Terms of Sale

SELLER INFORMATION

DEEP BLUE SUB srl
Via Luigi Sacco, 16
Postal Code 21100 Varese (VA)
VAT No. and Tax Code: 03120830124
Online store on the website www.deepbluesub.com
Retail store: Via Luigi Sacco, 16 - 21100 – Varese, Italy
Telephone number: +39 0332 1893582 available Monday to Friday (10:00 AM - 1:00 PM / 3:30 PM - 7:30 PM)
Email: info@deepbluesub.com

For any matter or clarification regarding the content of the GTC (General Terms and Conditions of Sale), the contract (as defined in Section 3.4 below), and its regulations, DEEP BLUE SUB srl is available, including by telephone, to provide the customer with any clarification or information. Should the customer decide not to use the telephone service, all rights and options granted to the customer by law shall in any case remain unaffected and without prejudice. In compliance with the provisions of current legislation, the general terms and conditions of contract (including the shipping conditions for the items) are specified below.

The right of withdrawal for consumers is governed by Section 6 of these GTC.

1. SCOPE OF APPLICATION. DEFINITIONS

1.1 These GTC apply to all orders (as defined in Section 3.2 below) submitted by customers to DEEP BLUE SUB srl through the website www.deepbluesub.com and govern and form an integral and substantial part of all contracts entered into by the customer with DEEP BLUE SUB srl. By submitting an order, the customer declares that they have read and accept these GTC. These GTC shall prevail over any other general terms and conditions of contract whose application is invoked in relation to one or more contracts.

1.2. “Consumer” means any natural person who places an order for purposes unrelated to any business, commercial, trade, or professional activity they may carry out;

“Professional” means any natural or legal person who places an order in the course of their business, commercial, trade, or professional activity;

“Customer” means, as the case may be, the Consumer or the Business Customer;

“Contract” has the meaning assigned to that term in Section 3.4.;

“Business day” means any day of the week, except Saturday, Sunday, and public holidays as provided by law;

“Order” has the meaning assigned to that term in Section 3.2.

2. DOWNLOAD AND CONSULTATION OF THE CONTRACT TERMS AND CONDITIONS

2.1. The Customer may consult these GTC, together with the text of the contract, on the website www.deepbluesub.com. The customer may also print or save this document using the standard functions of their browser.

2.2. The data for each order shall be saved by DEEP BLUE SUB srl on its own systems. However, for security reasons, the customer shall not have unrestricted access to such data. Each customer is nonetheless guaranteed restricted access by username and password within the area of the website called “restricted area.” In this area, by entering their credentials (email and password), the customer may view their concluded contracts, pending orders, and newly submitted orders, as well as update and save their contact details, password, and any other data. The customer undertakes to treat their access credentials as confidential and not to make them available to third parties.

3. CONCLUSION OF THE CONTRACT

3.1. Contracts are entered into exclusively in Italian/English.

3.2. By clicking “Place Order/Continue to PayPal,” the customer shall submit to DEEP BLUE SUB srl an irrevocable contractual proposal, pursuant to and for the purposes of Articles 1326 and 1329 of the Italian Civil Code, concerning the items contained in the cart (the “Order”). Once the Customer has submitted the order, DEEP BLUE SUB srl shall confirm receipt of that order. Without prejudice to the right of withdrawal referred to in Section 6 of these GTC below, the customer undertakes to keep the order firm, pursuant to Article 1329 of the Italian Civil Code, for 4 (four) Business Days from the time of submission, if the ordered item is marked as “available.” In all other cases, the order shall be irrevocable, again pursuant to Article 1329 of the Italian Civil Code, for 7 (seven) business days.

3.3. If the ordered product is not available, DEEP BLUE SUB srl shall inform the customer of the quantity of unavailable products, summarizing the order details and the resulting update to the amount to be paid, or specifying that, due to the unavailability of the purchased products, the order and the amount have been modified or canceled.

3.4. Upon the customer’s receipt of the order confirmation sent by DEEP BLUE or, in the absence of such confirmation, upon delivery of the items covered by the order, a binding contract shall be deemed to have been entered into between DEEP BLUE SUB srl and the customer (the “Contract”).

4. PRICE AND SHIPPING COSTS

4.1. DEEP BLUE SUB srl reserves the right to change at any time the prices of the items sold through the website www.deepbluesub.com, without prejudice to the fact that the price of the items offered on the website shall be deemed to be the price indicated up to the time the order is submitted. The prices shown are retail prices, inclusive of VAT and any other taxes.

4.2. By clicking on the “Shipping” area, delivery times, costs, and general service information can be viewed.

5. PAYMENT AND DELIVERY

5.1. Unless otherwise agreed, the customer shall pay in full the price of the ordered items and the shipping service at the same time as submitting the order. DEEP BLUE SUB srl reserves the right to deliver the purchased items only after receiving payment of their full price. As part of the order submission process, DEEP BLUE SUB srl may, at its sole discretion, offer various payment methods, including, by way of example, payment by credit card, payment through the secure “PayPal” system, payment by bank transfer, or cash on delivery.

5.2. For deliveries, DEEP BLUE SUB srl will use the carriers UPS, BRT, GLS and Poste Italiane. Delivery times vary depending on the destination and are listed in the “shipping” area of this website.

Where the item is marked as “available”, DEEP BLUE SUB srl will ship said item as soon as possible.

5.3. DEEP BLUE SUB srl shall not be liable for non-delivery or delayed delivery in cases where:

a) despite having duly and promptly purchased the items to fulfill the order received, it has not been supplied within the terms and in the manner agreed with the supplier

b) is unable to make up for the unavailability of such items

c) has promptly notified the customer of the item’s unavailability, informing them of the right of withdrawal referred to in the following Section 6. In the event that an item is unavailable, DEEP BLUE SUB srl will refund any advance payments made by the customer within 30 (thirty) days of receipt of payment.

5.4. DEEP BLUE SUB srl shall not be liable for failure or delay in delivery due to force majeure events such as, by way of example, strikes, measures by public authorities, rationing or shortage of energy, transport difficulties, fires, floods, inundations, or similar events not attributable to DEEP BLUE SUB srl. DEEP BLUE SUB srl shall promptly notify the customer of the occurrence and cessation of a force majeure event. If the force majeure event persists for a period exceeding 4 (four) weeks, either party may withdraw from the contract. In the event of withdrawal pursuant to this Section 5.4, the customer shall not be entitled to any indemnity or compensation of any kind, except for the right to a refund of any amount already paid as the price.

5.5. In the event of purchase, the risk of accidental loss of the item passes to the customer after the item has been delivered by the courier.

5.6. The customer is responsible for checking the condition of the shipment upon receipt of the goods. The customer is always responsible for notifying the carrier, who must make a specific note of it, of acceptance with reservation if the packages are damaged or tampered with at the time of delivery. In the absence of such reservation, the company and the carrier are released from all transport-related liability for damage or shortages.

5.7. the customer will receive a tracking number and a link to the UPS website to monitor the shipment status.

5.8. DEEP BLUE SUB srl declines all liability if delivery is made to third parties not expressly mentioned in the waybill.

5.9. DEEP BLUE SUB srl allows a maximum period of 7 days from the shipping date to accept claims for non-delivery for domestic shipments and 15 days for international shipments.

5.10. If the customer is absent from the delivery location, the courier will leave a specific notice indicating the shipment number and the UPS telephone contact. The customer must contact the courier to arrange delivery of the products. If the customer does not call, UPS will attempt delivery two more times on the following business days, after which the shipment will be placed in storage and the related storage costs will be charged to the customer.

6. RIGHT OF WITHDRAWAL

6.1. A purchaser who is not satisfied with the products purchased may exercise the right of withdrawal without any penalty and without having to state a reason, pursuant to Art. 49 et seq. of Italian Legislative Decree 206/2005, the Consumer Code.

6.2. The instructions for exercising the right of withdrawal, as well as the consequences of such withdrawal, are set out below.

WITHDRAWAL INSTRUCTIONS

The consumer has the right to withdraw from the contract. The right of withdrawal must be exercised within 14 days from the date of delivery of the item (in the case of multiple deliveries, from the date of the first partial delivery) by notice sent by registered letter with return receipt or by email to our certified email address deepbluesub@pec.it. The substantial integrity of the goods and their original packaging to be returned is an essential condition for exercising the right of withdrawal.

The withdrawal notice must be addressed to:

DEEP BLUE SUB srl
Via Luigi Sacco, 16
Postal Code 21100 Varese (VA)
Tel: +39-0332 1893582
Email: info@deepbluesub.com
Certified email: deepbluesub@pec.it

Items may be returned (at the consumer’s expense):

a) By arranging the shipment independently, exclusively by courier.

b) By physically returning the item or items to our Varese premises.

c) By contacting DEEP BLUE SUB srl to activate our guided return procedure.

DEEP BLUE SUB srl is not liable for any damage to the products occurring during shipping and return shipment.

If DEEP BLUE SUB srl receives returned items that are damaged or tampered with, it will not refund the amount paid for the purchase of the products.

Consequences of withdrawal

DEEP BLUE SUB srl will refund the price paid by the Consumer, provided that the item has been returned by the Consumer, within 14 (fourteen) days from the date the goods are received at the Varese premises. The costs and risks associated with returning and shipping the returned item(s) are borne by the customer.

Shipping costs due to an item exchange depend on the destination country and are always borne by the customer.

Items must be returned:

- properly packed in their original packaging, in perfect resale condition (not worn, damaged, or soiled) and complete with any accessories, user instructions, and documentation;

- accompanied by the transport document (included in the original packaging), so that DEEP BLUE SUB srl can identify the customer (Order number, first name, last name, and address);

- showing no clear signs of use.

If the returned item does not comply with the requirements set out in the previous paragraph, the withdrawal will have no effect.

The buyer may not exercise the right of withdrawal for purchase contracts for products made to measure or clearly personalized, or which, by their nature, cannot be returned or are likely to deteriorate or change rapidly, as well as for sterile items such as earplugs.

7. DISCLAIMER

7.1 DEEP BLUE SUB srl shall not be liable for any direct or indirect damages that the Customer may suffer in connection with the use of the purchased products, including damages resulting from data loss or delivery delays, or due to force majeure, nor in the event that the product can no longer be serviced or repaired after the warranty period has expired.

8. BUYER’S OBLIGATIONS

8.1 Once the online purchase procedure has been completed, the buyer undertakes and agrees to print and retain these general terms and conditions, which the buyer will already have viewed and accepted as binding for the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the requirements of the applicable legislation under Art. 49 et seq. of Legislative Decree 206/2005, Consumer Code.

8.2 The buyer undertakes and agrees, whenever these general terms and conditions are amended, to print and retain them.

8.3 The buyer is strictly prohibited from entering false and/or invented and/or fictitious data in the registration procedure required to initiate, with respect to the buyer, the process for the performance of this contract and any further related communications, including by e-mail.

8.4 DEEP BLUE SUB srl reserves the right to prosecute any violation or abuse in accordance with the law, in the interest and protection of consumers.

8.5 The Customer holds DEEP BLUE SUB srl harmless from any liability for the issuance of incorrect tax documents due to errors in the data provided by the Customer, as the Customer is solely responsible for entering such data correctly.

9. WARRANTY, RETURNS AND COMPLAINT HANDLING

9.1. Purchases made by the customer are subject to the applicable statutory warranty provisions.

9.2. The customer may contact DEEP BLUE SUB srl at any time using the methods indicated in these GTC. DEEP BLUE SUB srl will review the requests received as soon as possible and contact the customer to discuss any authorization of the return. If a request for information or a complaint concerns the warranty of an item, DEEP BLUE SUB srl will generally need to contact the relevant manufacturer. For this reason, a longer period of time may be required before the customer is contacted by DEEP BLUE SUB srl. In the event of a complaint, DEEP BLUE SUB srl invites the customer to describe the nature of the problem in as much detail as possible and, where appropriate, to send copies of the order documents such as: the sales receipt, the invoice or a copy of the transport document, and any other information useful for the correct identification of the complaint and the subsequent return to the supplier.

9.3. If the non-conformity of the item is certified by our suppliers, we will replace the item. Under no circumstances will returns received without authorization from DEEP BLUE SUB srl be accepted.

9.4. Any shipping costs for returns and/or warranty products shall be borne entirely by the customer.

10. DATA PROTECTION

DEEP BLUE SUB srl reserves the right to retain the data relating to each order, as well as the customer’s contact details, solely for the purpose of using them for the proper fulfillment of the order (including by transmitting them to commercial partners involved in payment management, order fulfillment and/or shipment of the item), for any claims regarding the item’s warranty and/or for recommendations or instructions to the customer relating to the item. Data retention and processing shall take place in accordance with the contents of the Personal Data Protection Statement issued by DEEP BLUE SUB srl. Without prejudice to the foregoing, any use of the customer’s personal data shall be subject to the provisions contained in the aforementioned Personal Data Protection Statement.

11. GOVERNING LAW, JURISDICTION

11.1. These GTC are drafted in Italian. The GTC and individual contracts shall be governed by Italian law and, therefore, interpreted and performed in accordance with it, except where expressly derogated from therein and without prejudice to the application of the mandatory legal provisions of the Consumer’s place of residence. The application of the 1980 Vienna Convention on the International Sale of Goods (CISG) and any other international agreement and/or convention is expressly excluded.

11.2. The court with jurisdiction in the event of disputes in relations with consumers, pursuant to Art. 66-bis of Legislative Decree 206/2005 (Consumer Code), shall be the Court of the consumer’s place of residence (or domicile).
Furthermore, consumers established in Europe may use the platform made available by the European Commission for the resolution of any dispute arising from the online contract entered into on the website.

11.3. In the case of contracts concluded with Professionals or contracts concluded with Consumers residing in non-EU countries where no consumer-protection rules are provided, the Court of the place where DEEP BLUE SUB srl has its registered office shall have exclusive jurisdiction to settle any dispute arising from or connected with these GTC and/or with individual contracts. In any case, DEEP BLUE SUB srl’s right to bring proceedings before the Court of the customer’s place of residence remains unaffected.

12. SEVERABILITY CLAUSE

If any current or future provision of the General Terms and Conditions and/or of the agreement should be or become wholly or partially null and/or ineffective, or if there is a gap in the provisions of the General Terms and Conditions and/or of the agreement, the remaining provisions of the General Terms and Conditions and of the agreement shall in any case remain valid and effective. It is understood that DEEP BLUE SUB srl and the customer undertake to negotiate in good faith to fill the gap or to replace the null and/or ineffective clause, with the objective of achieving the same results pursued by the invalid or ineffective clause and preserving the economic substance of the agreement.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the customer declares that they expressly approve the provisions set out in these General Terms and Conditions.

These General Terms and Conditions are intellectual property protected by copyright. Their use, even partial, by third parties for commercial purposes is not permitted. Any violations will be prosecuted under criminal law.

13. PRIVACY

13.1. Whenever you use this website, you will always be subject to the application of the Privacy Policy, and you must therefore review this text to verify your compliance with it.

13.2. The personal data you provide will be included in an archive under the responsibility of DEEP BLUE SUB srl for the following purposes:

a) the development, compliance, and performance of the purchase agreement for the products you have purchased or any other agreement between the two parties;

b) Respond to your questions and requests

c) Provide you with information about DEEP BLUE SUB srl products and initiatives, including, in relation to such products and initiatives, the sending of commercial communications by email or through any other equivalent electronic communication method (such as SMS). You may change your preferences regarding the sending of such commercial communications upon receipt of the first communication. DEEP BLUE SUB srl, with registered office at Via Andrea del Sarto 19/B, 21100, Varese, as the party responsible for the archive, undertakes to respect the confidentiality of your personal information and to ensure the exercise of your rights of access, modification, deletion, and objection, by email or telephone request.