Terms of service
1) INTRODUCTION AND GENERAL PROVISIONS
The following terms and conditions of sale exclusively govern the relationship between the company Opaco s.r.l., headquartered in Cartigliano (VI) at Via Giuseppe Mazzini 88, 36050, C.F. and P. IVA 04158650244, hereinafter referred to as "supplier," and any individual, hereinafter referred to as "customer," who makes online purchases on the website shop.nautilus.school/ owned by the supplier.
2) SUBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
The term "online sales contract" refers to a distance contract, a legal agreement concerning the purchase of movable goods and/or services, entered into between a supplier, in this case, Opaco s.r.l.s, and a customer consumer within the framework of a remote sales system organized by the supplier, who exclusively uses the "internet" for this contract. All contracts will therefore be concluded directly through the customer's access to the corresponding website at shop.nautilus.school/, where, by following the specified procedures, the customer will finalize the purchase contract for the chosen product. A consumer is defined as an individual who purchases goods and services for purposes not directly related to any professional activity they may perform. The following sales conditions will remain in effect until they are changed by the supplier. Any modifications to the sales conditions will become effective when published on the website shop.nautilus.school/ and will apply to sales made from that point onward.
3) PRE-CONTRACTUAL INFORMATION
The supplier undertakes to describe and depict the products offered for sale on the website shop.nautilus.school/ in the best possible way. Nevertheless, errors and/or inaccuracies or slight differences between the depicted product on the website and the actual product may still be found. Before finalizing the purchase contract, the customer must review the characteristics and specifications of the product they intend to purchase, as described and depicted in the individual illustrated sheets on the website shop.nautilus.school/. Before confirming the order and making the subsequent payment, the customer declares that they have reviewed: – the price of the product they intend to purchase, along with the relevant shipping conditions, – the payment methods, – the delivery time of the product, – the conditions and deadline for exercising the right to exchange goods, – the legal warranty of the product they intend to purchase, – the competent court in case of a dispute.
4) CONTRACT STIPULATION PROCEDURES
The contract between the supplier and the customer is exclusively concluded via the internet by the customer accessing the website shop.nautilus.school/ where, by following the indicated procedure, they can proceed to formalize the proposal for the purchase of the chosen product.
5) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract will only be considered concluded upon the supplier sending an order confirmation email to the customer containing the customer's details, the order information, the price of the purchased product, and any additional accessory charges, the payment methods and terms, and the address where the product will be delivered. In the absence of the aforementioned information, the order is not considered finalized.
6) PRODUCT AVAILABILITY
The customer can purchase the products listed in the electronic catalog available on the website shop.nautilus.school/ and in the quantities available in stock, as indicated by the supplier in their electronic catalog. If an order exceeds the available stock quantities, the system will accept the purchase only for the available products and will inform the buyer via email if the product will be available in the future and the expected supply time. If, after sending the order confirmation email by the supplier, cases of total or partial unavailability of the purchased goods occur (e.g., due to the sale of the same products to other customers before the order confirmation, caused by the simultaneous presence of multiple users on the site or concurrent orders), the order will be automatically adjusted by removing the unavailable product(s), and the customer will be immediately informed via email with information on the refund procedures and timelines for any amounts already paid.
7) PRICES
All sales prices of the products displayed on the website shop.nautilus.school/, which constitute a public offer pursuant to art. 1336 c.c., are expressed in euros and include VAT, where applicable, and any other taxes; the transportation and shipping costs are duly highlighted on the specific page within the website, which the customer must review before confirming the purchase. The prices indicated for each of the goods offered to the public are valid until the date indicated in the relevant catalog. The customer agrees that the supplier may change the prices of the goods for sale at any time; however, the product purchased by the customer will be sold at the price indicated on the website at the time the order was placed by the customer and as indicated in the confirmation email sent by the supplier.
8) PAYMENT METHODS
Every payment by the customer can only be made using one of the methods indicated on the website shop.nautilus.school/. Any refund to the customer by the supplier will be made using one of the methods proposed by the supplier and chosen by the customer. All communications relating to payments will occur through dedicated secure lines.
9) DELIVERY TIMES AND METHODS
The supplier will deliver the purchased goods using the methods chosen by the customer or indicated on the website shop.nautilus.school/ at the time of the product offer and as specified in the confirmation email sent by the supplier.
10) LEGAL WARRANTY OF CONFORMITY
In the case of receiving defective products or products that do not comply with the orders placed, the customer is entitled to have the product's conformity restored free of charge through repair or replacement. The customer can exercise this right if the defect becomes apparent within two years of delivery and reports the defect within two months of discovery. In the case of a defective or non-compliant product, the supplier will arrange for the product to be picked up at their own expense, subject to the customer's availability.
11) LIMITATIONS OF LIABILITY
The supplier assumes no responsibility for disruptions due to force majeure or unforeseen circumstances in cases where they are unable to fulfill the order within the terms specified in the contract, including in the case of internet malfunctions and/or service disruptions. The supplier will not be responsible for damages, losses, and/or costs suffered by the customer due to non-performance of the contract for reasons not attributable to them, as the customer is only entitled to a full refund of the price paid and any accessory charges incurred, such as shipping and transportation costs. The supplier also assumes no responsibility for any fraudulent and/or illegal use of credit cards or other payment methods made by third parties for the payment of purchased goods, provided they demonstrate that they have taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.
12) RIGHT OF WITHDRAWAL
The consumer who, for any reason, is not satisfied with the purchase made, has the right to withdraw from the concluded contract without any penalty and without specifying the reason, within 14 working days from the day of receipt of the purchased goods. Withdrawal must be communicated by sending a Return Form request via email to info@opacoitalia.it within the aforementioned 14 working days and obtaining approval and authorization for the return from the Supplier. Once authorized, the customer can proceed with the physical return of the goods using the Supplier's preferred courier via the appropriate form. The consumer cannot exercise the right of withdrawal on mandatory items purchased in the pre-order made before the start of the school year, as well as on products made to measure or clearly personalized or that, by their nature, cannot be returned or are likely to deteriorate or expire rapidly. Within 14 days from the date on which the customer communicated their decision to withdraw from the contract, they must return to the sender-supplier at its operational headquarters in Cartigliano (VI) Via Giuseppe Mazzini, 36050, all purchased goods intact and in their original packaging, including packaging, any documentation, and accessories, without any missing items. Return shipping costs will be borne by the Supplier. Once the goods are received, the supplier will proceed to refund the entire amount paid by the consumer, except for initial transportation costs, within 30 days according to the methods indicated in the previous point 8).
13) COMMUNICATIONS AND COMPLAINTS
All written communications addressed to the supplier and any complaints will be considered valid only if sent to the following address: Opaco srls, Via Giuseppe Mazzini, 36050 Cartigliano (VI), or sent by email to the following address: info@opacoitalia.it. The customer must indicate their residence or domicile, telephone number, and email address where they wish to receive communications in the purchase form.
14) APPLICABLE LAW AND JURISDICTION
These general terms and conditions of sale are governed by Italian law. Any dispute that cannot be amicably resolved will be submitted to the jurisdiction of the court of Treviso.
15) CUSTOMER OBLIGATIONS
The customer agrees and undertakes, once the online purchase procedure is completed, to print and retain these general conditions, which they will have already reviewed and accepted during this mandatory purchase step, as well as the product specifications of the purchased product.
16) INFORMATION PURSUANT TO ART. 13 REG. EU 679/2016 – PRIVACY CODE
The customer is informed that EU Regulation 679/2016 provides for the protection of individuals concerning the processing of personal data. According to this regulation, such processing will be based on principles of correctness, lawfulness, and transparency, protecting the customer's privacy and rights. Pursuant to the aforementioned articles 13 of EU Regulation 679/2016, the following information is provided to the customer:
- The processing that the data controller may carry out will be carried out through automated processes and/or the collection of paper documentation and aims to: – establish and manage the commercial/professional relationship and related organizational activities; – provide the services/purchase of goods, subject to the commercial/prof