Terms and Conditions - EU
Terms and Conditions for the Online Sale of Goods and Services (European Union)
Scope of application. This Appendix contains the Terms and Conditions that apply to the business-to-consumer purchase and sale of products and services through www.iamtheocean.com (the “Site”) by and between “I Am The Ocean LLC”, a Delaware limited liability company with business headquarters at 5944 Coral Ridge Drive, Suite 512, Coral Springs, FL 33076, United States, e-mail email@example.com (referred to as “Us”, “We”, or “Our” as the context may require) in the version as published on the site at the time of placing the purchase order, and a consumer whose place of residence or domicile is located in the territory of a members State of the European Union (referred to as “You” or “Your” as the context may require).
All matters not covered by this Appendix are governed by the Terms and Conditions for the online sale of goods and services (United States). In case of conflict, the Terms and Conditions of this Appendix shall prevail.
We invite You to carefully review these Terms and Conditions as well as any Special Conditions listed on the Product page and to print them or in any case to keep a copy thereof before proceeding with any purchase. On the following page, however, it is possible to consult at any time Terms and Conditions applicable on the date of the Order (as defined below) and to download them using the relative browser command. In any case, We will send You a copy of the Order with all the necessary information and a copy of the Terms and Conditions of Sale also by e-mail. The documents can easily be printed or saved using the functions made available by normal e-mail programs.
The graphic representation of the Products displayed on the Site is purely indicative and might be different from reality; therefore, You must rely on the description of the Product and on the characteristics of the same shown in the Product Page.
Shipments; Delivery; Title and Risk of Loss. Title and risk of loss pass to You upon material delivery of the goods to You or to third party designated by You, other than the carrier.
Cancellation of the Order. Before shipping the Products, You have the right to cancel the Order by accessing Your personal page. After the shipment of the Products, cancellation or modification of the Order are expressly excluded. However, You have the right to withdraw from the contract and return the Products already shipped pursuant to the withdrawal clause hereinafter.
Delivery of the goods. At the time of delivery, You (or Your delegate) are required to verify the following:
- that the number of packages delivered corresponds to the number indicated on the delivery/shipment document;
- that the packaging and its seals are intact, not damaged, not wet or altered in any way. You are required to immediately notify in writing on the courier’s delivery document any damage to the packaging and/or the Product or the mismatch in the number of packages or indications. Once the courier's document has been signed without You or Your delegate having raised any objections, You will not be entitled to make any objections in this regard, without prejudice to the provisions regarding the warranty conformity referred to in art. 6 of the “Terms and Conditions for the online sale of goods and services (United States)”.
Right of Withdrawal. You have the right to withdraw from the contract and return any and all products for a refund of Your purchase price, provided You notify us by e-mail to: firstname.lastname@example.org of Your decision to withdraw within fourteen (14) days of material delivery of the products to Your address. Upon receipt of Your notification that You are exercising the right of withdrawal, we will send You an e-mail confirming receipt of the notice of withdrawal. Within 3 (three) working days from receipt of the notice of withdrawal, You will receive a number/code that will identify the file and an indication of the address to which to return the products. Within 14 (fourteen) days of receipt of the e-mail assigning the number/code, You are required to send the carefully packed Product to the address indicated in the same email, and Your care and expense, showing the assigned number/code.
The Products must be returned intact, unused, undamaged, in their original packaging and complete with all the accessories and elements present in the original packaging (e.g. accessories, cables, instruction manuals, etc.). The costs of returning the Product will be borne by the Customer. In any case, the Customer will not have to incur any costs or penalties as a result of exercising the right of withdrawal.
The right of withdrawal does not apply to Products that do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery and to Products made to measure or clearly personalised.
Upon receipt of a notice of withdrawal within 14 (fourteen) days and in compliance with the other conditions indicated in the previous articles, we shall reimburse the amounts paid for the purchase, including delivery costs, using the same means of payment used by You for the purchase of the Products, unless otherwise expressly requested by You.
You have the right to receive a refund within 14 (fourteen) days of Us receiving the notice of withdrawal. However, We reserve the right to withhold the refund until we have received the Products or until You have delivered proof that You has returned the aforementioned Products, depending on which situation occurs first.
Governing Law. All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. In case of conflict with the national legislation of the EU Member State in which the consumer is resident or domiciled, implementing the EU Directives on business-to-consumer sale of goods (such as Directive 2011/83/EU of 25 October 2011 on consumer rights, Directive 2019/771/EU of 20 May 2019 on certain aspects concerning contracts for the sale of goods, etc.) the EU rules shall prevail.
Dispute Resolution. Jurisdiction. For any dispute or controversy arising out of or in connection with Your purchase of products and services through the Site, including those concerning its validity, interpretation, performance and termination, the Courts of the place of residency or domicile of the consumer shall have exclusive and non-derogable jurisdiction.
- Complaints and Online Platform for Alternative Dispute Resolution (ODR). You are hereby informed that pursuant to EU Regulation no. 524/2013 the European Commission has established an online platform for the resolution of ODR disputes ("online dispute resolution") deriving from the online purchase of goods, accessible via this LINK: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show