In force since 1 March 2023

1. Scope of application and conclusion of the contract

1.1 These Conditions of Sale (Terms of Sale” or ”CV” or “Agreement”) govern the offer and sale through the website https://www.metalstyle.com (“Site”) of the products specifically indicated on the Site as “sold” by METASLSTYLE S.R.L. (“Products”). The Site is owned by METALSTYLE S.R.L. with registered office in via Statale San Pietro 23/B – 16042 Carasco (GE), VAT number: 02189190990 (“METALSTYLE”).

1.2 The sale of Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70 and subsequent amendments, containing the regulation of electronic commerce.

1.3 These CVs apply to all sales of Products made by METALSTYLE through the Site. They can be modified at any time. Any changes will be effective from the moment of their publication on the Site in the ”Conditions of Sale” section, present in the footer of each page of the Site. Users are therefore invited to access the Site regularly and to consult, before making any purchase, the most up-to-date version of the CVs.

1.4 The applicable CVs are those in force on the date of transmission of the purchase order for a Product.

1.5 Before proceeding with the purchase of Products through the Site, the user is required to carefully read these CVs, which METALSTYLE makes available to him in the “Conditions of Sale” section of the Site and which he is allowed to memorize and reproduction, as well as all other information that METALSTYLE provides on the Site both before and during the purchase procedure.

1.6 METALSTYLE reserves the right to make any modifications or variations to its production without notice that it deems necessary in order to adapt it to production needs or corporate strategy.

2. Purchases on the Site

2.1 The purchase of the Products through the Site can also take place after registering on the Site with the methods set forth in art. 3 which follows and is permitted both for users who have the quality of consumers and for users who do not have this quality.

2.2 Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, it should be remembered that a consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

2.3 Finally, METALSTYLE reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute.

3. Site registration

3.1 Registration on the Site is free. To register on the Site, the user must fill in the appropriate form. In the event that registration takes place during the purchase process, the insertion of the address, telephone number and tax code will also be required.

3.2 Registration on the Site allows the user to carry out, among others, the following activities through a reserved and personal area:

• follow the status of orders;
• consult your order history;
• manage your personal data and modify them at any time.

3.3 The registration credentials (email address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no third party has access to them and to immediately inform METALSTYLE, by contacting it on the numbers referred to in art. 15 that follows, in the event that you suspect or become aware of an improper use or undue disclosure of the same. Each user is allowed to register on the Site only once. It is forbidden for the same user to make multiple registrations. In the event that METALSTYLE detects that the same user has made multiple registrations on the Site, METALSTYLE reserves the right to proceed, immediately and without notice, to block the relevant account.

3.4 The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold METALSTYLE harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.

3.5 METALSTYLE declares that the personal data collected for the user’s registration on the Site or for the conclusion of the contract referred to in the following art. 4, will be processed in compliance with current legislation on data protection including, by way of example, Regulation (EU) 2016/679 (GDPR), Legislative Decree 196/2003 and subsequent amendments and additions. (Privacy Code) and the information on the processing of personal data of METALSTYLE available at the following link: https://3.5 METALSTYLE declares that the personal data collected for the user’s registration on the Site or for the conclusion of the contract referred to in the following art. 4, will be processed in compliance with current legislation on data protection including, by way of example, Regulation (EU) 2016/679 (GDPR), Legislative Decree 196/2003 and subsequent amendments and additions. (Privacy Code) and the information on the processing of personal data of METALSTYLE available at the following link: https://www.metalstyle.com/privacy-policy.

4. Information directed to the conclusion of the contract

In compliance with Legislative Decree 9 April 2003, n. 70 and subsequent amendments, containing provisions on electronic commerce, METALSTYLE informs the user that:

1. to conclude the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and send it to METALSTYLE, electronically, following the instructions that will appear from time to time on the Site;
2. the contract is concluded when the order form reaches the METALSTYLE server;
3. before proceeding with the transmission of the order form, the user will be able to identify and correct any data entry errors by following the instructions on the Site in the various phases of the purchase;
4. the order form will be filed in the METALSTYLE database for the time necessary to execute it and, in any case, in accordance with the law. The user will be able to access the order form and/or the data relating to it through his personal account

4.2 The language available to users for the conclusion of the contract is Italian or English. Customer Service is able to communicate with users in the same language.

5. Availability of Products

5.1 The Products that can be purchased from METALSTYLE through the Site are the items in the electronic catalog published on the Site at the time the order is placed, also listed in the PDF catalogs that can be downloaded in the appropriate section of the site.

5.2 Each Product is accompanied by an information page which illustrates its main characteristics (”Product Page”). Products may be “available” (“Available Products”) or “orderable” (“Orderable Products”). The Product Page indicates whether the product is “available” and in this case the price is present or “can be ordered” in this case the price is “0” or “price on request”.

For each product it is therefore indicated whether it is:

– “available”: this means that the product is available to METALSTYLE and, therefore, ready for shipment, except in cases in which, due to exceptional and unforeseeable events, the product, at the time of collection from the warehouse, is unsaleable because missing or damaged at the time of collection from the warehouse and therefore cannot be shipped and there are no other identical products that can be delivered.

By completing the purchase process, the customer then proceeds immediately with the purchase of the product, according to the methods indicated on the Site.

– “can be ordered”: this means that the product can be ordered by METALSTYLE from its suppliers or is to be “made” (often based on customer design specifications).

By completing the purchase process, the user instructs METALSTYLE to order the product from its suppliers in order to check its availability and authorizes it: (i) in the event of a positive outcome of the availability check, to proceed with the purchase of the product, authorizing it for this reason, even in the case of payment by credit card, to carry out, at the time of order transmission, the Payment Authorization pursuant to art. 9.1.1. following; (ii) in the event of a negative outcome of the availability check, the cancellation of the order.

In the case of an order concerning an “Available Product”, METALSTYLE will send the user an e-mail confirming receipt of the order containing the identification number assigned to the order.

In the case of an order concerning an “Orderable Product”, in the working days following receipt of the order, METALSTYLE, in the event of a negative outcome of the availability check, will send the user a second e-mail, communicating the negative outcome . This communication will be followed by the full refund of any price already paid by the customer at the time of the order, depending on the payment method used by the customer. METALSTYLE points out that the visibility times of the refund do not depend on METALSTYLE, which, once the refund order has been given, cannot therefore be considered in default or responsible for refund delays attributable to the credit institution or to other providers such as Paypal or Stripe.

In the event of a positive outcome of the verification of the availability of the Product, the customer will receive an email confirming the shipment of the Product.

In the case of “Orderable Products” the negotiation/sale will proceed with traditional channels.

6. Product Information

6.1 Each Product is accompanied by the Product Page. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers used by users to display them. Furthermore, the images of the Products on the Site may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.

7. Prices

7.1 All the prices of the Products published on the Site are in Euros and do not include VAT. Delivery costs, which may vary according to the size of the products whether they are available or can be ordered, are NEVER indicated, so there is the right to request them during the purchase process, in the order summary and in the confirmation e-mail of the order and it is not mandatory to accept them.

7.2 All prices indicated on the price lists do not include packaging, transport and insurance costs, nor any additional charges (taxes, duties, etc.): these items are the responsibility of the User.

7.3 METALSTYLE reserves the right to change the price of the Products at any time. It is understood that the price of the Product that will be charged to the user will be that indicated in the order summary, displayed by the user before placing the order, and that any changes (increase or decrease) subsequent to the transmission of the order itself.

7.4 In the event that a Product is offered on the Site at a discounted price, the Site will indicate (i) the full reference price with respect to which the discount is calculated and (ii) what this full reference price corresponds to. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same.

8. Purchase Orders

8.1 The purchase contract is resolutely conditional on the failure to pay the total amount due or, in the case of payment by credit card, on the failure of the Payment Authorization, pursuant to art. 9.1.1 below. In the event that such payment does not take place, the contract will therefore be considered terminated by right. The user will be immediately notified of this resolution and of the consequent cancellation of the order: (i) immediately after the transmission of the order, through the Site, in the event that he has chosen the credit card as the payment method as well as through and -mail; (ii) by e-mail, if the user has chosen one of the other payment methods made available by METALSTYLE, including PayPal.

8.2 The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to METALSTYLE, on the other hand, will be transferred to the user when the user or a third party designated by him and other than the carrier, physically takes possession of the Products.

8.3 The user may cancel his order before having received the Shipping Confirmation (as defined in article 9.1.1), provided that the order has not been prepared for the shipping process. In this case, the user will not be charged any costs. In any case, without prejudice to the right of withdrawal under the terms and conditions set out in the following art. 11.

8.4 In order to place an order relating to a Product through the Site, it is necessary to carefully read and examine these CV.

9. Methods of payment

Payment for the Products purchased through the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased. In the event that one of these methods cannot be used in relation to a specific Product or order, this will be clearly indicated on the Site at the very latest at the beginning of the purchase process. The unavailable payment methods will in any case not be selectable by the user during the appropriate step (“Choose payment and continue”) of the purchase process.

9.1 Credit Card

9.1.1 Payment for the Products purchased on the Site can be made by credit card directly through the Site. METALSTYLE accepts credit cards from the VISA and Mastercard circuits. The accepted credit cards are, in any case, indicated in the footer of each page of the Site. The Payment Authorization is not a charge.

9.2 PayPal

9.2.1 Payment for the Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed by the user with PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with METALSTYLE. METALSTYLE is therefore not able to know and does not store in any way the credit card data connected to the user’s PayPal account or the data of any other payment instrument connected with this account.

9.2.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of refund, for any reason, the refund amount will be credited to the user’s PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, METALSTYLE cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.

9.3 Bank Transfer

9.3.1 Payment for the Products purchased on the Site can be made by bank transfer. The bank details for making the transfer will be indicated on the “Payments” page accessible via the appropriate link from the footer of each page of the Site and in the order confirmation e-mail.

9.4.2 Payment for the Products by bank transfer must take place no later than 7 calendar days from the date of the order. Once this deadline has elapsed, the contract may be considered automatically terminated, with consequent reimbursement of the Total Amount Due, if paid late. The termination of the contract will be communicated to the user via e-mail.

9.4.3 In the case of payment by bank transfer, the collection/shipping of the Products will be carried out only after receipt by METALSTYLE of the transfer.

9.4.4 To facilitate the connection between the payment received by bank transfer and the order placed, the customer is asked to indicate the order number in the reason for the bank transfer.

10. Methods, expenses and terms of delivery

10.1 The delivery of the Contractual Products is intended as agreed “ex works METASTYLE”.

10.2 Delivery is subject to payment and, unless otherwise specified, the delivery costs are charged to the user. The amount of delivery costs due by the user in relation to a specific order must be requested at the end of the purchase process, in the order summary; the customer has the option but it is not mandatory.

10.3 In the summary of the order and, therefore, before the user proceeds with the transmission of the same, the total price of the order will be indicated. This total, which will also be indicated to the user in the order confirmation e-mail, will constitute the total amount owed by the user in relation to the Product. For each sale made on the Site, METALSTYLE issues an invoice, sending it by e-mail to the holder of the purchase order. For the issuance of the invoice, the information provided by the user at the time of placing the order through the Site and which the user guarantees to be true, will prevail. No change in the invoice will be possible after it has been issued. The user undertakes to hold METALSTYLE harmless and indemnified from any damage to it that may derive, including any penalties, in the event that the data provided by the user through the Site for issuing the invoice are not true.

10.4 The delivery terms are always indicative: therefore, the user’s right to request sums by way of compensation for damage deriving from delayed delivery of the ordered Products is excluded. If the user, informed of the availability of the purchased Product, does not provide for its immediate collection or does not accept delivery of the same, all the expenses and costs deriving from this non-fulfillment will be borne by the same, without prejudice to any greater damage suffered from METALSTYLE. Failure to collect and/or refusal to deliver will also exempt METALSTYLE from any liability for the possession of the product.

10.5 The delivery of the Products is optional, in fact, the shipping costs are to be requested at the end of the purchase procedure.

11. Right of withdrawal from the purchase of Products

11.1 Without prejudice to the provisions of art. 11-bis.1 which follows, pursuant to articles 52 et seq. of the Consumer Code, the user who acts as a consumer has the right to withdraw from the Product purchase contract, without having to provide any reason and without having to incur costs other than those provided for by articles 11.5 and 11.9 below, within fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:

1. a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
2. b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
3. c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece ;

11.2 To exercise the right of withdrawal, the user must inform METALSTYLE of his decision to withdraw before the expiry of the Withdrawal Period.

11.3 In order to exercise the right of withdrawal, the user can present any other explicit declaration of his decision to withdraw from the contract (“Declaration of Withdrawal”), purely by way of example, by sending an email to servizioclienti@metalstyle. com remembering to specify the order number and the product for which you want to exercise the right of withdrawal.

11.4 In all cases of exercising the right of withdrawal, regardless of the method thereof, METALSTYLE will send the user an e-mail confirming receipt of the withdrawal request (“Withdrawal Confirmation E-mail”).

11.5 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. It should be noted that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user, it is in the user’s interest to use a durable medium when communicating his withdrawal to METALSTYLE.

11.6 The user must arrange to return the Products to METALSTYLE, using a carrier of his choice and at his own expense, without undue delay and in any case within the term of 14 calendar days from the date on which he communicated to METALSTYLE his decision to withdraw. The deadline is respected, if the user sends back the Products before the expiry of the period of fourteen days (“Return Deadline”). The Product, suitably protected and packed, must be sent to the following address: METALSTYLE S.r.l. via Statale San Pietro 23/B – 16042 Carasco (GE). The direct costs of returning the Products to METALSTYLE are borne by the user.

11.7 If the user withdraws from the contract, METALSTYLE will refund the Total Amount Due paid by the user for the purchased Product. The refund will be made using the same means of payment used by the user, in the case of payment by credit card and PayPal, unless the user has expressly agreed otherwise. In other cases, METALSTYLE will ask the user for the bank details necessary to make the refund, unless the user has expressly agreed otherwise. In the case of partial withdrawal from Multiple Orders, the quantification of the delivery costs to be returned to the user as a result of exercising the right of withdrawal will be carried out as indicated in art. 10.3 above. In any event, you will not incur any fees as a result of such reimbursement.

11.8 The user is solely responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. METALSTYLE will notify the user, by e-mail, within 5 working days from receipt of the Product, rejecting the request for withdrawal. The Product will remain at METALSTYLE at the user’s disposal for collection, which must take place at the expense and under the responsibility of the user.

11.10 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. METALSTYLE will notify the user of the circumstance and of the consequent reduced refund amount, by e-mail, within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount owed by you due to the decrease in value of the Product.

11.11 The right of withdrawal does not apply in the event of:

– supply of goods produced and packaged to measure or clearly personalized;

This exclusion of the right of withdrawal will be given specific and express communication on the Product Page as well as during the purchase process, before the user proceeds with the transmission of the order.

12. Legal Guarantee of Conformity

12.1 All products sold on the Site are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code as amended by recent European provisions (and, in particular, Directive (EU) 2019/771 the so-called Sales of Goods Directive and Directive (EU) 2019/2161 so-called Consumer Omnibus Directive (”Guarantee Legal”).

12.2. To whom it applies

The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not qualify as consumers will be covered by the guarantee for defects in the thing sold, the guarantee for defects in promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.

12.3 METALSTYLE guarantees that the product has been manufactured with top quality materials and has been tested and verified in its factory. The guarantee of the product and its accessories is applied as follows: for products sold in EEC countries to commercial companies (for example shipyards) it is 12 months from the date of delivery of the product, while for direct sales by Metalstyle to private customers end consumers the guarantee is 24 months. For products sold in non-EEC countries, the guarantee is 12 months from the date of delivery of the product (for particular options, the provisions of the contract remain valid). This guarantee is expressed in the free repair or replacement of those parts which, after a careful examination carried out by the Manufacturer’s Technical Service, are found to be defective under normal conditions of use. The warranty is limited to material defects only and ceases to have effect if the damaged parts of the product are tampered with (even involuntarily by external agents) or in any case disassembled by personnel not authorized for the purpose. Interventions under warranty are carried out exclusively at the Manufacturer’s headquarters or at METALSTYLE authorized dealers and workshops. The manufacturer gives the possibility to extend the warranty up to 5 years for a fee, subject to technical inspection by METALSTYLE.

12.4 The following are excluded from the guarantee:

• the costs relating to the replacement of lubricants, the costs of transport, board and lodging based on the rates in force of METALSTYLE for interventions carried out at the user’s premises or directly on the boat, any customs duties for products shipped to abroad;
• taxes (VAT) and anything else not written in the supply contract are in any case borne by the buyer;
• replacements or repairs of materials under warranty do not extend the terms of the warranty in any case.

NOTE: THE WARRANTY DOESN’T COVER THE COSTS OF BOAT RELEASE.

The purchaser will be able to assert his rights on the guarantee only if he has complied with the conditions concerning the performance of the guarantee, indicated in the supply contract.

12.5 When the warranty expires

Upon delivery of the product, check that it has not been damaged during transport. Any complaints must be presented no later than 8 days after delivery.

12.6 The warranty is void:

• for all components subject to normal wear;
• for any type of tampering with the product or for incorrect or different use of the product (methods that do not comply with the standards set out in this manual);
• when the damage to the product is attributable to insufficient maintenance;
• when the damage to the product is attributable to the environmental conditions in which it operates or to phenomena not dependent on normal operation, such as, for example, irregularities in the voltage or power supply values, exposure to humidity of the electronic or wooden part ;
• when, following repairs carried out by the user without METALSTYLE’s consent or due to the fitting of non-original spare parts, the product has undergone changes and the damage is caused by such changes;
• when the instructions described in this manual are not complied with.

12.7 (NOTE) The manufacturer is not responsible for any damage, defects or anomalies due to incorrect installation of the product, carried out without taking into account the best practices, and the recommendations given in the manual.

After the end of the warranty period, it is advisable to have a complete check of our product done every year before the start of the summer season at an authorized METALSTYLE service centre.

12.8 METALSTYLE reserves the right to ask the user to attach the invoice relating to the order to the request to take advantage of the Legal Guarantee of Conformity.

13. Jurisdiction

13.1 The purchase contract concluded on the Site is governed by Italian law.

13.2 For any dispute relating to these Terms of Sale and the sales governed by them, the Court of Genoa will be exclusively competent.