Terms and conditions
The Buyer, from the moment he accesses and uses the site www.shoreactive.com, undertakes to respect the terms and conditions contained in this contract. For this reason, the Buyer is invited to carefully examine this document before proceeding with the purchase.
ART. 1 IDENTIFICATION OF THE SUPPLIER
The goods subject to these general conditions are offered for sale by the company / sole proprietorship Shore Active with registered office in 59-545 Akanoho PlaceHaleiva
96712 – Hawaii (US) registered EIN:93-4432917 below indicated as “Supplier” and owner of the site www.shoreactive.com
ART. 2 DEFINITIONS
The term “online sales contract” means the purchase and sale contract relating to the tangible movable property of the Supplier, entered into between them and the Buyer as part of a distance selling system through telematic tools, organized by the Supplier.
The expression “Purchaser” means the natural person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity that may be carried out.
The expression “Supplier” means the person indicated in the epigraph or the person who makes the sale online in the manner set out in this contract.
ART.3 OBJECT
The purpose of this contract is the purchase and sale of clothing, accessories, etc. chosen by the Buyer by electronic selection on the website www.shoreactive.com, in the methods and varieties proposed by the Supplier. The offer and sale on the Product Site constitute a distance contract.
The Supplier guarantees that products equal to those indicated and described on the website will be delivered. The responsibility of the manufacturer applies to all products sold. The images on the website are inserted to facilitate the recognition of the products; due to changes in the packaging by the manufacturer, the photos may not exactly reflect the appearance of the product delivered.
ART. 4 NEWSLETTER AND COMMUNICATIONS
If the user wishes to receive, via e-mail, the newsletter of the website www.shoreactive.com, or communications relating to the announcements present on a specific date on the portal itself, he must expressly authorize the sending of e-mails by the website , as well as has the burden of authorizing the processing of their data.
ART. 5 SUSPENSION OF THE SERVICE AND TERMINATION
Access to the services on the website, as well as to the related website www.shoreactive.com , can be suspended, limited or interrupted at any time. The website reserves the right to block access to any material and / or to remove any material that, at reasonable and unquestionable judgment of the owner of the website, may give rise to violations of the purposes and conditions relating to the services offered from the website itself. The website owner reserves the right to close the account of any user-consumer who violates the terms and conditions of use expressed in this document.
ART. 6 PRICES
The prices of the products sold by the Supplier are indicated on the website and are inclusive of VAT. Shipping costs must be added to the product price, the amount of which varies according to the requested delivery method, in addition to the customs duties where due. If a price has been published in error or incorrectly, the Supplier reserves the right to renounce the sale.
ART. 7 METHOD OF ENTERED INTO THE CONTRACT
The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address
www.shoreactive.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods.
All products offered for sale on the www.shoreactive.com site are present at the Supplier. However, the effective availability of each product cannot be guaranteed, as multiple users may purchase it at the same time. The company firm Shore Active is not responsible for any type of malfunction dependent on the operator of the data transmission network (user-buyer service provider). The language available to conclude the contract is English.
a) USER REGISTRATION AND ACCOUNT
To make a purchase you need to register, the User must provide his name, surname, postal code, e-mail address. Further personal data are purely optional. During the registration procedure, the User must also provide a password, which he undertakes to keep confidential. The user-consumer, with the registration itself, exonerates the owner of the website from any liability deriving from improper use of the password itself, by third parties who have come to know, in any way, of the referable password the user-consumer.
All accounts must be registered with a valid e-mail address and referable to the user-Buyer who uses it.
Following registration, the site www.shoreactive.com is entitled to send the user-buyer e-mails with administrative and promotional content, information relating to the account activity and purchases, updates about the website and related services, other promotional offers, information on purchases made by the user-consumer himself. The user-purchaser can at any time opt not to want to receive promotional e-mails anymore by clicking on the “unsubscribe” link at the bottom of the e-mails having promotional content.
The owner of the site reserves the right to reject a new registration, or to cancel an account, at any time.
The user-buyer guarantees that all data and information provided at the time of registration, and contained in the personal account, are true and complete. The user-Buyer also undertakes to promptly communicate any variation of the aforementioned data and information, providing for the updating of the same within his account.
The User-Purchaser undertakes not to provide false or false data, including false names, addresses and contacts, as well as undertakes not to fraudulently use credit or debit card numbers, not to attempt to circumvent the security measures of the website. www.shoreactive.com or to violate the network, use the site’s services for purposes unrelated to commercial transactions, undertake any illegal activity in connection with the use of the site and / or the services offered by the site itself.
b) ORDER OF PRODUCTS
Only after registration, the Buyer can fill in and send the order form in electronic format to the Supplier, following the instructions contained on the website and illustrated below.
The Purchaser must put the Product in the appropriate “cart” and, after having read the General Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal and the Privacy Policy, must select the desired payment method and choose the “place order” option.
Before submitting your purchase order, the Purchaser will have the opportunity to correct any errors in entering data by following the appropriate modification procedure contained on the Site. In particular, the Purchaser has the right to modify the quantity of Products that intends to purchase, adding or removing one or more Products from the “cart”. The order becomes irrevocable once sent to Shore Active through the website www.shoreactive.com.
By sending the order, the Buyer acknowledges and declares that he has read all the information provided during the purchase procedure and fully accepts the General Conditions, the right of withdrawal and the Privacy Policy.
The Supplier reserves the right to evaluate the acceptance of orders received. Shore Active will communicate to the Purchaser the possible impossibility of accepting orders received within 14 days from the day following that in which the Purchaser has sent the order. In case of refusal, the Supplier will reimburse any sums already paid by the Buyer for the payment of the supply.
The conclusion of the contract is subject to the payment by the Purchaser of the full amount through one of the permitted payment methods.
c) METHOD OF PAYMENT
The Purchaser can pay the price of the Products and the related delivery costs by the following means:
– CREDIT CARD (Visa, Mastercard..) through the PayPal circuit or Stripe
– PAYPAL (through the PayPal circuit, through your PayPal account or with your credit card (Visa,Mastercard..)
www.shoreactive.com does not collect nor can see any sensitive data relating to the credit card inserted.
The transaction will be charged to the Buyer’s credit card only after that
a) the credit card details have been verified
b) the debit authorization has been received from the credit card company
c) the availability of the product has been confirmed by Shore Active
In no case Shore Active can be held responsible for any fraudulent and undue use of the credit card by third parties, when paying for the products.
The shipment of the purchased products will only take place with an accredited payment. Failure to comply with the 3-day deadline implies the cancellation of the order.
In the event that, for any reason, the debit of the amounts due by the Purchaser proves impossible, the sales process is automatically canceled and the sale automatically canceled.
d) ORDER CONFIRMATION
By e-mail, the confirmation of receipt of the sent purchase order, containing a summary of the General Conditions, the essential characteristics of the product ordered, its price, the amount paid , of the existence of the right of withdrawal – with an indication of the times and methods for returning the goods – of the geographical address to present any complaints and information on assistance services and existing commercial guarantees.
e) TRANSPORT AND DELIVERY
Courier service
Shore Active ships throughout US and Australia with UPSP to the shipping address indicated by the Purchaser or in the absence of a different indication to the residential address shown on his / her account.
Shipping Times
The products purchased on www.shoreactive.com will normally be delivered within 5/7 days (except for smaller islands and disadvantaged areas) from receipt and payment of the order. Orders received and paid by 1:00 PM will be processed and shipped on the same day (excluding Saturdays, Sundays and holidays); after this deadline, evasion and shipment will be guaranteed within the next working day. It is not possible to provide guarantees regarding delivery times, as there are many variables that also affect not attributable to Shore Active (e.g. strikes, weather events, special holidays, etc.) excluding any possibility of compensation for damages by the Buyer.
Delivery
It is the responsibility of the Purchaser to always check the status of his / her package (s) on delivery based on the number of packages indicated on the delivery note. Any reservations or complaints must be addressed to info@shoreactive.com within the terms established in point 9 Right of withdrawal.
Shipping cost
US: free with expenses over $ 150.00 otherwise $ 11.00
Hawaii: free with expenses over $ 150.00 otherwise $ 8.00
Australia: free with expenses over $ 150.00 otherwise $ 25.00
In any case, the Purchaser will have to provide for customs clearance of imports and to pay duties and taxes other than VAT possibly due to the importing country including any other expenses or costs.
The identification of the goods and the relative transfer of ownership take place when the goods are remitted to the courier. With this act, the delivery obligation imposed on the Supplier will also be considered fulfilled. The Buyer, upon collection, is required to verify the integrity and quantity of the goods in the presence of the person in charge of delivery. If the package shows alterations in its packaging or evident tampering, the buyer is asked to reject the sender without accepting the withdrawal and immediately notify the Supplier by e-mail to info@shoreactive.com, who will provide, in the shortest possible time and in agreement with the purchaser to resolve the problem (e.g. product replacement, partial or total refund in any case within the maximum limit of what is exclusively paid by the Purchaser and always only to the person who made the payment even in the event of gift to third persons.
If instead he decides to accept, despite the alterations or tampering, the withdrawal without reservation, the buyer will bear all the risks and consequences of damage or shortages by relieving both the courier and the Supplier from any liability, losing any right of replacement or refund.
ART. 8 PURCHASE CONTRACTS ENTERED INTO FOR MINORS
The purchase through the site can only be made by adults. By making the purchase on the website www.shoreactive.com and declaring to have read and accepted the conditions of sale, the Purchaser therefore automatically declares to be of age. However, if access by a minor occurs, those who exercise parental responsibility on the same will be directly responsible for what has been purchased.
ART. 9 RIGHT OF WITHDRAWAL
Purchases on the site are subject to the discipline the matter of distance contracts, as these purchases are completed outside the business premises.The Buyer has the right to withdraw from the contract within 14 working days of receipt of the goods, returning the goods subject to withdrawal to the Supplier, who will refund the price of the returned goods or will replace the same with an asset of the same amount, if the purchased or desired asset is not available, upon request and authorization. The right of withdrawal does not apply to products delivered sealed, which have been opened by the Buyer. To exercise this right it is necessary to have, in addition to the purchase invoice, the article code (s) of the products and the bank details on which to obtain the transfer.
The communication can be sent in advance by e-mail to info@shoreactive.com:
a) the expression of desire to exercise the right of withdrawal;
b) the indication of the Products for which the Buyer wishes to exercise the right of withdrawal;
c) the progressive order number issued at the time of purchase;
d) data relating to the Buyer’s bank account, only if the Buyer has made the payment by bank transfer.
The goods must be returned intact, in unaltered conditions and complete with the original packaging, at the expense of the Buyer no later than 15 days from the Notice of withdrawal. The return of the goods is entirely the responsibility of the Buyer. The Purchaser is responsible for the packaging of the goods he intends to return and undertakes to take all the precautions required in order to safeguard the goods from any damage or alteration. The Supplier will re-credit the amounts paid within a maximum of 30 days from the date on which it became aware of the exercise of the right of withdrawal by the Buyer and in any case not before having received the return shipment and checked the status of goods subject to withdrawal. The costs and risks associated with returning the products will be borne by the Buyer.
In the case of goods deemed defective, the Purchaser must inform the Supplier by e-mail at the e-mail address info@shoreactive.com, to agree on how to replace the goods or re-credit the sum. If it concerns promotional products for which the offer has ended, or products present only temporarily on the site, it is not possible to guarantee the availability of the product for replacement. However, the Supplier will agree on the most appropriate solution with the Buyer.
ART. 10 DIFFERENCE BETWEEN THE RIGHT OF WITHDRAWAL AND A REQUEST FOR CANCELLATION OF THE ORDER
The purchase order can be canceled in full if, at the time of the cancellation request, the shipment of the product is still being prepared and, in any case, if the amount has not yet been collected; in this case no cost will be charged to the customer.
If at the time of the request to cancel the purchase order the product has already been entrusted to the courier or, in any case, the amount has been collected, the Purchaser must exercise the right of withdrawal and return the goods to Shore Active.
ART. 11 DEFECTS OF CONFORMITY
In the event of conformity defects of Products sold on website, the Purchaser must immediately send the relevant communication to the email address info@shoreactive.com.
ART. 12 ERRORS
The information relating to the Products provided on the Site is constantly updated. However, the complete absence of errors cannot be guaranteed.
Shore Active reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior communication
ART. 13 LIABILITY
The Supplier assumes no responsibility for any disservices attributable to causes of force majeure and other events that prevent, in whole or in part, from executing the contract within the agreed times. The Supplier will not be liable for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, having the Purchaser entitled only to the refund of the price paid.
Without prejudice to the cases of willful misconduct or gross negligence of the Supplier, it is agreed from now on that, if the responsibility of the same for any reason towards the Purchaser was ascertained, including the case of total or partial non-fulfillment of the obligations assumed by the Supplier towards the Purchaser due to the execution of an order, the Supplier’s liability cannot be higher than the price of the Products purchased by the Purchaser and for which the dispute arose.
ART. 14 LIABILITY OF THE PURCHASER
The Purchaser is required to ensure that the data entered is true, complete, updated and to promptly communicate any changes thereto. The Supplier reserves the right to remove these subjects from their user lists, after a formal and unsuccessful invitation to self-correction.
Once the online purchase procedure is concluded, the Purchaser undertakes to print and keep this contract.
ART. 15 LIABILITY OF AUXILIARY THIRD PARTIES
Shore Active is in no way responsible for the work of third parties who, as independent auxiliaries, intervene in the management or execution of payment operations, delivery of goods and any other operation relating to the execution of contracts concluded on the site www.shoreactive.com.
ART. 16 REGULATORY REFERENCE
In general, although not expressly provided for in this contract, the legal provisions on distance contracts in force in the Supplier’s State apply.
ART. 17 PRIVACY
The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation.
The personal and fiscal personal data acquired by the Supplier, the data controller, are collected and processed in paper, IT, telematic form, in order to record the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships.
The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data may be presented only upon request of the judicial authority or other authorities authorized by law.
Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
The Buyer enjoys the rights to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser may address, at the email address info@shoreactive.com, any request.
ART. 18 CONTACTS
For further information or complaint, please write to the following email address: