GENERAL TERMS AND CONDITIONS

The following provisions govern the in-store and online sale of the items offered by Guitar Sauce by Claudio Mauri, a commercial company which, through its shop located in Lecco – Via Cesare Cantù 20 and its website www.guitarsauce.eu, offers its customers musical instruments, works of art and accessories. 

DEFINITIONS 

– Seller is Guitar Sauce by Claudio Mauri, sole proprietorship with a registered office in Lecco – Via Quarto 23. 

– Customer , Purchaser or Buyer is the person indicated in the Purchase Proposal.

The Customer will be defined as: 

– Consumer: natural person who acts for purposes unrelated to entrepreneurial, commercial, craft or professional activity; 

– Professional: natural or legal person who acts in the exercise of his own business, commercial, craft or professional activity, or an intermediary. 

Art. 1 – Object and conclusion of the contract

1.1 To make a purchase proposal you must be of age. By signing the Proposal, the Client is responsible for the truthfulness of the information provided. 

1.2 By signing in-store or submitting the Purchase Proposal online, the Customer fully accepts these General Terms and Conditions, drawn up in compliance with current legislation and, in particular, with Legislative Decree 6 September 2005 n. 206 (so-called Consumer Code). 

1.3 These General Contract Conditions, together with the Purchase Proposal and its possible attachments, form the Sales Contract, to be considered the only contractual source that regulates the relationship between the Customer and the Seller. 

1.4 The Purchase Proposal, together with the General Conditions, may be signed by the Buyer in writing directly at the Guitar Sauce sales office or through a specific electronic procedure on the Seller’s website, after registering and creating a personal account. 

Guitar Sauce will in no case be held responsible for any damage caused to the Customer by theft, loss or theft, improper or fraudulent use of access credentials. 

1.5 By signing the Purchase Proposal, together with the General Conditions of Sale, the Buyer undertakes to purchase the items covered by the Purchase Proposal itself, under the conditions, terms and methods indicated therein. Guitar Sauce will be free to accept or decline said Proposal. 

If the Proposal is accepted, the Customer will receive an order confirmation by e-mail. 

1.6 The contract will be considered finalized: a) when the order confirmation is received by the Buyer; or b) at the time and place in which the delivery of the item should take place. 

1.7 Although Guitar Sauce undertakes to do its utmost to ensure the supply of the proposed products, its sales commitment is subject to the stock of the product and its availability until the end of stocks. 

In any case in which Guitar Sauce should not be able to deliver the products requested by the same to the Customer, its obligation cannot go beyond the return to the Customer of any amounts already paid, excluding any penalty and / or compensation for non-fulfillment. 

Art. 2 – Security deposit

2.1 The Buyer accompanies the Purchase Proposal with the payment of an amount equal to 10% of the price, as a non-interest-bearing security deposit.  2.2 At the time of the balance by the Buyer, the amount of the security deposit will be charged to the price. 

Art. 3 –  Seller’s right of withdrawal

3.1 After the completion of the Contract, the Seller will in any case have the right to withdraw freely, pursuant to art. 1373 of the Civil Code, from the Contract itself up to the time of delivery to the Buyer of the goods. The foregoing is without any liability and without obligation to pay the Buyer any amount by way of consideration for the right of withdrawal and / or for its exercise or for any other reason. 

Art. 4 – Consumer Buyer’s right to reconsider

4.1 For purchases made online only, therefore excluding those completed in the store, the Consumer Buyer, therefore excluding Professionals, will have the right to withdraw from the Contract, without any penalty and without burden of specifying the reason, within fourteen working days from receipt of the goods, provided that it does not present, at the time of delivery, damage, deterioration or deterioration.  4.2 The right can only be exercised by sending the declaration of withdrawal to the Seller within the period indicated above by registered letter with return receipt. The burden of proof regarding the exercise of the right lies with the Buyer.  4.3 The goods, if already delivered, must be returned to the Seller by the Buyer, at his own expense, within fourteen days from the date on which he communicated his decision to exercise the right of reconsideration.

The goods must be returned intact, carefully packed in its original packaging and complete with any manuals and accessories, without any lack. The right of reconsideration is totally lost if the returned product is not intact. 

4.4 The reimbursement of the price resulting from the exercise of the right of withdrawal will take place within fourteen days from the moment in which the Seller has received the goods.  4.5 The Seller will make the refund using the same payment method used by the Consumer for the initial transaction. 

4.6 The Seller, in addition to the price, will have to reimburse the “standard” delivery costs, i.e. the least expensive type of shipment, while he will not be required to reimburse any additional shipping costs. 

4.7 As regards purchases with collection at the Seller’s shop, the right of reconsideration is not applicable as it is not a question of distance selling. In fact, in this case, the consumer has only booked the product via the internet, but has not yet purchased it and to do so he will have to go to the store. 

Art. 5 –  Obligations to be borne by the Buyer

5.1 The Purchaser must pay the balance of the price before shipping the goods, unless otherwise agreed in the Purchase Proposal.  5.2 Any payment made in the hands of unauthorized persons and / or by unauthorized means of payment will be considered non-existent and as never occurred and will consequently not release the Buyer from its obligations.  5.3 Should the Buyer request installment financing for the balance of the price, the payment will be considered finalized only after the acceptance of the relative proposal and the crediting of the sum to the Seller. 

Art. 6 – Obligations to be borne by the seller’s

6.1 The delivery of the goods will be made at the Guitar Sauce sales office in the case of in-store purchase or by traceable express courier in the case of online purchase. 

6.2 The Seller uses the best couriers to offer a fast and reliable service, but any delays in delivery not attributable to him will not give the buyer the right to termination of the contract and / or compensation of any damage. 

Art. 7 – Warranty conditions

7.1 The Seller guarantees the absence of flaws and defects in the new disposed good for a period of two years, as per law, in the case of Consumer Purchaser. In the case of the sale of used goods, the guarantee will instead have a duration of one year. In the case of a Professional Buyer, the warranty will always last one year. The aforementioned warranty periods will start from the delivery of the item to the Buyer. 

7.2 The guarantee is excluded in cases where the defects were found, according to normal diligence, at the time of viewing and / or delivery of the goods or were highlighted by the Seller during the negotiation. 

7.3 The Seller will not, however, be required to reimburse any costs for repairs carried out by third parties, unless expressly authorized by him in writing. 

7.4 In the presence of defects in the alienated asset, the Seller undertakes to restore the asset free of charge. Restoration means the repair of the goods by replacing any defective parts, even with used spare parts as long as they are adequate for the conditions of the goods. The restoration must be carried out at no cost to the Buyer and will include the repair or replacement of the defective part, the labor costs for the replacement or repair services as well as the supply of consumables necessary to perform the repairs under warranty. 

Only if the restoration is not feasible, will the goods be replaced or, if this is not possible, the proportional reduction of the price or, in the extreme alternative, the termination of the contract. 

7.5 The right to the guarantee does not exist when: 

  1. a) the defect has appeared after the expiry of the relative period; b) the Buyer has not reported the defect to the Seller promptly within the terms of the law;
  2. c) the asset has been used incorrectly or differently from the normal use for which it is intended;
  3. d) the requirements regarding the use and maintenance of the asset have not been respected;
  4. e) in the event of interventions, modifications or tampering carried out on the goods by the Buyer;
  5. f) the defects derive from normal use and wear;
  6. g) for components subject to wear.

7.6 Flaws, defects and damages deriving from natural or atmospheric events, unforeseeable or force majeure are excluded from the guarantee. 

Art. 8 – Exchange

8.1 The Seller reserves the right to evaluate any exchanges at its sole discretion, in any case subject to viewing the goods and its careful verification, which can also be carried out by an expert appointed by the Seller. To this end, the Purchaser unreservedly agrees to have his goods viewed and verified by the Seller or his representative. 

8.2 In the event of completion of the exchange, the Purchaser declares and guarantees that the sold good has not suffered damage or tampering and, more generally, that there are no circumstances not reported to the Seller that could affect the evaluation and correct functioning of the good itself. . 

8.3 If the declarations and guarantees indicated above do not correspond to the truth, the Seller may refuse to collect or keep the used good being exchanged and demand full payment of the price of the good being traded. 

 

Art. 9 – Contractual amendments

9.1 Under penalty of nullity, any amendments to the Contract must be in written form and be signed by both parties. 

Art. 10 – Reference to the law

10.1 For anything not expressly regulated in the Contract or in the event of doubts regarding its interpretation, the laws in force on the subject will be applied. 

Art. 11 – Applicable 

11.1 The law applicable to this Agreement and to the obligations arising from it is the Italian one. 

Art. 12 – Jurisdiction

12.1 For any dispute relating to the validity, interpretation, execution or termination of the Contract or in any case related to it for any reason, the Court where the Purchaser has his residence or domicile (if located in Italy), in the case of a Consumer. 

Otherwise, the Court of Lecco will have exclusive jurisdiction. 

Art. 13 – Election of domicile

13.1 For all purposes, the Seller and the Buyer elect their respective domiciles at the respective offices and residences indicated in the Purchase Proposal. 


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