Terms and Conditions

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Terms and conditions of sale

Introdution

These General Terms and Conditions of Sale (the “General Conditions”) govern the online sale of products (the “Products” or the “Product”) available through the website www.ikejime.it (the “Site”). The seller of the Products and owner of the Site is Marpesca Group S.r.l., with registered office in Vibo Valentia Marina (VV), Via Amerigo Vespucci, VAT number IT03502870797, and registration number in the Business Register (REA) (Marpesca Group S.r.l.).

Each purchase transaction will be governed by the provisions of Legislative Decree No. 185/99 and Legislative Decree No. 206/05, as amended by Legislative Decree No. 21/2014. The information intended for the conclusion of the contract will be subject to the provisions of Article 12 of Legislative Decree No. 70/03, and regarding the protection of privacy, the provisions of EU Regulation 2016/679 (GDPR) will apply.

These General Conditions apply to all orders and shipments made through the Site and can be viewed and saved in PDF format. These General Conditions may be amended at any time by Marpesca Group S.r.l., except for completed sales transactions.

Registration is permitted only for consumer customers who are individuals, of legal age, and who use the Site for purposes unrelated to their commercial, entrepreneurial, or professional activities.

REGISTRATION       

  • To make purchases through the Site, the Customer must register by accepting these General Conditions and declaring that they have read the privacy policy and cookie policy. Failure to accept these General Conditions will result in the inability to make purchases on the Site.
  • Registration on the Site is free of charge. To register, the Customer must complete the registration form, providing their first name, last name, email address, and creating a password to access their personal area (the “Registration Credentials“). Registration is confirmed via email sent to the address provided by the Customer.
  • The Registration Credentials must be used exclusively by the Customer and cannot be transferred to third parties. The Customer must promptly notify Marpesca Group S.r.l. in case of suspected unauthorized use of the Registration Credentials. The Customer can modify the Registration Credentials at any time by accessing the Site’s section: Login > My Account > Edit Your Account Information.
  • The Customer guarantees that the Registration Credentials provided during the registration process on the Site are complete, correct, and truthful. The Customer agrees to indemnify Marpesca Group S.r.l. from any compensation obligation, sanction arising from, or in any way connected to the Customer’s violation of the rules regarding registration on the Site. The Customer is solely responsible for accessing the Site using the Registration Credentials and shall be directly liable for any damage or harm caused to Marpesca Group S.r.l. or third parties due to improper use, loss, misappropriation by others, or failure to adequately protect the confidentiality of their Registration Credentials. All operations carried out using the Registration Credentials are deemed to be performed by the Customer to whom the Registration Credentials belong.
  • Only one registration per Customer is permitted. Multiple registrations will be deleted.
  • Marpesca Group S.r.l. reserves the right to refuse, at its sole discretion, the registration of any Customer. Marpesca Group S.r.l. also reserves the right to not accept any order that appears abnormal in terms of the quantity of Products purchased or the frequency of purchases made on the Site.
  • The Customer may cancel their registration on the Site at any time by simply requesting it via email to ordini@ikejime.it.

PRE-CONTRACTUAL INFORMATION

Before concluding the purchase contract, the Customer reviews the characteristics of the Products as described in the individual product sheets at the time of selection by the Customer. Before concluding the purchase contract and before validating the order, the Customer is informed about:

  • Total price of the Products inclusive of taxes, with details of shipping costs and any other charges;
  • Payment methods;
  • Deadline by which Marpesca Group S.r.l. undertakes to deliver the Products;
  • Conditions, terms, and procedures for exercising the right of withdrawal (Article 11 of these General Conditions) as well as the standard withdrawal form pursuant to Annex I, Part B of Legislative Decree 21/2014;
  • Information that the Customer will bear the cost of returning the Products in case of withdrawal;
  • Existence of the legal guarantee of conformity for the purchased Products;
  • After-sales service conditions and commercial warranties provided by Marpesca Group S.r.l.

The Customer can at any time, and in any case before concluding the contract, obtain information about Marpesca Group S.r.l., including the address, phone number, email address, and other relevant information, which are also provided below:

  • Marpesca Group S.r.l.
    Via A. Vespucci Vibo Val. Marina 89900 (VV) ITALY
    + 39 0963 572066
    ordini@ikejime.it

In accordance with Legislative Decree No. 70/03, Marpesca Group S.r.l. informs the Customer that:

  • to conclude the purchase contract for one or more Products on the Site, the Customer must complete an order form in electronic format and transmit it to Marpesca Group S.r.l. according to the procedures indicated on the Site;
  • before proceeding with the transmission of the order form, the Customer can identify and correct any data entry errors by following the instructions provided on the Site during the various stages of the purchase process;
  • once the order form is registered, it will be stored in the Site’s database for the time necessary to process the order and, in any case, within the legal terms. To access their order form, the Customer can view the list of all orders placed by accessing the Site’s section: Account > My Orders > View My Orders.

Conclusion of the Contract and Acceptance of the General Conditions

The sales contract for the Products on the Site is deemed concluded with the acceptance, which may also be partial, of the order by Marpesca Group S.r.l. This acceptance is communicated to the Customer via email, as better specified in this document. By placing an order according to the prescribed methods, the Customer declares that they have reviewed all the information provided during the purchase process and fully accept the general payment conditions indicated in these General Conditions.

Before submitting their purchase order, the Customer is required to carefully read these General Conditions. Submitting the purchase order implies full knowledge and acceptance of these General Conditions.

  • Once the online purchase procedure is completed, the Customer will print or save an electronic copy and in any case keep these General Conditions, in compliance with the provisions of articles 50 and following of Legislative Decree 206/05.
  • The Customer has no right to any compensation for damages or indemnity, nor any contractual or non-contractual liability for direct or indirect damages to people, property, and/or animals, attributable to the non-acceptance, even partial, of an order by Marpesca Group S.r.l.

Order Definition

By placing an online order, the Customer sends to Marpesca Group S.r.l. a purchase proposal for the Product(s) placed in the so-called “cart,” which is a tool accessible on the Website, after registration, to all registered users (the Cart). When the Customer places an online order for the Products in the Cart, they agree to purchase them at the price indicated in the product information sheet and under the terms contained in these General Conditions. Marpesca Group S.r.l. will communicate the acceptance and confirmation of the order to the Customer via email as provided in document below.

In particular, Marpesca Group S.r.l. will not accept orders:

  • if the Product is not available in stock at the time of the order; and/or
  • if the Customer cannot or does not want to pay using one of the payment methods indicated here.

Purchase Method
The Customer can only purchase the Products present in the electronic catalog of the Website at the time the order is placed, as described in the relevant product information sheets. Before placing the purchase order, through the Cart, the unit cost of each selected Product, the total cost in case of purchasing multiple Products, and the related shipping costs, if applicable as indicated on the Website, are summarized.

  • The purchase of the Product and the correct receipt of the order are confirmed by Marpesca Group S.r.l. via an email confirming the receipt of the purchase order (the Confirmation Message). This message contains information regarding the main characteristics of the purchased Product(s), a detailed indication of the price, delivery costs and times, applicable taxes, and the means of payment. It also includes a reference to these General Conditions and information about the existence of the right of withdrawal, as well as the conditions and methods of its exercise as displayed on the Website. The Confirmation Message will repeat all the data entered by the Customer, who commits to verifying its accuracy and promptly communicating any corrections to Marpesca Group S.r.l. In case of non-acceptance of the order by Marpesca Group S.r.l., they guarantee prompt communication to the Customer.

Availability
The Products offered on the Website are in limited quantities and may be sold at discounted prices. Therefore, it may happen that the Product ordered is no longer available after the purchase order has been registered. In any case of unavailability of the ordered Product, the Customer will be promptly informed by email, and the purchase order will be canceled. If payment has already been made, Marpesca Group S.r.l. will refund the Customer within 30 (thirty) days from the day following the order submission.

Prices
All sale prices of the Products indicated on the Website are expressed in Euros and include VAT.

Shipping costs are not included in the purchase price but are indicated and calculated at the conclusion of the purchase process before payment is made.

The Customer accepts the right of Marpesca Group S.r.l. to modify its prices at any time; however, the Product will be invoiced based on the prices indicated on the Website at the time of the order creation and as stated in the confirmation email sent by Marpesca Group S.r.l. to the Customer.

In the case of a computer, manual, technical error, or any other nature that may result in a substantial change, not foreseen by Marpesca Group S.r.l., in the public sale price, making it exorbitant or clearly insignificant, the purchase order will be considered invalid and canceled, and the amount paid by the Customer will be refunded within 14 (fourteen) days from the day of cancellation.

PAYMENT METHODS
The Customer can make the payment by choosing one of the methods listed below:

Credit card: In the case of purchasing the Product with a credit card payment method, the credit card is charged simultaneously with the order fulfillment. Marpesca Group S.r.l. reserves the right to request additional information from the Customer (e.g., phone number) or to send copies of documents proving the ownership of the payment made. In the absence of the requested documentation, Marpesca Group S.r.l. reserves the right not to accept the order. At no time during the purchase procedure does Marpesca Group S.r.l. gain possession of or have access to the buyer’s credit card information, which is transmitted via a secure connection directly to the bank managing the transaction as described on the Website.

PayPal: In the case of purchasing the Product with the PayPal payment method, the charge occurs simultaneously with the order fulfillment. Marpesca Group S.r.l. reserves the right to request additional information from the Customer (e.g., phone number) or to send copies of documents proving the ownership of the payment made.

Advance Bank Transfer:

We accept payment via bank transfer made out to:

Marpesca Group S.r.l. – Via Amerigo Vespucci,  89900 – Vibo Valentia Marina (VV) ITALY

Bank Institute: BANCA INTESA SAN PAOLO Filiale di Fano (PU) ITALY
IBAN:  IT07P0306924301100000009371
BIC SWIFT Code:  BCITITMM

After making the bank transfer, please send the payment receipt via email [ordini@ikejime.it]. We will proceed with the shipment only after the payment has been credited to the above-mentioned bank account.

SHIPPING METHODS

Marpesca Group S.r.l. accepts orders only for shipment to the territories of the following countries:

  • Group A: Austria, Croatia, France, Germany, Netherlands, Slovenia, Switzerland, Hungary.
  • Group B: Belgium, Bulgaria, Luxembourg, Poland, Czech Republic, Spain.
  • Group C: Denmark, Greece, Portugal, Romania, Slovakia.
  • Group D: Estonia, Great Britain, Finland, Latvia, Lithuania, Ireland, Sweden.

For the delivery of the Products, the Customer must provide all necessary information, including the shipping address and the phone number of the person to whom the Product is to be delivered, if different from the person placing the order. At the time of delivery of the Products by the Courier, the Customer is required to verify that:

  • the number of packages delivered matches the number indicated on the invoice;
  • the packaging is intact, undamaged, or otherwise unaltered, including the sealing materials.

SHIPPING AND DELIVERY OF PRODUCTS

Any damage to the packaging and/or Products or discrepancies in the number of packages must be immediately contested with the Courier by writing a reservation of inspection and specifying the reason for the reservation on the Courier’s delivery receipt. Once the Courier’s document is signed, the Customer cannot raise any objections regarding the characteristics of the delivered items.

In the event of non-delivery due to the recipient’s absence at the address indicated in the order, the Courier will leave a notice and attempt a second delivery; if the recipient is still absent, the Product will be returned to Marpesca Group S.r.l.

Right of Withdrawal

Pursuant to articles 52 and following of Legislative Decree 206/05, the Customer has the right to withdraw from the purchase contract for any reason, without needing to provide explanations and without any penalty (the Withdrawal).

To exercise the Withdrawal, the Customer must send a written communication to Marpesca Group S.r.l. within 14 (fourteen) days from the date of receipt of the Product, exclusively using the appropriate withdrawal form available on the Website [ download the Withdrawal Form ].

Following the exercise of the Withdrawal as outlined in Article 11.2 of these General Conditions, the Customer is required to return the Product to Marpesca Group S.r.l. within 14 (fourteen) days from the date of communication of the Withdrawal to Marpesca Group S.r.l. The Product must be returned to Marpesca Group S.r.l. complete with everything originally delivered to the Customer and packed in its original packaging. A copy of the electronic order receipt must be included with the returned Product. The costs of returning the Product to Marpesca Group S.r.l. are borne by the Customer.

Pursuant to paragraph 1 of article 56 of Legislative Decree 206/05, Marpesca Group S.r.l. will refund all payments received from the Customer without undue delay and in any case within 14 (fourteen) days from the communication of the Withdrawal. If the return of the Product is required, Marpesca Group S.r.l. will, pursuant to paragraph 3 of article 56 of the Consumer Code, recredit the amount to the Customer only after the return of the Product and only after verifying its integrity. The refund will be made using the same payment methods used by the Customer for the purchase. In the case of a bank transfer, the Customer must promptly provide the bank details (IBAN and account holder) to which the refund is to be made if different from those used for the payment. In case of payment via PayPal or Credit Card, the refund will be made to the same card used for the purchase. Marpesca Group S.r.l. has no control over the timing of the refund, which is at the discretion of the respective bank or PayPal.

The Withdrawal is subject to the following conditions:

  • The minimum unit of measurement is the package of Product that the Customer can purchase through the Website, consisting of the number of pieces indicated in the Product information sheet. Therefore, it is not possible to exercise the Withdrawal for a quantity of Product less than the package and/or portions thereof.
  • The Withdrawal applies to the entire Product purchased; it is not possible to exercise the Withdrawal only on part of the purchased Product.
  • The purchased Product must be intact and returned in its original packaging.

The Withdrawal is excluded in the case of Products:

  • made to measure or clearly personalized;
  • that are at risk of deteriorating or expiring rapidly;
  • sealed and not suitable for return for hygienic reasons or related to health protection, or that have been opened after delivery.

Upon arrival at the warehouse, the Product will be examined to assess any damage or tampering not due to transportation. In the event that the conditions for a valid Withdrawal are not met, the Product will remain at the premises of Marpesca Group S.r.l. and will be available for the Customer to collect at their own expense.

Guarantees

The sale of Products is covered by the 24-month legal guarantee of conformity as provided by the Consumer Code. The Customer has the right, at their choice and provided the type of Product allows it, to restore conformity of the Product without charge through repair or replacement, or to receive an appropriate price reduction or contract termination.

In the event of a lack of conformity of the Product, the Customer must immediately contact Marpesca Group S.r.l. at the following email address: ordini@ikejime.it.

The Customer forfeits these rights if they do not report the lack of conformity to Marpesca Group S.r.l. within 2 (two) months from the date of discovery of the defect, unless the Product is perishable or subject to a shorter expiration date, in which case the defect must be reported within that reduced timeframe.

In cases where guarantee claims require the return of the Product, the Product must be returned by the Customer in its original packaging.

Express Termination Clause

In the event of partial or total non-payment of the purchase price of the Product, Marpesca Group S.r.l. reserves the right to declare, pursuant to and for the effects of Article 1456 of the Civil Code, the purchase contract of the Product terminated by sending a written communication to the Customer’s email address.

Obligations and Responsibilities of Marpesca Group S.r.l.

Marpesca Group S.r.l. undertakes to promptly correct any errors found in the description of Products offered on the Website, upon notification by the Customer. Notifications of such errors can be sent to ordini@ikejime.it.

Marpesca Group S.r.l. is not liable for damages of any nature arising from the Products, nor for damages arising from unforeseeable circumstances or force majeure.

Service Suspension

Marpesca Group S.r.l. reserves the right to temporarily suspend the provision of Website services without prior notice, for the time strictly necessary to perform technical interventions necessary and/or appropriate to improve the quality of these services and for the ordinary and extraordinary maintenance of the Website, its contents, and functionalities.

Marpesca Group S.r.l. may, at any time, interrupt the provision of Website services if there are justified reasons related to security or confidentiality breaches, in which case, notification will be given to the Customer, potentially through the Website itself.

Website Content and Intellectual Property Rights

The contents of the Website, such as, but not limited to, images, graphics, photographs, writings, documentation, sounds, videos, and any other material, in any format, including all web pages of the Website (the Intellectual Property), are the exclusive property of Marpesca Group S.r.l. and other rights holders, and these General Conditions do not grant any rights to the Customer. Reproduction, modification, duplication, copying, distribution, sale, or any other exploitation of the Intellectual Property is prohibited. The Customer may not in any way alter, change, modify, or adapt the Website or the material made available by Marpesca Group S.r.l.

Online Dispute Resolution for Consumers

Pursuant to Article 14 of Regulation 524/2013, the Customer is informed that in the event of a dispute, a complaint can be submitted through the EU’s ODR platform, accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform serves as an access point for Customers who wish to resolve disputes arising from online sales or service contracts out of court.

Applicable Law and Competent Court

The sales contract between Marpesca Group S.r.l. and the Customer, as governed by these General Conditions, is considered concluded in Italy and is regulated by Italian Law. For the resolution of any disputes arising from the conclusion of distance sales contracts referred to on the Website and thus pertaining to these General Conditions, the territorial jurisdiction is that of the court of the Customer’s place of residence. In all other cases, the exclusive territorial jurisdiction is that of the Court of Vibo Valentia.