These conditions are valid exclusively between the company Toshi s.r.l., with registered office in Via Nino Bixio, 18/1 - 16043 Chiavari (GE), CCIAA R.E.A. Genoa 444426, VAT number 01904280995, hereinafter referred to as "BEACH BREAK" and any person who makes online purchases on the website www.beachbreakshop.net, hereinafter referred to as "CLIENT". These conditions may be subject to changes and the date of their publication on the site is equivalent to the effective date.

These conditions govern purchases made on the www.beachbreakshop.net website, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 on e-commerce.

Subject of the contract

With these general conditions of sale, BEACH BREAK sells and the CLIENT remotely purchases the tangible movable goods indicated and offered for sale on the website www.beachbreakshop.net. The contract is concluded exclusively via the internet, by the CLIENT accessing the address www.beachbreakshop.net and placing a purchase order according to the procedure provided by the website itself.

The client undertakes to read, before confirming their order, these general conditions of sale, in particular the pre-contractual information provided by BEACH BREAK and to accept them by ticking the indicated box.

Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005

Before the conclusion of the purchase contract, the CLIENT examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the CLIENT's choice.

Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CLIENT is informed about:
- total price of the goods including taxes, with details of shipping costs and any other cost;
- payment methods;
- conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CLIENT will bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- after-sales assistance conditions and commercial guarantees provided by BEACH BREAK.

The CLIENT may at any time and in any case before the conclusion of the contract, become aware of the information relating to BEACH BREAK, the geographical address, telephone and fax number, and email address.

Conclusion and effectiveness of the contract

The sales contract is considered concluded with the sending by BEACH BREAK to the CLIENT of an order confirmation email. The email contains the CLIENT's data and the order number, the price of the purchased goods, shipping costs and the delivery address to which the goods will be sent and the link to print and archive a copy of these conditions.

The CLIENT undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to BEACH BREAK.

BEACH BREAK undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the real product may arise. Furthermore, the photographs of the products presented on www.beachbreakshop.net do not constitute a contractual element, as they are only representative.

Product availability

Product availability refers to actual availability at the time the CLIENT places the order. This availability must in any case be considered purely indicative because, due to the simultaneous presence of multiple users on the site, products could be sold to other CLIENTS before the order is confirmed.

Even after the order confirmation email sent by BEACH BREAK, cases of partial or total unavailability of the goods may occur. In this eventuality, the order will be automatically rectified with the elimination of the unavailable product and the CLIENT will be immediately informed via email.

Payment methods

Any payment by the CLIENT can only be made using the credit cards indicated on the site, with the Paypal payment method.

 

Communications relating to payment and data provided by the CLIENT when it is made take place on appropriate protected lines. The security of payment by Credit Card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.

Prices

All sales prices of products indicated on the website www.beachbreakshop.net are expressed in Euro and include VAT, and, where applicable, the WEEE contribution.

Shipping costs are not included in the purchase price, but are indicated and calculated at the time of completion of the purchase process before payment is made.

The CLIENT accepts the right of BEACH BREAK to modify its prices at any time, however, the goods will be invoiced based on the prices indicated on the site at the time of order creation and indicated in the confirmation email sent by BEACH BREAK to the CLIENT.

In the event of a computer, manual, technical, or any other type of error that may result in a substantial change, not foreseen by BEACH BREAK, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled, and the amount paid by the CLIENT will be refunded within 14 days from the day of cancellation.

Right of withdrawal

In accordance with the legal provisions in force, the CLIENT has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.

The CLIENT who intends to exercise the right of withdrawal must communicate it to BEACH BREAK through an explicit declaration, which can be sent by email to online@beachbreakshop.net

In case of exercising the right of withdrawal, the CLIENT is required to return the goods within 14 days from the day on which they communicated to BEACH BREAK their intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.

The goods must be returned to BEACH BREAK, Via dei Revello 29, 16043 Chiavari, Genoa, ITALY.

The direct costs of returning the products are borne by the CLIENT.

The goods must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment) and complete with the attached fiscal documentation. Subject to the right to verify compliance with the above, BEACH BREAK will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.

As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, BEACH BREAK may suspend the refund until receipt of the goods or until the CLIENT has demonstrated that they have returned the goods to BEACH BREAK.

The amount will be returned to the CLIENT with a purchase voucher identified by a promotional code that will be sent to the CLIENT's email address.
The purchase voucher will be valid for 3 months and can be used by the CLIENT for subsequent purchases in a single solution.

Legal guarantee of conformity

In case of receipt of products that do not conform to orders or are defective, the CLIENT has the right to have the product restored to conformity free of charge by repairing or replacing the product. The CLIENT can exercise this right if the defect appears within two years from the delivery of the goods and reports the defect to BEACH BREAK within two months of discovery.

Subsequently, the customer must proceed with the creation of an electronic return request by email to online@beachbreakshop.net. BEACH BREAK, in case of a defective or non-conforming product, will arrange, at its own expense, to collect the product, subject to the CLIENT's availability.

Delivery methods

BEACH BREAK ships its goods all over the world. Products will be delivered by express courier to the address indicated by the CLIENT at the time of order within and no later than 30 days from the date of receipt by the CLIENT of the order confirmation email sent by BEACH BREAK.

Responsibility

BEACH BREAK assumes no responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if due to malfunctions and disruptions of the internet, in the event that it is unable to execute the order within the times provided by the contract.

Website access

The CLIENT has the right to access the site for consultation and purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of BEACH BREAK and are protected by intellectual property law.

Cookies

The website www.beachbreakshop.net uses ''cookies''. Cookies are electronic files that record information relating to the CLIENT's navigation on the site (pages visited, date and time of consultation, etc.) and that allow BEACH BREAK to offer a personalized service to its customers.

BEACH BREAK informs the Client of the possibility of deactivating the creation of these files by accessing their Internet configuration menu. It is understood that this will prevent the Client from proceeding with online purchases.

Integrality

These General Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

Applicable law and competent court

These General Conditions of Sale are subject to Italian law.

Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CLIENT, if located in the territory of the State.