Terms & Conditions
0. Definitions
0.1 Client: it refers to the Company or the individual person owning and/or operating the Ship which has requested to MYS the provisions of certain Services; it may also refer to the Client’s representatives.
0.2 MYS or the Company: it refers to the limited liability company of Italian Law “Med Yacht Services s.r.l.”, with VAT no. IT- 01480580081, based in Sanremo, 17 Via del Castillo, which is providing the requested Services to the Client;
0.3 Services: it refers to the provision of goods and services, maintenance and repair, safe-keeping of object and logistic performed by MYS upon request of the Client;
0.4 Customer Registration form: the internet page (https://medyachtservices.com/customer-registration- form/) where the Client shall fill all requested information and agree the Terms and Conditions before requesting any Service from MYS;
0.5 Terms and Conditions: it refers to this document.
1. General
1.1. The provision of the Services are regulated by the Terms and Conditions contained therein.
1.2 Quantities, deadlines and prices are generally agreed in detail by the parties or, in default, are set by the Company according to usages and customs of the market.
1.3 The Client shall use the email address provided at the moment of subscription (fields of the Customer Registration form: “Captain- email” and “Invoicing details -email where you’d like to receive a copy of invoices”) , as means of communication with which to carry out business with the Company. The Client commits to monitor and keep under control the said e-mail address at all time.
2. Confirmation of data and information
2.1 The Client confirms irrevocably that all information and data provided in the Customer Registration form are true and correct.
2.2 The Client commits to communicate to the Company any change of data and information as soon as possible.
2.3 The Client agrees to indemnify the Company for any loss and damage incurred by the latter due to the change of data and information which was not timely communicated.
3. Services
3.1 MYS provides the following Services including but not limited to: provision of goods and services, maintenance and repair, safe-keeping of objects and logistics.
3.2 The Company reserves to deny any request of Services at its own discretion; if the Services is requested by a Client’s representative and the Company has ground to believe that the Client’s representative has no legal power to effect such request, the former may request the Client’s confirmation of the order.
4. Warranties for Services consisting in provision of goods and supplies – Pay and seek again clause
4.1 The present clause applies to Services consisting in the provision of goods and supplies and, in general terms, in the sale of tangible goods.
4.2 Any defect/ flaws/ lack of quality of the goods and supplies must be protested in writing within 8 days from the discovery and within one year from the delivery of the goods and supplies under penalty of forfeiture.
4.3 According to article 1462 of Italian Civil Code, no exception or protest, save that of nullity (art. 1418 of Italian Civil Code), possibility of annulment (art. 1425 of Italian Civil Code), or rescission of the contract (art. 1446 of Italian Civil Code), can be posed by the purchaser with the purpose of delaying or avoiding payment.
5. Warranties for Services consisting in the provision of repair and maintenance – Pay and seek again
clause
5.1 The Client authorizes the Company to provide such Services directly or by subcontractors.
5.2 Any protest regarding the quality of such Services must be made in writing within 15 days from the discovery and within one year from the completion of such Services.
5.3 According to article 1462 of Italian Civil Code, no exception or protest, save that of nullity (art. 1418 of Italian Civil Code), possibility of annulment (art. 1425 of Italian Civil Code), or rescission of the contract (art. 1446 of Italian Civil Code), can be posed by the purchaser with the purpose of delaying or avoiding payment.
6. Payment and Invoicing of the Services
6.1 Rates and prices are agreed between MYS and the Client at the request of the Service. Should rates and prices be not agreed upon at the request of the Service they can be set at MYS discretion any time thereafter. When Rates and Prices are agreed at the request of the Service, they can be modified afterwards due to unforeseen circumstances at the moment of the request of the Service.
6.2 In the case of rates and prices not being agreed upon at request of the Services and / or are modified due to unforeseen circumstances, the Client can dispute, under penalty of forfeiture, the prices and rates within a twenty day period commencing from the date in which the Company notifies the client of rates and prices established. Failure to advise the Company of any dispute in said timeframe, will deem the rates and prices set by the Company as irrevocably accepted.
6.3 Services are invoiced automatically with the Client’s details provided at the moment of the subscription (field of the Customer Registration form: “Invoicing details”). Any change of details must be requested within fifteen days from the receipt of the pro-forma invoice and the Company may refuse to accommodate the request of change if such change does not comply with Italian VAT regulation (d.p.r. 633/1972).
6.4 The deadlines set in paragraph 6.2 and 6.3 starts from the day the communication is sent from the Company to the e-mail address provided at the moment of the subscription (fields of the Customer Registration form: “Captain- email” and/or “Invoicing details -email where you’d like to receive a copy of invoices”).
6.5 Terms of payments are essential and established in favour of the Company.
6.6 Payment can be effected exclusively by bank transfer or credit card – all charges shall be borne by the Client;
6.7 All payment are due at the reception of the pro forma invoice in the e-mail address provided at the moment of the subscription (fields of the Customer Registration form: “Captain- email” and/or “Invoicing details -email where you’d like to receive a copy of invoices”);
6.8 Payment can be effected within 30 days from the reception as in paragraph 6.7 with no interest accrued; from the 31st day onward an interest annual rate of 8% shall be charged;
6.9 For certain Services such as bunkering, berths and provisioning of food & beverage the Company reserves the right to request payment upon the placement of the order.
7. Privacy
7.1 The Client is advised that his data will be treated exclusively for the provisioning of the Services requested and for time needed to provide such Services;
7.2 with regards to the data collected by MYS the Client may exerce the following rights according to GDPR: a) the right to be informed about our collection and use of personal data; b) the right of access to the personal data we hold about you; c) the right to rectification if any personal data we hold about you is inaccurate or incomplete; d) the “right to be forgotten” – This means the right to ask us to delete or otherwise dispose of any of your personal data that we have; e) the right to restrict (i.e. prevent) the processing of your personal data; f) the right to data portability (obtaining a copy of your personal data to re-use with another service or organisation); g) the right to object to us using your personal data for particular purposes
7.3 To contact MYS for the purpose of Privacy issues the Client may address mr Riccardo CIANI, Sole Director of Med Yacht Services s.r.l. (e-mail: riccardo@medyachtservices.com).
8. Governing Law and Jurisdiction
8.1 the Terms and Conditions and all contracts pertaining to Services rendered in the frame of the Term and Conditions are governed by the Italian Law;
8.2 The jurisdiction on any matter related to the execution and interpretation of the Terms and Conditions and all contracts pertaining to Services rendered in the frame of the Term and Conditions is vested upon the Court of Imperia (Tribunale Ordinario di Imperia).
