BLACKBAY’S GENERAL CONDITIONS OF SALE
1) GENERAL INFORMATION – OBJECT OF THE CONTRACT.
i) These conditions apply between Blackbay fishing tours LTD, located in Co. Clare, Ireland, Blackbay Fishing Tours Ltd | Scarriff, co. Clare, Ireland | Mail firstname.lastname@example.org – Phone +39 342 8015973, as the owner of the web domain www.blackbay-shop.com, and hereinafter referred to only as “BLACKBAY”, and any natural person residing in a Member State of the European Union who makes online purchases on the www.blackbay-shop.com site, hereinafter referred to only as “CUSTOMER”.
ii) These conditions govern the contractual relationship within which BLACKBAY sells and the CUSTOMER remotely purchases the products indicated and offered for sale on the site www.blackbay-shop.com; the CUSTOMER is obliged to accept these conditions before submitting their order, after confirming to have read these general conditions of sale and expressly accept their terms without reservation or conditions.
iii) The contract will be concluded exclusively through the internet, through the CUSTOMER’s access to the web address www.blackbay-shop.com and the placing of a purchase order for any of the products offered for sale by BLACKBAY according to the procedure provided for by the site itself and governed by the terms and conditions detailed below.
iv) The products offered for sale by BLACKBAY consist of products for sport fishing; the images and descriptive contents of the aforementioned products displayed on the www.blackbay-shop.com website, whose prices are all indicated in EUROS, show the essential characteristics of the products themselves.
v) The photographs illustrating the products may, in some cases, not be perfectly identical to the products themselves, without however entailing any prejudice to the quality of the products offered.
vi) All products offered for sale by BLACKBAY comply with the specific applicable regulations governing their distribution and use at both the EU and national level.
vii) The availability of the products refers to the inventory available in the Blackbay warehouse at the time the CUSTOMER visits the company’s website; the CUSTOMER will not be able to purchase products not physically present in stock and within a limited number of items depending on the type of product chosen, as indicated on the website during the selection.
2) PRODUCT PRICES – SHIPPING COSTS.
i) The prices of the products indicated on the site are expressed in EUROS and include VAT.
ii) Shipping costs, to be paid entirely by BLACKBAY, will be displayed separately and included in the final total price of the transaction; the shipping cost of the product will depend on the delivery address indicated by the CUSTOMER at the time of the order.
iii) Since the rates of the suppliers are subject to constant change due to the particular circumstances of the moment, BLACKBAY invites the customer to verify the exact price indicated on the site at the time of the purchase, as the aforementioned prices are subject to change at any time and without notice; provided that the actual price of the product chosen and to be paid by the CUSTOMER will be the current one and shown on the site at the time of placing the order.
3) CUSTOMER REGISTRATION.
i) The CUSTOMER must first complete the registration procedure at the website www.blackbay-shop.com to be able to proceed with the purchase of the desired product; it is essential to be at least 18 years old to proceed with the registration and be able to make any purchase.
ii) BLACKBAY addresses its offer to sell products exclusively to natural persons residing in the territories of Member States of the EUROPEAN UNION who act with purposes not related to their commercial, entrepreneurial or professional activity.
iii) It is forbidden for the CUSTOMER to enter false and/or misleading and/or fictional data in the registration procedure and in the related further communications; the personal data, the telephone number and e-mail must exclusively pertain/belong to the actual CUSTOMER and not to third parties and/ or fictional personas.
- BLACKBAY shall be expressly indemnified by the CUSTOMER for any compensation obligation and / or any sanction deriving from and / or in any way connected to the violation committed by the CUSTOMER of the rules concerning registration on the website or the keeping of registration credentials.
4) ORDER AND COMPLETION OF THE PURCHASE – CONCLUSION OF THE CONTRACT.
i) After having regularly registered, in order to place the order of the chosen product, the CUSTOMER must strictly follow the procedure indicated on the website; in particular, the CUSTOMER must indicate exactly the place where he intends to receive the chosen product, indicating the exact delivery address and any name of the person delegated to receive the product should the delivery take place at an address other than the CUSTOMER’s own address.
ii) Following receipt of the order, BLACKBAY must first receive and acquire all the information provided by the CUSTOMER during the registration and verify the availability of the products that have been selected for purchase.
iii) In this phase of examination of the order received, BLACKBAY reserves the unquestionable right to refuse the order and to promptly notify the CUSTOMER who placed it (by way of example and not exhaustively: for sudden unavailability of the product in stock; for untrue information provided by the CUSTOMER; for circumvention by the CUSTOMER of the prohibition of selling the products to subjects and / or entities other than natural persons);
iv) Once the existence of all the conditions for accepting the order has been positively ascertained, BLACKBAY will confirm to the CUSTOMER the conclusion of the contract, providing the details of the delivery.
v) The sale will be considered concluded via an order confirmation e-mail sent by BLACKBAY to the CUSTOMER, containing the CUSTOMER’s and the order’s details, the price of the products purchased, the transportation and accessory costs, the shipping address to which the goods will be sent, and the delivery date indicated by the carrier; the CUSTOMER undertakes to verify the correctness of the data contained therein and to promptly notify BLACKBAY of any errors in order to allow the transaction to correctly go through.
i) Only the following payment methods are allowed. The CUSTOMER shall not request BLACKBAY to accept payment methods other than those that follow:
– American Express, MasterCard, Visa, Maestro, Aura credit cards, through stripe’s Payments platform;
– Apple pay platform;
– Google pay platform;
ii) In the section dedicated to payment, the CUSTOMER is required to know and / or pay particular attention to the contractual conditions agreed with the platforms of the various payment instruments, following in detail the instructions provided by the various platforms, so that the CUSTOMER can know them before accessing the service.
iii) The invoice will be attached to the order confirmation email.
i) BLACKBAY will put the product in the availability of the carrier for shipment no later than 2 working days from the forwarding of the order confirmation email to the CUSTOMER, in which, as agreed above, the delivery times communicated in advance by the carrier itself will be indicated; the CUSTOMER hereby exempts BLACKBAY from any liability for delayed delivery by the carrier, except in the case that such delay is due to not having BLACKBAY respected the deadline for making the products available to the carrier.
ii) Upon arrival of the package containing the product purchased at the address indicated during the order confirmation, the CUSTOMER is required to check that the same does not show signs of tampering; otherwise, the CUSTOMER is required to accept the goods “with reservation” by giving immediate written notice to BLACKBAY at the following email address: email@example.com; no complaint shall be considered valid if reported by the CUSTOMER after 3 days from the receipt of the package.
iii) The CUSTOMER may not return any material without BLACKBAY’s authorization; the CUSTOMER shall return the product(s) purchased only if authorized and, in such a case, return the products(s) accompanied by the transport document indicating the number and date of the invoice relating to the original purchase.
7) RIGHT OF WITHDRAWAL FROM THE PURCHASE OF PRODUCTS – TERMS AND COSTS OF RETURN.
i) BLACKBAY recognizes the CUSTOMER the possibility of exercising the right of withdrawal, no later than 7 days from receipt of the package, without the need to specify the reasons that led to the withdrawal; to determine the start of this window period, the date indicated on the delivery note countersigned by the carrier shall prevail.
ii) The withdrawal may be exercised by giving written notice to BLACKBAY at the e-mail address firstname.lastname@example.org.
iii) After carrying out all the appropriate checks regarding the integrity of the returned product(s) following the withdrawal, BLACKBAY will refund the sum paid at the time of the purchase; from these are to be expressly excluded the costs of the original shipping, which will remain exclusively and definitively borne by the withdrawing CUSTOMER.
iv) The exercise of the right of withdrawal is expressly excluded in the case of supply of sealed products that are not suitable for return after opening. The product must be returned in perfect condition, packed in its original packaging and complete in all its parts and any accessories and documentation (tax receipt or any invoice).
v) The shipping costs of the product returned to BLACKBAY will be fully borne by the withdrawing CUSTOMER, who will be required to organize the return by his own means no later than 7 days from the notice of withdrawal.
vi) The withdrawing CUSTOMER will also be considered solely responsible for any loss of the return package, as well as any damage to it; in this regard, BLACKBAY advises the withdrawing CUSTOMER to insure the return shipping for a value equal to that of the product that is being returned.
vii) BLACKBAY commits to promptly inform the CUSTOMER if the return package is not received or is damaged and / or tampered with, to allow the CUSTOMER to exercise the consequent actions against the chosen carrier appointed by them and / or any other responsible parties; it is understood that in such cases, BLACKBAY will not proceed to refund any sum to the withdrawing CUSTOMER and will be authorized to definitively forfeit the sale price.
8) GUARANTEE OF CONFORMITY.
i) BLACKBAY guarantees that the products indicated on its website:
– are suitable for the use for which goods of the same kind are usually used;
– correspond to the description made by the seller;
– possess the qualities indicated as well as those customary for goods of the same type;
viii) Should the product present defects and / or not possess the above-indicated characteristics, the CUSTOMER shall give written notice to BLACKBAY at the e-mail address email@example.com; the CUSTOMER will be required to return the disputed product according to the specific indications that will be provided by BLACKBAY, anticipating the related return costs; once the disputed product has been returned, BLACKBAY will carry out the necessary checks also through its suppliers; in case the CUSTOMER’s claim regarding the defect of the product and / or the absence of the promised quality is found to have merit, the CUSTOMER may request BLACKBAY, alternatively, either the replacement or repair of the purchased product or the reimbursement of the price paid, including all shipping costs.
ii) For the purposes of the legal guarantee, for the assessment of the timeliness of the CUSTOMER’s request/claim, the peremptory terms established by Irish legislation to denounce the discovery of defects of purchased goods and to request the application of the provisions indicated in the previous paragraph shall apply.
i) THE CUSTOMER acknowledges that personal data will be used by BLACKBAY for the sole purpose of the execution of the following contract.
10) APPLICABLE LAW AND JURISDICTION.
i) These General Terms and Conditions shall be governed by and construed in accordance with Irish law.
ii) The Judicial Authority that has jurisdiction and competence to decide all disputes that may arise between BLACKBAY and the CUSTOMER regarding the interpretation, execution and termination of the contract concluded between said parties, is the Irish one in whose district the registered office of BLACKBAY is located.