1. General provisions
1.1.
These general conditions of sale (hereinafter, “General Conditions”) are applicable to all sales of products (hereinafter, “Products” or “Product”) concluded remotely through the website www.sempiternvs-drums.com ( hereinafter, “Site”).
1.2.
The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”), understood as natural persons who act for purposes unrelated to their commercial, artisanal, entrepreneurial activity. or professionally performed, over the age of 18 (or, if minors, authorized by their legal representative).
1.3.
The languages available to conclude the contract through the Site are Italian and English.
1.4.
The Customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to allow his knowledge as well as storage and reproduction by the Customer pursuant to Article 12, paragraph 3, of Legislative Decree 9 April 2003, n. 70 (“Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce” – hereinafter, “Ecommerce Decree”). The Customer, at the time of the conclusion of the purchase, expressly accepts all the conditions included in this contract.
1.5.
The contracts concluded with Liuteria Respighi (as defined below) through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (hereinafter, “Consumer Code”), by the Ecommerce Decree and by the European sector regulations and by the international traits that regulate the matter, to which Italy has adhered.
2. Identification of the seller
2.1.
The seller is Sempiterus di Sergio Giovagnola, with registered office in Recanati Vicolo Verzelli N ° 9 62019 Recanati (MC), Italy, VAT number 01942620434 – C.F. GVGSRG84R01H211X
3. Information relating to products and their availability
3.1.
The information relating to the Products, with the relative product codes, are available on the Site. The same are provided in accordance with articles 52 and 53 of the Consumer Code.
3.2.
The graphic representation of the Products proposed on the Site may differ from reality. For any further information, the Customer can contact Sempiternvs Drums. Not all the Products described on the Site are or will be available at Sempiternvs Drums at the time of purchase.
4. Price
4.1.
The prices of the Products are expressed on the Site in Euros and include all applicable taxes or duties. The delivery costs indicated separately in the order form must be added to the prices of the Products.
4.2.
Sempiternvs Drums constantly checks that all prices indicated on the Site are correct, without this, however, guaranteeing the absence of errors. In the event that an error relating to the price of a Product is found, Sempiternvs Drums will give the Customer the opportunity to reconfirm the order of the Products at the correct price or to cancel it.
4.3.
The information contained on the Site does not constitute an offer by Sempiternvs Drums.
5. How to purchase
5.1.
The essential characteristics and prices of the Products are shown in the offer relating to each Product on the Site. All Product prices are indicated in euros, prices may vary depending on the model and type of leather chosen.
5.2.
Before sending an order proposal, Customers are invited to make sure they have read and understood the instructions provided during the purchase process and these General Conditions, as they will be binding once the contract is concluded. To purchase the Products, the Customer must complete and send the form with the order proposal in electronic format to Sempiternvs Drums, following the instructions contained on the Site. The Customer must configure the product on the appropriate web page, after having viewed and accepted the General Conditions, with particular reference to the contribution for delivery costs and the conditions on the right of withdrawal, as well as after having viewed the Privacy Policy, must select the desired payment method and then click on the purchase button.
5.3.
If the Customer needs to correct any data entry errors, he must follow the appropriate modification procedure indicated on the Site, before submitting his order proposal. In particular, the Customer has the right to modify the quantity of the Products he intends to purchase, adding or deleting one or more Products from the configurator.
5.4.
By sending the order proposal to Sempiternvs Drums, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept the General Conditions.
5.5.
Without prejudice to the uses of the data described in the Privacy Policy and subject to the express consent of the Customer, the form with the order proposal and the Customer data relating to the order proposal will be kept by Sempiternvs Drums for the foreseen period of time. by current legislation.
6. Methods of payment
6.1.
The Customer may pay the price of the Products and the related delivery costs by credit card, paypal or by bank transfer.
6.2.
Sempiternvs Drums accepts payments made with the following credit cards:
Visa
MasterCard
American Express
Postepay
6.3.
The transaction will be charged to the Customer’s credit card only after:
(i) the credit card details have been verified;
(ii) the debit authorization has been received from the company issuing the credit card used by the Customer and
(iii) the availability of the Product has been confirmed by Sempiternvs Drums and therefore after the order will be ready to be processed.
6.4.
No charge will be made at the time of sending the order proposal, without prejudice to any charge necessary to ascertain the validity of the credit card.
6.5.
Sempiternvs Drums also accepts payments made by bank transfer net, for the beneficiary, of any expenses or costs to be made on the following IBAN code: IT87 N076 0113 4000 0102 2028 276. Any bank charges, charged to the Customer by their bank, will be charged to the Customer.
6.6.
In the event that, for any reason, the debit of the amounts due by the Customer proves impossible, the purchase process will be automatically canceled and the purchase canceled.
7. Conclusion of the contract
7.1.
The contract stipulated between Sempiternvs Drums and the Customer must be considered concluded when the Customer receives confirmation from Sempiternvs Drums that his order proposal – sent in compliance with the purchase procedure indicated on the Site – has been successful, following verification of the availability of the Product and the charge of the price on the Customer’s credit card or, in the case of payment by bank transfer, receives confirmation of receipt of the transfer. The order proposal sent by the Customer will be binding on Sempiternvs Drums only if the entire purchase procedure has been completed regularly and correctly, without any error being highlighted by the Site.
7.2.
Sempiternvs Drums reserves the right to partially fulfill the order in the event of unavailability of one or more Products ordered by the Customer. In this case, only the amount corresponding to the partially fulfilled order will be charged.
7.3.
Sempiternvs Drums is not liable for malfunctions depending on the data transmission network manager.
7.4.
In accordance with the provisions of article 53 of the Consumer Code, at the time of order confirmation or execution of the contract Sempiternvs Drums will send the Customer, by e-mail, a summary of the General Conditions, the relative information the essential characteristics of the Products purchased, a detailed indication of the price and means of payment, information on delivery costs, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the right to withdrawal in the case of customized products, the geographical address of Sempiternvs Drums to which complaints can be made, information on assistance services and existing commercial guarantees. The Customer must immediately check the content of the communication and immediately report any errors or omissions to Sempiternvs Drums.
8. Invalidity of the order proposal
8.1.
Notwithstanding the provisions of paragraph 7 above, no order proposal must be considered accepted by Sempiternvs Drums and no contract must be understood as concluded between Sempiternvs Drums and the Customer if Sempiternvs Drums has reasonable and well-founded reason to believe that the Customer:
(i) intends to purchase the Products for purposes related to his own or others’ business or professional activity, in compliance with the provisions of paragraph 1.2 of these General Conditions; that is to say
(ii) does not operate on the basis of an effective and genuine interest in purchasing the ordered Products, or
(iii) abusively exercises the right of withdrawal recognized in paragraph 13 below.
8.2.
In such cases, the order proposal sent by the Customer must be deemed to be void of any validity and effectiveness. Sempiternvs Drums will send the Customer, by e-mail, a communication certifying the non-acceptance of the order proposal by Sempiternvs Drums and the failure to conclude the contract, also taking care of the cancellation of any charge and / or expense to charged to the Customer.
9. Transport and delivery
9.1.
For security reasons, the Products purchased on the Site will be delivered to the address registered on the credit card, unless otherwise indicated by the Customer and at the time of delivery, the signature of the Customer or a delegated adult over 18 years of age will be required. made deliveries to post office boxes.
9.2.
In case of payment by bank transfer, shipments will be made from the moment of receipt of the transfer by Sempiternvs Drums.
9.3.
For each order placed on the Site, Sempiternvs Drums will issue an invoice for the Products shipped, sending it by e-mail to the order holder, pursuant to Presidential Decree 445/2000 and of Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.
9.4.
Delivery costs are charged to the customer and are clearly highlighted in the order form.
9.5.
All purchases will be shipped by express courier (hereinafter, “Courier”) from Monday to Friday, excluding Saturdays, public holidays and local or national holidays, and in any case after 15 working days from the date of the order proposal. Courier delivery times can be up to a maximum of 5 more working days. Sempiternvs Drums is not responsible for unforeseeable delays and / or attributable to the Courier alone. In the case of products including engraving, 3 working days will be added for production.
9.6.
In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with Article 54 of the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days from the day following the conclusion of the contract in compliance with paragraph 7.1 above, unless Sempiternvs Drums communicates – within the same term or by the latest agreed delivery date, also by e-mail – the impossibility of delivering the Products ordered following the unavailability, even temporary, of the Products. In the event of such communication, Sempiternvs Drums will refund any sums already paid by the Customer for the payment of the supply.
9.7.
In the event that, following the communication by Sempiternvs Drums of a delay in the delivery date, the Customer wishes to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 (thirty ) days from the date of receipt by Sempiternvs Drums of the communication of cancellation of the order except for customized Products, in accordance with the provisions of paragraph 12 below.
9.8.
For the delivery of the Products, the presence of the Customer or his representative must be present at the address of the recipient indicated in the order. Upon delivery of the Products by the Courier, the Customer is required to check:
(i) that the number of packages delivered corresponds to what is indicated in the transport document (DDT);
(ii) that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials. Any damage to the packaging and / or the Product or the mismatch in the number of packages or information must be immediately reported in writing on the Courier’s proof of delivery. Once the Courier’s document has been signed without the Customer having made any objection, the Customer will not be able to make any objection regarding the external characteristics of the delivered package.
10. Confirmation of shipment and delivery
10.1.
Sempiternvs Drums will send the Customer a confirmation e-mail once the Products have been shipped, as well as a subsequent communication confirming the delivery made.
11. Right of withdrawal and cancellation of orders
11.1a Percussion and Personalized Accessories
Sempiternvs Drums wishes to guarantee complete customer satisfaction. With the conclusion of the contract, the Customer accepts that the purchased product is a customized product.
In accordance with the provisions of Article 55, paragraph 2, letter c), of the Consumer Code, the right of withdrawal (provided for by Legislative Decree 206/2005), cancellation or return, which would otherwise be available, is excluded. in the case of orders relating to customized products, for example through the choice of woods on the product or measures, or of name and initials engravings, graphics.
The Customer acknowledges that the graphic representation proposed on the Site may differ from reality: the images, 3d renderings and photographs of the footwear may not reflect the actual appearance of the final product.
In any case, you can make the right of withdrawal or return only in the event that the product has obvious manufacturing defects as long as these are returned by the Customer as new, unused and undamaged, as well as accompanied by the relative original invoice, and with Sempiternvs Drums institutional packaging. This right may be exercised within 365 days from the date of order confirmation.
As this is an artisanal product, non-homogeneous shades of color, small imperfections in the wood or small marks due to craftsmanship will not be considered defects.
The cancellation of the order by the customer is not allowed once Sempiternvs Drums has communicated to the Customer the confirmation of acceptance of the order.
11.1b Non-personalized items
Sempiternvs Drums guarantees the right of withdrawal for all non-personalized items sold on the website www.sempiternvs-drums.com According to Legislative Decree 21/2014, the right of withdrawal can be exercised within 14 days of receipt of the goods. Sempiternvs Drums will reimburse the customer for the full amount already paid, net of shipping costs, within 14 days from the date of withdrawal of the product. The product must be returned in an intact state of conservation, with the original labels and with careful packaging in order to safeguard the original packaging.
11.2.
To exercise the right of withdrawal, the customer must send an e-mail to sergio-giovagnola@alice.it containing:
(i) the manifestation of the will to exercise the right of withdrawal or return;
(ii) an indication of the products for which the customer wishes to make use of the right of withdrawal;
(iii) the unique order number communicated by Sempiternvs Drums at the time of the purchase confirmation;
(iv) IBAN code if the payment was made by bank transfer;
(v) photo certifying the manufacturing defect on the product.
11.3.
In case of exercise of the right of withdrawal, Sempiternvs Drums will refund the full price of the Products in relation to the payment method made by the Customer, provided that these are returned by the Customer as new, unused and undamaged, as well as accompanied by the relative invoice. original, and with the institutional packaging Sempiternvs Drums.
11.4.
Sempiternvs Drums reserves the right to refuse the return of those Products that do not comply with these requirements, or that do not have obvious manufacturing defects.
11.5.
The costs for returning the Products are charged to the Customer, including any taxes and customs duties. Any expenses incurred by the Customer for the return will not be refundable.
11.6.
Sempiternvs Drums undertakes to reimburse the Customer no later than 30 days from the date of receipt by Sempiternvs Drums of the order cancellation or withdrawal notice.
11.7.
It is recommended to send the Products to be returned using a courier, insuring the full amount of the goods, and taking care to receive a tracking number to allow tracking of the shipment. Sempiternvs Drums will not be liable for reimbursement or compensation relating to Products shipped by the Customer but which have never been received by Sempiternvs Drums due to loss, theft or damage that are not attributable to Sempiternvs Drums.
11.8
If the Customer wishes to modify or cancel the order already sent, he must promptly send, and in any case before receiving the order confirmation e-mail, an e-mail to sergio-giovagnola@alice.it.
12. Product replacement
12.1.
Sempiternvs Drums intends to provide customers with the possibility of replacing the Products purchased on the Site. Only products with evident manufacturing defects can be replaced.
12.2.
To exercise the right of withdrawal, the customer must send an e-mail to sergio-giovagnola@alice.it. containing:
(i) the manifestation of the will to make use of the right of substitution;
(ii) an indication of the products for which the customer wishes to make use of the right of replacement;
(iii) the unique order number communicated by Sempiternvs Drums at the time of the purchase confirmation;
(iv) photo certifying the manufacturing defect on the product.
12.3.
In case of exercise of the right of replacement, Sempiternvs Drums will refund the full price of the Products by issuing a voucher of the same value that can be used for purchases on the website www.sempiternvs-drums.com, provided that that these are returned by the Customer as new, unused and undamaged, as well as accompanied by the relative original invoice, and with the Sempiternvs Drums institutional packaging.
12.4.
Sempiternvs Drums reserves the right to refuse the replacement of those Products that do not comply with these requirements, or that do not have obvious manufacturing defects.
12.5.
The costs for returning the Products are charged to the Customer, including any taxes and customs duties. Any expenses incurred by the Customer for the return will not be refundable.
12.6.
Sempiternvs Drums undertakes to reimburse the Customer no later than 30 days from the date of receipt by Sempiternvs Drums of the replacement notification.
12.7.
It is recommended to ship the Products to be replaced using a courier, insuring the full amount of the goods, and taking care to receive a tracking number to allow tracking of the shipment. Sempiternvs Drums will not be liable for reimbursement or compensation relating to Products shipped by the Customer but which have never been received by Sempiternvs Drums due to loss, theft or damage that are not attributable to Sempiternvs Drums.
13. Lack of conformity
13.1.
If a Product sold by Sempiternvs Drums should show a manufacturing defect and in any case for any alleged lack of conformity relating to Products sold by Sempiternvs Drums, the Customer must send an e-mail to sergio-giovagnola@alice.it.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right to restore, without charge, the conformity of the goods by repair or replacement or, in the event that these remedies fail, to an adequate reduction in the price or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Sempiternvs Drums within the term of 365 days from the date of confirmation of the purchase order.
14. Errors or inaccuracies
14.1.
Sempiternvs Drums undertakes to provide constantly updated information in the sections of the Site relating to the description and / or sale of the Products. However, the complete absence of errors cannot be guaranteed. The pages of the Site in question may contain typing errors, inaccuracies or omissions, for example relating to the price, availability of the Product, and to the information sheet of the Product itself. Sempiternvs Drums reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to change or update information at any time without prior notice.
15. Guarantee of authenticity and intellectual property rights
15.1.
Sempiternvs Drums guarantees the authenticity of all Products purchased on the Site. The “Sempiternvs Drums” branded products are made with the best materials, are packaged by artisans, and are all rigorously and entirely MADE IN ITALY, except for some hardware parts generic.
15.2.
The “Sempiternvs Drums” trademark, as well as all the figurative and non-figurative trademarks, service marks, present on the Products, on the related accessories and / or packaging, shape marks, whether registered or not, as well as all the illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of the company Sempiternvs Drums.
16. Applicable law and competent court
16.1.
These General Conditions are governed by Italian law and must be interpreted in accordance with Italian laws, EU and international laws if the traits have been ratified by Italy.
16.2.
For disputes arising from the interpretation, validity and / or execution of these General Conditions, the mandatory territorial jurisdiction will be that of the Milan court.
17. Online Consumer Dispute Resolution
17.1.
Consumers residing in Europe must be aware of the fact that the European Commission has set up an online platform for alternative dispute resolutions which provides an out-of-court method to resolve any disputes relating to online sales and services. Consequently, European consumers can use this platform for the resolution of all disputes deriving from the contract stipulated online with the owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
18. Contacts
18.1.
For assistance on how to purchase online or for more information on Sempiternvs Drums products, the customer can contact sergio-giovagnola@alice.it.
The Customer can contact Sempiternvs Drums by post at the following address:
Sempiternvs Drums
Vicolo Verzelli N ° 9
62019 Recanati (MC)
Italy