Bylaws

TERMS AND CONDITIONS OF SALE
Porteva Marina Solutions
Przestrzenna 35A, 42-200 Częstochowa, Poland
E-mail: info@porteva.eu
Tel.: +48 731 735 894
VAT NUMBER (NIP): PL5732901426
Bank account (Millennium Bank):
IBAN (EUR): PL81 1160 2202 0000 0006 1622 2401
SWIFT: BIGBPLPW
Effective date: insert date
1. General Provisions
1.1. This document (hereinafter referred to as the “Regulations” or “Terms and Conditions of Sale”) defines the general terms and conditions of sale of products offered by Porteva Marina Solutions (hereinafter referred to as the “Seller”), headquartered at Przestrzenna 35A, 42-200 Częstochowa (Poland), pursuant to Legislative Decree 70/2003 (regulation of electronic commerce) and Legislative Decree 206/2005 (Consumer Code), where applicable to consumers.
1.2. Any purchase made through the Seller’s sales channels implies full and unconditional acceptance of these Regulations. You are encouraged to read the Regulations carefully before making a purchase.
1.3. In the event of changes or updates, the version of the Regulations in effect at the time the Customer submits the order shall apply.



2. Definitions
Consumer: the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.
Professional or Business Client: the natural or legal person acting in the exercise of his or her business, trade, craft or professional activity.
Products: the tangible goods offered for sale by the Seller.
Distance contract: the contract having as its object the sale of goods entered into between the Seller and the Customer under a distance selling system organized by the Seller, which uses, for such contract, exclusively one or more distance communication techniques (e.g., e-mail, website, telephone, etc.).



3. Subject matter of the contract
3.1. The Seller offers for sale fenders and other products related to the protection of boats, yachts, docks and harbor infrastructure, according to the specifications indicated in the product sheets or information material made available to the Customer.
3.2. All information and descriptions of the products (dimensions, materials, photos, etc.) are to be considered indicative and subject to possible changes, provided that they do not substantially affect the quality or functionality of the Products themselves.



4. Conclusion of the contract
4.1. The order transmitted by the Customer to the Seller constitutes a contract proposal. The Contract is concluded when the Customer receives the order confirmation or other written notice of acceptance from the Seller.
4.2. The status of an order passes into “realization” the moment the payment is credited to the Seller’s bank account, the details of which are indicated in the header (Millennium Bank, IBAN: PL81 1160 2202 0000 0006 1622 2401, SWIFT: BIGBPLPW).



5. Pricing, Payment and Invoicing
5.1. Prices of the Products, expressed in euros (EUR), are inclusive of or exclusive of VAT as specified in the product description or sales document. Any shipping and/or installation costs are indicated separately or specified in advance.
5.2. The Customer may make payment by the methods specified by the Seller (e.g. bank transfer, credit card, PayPal or other electronic payment systems). In the case of payment by bank transfer, the order will go through processing only after the actual crediting of the amount due to the account specified in section 4.2.
5.3. The Seller shall issue regular invoice, if required, based on the data provided by the Customer at the time of order.



6. Delivery and shipping time
6.1. Estimated delivery times range from 3 to 14 business days depending on product availability, destination, and shipping method chosen. These delivery times are not binding and may be delayed due to force majeure or unforeseeable circumstances.
6.2. In the case of larger orders, the Customer is encouraged to contact the Seller to arrange for any additional services, such as the possibility of assembly.
6.3. The Customer is required to check the conformity of the Products upon delivery and immediately report any anomalies to the courier and/or the Seller.



7. Installation and Responsibility
7.1. The Seller may offer installation service on request for larger orders. In this case, the conditions (time, cost, availability) will be agreed upon in writing between the parties.
7.2. Once the Product has been assembled, it may not be returned for withdrawal by the Customer, if such return is made in violation of the provisions of the distance contract regulations. Warranty rights for conformity defects remain valid.
7.3. Seller shall not be liable for any damage to boats or other units resulting from contact with docks, piers, or the like where such damage is caused by accident, careless maneuvering, or circumstances beyond Seller’s control. Fenders are designed only to minimize damage, not to prevent it completely.



8. Legal warranty and conformity defects
8.1. Pursuant to Articles 128-135 of Legislative Decree 206/2005 (Consumer Code), if the Customer is a Consumer, the Products are covered by a legal warranty of conformity for 2 years from delivery.
8.2. If the Customer is not acting as a Consumer (i.e. purchases made with a VAT number), any defects or flaws must be reported within 2 weeks of delivery. After this period has elapsed, the Seller is not obliged to accept complaints or replacements for defects.
8.3. In the event of a conformity defect, the Customer shall promptly contact the Seller, providing proof of purchase and photographic or descriptive documentation of the defect. The Seller will assess the nature of the defect and propose the solutions provided by law (repair, replacement, price reduction, refund, etc.), if and to the extent applicable.



9. Right of withdrawal (Consumers only)
9.1. According to Articles 52 et seq. of the Consumer Code, the Consumer Customer has 14 days to exercise the right of withdrawal without having to provide any reason, except for exceptions (e.g., custom-made or personalized goods).
9.2. The right of withdrawal does not apply:
If the product is already assembled or used in such a way as to affect its integrity.
To goods made to measure or customized according to the specific needs of the Customer.
9.3. In order to exercise withdrawal, the Customer shall inform the Seller (Porteva Marina Solutions, Przestrzenna 35A, 42-200 Częstochowa, Poland) by explicit statement (e.g. letter sent by mail, fax or e-mail). The cost of returning the product shall be borne by the Consumer, unless otherwise specified by the Seller.



10. Limitations of Liability
10.1. The Seller shall not be liable for delays or non-delivery caused by force majeure or unforeseeable events (strikes, natural disasters, customs blockades, wars, pandemics, etc.).
10.2. Seller shall not be liable for any direct or indirect, incidental or consequential damages arising out of the use or inability to use the Products, except as expressly provided by applicable mandatory law.



11. Protection of Personal Data
11.1. Customers’ personal data is processed in accordance with applicable data protection regulations, including Regulation (EU) 2016/679 (GDPR).
11.2. For more information on how we process data, please refer to our Privacy Policy.



12. Applicable Law and Jurisdiction
12.1. These Regulations are governed by Italian law, to the extent that the relationship is subject to the provisions of the Consumer Code and/or Legislative Decree 70/2003.
12.2. For any dispute relating to the validity, interpretation or execution of these Regulations, if the Customer is a Consumer, the court of the place of residence or domicile of the same shall have jurisdiction (art. 66-bis Consumer Code). In other cases (Business Customer), the court of jurisdiction of the Seller or otherwise agreed between the parties shall have exclusive jurisdiction.



13. Contact
For further information, reports or requests for assistance, you may contact the Seller at the following numbers:
Porteva Marina Solutions
Przestrzenna 35A, 42-200 Częstochowa, Poland
E-mail: info@porteva.eu
Tel: +48 731 735 894

Regulations for the provision of yacht floor replacement services
I. General Provisions
These Rules and Regulations, hereinafter referred to as the “Rules and Regulations,” govern the terms and conditions for the provision of yacht floor replacement services, hereinafter referred to as the “Services,” by Porteva Marina Solutions, with registered office at Przestrzenna 35a, 42-200 Częstochowa, Poland, VAT No. PL5732901426, hereinafter referred to as the “Supplier.”
The Services offered by the Supplier include:
measurement survey and design of the floor,
production of the floor,
delivery of the floor to the Customer,
installation of the floor (optional).
The Supplier’s Customer can be any natural or legal person who accepts the conditions of these Regulations.
II. Order
The order for the Services may be placed by the Customer:
by telephone,
by e-mail at: info@porteva.eu,
in person at the Supplier’s premises,
through the Supplier’s website: www.porteva.eu
The order must contain:
the Customer’s details (first and last name/company name, address, telephone number, e-mail address),
the yacht’s details (model, year of manufacture, dimensions),
the description of the floor (material, color, design),
information on additional services (e.g. installation).
After receiving the order, the Supplier contacts the Customer to confirm the order and establish the details of the Service.
The Customer’s submission of the order implies acceptance of these Rules.
III. Measurement survey and design
After the confirmation of the order, the Supplier agrees with the Client on an appointment to survey the measurements of the yacht.
There is a fee for the survey of measurements and it costs EUR 500. This amount is non-refundable and will be deducted from the final price of the Service.
Based on the surveyed measurements, the Supplier prepares a floor design and submits it to the Customer for approval.
The Customer’s approval of the design is a necessary condition for the start of production of the floor.
IV. Production
Order lead time varies from 1 to 6 weeks from the date the project is approved by the Customer.
The Supplier shall inform the Customer of the date of pick-up or delivery of the floor.
V. Prices and Payments
The price of the Floor Replacement Service is agreed individually with the Client and depends on the size of the yacht, the floor material, and the complexity of the project.
The price of the Service includes the cost of the measurement survey, design, production, and delivery of the floor.
The price of the Service does not include the cost of floor installation (additional service).
The Client is required to pay for the Service according to the agreements with the Supplier.
Accepted forms of payment: bank transfer, credit card, cash.
VI. Delivery and installation
Delivery of the floor to the Customer is made by the Supplier’s own means or by courier.
Shipping costs are borne by the Supplier.
Installation of the floor is an additional service and is charged separately.
The date of installation of the floor is agreed individually with the Customer.
VII. Complaints
The Customer has the right to file a complaint in case of floor defects or wrong performance of the Service.
The complaint must be submitted in writing within 7 days from the date of receipt of the floor.
The Supplier agrees to examine the complaint within 14 days from the date of receipt.
VIII. Responsibilities
The Supplier shall be liable for floor defects caused by its own fault.
The Supplier shall not be liable for floor damage caused by the fault of the Customer or a third party.
IX. Final Provisions.
For matters not provided for in these Regulations, the provisions of the Italian Civil Code shall apply.
These Regulations shall enter into force on February 20, 2025.