Terms and Conditions of Sale and Payment

This document sets out the general terms and conditions of sale and online payment through the website corresponding to the domain name WWW.FLY3.IT, owned by GENTE DI MARE S.R.L., which manages and is responsible for the content, the privacy policy, the cookies and the web platform. However, ownership of products under the FLY3 brand, responsibility and management of sales activities, from order to shipment, is entrusted to TAMATA S.R.L.

These general terms and conditions (hereinafter "General Conditions"), unless otherwise specifically agreed in writing, govern the relationships between GENTE DI MARE S.R.L., TAMATA S.R.L. and the customer, consumer or professional (hereinafter "Customer").

To be able to purchase through our site the following necessary conditions are required:

    • be over 18 years of age;
    • have a personal and valid e-mail address;
    • have the requirements to access and legally enter into binding contracts;
    • have a credit card for verification and payment: American Express, Visa, Master Card, Paypal, or have a bank account to make a bank transfer.

The Site is addressed exclusively to users who are "end consumers", that is any natural person acting on the Site for purposes not related to their commercial, entrepreneurial or professional activity, if any.

Conclusion of the Contract

  1. To conclude the purchase of one or more products on the Site it is possible to:
    • register the user, with the consequent acceptance of all sales clauses;
    • complete the purchase without registration.

To make a purchase, the user who decides to register their account (option a) must follow a standard procedure that includes the following three steps:

    • Click on the "Account" menu and then on the "Register" link (once the account is created you will access via the "Login" link);
    • Access promotions reserved and previewed for particular initiatives;
    • Enter your first name, last name, country, e-mail address and a password in the registration form. The user must ensure to fill in the password confirmation section to verify that the password is correct;
    • By clicking Register the user will have completed the registration of their account.

Through this personal account it will be possible to:

    • manage your personal account information;
    • make purchases;
    • access exclusive and preview promotions;
    • track your orders and review past purchases;
    • save your address for faster checkout.

If the user does not wish to register on the site (option b), they can still complete the purchase: in this case only the data necessary to finalize the order will be requested and the e-mail address will be automatically subscribed to our newsletter (see article 33 below regarding personal data protection).

Next, the order form must be completed within the Site, following the relevant instructions, which is automatically transmitted to Customer Care. This form contains a summary of information about the essential characteristics of each product ordered, the price, taxes and duties, payment, shipping methods and costs, the conditions for exercising the right of withdrawal and the methods/times for returning purchased products. Before proceeding with the final purchase of the products, the user is required to accept these General Terms and Conditions of Sale and site use and to check the data entered, allowing for any corrections. The user who does not agree with any article contained in the Terms of Use and the General Conditions of Sale is invited not to submit the order form for the purchase of products on the Site. By completing the online order, the Customer therefore declares that they have read all the information provided during the purchase procedure and accept in full the General Conditions set out below.

Once payment correctness, the truthfulness of personal and shipping data, and the availability of the ordered product have been verified, TAMATA S.R.L. will consider the order accepted and will confirm by e-mail the acceptance and processing of the order with all related information. The contract concluded between TAMATA S.R.L. and the Customer shall therefore be deemed concluded upon acceptance of the order by TAMATA S.R.L. and, in any case, subject to successful payment.

  1. Once the online purchase procedure has been completed, the Customer will print or save an electronic copy and in any case keep these General Conditions and, if the Customer is a consumer, also in compliance with the provisions of Articles 52 and 53 of Legislative Decree 6 September 2005, no. 206 ("Legislative Decree no. 206/2005").

Purchase Methods

  1. The Customer can only purchase online the products listed in the electronic catalog published on the Site ("Products") and indicated as available at the time the order is placed, as described in the related information sheets viewable there, or those for which backorder is active. It is understood that the measurements, weights, dimensions and performance indicated in the information sheet are approximate values and that the image accompanying a Product's description may not perfectly represent its real characteristics due to the Internet browser, the monitor used or other reasons not attributable to TAMATA S.R.L., and may differ in color, size, components and/or accessories shown in the image.
  2. The receipt and acceptance of the order is confirmed by TAMATA S.R.L. by e-mail sent to the e-mail address provided by the Customer at the time of registration in the reserved access area of the Site or at the time of filling in the electronic form relating to the transmission of the order. This confirmation message will report the date and time of receipt of the order and a 'Customer Order Number' to be used in any further communication with TAMATA S.R.L.. The response message from TAMATA S.R.L. will contain a summary of the order placed, all the data entered by the Customer and the General Conditions. The Customer undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in the message itself. It is not possible in any case to request changes to orders that have already been confirmed and/or fulfilled. Additional orders placed will be processed and shipped separately.
  3. The assortment on the Site reflects the actual real availability of each item, by size and color and any other variants. TAMATA S.R.L., once it has received the Customer's order request, reserves the right to confirm the availability of the purchased items, as well as to verify the validity of the credit card transaction and the details of previous transactions made by the Customer on the Site. If the ordered items are not available, or for any reason TAMATA S.R.L. cannot fulfill the Customer's order, TAMATA S.R.L. will immediately send a communication to the Customer by e-mail. In particular, in the case of products no longer available, or on sale at the time of the last access to the site (i.e. when the order form was sent) but subsequently no longer available, TAMATA S.R.L. will communicate, promptly and in any case within thirty (30) days from the day following the day on which the order was transmitted, the possible unavailability of the ordered products.

If the contract is not concluded for any reason, but a payment has already been made by the Customer, TAMATA S.R.L. will promptly refund the amount already paid by the Customer.

Price and Currency

  1. The consideration for the purchase of the Products is that which is communicated to the Customer from time to time directly by TAMATA S.R.L. through the Site itself and summarized in its total amount in the cart, including VAT.
  2. Payment for Products purchased online by the Customer will be made using the method chosen at the time of ordering. Nothing more will be due by the Customer than the total of the order shown at the end of the purchase procedure. In case of acceptance of an order for Products to be delivered outside Italian territory, the amount corresponding to the cost of the ordered Products will be increased - in addition to shipping costs - by taxes, if required by the legislation of the destination country of the purchased Products. Taxes are not included in the price shown on the site.
  3. The official currency of the Site is the Euro. For countries that do not use the Euro, the exchange depends on the rates applied daily by the issuing institution of the credit card or payment method used (e.g., PayPal). Payments and all monetary transactions take place in Euro. Prices and conversions to currencies other than the Euro are indicative only to help the user better perceive values: product prices may therefore be subject to updates and are in any case subject to applicable taxes. The amount charged to the customer's credit card or PayPal account may vary from that indicated at the time of the order as it is based on exchange regimes subject to daily fluctuations and bank fees. TAMATA S.R.L. invites customers to contact their bank for detailed information on exchange rates and bank fees related to their transaction. The user must always verify the accuracy of the final sale price before submitting the order form.

Payment Methods

  1. Payments for Products purchased under these general conditions may only be made using one of the following methods: credit card, bank transfer, PayPal card (paypal.it).

Credit Card

In cases of purchase of Products with payment by credit card, at the same time as the conclusion of the online purchase, the relevant bank will authorize only the commitment of the amount relating to the purchase made. The amount relating to the goods shipped, even partially, will actually be charged to the Customer's credit card only upon notification by the courier appointed by TAMATA S.R.L. of the actual delivery of the ordered Product.

If there is no communication from the courier or if the communication is not provided for certain types of shipment, TAMATA S.R.L. - not being able to verify with certainty the exact delivery date of the ordered Product - reserves the right to charge the amount to the Customer's credit card on the day of shipment of the Product(s) subject to the order.

      • In case of withdrawal by the Customer pursuant to Legislative Decree no. 206/2005, or of non-acceptance of the order by TAMATA S.R.L., it will promptly request the cancellation of the transaction and the release of the committed amount. The release times, for some types of cards, depend exclusively on the banking system and may reach their natural expiry (currently the 24th day from the authorization date).
      • TAMATA S.R.L. reserves the right to charge the amount of the order placed by the Customer to the Customer's credit card, in order to avoid the expiry of the transaction authorization as provided in the preceding paragraph (b). TAMATA S.R.L. reserves the right to request additional information from the Customer (e.g., landline phone number or ID details) or the sending of copies of documents proving the ownership of the credit card used. The Customer acknowledges that - in the absence of sending the requested documentation - the order may not be accepted.
      • At no time during the purchase procedure will TAMATA S.R.L. and/or GENTE DI MARE S.R.L. be able to know and record the Customer's credit card information, transmitted via a secure connection (encrypted protocol) directly to the bank managing the transaction without any passage through the servers and databases of TAMATA S.R.L. and/or GENTE DI MARE S.R.L. or other third parties different from the bank itself. The completion of the electronic transaction relating to the payment of the consideration takes place through the redirection of the Customer to a page external to the site WWW.FLY3.IT, owned by GENTE DI MARE S.R.L., managed directly by the bank chosen for the management of online payment services. At the end of the electronic transaction for the payment of the consideration, the Customer will be automatically returned to the Site page WWW.FLY3.IT where they can take note of the actual completion of the transaction or to an external page appropriate to the completion of the transaction. By virtue of the foregoing, no computer archive of TAMATA S.R.L. and/or GENTE DI MARE S.R.L. will store such data, neither at the time of the transaction nor subsequently. In no case can TAMATA S.R.L. therefore be held responsible for any fraudulent and improper use of credit cards by third parties at the time of payment for Products purchased on the Site. To ensure greater protection for purchases made online, TAMATA S.R.L. recommends that its Customers join the Verified By Visa or Mastercard Securecode services, requesting a security PIN code with which to make purchases securely. For more information please visit: www.cartasi.it
      • In cases of payment of the consideration by the Customer by credit card, TAMATA S.R.L. cannot be held responsible for the outcome of the transaction, which depends exclusively on the third-party provider of the online payment service and which, in any case, will be chosen among the main operators in the sector at national level.
      • The Customer acknowledges that the submission of the purchase order and the payment of the consideration takes place through networks and electronic communication services whose correct functioning is outside the sphere of control of TAMATA S.R.L., for which it cannot therefore be held liable in any way.

Bank Transfer

      • In case of payment of the Products by bank transfer, the Customer confirmation of the order - sent by e-mail by TAMATA S.R.L. as indicated in article 4 above - will indicate the bank details to be used for payment. The Products subject to the Customer's order will in this case be reserved pending crediting to TAMATA S.R.L.'s bank account of the corresponding amounts.
      • The Customer will in any case be required to send to TAMATA S.R.L. - within 24 hours of receipt of the order confirmation by e-mail to INFO@FLY3.IT - a copy of the bank transfer order made in favor of the latter including the CRO number. If a copy of the bank transfer is not received within the aforementioned 24-hour period, TAMATA S.R.L. will no longer be obliged to guarantee the availability of the ordered goods and shipment of the goods will be subject to actual availability at the time of crediting the transferred amount.

PayPal

      • For payments via PayPal the customer can pay the order directly using a verified PayPal account. TAMATA S.R.L. informs that only payments made from verified accounts will be accepted and reserves the right to ship the products ordered by the customer to the addresses indicated in the verified PayPal account.
      • Payments for orders from unverified PayPal accounts will be canceled and, consequently, not executed by TAMATA S.R.L.
      • The terms and conditions set out above also apply to the PayPal Pay in 3 installments service without interest. In this case, the entire service, the installment deadlines and disputes are managed by the PayPal platform based on the contractual conditions stipulated between PayPal and the Customer: TAMATA S.R.L., therefore, is not responsible for any problem and contractual condition between the Customer and PayPal nor for the personal data and the Customer's card/account stored by PayPal.
      • The PayPal Pay in 3 installments service is available only for orders over 30 euros up to a maximum of 2000 euros. If the order amount is lower and the Customer has opted for this payment method, PayPal offers the possibility to pay the entire amount in a single solution through its platform. For more information on the installment payment service, please refer to the PayPal terms and conditions.
      • In case of withdrawal and/or cancellation of the order, with payment in a single solution or in 3 installments, the amount due by TAMATA S.R.L. to the Customer will be charged through the PayPal platform and may be visible on the PayPal-linked account or card within a few days.

Klarna

      • If the order is paid with Klarna, the payment will be divided into 3 interest-free installments. The first installment will be charged as soon as TAMATA S.R.L. communicates the shipment tracking code of the order to Klarna; the remaining installments will be charged every 30 days until the amount is paid off: you will receive a communication from Klarna before proceeding with the charge. For more information on the installment payment service, please refer to the Klarna terms and conditions.
      • The service is available only for orders over 35 euros. If the order amount is lower and the Customer has opted for this payment method, Klarna offers the possibility to pay the entire amount in a single solution through its platform.
      • In case of withdrawal and/or cancellation of the order, Klarna will refund the amount due.
      • TAMATA S.R.L. is not responsible for identity verification, reports, customer data and cards retained by Klarna nor for late payments and/or Customer defaults towards Klarna.

Scalapay

      • If the order is paid with Scalapay, the payment will be divided into 3 equal interest-free installments, provided that the installments are paid by the established due dates. The first installment will be charged at the time of purchase; the remaining installments will be charged every 30 days from the date of purchase until the amount is paid off.
      • If you buy with Scalapay you receive your order immediately and pay in 3 installments. Please note that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees and you authorize such assignment.
      • Scalapay pays the seller the full amount of the order immediately and assumes all risks of fraud and non-payment, releasing TAMATA S.R.L. from any liability.
      • For more information on the Scalapay installment payment service, on return management and order cancellation, please refer to their official page.

Order shipment will take place once TAMATA S.R.L. has received actual crediting to its bank account of the amounts corresponding to the order.

Delivery Methods and Costs – Invoicing

  1. Ordered Products will be sent to the address indicated by the Customer at the time of registration in the reserved access area of the Site or - if different - to the address indicated in the related order, preferably within Italian territory. The customer acknowledges that a request for delivery of Products outside Italian territory may result in non-acceptance of the order by TAMATA S.R.L.. The delivery status of the order will be visible to the Customer by accessing the Site and consulting the reserved area in the appropriate section containing the purchase history archive of purchases made by the Customer at the FLY3 online shop, managed by TAMATA S.R.L..
  2. For each order placed on the Site, TAMATA S.R.L. will issue a regular invoice or receipt for the Products shipped, sending it to the order holder both by e-mail, pursuant to art. 14 D.P.R. 445/2000, and inside the package containing the Products, in the number of copies required by law. For the purposes of issuing and preparing the invoice, the information provided by the Customer in the order form and at the time of registration in the reserved access area of the Site shall prevail. Once the invoice has been issued, no changes may be made to the data entered therein.
  3. Delivery costs, as specified on the Site and in the order text, are borne by the Customer. See the "Shipping Information" section for further details.
  4. Order shipments will be made from Monday to Friday. Orders placed on Saturdays and Sundays or on other public holidays or pre-holidays will be processed by TAMATA S.R.L. starting from the first working day following the day of submission.
  5. Delivery to the Customer of the Products subject to the order will be made through customized packaging to protect the original packaging provided by the manufacturer which will be entrusted to a courier specifically appointed. The communication to the Customer of which courier will be appointed for delivery will be made with the methods provided on the Site. No responsibility can be attributed to TAMATA S.R.L. in case of delay in the delivery of the ordered items.
  6. If the customer requests it, the tracking number can also be sent to them to track the shipment at any time and independently.
  7. TAMATA S.R.L.'s contractual performance towards the Customer is considered fulfilled at the time and place where the Products purchased by the Customer are delivered by TAMATA S.R.L. to the courier chosen for delivery. Delivery by the courier of the ordered Product is considered at the customer's curbside, unless otherwise communicated by Customer Service.
  8. In case of failure to collect within 5 working days the Product held in storage at the courier's warehouses due to repeated inability to deliver to the address indicated by the Customer at the time of order, the ordered Product will be returned to TAMATA S.R.L.'s warehouses.
  9. At the time of delivery by the courier of the purchased Product, the Customer is required to check:
  • that the number of packages delivered corresponds to what is indicated in the transport document sent in advance by e-mail;
  • that the packaging is intact, not damaged, nor wet or otherwise altered, including closure materials (adhesive tape or metal straps). Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately contested by the Customer by making a WRITTEN CHECK RESERVE (SPECIFYING THE REASON FOR THE RESERVE, e.g., "punctured packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed without any specific reservation indicated on the proof of delivery, the Customer may not raise any dispute regarding the external characteristics of what was delivered.

Customer Right of Withdrawal

  1. Pursuant to art. 64 of Legislative Decree no. 206/2005, the Customer who qualifies as a consumer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and in the manner indicated in the following articles. If the methods and terms prescribed for exercising the right of withdrawal are not respected, as specified in this paragraph and in the following articles, there will be no right to a refund of the amounts already paid to TAMATA S.R.L.; the customer may, however, recover the products at their own expense in the condition in which they were returned to TAMATA S.R.L.. Otherwise, TAMATA S.R.L. may retain the products, in addition to the amounts already paid for their purchase. After 3 months from the date on which the garments are made available to the Customer for possible collection, the garments will be destroyed or otherwise disposed of without any further communication or request for consent to the Customer.
  2. To exercise the right of withdrawal referred to in article 19 above, the Customer must send TAMATA S.R.L. a communication to that effect within 10 working days from the date of receipt of the Products with respect to which the right of withdrawal is exercised. This communication, drafted in accordance with the legal requirements, must be sent by e-mail to INFO@FLY3.IT or by fax, and MUST be sent within the aforementioned term of 10 working days from the date of receipt of the ordered Products.
  3. Once the aforementioned withdrawal communication has been received, instructions on the return methods will be promptly communicated to the Customer. The return should preferably be made using the original packaging used for delivery, to the address and with the courier specified in the return acceptance communication. The Product to be returned must reach TAMATA S.R.L. within 10 days from the date of receipt by the Customer of the return acceptance communication sent by TAMATA S.R.L.. For this purpose, the date of delivery to the post office or carrier shall be conclusive.
  4. The purchased Product must be returned intact, unused, not washed or otherwise altered, complete with all its parts, equipped with any single-use seals and in the original packaging (including original packaging and boxes, and any accessory material, such as, by way of example, dustbags, hangers and garment covers) as sealed originally by the manufacturer. To limit damage to the original Product packaging, it is recommended to place the return preferably inside the box with which the goods were initially shipped; it is strictly forbidden in all cases to affix labels or adhesive tapes directly to the original product packaging.
  5. Shipping costs related to the return of the Product are borne by the Customer as well as other accessory costs and/or taxes and/or customs duties applied on the import of the return: such costs will be deducted from the refund/voucher or charged to the customer in the event that, in exchange for the return, there is no request for a refund or issuance of a voucher, but the replacement with al