Terms of use – Noleggio Barche Salerno

General Terms of Use

Please carefully read these General Terms of Use (“GTU”) before using the Website. It is recommended to print a copy of these Terms for future reference. The User may not use the Website if they do not accept these Terms.

Introduction

This website is owned by Noleggio Barche Salerno, with registered office at Via Abate Conforti 173, 84098 Pontecagnano (SA), VAT number: 05670260651 – Tax code: 05670260651 – Tel. (+39) 338 777 5373 – email: info@noleggiobarchesalerno.it – pec: noleggiobarchesalernosrl@pec.it – https://noleggiobarchesalerno.it.

Below are the general terms of use (“GTU“) for the use and sale of products/services offered on the website https://noleggiobarchesalerno.it.

ARTICLE 1: Definitions

The term “Noleggio Barche Salerno” refers to the owner of the website, specifically Noleggio Barche Salerno, with registered office at Via Abate Conforti 173, 84098 Pontecagnano (SA), VAT number: 05670260651 – Tax code: 05670260651 – Tel. (+39) 338 777 5373 – email: info@noleggiobarchesalerno.it – pec: noleggiobarchesalernosrl@pec.it – https://noleggiobarchesalerno.it.

The term “Website” or “Store” refers to the online commercial space of the digital platform accessed through the URL https://noleggiobarchesalerno.it

The term “Online Contract” or “Order” refers to a contract for the sale of products traded by Noleggio Barche Salerno, which is concluded through a distance selling system via telematic tools accessed through the website https://noleggiobarchesalerno.it

The term “Personal Account” refers to the customer’s personal area on the website https://noleggiobarchesalerno.it, where they can access their personal data, purchase history, and saved wishlists after authentication.

The term “General Terms of Use” or “GTU” refers to the conditions aimed at defining the access and use of the website and its services.

The term “Product” refers to the product description page of each product marketed on the website https://noleggiobarchesalerno.it, including photos, texts, illustrations, images, and/or videos.

The term “Credentials” refers to the email address, username, and password chosen by the user to identify themselves and access the services of https://noleggiobarchesalerno.it.

The term “Cart” refers to the virtual container where selected products are collected for online purchase.

The term “Partner” refers to legal entities with which Noleggio Barche Salerno has entered into a partnership agreement.

The term “Price” refers to the total price of the product, including taxes payable by the buyer and excluding shipping costs, calculated as a flat rate according to the chosen shipping method.

The term “Services” refers to the set of features made available to users by Noleggio Barche Salerno and available on the website https://noleggiobarchesalerno.it

The term “User” or “Customer” refers to the individual (natural or legal person) using the website https://noleggiobarchesalerno.it

ARTICLE 2: Acceptance and Modification of General Terms of Use

Any use of the website and its services implies the prior acceptance, express and without reservation, of the GTU by the user. The user acknowledges and agrees that, by ticking the “Sign Up” box to create their own customer account, preceded by the information “By clicking Register, you accept the General Terms of Use”, they will be bound by the provisions set forth in the GTU.

Noleggio Barche Salerno reserves the right to refuse access to the website, unilaterally and without prior notice, to users who do not comply with these GTU at any time.

The user is aware that the GTU of the website may be modified at any time and unilaterally by Noleggio Barche Salerno in order to comply with any developments in its services or changes of a legal, jurisprudential, editorial, and/or technical nature. Noleggio Barche Salerno undertakes to inform the user of any changes made to its services and/or GTU through information published on the website and accessible from every page of the website.

The GTU applicable to each order placed through the website are those accessible online at the time of acceptance of the order submitted by the user and made available to the buyer before confirming the order.

Please note that the user has the obligation to consult the latest version of the GTU available on every page of the website before placing any new order.

ARTICLE 3: Conditions and Access Modalities of the Website

3.1. General Information

The Website is accessible free of charge to all users at the address “https://noleggiobarchesalerno.it“. The user must have an internet connection.

All software and materials necessary for the use and operation of the website’s services or internet connection are at the user’s expense. The user is solely responsible for the proper functioning of their computer equipment and internet connection.

The purchase of products from sellers must be paid in accordance with the “Financial Provisions” article of the platform’s GTU.

The user can access, browse, or use the entire platform or part of it. The user can also subscribe to the newsletter of Noleggio Barche Salerno.

In order to purchase products on the website, the user must be:

An adult natural person with legal capacity to act;
A legal entity whose legal representative must provide valid information about its identity (last name, first name), its corporate name, its tax code, and its VAT number or its REA number, the address of its registered office, its phone number, and its email address and/or Certified Electronic Mail (PEC).

3.2. Creation of a Personal Account or Guest Account

In order to purchase products on the website, the user must create a personal account or a guest account.

3.2.1. Creation of a Personal Account

Creating a personal account allows the user to:

Manage their personal information (postal address, email address, password, etc.);
Create their own profile;
Simulate an order (calculate shipping costs and total order amount);
Place an order for products on the website;
Obtain a detailed summary of their order (product prices / shipping costs);
Get information about orders to be paid by bank transfer;
Contact Noleggio Barche Salerno’s customer service;
Request an invoice;

The user can create a personal account:

By clicking on the “Sign Up” option in the “Account” section;
At the time of placing an order;

To create their personal account, the user must provide a valid email address, a username, and a password that does not compromise the rights of third parties. They undertake to keep their password confidential.

The user can request the deletion of their personal account at any time.

3.2.2. Creation of a Guest Account

Creating a guest account allows the user to:

Simulate an order (calculate shipping costs and total order amount);
Place an order for products on the website;
Obtain a detailed summary of their order (product prices / shipping costs);
Get information about orders to be paid by bank transfer;
Contact Noleggio Barche Salerno’s customer service;
Request an invoice;

The user can create a guest account when placing an order.

3.3. Refusal of Access to the Website

In general, when creating their personal account, the user undertakes to enter the data that allows their identification under their full responsibility, control, and direction and undertakes to provide complete, accurate, and updated information and not to appropriate the identity of third parties or to conceal or modify their age.

Furthermore, the user undertakes to:

Provide authentic, accurate, and complete information regarding their identity, address, and other necessary data for accessing the platform, so as not to mislead Noleggio Barche Salerno or third parties;
Update the aforementioned information in case of any changes;
Not access a personal account belonging to another user;
Take all necessary measures to protect their credentials, password, and data from any violations.

Noleggio Barche Salerno reserves the right to suspend or refuse access, without notice or compensation, on a temporary or permanent basis, to the entire website or part of it and/or its services and content, in case of serious, individual, and/or repeated violations of the provisions of these GTU by the user, including but not limited to, the entry of false, inaccurate, incomplete, or obsolete data or the use of fraudulent means of payment, attempts of fraud, or any other offense.

3.4. Access to the Website

Noleggio Barche Salerno makes every effort to ensure user access to its website. However, Noleggio Barche Salerno does not guarantee that the platform will work in any operating environment and that it will always be usable without interruption or errors, nor that errors will be corrected. User access to the platform is subject to Noleggio Barche Salerno’s obligation of means.

As the platform is constantly evolving, it is subject to specific changes and/or temporary or definitive interruptions without notice, for example, for maintenance purposes. Noleggio Barche Salerno declines any responsibility in case of impossibility to access the platform due to such changes. In this context, Nole ggio Barche Salerno reserves the right to interrupt, temporarily suspend, or modify access to the entire platform or parts of it without notice, in order to ensure maintenance or for other reasons, without any obligations or compensations arising from such interruption.

ARTICLE 4: User Conduct

4.1. General User Conduct

The user declares and acknowledges that all information, data, texts, messages, and other content posted by him on the website (hereinafter “contribution”) are under his exclusive responsibility.

The user undertakes not to publish contributions that are contrary to the laws and regulations in force.

In particular, the user shall not:

Disseminate information contrary to public order or good morals;
Deviate from the purpose of the platform and/or services to engage in propaganda, proselytism, prospecting, or solicitation;
Publish information of a conventional commercial nature, advertisements, or propaganda for tobacco, alcohol, or other regulated substances, products, or services;
Disseminate publications that violate the personality rights of third parties or that have a defamatory, insulting, obscene, pornographic, offensive, violent character, or incite discrimination, political violence, racism, xenophobia, sexism, or homophobia;
Publish information that violates legislation on the protection of personal data, allowing the identification of natural persons without their consent, for example, by mentioning surname, postal and/or electronic address, phone number, photos, audio or audiovisual recordings, or collecting and storing personal data relating to other users;
Access the platform and services fraudulently in violation of the general terms and conditions of use of the platform;
Send messages containing computer viruses or other codes, files, or programs designed to interrupt, destroy, or limit the functionality of software, computers, or telecommunication tools;
Harass one or more users;
Provide information that refers to other websites (through links or simply providing information) whose content may violate laws or regulations in force and compromise the rights of persons and property and/or intellectual property rights;

Furthermore, the user shall not violate the intellectual property rights of third parties. The user undertakes to respect the laws and regulations in force and to use only content for which he holds the rights or for which the rights holder has given his explicit consent to dissemination or which is free from all rights.

Where necessary, the user undertakes to indemnify Noleggio Barche Salerno for any direct or indirect damage related to the failure to comply with the aforementioned commitments.

4.2. Fraudulent Conduct

The user who acts fraudulently with respect to these general terms and conditions of use may be held civilly and criminally liable for any violations of copyright and related rights, rights of database producers, and automated data processing systems. Noleggio Barche Salerno may take legal action against the user who does not comply with these provisions.

ARTICLE 5: Order Procedure

The order procedure of the platform includes the following steps:

To order a product, the user must select the desired product and click on the “Add to Cart” button. Then, they can add more products by clicking on “Continue Shopping” or complete the order by clicking on “View Cart.” At this point, the user will see a summary of their cart and can modify or correct its content.
If the user has a personal account, they can enter their email address and password to log in. Otherwise, the user must create a personal account or guest account as described in article 3.2 of the CGU.
Next, the user can enter the necessary shipping information: last name, first name, delivery address, and phone number.
The user must then select a shipping method. At this point, the user still has the option to review and modify their order.
To finalize the order, the user must select the desired payment method and proceed to pay for the order by clicking “Place Order.” By proceeding with the payment, the user expressly and unconditionally accepts these CGU of the website.
Once the order payment is confirmed, the user will receive an email confirming the submitted order.
Upon shipment of the order by Noleggio Barche Salerno, the user will receive an email confirming the shipment of the product.

The sales contract is concluded between the buyer and the seller at the moment of payment for the order by the user.

ARTICLE 6: Financial Provisions

6.1. Selling Prices and Payment Methods

The prices of goods contained in the online catalog are expressed in euros, taxes included, and do not include shipping costs. The user makes the payment for their orders directly to Noleggio Barche Salerno according to the available payment methods on the platform. The payment for orders submitted through the site is made to Noleggio Barche Salerno. Orders from users who have not fully paid a previous order or with whom a dispute related to payment is ongoing may be refused.

6.2. Invoicing

For each sale of products, the user will be able to access their invoice, which will be:

Included in the package delivered to them;

6.3. User Refund Method

In case of a buyer’s refund for any reason, Noleggio Barche Salerno will use the same payment method used by the buyer at the time of order conclusion.

ARTICLE 7: Product Delivery

7.1. Delivery Charges

As specified in article 6, paragraph 6.1, the prices of goods contained in the online catalog are expressed in euros, taxes included, and do not include shipping costs, which will be indicated to the user during the order procedure before definitively confirming the order. Shipping costs are the responsibility of the user, except for free shipping.

7.2. Delivery Methods

The user is informed that the products can only be delivered to the Nolo Points of Noleggio Barche Salerno.

In the event of an unforeseen unavailability of a product indicated as available at the time of the customer’s order submission, the customer will be notified by the seller via email. In such a case, the customer can replace the unavailable product with an available one or choose to be refunded for any amount related to the placed order.

In any case, Noleggio Barche Salerno’s liability for the unforeseen unavailability of a product is excluded, and it cannot be held responsible for any delivery delays by its supplying companies.

After the payment of the reservation, you will be contacted by a member of the Noleggio Barche Salerno staff for further instructions on the rental.

ARTICLE 8: Right of Withdrawal

8.1.

The rental may be canceled by NOLEGGIO BARCHE SALERNO in the following cases:

If weather conditions do not allow navigation during the scheduled day of the rental, the parties can decide together whether to postpone the rental or cancel it;
If the renter does not have the necessary skills to drive the boat;
If the rented boat suffers damage that makes it unsuitable for navigation and which the owner cannot remedy before the rental.

In all the cases described above, the total rental amount will be refunded.

8.2. Cancellation Terms: Moderate

70% refund up to 7 days before the rental date: If the renter cancels at least 7 days before the rental, they will be refunded 70% of the total booking amount. If the renter cancels less than 7 days before the rental, there will be no refund. If the renter arrives and decides to leave before the scheduled date, they will not be refunded for the days not spent on board the boat.

ARTICLE 9: Non-Conforming, Incomplete, or Defective Products

9.1. Receipt of a Non-Conforming, Incomplete, or Defective Product

In the event of the delivery of a damaged, defective, incomplete, or non-conforming package, the user is invited to contact Noleggio Barche Salerno to resolve the issue. The user can contact the seller via email at info@noleggiobarchesalerno.it

9.2. Legal Warranties

Noleggio Barche Salerno, acting as a professional, undertakes to comply with the legal and regulatory provisions concerning the exercise of a distance selling commercial activity. Accordingly, except for any conventional warranty offered, the seller is required to provide the legal conformity guarantees provided for in the combined provisions of articles 129 and 130 of the Consumer Code. Any refund granted for any reason will be made by Noleggio Barche Salerno, which reserves the right to refuse it.

ARTICLE 10: Spare Parts

The buyer can contact Noleggio Barche Salerno at any time to inquire about the period during which, or the date until which, essential spare parts for the use of the product will be available.

ARTICLE 11: Product Evaluation, Referencing, and Classification

Noleggio Barche Salerno has implemented a rating system on the platform that allows the buyer to leave feedback on the product. This rating system, in addition to the referencing, dereferencing, and classification methods for sellers and products, is described in the section “https://noleggiobarchesalerno.it/informazioni-per-i-consumatori“.

ARTICLE 12: Intellectual Property

12.1. Website Content

Any use, reproduction, copying, or dissemination of one or more elements of the website for purposes other than private use is prohibited.

The collection of content and services on the website, including but not limited to the domain name, texts, graphics, photographs, designs, sounds, images, audio, and video, as well as the hierarchical structure, navigation plan, design, and organization of its sections, existing or future, are protected by intellectual and/or industrial property rights, owned or claimed by Noleggio Barche Salerno with the authorization of the rights holders and, where necessary, its partners.

Noleggio Barche Salerno grants all users a non-exclusive, personal, and non-transferable right to use the website and services for their own needs. This right is granted for the duration of the use of the website. This grant of rights does not involve the transfer of any intellectual and/or industrial property rights to the user.

Therefore, the user may not reproduce, directly or indirectly, in any form, the elements mentioned in the preceding paragraphs, nor modify trademarks, patents, names, acronyms, logos, colors, graphics, or other visible signs on the elements made available by Noleggio Barche Salerno, and, more generally, may not use or exploit such elements.

12.2. Database

Noleggio Barche Salerno is the producer and owner of all or part of the databases, their structure, and their contents, which are part of the website.

By accessing the website, the user acknowledges that the data it contains is protected by law and that they may not extract, reuse, deposit, reproduce, represent, or store, directly or indirectly, on any medium, by any means, and in any form, all or a qualitatively or quantitatively substantial part of the content of the databases on the website that they access, nor may they carry out a repeated and systematic extraction or reuse of qualitatively and quantitatively insubstantial parts, if such operations manifestly exceed normal conditions of use.

12.3. Trademarks

Noleggio Barche Salerno holds the trademark rights to the term “Noleggio Barche Salerno” and the associated logo/logos in the European Union. Unless expressly authorized, any use of the trademark “Noleggio Barche Salerno” and other trademarks, figurative or otherwise, belonging to Noleggio Barche Salerno or third parties will make the user liable to civil and criminal prosecution.

ARTICLE 13: Personal Data

When browsing the website and using the services offered there, personal data concerning the user’s person is collected and processed by Noleggio Barche Salerno. For more information on the processing of personal data carried out in this context, you can consult our privacy policy accessible at the link https://noleggiobarchesalerno.it/privacy-policy.

ARTICLE 14: Reporting of Content

Noleggio Barche Salerno has implemented a mechanism that allows all users to inform it about any controversial publications on the website, with the aim of facilitating their removal. This includes content related to the promotion of crimes against humanity, provocation of acts of terrorism and their promotion, incitement to racial hatred, hatred against people because of their sex, orientation, or sexual identity, and their disabilities, as well as child pornography, incitement to violence (such as incitement to sexual and sexist violence), as well as violations of human dignity.

Users can also request the removal of content protected by intellectual property rights from Noleggio Barche Salerno.

To request the removal of content, the user must send a letter to Noleggio Barche Salerno’s internal legal office at the address Via Abate Conforti 173, 84098 Pontecagnano (SA) or via PEC at the address: noleggiobarchesalernosrl@pec.it, providing the following information:

For individuals: last name, first name, address, and telephone number;
For legal entities: name, company name, address, telephone number, and identity of their legal representative;
Description of the disputed content;
The reasons why the controversial content, including the mention of legal provisions or justifications for the facts;
The date on which the controversial content was observed;
The URL address of the controversial content.

ARTICLE 15: General Provisions

To be considered admissible, user notifications must be detailed, clearly state the reasons for dissatisfaction, and be sent to Noleggio Barche Salerno by regular mail, email, and through their personal account. A post-sales service is available from Monday to Friday, from 9:00 to 20:00, and on Saturday from 10:00 to 18:00, at the number indicated on the website, (+39) 338 777 5373, and will address all user complaint-related inquiries. The parties shall not be liable for any delay or failure to perform due to a case of force majeure, as defined textually or more generally, according to consistent case law. If any provision of the general terms of use becomes null, unenforceable, or unlawful due to a law, regulation, or following a judicial decision, it shall not affect the validity, legality, or applicability of the other provisions of the Terms and shall not excuse the user from fulfilling their contractual obligations that remain valid.

ARTICLE 16: Disputes and Applicable Law

These platform’s CGUs are governed by Italian law. They are written in Italian. Where they are translated into one or more languages, only the Italian text shall prevail in case of disputes. In accordance with the applicable law, the consumer may choose, in addition to the competent territorial jurisdiction under the Code of Civil Procedure, that of the place where they reside at the time of the conclusion of the contract or the occurrence of the damaging event. The European Commission provides consumers with the Online Dispute Resolution Platform for resolving disputes out of court. Consumers can file a complaint at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage