Terms and conditions of Sale

  • 1. Subject
  • 1.1. The present general terms and conditions of sale apply to the purchase of "Riva" branded products (hereinafter the "Products") made through the e-commerce site www.riva-yacht.com (hereinafter the "Site") by users classified as "Consumers" pursuant to the following article 1.2. The Site, owned by Ferretti S.p.A., with its registered office in Cattolica, Via Irma Bandiera, 62, tax ID code and VAT number 04485970968 and registration number at the Register of Companies of Rimini 296608 (hereinafter the "Owner"), is managed by Triboo Digitale S.r.l. - a Triboo group Company - with its registered office at Viale Sarca 336, 20126 Milan, Italy, tax ID code, VAT number and registration number at the Milan Register of Companies 02912880966 (hereinafter "TRIBOO DIGITALE").
    An exception to this are the "on-demand" products, which are managed by Ferretti S.p.A.
  • 1.2. TRIBOO DIGITALE is responsible for the sale of the Products through the Site on behalf of the Owner. Purchases of Products through the Site will involve the parties TRIBOO DIGITALE, as the seller (hereinafter the "Seller"), and the party which purchases one or more Products for purposes not related to his/her own entrepreneurial, commercial, handicraft or professional business, as the purchaser (hereinafter the "Consumer"), (the Seller and the Consumer will collectively be referred to hereinafter as the "Parties").
  • 1.3. The Owner is not party to these general conditions of sale, but the owner of the rights to the Site's domain name, of the logos and trademarks relating to the products presented on the Site, and of the copyright on the contents of the site.
  • 1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, inquiries concerning the purchase and/or delivery of the Products, exercising withdrawal rights, etc. - should be sent to the Seller through the contact form.
  • 1.5. Every purchase is governed by the general terms and conditions of sale in the version published on the Site at the time of transmission of the order by the Consumer.
  • 1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Any parties who are not consumers are invited not to execute orders for purchases. If one or more sales are made to a party that cannot be classified as a Consumer, these general terms and conditions of sale will be applied but, notwithstanding the provisions hereof:
    a) the purchaser will not be given the right of withdrawal referred to in article 10;
    b) the purchaser shall not have the benefit of the guarantee on the Products referred to in article 8;
    c) the purchaser will not be given any other safeguards, envisaged herein in favour of the Consumer, that reflect or comply with mandatory provisions of law;
    d) the sales contract executed between the Seller and the purchaser will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
  • 1.7. The Consumer agrees that, when the purchase order is transmitted, a confirmation email of the information relating to the order and these general terms and conditions of sale is sent to the address given by said Consumer during his/her registration on the Site or during the purchasing process.
  • 1.8. To be able to make purchases through the Site, the Consumer must be of age (18 years old) and have the ability to act, that the Consumer states he/she has.
  • 1.9. Any costs to connect to the Site over the Internet, including any telephone costs, based on the tariffs applied by the operator selected by the Consumer, are the sole responsibility of the Consumer.
  • 2. Product characteristics and their availability in different geographical areas
  • 2.1. The products are sold with the characteristics described on the Site and in accordance with the general terms and conditions of sale published on the Site at the time the order is submitted by the Consumer, with the exclusion of any other terms or conditions.
  • 2.2. The Seller reserves the right to modify these general terms and conditions of sale at any time, at its sole discretion, without the need to give any prior notice to Site users. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded as from that date.
  • 2.3. The prices, the Products for sale on the Site and/or the characteristics thereof, are subject to change without notice. Before sending the purchase order pursuant to paragraph 3 below, the Consumer is asked to check the final sale price.
  • 2.4. The Site can be accessed from all over the world. However, the Products available on the Site can be purchased exclusively by users who request delivery in one of the Countries that are indicated on the Site.
  • 3. How to purchase the Products - Execution of each individual purchase agreement
  • 3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the consumer to make a contractual offer of purchase and not an offer to the public.
  • 3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the status of a contractual offer and is governed by these general terms and conditions of sale, which constitute an integral part of the order and which the Consumer, through the transmission of the order to the Seller is obliged to accept fully and without reservation. Before purchasing the Products, by submitting the purchase order, the Consumer will be asked to carefully read these general terms and conditions of sale and the information on the right of withdrawal, print a copy using the print command and save or reproduce a copy for his/her own personal use. In addition, the Consumer will be asked to identify and correct any errors in his/her personal information.
  • 3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer an email confirmation of the order, to the email address provided by the Consumer to the Seller at the time of registration on the Site or of transmission of the order if the Consumer is not registered with the Site, and which will contain a link to the text of these general terms and conditions of sale, a summary of the order placed and a description of the characteristics of the Product ordered. The Consumer's order, the Seller's order confirmation and the general terms and conditions of sale applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending a request through the contact form.
  • 3.4. Each purchase agreement for Products shall be deemed finalised when the Consumer receives the order confirmation from the Seller by email.
  • 4. Process for selecting and purchasing Products
  • 4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the online shopping basket. After selecting the Products, in order to complete the purchase of the items in the shopping basket, the Consumer will be invited to (i) register with the Site, by providing the requested information, or (ii) sign in, if the Consumer is already registered or (iii) provide his/her details in order to complete the order and allow the Agreement to be executed. If the information specified in the order is different to that provided during registration with the Site, the Consumer will be prompted to confirm his/her personal details (including but not limited to: name, surname, etc.), as well as the delivery address where the selected Products should be delivered, the billing address and, optionally, a telephone number where he/she can be contacted for any communications relating to the purchase. The Consumer will display a summary of the order to be executed, which he/she may modify the contents of: then, after careful reading, the Consumer must expressly approve these general terms and conditions of sale, using the specific check-box present on the Site and finally, using the "Submit order" key, the Consumer will be prompted to confirm the order, which will then be definitively sent to the Seller and will produce the effects described under paragraph 3.2 of this agreement. The Consumer will also be asked to choose the method of delivery and the method of payment among those available. If the Consumer chooses the immediate payment method (at the same time as the purchase) by credit card, PayPal, he/she will be asked to provide the relevant details over a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details provided by the Consumer. If payment is made by credit card, the purchase amount will only be charged at the time of transmission of the order confirmation by the Seller to the Consumer.
  • 5. Delivery of goods and acceptance
  • 5.1. The site indicates Product availability and delivery times, however, such information is to be considered purely indicative and not binding on the Seller.
  • 5.2 The Seller undertakes to do everything in their power to comply with the delivery times indicated on the Site and in any case to deliver within a maximum of 30 (thirty) days as from the day after the one when the Consumer sends the order. In case of non-performance of the order by the Seller, due to unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product pursuant to paragraph 5.3. below. If the Consumer has chosen to make payment by bank transfer, the delivery period shall run from receipt of the payment by the Seller.
  • 5.3. Delivery of the Products ordered by the Consumer will take place using the method chosen by the Consumer, among those available and indicated on the Site at the time of submitting the order. The Consumer agrees to promptly check, in the shortest possible time, that the delivery includes all and only the products purchased and to promptly inform the Seller of any defects in the received products or any differences with respect to the order placed, in accordance with the procedure described in article 8 of these general terms and conditions of sale, failing which the products shall be deemed to be accepted. If the packaging or wrapping of the products ordered by the Consumer should arrive at destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/forwarding agent or to accept it as a "conditional delivery".
  • 6. Prices, delivery costs, duties and taxes
  • 6.1. The price of the products is the one indicated on the Site at the time of the order being submitted by the Consumer. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include delivery costs that are calculated before the order confirmation is sent by the Seller to the Consumer and which the Consumer undertakes to pay the Seller in addition to the price shown on the Site.
  • 6.2. The Consumer will pay the Seller the total price, as shown in the order and in the order confirmation sent by email to the Consumer by the Seller.
  • 6.3. If the Products are to be delivered in a country that is not part of the European Union, the total price indicated in the order and reiterated in the order confirmation, inclusive of indirect taxes (if applicable) is net of any customs duties or any other tax on sales, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of law of the country where the products will be delivered. The Consumer is invited to consult the competent bodies of his/her country of residence or of destination of the products, in order to obtain information on any duties or taxes applicable in his/her country of residence or of destination of the products.
  • 6.4. Any possible further costs, charges, taxes and/or dues that a given country may apply, for any reason, on the Products ordered according to these general terms and conditions of sale, are the exclusive responsibility of the Consumer.
  • 6.5. The Consumer states that a lack of knowledge of the costs, charges, duties, taxes and/or dues referred to in the preceding paragraphs 6.3. and 6.4., at the time of sending an order to the Seller, shall not constitute grounds for termination of this agreement and that he/she shall not in any way charge these costs to the Seller.
  • 7. Payments
  • 7.1. Payment of the price of Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation by the Seller to the Consumer. The Consumer expressly agrees that performance of the agreement by the Seller will begin when the price of the purchased product/s is credited to the Seller's current account.
  • 7.2. Payment can be made by credit card or PayPal, subject to the conditions described below.
  • 7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and his/her credit card information will be communicated directly to Banca Sella SpA with its registered office at Biella (Italy), Piazza Gaudenzio Sella, 1 - 13900 Biella, registered with the C.C.I.A.A. [Chamber of Commerce] of Biella Vat number 02224410023, the operator who handles payments on behalf of the Seller. The transmitted information will be sent in secure mode, by encrypted data transfer with 128-bit SSL (SecureSocketLayer) system. This information is not accessible even to the Seller.
  • 7.5. If required by applicable law, the Seller shall promptly send the Consumer an official tax receipt for the purchase in electronic format, by email to the address stated by same, if the purchased Products are to be delivered in Italy, or enclosed as a hard copy with the purchased Products, in all other cases.
  • 8. Seller's legal guarantee of compliance, reporting of compliance defects and interventions under warranty
  • 8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Consumer, for a period of 2 (two) years from the date of delivery of the Products to the Consumer, that the Products will be free of design and material defects and comply with the descriptions published on the Site. The application of any guarantee is excluded in case of use or washing of the Product that does not comply with the right sort for the Product and the instructions/warnings provided on this subject by the Seller and/or the Owner, or as shown in the reference illustrative documentation, tags or labels.
  • 8.2. Under penalty of cancellation of this warranty, it is the Consumer's responsibility to report any defects and non-conformity within and no later than 2 (two) months after discovery, by transmitting an indication of the defect and/or non-conformity found through the Customer Care form, together with the relevant documentation (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the official tax receipt).
  • 8.3. Following receipt of the form and the relevant documentation, the Seller will assess the defects and non-conformity reported by the Consumer through the Owner's customer service and, after having carried out quality controls designed to check the Product's effective non-conformity, will decide whether to authorise the return of the Products providing the Consumer with feedback, containing a "Return Code", by email to the address provided by the latter during the registration process on the Site or during the order transmission process. An authorisation to return Products shall not in any way constitute recognition of defects or non-conformity, the existence of which must be ascertained after return thereof. The Products for which the Seller has authorised the return, must be returned by the Consumer, together with a copy of the notice authorising their return and bearing the "Return Code", within 30 (thirty) days after reporting the defect or non-conformity, to the following address: TRIBOO DIGITALE S.r.l., c/o Arvato, Via Lombardia 21, c.a.p. 24060 Telgate (BG) - Italy.
  • 8.4. If the Seller is obliged to refund the price paid to the Consumer, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the Consumer's responsibility to inform the Seller of the bank details to make the transfer in his/her favour and to ensure that the Seller is put in a position to be able to return the amount due.
  • 9. Liability for damage caused by defective products
  • 9.1. As regards any damage caused by defective Products, the provisions laid down in European directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) shall apply. The Seller, in its capacity as the distributor of the products through the Site, is freed of all liability, none excluded and/or excepted, by indicating the name of the relevant Producer of the product.
  • 10. Right of withdrawal
  • 10.1 The consumer is entitled to withdraw from any agreement entered into pursuant to these general terms and conditions of sale, without penalty, within 14 (fourteen) days of (i) the product being delivered or (ii) in the event of purchase of several products delivered separately with a single order, the last product being delivered.
  • 10.2 To exercise the right of withdrawal, the Consumer must inform Triboo Digitale, before the end of the period referred to in paragraph 10.1, of its decision by accessing the "My returns" page from My Account and entering the number of the order and email with which he/she made the purchase. Alternatively, the Consumer may send an explicit statement to Triboo Digitale using the contact form of its decision to withdraw. 10.3 Following what is envisaged in point 10.2 the Consumer will receive a confirmation email of his/her withdrawal containing the return form to be included in the package, and instructions on returning the product, to be sent within and no later than the next 14 days to:
    Triboo Digitale c/o Arvato
    Via Lombardia 21
    24060 Telgate (BG) - ITALY
  • 10.4 If the Consumer has received the product, he/she is obliged to return it to Triboo Digitale without undue delay and in any case within 14 days of the day on which he/she notified his/her withdrawal. This term is complied with if the goods are returned before the expiry of the 14 days. The direct risks and costs of returning the goods shall be borne by the Consumer. If he/she exercises his/her withdrawal through the site, before confirming the request to withdraw the cost for the return of the goods will be indicated, if he/she wants to use the return service offered by the site.
  • 10.5 If he/she withdraws he/she will be refunded for all payments made, including delivery costs (with the exception of any additional costs arising from a choice of a different type of delivery to the less expensive standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the right of withdrawal is exercised. Such refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund by a different means of payment, in which case the Consumer will pay any additional costs as a result of the different means of payment. The refund may be suspended until the goods have been received or until the Consumer has demonstrated that he/she has sent back the goods, whichever is earlier.
  • 10.6 The Consumer is responsible for any diminished value of the goods as a result of handling other than what is strictly necessary to establish the nature, characteristics and operation of the goods. Therefore, if the returned goods are found to be damaged (for example with signs of wear, abrasion, scuffing, scratching, deformation, etc.), not complete with all their elements and accessories (including unaltered labels and tags, attached to the product), not complete with enclosed instructions/notes/manuals, their original boxes and packaging and the certificate of guarantee, where present, the Consumer will be responsible for any capital loss in the value of the goods and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is asked not to handle the goods more than is strictly necessary to determine the nature, characteristics and operation thereof and to cover the original packaging of the Products with other protective packaging to preserve its integrity and protect it during transport including from writing or labels.
  • 11. Intellectual property rights
  • 11.1. The Consumer states he/she is aware that all trademarks, names, as well as any distinctive sign, brand name, image, photo, written text or chart used on the Site or in relation to the Products are and shall remain the exclusive property of Ferretti S.p.A. and/or its assignees, without the fact of accessing the Site and/or purchasing Products giving rise to any rights thereon for the Consumer.
  • 11.2. The contents of the Site may not be reproduced, either entirely or partially, transferred using electronic or conventional means, modified, or used for any purpose without the prior written consent of Ferretti S.p.A.
  • 12. Consumer information and privacy policy
  • 12.1. To complete the registration process, place an order and therefore execute this agreement the Consumer is asked for some personal information through the Site. The Consumer acknowledges that the personal information provided will be recorded and used by the Seller and by Ferretti S.p.A., in accordance and in compliance with the rules laid down in Italian law Legislative Decree no. 196/2003 as amended - the Privacy Code, to execute each purchase made through the Site and, with his/her consent, for any additional activities as indicated in the relevant privacy policy supplied to the Consumer through the Site at the time of registration.
  • 12.2. The Consumer represents and warrants that the information provided to the Seller during the registration process and purchase is correct and truthful.
  • 12.3. The Consumer may at any time update and/or amend his/her personal information provided to the Seller through the appropriate "My Account" section of the site which can be accessed after authentication.
  • 12.4. For further information on how we treat Consumers' personal information, please go to the Privacy Policy section and also carefully read the General Terms and Conditions of Use.
  • 13. Safety
  • 13.1. Although the Seller takes steps to protect personal information against loss, falsification, manipulation and unauthorised use by third parties, on account of the characteristics and technical limitations relating to the protection of electronic communications over the Internet, the Seller cannot guarantee that any information or data viewed by the Consumer on the Site, including after the Consumer has gone through the authentication (login) process, is not accessible or visible by unauthorised third parties.
  • 13.2. The Seller, as to the information relating to payments by credit card makes use of the services of the company Banca Sella which uses technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information over the web.
  • 14. Applicable law, attempt at conciliation and jurisdiction
  • 14.1. Every sale agreement entered into by the Seller and Consumers pursuant to these general terms and conditions of sale shall be governed by and construed in accordance with Italian law and in particular Legislative Decree no. 206 of 6 September 2005, on the consumer code, with specific reference to the rules on distance agreements and Legislative Decree no. 70 of 9 April 2003, on certain aspects of electronic commerce. In any case, they will be executed without prejudice to any rights granted to Consumers by mandatory provisions of law in force in the latter's country.
  • 14.2. In the event of any disputes between the Seller and a Consumer, we hereby guarantee our participation in an attempt at friendly conciliation that every Consumer can bring before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached with the help of a neutral and competent conciliator, in a friendly and safe manner over the internet. For further information on RisolviOnline's regulations or to send a request for conciliation go to www.risolvionline.com.
  • 14.3 If the attempt at conciliation referred to in the previous paragraph 14.2 is not accepted, or such attempt should have a negative outcome, the dispute shall be referred exclusively to the Court of Milan, except in cases where this provision does not apply because of mandatory law in force in the Consumer's country of residence.