General Terms and Conditions of Sale

Company

  • Name: ATLANTIC STARS SRL
  • Registered office: Via PADOVA, 74 35010 Vigonza (PD) - Italy
  • VAT number: 05678120298
  • Brands sold: Atlantic Stars, Atlantic Stars Kids

Definitions

1.1. The term "Online sales contract" refers to the contract drawn up between the Supplier and the Buyer in a sales system organized by the Supplier using computer devices.

1.2. The term "Buyer" refers to the consumer, a natural person or legal entity, who makes the purchase, as per this contract, for purposes unrelated to any commercial or professional activity carried out. If the Buyer is a legal entity (e.g., companies, retailers, etc.) acting for purposes indirectly and/or directly connected to its own commercial activity, the right of withdrawal, also known as the right of cancellation or, more generally, reconsideration, will not apply.

1.3. The term "Supplier" refers to Atlantic Stars srl, the entity that promotes and offers its tangible goods for sale, described and presented on the Company's website.

Subject of the contract

2.1. With this contract, the Supplier offers for sale and the Buyer purchases remotely tangible goods marked with the brands Atlantic Stars and Atlantic Stars Kids.

2.2. The products offered for sale as per article 2.1. of these conditions are illustrated on the Company's website.

2.3. After giving consent to the use of personal data and the use of photographic material, the Buyer acknowledges having read and accepted all the sales conditions, payment conditions, and any other contractual conditions governed by this contract and established during the acquisition procedure.

2.4. The Buyer is not entitled to compensation for damages caused by the non-approval, even if limited, of an order.

2.5. The Buyer may purchase the products offered for sale by the Supplier at the time of placing the order and viewable on the Company's website as described in the relevant information sheets.

Methods of concluding the contract

3.1. The contract between the Supplier and the Buyer is concluded remotely, solely through the internet. By following the indicated procedures, the Buyer will formalize the proposal for the purchase of the goods offered on the Supplier's website.

Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded by the correct finalization of the purchase order, always after viewing a printable web page summarizing the order, which includes the details of the ordering party and the order, the price of the purchased product(s), shipping costs and any additional ancillary charges, payment methods and terms, the delivery address, delivery times, and the existence of the right of withdrawal.

4.2. When the Supplier receives the order from the Buyer, it sends a confirmation email or displays a printable web page confirming and summarizing the order, which must also include the data mentioned in the previous point.

Payment and refund methods

5.1. Payment by the Buyer can only be made using one of the methods indicated on the Supplier's website.

5.2. Refunds to the Buyer will be credited promptly and, in the event of exercising the right of withdrawal as regulated by clause 11 and following of this contract, within 30 (thirty) days from the date the Supplier became aware of the withdrawal.

Delivery times and methods

6.1. The Supplier undertakes to deliver the selected and ordered products using the methods chosen by the Buyer at the time the goods were offered.

6.2. The Supplier will promptly deliver the purchased products via express courier.

6.3. If an order contains items available in stock and ready for delivery along with items to be ordered, the order will be delivered in a single shipment, i.e., upon arrival of the items not immediately available. The Supplier reserves the right to process orders even partially.

6.4. Direct and/or indirect damages due to delayed delivery cannot be charged to the Supplier only if the delayed delivery is attributable to force majeure or an unforeseen event.

6.5. In the event of multiple purchases made at the same time (by multiple users), the Supplier reserves the right, once the order is received, to verify the availability of the goods and, in the absence thereof, to promptly communicate the non-acceptance of the submitted order.

6.6. If the courier is unable to deliver due to the absence of the recipient, or because the destination facility is closed, a new delivery attempt will be made. In all other cases (shipment refused, customer moved, incorrect address or inability to contact the customer to request collection of the shipment) or if the second delivery attempt is also unsuccessful due to the recipient's fault, the product will be returned to the Supplier, at the expense of the recipient or the buyer who will receive a voucher for the money advanced for the purchase of the goods, deducting shipping costs.

6.7. Upon delivery of the goods, the Buyer must check that the packaging is intact, not damaged or altered. It is advisable for the consumer to write "SUBJECT TO INSPECTION" on the courier's proof of delivery to allow the Supplier to ascertain possible carrier liabilities in case of external and apparent damage to the delivered package.

6.8. The Supplier requests that any problems relating to damaged products received be reported within 2 (two) days of delivery, by promptly contacting customer service at the following email address: [email protected] which will open a case for damage, theft or anomaly necessary to ascertain any carrier liabilities and verify the presence and extent of damage to the physical integrity of the products caused by transport. All this must be documented with a digital image, to be attached to the communication addressed to the Supplier's Customer Service. Without prejudice to the Legal Guarantee referred to in art. 132 co. 2 of the Consumer Code to the consumer.

6.9. The methods, times, and costs of shipment are indicated and highlighted on the Supplier's website.

Prices

7.1. The selling prices of the products displayed and indicated are expressed in euros and constitute a public offer pursuant to art. 1336 of the Italian Civil Code.

7.2. Selling prices include VAT and any other taxes. Shipping costs and any ancillary charges will be promptly quantified by the Supplier with an order confirmation email upon confirmation of receipt of the Buyer's order.

7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated, and subject to stock availability, on the Company's website.

Product availability

8.1. The Supplier ensures the preparation and dispatch of orders without delay.

8.2. Should an order exceed the quantity available in stock, the Supplier will notify the Buyer by e-mail if the item is no longer available or what the waiting times are to obtain the chosen item, asking if they wish to confirm the order or not.

Limitations of Liability

9.1. The Supplier assumes no responsibility for inconveniences attributable to force majeure and accidental events and in the event that it is unable to fulfill the order within the times provided by the contract.

9.2. The Supplier shall not be liable for damages, losses, and costs incurred by the Buyer as a result of the non-performance of the contract for reasons not attributable to the Supplier.

Buyer's obligations

10.1. The Buyer undertakes to pay the price of the purchased goods within the times and in the manner indicated in the contract.

10.2. The Buyer undertakes to print and keep the contract once the electronic purchase procedure has been completed.

Right of withdrawal and Returns

11.1. The Buyer cannot exercise the right of withdrawal, in accordance with art. 55 of the Consumer Code, in the following cases:

  • for the supply of all tailor-made and personalized goods;
  • for the supply of goods which by their nature cannot be returned, which risk deteriorating or expiring rapidly.

The right of withdrawal is not granted to legal and natural persons acting for commercial purposes or in any way related to their business activity, either directly or indirectly.

11.2. To exercise this right, the Buyer must simply send a communication to the Supplier within 14 days from the date of receipt of the selected products. This communication must be sent by registered letter with acknowledgment of receipt addressed to:

Atlantic Stars srl, Via Padova, 75, 35010 Vigonza (PD), VAT 05678120287

Once the Supplier receives the withdrawal form, customer service will notify the Buyer of receipt and provide instructions for returning the goods.

11.3. The right of withdrawal, if granted, is subject to the following conditions:

  • the right applies to the entire purchased item, as the right of withdrawal cannot be exercised on part of the purchased product;
  • the purchased product must be intact and returned in its original packaging, complete in all its parts, with packaging and accessory documentation;
  • the Supplier is not responsible for damages, theft, or loss of goods returned with uninsured shipments;
  • as soon as it arrives in the warehouse, the product will be carefully analyzed to assess any damage or tampering not resulting from transport.
  • Except for possible restoration costs for ascertained damage to the original packaging, the Supplier will refund the customer the full amount paid within 14 days.

11.4. The right of withdrawal lapses due to lack of integrity of the goods (packaging and/or its contents), in cases where the Supplier ascertains:

  • the absence of external and/or internal packaging;
  • the absence of integral elements of the product;
  • the absence of the label no longer attached to the product;
  • damage to the good.

If the right of withdrawal has lapsed, the Supplier will return the purchased item to the sender, charging the Buyer the shipping costs and without refunding the value of the item already paid.

11.5. Articles must reach the Supplier intact and undamaged in their original packaging. Under no circumstances will unauthorized returns or returns in makeshift packaging be accepted; furthermore, returns concerning perishable products will be authorized and accepted.

11.6. The product or component replacement procedure can only be activated if one of the following hypotheses occurs (without prejudice to the provisions in case of lack of conformity under articles 128 et seq. of the Consumer Code):

  • A product different from the one chosen by the Buyer has been mistakenly shipped by the Supplier and is therefore not present in their order. Should this error occur, the Buyer is obliged not to open the package and report the error to the Supplier;

11.7. Should the Buyer exercise the right of withdrawal or request a product replacement, before arranging the return shipment, the Buyer is obliged to contact the Supplier's Customer Service via e-mail.

In any case, the following documents and data must be prepared:

  • original invoice (order number, invoice number, customer code number);
  • in case of partial withdrawal, in addition to the purchase invoice, the identified item code;
  • specify, especially if you prefer to receive a full refund or a replacement item.

11.8. In case of Withdrawal:

  • The product must be returned to the courier in its original packaging;
  • The product must not have been used;
  • the label must still be attached to the product;
  • if multiple items are being returned, the return shipment must be made in a single solution.

If all the requested conditions are met, the customer will be given the option to choose between exchanging the item or receiving a refund for the purchased item using the same payment method used for the purchase within 14 days.

Warranty

12.1. Products sold by the Supplier are accompanied by the official manufacturer's warranty and the seller's legal warranty as provided for by articles 128 et seq. of the Consumer Code. In any case, the warranty applies to products that present aesthetic defects and/or malfunctions not detectable at the time of purchase, provided that the product is used correctly and with due meticulousness.

12.2. To benefit from the warranty, the Buyer must keep the invoice received in electronic format and, if possible, attach photographic documentation of the product to the claim.

12.3. The presumption of lack of conformity is 24 days.

Grounds for termination

13.1. The obligations set out in point 10.1 are essential, so that by express agreement, the non-fulfillment of even one of the aforementioned obligations, unless caused by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial pronouncement.

Contract storage methods

14.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order placed is stored in digital/paper format on the server/at the Supplier's premises, according to confidentiality and security criteria.

Applicable law and dispute resolution

15.1. This contract is governed by Italian law. The competent court is that of the consumer if the Buyer is, in fact, a natural person or legal entity making the purchase, as per this contract, for purposes unrelated to any commercial or professional activity carried out. If the Buyer is a legal entity acting for purposes indirectly and/or directly connected to its commercial activity, for any dispute concerning the validity, interpretation and execution of this sales contract, the parties recognize the exclusive jurisdiction of the Court of Padua (PD).

In accordance with art. 52 of the Consumer Code, the consumer acknowledges having received all necessary information for the valid conclusion of this distance contract.

Pursuant to art. 1341 of the Italian Civil Code, the Buyer declares to expressly approve articles 4, 6, 9, 10, 11, 12, 13, 15 of the present contract.