Terms & Conditions
General Terms and Conditions for Online Sales
1. "ONLINE" AGREEMENT AND CONDITIONS OF SALE
1.1. "On-line" Agreement means the distance contract having as its object the purchase of goods and/or services concluded between the company "BATTILORO HANDPAN S.r.l.", based in Rome in Via Eugenio Chiesa n. 39/A, hereinafter referred to as "Supplier", registered in the Register of Companies in Rome at no. RM - 1558393 - P.I. 14963271003, and the "Customer", as part of a remote sales system.
1.2. The contract between the Supplier and the Customer shall be concluded with the acceptance, even partial, of the order by the Supplier. This acceptance is automatic, unless otherwise communicated by the Supplier. The Customer shall accept in full the general conditions and payment transcribed in this document.
1.3. It is strictly forbidden to communicate false and/or invented personal data, necessary for the order. The Supplier reserves the right to prosecute any violation or abuse, for the protection of all customers.
1.4. The email forwarding of the order confirmation by the customer, implies the full knowledge of these General Conditions of Sale and their full acceptance.
2. HOW TO BUY
2.1. Connecting to the website www.battilorohandpan.com the customer will have the opportunity to view the instrument and may request additional information by mail or telephone.
3. HOW TO PAY
3.1. Purchases can be made through the payment methods clearly indicated on the website www.battilorohandpan.com. Credit cards or cash are accepted in our showrooms.
4.1. The Supplier will deliver the products ordered after the payment.
4.2. Times of delivery can vary from 2 to a maximum of 5 working days from receipt of payment. In the event that the Supplier is not able to make the shipment within that period of time, it will be given prompt notice by e-mail to the Customer. If the chosen product is not available, the Supplier will inform the Customer its placement on the waiting list and the timing for the receipt of goods.
4.3. The methods, timing and shipping costs are clearly stated and well highlighted on www.battilorohandpan.com website.
5. PRODUCT AVAILABILITY
5.1. The Supplier ensures the fulfillment of the orders without delay. If the instrument was required in a scale which is not available, the Customer will enter the waiting list. The Supplier will notify the Customer about the waiting time to get the chosen goods, whether the Customer confirms the order or not. After confirmation of the order the Customer agrees to pay a deposit of 30% of the value of the instrument, no later than 15 days from the confirmation of the same, failing which the request may be cancelled. In case of Customer’s withdrawal from purchase of the booked product, deposit is not refundable.
6. RIGHT OF WITHDRAWAL
6.1.Purchases on our site are subject to the regulations of Italian Legislative Decree. N. 206/2005 (Consumer Code), imposed in respect of distance contracts, in cases where the delivery of goods takes place at the residence or place specified by the Customer, as such purchases are concluded away from business premises. The Customer has the right to cancel the contract within the conventional period of 15 days from receipt of the goods, returning the purchased good to the seller. It is specified that in the event that the purchase of a product is combined with another good which is sold at a very low price or even free, the right of withdrawal will be legitimately exercised with the return of both goods, given the bond of incidental nature. The legislation provides that the right of withdrawal can be exercised only by individuals (consumers) acting for purposes that are unrelated to their business. The right of withdrawal, therefore, can not be exercised by legal entities and individuals acting for purposes related to a business. Excluded from the right of withdrawal are also purchases made by retailers or by those who in any way purchase for resale to third parties. It is necessary to have the following components, documents and data:
original packaging, intact and complete of all their parts;
At this point you can contact the Supplier via the contact details on the website, which will inform you of the steps to be taken to open the practice of withdrawal, simultaneously giving you permission to return the goods.
After activating the practice of withdrawal, you must include the original envelope containing the goods in a proper packaging, in order to protect the original covers of products from any damage or alteration. The Supplier reserves the right to refuse the goods received in conditions which are not consistent with the above procedure.
The goods will be sent by the Customer at his own expense within 10 days from the return communicated by the Supplier (art. 67 Legislative Decree no. 206/2005), to the following address: BATTILORO HANDPAN S.r.l., Via Eugenio Chiesa 39/A, 00139, ROME. The Supplier reserves as of now not to accept shipments of components or products that:
Does not contain packaging and original accessories;
Have been carried out without activating the intervention request to the Supplier;
Have been carried out without following the procedures for submission indicated by the Supplier.
In such cases the transport costs inherent in both the sending and the return will be paid by the Customer.
CUSTOMERS WHO ORDERED CUSTOM SCALES CAN NOT ENJOY THE RIGHT OF WITHDRAWAL.
7.1The Supplier is liable for any lack of conformity which becomes apparent within a period of two years from delivery. All purchased products enjoy a warranty under the Italian Legislative Decree no. 206/2005. The warranty covers the repair or free replacement of the instrument if there are manufacturing defects. Scratches, color differences, strikes on the instrument needed to give the notes and any slight asymmetry are due to the hand crafted nature of the products, and not to be considered as defects. All our instruments are heat treated. However, the possibility of rust forming is not excluded and the acrylic coloring may go away with time. The re-tuning of the instrument can vary from 50 to 200 euros, depending on the number of notes to be repaired. Shipping costs are buyer's responsability.
The warranty does not cover accidental damage and / or shock, or damage resulting from loss. The Supplier also accepts no responsibility for any damage that may directly or indirectly result to persons, things or animals from failure to follow instructions given by the Supplier concerning use and maintenance of the product.
7.2. The Customer has no right when it informs the Supplier of the lack of conformity beyond a period of one month from the date when the defect was discovered.
7.3. In case of manufacturing defect, the Customer may ask, alternately and without charge, under the conditions specified below, the repair or replacement of the item purchased, a reduction of the purchase price or termination of this contract.
7.4. The request should be sent in writing, by registered mail with return receipt or by certified mail, to the Supplier, who will indicate his willingness to act on the request, or the reasons that prevent him from doing so within seven days of receipt. In the same communication, where the Supplier has accepted the Customer request must indicate the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods.
7.5. Repair / retuning of the instrument is paid by the Customer. The assessment of the time and the amount required to repair / retuning will be made by the Supplier to the receipt of goods.
8. PROCESSING OF PERSONAL DATA
8.1 The personal information requested under the order are collected and processed to meet the expressed requirements of the Customer and will not be handled under any circumstances to third parties. The Supplier guarantees its customers the respect of rules on the processing of personal data covered by the Privacy Code under Italian Legislative Decree 196 of 30.06.2003. Personal data is collected for the purpose of registering the customer and provide him with the procedures for the execution of this contract and the necessary communications; these data are processed electronically in compliance with laws and can be produced only at the request of the judicial authority or other lawfully entitled authorities.
9.1. The sales contract between the Customer and the Supplier is concluded in Italy and regulated by Italian law.
9.2. For the solution of civil and criminal litigation arising from the conclusion of this sale contract, the local jurisdiction is the only forum in Rome.
The Supplier may modify or update at any time the present conditions of sale. Any type of variation is effective from the moment it is published on the website www.battilorohandpan.com and, accordingly, will refer to sales subsequent to the change in question.
"BATTILORO HANDPAN S.r.l." informs its customers that:
a) personal data are necessary to process orders. Failure to consent to the processing of data for promotional means and / or sales do not affect the purchase request.
b) the data may be used for marketing operations. The data will not be disclosed to third parties.
c) processing of data is done through the use of hand tools, computer and data, by the Supplier and / or its representatives. In any case the treatment is strictly related to the purposes mentioned above, however, in order to ensure the security and confidentiality of data, which will be managed and protected in areas where access is under constant control.
d) The data controller is "BATTILORO HANDPAN S.r.l.", based in Rome, Via Eugenio Chiesa n. 39/A.
e) In relation to the processing of these data the customer, in accordance with art. 7 of Legislative Decree. N. 196/2003 he has the right to obtain from "BATTILORO HANDPAN S.r.l.":
1- confirmation of the existence or not of your personal data, their communication in intelligible form and the knowledge of their origin and the logic on which the treatment is based;
2 - The cancellation, within a reasonable time, of their data, their transformation into anonymous form or blocking of data handled in violation of the law;
3 - updating of the data, their correction or, if interested, their integration;
The customer also has the right to oppose for legitimate reasons the processing of personal data concerning him, even if pertinent to the purpose of collection.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.