Terms of sale

Table of contents
  1. Terms
  2. Commercial policy
  3. Conclusion of the contract with the seller
  4. Guarantees and indication of product prices
  5. Price: method and terms of payment
  6. Shipping and delivery of products
  7. Costumer assistance
  8. Right of withdrawal
  9. Refund times and methods
  10. Events beyond seller's control
  11. Privacy
  12. Applicable law and dispute resolution
  13. Modification and updates
  14. Company Details

Terms

Welcome to SharkBay.shop!

The offer and sale of Products on the Site are governed by these General Conditions of Sale.
The Products purchased on the Site are sold directly by the company Adswaves ltd ("the Seller"), with registered office in Malta, Office 77 Fawwara Lane – Bloc De Tigné,
5th Floor.
Sliema, SLM 1640, Malta,

You can request any information through our assistance services by accessing the Contact Section.
Remember that you can always contact the Seller, by e-mail at the following e-mail address: info@sharkbay.shop
For any other legal information, consult the sections: General Conditions of Use, Privacy Policy and Right of Withdrawal.

Commercial policy

1.1 The Seller offers the Products for sale on the Site and carries out its e- commerce activity exclusively towards its end users who are "consumers".

1.2 When we speak of "consumer" we refer to any person who acts on the Site for purposes not related to his own commercial, business or professional activity, possibly carried out. If you are not a "consumer", we invite you to refrain from concluding commercial transactions on the Site.

1.3 In consideration of its commercial policy, the Seller reserves the right not to process orders from subjects other than the "consumer" or in any case to orders that do not comply with its commercial policy.

1.4 These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for Products on the Site between users of the Site and the Seller.

1.5 The General Conditions of Sale, on the other hand, do not regulate the supply of services or the sale of Products by parties other than the Seller who are present on the Site through links, banners or other hypertext links. We advise you, before placing orders and purchasing products and services from parties other than the Seller, to check their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of operations electronic commerce between users of the Site and third parties.

Conclusion of the contract with the seller

2.1 To conclude the purchase contract for one or more Products on the Site, you will need to fill in the order form electronically, following the relative instructions.

By placing an order through the Site, the Customer guarantees to:
 • have the legal capacity to sign binding contracts;
 • be at least 18 years old; and
 • purchase the Products for personal and non-commercial use.


2.2 Before proceeding with the purchase of the Products, you will be asked to carefully read the General Conditions of Sale and the Information on the Right of Withdrawal. We will also provide you with a summary of the commercial and contractual conditions that we propose for the purchase of the Products, which contains a reference to the General Conditions of Sale and a summary of the information on the essential characteristics of each product ordered with the relative price (including all applicable taxes or duties), the means of payment that you can use to purchase each product, the methods of delivery of the Products purchased, the methods of handling complaints by the professional, the shipping and delivery costs; as well as the references and the geographical and e-mail address of the Seller and the date by which the Seller undertakes to deliver the goods. The Seller will also provide you with a summary of the conditions and methods for exercising your right of withdrawal and the methods and times for returning the purchased products. You will also be provided with information on the circumstances in which you will lose the right to withdraw from the contract. If applicable to the purchase, you will be informed that, in the event of withdrawal, you will have to bear the shipping cost of returning the Products. In any case, you will be reminded of the existence of the legal guarantee of conformity of the products, you will be provided with the contact details of our after-sales service.

2.3 In the order form, which is displayed immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of each product ordered, the price (including all applicable taxes or duties) and the shipping costs (including any additional costs incurred by you for choosing a different and / or faster type of shipment and delivery than the standard one). The contract is concluded when the Seller receives your order form electronically, after verifying the correctness of the data relating to your order.

2.4 The order form will be filed in our database for the period of time necessary to process the orders and in any case in accordance with the law. You will be able to access your order form by consulting the "My order" section.

2.5 At the time of sending the order form, you will be warned that such forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order form, you will also be asked to identify and correct any data entry errors.

2.6 The language available to conclude the contract with the Seller is the English language.

2.7 Once the contract is concluded, the Seller will process your purchase order.

2.8 The Seller, in its sole discretion, may not process your purchase orders when:
• your orders do not give sufficient guarantees of solvency;
•  your orders are incomplete or incorrect;
• in case of unavailability of products;
• there is suspicion or report of fraudulent or illegal activity, including purchases that are presumed to be made for commercial reasons; and
• you have not fulfilled your obligations deriving from a previous contract entered into with the Seller.
In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not carried out your purchase order specifying the reasons. If the products presented on the Site are no longer available or on sale at the time of your last access to the Site or when the order form is sent, it will be the Seller's responsibility to notify you promptly and in any case within thirty (30) days starting from the day following that on which you have sent your order to the Seller, any unavailability of the products ordered. In case of forwarding of the order form and payment of the price, the Seller will reimburse, without undue delay, what you have already anticipated and the contract will be considered terminated between the parties.

2.9 With the electronic transmission of the order form, you unconditionally accept and undertake to observe these General Conditions of Sale in relations with the Seller. If you do not agree with some of the terms set out in the General Conditions of Sale, please do not submit the order form for the purchase of products on the Site.

2.10 By submitting the order form, you confirm that you are aware of and accept the General Conditions of Sale and the additional information contained on the Site, also referred to via links, including the General Conditions of Use and the Privacy Policy and the Information on the Right to Withdrawal.


2.11 Once the contract is concluded, the Seller will send you, by e-mail, a receipt of the purchase order, containing the General Conditions of Sale and the summary document on the Right of Withdrawal and therefore, all the information already contained in the summary of the conditions commercial and contractual displayed before proceeding with the purchase.

Guarantees and indication of product prices

3.1 The Seller does not sell used, irregular or inferior products to the corresponding standards offered on the market.

3.2 The essential characteristics of the Products are presented on the Site within each product sheet.

Differences may exist between the Products delivered and those present on the Site or in the catalogue, in particular with regard to craft products for which the homogeneity of production cannot be totally guaranteed or for those that have been subject to adaptations related to technical or technological evolution. Such differences, in the event that they do not affect the essential characteristics of the Products and do not affect their quality, cannot justify a cancellation of the order or a refusal to deliver. Not being able to guarantee a perfect representation of the Products on the Site and / or in the catalogues, in particular due to the differences in colour performance by the Internet navigation software and / or the display screens, the Seller cannot be held responsible for the inaccuracy of the photographs appearing on the Site.

3.3 The selling prices of the products (expressed in Euro), the shipping costs (expressed in Euro) and the methods of payment are those shown on the Site. The Seller reserves the right to change the sale prices of the Products indicated on the Site at any time. Make sure of the final sale price before submitting the relevant order form.

3.4 Purchase requests from countries not included among those displayed on the splash page cannot be accepted by the Seller.

3.5 All products have an identification code. We ask you not to remove the identification code from the purchased Products, of which they form an integral part.

3.6 The Seller, in case of exercising your right of withdrawal, has the right not to accept the return or not to refund in full the sums paid for the purchase, in relation to those Products that do not have the relevant identification code or that have been altered in their essential and qualitative characteristics or that have been damaged, according to what is better clarified in paragraph 7.10.

3.7 All Products sold by the Seller are covered by the legal guarantee of twenty- four (24) months for lack of conformity, manufacturing, material or design defects, in accordance with applicable law. The Product defect must be communicated in writing to the Seller within two (2) months of its discovery. To benefit from the guarantee, it is mandatory to present the original invoice. In case of lack of conformity you have the right to request the repair or replacement of the Product. In the event that the aforementioned remedies are not possible or excessively burdensome, you will be entitled to a reduction in the price paid or the termination of the sales contract, pursuant to art. 130 of the Consumer Code. Without prejudice to the rights deriving from the guarantee, Products made to measure or which have been the subject of a special order may in no case be returned, replaced or refunded.

The following are excluded from the guarantee:

  • damage to the Product resulting from normal wear and tear with reference to nature, function, composition and price;
  • small differences found on the Products, such as those defined in Article 3.3 of these conditions of sale;
  • Products used too intensively, or for purposes other than private ones; and
  • any defect in the Product that may result from incorrect installation, storage, conservation or assembly.

Price: method and terms of payment

4.1 To pay the price of the Products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form.

4.2 In case of payment by credit card, the financial information (for example, the credit / debit card number or its expiry date) will be managed by PayPal Inc., which provides the related remote electronic payment services, without third parties having access to it in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the related refunds in the event of any returns of the Products, following the exercise of your right of withdrawal, or if it becomes necessary prevent or report to the police the commission of fraud on the Site. The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged to your current account when the purchased Products are shipped.

4.3 In case of payment by bank transfer, you will receive an e-mail confirming the order, containing the bank details.
The goods will remain reserved for 7 days, and the order will be processed upon receipt of the sale price. In the absence of collection within 7 days, the order is to be considered cancelled.

Shipping and delivery of products

The Products will be delivered within the deadline and in the manner indicated on the Site.

You can choose to receive the items purchased at the chosen address, selected from those indicated on the Site.
Deliveries is free of charge. However, we do have a few policies in place:

  • We only deliver to Malta and Gozo addresses.
  • Once your order is placed, we aim to deliver your order within 4 working days.
  • Delivery is done from Monday to Friday between 08.00 - 19.00.
  • Delivery is only to groud floor.

To find out about the specific methods of shipment and delivery of the Products, we invite you to consult the procedure for completing the order form online: the information contained therein form an integral and substantial part of these General Conditions of Sale and, therefore, are considered by you fully known and accepted at the time of transmission of the order form.

For the purposes of these General Conditions, the delivery of the Product/s is considered completed with the affixing of the signature certifying receipt of the Product/s at the indicated delivery address.

The risk of loss or damage to the Product/s for reasons not attributable to the Seller is transferred to the Customer only when the latter, or a third party designated by the same and different from the carrier, materially comes into possession of the goods.

Costumer assistance

You can request any information through our assistance services: contact the Contact Section.

Right of withdrawal

7.1 You have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days from the day of receipt of the Products purchased on the Site. In some specific cases, duly reported in the Right to Withdrawal, it will be possible to change the chosen product with another.

7.2 To withdraw from the contract, you must  send  email to this email address: info@sharkbay.shop

7.3 Once you have exercised your withdrawal from the contract, you must return the Products to the Seller by delivering them to the courier for shipment within fourteen (14) days from when you notified the Seller of your decision to withdraw from the contract.

7.4 The only expenses at your expense are those for returning the purchased Products, unless the Seller has expressly exempted you from these expenses at the time of purchase and on the additional condition that you use the forwarder indicated by the Seller.

7.5 If you decide to use the courier indicated by the Seller, you will have to pay the costs, at your expense, for returning the purchased Products.

7.6 If you decide to use a shipping method other than that indicated by the Seller, you will in any case have to personally pay the costs, at your expense, for returning the purchased Products.

7.7 The Right of Withdrawal - in addition to compliance with the terms and methods described in the previous points - is understood to be exercised correctly if the following conditions are also fully met:

  1. the explicit declaration of your decision to withdraw from the contract must be correctly filled in and sent to the Seller within fourteen (14) days of receipt of the Products;
  2. the Products must not have been used;
  3. the identification code must still be attached to the Products;
  4. the Products must be returned in their original intact packaging;
  5. the returned Products must be delivered to the shipper within fourteen (14) days from when you notified the Seller of your decision to withdraw from the contract; and
  6. the Products must not be damaged.

7.8 If the Right of Withdrawal is exercised following the methods and terms indicated in this paragraph 7, the Seller will refund any sums already collected for the purchase of the Products according to the methods and terms provided.

7.9 The sums will be refunded to you as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, we will activate the refund procedures, a the correct execution of the terms and conditions indicated above has been verified, as indicated in paragraph 8.

7.10 If the methods and terms indicated for exercising your right of withdrawal are not respected, you will not be entitled to a refund of the sums already paid to the Seller. Within 14 days of sending the e-mail with which you will be notified of the non-acceptance of the return, you can choose to get back, at your expense, the Products in the state in which they were returned to the Seller, notifying the Seller, according to the modalities that will be communicated to you. Otherwise, the Seller may keep the Products, in addition to the sums already paid for their purchase. If the conditions referred to in paragraph 7.7 above are not met, you will not be entitled to full reimbursement of the amounts already paid to the Seller. In fact, you will be responsible for the decrease in value of the returned Products, resulting from a use other than that authorized by the Seller in order to allow you to ascertain the nature, characteristics and functioning of the Products themselves. In this case, a percentage of between 10 and 90 percent of the amounts paid by you to the Seller for the purchase of the returned Products will be deducted from the expected refund, according to what will be specifically communicated to you by email by the Seller. Within 14 days of sending the e-mail with which you will be notified of the sum deducted from the refund, you can choose to get back the Products, at your expense, in the state in which they were returned to the Seller, notifying the Seller, according to the modalities that will be communicated to you. Otherwise, the Seller may keep the Products and an amount corresponding to the percentage deducted from the refund.

Refund times and methods

8.1 After the return of the Products, the Seller will make the necessary checks relating to their compliance with the conditions and terms indicated in paragraph 7.

In the event that the checks are concluded positively, the Seller will send you, via e-mail, the relative confirmation of acceptance of the Products thus returned.

In the event that the checks are not concluded positively, the Seller will notify you, via e-mail, of the existence of a decrease in the value of the returned Products, resulting from your failure to comply with the conditions indicated in the previous paragraph 7. At the same time, the Seller will also notify you of the amount that will be deducted from the sums paid by you for the purchase of the returned Products; without prejudice, alternatively, to the possibility of re-obtaining, at your expense, the Products in the state in which they were returned to the Seller, in accordance with the provisions of paragraph 7 above.

8.2 Whatever the payment method you use, the refund, in whole or in part, is activated by the Seller, in the shortest possible time and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal after verifying the correct execution of your right of withdrawal and verification of the returned Products.

8.3 The Seller reimburses using the same payment method used by you for the purchase of the returned Products, unless you have expressly agreed with the Seller to use a different means of payment and on condition that you do not have to bear any additional cost as a consequence of the reimbursement. If there is no correspondence between the recipient of the Products indicated in the order form and whoever made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be made by the Seller, in in any case, towards the person who made the payment.

8.4 The value date of the re-credit is the same as the debit date; consequently you will not suffer any loss in terms of bank interest.

8.5 The Seller reserves the right to indicate the forwarder for returning the Products following any request for return.

Using the pre-printed adhesive label attached to the package containing the Products, you can return the Products to the Seller.

8.6 If you decide to use, for the return of the Products, a shipper other than the one indicated by the Seller, you will instead have to bear the payment of the necessary expenses and you will be responsible for any liability in case of loss or damage to the Products during transport, according to the procedures and terms provided for exercising the right of withdrawal.

Events beyond seller's control

The Seller will not be liable, for any reason, for any non-fulfilment or delay in the fulfilment of any of its contractual obligations that are caused by events beyond its reasonable control (Force Majeure Event).

An Event of Force Majeure includes any action, event, non-occurrence, omission or accident beyond the reasonable control of the Seller and, in particular, by way of example only:

  • strikes, lockouts or other industrial actions;
  • civil uprisings, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (whether declared or not), threats of war or preparation for armed conflicts;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • inability to use railways, sea transport, aircraft, motor transport or other means of public or private transport;
  • impossibility of using public or private telecommunication networks; and
  • provisions of any form and nature (by way of example only: acts, decrees, ordinances. Laws, regulations, limitations / restrictions) issued by national, European, international authorities having a judicial, administrative, accounting and economic nature, health.

The fulfilment of any obligation by the Seller is considered suspended for the period in which the Force Majeure Event continues and the deadline for its fulfilment will be extended to an extent equal to the duration of this period. The Seller will do everything reasonably in its power to stop the Force Majeure Event or find a solution that allows the fulfilment of its contractual obligations despite the Force Majeure Event.

Privacy

10.1 You can obtain information on how we process your personal data by accessing the Privacy Policy.

10.2 We also recommend that you read our General Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems adopted.

10.3 For any other information on our Privacy Policy you can send requests to the following e-mail address: info@sharkbay.shop or to the address of our registered office of the Seller Adswaves ltd- Office 77 Fawwara lane , block de tigne - Sliema SLM 1640 Malta.

Applicable law and dispute resolution

11.1 The General Conditions of Sale are governed by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the Consumer Code in Chapter I "Consumer rights in contracts", with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.

11.2 The use of the Site, the relations between the buyers and the Seller, referring to the orders transmitted on the Site and to the sales concluded in this way, as well as the contractual documentation referred to in the previous article 10 are governed by Italian law.

For any disputes with consumer buyers, as defined by applicable legislation, the European Commission makes the Online Dispute Resolution Platform available to consumers to resolve disputes out of court (Article 14, paragraph 1 of EU Regulation 524 / 2013). Consumers can make a complaint at the following link: http://ec.europa.eu/consumers/odr/.

In any case, the non-derogable legislation relating to consumers on the applicable jurisdiction applies. In particular, consumers, as defined by the applicable legislation, may initiate a dispute against the Seller at the forum of their place of residence or domicile.

Modification and updates

The Seller reserves the right to modify and update these General Conditions of Sale at any time. The new General Conditions of Sale will be effective from the date of publication on the Site.

Company Details

Company: Adswaves LTD
Registered Office: 77 Fawwara Lane De Tigné, Sliema, SLM 1640, Malta
Business Registration: Malta
Tel.: +35677012326
VAT number: MT30875130