GENERAL CONDITIONS OF SALE
The offer and sale of products on the website shaktipan.com governed by these general conditions of sale.
The products offered are sold directly by Andrea Tonella Sole Proprietorship, with registered office in 13817 Sordevolo, Via Livio Pivano 5E/1, VAT number 02506940028.
The purchase agreement is available in Italian.
In view of the supplier’s commercial policy, the supplier reserves the right not to follow up orders which do not comply with the commercial policy itself.
These general conditions of sale can be consulted at any time under the heading “Terms and conditions” on the website shaktipan.com.
The buyer will be able to find any information about Shaktipan through the support services email@example.com.
1. Identification of the supplier.
The goods covered by these general conditions of sale and displayed on shaktipan.com are the property of Andrea Tonella Sole Proprietorship.
Reproduction of the site is prohibited.
Unauthorized use of the website shaktipan.com may give rise to claims for damages and/or constitute a criminal offence.
All content posted on shaktipan.com is subject to intellectual property laws and copyrighted.
Copying, altering, translating, distributing, using, storing, and/or publishing the contents of the site shaktipan.com is prohibited.
Downloading, viewing and printing the contents of the shaktipan.com site is permitted for personal use only and excludes the buyer from claiming any rights to the material contained therein.
2. Recipients of the contract.
Purchase orders will be shipped from Italian territory, in the countries belonging to the European Union and in most countries of the world where there are no restrictions or problems in reaching the place.
The seller offers for sale, on shaktipan.com, products and carries out his sales activity”to order”.
Only “subjects” with a valid delivery address can proceed to purchase the items.
The sales contract and these General Terms and Conditions are addressed both to consumer entities – i.e. natural persons and, pursuant to art. 3 of the Consumer Code, act for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity carried out – than to professionals.
If the end user is a Consumer subject, the rules of the Consumer Code apply (Legislative Decree 06.09.2005, n. 206 and subsequent amendments and additions).
The Professional end user in Europe must be in possession of a VAT number.
3. Conclusion of the contract.
The site shaktipan.com a showcase (it’s not an ecommerce).
To proceed with the purchase, the buyer must contact Andrea Tonella Sole Proprietorship, accessing the appropriate shaktipan.com/waiting list website, entering their personal data and filling in the product request message.
The products offered on the website www.shaktipan.com are made and can only be purchased “to order” (1 or more pieces) through the subscription of a waiting list (see the section of the shop-waiting list site https://shaktipan.com/lista-dattesa/) followed by the sending by email by Andrea Tonella Individual Company of the cost estimate.
If the buyer accepts the quote, after confirming the order by e-mail, he must pay a deposit equal to 20% of the total price by bank transfer at the following IBAN coordinates IT31R0326822300053926597990 to the current account in the name of Andrea Tonella no later than 14 days after the confirmation of the order.
The sending by the buyer of the confirmation of the order implies the full knowledge and express acceptance of the General Conditions of Sale, also pursuant to and for the effects of articles 1341 and 1342 c.c.
Upon receipt of the confirmation of the order and the payment of the deposit, Andrea Tonella Sole Proprietorship will send the buyer an e-mail to take charge of the order with the wording “Order completed”, which represents the conclusion of the sales contract.
Once the sales contract has been concluded, in the event of the buyer’s withdrawal, the deposit paid will not be refunded.
The buyer is prohibited from entering false and/or invented and/or fancy data into the registration procedure.
4. Characteristics and availability of the goods.
The products offered on the website www. shaktipan.com are made “to order”.
Once selected the desired product, in the waiting list section, Andrea Tonella Sole Proprietorship, will communicate the waiting times for the realization and delivery of the chosen product.
The products that appear on shaktipan.com to the Shop-Buy section are now unique pieces already present in the warehouse of Andrea Tonella Ditta Individuale or under construction. For the purchase or information on the real availability of the aforementioned products, the customer must contact the seller directly by e-mail at the address firstname.lastname@example.org or through the “contacts” form.
If the chosen product is no longer available, Andrea Tonella Sole Proprietorship will inform the customer by email/ phone.
All the sales prices of the goods indicated on the shaktipan.com site are expressed in euros (€) and constitute an offer to the public pursuant to art. 1336 c.c.
Sales prices include VAT.
The costs of the “bag”,which is produced in its own right, the shipping costs and the customs taxes or taxes applied by the state ofreceipt of the goods, which are in any case borne by the customer, are excluded.
If the ordered goods are delivered outside italy, the buyer may be subject to import duties and rates, payable once the package reaches the specified destination. Any additional customs clearance fee is borne by the buyer.
These costs will be calculated and communicated to the buyer at the time of sending the quote.
Product prices may be subject to change (for example, and not limited to, depending on the type of instrument required, the number of notes, size, materials, etc.) and/or updates; the buyer is required to verify the final price before proceeding to the confirmation of the order.
6. How to pay the price balance.
The payment of the price balance must be made by bank transfer to the following IBAN coordinates IT31R0326822300053926597990 to the current account in the name of Andrea Tonella, at the time when Andrea Tonella Sole Proprietorship will send by email confirmation that the product is “ready”, and in any case no later then 14 days.
If the product ordered has been selected in the Shop buy now the payment must be made at the same time as the order.
7. Time and method of delivery of the goods.
Andrea Tonella Sole Proprietorship will deliver the ordered goods after receipt of the price balance.
The ordered goods will be delivered by courier in accordance with the procedures stipulated in the contract concluded between the supplier and the transport/shipping company, at the address indicated as the delivery address.
The delivery of the goods will require the signature of a person of legal age, be it the buyer or person appointed by them. The mismatch of the packages and any damage to the packaging must be reported immediately, by setting a written check reserve on the proof of delivery of the courier.
Orders will be processed and delivered From Monday to Friday, excluding holidays, national holidays and summer and Christmas closing periods.
Alternatively, the buyer can personally pick up the goods ordered at the laboratory, by appointment and confirmation with the manufacturer.
The time of realization of the goods can vary from about 2 to 3 months from the receipt of the payment of the deposit of 20% of the total price.
The products will be delivered to the buyer in 3 / 4 working days from the conclusion of the purchase contract in case of product present in stock or in 2 / 3 working months from the conclusion of the purchase contract in case of product made “to order”.
The estimated shipping and delivery times are indicative and it is not possible to fully rely on them. Delivery deadlines are not binding; Andrea Tonella Sole Proprietorship assumes no responsibility for any prejudices arising from delays in delivery.
In the event that the seller is not able to make the shipment within that deadline, but in any case in compliance with the provisions of art. 61 of the consumer code, the buyer will be given timely notice by e-mail.
At the time of shipment of the goods an email will be sent directly by the courier, who will take charge of the shipment containing the information related to the shipment of the product and the expected date of delivery and a shipping number that will allow you to track the shipment itself. Please note that the shipping tracking service is not available for all countries and is at the discretion of the shipping company.
In case of non-delivery to the address indicated by the buyer in the order, a second attempt will be made to deliver to the same address. If the courier fails to deliver the goods even on this second attempt, it will be placed in the warehouse of the courier closest to the delivery address and the buyer will be given notice. The inventory costs will be charged to the buyer.
The goods are delivered only in the territories indicated in these General Conditions of Sale and it is not possible to make deliveries to a postbox address.
It is not possible to group two separate orders executed separately; shipping costs will apply to each order.
In the event that the order is fulfilled through multiple shipments, the buyer can receive multiple separate tracking numbers.
If upon receipt the purchased goods are different from the one in the order placed, the buyer must promptly notify the seller of the circumstance, no later than 14 working days and provide for the return of the goods by courier. The seller, upon receiving the return package, will send the correct product to the buyer. In this case, both shipping costs (incorrect return of the product and delivery of the correct product to the buyer) will be charged to the seller.
8. Right of withdrawal.
The Consumer buyer has the right to withdraw from the contract for any reason, without the need for explanations and without penalty, subject to the exceptions indicated below, within 14 days of receipt of the goods. In this case, the buyer must return the goods to the seller within 14 working days from the time they receive the products.
If the purchaser has instructed a person of his trust to withdraw, his right of withdrawal shall run from the day of delivery of the goods to the person designated by the person designated by him, except as provided for above.
In order to exercise the right of withdrawal, the relevant communication must be sent before the expiry of the 14-day period.
If the buyer decides to avail himself of the right of withdrawal, he must communicate it to the seller by registered mail A/R at the aforementioned registered office or by e-mail at address email@example.com, which must contain, pursuant to 49 paragraph 1 letter h) of the consumer code, which is indicated in Annex 1 letter B of the Code.
For the purpose of exercising the right of withdrawal, the sending of the communication can validly be replaced by the return of the purchased goods, provided in the same terms.
The goods must be returned by courier in the original packaging and integrated and in an appropriate package and suitable to protect the goods.
It is understood that only undamaged products can be returned. Andrea Tonella Sole Proprietorship will not be liable for damages resulting from improper use of the product.
Returned products must be sent to the Seller in a single shipment.
There will be no refund for refunds that do not meet the above conditions; in this case, the buyer may regain, at his own expense, the goods in the state in which it was returned. Otherwise, the supplier will be able to retain the goods, in addition to the sums already paid for their purchase.
9. Effects of the withdrawal exercise.
The seller will refund all payments received in relation to the goods for which the buyer has exercised the right of withdrawal, excluding the cost of the first shipment, within 14 days from the day on which the communication relating to the exercise of the right of withdrawal is received.
The buyer in Italy can use the shipping company used by Andrea Tonella Sole Proprietorship for the delivery of the goods and for this purpose must contact the Seller at the e-mail address firstname.lastname@example.org to organize the collection with the courier.
In this case, the payment of the costs of returning the purchased products will be made, on behalf of the buyer, directly by the Seller, who will free the buyer from any obligation to pay to the shipper. The Seller, for the payment of the return, will with hold from the refund a sum equal to the cost of the shipment for the return of the goods itself (estimated cost by email).
In the event that the buyer decides to use for the return of the goods to the seller of different shippers, the shipping costs will be understood to be at his sole expense. The returned goods must be sent to the address: Andrea Tonella Sole Proprietorship, with registered office in Sordevolo, Via Livio Pivano 5E/1, 13817 Italy.
With regard to the exercise of withdrawal abroad (EU and rest of the world) the buyer will have to use for the return of the goods to the seller of his own shipper or his own service of national post office, the shipping costs for the return will therefore be understood to be at his sole expense. The seller reserves the right to withhold the refund until he has received the goods or until the buyer has provided proof that he has returned it, depending on what situation occurs first. In any case, in order to be entitled to a full refund of the price paid on the products purchased, excluding the cost of the first shipment,the goods must be returned intact and, in any case, in normal condition. If the returned items show damage or signs of wear and tear resulting from a manipulation not necessary to determine their nature and characteristics, the supplier will be entitled to withhold from the refund an amount corresponding to the decrease in value.
Upon receipt of the communication by which the purchaser communicates the exercise of the right of withdrawal, the parties shall be released from each other’s obligations, without prejudice to the provisions of the preceding points of this Article.
10. Guarantees and limitations of liability.
Andrea Tonella Sole Proprietorship is responsible for compliance defects that may occur within two years of the delivery of the goods.
In the event of a manufacturing defect, the buyer may demand either the free repair or replacement of the goods or a reduction in the purchase price or the termination of this contract. The request must be made in writing.
Andrea Tonella Sole Proprietorship is not responsible in case of non-substantial differences between the purchased goods and their illustrative images and descriptions published on the shaktipan.com website (for example and not exhaustive, in case of asymmetries, color discreformity, possible presence of scratches, etc.).
Andrea Tonella Sole Proprietorship is not responsible for accidental damage to the goods.
Andrea Tonella Sole Proprietorship is not responsible in case of delay in the delivery of the purchased goods.
Without prejudice to the case of gross negligence or misconduct, the supplier will be solely liable for direct and foreseeable damages at the time of conclusion of the sales contract. It will therefore not be liable for any losses incurred, loss of earnings or any other damage that is not an immediate and direct consequence of its non-compliance or that was not foreseeable at the time of conclusion of the sales contract.
Andrea Tonella Sole Proprietorship is not responsible if the goods purchased do not arrive intact to the buyer as provided for in the contract concluded between the seller and the shipping/transport company; Andrea Tonella Sole Proprietorship is therefore not responsible for defects in the goods caused by the delivery made by third parties. However, the buyer has the right to insure the package by paying an additional sum equal to 1.5% of the price of the goods to be paid at the time of the price balance.
Andrea Tonella Sole Proprietorship cannot be held responsible for the non-compliance, in whole or in part, with the obligations assumed under these General Conditions of Sale in the event that the non-compliance is due to force majeure (for example and not limited to: cases of disruption, strikes of postal services, means of transport and / or communication).
11. Obligations of the buyer.
The buyer undertakes to pay the price of the goods purchased within the times and ways indicated in these General Conditions of Sale.
The buyer undertakes, once the purchase procedure has been completed, to ensure the preservation of the purchase order. The information contained therein is to be understood already seen and accepted by the buyer, who acknowledges it.
12. Use of personal data.
13. Applicable law and competent court.
These General Conditions of Sale are regulated and must be interpreted in accordance with Italian laws, by Legislative Decree 06.09.2005 n. 206 on the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 09.04.2003 n. 70 on certain aspects concerning electronic commerce, and are an integral part of the sales contract.
For the professional end user in Italy, for all disputes arising from the interpretation and/or execution of the sales contract and these General Conditions of Sale, the competent forum is the Biella Forum.
If the end user is a Consumer, the competent court is exclusively that of the consumer’s place of residence or domicile if located in the state territory, which can be inescapable under the Consumer Code.
In any case, the buyer already agrees to resolve any disputes – prior to the court – through alternative dispute resolution (ADR) methods, such as mediation or assisted negotiation, even if their experiment is not mandatory.
Please note that for the Consumer residing in Europe, the European Commission has established an online platform that provides an alternative dispute resolution tool to out-of-court resolve any dispute relating to contracts for the sale of goods and services concluded online and/or deriving from them. The European platform is available at the link: https://webgate.ec.europa.eu/odr.
14. Final provisions.
The failure of Andrea Tonella Sole Proprietorship to exercise the rights deriving from these General Conditions of Sale does not imply a waiver of these rights and does not compromise the right of Andrea Tonella Sole Proprietorship to avail himself of these rights subsequently.
The buyer is not relieved of his commitments to comply on time and in full with his obligations under these General Conditions of Sale.
The nullity and/or ineffectiveness of one or more of these clauses does not result in the nullity and/or ineffectiveness of the General Conditions of Sale as a whole, which will continue to be fully valid, effective and binding.
Andrea Tonella Sole Proprietorship reserves the right to modify these General Conditions of Sale, publishing on the website shaktipan.com the new conditions.
The applicable General Terms of Sale are those in force at the time the conclusion of the sales contract has been finalized.
Any communication and/or declaration relating to the contractual relationship must be made in writing by e-mail to the address email@example.com.
Last updated 29/10/2020