Terms of sale

General provisions

These general conditions of sale (hereinafter also "CGV") govern the use of this website scoobafish.com and purchases of the items contained therein made by any natural person qualifying as a consumer (hereinafter the "Customer").

The Customer acknowledges that:

- the name Scoobafish is owned by Scoobafish di Maurizio Sergiusti with registered office in via San Filippo 1/c fraz. Berruiles 07051 Budoni (SS) Italy;
- the scoobafish.com website is owned by Scoobafish di Maurizio Sergiusti with registered office in via San Filippo 1/c fraz. Berruiles 07051 Budoni (SS) Italy;
- the seller of the Products, who is a contractual party with the Customer pursuant to these General Conditions of Sale (CGV), is Scoobafish di Maurizio Sergiusti. with registered office in via San Filippo 1/c fraz. Berruiles 07051 Budoni (SS) Italy;
- orders can only be placed by adults who are not legally incapacitated;
- the language in which the Contract is concluded is Italian. In case of conflict between the versions of the General Conditions prepared in a language other than Italian and accepted by the customer, the meaning and interpretation of the General Conditions in Italian prevail.

ARTICLE 1 - Object and conclusion of the contract

With these general conditions of sale, Scoobafish sells to the Customer, who purchases remotely, the Products offered for sale on the scoobafish.com website (the “Site”).

The contract is concluded exclusively through the internet, by accessing the Customer to the scoobafish.com website, with the sending of a purchase order according to the procedure provided by the site itself and its acceptance by Scoobafish. The purchase order sent by the Customer via the Site has the value of a contractual proposal and is governed by these general conditions of sale which the Customer himself is required to accept in full and without any reservations. To this end, the Customer, before proceeding with the conclusion of the order, undertakes to read these GCS and the pre-contractual information provided on the page.

The sales contract is concluded with Scoobafish sending the Customer an order confirmation email. The e-mail contains the Customer's data, the order number, the price of the goods purchased, shipping costs where applicable and the delivery address to which the goods will be sent.

The Customer undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to Scoobafish.

In the order confirmation email, the Customer will also receive the link to download and archive a copy of these general conditions of sale, as required by the art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.

ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005

Before concluding the purchase contract, the Customer examines the characteristics of the goods which are illustrated in the individual product sheets at the time of choice by the Customer. Before the conclusion of the purchase contract and before sending the order, the Customer is informed regarding:

1. identification of the seller;
2. total price of the goods including taxes, with details of shipping costs and any other costs;
3. payment methods;
4. the deadline within which Scoobafish undertakes to deliver the goods;
5. the 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;
6. existence of the legal guarantee of conformity for the purchased goods;
7. post-sales assistance conditions and commercial guarantees provided.

ARTICLE 3 - Availability of products

The availability of the products indicated on the site refers to the actual availability at the time the Customer places the order. This availability must however be considered indicative because, due to the simultaneous presence of multiple users on the Site, the Products could be sold to other Customers before the order is confirmed.

Where the products covered by the order are not available for reasons beyond the control of Scoobafish, the order will be automatically rectified with the elimination of the unavailable product.

ARTICLE 4 - Prices

All sales prices of the products indicated on the Site are expressed in local currency and include all taxes payable by the consumer.

For all orders, both those delivered in Italian territory and those delivered outside Italian territory, shipping of the products is free.

ARTICLE 5 - Payment methods

Scoobafish accepts various payment methods including, for example, credit card, debit card, PayPal and bank transfer.

In case of payment by credit or debit card, the order amount will only be charged when the order is complete and ready for shipment.

Communications relating to payment and the data communicated by the Customer when this is made take place on special protected lines. The security of payment by credit card is guaranteed through the SSL/TLS (Transport Layer Security) encrypted data transmission protocol.

For each order placed on the Site, upon payment, Scoobafish will issue a receipt for the goods shipped. This document will be sent to the Customer via e-mail.

ARTICLE 6 - Right of withdrawal

In accordance with the provisions in force, the Customer 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 Customer who intends to exercise the right of withdrawal must communicate this via an explicit declaration by completing the Return form downloadable here, drawn up in accordance with Annex I, part B of Legislative Decree 21/2014.

In case of exercising the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to the seller his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.

The goods must be returned to Scoobafish, returned intact, in their original packaging, complete in all its parts (including packaging material, documentation and accessory equipment) and complete with the attached tax documentation. The management of the return shipment of the products will be the responsibility of Scoobafish, which will book the collection of the goods at the customer's home.

Once the integrity of the returned work has been verified, Scoobafish will refund the amount of the products subject to the withdrawal within a maximum period of 14 days.

The Customer is responsible for the decrease in the value of the goods resulting from handling other than that strictly necessary to establish the nature and characteristics of the goods. Therefore, if the returned Products are damaged, the Customer will be liable for the decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product.

As required by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Scoobafish may suspend the reimbursement until receipt of the goods or until the Customer demonstrates that he has sent the goods back to the seller.

Scoobafish will carry out the refund using the same payment method chosen by the Customer during the purchase.

ARTICLE 7 – Damaged works

In the event that the products received are defective, please contact Scoobafish as soon as possible, attaching the photographs necessary to highlight the damaged parts. We invite you to carefully check for any damage on the package at the time of delivery and ask the recipient to sign the transport document with the wording "subject to reserve", specifying the details and extent of the damage found on the packaging.

If the work is damaged, it is possible to send it back. Scoobafish will examine it and where possible its professional restorers will restore it appropriately, at no additional cost to the Customer.

Please take note that if more than a week has passed since receipt of the work, complaints relating to damage to the products will not be accepted.

ARTICLE 8 - Legal guarantee of conformity

Pursuant to and for the purposes of the European Directive 44/99/EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from design and material defects as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer .

ARTICLE 9 - Responsibility

Scoobafish assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet network, in the event that it is unable to execute the order within the times established by these GCS.

Both in the case of exercising the right of withdrawal and in the case of exercising the right to guarantee conformity, in the event that the goods cannot be accepted by the seller because they do not have the requisites required to exercise the rights referred to in the articles 6 and 7 above, it is the Customer's burden and responsibility to recover the goods returned to his availability at his own expense. The Customer acknowledges and unconditionally accepts that Scoobafish, after 30 days from the communication of the making available to the Customer, may proceed with the disposal in accordance with the law of the goods not collected by the Customer.

ARTICLE 10 – Final clauses

The Products are sold with the characteristics described on the Site and according to the GCS published on the Site at the time the order is sent by the Customer, with the exclusion of any other condition or term.

Scoobafish reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply solely to concluded sales starting from that date.

The prices, the Products on sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order, the Consumer is invited to check the final sales price.

These General Conditions of Sale are made up 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 pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

ARTICLE 11 - Applicable law and competent court

These General Conditions of Sale are subject to Italian law. In any case, any rights attributed to consumers by mandatory provisions of law in force in the latter's State will be without prejudice.

Any dispute that cannot find an amicable solution will be subject to the non-exclusive jurisdiction of the Court of [[CITTÀ DELLA SEDE LEGALE]]. Furthermore, as a consumer, the Customer also has the right to appeal to the courts of the European Union Member State of residence or domicile.