Sale of Products on this Site is subject to the following General Conditions of Sale.
The system assumes that the Customer is making an active intervention and was designed to fully comply with regulations on distance selling, specifically Articles 45 et seq. of the Italian Consumer Protection Code (Legislative Decree 206/2005).
This contract is governed by the laws of Italy.
For settlement of disputes derived from conclusion of this Contract, if the Customer is a consumer, the court having jurisdiction is the one having jurisdiction over his or her place of residence. In all other cases, solely the Court of Rimini has jurisdiction.
- INFORMATION FOR THE CONSUMER
- Use of the distance selling service described in these general conditions is reserved to consumers only, meaning individuals acting for purposes not connected to any business, entrepreneurial or professional activity carried on (“Customers”).
- Only persons who have reached the age of majority may purchase products on this Site. The products offered for sale on this Site can be purchased and sold only to people living in the United Kingdom, the European Union, Australia, New Zealand, Canada, United States, South America, United Arab Emirates, Qatar, Israel, Cyprus, Malta, Hong Kong, Japan, Korea, Malaysia and Taiwan.
- By submitting a purchase order, you accept and commit to observe these Conditions of Sale.
- ORDERING AND ACCEPTANCE PROCEDURE
- To purchase one or more Products, you must select the items in the colour and size you are interested in. The Products selected for purchase will be added to the Shopping Cart. To be able to keep the articles in the Cart to enable continuation of shopping afterwards, you must first create an online account and log into that account before making the purchase. It is possible to make a purchase even without signing in or creating an account by following the steps and instructions given on the Site, but items left in the Cart will no longer be there if the purchase is not completed in the same session. This way you will have to start another shopping procedure when you come back to this Site.
- Any information you enter during the shopping procedure can be changed up until confirmation of the order. Once an order has been confirmed and submitted it is no longer possible for you to change or undo it.
- After the order is submitted Greymer S.r.l. will send you an email message to confirm receipt of your order. Customers can view their orders at any time by going to the “My account” section or by contacting Customer Service at the address: firstname.lastname@example.org.
- Please note that the Order Confirmation does not constitute acceptance of your order by Grey Mer srl. Grey Mer srl accepts the order by sending the Customer another confirmation email attesting that the order has been accepted and that the Products have been shipped (“Shipment Confirmation”). The invoice of the order will be attached to the email containing the Shipping Confirmation.
- If the products you ordered are temporarily out of stock (except for products available in limited quantities, for which the date they are expected to be available is given) you will be informed by Grey Mer srl by the next working day after your order was submitted. If the products are unavailable, your payment card will not be charged; if the amount had already been charged, a refund will be issued within 14 (fourteen) days on the payment card used for submitting the order. For payment made by bank transfer, if you have already made the transfer, Grey Mer srl will refund the amount of your purchase on the same bank account. In the event you have not yet made the bank transfer, the order will be cancelled and you will be contacted immediately.
- Grey Mer srl reserves the right at its sole discretion not to accept orders placed by any Customers it suspects do not meet the requirements for submitting orders or those made by persons with which there is a legal dispute in progress concerning a previous order or for any other reason, without having to give any explanation. If Grey Mer srl finds it impossible to accept your order, you will be informed within 30 days after the date on which your order was submitted and you will be issued a refund for any sums paid. Grey Mer srl reserves the right at its sole discretion not to accept or fulfil orders appearing to have been placed by merchants or distributors.
- Bear in mind that for each Product sold on the Site an image of it can be viewed together with the unit price, colours and sizes available. Product images are provided purely and exclusively for illustration purposes and may look different because of the browser or monitor used or due to graphic or printing errors or other technical reasons. Given the above technical reasons, Grey Mer srl cannot be held liable in any way for any shortcomings in the graphic illustrations shown on the Site. In spite of meticulous controls carried out on this Site, it is however possible that the prices shown are incorrect. If, due to such glitches or other technical drawbacks, the price shown on the Site is lower than the correct price of sale of an item, the Customer will be contacted to verify whether he or she still wants to purchase the product at the correct price. If the Customer does not, the order will not be accepted and the sale cannot be considered concluded at all.
- PRICES AND METHODS OF PAYMENT
- The prices of the Products are inclusive of VAT, but do not include any tax, duties or rates applicable in the country of destination of the Products (if outside Italy, the Customer shall bear these charges) and net of the shipping charges to be calculated when the order is placed. Shipping charges depend on the destination and type of delivery selected during the shopping procedure. Shipping charges and any other applicable tax or duty shall be itemised on the payment page in the Order Confirmation.
- The Customer is given the price of each Product in Euros (€) prior to conclusion of the contract.
- In compliance with Art. 51, paragraph 7 of the Italian Consumer Protection Code, after conclusion of the contract, the Customer receives a written confirmation of the product ordered, the price, the amount paid, and is informed of his right to cancel, the time it takes for the package to arrive and instructions for home delivery as well as for returning the package, information on customer service, legal warranties and commercial warranties and the possibility of availing himself of out-of-court proceedings for making complaint and appeals in accordance with Art. 141 of the Italian Consumer Protection Code.
- Grey Mer srl accepts payment by MasterCard, Visa, American Express and PayPal. For making payment the Customer confirms on the www.greymer.it site that he or she is the owner of the payment card and that his or her name is printed on the card. The Customer then enters the number, expiry date and security code printed on the payment card.
- For payment by MasterCard, Visa, American Express or PayPal, the Products purchased will be sent to you only after verification of the details related to your payment card and only after your bank has approved the transaction on your card. Verification of payment card details can cause delays normally not more than 24 hours. However, verification could take a longer time for causes not attributable to Grey Mer srl. Your payment card will be charged when your order is prepared for dispatch.
- If for any reason the amounts owed by the Customer is not debited, the sale will be automatically cancelled.
- SHIPPING AND DELIVERY METHOD
- The goods will be delivered to the address given by the Customer only after payment of the order has been duly registered. In accordance with the provision contained in Art. 61 of the Italian Consumer Protection Code, after receipt of the purchase price, Grey Mer srl has up to 30 days from the date of conclusion of the contract to fill the order, otherwise it has to provide notice by the same deadline that the order has not been accepted in accordance with Article 2.7 hereof.
- After you are sent the Shipping Confirmation your purchases will be delivered by the courier service selected by Grey Mer srl (TNT, GLS or Mail Boxes o other) (the “Courier”), unless specified otherwise for specific countries, from 9:00 a.m. until 6:00 p.m. from Monday to Friday, except local and national holidays. You shall be informed by email of the scheduled delivery date and the name and contact details of the carrier selected by Grey Mer srl for making the delivery. If you wish you can contact the carrier to arrange for another delivery date.
- Products will be delivered within 4 to 10 working days from the Shipping Confirmation, if standard delivery is chosen, which varies depending on the address and country of destination of the Customer.
- Grey Mer srl shall not be held liable for unexpected delays or delays solely the Courier is liable for. Bear in mind that Grey Mer srl shall do its best to avoid or reduce delays as much as possible. In any case the above shipping deadlines are not binding or peremptory and must be considered as rough estimates without any commitment by the seller.
- RIGHT TO CANCEL
- Grey Mer srl is aware of the fact that except in the cases provided by Art. 59 of the Italian Consumer Protection Code, Customers who are dissatisfied with products received can exercise the right to cancel provided for by articles 52 to 58, Heading I, Title III, Part III of the same Code. It is in the best interest of Grey Mer E-Shop that the Customer can exercise said right to cancel under the best possible conditions.
- You can cancel without giving any reasons by just notifying Grey Mer srl up to 14 (fourteen) days after receipt of the product at the address specified in the order of your intention to cancel the contract and return the item.
- In order to exercise your right to cancel, you can let Grey Mer srl know you intend to cancel the contract by providing: the cancellation notice, your personal details and specifying the concerned item.
- The cancellation notice must be sent to the following address: email@example.com
- From the date you provide Grey Mer srl the cancellation notice you have up to 14 days to send the item you are returning by post or courier service. The product must be sent to the following address:
GREY MER SRL
Via Bellaria nuova, 373 – 47030 San Mauro Pascoli (FC) - Italia
- To return the item you must pay the postage or shipping fee charged by the courier company.
- Once you have cancelled an order as described in article 5.5, the items must be returned by registered insured mail, and placed in the original wrapping (boxes, with accessories, tags, protections, etc.) together with the completed delivery note and a copy of the invoice.
- In accordance with Art. 54, paragraph 4 of the Italian Consumer Protection Code, the burden of proof of exercise of the right to cancel rests on the Customer. The Customer is also responsible for timely return of the goods.
- In the event of cancellation, you will be refunded all payments made to Grey Mer srl for the product cancelled. Grey Mer srl has up to 14 days after the date on which it sent confirmation of receipt of the Products returned by the Customer to credit the refund, provided that the conditions stated in point 5.10 have been met.
- EXCHANGE OF THE PRODUCTS
- Grey Mer srl gives you the chance to exchange the items purchased at a distance on the site www.greymer.it.
- Exchange of products bought at a distance is subject to the following restrictions: the item can be exchanged only once with an identical product of a different size or a different colour. The new article can be received by following the same procedure and subject to the requirements in Art. 5.
- When exchanges are made, sale of the product that is exchanged is to be considered cancelled. Payment of the product delivered in exchange is done by compensation with the price of the previous sale.
- This manner of exchanging the item does not in any way prejudice the legal warranty provided by Articles 128, et seq. of the Italian Consumer Protection Code.
- CONFORMITY OF ORDERS
- The Customer must check the Products upon delivery to be sure he received the items ordered.
- Any discrepancies found upon delivery, including any tampering or damage to the package, damage to the Products, missing items, non-conforming Products, defective Products, etc. (“Defects”), can be pointed out directly to the Courier by the Customer by making a note on the delivery note supplied by the Courier and signing it. In such circumstances the Customer does not have to accept the Products and can give them back to the Courier.
- If any Defects are found after delivery, you have the option of returning the items to Grey Mer srl by following the procedure described in Art. 8 below.
- LEGAL WARRANTY
- The Products Grey Mer offers for sale are covered by a legal warranty of 24 months from the date the Customer receives the Products (“Legal Warranty Period“). The Legal Warranty Period covers any defect and non-conformity of the Products. Without prejudice to any other remedy under applicable laws, if, during the Legal Warranty Period it is discovered that one of the Products delivered to the Customer is defective or does not conform to the Product ordered (“Defective Product“), the Customer has the right to return the defective item to Grey Mer srl for repair at no extra charge. However, if repair is not a feasible remedy, Grey Mer srl can replace the defective Product with a new one.
- The Customer has up to 2 (two) months from discovery of any defect in the Product purchased to report it to Grey Mer srl, otherwise he forfeits the right to use the warranty of conformity. For more information on the legal warranty of conformity for consumers, please see the Italian Consumer Protection Code.
- Return of defective Products for repair must be done according to the provisions of Art. 5 of these General Conditions of Sale, where compatible.
- The items offered for sale on the Site are supplied “subject to availability”. Except for the legal warranty described in Art. 8.1 hereof, Grey Mer srl does not make any guarantee, condition, commitment or term (explicit or implicit) according to contract or otherwise, as to the condition, performance, satisfactory quality or suitability for any purpose of the Products, beyond the description of the Product included in the purchase order. All of the said warranties, conditions, commitments and terms of such a nature are excluded in the maximum measure permitted by law.
- Apart from cases of wilful misconduct and gross negligence, Grey Mer srl shall not be held liable towards the Customer for any reason as a consequence of:
- damages or losses caused by items (or by the Customer using them), although the mandatory provisions of law on the subject of liability of the manufacturer applies in all cases;
- damage not caused by default of Grey Mer srl;
- loss of business or trade opportunities not caused by default of Grey Mer srl;
- No provision of these General Conditions of Sale can limit liability in case of death or personal injury to the Customer caused by negligence of Grey Mer srl, its employees, agents or delegates.
- APPLICABLE LAW AND COURT HAVING JURISDICTION
- 9.1.The items offered for sale on the Site are supplied “subject to availability”. Except for the legal warranty described in Art.
- Il presente contratto è regolato dalla Legge Italiana.
- Per la soluzione di controversie derivanti dalla conclusione del presente Contratto, se il Cliente è un consumatore, la competenza territoriale è quella del Foro di riferimento del suo Comune di residenza; in tutti gli altri casi la competenza territoriale è esclusivamente quella del Foro di Rimini.
- Qualora una qualsiasi delle disposizioni contenute in queste Condizioni di Vendita sia considerata non valida, nulla o inapplicabile per qualsivoglia motivo, tale disposizione sarà ritenuta separata e non inciderà sulla validità e sulla applicabilità delle altre disposizioni.
- APPLICABLE LAW AND COURT HAVING JURISDICTION
In case of necessity, the user may contact our customer service at the address firstname.lastname@example.org
ANNEX A- STANDARD CANCELLATION FORM
- in accordance with Art. 49, paragraph 1, letter h), Italian Legislative Decree 206/2005 -
[to be completed and returned if you wish to cancel the contract]
I am hereby cancelling the contract of sale for the following goods:
Item code, description and quantity: _____________________
Ordered on (specify date) _____________________
Received on (specify date) _____________________
First name and surname (of the signatory): _____________________
Address (of the signatory): _____________________