1.1 In these terms and conditions "we" and "us" mean Cressi-Sub SpA , and "you" means you the Customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions shall apply to your Order for the supply of Products. No other terms and conditions shall apply.
The Contract cannot be varied unless we agree to vary it in writing by signature of an authorised signatory of Cressi-Sub SpA
2. Placing Your Order
2.1 Orders may be placed in the following Cressi websites: CRESSISWIM.COM
2.2 The Shopping Cart and the order acceptance will be operating in the website CRESSISTORE.COM
2.3 You may place an Order only by filling in the Order Form on the CRESSISTORE.COM website, submitting the user ID (login) and password and clicking on the appropriate submission button.
2.4 When you place your Order, we will provide you with a Web Order Number via the CRESSISTORE.COM website.
2.5 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.6 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by email. The Order Confirmation will be effective on sending. If we do not accept your Order we will attempt to contact you by email.
2.7 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the Cressi websites. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order and repay you any money that you may have paid to us in respect of your Order. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
3. Supply of Your Products
3.1 Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1 The price for the Products will be the price indicated in the Invoice.
4.2 VAT is payable by you at the applicable rate as indicated in the Invoice.
4.3 The shipment costs will be indicated in the Invoice.
5. Paying for Your Products
You must pay in the currency as indicated on your Invoice.
If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products.
We will not commence the manufacture of your Products neither will we supply the Products to you until your credit card issuer has authorised the use of your card for payment of the Products ordered. If we do not receive such an authorization we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send these by e-mail where you have indicated an e-mail address on your Order Form.
6. Shipment, Risk and Title
6.1 The shipment of the Products ordered in CRESSISWIM.COM website is limited to the following countries: Austria, Denmark, Finland, Germany, Sweden.
6.2 All Products will be shipped by us to your delivery address which has been agreed by us.
6.3 Unless otherwise agreed in writing all shipments (which for the purpose of this clause shall be deemed to include the contents of packaged Products as well as the packages themselves and the number of packages) shall be deemed correct and undamaged unless at the time of delivery you specify on our copy of delivery documentation the precise shortfall or error in delivery or inform us of such shortfall or error in writing within fourteen (14) days after the original delivery date of the given shipment. Your failure to inform us in this way shall constitute a waiver of any such claim. All communications with us must include the Web Order Number, and the exact nature of the discrepancy between the order and shipment in number or type of Products shipped. For under-shipments, we shall, at our sole discretion, issue a replacement shipment or a credit to your account within thirty (30) days of receipt of your written notice.
6.4 Risk of loss of or damage to Products will pass to you upon our delivery of Products to our nominated carrier. We may at our discretion decide to replace Products lost or damaged in transit on a case-by-case basis.
7 One (1) year Limited Warranty
7.1 All new Cressi-Sub SpA products carry a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference. You may review a copy of the limited warranty on Cressi-Sub SpA Hardware products, including its limitations and exclusions, before your purchase, by clicking the appropriate link below. Such a limited warranty covers Cressi-Sub SpA Products (as defined below) only;
8. Our Liability
8.1 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract.
8.2 Any warranty, condition or other term concerning the Products which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
8.3 Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
8.4 Subject to clause 8.2 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
9. Contacting Cressi-Sub SpA
You can contact us at by email at email@example.com
10. Data protection
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or fax Order for the purposes of processing your Order. Please note that we may also share such data globally within the other companies that help us provide Products to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. In addition, where you have requested finance in order to pay for the Products ordered, some of the information you provide to us will be passed to companies providing finance for your purchase. We may also occasionally share your information with carefully selected third party companies whose products are available for purchase on the Cressi Store in order to provide you with information from time to time on other products and services that may be of interest to you.
11. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract.
However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
12. Disagreements Governing Law and Jurisdiction
12.1 This Contract shall in all respects be governed by and construed in accordance with the laws of Italy and the parties agree that the courts of Italy shall have exclusive jurisdiction to hear and determine any disputes arising out of or in connection with this Contract and any Orders placed thereunder.
12.2 Unless expressly stated otherwise in this Contract, neither our failure nor your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
12.3 In the event that any of the provisions of this Contract shall be held by a court or any other tribunal of competent jurisdiction to be unenforceable, illegal or otherwise invalid, the remaining portions of this Contract shall remain in full force and effect and shall be interpreted in such a way as to approximate as closely as possible the original objectives of the parties under this Contract.
12.4 If (a) a receiver, manager, administrator, administrative receiver or similar official is appointed for you or your property, if you make an assignment for the benefit of your creditors, if any proceedings are commenced by, for or against you under any bankruptcy or insolvency or you are liquidated or dissolved, have a petition presented or an order made for your winding-up, cease or threaten to cease to trade or takes or suffer any action on account of debt or anything similar or analogous to the above occurs in any jurisdiction; or (b) if you breach any term of the Contract or any other contract made between you and us, then we may at our option suspend further deliveries; and/or terminate the Contract without the requirement to give advance notice.
12.5 Neither the Contract nor any Order will be assignable by you, and you may not delegate your duties under the Contract without our prior written consent which shall not be unreasonably withheld. We may assign the Contract without your consent provided that such assignment is to an affiliated company forming part of the Cressi-Sub SpA group of companies.
13. Defined Terms
13.1 In these terms and conditions:
"CRESSISWIM.COM website" means our build-to-order website for customers. The web address of which is http://www.cressiswim.com;
"CRESSISTORE.COM website" means our build-to-order website for customers. The web address of which is http://www.cressistore.com;
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Export Laws" means all laws, regulations and orders of the European Union and the Republic of Italy applicable to the export, re-export, transfer or resale of Products;
"Hardware" means any Cressi-Sub SpA-branded Product;
"Invoice" means the invoice issued by us to you for the price of the Products;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form(s) on the Cressi websites;
"Product" means any product listed on the Cressi websites which we agree to supply to you on these terms and conditions and may include Services;
"Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on the Cressi websites which we agree to supply to you on these terms and conditions;
"Territory" means these countries: Austria, Denmark, Finland, Germany, Sweden.
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the Republic of Italy.
13.2 Cressi-Sub SpA is a company incorporated in the Republic of Italy with its registered office at Via Adamoli 501 – 16165 Genova – Italy and with registered number 132666 REA Genova