Sale General Terms and conditions

These terms and conditions apply to all commercial relations occurring between Liviantech – brand of Tsunami, owned by Malatto Dante Rodolfo and located in Via Umberto Umberto I, 16, 10040 Rivalta di Torino, Italy, VAT Number 08662320012 – hereon after called “LIVIANTECH” and any person buying from the internet site www.liviantech.com, hereon after called “BUYER”.

Terms and conditions can be subject to modifications and they will become effective since their publication on the internet site.

Pre-contract information

Prior to any purchase, the Buyer must be aware of the Goods characteristics described in each product description sheet provided by LIVIANTECH.

Prior to the purchase contract subscription and prior to the order validation through the “payment obligation”/duty button, the Buyer is aware of the following:

-        Total price of the Goods including VAT, shipping expenses and any other cost;

-        Method of payment;

-        Delivery terms. If not otherwise specified, LIVIANTECH is engaged to deliver the Goods within 30 days from the order confirmation e-mail sent to the Buyer;

-        Terms, conditions and procedures to the right of withdrawal.

A sample withdrawal form is available at art. 10 of these terms and conditions;

-        The Buyer will have to pay the returning expenses in case of withdrawal (see art. 10);

-        Legal compliance guarantee applicable to the Goods purchased (see art. 11);

-        Post-sale assistance conditions and commercial guarantees provided by LIVIANTECH.

The Buyer can get to know in any moment and anyway before the contract subscription all information related to LIVIANTECH, such as its address, telephone number and e-mail address, which are also listed below:

LIVIANTECH is a TSUNAMI brand, owned by Malatto Dante Rodolfo and located in Via Umberto I, 16, 10040 Rivalta di Torino (Turin) Italy

Landline telephone number +390119047567 info@liviantech.com

1. Purchase Orders

-        These terms and regulations apply to LIVIANTECH as it sells the material Goods shown and offered on the internet site www.liviantech.com and the Buyer as it purchases them.

The contract is implemented through the internet as the Buyer accesses the site www.liviantech.com and makes an order following the guided procedure.

Orders are addressed to:

TSUNAMI di Malatto Dante Rodolfo, Via Umberto I, 16 10040 Rivalta di Torino (Torino) Italy

LIVIANTECH is a TSUNAMI brand, owned by Malatto Dante Rodolfo

The Buyer engages to go through these sale terms and conditions before confirming its order. Pre-contract details given by LIVIANTECH must be read and accepted by the Buyer by flagging the specific box.

By filling in an order and sending it, the Buyer declares to accept these terms and conditions.

The Buyer can access and download these terms and conditions in any moment by clicking the link “terms and conditions” in the information section of the site.

Orders are made by filling the forms provided on line.

LIVIANTECH has the faculty either to accept or to refuse any order.

The Buyer must always specify its payment method and its phone contact number.

The delivery address must be as precise and complete as possible. Insufficient delivery details will cause the order not to be processed.

The sale contract is considered agreed when LIVIANTECH sends the Buyer an order confirmation e-mail. The above e-mail will indicate the Buyer’s details, order number, purchased Goods price and delivery address.

The Buyer engages to verify the accuracy of the personal details shown in the e-mail and to notify LIVIANTECH with any potential change.

LIVIANTECH engages to describe and show the Goods sold on line in the best way possible. Nevertheless mistakes, inaccuracies or minor differences between the site and the real Goods can occur. Furthermore pictures of the Goods shown on www.liviantech.com are not a contract matter as they are only representative of the Goods.

The Goods and services offer on the internet site is not binding. LIVIANTECH has the faculty to modify and/or eliminate any article and service without giving justification and in any moment.

The Goods availability refers to the real Goods available when the Buyer forwards its order. Nevertheless this availability may vary due to several Buyers contemporarily accessing the site and Goods being sold to some of them before the order confirmation.

Ordered goods already confirmed by LIVIANTECH may be partially or totally unavailable. In that case the order will be automatically corrected by removing the unavailable Good and the Buyer will be informed by e-mail straight away.

If the Buyer withdraws its order, thus cancelling the contract, LIVIANTECH will reimburse the amount paid within 14 days since the day LIVIANTECH has known about the contract resolution.

2. Prices

Prices shown are in Euros and inclusive of VAT.

Delivery expenses are not included in the sale price; they are calculated and shown at the end of the purchasing process and before the payment.

3. Prices validity

The reference valid price list is shown on the on line shop. Any price list variation invalidates the previous price list and remains valid until the next variation.

The Buyer accepts LIVIANTECH’s faculty to modify its prices in any moment, nevertheless the Goods invoice will be calculated referring to prices valid during the order submission and shown in the order confirmation e-mail by LIVIANTECH to the Buyer.

4. Payment

Payment can be made in Euros as follows:

- by bank transfer. In that case, LIVIANTECH will contact the Buyer as soon the order is ready for delivery, notifying the Goods value and the delivery charges. The Goods will then be sent as soon as the bank transfer has been confirmed to LIVIANTECH.

- by credit card: all main credit cards via Gestpay Banca Sella service

5. Shipment

Shipment will be made either via express courier or postal service, with different charges accordingly

6. Shipping charges in Italy

The Buyer is charged with the shipping costs which depend on the Goods weight. When ordering at the on line shop, shipping costs are calculated and shown automatically in the purchase detail. The costs will be shown in the invoice. The total amount to be paid always includes shipping charges.

7. Shipping charges out of Italy

The Buyer is charged with toll duties and can pay in advance by bank transfer. Transaction costs will be charged to the Buyer. Credit cards payments are accepted (see Art. 4 Payment). Shipping costs are automatically calculated in the purchase detail and will be shown in the invoice.

8. Damages due to transport

If a parcel delivered is externally damaged, it must be opened in front of the courier and any damage to the content must be recorded. If any damage is found out later, it must be immediately reported to the courier who must provide the Buyer with a form to be filled in. If this procedure is not followed and the courier’s conditions not applied, the damage will not be defined.

9. Defective or non-compliant Goods

If the Goods are defective or not complying to the Buyer’s order, the Goods can be fixed or replaced with no extra charges. Complaints must be reported in a written form within 5 days from the Goods delivery.

Ästhetische Mängel (wie Nähte oder Klappen), die werden nicht die Funktionalität des Produkts beeinträchtigen nicht Mängel rechtfertigen Rückerstattung, Reparatur oder Ersatz in Betracht gezogen.

The Goods must be sent to LIVIANTECH address, carriage forward.

The Buyer must always ask for LIVIANTECH’s authorization to returning the Goods on www.liviantech.com at “My orders” section by selecting the return request button and describing the Goods defect. Parcels returned on LIVIANTECH’s charge and without previous authorization will not be accepted. The Buyer will be informed about the correct shipment method when asking for the authorization to do so.

An authorized return form must be attached to the shipment. Complaints about defective or not compliant Goods will not be accepted beyond the 5 days delivery term.

10. Right of withdrawal

LIVIANTECH guarantees a return or replacement policy in accordance with the Law.

The Goods must be returned whole, in their original package and include any documents and accessories: instruction manuals, wires, etc. After checking the above conditions, LIVIANTECH will refund the cost of the Goods within 14 days from the Goods delivery.

LIVIANTECH will refund the Goods value and not the shipment costs nor the payment commission. When returning a parcel, the Buyer must attach an invoice copy, a written declaration of its will to withdraw from the purchase agreement and any other fiscal document included.

Following is a template of the withdrawal form:

________________________________________________________________________________

Withdrawal form in compliance with Art. 49, clause 1, letter h) to be filled in and sent back only in case of contract withdrawal

Tsunami di Malatto Dante Rodolfo, Via Umberto I, 16 – 10040 Rivalta di Torino (TO)

Telephone: +390119047567

E-mail: info@liviantech.com

I/we (*) notify my/our (*) will to withdraw from the sale contract regarding the following Goods/Services (*)

- ordered on/received on (*)

- name of the consumer/s (*)

- address of consumer/s (*)

- signature/s of consumer/s (*) (only for paper forms)

- Date

(*) Delete as appropriate

 ______________________________________________________________________________

The Buyer wanting to withdraw its order must explicitly notify it to LIVIANTECH by registered mail or selecting the order made in the section “My Orders” on www.liviantech.com and filling the return form in.

LIVIANTECH’s authorization to orders withdrawal is mandatory. Carriage forward returned parcels not provided with the above authorization will be rejected. The Buyer will be informed about the correct shipment procedure to be followed when a return request will be forwarded.

The Buyer is in charge of the return shipment costs.

11. Warranty

LIVIANTECH grants a 24 months guarantee from the purchase date for Goods purchased by private Buyers and personally used by them. The warranty is 12 months long on Goods purchased by professionals. Any possible Goods defects or lacks due to the manufacturing process must be notified in a written form. The warranty is not applied on Goods used in conditions not complying with their original purpose.

12. Property reserve

The Goods delivered belong to LIVIANTECH until their complete payment has taken place.

13. Modification reserve

LIVIANTECH has the faculty to modify any price list and any technical characteristics of its Goods. To all Goods shown on the internet site will be available unless the “sale of all stock clause” is applied.

14. Disruption responsibility

LIVIANTECH is lifted from responsibility for any fortuitous or due to force majeure disruption, including malfunctioning of the internet that may cause a delay in processing orders.

15. Miscellaneous

LIVIANTECH has the unquestionable faculty to withdraw any Goods for sale.

These Sale Terms and Conditions include all the clauses they contain. In case one or more of the dispositions listed are considered invalid or declared such by the Law or by a Local Court, all other dispositions will continue to be fully valid and effective.

The Buyer has the faculty to access the site to surf it and to purchase the Goods shown. No other use of the site is allowed, especially a commercial one. All audio or graphic contents of the site belong to LIVIANTECH and are covered by intellectual copyright.

16. Legal matter/Court

These General Sale Terms and Conditions are in accordance with the Italian Law.

Any controversy not friendly solved will be addressed exclusively to the Court of Turin.

In order to solve any possible controversy due to misinterpretation and implementation of these Terms and Conditions t is also possible to use the mediation procedures in appliance with Decree 28/2010.

Sale General Terms and Conditions updated on 1st of April 2015

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