“TAWAKI ON-LINE STORE” GENERAL CONDITIONS OF SALE
Aggiornato al 31/07/2017
1.1 – These General Conditions of Sale (“Conditions”) govern the sale of TAWAKI products (the “Products”) placed through the TAWAKI On-line Store website (“Site”) between TAWAKI S.r.l., with a fully paid-up share capital of 100,000 EUR, whose head office is at Piazza Antonio Meucci 2, Località Montecastelli – 06019 Umbertide (PG) – Italy, registered in the Registry of Business of Perugia under the No. 03482620543 – REA PG No. 292368, Fiscal Code and VAT No. IT03482620543 (“TAWAKI”) and the non-professional end-user (“Consumer”) or the professional buying the Products for his internal commercial activities (“Professional”). The Consumer and TAWAKI being hereinafter collectively referred to as the “Parties”.
1.2 – The sale of Products to professionals for their reselling activity (distributors, wholesalers, retailers, pure players) is governed by specific terms and conditions of sale.
1.3 – The purchase by a Consumer or/ Professional of a Product on the Site (at the internet address: www.tawaki-battery.com) implies the Consumer’s adherence without reservation to these Conditions, in accordance with the Italian Consumer Code (Legislative Decree No. 206/2005 and following) and the e-commerce Italian legal rules (Legislative Decree No. 70/2003 and following).
2.1 – Products are invoiced at the tariff in force on the date of the order. Prices displayed on the Site include the VAT applicable in force. The prices displayed do not include possible duties and taxes that may be claimed by the customs authorities in the country in which the order is delivered.
2.2 – Delivery costs are in charge to the Consumer or/ Professional and these costs are indicated before the order is placed and at order confirmation; furthermore, depending on the Products and/or the amount of the order, delivery costs could be invoiced additionally by TAWAKI, as indicated before the order is placed.
2.3 – Payment of the order is made online by credit card (e.g. Visa, Mastercard, Maestro, Diners, JCB, etc.). In case of Professional, payment could be made also by T/T (Bank) transfer.
2.4 – The prices indicated for Products do not include the installation of the Products itself.
2.5 – Products remain the property of TAWAKI until the complete price has been paid. As soon as the Consumer takes physical possession of the Products ordered, the risks of loss or damage of the Products are transferred to the Consumer.
2.6 – The Consumer and Professional may benefit from discount codes. The Consumer and Professional shall respect their conditions of use. Multiple discount codes may never be used cumulatively for a single order.
3.1 – When the Consumer or/ Professional places an order to purchase a Product, the Consumer or/ Professional is deemed to have accepted the Product’s price. The contract of sale of a Product is effective upon confirmation of the order by TAWAKI, subject to the payment by the Consumer or/ Professional of the price of the Product in accordance with the provisions above and in compliance with the provisions of article 2.6 of these General Conditions of Sale.
3.2 – The Consumer or/ Professional is carefully asked to complete the fields concerning the Consumer or/ Professional identification, the invoicing address and the delivery address.
3.3 – No delivery can be made to a country other than those authorized on the site from which the order is placed.
3.4 – The invoicing and delivery addresses may be different.
3.5 – No delivery will be made until the payment has been validated.
3.6 – Depending on the delivery address, deliveries are made by the TAWAKI carrier from the TAWAKI warehouses, or/ TAWAKI’s Official Distributor warehouses. To trace the Consumer or/ Professional order, the Consumer or/ Professional is invited to use the tracking number and the link that the Consumer or/Professional will receive by e-mail when the package is sent by TAWAKI carrier.
3.7 – The Consumer or/Professional may cancel an order before the package has been sent by TAWAKI carrier, by making such a request under the Site section “Customer Service“.
3.8 – If a package is damaged on delivery, the Consumer or/Professional must refuse the package, inform TAWAKI carrier about his right, and contact TAWAKI under the Site section “Customer Service” or/ sending an E-mail to the following address: email@example.com.
3.9 – If the Product delivered is not the one that was ordered, the Consumer or/Professional must return the said Product and contact TAWAKI under the Site section “Customer Service” or/ sending an E-mail to the following address: firstname.lastname@example.org. The Product must be returned in its original packaging with all its accessories and documentation, intact and in an “as new” condition.
3.10 – If the delivery address is wrong, TAWAKI will contact the Consumer or/Professional to obtain the correct address. If the Consumer or/Professional cannot be contacted, the TAWAKI carrier will return the package to TAWAKI. Where appropriate, the amount previously collected by TAWAKI for the order will be reimbursed to the Consumer or/Professional within thirty (30) days counting from the receipt of the package by TAWAKI.
4.1 – The Consumer may cancel his order without stating any reason within fourteen (14) days. The cancellation right’s period expires fourteen (14) days after the day on which the Consumer, or a third party other than the TAWAKI carrier and designated by the Consumer, takes physical possession of the package or, if the order was delivered in several packages, after the day on which the Consumer takes physical possession of the last package.
In order to exercise the Consumer cancellation right, the Consumer must notify it at TAWAKI S.r.l. – Piazza Antonio Meucci, 2 Loc. Montecastelli, 06019 Umbertide (PG), Italy – Telephone: +39 075 9306500 by registered mail to cancel his order by using the Consumer cancellation right model to be downloaded under the Site section “Customer Service” or/ by using the Consumer cancellation right model attached to the Italian Consumer Code or/ by writing a declaration devoid of ambiguity (for example, by a letter sent by registered mail). For the cancellation right’s period to be respected, it is sufficient for the Consumer to send his request for cancellation before the cancellation right’s period expires.
4.2 – If the Consumer cancels the order, TAWAKI will reimburse all payments received from the Consumer, without any delay and, in all circumstances, by not later than fourteen (14) days from the day on which TAWAKI is informed of the Consumer’s decision to cancel, according the Art. 54 of the italian Consumer Code. TAWAKI will make the reimbursement using the same means of payment as that used by the Consumer for the initial transaction, unless the Consumer expressly agrees to a different means; in any case, this reimbursement will not occasion any fees for the Consumer. TAWAKI may postpone reimbursement until TAWAKI has received the Product concerned or until the Consumer has provided proof of dispatch of the Product; the key date being whichever of these comes first.
4.3 – The Consumer must return the Product concerned to TAWAKI without any delay and, in any case, not later than fourteen (14) days after communicating his decision to cancel his order. This period is considered as having been respected if the Consumer returns the Product concerned before the expiry of the period of fourteen (14) days. The Product must be returned in its original packaging with all its accessories and documentation, intact and in an “as new” condition.
The Consumer must return the Product concerned contacting TAWAKI via the Site section “Customer Service” or/ sending an E-mail to the following address: email@example.com.
The Consumer may also refuse the delivery directly to the TAWAKI carrier at the time of delivery of the package and advise TAWAKI of his decision to cancel the order in accordance with the provisions indicated in article 4.1 of these General Conditions of Sale.
The Consumer is liable only for the depreciation of the Product concerned resulting from handling other than that necessary to establish the nature, characteristics and correct operation of the Product or Products concerned.
5.1 – Without prejudice to the rights accorded to the Consumer by law, the Consumer may for whatever reason return any Product ordered via the Site, within the fourteen (14) days following its receipt. In order to do so, the Consumer should contact TAWAKI via the Site section “Customer Service” or/ sending an E-mail to the following address: firstname.lastname@example.org. TAWAKI will, without delay, send by e-mail a confirmation of receipt of the return request. In order to conform with the period for returns it is only necessary that the Consumer sends the return request before the expiry of the above-mentioned fourteen (14) day period.
5.2 – If the Product is returned TAWAKI will reimburse all payments received from the Consumer (with the exception of delivery charges and supplementary fees) after receipt of the Product. TAWAKI will make the reimbursement using the same means of payment as that used by the Consumer for the initial transaction, unless the Consumer expressly agrees to a different means;
5.3 – The Consumer must return the Product concerned to TAWAKI without excessive delay and, in any case, not later than fourteen (14) days after the Consumer has communicated his decision to return the Product. The Product must be returned in its original packaging with all its accessories and documentation, intact and in an “as new” condition.
6.1 – Legal rights against faulty goods. The Consumer may enforce against TAWAKI the application of the legal rights against faulty goods referred to by Legislative Decree No. 206/2005 and following of the italian Consumer Code, if the purchased Product does not conform to contract.
If the Product does not conform to contract, the Consumer may choose between repair or replacement. TAWAKI will repair or replace the Product concerned without charge, in accordance with Legislative Decree No. 206/2005 and following of the italian Consumer Code. The Consumer has a right to obtain a reduction in the purchase price or a termination of the order in the following events:
- If repair or replacement of the Product is not possible;
- If replacement or repair of the Product cannot be implemented within a reasonable period;
- If replacement or repair of the Product cannot be implemented without major inconvenience for the Consumer.
A minor defect as a result of which repair or replacement is not possible or is excessively expensive does not give a right to the termination of the order.
The legal rights against faulty goods cover failures of compliance that occur within two (2) years of the delivery of the Product purchased by Consumers from TAWAKI.
In case of Professionals, the legal rights against faulty goods referred to by italian Civil Code cover failures of compliance that occur within one (1) years of the delivery of the Product purchased by Professionals from TAWAKI .
To benefit from the legal rights against faulty goods, the Consumer must notify TAWAKI of the faulty Product in writing, either by sending a request to TAWAKI S.r.l. – Piazza Antonio Meucci, 2 Loc. Montecastelli, 06019 Umbertide (PG), Italy, or via the Site section “Customer Service” or/ sending an E-mail to the following address: email@example.com. Unless proven otherwise, failures of compliance that appear within six (6) months of the delivery of the Product are presumed to have existed at the time of delivery, unless this presumption is not compatible with the nature of the Product or the nature of the failure of compliance.
The legal rights against faulty goods apply independently of the commercial guarantee indicated in articles 7.1 to 7.8 of these General Conditions of Sale.
7.1 – Without prejudice to the application of the legal rights against faulty goods, Products are contractually guaranteed to Consumers for parts and labour against any non-compliance or defect in operation for a period of twelve (12) months counting from the date of purchase by the Consumer, the invoice date being definitive.
7.2 – The commercial guarantee is excluded for the following defects and damage:
- damage consequent on improper use or poor handling, incorrect use, a modification or deterioration of the product caused by a fall or accidental impact, defective installation, humidity, inadequate temperature, oxidation, the ingress of liquid, dust, sand, breakage, a fall, or the use of inappropriate electrical current;
- defects due to the installation of spare parts not in compliance with the recommendations and instructions provided by TAWAKI in its user instruction or on the site www.tawaki-battery.com, or the customization of the product by the user;
- defects due to a repair made by the user or by an unauthorized third party;
- defects due to any cause other than a defect in materials or manufacture which does not constitute a defect of the product;
- any use of spare parts not approved by TAWAKI;
- products returned incomplete or partially repaired, or those whose serial number has been removed;
- the modification of a product made necessary for compliance with the standards or technical and safety specifications special to a country or with any specification that has changed since the purchase of the product; or any damage resulting from the non-compliance of a product with the standards or specification in force in a country other than the country of purchase;
- any inadequate packaging at the time of the return of the product to the TAWAKI logistical centre;
- any accident or natural disaster outside the control of TAWAKI , including lightning, water, fire, public disorders and inappropriate ventilation;
- any installation or service associated with the installation or uninstallation of the Product.
7.3 – In the event of failure, the Consumer is asked to contact the TAWAKI’s Customer Service from 9 a.m. to 12 p.m. and from 2 p.m. to 7 p.m. (local time of Italy), Monday to Friday on +39 075 9306500 or via the Site section “Customer Service” or/ sending an E-mail to the following address: firstname.lastname@example.org , to verify whether the defect is accepted under the guarantee.
If the defect is accepted under the commercial guarantee, the Consumer will be told about the return procedure.
A Product is considered to be defective within the meaning of the present commercial guarantee if the defect reported by the Consumer is confirmed by TAWAKI with reference to the conditions of normal use.
7.4 – The commercial guarantee is expressly limited to free replacement of Products or parts acknowledged as defective by TAWAKI , to the exclusion of any compensation for any cause whatsoever, in particular for loss and damage of any kind. Products may be replaced with refurbished Products or spare parts.
7.5 – Products or parts replaced under the guarantee become the property of TAWAKI .
7.6 – If a failure is not accepted under the commercial guarantee, a repair service subject to payment may be offered if an estimate is accepted.
7.7 – The partial or total inability to use the Products, particularly due to some non-compatibility of the equipment, shall not give rise to any compensation, reimbursement or claim under the liability of TAWAKI.
8.1 – The provisions contained in this article “Liability and Exclusions” shall apply within the limitations of the applicable law.
8.2 – TAWAKI cannot be held liable for any damage caused directly or indirectly by any equipment or component not purchased from TAWAKI and used with the Products.
ANY LIABILITY FOR MATERIAL OR IMMATERIAL DAMAGE, (WHETHER DIRECT OR INDIRECT) AS WELL AS FOR EXPENSES CAUSED IN VAIN, IS EXCLUDED, INCLUDING CASES OF SIMPLE NEGLIGENCE. THE TERM “immaterial damage” refers to any damage which IS neither property damage nor DEATH OR PERSONAL INJURY.THE LIABILITY OF TAWAKI WILL ONLY SUBSIST IN RESPECT OF A VIOLATION OF THE ESSENTIAL OBLIGATIONS UNDER THE PRESENT CONDITIONS OF SALE.
8.3 – TAWAKI ’ liability is excluded in the event of the impossibility for the Consumer or/Professional to place an order due to the unavailability of the Site or, if the acceptance of an order is interrupted, in the event that the Product is unavailable when the connection is re-established.
8.4 – TAWAKI cannot be held liable in any manner whatsoever for any damage resulting from or arising out of a professional activity. In no event shall TAWAKI be held liable for any damage resulting from or arising out of any wrongful use by a Professional of the Product.
8.5 – These Conditions of sale do not affect the legal provisions relating to liability for defective products, or any other compulsory legal provision.
9.1 – TAWAKI is the owner of all intellectual property rights relating to the Products and no provision of these Conditions of sale may be construed as assigning any intellectual property rights, to the benefit of the Consumer or/Professional or any third party.
9.2 – Products, as well as their packaging, are sold under the TAWAKI trademark or under a trademark belonging to the TAWAKI group.
9.3 – TAWAKI S.r.l. is the owner of the TAWAKI trademark and logo and of any trademark or logo belonging to it.
10.1 – Consumer or/Professional personal data that are collected in the course of the purchase of a Product on the Site are used only for the purposes of executing the order, performing satisfaction surveys, and sending of newsletters subject to the Consumer or/Professional acceptance according the Italian legal rules (Art. 13 of the Legislative Decree No.196/2003 and following).
10.2 – These data are processed in compliance with Italian legislation relating to the protection of personal data.
10.3 – In accordance with this legislations, the Consumer or/Professional has a right to access, rectify and delete his personal data at any time by sending a request under the Site section “Customer Service” by complying with the applicable provisions or/ sending an E-mail to the following address: email@example.com .
11.1 – The present General Conditions of Sale shall be governed by and construed in accordance with the laws of Italy.
11.2 – The Parties commit to resolve by mutual agreement any dispute arising from the interpretation, execution, validity, effectiveness or resolution of the present General Conditions of Sale. Any dispute arising in connection with these Conditions, shall be subject to the exclusive jurisdiction of the Court of Perugia, Italy.
11.3 – These Conditions of sale have been written in English language. In the event of divergence between a translated English version and the Italian version, the latter version in Italian language shall prevail.