These Conditions of Sale apply to all sales of products by New Time Srl, (the “New Time Srl”) concluded at a distance through the website https://www.uboatwatch.com (Hereinafter referred to as the “Site”)
Distance selling governed by these Conditions of Sale is reserved to a registered user, who has:
a) read the information pertaining to the processing of personal data;
b) accepted the Terms and Conditions of Sale;
c) create an account, as indicated below.
Only consumers, meaning natural persons acting for purposes outside his trade, business, craft or profession, are allowed to register as a “user” (hereinafter also referred to as “Customer”)
WE DO NOT DELIVER TO P.O. BOXES OR POSTE RESTANTE.
Any changes or new conditions of Sale and/or pricing updates will be effective upon publication on the website of New Time Srl and they will be applied only to sales concluded after their publication. We encourage users to regularly access to the Site and to verify the publication of the most current Terms and Conditions of Sale.
1. Identity of the seller
The website https://www.uboatwatch.com is the exclusive property of the company New Time Srl with headquarters in Via Pesciatina 751H – 55010 Gragnano – Capannori (LU), VAT 02064420462, Tel: 39 0583 469288, Fax: 39 0583 462 249, registered at the Chamber of Commerce of Lucca at no. LU – 193829, share capital of € 25,000.00, e-mail addresses to send communications email@example.com, or firstname.lastname@example.org. The purchase of products on the site https://www.uboatwatch.com is governed by these Conditions of Sale (drawn up in accordance with Italian law and in particular to the Legislative Decree 70/2003 and Legislative Decree 206/2005). The customer is therefore invited, before sending the order, to carefully read the Conditions of Sale and the information contained therein, to print them, or save them in another durable medium accessible to them. For more information about the products or the Terms and Conditions of Sale send an e-mail to email@example.com or firstname.lastname@example.org. New Time Srl will endeavour to contact the customer to meet their demands. The sending of the order by the Customer constitutes acceptance of the Terms and Conditions of Sale force at that time.
New Time srl publishes information on its website in order to provide a service to its customers, however, New Time srl disclaim any responsibility for the possibility of any technical or practical inaccuracies and/or typographical errors for which it is provided, as a result of an alert, immediate correction.
2. Subject matter of the online Contract and its conclusion
The online sales contract is the distance contract which has as its subject matter the sale of movable property, concluded between New Time Srl, and a consumer and/or client; everything takes place in a distance selling system organized by the supplier, who, for this contract, shall only use the remote communication technology called Internet. Contracts, therefore, should be concluded through direct access by the consumer and/or client to the corresponding website (or “site”) at https://www.uboatwatch.com , where, following the instructions provided, they will conclude the contract for the purchase of the property.
In order to make purchases on the site the user needs to register with the Site, creating an account, approving the General Conditions of Sale, by clicking on the box “My Account” on the homepage of this site. The non-acceptance of the General Conditions of Sale will make it impossible to make purchases.
Registration on the site is free. To register the user must fill out the registration form, by entering an email address and a password (hereinafter the “Registration Credentials”) that will have to be confirmed. Registration will be confirmed by an e-mail sent to the address provided by the user.
Registration credentials should be used only by the individual user and cannot be passed on to third parties. The user must notify without delay New Time Srl in case of suspected misuse of the same. The Registration Credentials will be modified by the user at any time by accessing the Site to the “My Account” section.
The user warrants that the registration credentials provided during the registration process to the Site are complete, true and correct. The user agrees to hold New Time Srl harmless from any claim, resulting penalty and\or in any way related to the violation by the user of the registration rules to the Site. Only the user is responsible for the access to the Site using your Registration Credentials and is liable for any damage or harm caused to New Time Srl or third party by improper use, loss, or misappropriation by others or by the failure of the confidentiality of its Registration Credentials. All operations made using the registration credentials are considered made by the Customer to whom the registration credentials refer.
The Services are provided in English, except in Italy, where they will be in Italian.
Only a single registration per user is available.
In the personal area “My Account” on the site the user can view the completed orders as well as can manage and store personal data.
New Time Srl It reserves the right to refuse the registration of any person as it deems valid reasons. New Time Srl also it reserves the right not to accept orders by any person, which are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Site.
The user may at any time unsubscribe to lists dedicated to commercial proposals by simply clicking on the “unsubscribe” link included at the bottom in every newsletter that will be sent from site New Time Srl.
New Time srl informs the user that:
– To conclude the purchase of one or more products on the Site, the user must fill out an electronic order form and send it to New Time srl, by electronic means (i.e. Internet), following the instructions that appear from time to time on the Site and accompany the different phases of the purchase;
– The contract is concluded when New Time srl records the order form, after verifying the correctness of order and payment data;
– Before submitting the order form the user will be able to identify and correct any input errors by following the instructions from time to time indicated on the Site and that accompany the different phases of the purchase; after the registration of the order form, New Time srl will send to the email address provided by the user an e-mail confirmation with a link to the General Conditions of Sale, information relating to the procedures for the exercise of the right of withdrawal, the characteristics of the product purchased, the indication detailed of the price, the means of payment used, the shipping cost included in the price of the product, and any additional costs and an indication of the service. Please keep the e-mail receipt as proof of purchase or store it on a durable medium;
– The order form will be stored in the New Time srl database for the time necessary to process the order, and in any case as prescribed by law. To access your order form the user can go to “My Account” – “Purchase history” of the Site where the same will find a list of all placed orders.
3. Prices, features and availability of products
The prices of the products listed on the site are Italian VAT inclusive and include all applicable taxes or fees as well as the delivery costs.
The products remain the property of the New Time srl until payment of the purchase price.
New Time srl shall proceed with the purchase order only after receiving confirmation of authorization to pay the total due amount, consisting of the purchase price.
New Time srl reserves the right to not accept or do not confirm orders from users with whom disputes are pending or in the case provided later in this article.
The product images are for reference. Our products are handmade with best care and attention to detail, which means there may be slight variations in color, shape, or finishing.
The tenders published on the site are available in limited time duration and limited amounts of products. The validity of the tender date is indicated on the Site. The products offered on the site are limited in number. It may therefore happen that the ordered product is no longer available after the sending of the purchase order. In special circumstances, New Time srl may not be able to ensure the availability of all products offered and cannot therefore be considered responsible for the temporary unavailability of one or more products. New Time Srl undertakes, however, to inform the customer about the unavailability of the product ordered. In the event that the payment had already been made, New Time srl will refund the amount paid by the user, immediately, and in any case within a period of fourteen days from the day after the order. The amount of the refund will be communicated via e-mail and credited through the original payment method used for purchase or as otherwise agreed with the user. The timing of accreditation depends on the type of credit card used and the same usually appear within two months of the credit on the card statement. If the addressee indicated in the order does not match the purchaser of the product the amount will be credited to the original purchaser that is the holder of the credit card and the account used for payment. Refunds are made in the same currency purchase. Any losses related to currency fluctuation will not be refunded. New Time Srl accepts no responsibility for any delays in crediting, which depend on the bank or type of credit card used for payment. In any case, the value date of the refunded amount will be the same as the debit date.
4. The Buyer’s obligations
During the insertion of personal data for registration on the site, the buyer is absolutely forbidden to enter false and/or fantasy data. The customer is only responsible for entering its own data. The consumer, in case of purchase through a credit card or PayPal, authorizes New Time Srl to cash the sum paid by the same, and debit your bank account in favour of New Time Srl the total amount shown as cost of the purchase “on line”.
5. Personal Data Handling
The customer filling out the registry card in the necessary procedure for the execution of this contract authorizes New Time Srl to communicate non-sensitive personal data (address, phone number) to couriers used for delivery of goods purchased to allow the procedures necessary for delivery. Personal data is collected solely for the purpose of registering the customer and provide him with the procedures for the execution of this contract and the necessary communications and, following approval by the client, they can also be used for commercial purposes; such data can be produced only at the request of the judicial authorities for inspection. The Customer undertakes to provide the New Time Srl copy of the identification documents deemed necessary for the purpose of any investigation. Failure to comply with this request authorizes New Time Srl to terminate immediately the contract for breach.
If you require an invoice, we need you to indicate a Personal Tax ID Number/Fiscal Code and/or a VAT Number/Company Registration Number. This is a compulsory information if an invoice is required.
All shipments destined for Countries outside the European Union, as required by Customs regulations, are accompanied by an invoice. It is compulsory that you fill in these fields.
6. Payment Methods
The customer can pay for the ordered goods using the payment services listed at the time of purchase:
Choosing the PayPal payment method, the customer will be directed on PayPal’s secure servers, from which may pay with major credit cards (Visa, Master Card, American Express), or with its own PayPal account which provides, when properly activated, also to direct debit on the connected current account. In case of payment by credit card, from the moment this service is activated, the user will be charged only after (i) the data of the credit card used for the payment will be verified (ii) the issuer of the credit card used by the user has issued the debit authorization.
In the event of non-payment, New Time srl will charge the costs of management of the non-paying user and will refuse the purchase order, communicating via e-mail.
New Time Srl reserves the right to refuse at its sole discretion some of payment.
• Bank Transfer:
By choosing the method of payment by bank transfer, the customer will receive by e-mail, the IBAN of the current account to which to make the payment. The customer must specify in the purpose of the bank transfer the order number. The Client is asked to fax (+39 (0)583 462249) or email (email@example.com) a copy of the Bank Wire Transfer within 48 hours after receiving the order confirmation. New Time srl reserves the right to cancel the order, as by the terms and conditions that will be communicated to the Client, if the payment copy is not transmitted within the 48 hours after receiving the order confirmation. The order will be shipped once New Time srl has correctly received the payment.
• Credit Card:
By choosing the method of payment by credit card, the customer enters the details of his credit card in a secure electronic banking system, provided by Consorzio Triveneto SpA. You may make purchases using Visa, MasterCard and American Express. For more informations visit the site http://www.constriv.it/.
All transactions are processed through a secure server, ensuring to New Time srl‘s customers maximum data protection. The operators of the New Time srl Customer Service are not in any way authorized to request or to accept credit card numbers and / or expiry date of the same.
In order to ensure better protection on purchases through e-commerce, New Time srl recommends its Customers to join Verified By Visa or Mastercard Securecode services, requiring a safety PIN code with which you can make your purchases safely. For more information, please visit www.visa.com or www.mastercard.com
If the are sufficient existing funds to purchase and bank details provided are valid, the transaction will be processed instantly.
Customers residing outside the European Union who buy products destined outside the European Union will be able to use the TAX FREE service following the procedures set out by the Site during the purchase.
7. Shipping and Delivery
All shipments of New Time Srl are handled by trusted couriers. Shipments are insured free of charge against theft and accidental damage. Once the shipment reaches its destination insurance loses its validity. Orders will be taken over from the warehouse during the 24 hours following receipt of the same and they are processed and shipped Monday through Friday, from 9:00 to 18:00 hours CET. Orders are not processed, and shipments are not made on days 1 January, 6 January 25 April, 1st May, 2 June, 15 August, 1 November, 8 December, 25 and 26 December. The products are transported with adequate packing specially designed to ensure maximum safety of the products during transport. Of receipt of payment, delivery times are those indicated in the purchase order registered and specified in the confirmation of the purchase order.
New Tims srl will ship usually within 3 (three) working days from the date of payment. Delivery times are estimated from 1 (one) to 3 (three) business days after the date of shipment in view of the place of destination of the shipment.
In case of failure to indicate a specific delivery time, it will normally take place within thirty days starting from the day following the dispatch of the order. The dispatch of the consignment is communicated to the customer via e-mail.
The delivery will be made exclusively to the destination address specified by the customer when ordering.
In case of impediments to the delivery due to force majeure New Time srl will contact the user by e-mail to inform him of the delay in delivery. New Time srl will not be held in any way responsible for any delays due to acts of third parties like customs controls and operations and/or force majeure.
The customer is required to check, upon delivery of the Products by the Courier that the number of packages delivered corresponds to that indicated in the delivery note and the packaging and its seals are intact.
Delivery is deemed complete at the time when the product is made available to the user at the address specified on the order form.
In case of non-delivery for the absence of the recipient at the specified address, the courier will leave a card to certify the delivery attempt.
If delivery attempts will fail, the purchased product will be shipped back to New Time Srl.
After thirty days from the date the product was shipped back to New Time Srl, the contract will be terminated and the order purchase cancelled (in accordance with art. 1456 cc). New Time Srl will reimburse the amount paid by the user, net of delivery costs for the products not successful and the cost of returning the same in New Time Srl and custodial fees. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the payment method used by the user for purchase. In the event that, before the expiration of the thirty days, the user requesting to resend the product purchased, New Time srl will proceed to the new delivery after passing the expense of the same. It is up to the recipient check the condition of the delivered product.
Any damage to the packaging and/or product or a mismatch between the number of items or information must be immediately stated in writing on the Courier’s delivery note. In addition the user must immediately notify Customer Service of New Time Srl by e-mail at firstname.lastname@example.org.
Shipments from New Time srl that contain an item made from an exotic pelt destined outside of the European Union my require an extra document called C.I.T.E.S. (Convention on International Trade in Endangered Species of Wild Flora and Fauna).
The terms of delivery indicated above may vary for products subject to C.I.T.E.S.
The certificate C.I.T.E.S. accompanying the product purchased acts as a “Passport” for the goods shipped and it certifies the item comes from an animal bred specifically for commerce and not taken from the wild. For more information please see: www.cites.org . The documents are issued by a designated C.I.T.E.S. Management Authority and take 14 days to be processed.
To obtain the documents, C.I.T.E.S. requires the fiscal invoice and thus the Client’s Credit Card WILL BE DEBITED BEFORE SHIPMENT.
Due to standard processing time for the documents, the shipment will be delayed.
In some cases, the Customs office may ask the recipient of a package to provide an import license in order to receive the delivery.
Any costs involved in the process of obtaining the license are the Client’s responsibility and are not refundable by New Time srl.
New Time srl assumes no liability in any case against delays of any kind because of the local customs officials or of C.I.T.E.S. authorities, which may take a longer period of time to approve products C.I.T.E.S.. If importation of the products to be denied, we will make a refund as soon as the products C.I.T.E.S. will be returned.
8. Damaged goods
Upon delivery, the customer is required to verify the number of packages and carefully check the outside appearance of the packages. If the number of parcels delivered does not correspond to that indicated on the shipping document, or if the packaging for visible signs of tampering, alteration or deformation that could indicate that any damage or alteration of the content, the client can refuse the shipment or, alternatively, accept it by signing the delivery note with the words “WITH RESERVE (specifying the reasons)” so you can check the condition of the merchandise. The customer who buys from New Time Srl You have the right to return the purchased products and require replacement of the goods in case of their possible transport damaged or broken seals. This should be exercised by the customer, subject to revocation, no later than two days from the receipt of the package by giving notice, to the email address: email@example.com. New Time srl shall arrange as soon as possible and at its own expense the withdrawal of damaged products and then to replace them, or if that is not possible, refund the customer the amount.
9. Warranty and Support
The products offered on the site comply with Italian legislation and EU legislation in force in Italy.
The sale of the Products is subject to legal guarantee of conformity provided by Articles 128, 129, 130, 131, 132, 133, 134 and 135 of the Italian Consumer Code. The Legal Guarantee is reserved to consumers only. In case of lack of conformity of products purchased from the description published on the site, the user has the right to the repair or the replacement of the product at no additional charge, if this is possible in relation to the number of copies still available for sale and save that the replacement or repair are not excessively burdensome for the seller in consideration of the value the goods would have if there were no lack of conformity, and the extent of the defect. Alternatively, the user has the right to terminate the contract or to the reduction of the price, in accordance with the following provisions. However, users are invited to contact the customer care at the New Time Srl firstname.lastname@example.org to agree on the preferred solution.
New Time Srl is liable to the consumer for any lack of conformity that exists at the time of delivery of the product that become apparent within two years from that delivery. The lack of conformity must be filed with the dealer, at voiding the penalty, within two months from the date on which it was discovered.
In the event of termination of the contract, New Time Srl will return the price paid by the user.
In any case, the refund amount will be communicated to the user by way of e-mail and credited on the means of payment used by the user for purchase.
The user will have to agree with New Time Customer Service the shipping arrangements of the goods.
The products repaired, modified or altered in any way by the user are excluded from the legal warranty.
Breakdowns or malfunctions or defects of other type caused by accidental events or responsibility of the consumer or by an improper use of the product and/or to how much anticipated in the technical documentation attached to the product, where existing, or in the instructions of use related to the same are excluded from the scope of the legal warranty. Conventional warranties for products sold are provided directly from the manufacturer. In no event New Time srl be liable for non-performance in any of the obligations arising from these Conditions of Sale in the event that the failure is caused by unforeseeable and/or force majeure.
New Time srl is not liable for damages of any nature whatsoever, arising from use of the product in an improper manner and/or not in accordance with the manufacturer’s instructions and in case of damage caused by accident or force majeure.
New Time srl shall not be liable in the event of loss of revenue, profits, data or any other indirect damage of any kind arising out of or related to contracts subject to these Terms and Conditions of Sale. The responsibility of New Time srl, in any case, cannot be higher than the total value of the purchase.
In no event New Time srl be liable for non-performance in any of the obligations arising from contracts subject to these Terms and Conditions of Sale in the event that the failure is caused by unforeseeable and/or force majeure.
10. Right of withdrawal
The Customer is entitled to terminate the contract, without giving any reason, within 14 (fourteen) days from the date on which the Customer enters physically in possession of the Products.
To exercise the right of withdrawal, the customer will have to send by e-mail (at email@example.com) or regular mail (at New Time srl, with headquarters in Via Pesciatina 751H, 55010 Gragnano – Capannori (LU)), within the deadline:
– The withdrawal form duly completed and signed, downloadable from the website;
– Or a communication that highlights the intention of the customer to exercise the right of withdrawal in accordance with Article 52 of the Consumer Code. Such notification must include the following information: indication of the product for which the customer wishes to exercise the right of withdrawal; order number and if the customer has purchased the products making the payment by bank transfer, the IBAN of the customer on which the refund is to be performed. The communication by registered letter must be sent to the following address: New Time srl, with headquarters in Via Pesciatina 751H, 55010, Gragnano – Capannori (LU). The return will only be accepted by the country in which the delivery occurred.
New Time srl will send an e-mail to the customer with instructions for the withdrawal of the product that will be arranged only by New Time srl.
Within 14 days of notification of withdrawal the customer must return to New Time srl the product by sending the same, according to the instructions that will be given to New Time in relation to the value of the product, to the following address: New Time Ltd, with headquarters in Via Pesciatina 751H, 55010, Gragnano – Capannori (LU).
The customer is solely responsible for any decrease in the value of the product resulting from a product of manipulation different from those needed to determine the nature, characteristics and operation; therefore, the Customer must not remove any labels applied to the product.
New Time srl reserves the right to refuse refunds sent or submitted late or later than 14 (fourteen) days from the date on which the customer enters physically in possession of the product itself. The returned product has not to be used, must be accompanied by the enclosed warranty and any other accessory kit and the packaging must not show signs of wear, abrasion and scratches.
New Time srl will provide for full repayment of the sums paid by the customer, in any case no later than 14 days after the date on which New Time srl has been informed of the decision of the customer to terminate the contract. This reimbursement will be made by New Time srl with the same method of payment used by the customer for the initial transaction, unless otherwise and expressly agreed.
New Time Srl may suspend the refund until the product has been received by New Time srl, or until such time that the Customer provide evidence of having sent back the product. Refunds will be processed in the same purchasing currency. Any loss due to currency fluctuation will not be refunded.
For the withdrawal, the following provisions shall apply:
A) The user has a period of 14 days from the date of receipt of the ordered product to clearly communicate his intention to make the return in the forms mentioned above. In the case of purchase of more goods by one order and delivered separately the 14-day period begins on the date of receipt of the last product ordered.
B) The products must be returned undamaged and properly packaged, preferably in their original packaging, complete with all accessories. The risks linked to the return of products in this case are borne by the user. The user must include in the package a copy of the order confirmation and a copy of the printed sales receipt enclosed with the shipment.
The user is liable for any diminished value of the products resulting from product handling themselves different from those needed to establish the nature, characteristics and functioning of the goods. In this case New Time srl reserves the right to ask to the user the reimbursement of the diminished recorded value.
The right of withdrawal is excluded in the event that the sale must relate to products tailored or personalized or which by their nature can not be returned or are liable to deteriorate or expire rapidly, or sealed goods which are not suitable to be returned for hygiene reasons or related to the protection of health and were unsealed after delivery.
New Time srl reserves the right to refuse unauthorized Returns or otherwise not complying with the above conditions. In such cases the goods will be returned to the sender at the original shipping address.
11. Site Content and intellectual property rights
The contents of the Site, including but not limited to works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the site, including menus, web pages, graphics, colours, schemes, tools, fonts, design of the web site, diagrams, layouts, methods, processes, functions and software, are protected by copyright and any other intellectual property of Hi-Tek Office s.r.l., or of New Time srl as a licensee, or the other rights holder. It is forbidden the reproduction, modification, duplication, copying, distribution, sale or other exploitation of the images, the contents of the Site unless previously authorized in writing by the owner. It ‘s also prohibited any use of the content of the Site for commercial purposes and/or advertising.
All other brands not owned by Hi-Tek Office Srl, or the New Time srl, as a Licensee, may be present on the site are registered trademarks of their respective owners and are used under license for the sole purpose of distinguishing, describing and advertise the products for sale on the Site.
All unlawful and unauthorised use of the above-mentioned trademarks is prohibited. It is forbidden to use any distinguishing trademarks on the Site to take unfair advantage of the distinctive character or reputation of these or to damage them and their owners.
In any case, the user can alter, change, modify or adapt the site, or the material available.
12. Disputes, Jurisdiction and Venue
We inform consumers residing in EU countries and for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of using the method of Online Dispute Resolution (ODR), provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/.
In compliance with the provisions of that legislation, the e-mail address of New Time srl is also provided: firstname.lastname@example.org.
The Terms and Conditions of Sale are governed by the law of the Court where the Consumer resides.
For any disputes concerning the Terms and Conditions of Sale will be competent the Court of the place specified by the user as its residence and domicile.
New Time srl, through the Site, exclusively sells to consumers. In the event that a professional, breaching the prohibition on the purchase, buys on the Site, the General Conditions of Sale would be governed by Italian law, in the event of a dispute, the Court of Florence would have exclusive jurisdiction.