Terms and Conditions

Terms and Conditions EU

These Terms & Conditions apply for customers with shipping address in the European Union countries.

§ 1 Application of Terms and Conditions
These Terms and conditions (T&Cs) apply to all orders placed by our customers at our online shop. This online shop is only for use by consumers and may not be used by customers acting in their capacity as entrepreneurs or businessmen. The T&Cs in the version valid at the time of placement of the order apply exclusively. Deviating provisions of our customers will not be accepted; this shall also apply when we do not expressly object to the inclusion of such deviating provisions.

§ 2 Conclusion of the Contract

  1. The presentation of our products in our online shop is subject to change and is not an offer in a legal sense.
  2. By clicking the button “Add to Cart” our customers can place the desired product in the virtual shopping cart. This procedure is non-binding and is not a legally binding offer of the customer.
  3. The content of the order will be summarized under “Shopping Cart”. The consumer can correct any errors through the available change fields and then select “Checkout” to proceed.
  4. The customer only submits his binding offer to us for conclusion of a contract through clicking the button “Confirm and Place Order”. The completion of the order process requires the confirmation of the knowledge and application of the T&Cs by the customer through a confirmation of the field “I have read and accepted the Terms and Conditions”.
  5. The confirmation of the receipt of the order placed through our online shop occurs through an e-mail as a screen report on the website. These automatic confirmations of receipt only inform the customer that the order has been received by us and are not yet an acceptance of contract.
  6. A contract is only entered into once we have confirmed the shipment of the ordered products in an e-mail communication or the ordered product is actually shipped.
  7. The customer confirms that all information provided by him in the order or registration in the online shop (e.g. name, address, e-mail address, bank details, etc.) is accurate. Changes must be indicated to us without delay.

§ 3 Right of Withdrawal, Cancellation
The customer has a right of withdrawal in accordance with the statutory provisions. The provisions apply for the right of revocation which are stated in detail in the following.

§ 3.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us [Marbler Fishing Srl – Via Brigata Composta, 17a – 37137 Verona VR – Italy, info@marblerfishing.com] of your decision to withdraw from this contract through an unequivocal statement (e.g. a letter sent by post or e-mail).  To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you receive faulty goods, you may also have a right to return these goods and to ask us to repair or replace them or get a refund. Please return your item(s) to us within 30 days after finding the fault, and remember to get in touch before returning. You can do this sending an email at info@marblerfishing.com , and we will look into it.

§ 3.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. The cost of returning the goods will be covered by you.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

§ 3.3 Returns

PLEASE DO NOT POST ANY ITEM WITHOUT PRIOR CONFIRMATION FROM US
Please follow the process below for returning your parcel to us.

  1. Obtain a return address by sending a request at info@marblerfishing.com.
  2. Re-pack the item in its original packaging or in a secure, waterproof package with labels and tags still attached.
  3. Cover your address label with the return label or address details we will send you.
  4. Return the package by using your local Post Office/courier and obtain proof of postage from the Post Office/courier. Please do not post the package without obtaining a certificate of posting.
  5. Keep your certificate of postage safe as you will need this as your proof of return.

§ 3.4 Return times

  • If you are an EEA customer and you have exercised your legal right to change your mind and cancel your order, we will refund you within 14 days from the day we receive your items back from you or (if earlier) within 14 days from the day you provide us with evidence that you have sent them back to us. Return costs will be covered by the customer.
  • If you are an EEA customer and you have returned faulty items and asked for a refund, we will process your refund within 14 days of the date we agree that you are entitled to a refund.
    For other customers, it may take up to 21 days for your refund to be processed after you have returned your item(s) to our warehouse.
  • Faulty products returned by you will be refunded in full, including a refund for the delivery charges for sending the item and the reasonable costs of return. However if there is more than the returned faulty item in the same order, the delivery charge will not be refunded.
  • If you are an EEA customer and you have exercised your legal right to change your mind and cancel your order, we will refund you the price paid for your order and the costs of delivery to you, however we may make deductions from your refund for damage or wear and tear to items where you have used (or excessively handled) them and this results in the value of the items being diminished and we will not be required to refund you any costs you incur returning your order to us after exercising your right to cancel.
  • In the event that we do not receive your rejected or returned goods, we will ask you to provide the certificate of posting from your Post office or applicable returns service location as proof of postage. We reserve the right to refuse a refund if we do not receive your rejected or returned goods and you are unable to provide the certificate of posting.

§ 4 Delivery, Non-Availability
(1) In the event of non-availability of the ordered product for which we are not responsible due to non-timely or incorrect delivery (including delivery of insufficient quantity) by our (sub-) supplier despite a delivery agreement entered into with our (sub-) supplier for the ordered product, we reserve the right not to make delivery.
(2) In this case we agree to inform our customers without delay of the (partial) non-availability of the ordered product and to reimburse any consideration (payments) already received from our customers without delay.

§ 5 Payment Possibilities, Electronic Invoice
(1) The payment shall be made by PayPal, Bank transfer or cash on delivery. We reserve the right to exclude individual payment methods or only to offer selected payment methods.
(2) The customer shall receive an electronic invoice at the order completion. An electronic invoice is an invoice issued and received in electronic form. The customer consents to the sending of an electronic invoice.

§ 6 Retention of Title
Any products remain our property until all payments have been paid in full.
§ 8 Warranties
(1) The customer’s rights in respect of defects of quality are subject to statutory requirements. This means that the customer can primarily request replacement performance, i.e. at his option replacement delivery or elimination of defect. In the event the further statutory requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract.
(2) The limitation period for statutory claims for defects shall be two years from delivery of the goods.
(3) Any additional manufacturer warranties provided by us apply in addition to the claims due to defects as to quality or defects of title in the meaning of para. 1. Details of the scope of such warranties are indicated in the warranty terms which may be provided together with the products.
(4) Except for guarantees expressly indicated as such, no guarantees of any type are given.

§ 7 Data Protection
(1) We collect and store the data of the customer necessary for the processing of the transaction. In processing the personal data of the customer we comply with the statutory provisions. Details are indicated in our Privacy Policy available on our website.
(2) The customer shall upon request receive information concerning the recorded data concerning him at any time.