INDEX:
8 WARRANTIES AND CUSTOMER SUPPORT
9 LIABILITY AND LIMITATIONS
9.1 Limitation of the seller’s liability for potential damages
9.2 Exclusion of implied warranties
10 APPLICABLE LAW AND COMPETENT COURT, OUT-OF-COURT DISPUTE RESOLUTION – ALTERNATIVE DISPUTE RESOLUTION (ADR)
10.1 Competent Court for Disputes
10.2 Alternative Dispute Resolution: ODR (Online Dispute Resolution) Platform
11 INTELLECTUAL PROPERTY
14 Force Majeure
15 Waiver
16 Invalidity of individual clauses
17 MODIFICATIONS OF TERMS AND CONDITIONS
17.1 Seller’s right to modify the terms and conditions
8 WARRANTIES AND CUSTOMER SUPPORT
8.1 Information on Legal and Commercial Warranties
All products sold on the site wallafishing.com are covered by the Legal Warranty of Conformity as outlined in Articles 128-135 of the Consumer Code (Legal Warranty).
The duration of the Legal Warranty of Conformity is two years from the delivery of the product.
The essential characteristics of the products are presented on wallafishing.com within each product sheet. However, the images and colors of the products offered for sale on wallafishing.com may not correspond to the actual ones due to the browser and monitor used.
The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made a purchase on the site wallafishing.com for purposes unrelated to any business, commercial, craft, or professional activity they may undertake.
Mareka Srl is responsible towards the consumer for any product conformity defects that appear within two years from delivery. The defect must be reported to the seller, under penalty of losing the warranty, within two months from the date it was discovered.
Unless proven otherwise, it is assumed that conformity defects appearing within six months of delivery already existed at that time, unless this assumption is incompatible with the nature of the product or the nature of the defect. From the seventh month after delivery, the consumer must prove that the defect existed at the time of delivery.
8.2 Post-Sale Support Methods
If the user wishes to use the remedies provided by the legal warranty, they must send an email to info@wallafishing.com.
For any information regarding the legal warranty and the user’s rights under this contract, the user can also contact Customer Service by phone at +(39) 351 3878045 from Monday to Friday, from 9 a.m. to 6 p.m., excluding Saturdays, Sundays, and holidays, or write to info@wallafishing.com.
To benefit from the Legal Warranty, the user must first provide proof of the purchase and delivery date of the product. It is advisable to keep the purchase invoice or any other document that can confirm the purchase date (such as a payment card statement) and the delivery date.
In the case of contract resolution, Mareka Srl will refund the total amount paid by the user, including the product price, shipping costs, and any other possible additional charges. In case of a price reduction, Mareka Srl will refund the agreed-upon reduction. The refund or reduction amount will be credited to the payment method used by the user for the purchase.
8.3 Customer Service and Complaints
Users can ask for information, send communications, request assistance, or file complaints by contacting Mareka Srl using the following methods:
Email: info@wallafishing.com
Phone: +(39) 351 3878045, from Monday to Friday, 9 a.m. to 6 p.m., excluding Saturdays, Sundays, and holidays.
9 LIABILITY AND LIMITATIONS
9.1 Limitation of Seller’s Liability for Damages
Mareka Srl is not responsible for any damages, of any nature, arising from improper and/or non-compliant use of the product as per the manufacturer’s instructions, nor for damages resulting from unforeseen circumstances or force majeure.
9.2 Exclusion of Implied Warranties
According to the new Article 135 bis, in case of a conformity defect, the user is entitled to:
• restoration of conformity (repair or replacement of the product)
• a price reduction, if repair or replacement is not possible
• contract resolution, if conformity cannot be restored within a reasonable timeframe or the defect cannot be removed.
Repairs, replacements, and returns of non-compliant goods are at the expense of Mareka Srl and will occur as quickly as possible, subject to the various procedures.
10 APPLICABLE LAW AND COMPETENT COURT, OUT-OF-COURT DISPUTE RESOLUTION – ALTERNATIVE DISPUTE RESOLUTION (ADR)
Contracts concluded via the wallafishing.com site are governed by Italian law. Consumers not residing in Italy benefit from potentially more favorable and mandatory provisions under the law of their country of residence.
10.1 Competent Court for Disputes
Under the Consumer Code (Legislative Decree No. 206 of September 6, 2005), the competent court for disputes concerning the application, execution, and interpretation of this document is the court where the consumer resides or has elected domicile.
Mareka Srl informs the consumer that if a dispute arises and cannot be resolved directly with the company, information on Alternative Dispute Resolution (ADR) mechanisms will be provided. The consumer can access the ADR list, find links to each organization’s website, and initiate an online dispute resolution procedure.
10.2 Alternative Dispute Resolution: ODR Platform
Mareka Srl informs European consumers (as defined in Article 3, paragraph 1, letter a) of the Consumer Code) that an Online Dispute Resolution (ODR) platform has been established.
The ODR platform is provided by the European Commission to resolve online disputes related to online purchases. Both consumers and sellers can use the platform to resolve disputes simply and quickly.
11 INTELLECTUAL PROPERTY
All content on the site, including but not limited to logos, trademarks, texts, data, images, photos, illustrations, multimedia content (graphics, audio, and video), descriptions, layouts, software, HTML codes, and other similar content (collectively “Content”), is protected by copyright and other intellectual or industrial property rights, as well as other proprietary rights held by or licensed to Mareka Srl.
The user agrees not to download, extract, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Content from the site without prior written authorization from Mareka Srl.
12 CHANGES TO THE TERMS AND CONDITIONS AND/OR THE SITE
Mareka Srl reserves the right to revise the Terms and Conditions of Use at its discretion, updating and modifying them at any time without prior notice. The user is encouraged to review the Terms periodically before accessing or using the site.
Updates or modifications will be notified to users on the homepage during their first access and will be binding from the time of publication on the site.
13 CONTACTS
Email: info@wallafishing.com
Phone: +(39) 351 3878045, Monday to Friday from 9 a.m. to 6 p.m., excluding Saturdays, Sundays, and holidays.
14 FORCE MAJEURE
Mareka Srl will not be held liable for failure or delay in fulfilling its obligations under these Terms due to circumstances beyond its reasonable and foreseeable control (“Force Majeure Events”).
Force Majeure Events include, but are not limited to:
• strikes, lockouts, and industrial disputes
• civil mobilizations, invasions, terrorist attacks or threats, armed conflicts
• fires, explosions, storms, floods, earthquakes, epidemics, or natural disasters
• failure of public or private telecommunication services
• pandemics or epidemics
15 WAIVER
Failure to demand compliance with any provision of these Terms does not affect the right of either party to demand compliance at any later time. Renouncing a right in case of violation does not constitute a waiver of that right in case of subsequent violations.
16 INVALIDITY OF INDIVIDUAL CLAUSES
If any provision of these Terms is found to be illegal or invalid, it will not be considered part of the Terms, and the remaining provisions will remain valid and effective to the maximum extent allowed by law.
17 MODIFICATIONS TO TERMS AND CONDITIONS
17.1 Seller’s right to modify the terms and conditions
Mareka Srl reserves the right to modify these Terms at any time by providing specific notice on the site www.wallafishing.com. The user acknowledges that any modifications will apply to orders placed after the modification date.