ATTENTION: YOU MUST BE 18 YEARS OR OLDER TO PURCHASE OUR PRODUCTS.
1) Definition and Object of the contract
The Contract is called a “Distance Contract” according to Art. 50 and ss.of legislative decree 6 September 2005 n. 206 (code of the consumer)
The object of the Contract is the sale of pyrotechnic products between Biasin Matteo individual company based in Via Caneva 10, Bovolenta PD, P.I. 044777650286 (the Seller) and the Consumer (the Client).
The content of the terms and the general conditions regulate all the contracts finalized between the Client and the Seller concerning the website www.giochiefesta.com. A Contract is subject to the version of the terms and conditions applicable at moment in which the Contract is finalized.
Any different conditions requested by the Client which contradict or change the terms and general conditions, are not covered by this Contract if not expressly agreed upon and written by the Seller.
2) Formalization of the Contract
All Contracts must be finalized by the Client on the website, with all communication taking place through the Internet. All of the orders sent to the Seller must be completely filled out and must identify each product ordered, the billing address of the Client and the shipping address.
The order represents an online Contract between the Client and the Seller. The Client will receive an email confirmation of the order, and this represents the Seller’s acceptance of the Contract.
The Contract is finalized and binding for both parties when the order confirmation is sent to the Client by the Seller.
The Seller reserves the right to deny any incomplete or incorrectly filled out orders.
3) Validity and Termination of the contract
All informations on the products on the website such as: specific techniques, images, dimensions or details of compatibility are not binding and may change at any moment, unless they are not expressly identified as binding. Special offers are not binding/ guaranteed.
In sending an order, the Client declares his binding intention to buy the items in his cart. The Seller reserves the right to cancel the order in particular cases such as: items no longer produced, warehouse errors, sudden unavailability of product, typing errors related to the price. In these cases the seller will contact the client in order to offer alternatives or to cancel the order.
IMPORTANT NOTE: The sale of the products on the website is for adults only. Accepting the sales conditions, the Client declares that he/she is over 18.
All the price listed on the website include IVA (22%) and all other taxes, they are not binding until the order is confirmed by the Client, in fact, the prices may change until the Contract is finalized.
5) Method of Payment
Payments for orders shall be done on the website using the following methods:
- Credit Card
Payments can be made using any major credit card, including pre-paid cards such as: Visa, Mastercard, PostePay, American Express, Aura and many others.
Orders will be processed and delivered when payment is received.
Payments can be made using a Paypal account or any major credit card, including pre-paid cards such as: Visa, Mastercard, PostePay, American Express, Aura and many others.
Orders will be processed and delivered when payment is received.
All details related to the payment will be sent to the Client by email after the order is confirmed.
For every order made, your can request a regular invoice in the name of the Client or company making the order. The invoice will be sent by email the day after delivery of the order.
6) Delivery of the Items Purchased
Orders are generally processed within 12 hour of receiving the payment. Delivery times are selected by the Client when they make their order.
Types of Delivery Possible
- Direct Delivery
Orders will be delivered within 5-7 working days by the shipping company that the Seller uses.
The delivery times are not binding if not stated in a separate agreement. The Seller will do all in his power to make sure that delivery times are met.
If the delivery person can’t verify age (18 or older) at the time of delivery, the order and delivery will be canceled.
At the time of delivery if the delivery person feels it necessary to verify age, Client may be asked to provide photo ID.
Upon receiving the delivery, the Client must verify that the order is complete and correct. If there is any problem, the Seller must be notified within 24 hours.
Separate orders must be shipped and billed separately. The Seller can’t combine two separate orders.
Shipping costs include an administration fee, packaging, and transportation. The administration fee is fixed. The transportation cost is determined by the distance of the delivery.
The transportation and delivery of the order will be done by a shipping company of the Sellers choice under partial exemption and in compliance with provisions of ADR (according to art. 220.127.116.11 of ADR 2017)
7) Responsibilities of the Seller
The Seller accepts no responsibility inherent to the use of the products bought by the Client. In the case of a defective product, the only responsibility of the seller is to replace the product. Under no circumstances can the Seller be held liable for lost earnings of the Client.
The Seller takes no responsibility for problems due to causes beyond the sellers control of any kind and nature, in case he can’t process the order in the time-frame stated in the contract. For example, these problems could include: a general strike, a non general strike, a strike of the Seller’s workers, directives set by the public authority, and any other circumstances that are beyond the control of the Seller.
8) Obligations of the Clients
Once the order is finalized online the Clients commits to print and retain a copy of the General Conditions. The Client should be familiar with the information contained in the General Conditions and should accept them before the shipping of the order, in order to completely satisfy the conditions mentioned in Articles 3,4 of the Law n. 185/1999. The Client must verify that they accept the General Conditions by checking the acceptance box on the website. If the Client doesn’t do this, the order will not be processed.
9) Quality Guarantee
In compliance with what is stated in the Consumer Code, Art. 128-135 regarding the legal warranty and fulfillment of all products sold, the Seller protects the Client if there are deficiencies with the products: products that don’t function well, or do not correspond as advertised by the Seller.
In regard to the legal warranty, if the products do not behave as advertised, the Client has the right to directly address the Seller, even if the Seller is not the producer of the products. If the product is defective, the Client has the right to have it repaired by the Seller if reparation is possible; or the Client is entitled to have the defective product replaced by the Seller if the reparation is impossible or too expensive. If replacement or reparation are impossible, the Client has the right to be reimbursed for the value of the product, in cash, upon return of the defective product.
The products are under warranty for two years from the date of delivery, but the Client must notify the Seller within two months of discovering the defect.
A purchased product is considered defective when:
- the product is not suitable for use when it doesn’t function the way it is supposed to
- the product doesn’t perform or possess the qualities as advertised by the seller or that where shown in a sample.
- the product doesn’t perform or possess the same benefits or qualities of similar items, as reasonably expected by the Client after reading the label and seeing the advertising for the product.
- the product isn’t suitable to the Client’s needs or doesn’t meet their expectations.
- it is not suitable to the specific expectations of the Client, which were expressed to the Seller at the conclusion of the Contract, and agreed upon by the Seller.
If a product has a defect as described above, the Client can exercise his rights by contacting customer care, through email, or by making a phone call to the Seller.
The Client can go to the Seller’s place of business for replacement of a purchased item still under warranty.
In the case that the Seller or his employees need to travel for the replacement of the product, any travel expenses incurred by the seller or his employees will be paid by the Client.
10) Right of Withdrawal
As provided by D.Lgs n. 206 of 06/09/2005, the right of withdrawal, that gives the Client the right to return the purchased items and obtain reimbursement, is recognized only for the person that signed the contract with a different aim than a business activity.
The right of withdrawal has to be claimed within 14 consecutive days of receiving the product. The right of withdrawal does not apply to audio/ visual products and to sealed software that has been opened, and does not apply to custom made goods or personalized goods or goods that, because of their nature, can’t be returned due to risk of deterioration.
The right to withdraw is invalid, and the Client won’t be totally reimbursed, if the product is not returned whole, as in these cases:
- missing the original packaging (we recommend keeping the original packaging until the expiration of the term agreed upon in the Right of Withdrawal.)
- lack of fundamental elements of the product (accessories, cables, instruction manual, etc.)
- damage to the product due to causes unrelated to shipping.
- not properly preserved.
The Client can exercise the right to withdraw only if the product was purchased in it’s integrity; It is not possible to withdraw from the contracts over one particular part of the product purchased ( ie, accessories, software attachments, etc…).
These are the steps to be taken for withdrawal:
- Within 14 consecutive days from receiving the products, the Client must send the downloadable withdrawal form to Seller, completely filled out, in which they communicate their desire to withdraw from the contract. This form must be sent via registered mail: Biasin Mattero D.I.- Via Caneva, 10-35024 Bovolenta(PD), or via email to: firstname.lastname@example.org
- Once the Seller receives the completed cancellation form, he will contact the Client via email to communicate that he accepts the withdrawal; furthermore, any costs regarding travel expenses incurred by the Seller or his employees in the collection of the purchased product, will be communicated to the Client and charged to the Client.
- As an alternative, the Client can go to the Sellers office and return the purchased product; the product must be returned in the original packaging (including the internal protections) avoiding damage with sticky labels or anything else. The package must be complete with all the accessories and all original content.
Upon receiving the items, the Seller will verify the integrity of the items and then reimburse the Client the amount of the purchase.
The reimbursement will be in the form of a bank transfer to the back account that the Client specified on the withdrawal form, or through credit card, PayPal, or the method of purchase. The reimbursement will be completed within 14 days of receiving the completed withdrawal form, except in the case that the Seller does not receive the product.
11) Promotions and Gifts
Promotions and special offers are valid until the stock is sold out, and within the terms stated on the website. Promotions are non-cumulative. If a special offer includes a gift, the Client receives the gift only if he adds that gift to the cart. The offer of the gift is valid until the stock is sold out. It’s not possible to substitute or return the gift.
12) Final Provisions
If any of the above terms and general conditions are found to be invalid, or will become invalid in the future, this does not influence the validity of the rest of the Contract. In this case, the invalid term will be substituted with another term that most faithfully represents it’s objective and economic aim, with the appropriate legal provisions.
The Seller reserves the right to rectify the present terms and general conditions at any moment. The rectified terms and general conditions will be accessible on the website.