General Terms and Conditions of Sale

These General Terms and Conditions of Sale ("GTC") govern purchases made through the website www.deepbluesub.com and apply to all orders placed with DEEP BLUE SUB SRL, except for specific terms expressly agreed upon in writing.

By placing an order, the Customer declares that they have read and accepted these General Terms and Conditions of Sale.

1. SELLER

The seller is:

DEEP BLUE SUB SRL
VAT No.: IT03120830124

Administrative Office / Billing Address:
Via A. Del Sarto 19/B
21100 Varese (VA)
Italy

Shipping & Returns Address:
Via Acquadro 3
21022 Azzate (VA)
Italy

E-mail: info@deepbluesub.com
Phone: +39 0332 1893582

2. SCOPE OF APPLICATION AND DEFINITIONS

These GTC govern the sale of products marketed by DEEP BLUE SUB SRL through its website.

For the purposes of these terms and conditions:

a Costumer means a natural person who makes purchases for purposes unrelated to their business, trade, craft or profession;;
a Professional Customer means any natural or legal person who purchases in the course of their business, trade, craft, or profession;
an EU Customer means, for the purposes of provisions relating to shipping and returns, a Customer whose order is delivered within the European Union;
an Non-EU Customer means a Customer whose order is delivered outside the European Union.

Any mandatory rights granted to the Consumer under applicable law remain unaffected.

3. ORDERS AND CONCLUSION OF THE CONTRACT

3.1 Placing an Order

The Customer selects the desired products, relevant variants, quantities, and shipping and payment methods through the website.

Before confirming the order, the Customer must carefully check the contents of the cart, including in particular the selected variants, measurements, sizes, colors, quantities, prices, and delivery address.

Submitting the order entails acceptance of these GTC.

3.2 Order Confirmation

Upon receipt of the order, DEEP BLUE SUB SRL will send the Customer a confirmation to the email address provided.

The Customer must promptly verify the accuracy of the information provided in the order confirmation and immediately report any errors.

3.3 Availability

The availability indicated on the website is updated through the management systems used by DEEP BLUE SUB SRL.

In the event of the subsequent unavailability of one or more products, DEEP BLUE SUB SRL will inform the Customer and, where possible, propose an alternative solution, waiting for restocking, or a refund for the unavailable product.

3.4 Changes and cancellations

A request to modify or cancel an order will be considered provided that the order has not yet been prepared or handed over to the carrier.

Once preparation has begun or the shipment has been dispatched, DEEP BLUE SUB SRL does not guarantee the possibility of modifying or canceling the order.

4. PRICES, VAT, AND PAYMENTS

4.1 Prices

The applicable Prices are those displayed on the website at the time of ordering, except in the case of obvious material errors.

DEEP BLUE SUB SRL may change Prices at any time without affecting orders already completed.

4.2 VAT

The application of VAT depends on the nature of the transaction, the Customer, and the destination country in accordance with applicable tax regulations.

For exports to non-EU countries, prices are considered exclusive of Italian VAT.

4.3 Payments

Available payment methods are indicated during checkout.

The order is considered paid when DEEP BLUE SUB SRL receives confirmation of the completed transaction from the relevant payment service provider, except where a different payment method is expressly provided for.

5. SHIPPING AND DELIVERY

5.1 Delivery address

The Customer is responsible for the accuracy and completeness of the address provided.

Any costs resulting from incorrect or incomplete addresses, the recipient's unavailability, or other circumstances attributable to the Customer may be charged to the Customer within the limits permitted by applicable law.

5.2 Delivery times

Any delivery times indicated on the website are estimates based on the selected service and the carrier's normal operations.

Unless expressly guaranteed otherwise, an estimated delivery time does not constitute a guarantee of delivery by a specific date.

Any delays attributable to the carrier, customs authorities, security checks, exceptional events, or other circumstances not directly controlled by DEEP BLUE SUB SRL will be handled by providing the Customer with reasonable available assistance.

5.A – SHIPMENTS WITHIN THE EUROPEAN UNION

Orders destined for the European Union are shipped using one of the services available during checkout.

The Customer is required to check the external condition of the package upon delivery and, in the presence of obvious damage, to accept the shipment with a specific reservation where possible or to document the damage immediately.

5.B – NON-EU SHIPMENTS

5.B.1 Duties, taxes and customs clearance

Unless otherwise indicated during checkout or expressly agreed in writing, for shipments destined for countries outside the European Union, the price paid to DEEP BLUE SUB SRL does not include:

customs duties;
VAT or other import taxes;
local taxes;
brokerage fees;
handling fees;
customs clearance fees;
any other charges applied by authorities, customs intermediaries, or the carrier in the destination country.

DEEP BLUE SUB SRL will provide the export and customs documentation required in its capacity as seller/exporter.

The Customer is responsible for importing the goods into the destination country and for all related charges, taxes, duties, and formalities.

DEEP BLUE SUB SRL cannot guarantee or determine in advance the amount of any charges applied in the destination country.

5.B.2 Recipient obligations

The Customer must ensure that they are legally able to import and receive the ordered products in the destination country.

The Customer must also promptly cooperate with the carrier, customs broker, and competent authorities by providing any information, documents, and payments required for customs clearance.

5.B.3 Refusal of delivery and failure to clear customs

Refusing, abandoning, or failing to clear a shipment through customs does not constitute a valid cancellation or return procedure.

A Customer wishing to return an order must contact DEEP BLUE SUB SRL before refusing delivery or taking any other action.

If a shipment is returned due to non-payment of duties or taxes, failure to clear customs, refusal of delivery, failure to respond to carrier requests, incorrect address, inability to locate the recipient, or any other cause attributable to the Customer, the conditions set out in Section 6.B shall apply.

6. WITHDRAWAL, RETURNS AND REFUNDS

The conditions applicable to returns differ depending on whether the delivery address of the order is inside or outside the European Union.

6.A – CONSUMERS WITH DELIVERY IN THE EUROPEAN UNION

6.A.1 Right of withdrawal

The Consumer may exercise the right of withdrawal within 14 days from the day on which they acquire physical possession of the goods, without having to state a reason, except for the exceptions provided for by applicable law.

In the case of a single order including multiple products delivered separately, the period begins upon delivery of the last item.

The right of withdrawal applies to distance purchases made by Consumers and does not automatically apply to purchases made in person at the store or to purchases made by Professional Customers.

6.A.2 Notice of Withdrawal

The Customer must clearly communicate their intention to withdraw from the contract within the prescribed period.

The notice may be sent to:

DEEP BLUE SUB SRL
E-mail: info@deepbluesub.com

The notice must make it possible to identify the order and the products subject to withdrawal.

6.A.3 Return of Products

After notifying withdrawal, the Consumer must return the products within 14 days.

The cost of return shipping is entirely borne by the Customer.

The goods must be shipped to:

DEEP BLUE SUB SRL
Via Acquadro 3
21022 Azzate (VA)
Italy

The Customer is responsible for properly packaging the returned products.

6.A.4 Condition of Returned Products

The Customer may inspect the product to the extent necessary to establish its nature, characteristics, and functioning.

The Customer is responsible for any decrease in value resulting from handling beyond what is necessary for such inspection.

Products that have been used, damaged, dirty, altered, or returned incomplete with respect to parts or accessories may therefore result in a reduction of the refund corresponding to the actual decrease in value.

6.A.5 Refund

Following the proper return of the products, DEEP BLUE SUB SRL will refund the refundable value of the goods subject to withdrawal.

The costs incurred by the Customer to return the products are at the Customer's expense.

DEEP BLUE SUB SRL may withhold the refund until receipt of the products or until proof of their shipment is provided, in the cases and within the limits provided by applicable law.

Any decrease in the product's value attributable to the Customer may be deducted from the refund.

6.B – CUSTOMERS WITH DELIVERY OUTSIDE THE EU

6.B.1 Returns Policy Outside the EU

For orders delivered outside the European Union, any returns are subject to the conditions of this Section, without prejudice to any mandatory rights granted to the Customer under applicable law.

Any return must be authorized in advance by DEEP BLUE SUB SRL.

The Customer must therefore contact DEEP BLUE SUB SRL before shipping the goods.

6.B.2 20% Restocking fee

Except for defective, non-conforming, or incorrectly shipped products by DEEP BLUE SUB SRL, returns from outside the EU are subject to a:

20% RESTOCKING FEE

calculated on the price of the returned products.

The restocking fee will be deducted from the refund.

Original shipping charges are non-refundable, except where mandatory provisions of applicable law provide otherwise.

6.B.3 Return Costs

All return costs are the responsibility of the Customer.

The Customer is also responsible for all costs incurred by DEEP BLUE SUB SRL as a result of the goods being returned to Italy, including, by way of example:

return transportation;
customs duties;
VAT applied upon reimportation;
other taxes;
brokerage fees;
handling fees;
customs clearance fees;
storage fees;
administrative costs charged by the carrier;
any other documented cost charged to DEEP BLUE SUB SRL as a result of the shipment's return.

These amounts will be deducted from the refund due to the Customer.

6.B.4 Refund Calculation

Without prejudice to any applicable mandatory rights:

REFUND = REFUNDABLE VALUE OF PRODUCTS – 20% RESTOCKING FEE – RETURN COSTS – REIMPORT DUTIES/VAT – BROKERAGE/HANDLING – OTHER DOCUMENTED COSTS

Original shipping costs are not refunded.

If the total costs are equal to or greater than the amount otherwise refundable, no refund will be due.

If any costs are invoiced to DEEP BLUE SUB SRL after the refund has been issued, DEEP BLUE SUB SRL reserves the right to request payment from the Customer.

6.B.5 Refused, Abandoned, or Uncleared Shipments

The same conditions apply if the package is returned because:

the Customer refuses delivery;
the Customer refuses to pay duties, VAT, or other charges;
the Customer does not complete customs clearance;
the Customer does not respond to the carrier's requests;
the package is not claimed;
the recipient cannot be reached;
the address provided by the Customer is incorrect or incomplete;
the shipment is abandoned or returned for another reason attributable to the Customer.

Refusal of delivery does not cancel the order and does not avoid costs arising from shipment and its return.

6.B.6 Reshipment

If a returned package is reshipped to the Customer, the Customer must bear the new shipping costs and any costs already incurred due to the previous return.

Any new duties and taxes applied in the destination country are the responsibility of the Customer.

7. PRODUCT OR SIZE EXCHANGES

Any requests to exchange a product, size, fit, color, or variant are subject to product availability.

Before returning a product for an exchange, the Customer must contact DEEP BLUE SUB SRL.

Any return and reshipping costs are the responsibility of the Customer, unless the exchange is necessary due to an error attributable to DEEP BLUE SUB SRL or a product defect/non-compliance.

For non-EU Customers, any applicable customs and import/reimport costs shall also remain payable.

8. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL AND PRODUCT USE

8.1 Products made, cut, or prepared according to the Customer's specifications

Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded for the supply of goods made to measure or clearly personalized.

This category includes, where prepared or modified specifically based on the quantities, measurements, or instructions selected by the Customer, products cut to size or specially prepared for the order, such as, by way of example, rubber bands, shooting line, rope, monofilament, Dyneema, and other materials sold by the meter or cut to size.

When the Customer selects a specific length or quantity and DEEP BLUE SUB SRL cuts the material from the relevant original spool, hank, or packaging to fulfill that order, the product is considered prepared according to the Customer's specifications and cannot be returned by exercising the right of withdrawal.

The same exclusion applies to products made or modified specifically according to the Customer's instructions and to clearly personalized products.

This exclusion does not affect the Customer's rights in the event of a defective product, a product that does not conform to the order, or a product incorrectly prepared by DEEP BLUE SUB SRL.

8.2 Products sealed for hygiene or health protection reasons

Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded for sealed goods delivered which are not suitable for return for hygiene or health protection reasons if the relevant seal has been removed or opened after delivery.

Any exclusion shall apply only to products which, by their nature and for genuine hygiene or health protection reasons, cannot be marketed again once the seal has been opened.

Simply opening a product's packaging does not automatically result in the loss of the right of withdrawal unless such conditions apply.

8.3 Product testing and use

For products for which the right of withdrawal remains applicable, the Customer may handle and test the product only to the extent necessary to establish its nature, characteristics, and functioning.

The Customer is responsible for any decrease in value resulting from use or handling beyond what is reasonably necessary for such inspection.

By way of example, dry fitting with reasonable care of a wetsuit, mask, pair of fins, or other wearable product is distinct from actual use of the product in the water.

Use at sea, in a pool, or in another situation of normal product use, the presence of signs of use, scratches, abrasions, dirt, odors, alterations, assembly, modifications, or other conditions that prevent the product from being resold as new may result in a reduction of the refund proportionate to the actual decrease in value of the goods.

The reduction in value will be assessed based on the actual condition of the returned product.

8.4 Defective or non-conforming products

The exclusions and limitations set out in this article concern the right of withdrawal due to a change of mind and do not limit the Consumer's rights relating to defective, non-conforming, or incorrectly supplied products by DEEP BLUE SUB SRL.

9. DEFECTIVE PRODUCTS AND LEGAL WARRANTY

9.1 Consumers

For Consumers, the mandatory provisions relating to the legal warranty of conformity apply.

For new goods, the seller's liability for lack of conformity lasts for the period provided by applicable law.

The legal warranty does not cover issues resulting, among other things, from normal wear and tear, improper use, accidents, inadequate maintenance, unauthorized modifications, or use contrary to the manufacturer's instructions.

9.2 Reporting

In the event of a suspected defect or lack of conformity, the Customer must contact DEEP BLUE SUB SRL and provide:

order number;
description of the issue;
photos or videos when useful for diagnosis;
any additional information reasonably necessary to process the claim.

The Customer must not independently ship the product before receiving instructions from DEEP BLUE SUB SRL.

9.3 Remedies

If a lack of conformity covered by the legal warranty is confirmed, the remedies provided for by applicable law will be applied.

DEEP BLUE SUB SRL may request the return of the product to verify the defect and arrange repair, replacement, or another applicable remedy.

9.4 Manufacturers' commercial warranties

Any commercial warranties offered directly by manufacturers are additional to, where applicable, the legal warranty and do not limit its mandatory rights.

10. LIMITATIONS OF LIABILITY

DEEP BLUE SUB SRL is not liable for damages resulting from improper use of the products, failure to follow the manufacturer's instructions, or use of the products for purposes other than those for which they were designed.

The Customer is responsible for selecting products, measurements, sizes, features, and configurations suitable for their needs, except where specific advice has been provided and accepted as part of the purchase.

Nothing in these GTC limits or excludes liability that cannot legally be limited or excluded.

11. CUSTOMER OBLIGATIONS

The Customer undertakes to:

provide accurate and complete information;
check products, variants, quantities, and address before placing the order;
be available for delivery;
monitor communications regarding the shipment;
cooperate with the carrier when necessary;
for non-EU shipments, complete import and customs clearance formalities;
use the products in accordance with their intended purpose and the manufacturer's instructions.

12. PERSONAL DATA PROTECTION

Personal data is processed in compliance with applicable personal data protection laws and as set out in the Privacy Policy published on the website.

13. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale and contracts entered into with DEEP BLUE SUB SRL are governed by Italian law.

However, Consumers shall retain the benefit of any mandatory consumer protection provisions provided by the applicable law and mandatory rules regarding jurisdiction.

For relationships with Professional Customers, unless otherwise required by mandatory provisions, the courts of Varese shall have exclusive jurisdiction.

14. NON-EU CUSTOMERS AND LOCAL REGULATIONS

For orders shipped outside the European Union, the Customer is also responsible for checking any local restrictions concerning the importation, possession, or use of the purchased products.

The choice of Italian law provided for in these GTC shall not have the effect of depriving a Consumer of any mandatory protections granted under the law applicable to the relationship.

15. SEVERABILITY CLAUSE

If any provision of these GTC is deemed null, invalid, or ineffective, this circumstance shall not, where permitted by law, result in the invalidity of the remaining provisions.

The provisions of these GTC must be interpreted and applied in compliance with any applicable mandatory rules.

16. CONTACTS

For information regarding orders, shipments, returns, or warranties:

DEEP BLUE SUB SRL