Purchase and use conditions on SHOOTING TECHNOLOGY Website
PURCHASE AND USE CONDITIONS
The present document (alongside with the documents mentioned above) contains the conditions that control the use of this website (www.shooting-tech.com/en) and the purchase of the items contained in it (shown below the “Conditions“).
We recommend to carefully refer to these present Conditions, to the Cookies’ note and to the note regarding the Protection of Personal Data (jointly shown below the “Data Protection Policy“) before using this website. We inform you that the use of this website, or the transmission of an order through it implies the reception of these aforementioned Conditions and Data Protection Policy, as so if you do not agree with all the aforementioned Conditions and Data Protection Policy, you are requested not to make use of this website.
For any request, doubt or question related to the Conditions and the Data Protection Policy, you can get in contact with us by using the specific contact form.
The Contract (as defined below) can be refined, as You wish, in any of the languages which are present in the Conditions of this website.
2. OUR DATA
The sale of the items through the present site is managed with the title of TECHNIQUE ENGINEERING SNC of A. Busin& C., Italian company, VAT Number 03122570249 – REA300945, phone number (+39)0445 576528, e-mail address email@example.com
3. YOUR DATA AND ACCESS TO OUR WEBSITE
The information or the personal data provided by the user are to be treated as established in the Data Protection Policy.
By using this website, You authorize us to the handling of this information and of your personal data and declare that all the information and/or the personal data supplied are true and accurate.
4. USE OF OUR WEBSITE
By using the present website and/or completing orders through it, You agree to:
- make use of this website only to effect consultation or legally efficient orders;
(ii) do not actualize illicit or fake orders. If we have plausible motivations to believe that it has been completed an order of this kind, we will be authorized to cancel it and inform the authorities in charge;
- submit your e-mail, your mail address and/or other contact information in a sincere and adequate way. At the same time, You consent the use of this information by us in order to get in contact with You (if necessary, please take a look at the note regarding the Personal Data Protection).
In case all the information we will need are not submitted, we will not be able to complete your order.
By implementing an order through this website, You pledge to be of age (from 18 years old upwards) and to own the legal discretion in order to stipulate binding contracts.
5. SERVICE AVAILABILITY
The offered items in this website are exclusively available for delivery within the European territory.
6. CONTRACT PERFECTIONING PROCEDURE
The information in the present Conditions and the details contained in this website are not a public offering, but rather a mere invitation to express a contractual proposition. No contract will happen between You and us in relation to possible products, until Your order will explicitly be accepted by us. In case Your proposal is not accepted and there has already been a charge on your bank account, the very same import will be returned to You.
To effect an order, You will need to follow the online purchasing method and click on “Authorize purchase”. Then, You will be sent a confirmation e-mail of the occurred receiving of Your order (the “Order’s Confirmation”). It is understood that this process will not entail the reception of Your order, because the order itself represents an offer that You make to us for the purchase of one or more of our items. All orders will be subjected to our approval, of which you will be informed with the dispatch of an e-mail that confirms the shipping phase (the “Shipping Confirmation”). The contract for the purchase of a product between You and us (the “Contract”) will be considered as ended only when we will send You the Shipping Confirmation.
Only the products indicated in the Shipping Confirmation will be object of the Contract. We will not be obligated to supply You any other product that has not been ordered, as long as it will be confirmed in the Shipping Confirmation that such product has been shipped.
7. PRODUCTS AVAILABILITY
All orders of the products are subjected to their availability. In this regard, in case of supply problems, or if the items in stock will not be there, we will reserve the right to provide you information related to substitute products of the same or even higher quality and value, that you can decide to order. In case you are not willing to make an order of the aforementioned substitute products, we will refund you the sum total, possibly already corresponded from you.
8. REFUSAL OF THE PROCESS OF AN ORDER
We will reserve the right to remove any of the items from this website at any time and/or to delete or modify any of its material or content. Although we will always do our best to follow every order, there might be exceptional circumstances, which will oblige us to refuse the process of the order after the Order’s Confirmation is sent out and we will reserve the right to do it at any time.
We will decline any responsibility towards You or towards third parties for the removal of any of the items from this website, for the elimination or the modification of any material or content of the website, or for the lacking elaboration of the order after the shipping of the Order Confirmation.
Without prejudice to the provisionsof the previous article 7 and excepted for any extraordinary circumstances to occur, we will commit to do anything among our discretions to send the order of the indicated product/s to the related Shipping Confirmation within the indicated date in the aforementioned Shipping Confirmation that is, in case any delivery date will not be specified, within the maximum period of 30 days from the Order Confirmation date.
However, possible delays could occur for different reasons, so to say the products personalization, the occurrence of unforeseen circumstances or the delivery area.
If for any reason we would not be able to abide by the delivery terms, we will surely inform You and we will give You the option to proceed with the purchase, setting a new delivery date or to cancel the order, already including the consequent refund of the total corresponded amount.
For the purposes referred to the present Conditions, the “delivery” will be considered as done, in other words the order will be considered “delivered” through the acquisition from You or from a third party implied by You, of the material availability or anyhow from the control of the products, which will be proved by the subscription of the order’s receipt at the shipping address agreed upon.
10. INABILITY TO DELIVER
In case we will not be able to complete the delivery of Your order, we will try to locate a secure spot where to leave it. If this will not be possible, Your order will be sent back to our deposit. In the line of such evidence, we will leave You a notice where it will be specified the location of Your order and the way to plan a new delivery date. In case You will not be able to get at the delivery place at the agreed upon time, You will be asked to contact us one more time to set a new delivery date.
If the delivery can not take place for some reasons not attributed to us after 30 days from the date in which Your order is available for the delivery, we will assume that You intend to determine the Contract that will be therefore considered solved. Accordingly to the resolution of the Contract, we will pay back the sum amount corresponded by You, including the delivery cost (with the exception of contingent additional costs derived from Your choice, to apply a delivery mode that differs from the ordinary one offered by us) without unjustified delay and in any case within 14 days from the date of the resolution of the Contract.
Please note that the transportation originated from the resolution of the Contract might incur to additional costs, which will be of Your charge.
11. THE TRANFER OF THE RISK AND OF THE OWNERSHIP OF THE PRODUCTS
The risks related to the products will be transferred to You from the moment of the delivery.
You will purchase the ownership of the product as soon as we will receive the complete payment of all the necessary dues in relation to the aforementioned items, including the shipping expense, that is at the delivery time (as defined at the aforementioned article 9), if this will have to take place at a later date.
12. PRICE AND PAYMENT
The product’s price will be indicated from time to time on our website, save where it exists an obvious mistake. Although we will commit to do anything among our discretions, so the prices that appear on our website are correct, there can be some mistakes. If we will identify any error in the price of the products ordered from You, we will inform You as soon as possible and we will give You the option to reconfirm Your order at the right amount or to cancel it. If we will not be able to get in touch with You, the order will be deleted and You will be refunded with the total amount paid.
We will not be obliged to supply to You the product/s at the lower price wrongly indicated (even if we had already sent You the Shipping Confirmation) in case the price’s mistake would be obvious and unequivocal and therefore it would have been possible for You to reasonably identify it as wrong.
The online prices on our website include the VAT, but exclude the shipping expenses, that are to be added to the total amount to be paid, as indicated in our Purchase Guide – Shipping Expenses.
The prices can be subjected to variations at any moment; anyway (save where previously established) the possible changes will not regard the order for which we have already sent an Order Confirmation.
Once all the items You intend to purchase have been selected, such articles will be added to Your bag and the next step will entail the completion of the order and the following payment. For this purpose, You will need to follow the instruction for the purchase, integrating or verifying the requested information at every step of the purchase process. Furthermore, You will be able to modify the details of Your order at any time of the purchase process, before the actual payment. You will be able to have access to a detailed description of the purchase process in the Purchase Guide. Moreover, if You are a registered user, it will be available a list with all Your orders in the “My account” section.
You can effect the payment through Paypal or bank transfer. If the chosen payment method is Paypal, the charge will take place during the confirmation phase of the order.
13. PURCHASING AS A GUEST
On this website it is likewise available the function of purchasing products as a guest. Through this purchasing method, You will be required only those essential records to process Your order. At the completion of the purchasing process, You will be offered the possibility to register as an user or to continue as a non-registered user.
14. VAT (VALUE ADDED TAX)
In accordance with the legislation in force, every purchase effected through the website will be subjected to the Value Added Tax (VAT).
In this respect and in accordance with Chapter I of Title V of Directive 2006/112/CE of 28 November 2006 Council, relatively to the common system of the value added tax (VAT), the deliveries will be meant to be placed in the Member State, that results at the item’s delivery address, being the VAT legally relevant and in force in every Member State of destination of the items, which will have been delivered in every order.
In accordance with the relevant legislation in every jurisdiction, on the deliveries of goods effected in a given Member State of the European Union to an entrepreneurial or professional consignee, it might be applicable the rule of the so-called “reverse charge” (Article 194 of Directive 2006/112/CE). In this case, we will not apply the VAT, on the condition of receiving the consignee’s confirmation that the VAT on the purchased products will be released by the consignee himself in the scope of application of the “reverse charge”.
- RETURNS/REPLACEMENTS POLITIC
15.1 Possibility of withdrawal from law
Possibility of withdrawal
If You are negotiating as a consumer, You will have the right to terminate the Contract within a deadline of 14 days without having to provide any explanation.
The withdrawal period, which as on the above paragraph ends after 14 days, starting from the one in which You or a third party other than the carrier and indicated by You acquires the physical possession of the goods. Or in the case of multiple goods ordered through only one order and separately delivered, the period will end after 14 days from the day in which You or a third party other than the carrier and indicated by You acquires the physical possession of the last good.
In order to employ the right to withdraw, You will be required to inform us, by sending an e-mail at info.shooting-tech.comor by writing in the specific contract’s form, about Your decision to withdraw from the contract through an explicit declaration (for instance a letter sent by mail or by e-mail). For this purpose, You can use the attached withdrawal form model, even though it is not compulsory. In order to respect the withdrawal period, it is sufficient that You send the related communication to the exercising of the right of withdrawal before the withdrawal period due date.
If You will terminate the Contract, You will be refunded with all the payments that You have effected in our favor, including the delivery’s expenses (with the exception of the supplementary costs arising from Your possible choice of a different way of delivery from the less expensive one which is the standard delivery offered by us), without undeserved delay and in any case no later than 14 days from the day in which we will be informed of Your decision to terminate the Contract. The refunds will be carried out using the very same payment method You used for the initial transition. In any case, You will not have to support any cost as a consequence of such refund. On the understanding of the above, the refund can be suspended until the reception of the goods or until the occurred proof from You of having resent the goods, whichever comes first.
Please send back the goods or deliver them to us at the following address:
Technique Engineering snc
Via Lago di Alleghe 31
36015 – Schio (VI) – Italia
without undeserved delay and in any case, within 14 days from the one in which you have communicated us Your termination of the Contract. The due date is followed if You resent the goods before the deadline period of 14 days.
The direct costs of the good’s return will be of Your charge.
You are responsible only of the value’s decrease of the goods resulting from a different good’s manipulation from the one necessary to establish the nature, the characteristics and the functioning of the good.
15.2 Establishedwithdrawal right
In addiction to the withdrawal right enshrined in law to costumers and users of which to the aforementioned article 14, we will grant a due date of 30 days starting from the products’ delivery date in order to effect their return.
If You will return the products within the due date to exercise the established withdrawal right, but after the due date to exercise the law withdrawal right, You will be only refunded with the amount corresponding to those products. The direct costs of the return of the goods will be of Your charge.
You will be able to employ Your termination right according to what has been established in the previous article 14.1, being understood that in case You will inform us of Your intention to withdraw from the Contract after the deadline to exercise the law termination right, You will have to deliver us the goods within the due date of 30 days from the delivery date.
15.3 Common disposals
Your right to withdraw from the Contract will be applied exclusively to those items returned in the very same conditions in which You have received them. No refund will move forward if the product has been used other than the ordinary unpacking and for the products that are not in the same conditions in which they have been delivered or if they have been damaged: therefore, we kindly ask You to take care of the products until as long as they are in Your willingness and in your possession. Please return the item using or including the original packaging, instructions and other documents, if present in the package with the products. Anyway, You will have to give back the product to return unitedly with the goods return note received with the delivery of the products.
Return through freight carriers or courier:
You will have to contact us by using the return claim form in order to allow us to organize the pick up at the home address. You will have to return the product in the wrapper and in the packaging in which You have received it, abiding by the instructions in the “RETURNS” section of this website.
The return prices will be of Your charge.
After having evaluated the item’s conditions, we will inform You if You will be entitled to have the reimbursement of the paid amount. The delivery costs will be refunded if the right to withdraw will be exercised within the expected due date and all products subject of the same delivery will be returned. The refund will be carried out as soon as possible and in any case within 14 days from the date in which You have indicated the intention to terminate the Contract. Without prejudice to the above, the refund can be suspended until the receipt of goods or until the demonstration from You to have resented the goods, if previous. The refund will always take place through the same mean of payment used to actualize the purchase.
The costs and the risks of the item’s return will be of Your charge, as indicated above.
For any questions, You will be able to get in contact with us through our contact form or by calling the number (+39)0445 576528
The predictions of the present article will not be relevant in case You purchased products as a guest.
15.4 Returns of damaged products
In the event that You consider the product not to conform what expected in the Contract at time of delivery, You will immediately have to contact us by using our contact form, indicating the item’s facts as well as the damage suffered or by calling the number (+39)0445 576528 and we will inform You on the procedure to follow.
You will have to return the products to the indicated address in the document that You will receive at time of delivery. We will move forward to carefully examine the returned product and we will communicate via e-mail within a reasonable time, if we will undertake the reimbursement or if we will substitute the product (according to the case). The refund and/or the item’s substitution will take place as soon as possible and in any case, within 14 days from the date of submission of an e-mail from us, in which we will confirm You that we will be proceeding with the refund or the substitution of the unfitted article.
The amount paid for the product which will be returned because of damaging or defect, if actually existing, will be entirely refunded, including the delivery expenses incurred from the item’s shipping and for the return from You. The refund will take place through the same mean of payment used to actualize the purchase.
All existing rights recognized by the existing legislation will be saved.
16. RESPONSIBILITY AND RESPONSIBILITY’S EXEMPTION
Except where on the contrary to what expected in the present Conditions, our responsibility regarding the purchased items on our website will be exclusively limited at the purchase price of the concerned product.
Without prejudice to what aforementioned, our responsibility will not result excluded or limited in the following cases:
- a) Cases of fraud or fraudulent activity; or
- b) Any circumstances in which it would result illegal or illicit from on our part to exclude, limit or try to limit or exclude our responsibility.
Without prejudice to what established in the previous paragraph and as far as it will be permitted by the existing legislation and except where contrary to what expected in the present Conditions, we will not accept any responsibility for direct or indirect damages, such as:
- death cases or personal damages inferred from an incorrect use of the items we sell;
2. loss of profit;
3. loss of turnover;
4.loss of income or loss of contracts;
5. loss of expected savings;
6. loss of data; as well as
7.waste of time of business administration.
Due to the openness of this website and of the possibility for some mistakes to occur in the conservation and in the transmission of digital information, we will not guarantee the precision and the security of the transmitted or reached information through this website, unless the contrary has been expressly established.
All products descriptions, information and materials which appear on the website are supplied ‘as-is’ and without any implicit or explicit warranty, except for the law ones. In this respect, if You are negotiating as user or consumer, we will commit to deliver products in compliance with the Contract, being responsible for the lack of compliance at the delivery time. It being understood that the products are compliant to the Contract if (i) they respect the description provided by us and they have the qualities presented on this website, (ii) they are suitable to the use to which they are normally designed for, (iii) show qualities and characteristics that are considered normal in products of the same kind and that can be reasonably expected. In the limits provided by the law, we exclude all warranties, except for those which can not legitimately be excluded towards users and consumers.
Our products, especially the handmade ones, show the natural characteristics of the materials used for the manufacturing. The natural characteristics such as the grains, the superficial consistency, the knots or the color variation should not be intended as imperfections of flaws. On the contrary, the lack of uniformity due to the use of natural raw materials need to be planned and appreciated. We select only the products of the highest quality but this kind of variation is inevitable and needs to be accepted as part of the peculiarity aspects of the products.
The present disposals do not limit in any way the rights recognized to the consumers by the existing legislation neither Your rights of recession from the Contract.
17. INTELLECTUAL PROPRIETY
You recognize and accept that the copyright, the registered trademarks and any intellectual propriety right on the materials or presented contents, as an integral part of the website are of our propriety and of whom granted us the license for their use. You will be able to use the aforementioned material only in the modality for which You will receive an express permission from us or from those that has granted us the license for their use. This will not prevent You from using this website to the extent necessary to copy the information regarding Your order or Your contact details.
18. VIRUS, PIRACY AND OTHER RISKS OF CYBER ATTACKS
You will have to avoid any undeserved use of this website as well as avoid any virus introduction, troyan horses, worm, logic bombs or other programs or materials that can cause technological damages. If devoid of authorization, you will not have to access our website neither to the server in which You are hosted or to other servers, computers or database related to our website. You commit not to perpetrate DoS attacks against this website.
The lack of respect of this clause can entail defined violations of the legislation in this area. In case of lack of respect of the above-mentioned legislation, we will of course inform the competent authority with which we will collaborate to identify those peole responsible for the perpetrated attack. In the same way, in case of lack of respect of this article, You will be immediately withdrew the authorization to use this website.
We will descend any responsibility in case of possible damages or losses originating from a DoS attack, virus or other programs or materials that can cause technological damages to Your computer, electronical devices, data or materials following to the use of our website or to the download of contents from it or that redirect the user to it.
19. LINK FROM OUR WEBSITE
If our website contains link to other pages or materials of third parties, such links will exclusively be supplied for the record, without any control on our part on the contents or materials contained in the aforementioned pages or websites. Therefore, we decline any responsibility in case of possible damages or losses originated from their use.
20. WRITTEN COMMUNICATIONS
The applicable legislation foresees that part of the information or of the communications which we will send You have to be in writing. While using this website, You will accept that the most part of the communications shared with us are in electronic form. We will contact You via e-mail, giving You information arranging specific notices on this website. For contractual purposes, You consent to this electronical mean of communication taking note that all contracts, notices, information and other communications that we will electronically supply will be in line with the legal requirement which foresees, for such reports, the written form. The present disposition does not limit in any way the recognized rights from the applicable legislation.
All notifications addressed to us will need to be sent by using preferably our on-line form. Except for what specified in the article 19, we will reserve the right to send You possible communications via e-mail or mail to the mail address supplied when the order has been forwarded.
The communications will be considered as received and adequately notified respectively when inserted on our website, 24 hours after the dispatch of an e-mail, so to say three days after the shipping date. In order to prove the notification of a communication, it will be enough to demonstrate, in case it is a letter, that this has correctly been addressed, stamped and delivered to the postal service and in case it is an e-mail, that this has been sent to the e-mail address of the receiver.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between You and us is binding both for You and us, just like for our respective successors in title.
It is prohibited to transfer or cede in any way the Contract, that is any of the rights or obligations deriving from it, without our prior written consent. We will be enabled to transfer, cede, subcontract or freely organize in any way and at any time the Contract, that is of any right or obligation deriving from it. To avoid any misunderstandings, any transfer, divestiture, subcontract or others acts of provision of the Contract will not have any impact on the rights which are due to You as a consumer or neither it will swoon, reduce or limit in any way any of the warranties or responsibilities offered by us, explicitly or implicitly.
23. FORCE MAJEURE
We will not in any way be responsible for the non-fulfilment or delays in the execution of any of the obligations under the Contract caused by events that are out of our reasonable control (“Events of Force Majeure”).
For Events of Force Majeure is to be intended any act, event, lacking fact, omission or accident beyond any reasonable control; this expression includes by way of example and not in a restrictive way as specified below:
- Strikes, lockouts or other union agitations.
- Uprisings, revolts, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), so to say threats of war.
- Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
- Impossibility of using railways, maritime and aerial expeditions, engine transport or other means of public or private transport.
- Impossibility of using public or private telecommunications networks.
- Acts, decrees, legislations, regulations or restriction of a government of any kind.
- Any strike, disaster or maritime accident, postal or of any other significant mean of transport.
It being understood that the execution from the obligations under the Contract will stay suspended for all the duration of the Events of Force Majeure. We will hopefully be given an extension for the execution of the Contract equal to the duration of this period. It is understood that, even if pending of Events of Force Majeure, we will try to find a solution through which fulfill our contractual obligations.
In case we stopped, during the execution of the Contract, to demand the same fulfillment of any of Your obligations, that is of any of the expected obligations from the present General Conditions, or again, we stopped to exercise any of the rights or actions to which we are entitled under the Contract or of the present General Conditions, this will not be considered as a surrender to the aforementioned rights or actions and it will not release You from the fulfillment of the related obligations.
A possible surrender from our side facing Your breach will not be considered as a surrender for reacting in front of a following breach.
No surrender by Your side compared to any of Your obligations of which the Contracts or the present General Conditions will be efficient if not communicated in writing, in accordance with what established in the previous articles 19 and 20.
25. PARTIAL INVALIDITY
In case any article of the General Conditions, or part of it, such any of the dispositions of the Contract were to be judged as invalid, illicit or inapplicable from the competent authorities, the aforementioned article, clause or disposition will be considered as not on purpose whether the other articles, clauses or dispositions will stay valid to the fullest extent permitted by law.
26. CONTRACT’S INTEGRITY
Thepresent General Conditions, as well as any documents in which there is an express reference representing the whole agreement between You and us on the subject of the Contract and they substitute any previous agreement, understanding or pact between us, whether it is written or oral.
Both You and we recognize that by subscribing the Contract, neither You nor we have relied on any representation, commitment or promise made from the other side, or inferred from what said or wrote during the negotiations preceding the Contract, but only on what expressively declared in the present Conditions.
Both You and we will have the right to remedy to possible fake declarations given from the other side, both orally and in writing, beforehand to the date of every Contract (unless the aforementioned fake declaration will not be made maliciously) and the only actions that the other side will be able to undertake will be by the violation of the Contract, so as expected in the present Conditions.
27. RIGHT OF MODIFICATION OF THE PRESENT CONDITIONS
We will reserve the right to review and modify the present Conditions at any moment.
You will be subjected to the General Conditions in force at the time of the order, unless an alteration of the General Conditions or of the Data Protection Policy will not have to be caused under this law or upon request of a government authority (in which case it will be worth also for the orders already hand down to us).
28. APPLICABLE LAW AND JURISDICTION
The use of our website and of our purchase’s contracts of the products through the aforementioned website are regulated by Italian law.
Possible controversy deriving or related from the use of the website or to the aforementioned contracts will be subordinated to the non-exclusive jurisdiction of the Italian courthouses.
If you are stipulating the Contract as a consumer, the present clause does not jeopardize in any way the rights that the law recognizes to You as the consumer.
29. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always well received. Please send them through our contract form.
Moreover, we provide the users and consumer the official claim reports that can be requested at the number (+39)0445 576528 or through our contract form.
If You think that Your rights as a client have been broken, You can effect a formal complaint through this e-mail address firstname.lastname@example.org in order to achieve a resolution.
In this regard, if the purchase has been effected online through our website, according to the European regulation number 524/2013, we inform You that You hold the right to undertake anextra-judicial conciliation action of the controversies for the consumers accessible through the web page http://ec.europa.eu/consumers/odr/.
Last update on 19 June 2014
Model withdrawal form
(complete and return the present form only if You wish to terminate the contract)
ToTechnique Engineering snc di A.Busin & C., operating under the denomination SHOOTING TECHNOLOGY, Via Lago di Alleghe 31 36015 Schio (VI) or via e-mail to the e-mail address email@example.com
Hereby I notify the termination of the sales contract of the following goods:
Ordered the (*)/received the (*)
Consumer’s signature (only if the present form is notified on paper)
Date 19 June 2014
(*) Delete the worthless caption