INDEX:
TERMS AND CONDITIONS OF USE
1 GENERAL INFORMATION
1.1 Seller’s company details
1.2 Contact information
1.3 Purpose of the document and acceptance of the conditions
1.4 The Website
1.5 Website usage
1.6 Limitations of liability
2 GENERAL SALES CONDITIONS
2.1 Scope of application
2.2 Privacy
2.3 Company name and registered office
3 PRODUCTS AND SERVICES
3.1 Product Information Sheet
3.2 Product Availability
3.3 Prices and Applicable Taxes
4 ORDERS AND PAYMENTS
4.1 Purchase procedure
4.2 Registration on the Website
4.3 Information for the conclusion of the contract
4.4 Order confirmation policy
4.5 Purchase orders
4.6 Online payment platforms used
4.7 Accepted payment methods
TERMS AND CONDITIONS OF USE
1. GENERAL INFORMATION
These terms and conditions of use (hereinafter referred to as “General Terms and Conditions of Use”) govern the access and use by visitors and/or users (hereinafter individually referred to as “User”, collectively “Users”) of the website with the domain name www.wallafishing.com, including all sections and areas reserved for registered Users (hereinafter referred to as “Site”).
1.1 Company Details of the Seller
The website
www.wallafishing.com is owned by MAREKA SRL, with legal headquarters in Italy, Corso di Porta Vittoria, 17 - ZIP code 20122 Milan (MI), VAT and Tax Code 13000060965, Registered at the Milan Monza Brianza Lodi Chamber of Commerce, REA MI-2697534 (hereinafter referred to as the “Owner”), which is also the owner of the domain name.
1.2 Contacts
Email address: info@wallafishing.com
Phone number: +(39) 351 3878045, available Monday to Friday from 9:00 AM to 6:00 PM, excluding Saturdays, Sundays, and public holidays.
1.3 Purpose of the Document and Acceptance of Terms
Through the Site wallafishing.com, online sales of products marketed by MAREKA SRL (Headquarters in Italy, Corso di Porta Vittoria, 17 - ZIP code 20122 Milan, C.F. and P.I. 13000060965, Registered at the Milan Monza Brianza Lodi Chamber of Commerce, REA MI-2697534) are carried out via an e-commerce platform (hereinafter referred to as the “Platform”).
Before proceeding with the purchase of products through the Site wallafishing.com, the User is required to carefully read the General Terms of Sale, which may be stored and reproduced, along with all Consumer Information, the Privacy Policy, and the Cookie Policy.
For any requests for clarification, assistance, feedback, or complaints regarding these Terms and Conditions of Use and/or the Site, the User may contact Mareka Srl using the previously provided contact details or by sending an email to info@wallafishing.com.
These Terms and Conditions of Use govern access to and use of the Site, including the viewing of the related web pages. By accessing and using the Site, the User declares that they understand and accept these Terms and Conditions of Use without limitation. Therefore, before starting to use the Site, including the related web pages, or if the User is directed to the Site from another source (such as an Internet search engine, third-party websites, and/or social networks), the User is invited to read these Terms and Conditions of Use.
If the User does not agree with these Terms and Conditions of Use, they will not be able to use the Site.
1.4 The Site
Mareka S.r.l declares that it is the holder and licensee of all intellectual property rights related to and/or concerning the Site and/or the materials and content available on the Site:
https://wallafishing.com, protected by TLS certificates.
Website name: Wallafishing
The User may use the Site and the materials and content available there only for personal, non-commercial use. These General Terms do not grant the User any license to use the Site and/or any individual content and/or materials available on it. Any other use or reproduction of the Site or the materials or content available there is strictly prohibited.
The Site is provided “as is,” and Mareka S.r.l does not provide any express or implied warranties regarding the Site. Mareka S.r.l does not guarantee that the Site will meet the User’s needs or that it will always be uninterrupted, error-free, or free from viruses or bugs.
Mareka S.r.l will make efforts to ensure that the Site is available 24 hours a day, but cannot be held responsible if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be temporarily suspended without notice in the event of system failures, maintenance, repairs, or for reasons beyond the control of Mareka S.r.l, or due to Force Majeure events.
1.5 Use of the Site
Access and use of the Site, including the viewing of web pages, is intended solely for Users who qualify as Consumers (as defined in the General Terms of Sale). By using the Site and/or the Platform, the User declares and guarantees that they are of legal age and have the legal capacity to accept these Terms and Conditions of Use, committing to comply with them.
By using and navigating the Site, the User agrees not to:
(i) disseminate offensive, unauthorized, defamatory content, violate privacy or image rights, incite violence, racial or ethnic hatred;
(ii) post promotional or advertising content;
(iii) engage in illegal activities, including but not limited to infringing software, trademarks, photographs, images, texts, videos, etc. rights.
The User may register on the Site via the “Reserved Area” service. For more information, the User is invited to read the Terms of Subscription to the “Reserved Area” service.
The services provided by the Site should not, under any circumstances, be used in a way that could cause interruptions, damage, or malfunctions to the Site and/or the Platform or their functions, nor to engage in illegal activities or otherwise contrary to the law. Mareka Srl reserves the right to prevent access to the Site, suspend or close the User’s account, and remove or modify content on the Site in the event of violation of the law, these General Terms of Use, or any other applicable terms and policies.
1.6 Limitation of Liability
Browsing the Site is free, access is open, and registration to the “Reserved Area” service is optional. The User is solely responsible for any improper use of the Site, contrary to the provisions of these Terms and Conditions of Use and the applicable laws, as well as for any content viewed, consulted, duplicated, copied, downloaded, or entered through the Site; Mareka Srl’s liability remains for willful misconduct or gross negligence. The User must indemnify Mareka Srl for any loss or damage caused by a violation of any of the conditions established in this section.
Mareka Srl has implemented adequate technical and organizational measures to safeguard the security of the services provided, including the protection of personal data (refer to the Privacy Policy).
Additionally, measures are in place to ensure that the content on the Site is accurate and does not contain incorrect or outdated information. However, Mareka Srl does not assume any responsibility for the accuracy and completeness of the content published and reserves the right to update and/or modify the content of the Site at any time without incurring any liability.
Mareka Srl does not provide any guarantees regarding the Site or its content, such as guarantees of continuity, assistance, or in case of interruptions, including those due to maintenance or updates, or malfunctioning or protection errors, including those resulting from potential harmful cyberattacks. To the fullest extent permitted by applicable law, the User agrees to release Mareka Srl from any liability for any direct or indirect damages resulting from the use of the Site – or the use of any linked websites – such as malfunctioning of the Site, errors, omissions, service interruptions, delayed functioning or transmission, defects, system or hardware/software issues, problems with providers, telephone or telecommunication connections, viruses, malware, and in general, damages caused by the failure or malfunctioning of the User’s electronic devices.
Mareka Srl disclaims any responsibility for third-party websites that may be linked to from the Site, and is not responsible for any damages of any kind related to the management, content, or availability of those websites.
2 GENERAL TERMS OF SALE
These General Terms of Sale govern the offer and sale of products on the website https://www.wallafishing.com/.
These General Terms apply exclusively to the products sold by Mareka Srl on the website wallafishing.com.
Please read carefully and understand these General Terms of Sale before placing an order for any product on the wallafishing.com site. Each time the User intends to place an order, they must declare that they have read, understood, and accepted the contents of these General Terms of Sale. If the User does not accept these General Terms of Sale, they will not be able to place an order for any product sold on the wallafishing.com site. We encourage the User to print and keep a copy of this document for future reference.
“Seller”: Mareka Srl
“Site”: the wallafishing.com website
“Terms of Use”: the terms and conditions for accessing the Site;
“User”: the person who uses the Site and/or Platform to place orders and purchase products as a Consumer.
These General Terms of Sale apply to all product sales made through the Platform.
If the General Terms are accepted on behalf of third parties (individuals or legal entities, organizations, associations, or other entities), the User declares and guarantees that they have the necessary authority to represent and, in any case, are legally authorized to accept the General Terms, thus binding the represented party.
2.1 Scope of Application
Any sale on the Site constitutes a distance contract regulated by Chapter I, Title III (Articles 45 and following) of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and by Legislative Decree No. 70 of April 9, 2003, which contains the regulations for e-commerce.
The General Terms of Sale apply to all sales made by Mareka Srl on the wallafishing.com Site.
By accessing the Platform and clicking the “accept” button and/or using the Platform’s services, the User declares that they have read and agree to be bound by these General Terms of Sale, which can be reviewed along with the Terms and Conditions, Privacy Policy, Cookie Policy, Shipping & Returns, Right of Withdrawal & Refunds, and Legal Information. The terms mentioned are to be understood as working days, excluding Saturday, Sunday, and national holidays.
The General Terms of Sale may be modified at any time. Any modifications and/or new terms will be in effect from the moment they are published on the wallafishing.com Site. Therefore, the User is invited to regularly visit the wallafishing.com Site and consult the most up-to-date version of the General Terms of Sale before making any purchase.
The General Terms of Sale applicable are those in force at the time of sending the purchase order.
These General Terms of Sale do not regulate the sale of products by parties other than Mareka Srl, which may be present on the Site through links, banners, or other hypertextual connections. Before making transactions with such parties, it is necessary to check their own terms of sale. Mareka Srl is not responsible for the sale of products by such parties. Mareka Srl does not monitor or control websites accessible through such links. Therefore, Mareka Srl is not responsible for the content of such websites, nor for any errors and/or omissions and/or legal violations by them.
The User is required to carefully read these General Terms of Sale and all other information provided by Mareka on the wallafishing.com Site, even during the purchase process.
Mareka Srl reminds the User that the product they purchase is intended exclusively for the country where the order is placed; therefore, if the User decides to export the product to a different country, they will be responsible for the import and export process and must comply with the applicable regulations and restrictions for both export from the country of purchase and import into the country of destination. Mareka Srl disclaims any responsibility in this regard.
The products marketed on the Site, i.e., Wallafishing, are offered and sold by Mareka Srl, with registered office in Italy at Corso di Porta Vittoria, 17 - 20122 Milan (MI), Tax Code and VAT No. 13000060965 - Registration Number at the Milan Monza Brianza Lodi Chamber of Commerce, REA MI-2697534, Share Capital €5,000.00 - Digital/PEC address: marekasrl@pec.it (hereinafter referred to as the “Seller”).
Before proceeding with the online purchase of products on the Site, the User is required to carefully read and accept these General Terms of Sale, which the Seller makes available in the “General Terms of Sale” section, and which may be saved and reproduced, as specified below.
Please also review the Site’s Terms of Use, Consumer Information, GDPR-compliant Privacy Policy, and Cookie Policy.
2.2 Privacy
In the context of these Terms and Conditions, the personal data of Users will be processed by Mareka Srl, as the Data Controller, in compliance with Legislative Decree No. 196/2003 and subsequent amendments, and with EU Regulation 2016/679, as outlined in the Privacy Policy and Cookie Policy.
2.3 Company Name and Legal Address
MAREKA SRL, with registered office in Italy at Corso di Porta Vittoria, 17 - 20122 Milan (MI), Tax Code and VAT No. 13000060965 - Registration Number at the Milan Monza Brianza Lodi Chamber of Commerce, REA MI-2697534, Share Capital €5,000.00 Digital/PEC address: marekasrl@pec.it.
3 PRODUCTS AND SERVICES
3.1 Product Information Sheet
Each product is accompanied by an information page that highlights its main features (Product Information Sheet). The images and descriptions provided on the Website reflect the characteristics of the Products as accurately as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or devices used for viewing. Additionally, the images of the Product in the Product Information Sheet may differ in size or in relation to any additional accessories. These images should therefore be considered indicative, with the necessary allowances for usage.
3.2 Product Availability
The products offered on the wallafishing.com Website are in limited quantities. It is therefore possible that, due to the possibility of multiple Users purchasing the same product simultaneously, the product ordered may no longer be available after the order has been submitted. Information regarding the availability of each product is available on the wallafishing.com Website.
The User will be notified in case the ordered product is unavailable. In this case, the User has the right to cancel the purchase contract as per articles 61, IV and V paragraphs, of the Consumer Code.
Alternatively, the User may accept:
• A discount voucher to be used for purchases on the wallafishing.com Website. The amount of the discount voucher, the deadline for its use, and any limitations will be communicated by Mareka Srl from time to time.
• Replacement of the product with another product that has similar characteristics to the one chosen.
If the User requests a refund for the payment made for products that are subsequently found to be unavailable, Mareka Srl will process the refund within a maximum of 15 days.
If the User exercises their right to cancel under article 61, IV and V paragraph, Consumer Code, the contract is resolved; if the total amount due (including the product price, shipping fees, if applied, and any other additional costs from the order) has already been paid, Mareka Srl will refund the total amount due as per the “Payment Methods” section below.
3.3 Prices and Applicable Taxes
All prices of the products published on the wallafishing.com Website include Value Added Tax (VAT).
Mareka Srl reserves the right to change the prices of the products at any time without prior notice, provided that the price charged to the User will be the one indicated on the wallafishing.com Website at the time the order is placed, and no adjustments (increase or decrease) will be made for changes after the order is transmitted.
Shipping fees, if applicable, will be expressly and separately indicated in the order form, before the User proceeds with the transmission of the order.
4 ORDERS AND PAYMENTS
4.1 Purchase Procedure
Purchasing on the Website is allowed to Users who are Consumers.
According to Article 3, Paragraph I, letter a) of the Consumer Code, it is specified that Consumers are individuals who, in relation to the purchase of Products, act for purposes unrelated to any business, commercial, professional, or craft activity they may carry out.
In the case of orders that appear abnormal regarding the quantity and/or frequency of purchases, Mareka Srl reserves the right to take all necessary actions to stop the irregularities.
Mareka Srl reserves the right to reject or cancel orders from Users who have provided false, incomplete, or inaccurate identification data, or who have not sent the required documents or have sent invalid documents.
4.2 Registration on the Website
To register on the Website, the User must be at least 18 years old and must complete the appropriate form, providing the following details:
• First name
• Last name
• Email
• Password
• Residential address
• Phone number
• Tax Code and/or VAT number
The User agrees to inform Mareka Srl immediately if they suspect or become aware of unauthorized use or improper disclosure of their login credentials for the wallafishing.com Website.
By registering on the wallafishing.com Website, the User guarantees that the personal information provided is complete and truthful and agrees to hold Mareka Srl harmless from any damage, liability, or penalty arising from or related to violations of the registration rules or improper handling of registration credentials and/or the provision of false, incomplete, or inaccurate personal data, without prejudice to Mareka Srl’s right to disable the account.
4.3 Information for Contract Conclusion
In compliance with Legislative Decree 9 April 2003, No. 70, concerning e-commerce regulations, Mareka Srl informs the User that, to conclude a purchase contract on the wallafishing.com Website, the User must complete an electronic order form and send it to Mareka Srl electronically, following the instructions that will appear on the wallafishing.com Website. The contract will be concluded when the order form is received by the Mareka Srl server.
Once the order form is received, Mareka Srl will send an order confirmation to the User’s provided email address containing:
• Information regarding the features of the purchased products
• The price (including applicable taxes)
• Payment method used
• Shipping costs (including any additional fees incurred by the User for choosing a different or faster delivery method than the standard one)
The order form will be stored in the Mareka Srl database for the time required to process the orders and in any case within the legal terms. The User can access their order form through the appropriate section.
When submitting the order form, the User will be warned that the submission implies an obligation to pay the indicated price. The User will also be asked to identify and correct any errors in data entry before submitting the order form.
The language available to conclude the contract with Mareka Srl is Italian.
4.4 Order Confirmation Policy
Once the contract is concluded, Mareka Srl will process the purchase order.
Mareka Srl may not process orders from Users who do not provide sufficient guarantees of solvency or if the orders are incomplete or incorrect, or in case of product unavailability. In such cases, Mareka Srl will inform the User via email that the contract has not been concluded and the order was not processed, specifying the reasons.
If the products displayed on wallafishing.com are no longer available or for sale at the time of the last site visit or order form submission, Mareka Srl will promptly notify the User within thirty (30) days from the day after the order submission, informing them of the product unavailability. If the order form is submitted and the payment is made, Mareka Srl will refund the amount already paid, and the contract will be considered terminated between the parties.
By electronically submitting the order form, the User unconditionally accepts and agrees to comply with these General Terms of Sale in dealings with Mareka Srl. If the User does not agree with any of the terms outlined in these General Terms of Sale, they are invited not to submit the order form for purchasing products on wallafishing.com.
With the submission of the order form, the User confirms they have read and accepted the General Terms of Sale and other information provided by Mareka Srl on the wallafishing.com Website, including through links, such as the Terms of Use, Privacy Policy, and Withdrawal Rights information.
After the contract is concluded, Mareka Srl will send the User an order receipt by email.
4.5 Purchase Orders
Mareka Srl will only ship the Products after receiving confirmation of payment authorization or after the Total Amount Due has been credited. Ownership of the Products will transfer to the User at the time of shipment, which is considered the moment the product is handed over to the carrier. The risk of loss or damage to the Products, due to causes not attributable to Mareka Srl, will transfer to the User when the User or a third party designated by the User (other than the carrier) takes physical possession of the Products.
The purchase contract is conditionally terminated if the Total Amount Due is not paid. Unless otherwise agreed in writing with the User, the order will be canceled accordingly.
To submit a purchase order, it is necessary to read and accept these General Terms of Sale by selecting the appropriate box in the purchase procedure pages. Failure to accept these General Terms of Sale will prevent the User from making purchases on the wallafishing.com Website.
4.6 Online Payment Platforms Used
The following payment platforms are operational on the wallafishing.com Website:
• Stripe (Credit or Debit Card)
• PayPal
4.7 Accepted Payment Methods
With Stripe, accepted payment methods include:
• VISA
• MasterCard (Cirrus Maestro)
• AMEX (American Express)
• DISCOVER
• JCB (Japan Credit Bureau)
• Diners Club International
• UnionPay (China UnionPay)
PayPal account and connected Credit and Debit Cards, including:
• Visa
• Mastercard
• American Express
These are always displayed at checkout on the wallafishing.com Website. The charge will only be made once (i) the payment card details used have been verified and (ii) the issuing company of the payment card has authorized the charge.
The payment card details (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the Mareka Srl servers. Mareka Srl therefore never has access to or stores any details of the User’s payment card, even if the User chooses to save this data on the wallafishing.com Website.
The charge will be made at the time of submitting the order.
PayPal payment is also available on the wallafishing.com Website. If the User chooses PayPal, they will be redirected to
www.paypal.it where they will complete the payment according to PayPal’s procedures and terms. The details entered on the PayPal site will be handled directly by PayPal and will not be transmitted or shared with Mareka Srl. Therefore, Mareka Srl cannot access or store the payment card details linked to.
- Payment via bank transfer.