be communicated - for the purposes stated in points 1), 2) and 3) - to individuals other than Gente di Mare S.r.l., like TAMATA S.R.L., who process them as autonomous data controllers or processors. In any case, personal data will not be disclosed.
Data will be kept within the EU.
Lastly, Gente di Mare S.r.l. would like to inform you that article 7 of Legislative Decree 196/2003 grants the customer who communicates his/her personal data specific rights including the right to obtain from the controller or processor, where nominated, the confirmation as to whether their personal data exists and their availability in intelligent form, to know the origin of the data and the logic and purposes on which processing is based, to obtain the cancellation, anonymisation or blockage of data processed in infringement of the law as well as the update, rectification or, when in his/her interest, the integration of data; object, for legitimate reasons, to their processing.
In order to learn of variations or changes to policies followed by Gente di Mare S.r.l. concerning personal data privacy, due, mainly, to regulatory changes, it is best the customer constantly consults this document.
Any customer claim must be notified to GENTE DI MARE S.R.L. and/or TAMATA S.R.L. by e-mail, telephone, Whatsapp or fax.
These General Conditions are exclusively regulated by Italian Law.
For all intents and purposes of Italian Civil Code articles 1341 and 1342, I expressly consent to the provisions in articles: 3 (summary description of the products in the catalogue); 5 (right to not fill the order); 8.1, lett. e (lack of liability for fraudulent customer credit card use); 8.1, lett. f (lack of liability for successful on-line payment); 8.2, lett. b (order cancellation reserves for failure to receive a copy of the wire transfer order within 48 hours); 8.3, lett. b (order cancellation reserves in the event of payment from unverified PayPal accounts); 11 and 22 (delivery/shipping fees and taxes charged to the customer); 15 (Gente di Mare S.r.l. obligation upon product delivery to selected carrier); 16 (customer obligation to inspect delivered products); 17 (product acceptance without reserves by the customer, in lack of claims); 23 (10% charge reserves for returned product damages); 25 (denied returned product acceptance reserves); 32 (privacy) and 34 (applicable law), in these General Conditions.