THE JOURNEY - viaggio nella terra dei draghi


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THE JOURNEY | Terms of Sale

Terms of Sale

1. Parties of the contract

  • Seller: the Associazione Culturale Discipline Orientali Sifu Paolo Cangelosi - headquartered in Genova (GE) ITALY, Salita delle Fieschine 17F, 16122, Phone: (+39) 010 839 15 75 - Email: cangelosipaolo@libero.it - Website: www.sifupaolocangelosi.com - VAT n. 01178640999
  • Customer: the person identified by the data entered on compiling the order form.


2. Subject of the contract
The Seller provides a showcase in which the customer can select and purchase products and equipment for various gyms and athletes by means of
www.sifucangelosi-thejourney.com personal website, printed catalogs, and a showroom located in Genova, Salita delle Fieschine 17 F. The customer will be able to confirm its willingness to purchase by either filling out the form available on the site, or by filling out the pre-printed form that will be supplied by the Seller upon simple request, even by telephone. The customer's order shall be binding only after acceptance either by Email or by fax or by mail sent by the Seller.

3. Nature of the relationship and non-enforcement cases of consumers protection laws

In compliance with national and EU laws currently in force, consumer protection laws govern the economic relationship between the Seller and the Customer only if the customer is an individual and purchases for personal purposes unrelated to his work. Therefore, the relationship between the Seller and the Customer who buys for purposes related to his work, by providing his VAT, involves no application of national and European Community regulations to protect consumers.

4. Prices
Save for different written indication, all quoted prices are considered "VAT not included" and expressed in Euro. The validity of prices is always and only that indicated at the time of the order confirmation sent by the Seller to the Customer. Therefore, photographs and prices on the web pages of the website or catalogues are not binding for contractual purposes. In fact, the prices of products may change without prior notice.

5. Payment
As a rule, the payment is only made in cash to the courier upon delivery of the goods at the address provided by the customer on placing the order. For payments exceeding 500.00 the Seller reserves the right to require payment in advance by bank transfer either of all or part of the price of the supply. On paying by bank transfer, goods will be shipped only after receiving the payment at the Bank indicated by the Seller. On paying only part of the price by bank transfer, the balance must be settled in cash "on delivery". The cost of stock in the Courier warehouses resulting from Customer's failure to collect the goods will be fully charged to the Customer.

6. Ownership of the goods

The products ownership is transferred to the buyer only upon balancing the related invoices, intending the sold goods under suspended condition of private ownership until full payment.

7. Purchase orders
The system provides for the Seller's order confirmation of the actual availability of reserved items, for which orders or reservations for not available material will not be accepted and managed. In case of unavailability, completely or in part, after the order due to causes beyond the Seller's control, he shall notify in writing (including by Email) within 30 days from date of order, the information to execute the order itself. Every order is marked by a code (order number) and contains the starting date, the estimation of the delivery date, details of purchased items, shipping charges and the individual prices in Euro including VAT, the costs indicated as taxable (VAT excluded) and total (VAT excluded) in Euro. Orders for either replacements or possible additions, unless the explicit Seller's acceptance, will be treated as new orders. The order acceptance by the Seller's information system does not bind the Seller until he has not issued a specific written confirmation, also by Email address, to the address provided by the Customer. The supply includes only the products in the quantities specified in the letters and/or fax of the order confirmation sent by the Seller or in any of the order changes. The order confirmation text shall prevail in any case texts dissimilar from offer and order, unless the Buyer has not immediately contested possible differences on receiving the goods. Any condition expressed by the Seller's officials or intermediaries will be worthless if not reproduced in the text of the confirmation letter and/or fax. The Customer accepts that communications sent by the Seller and inherent to the order can also be sent by Email (electronic format).

8. Delivery options
Except in the case of the Customer's direct withdraw of goods by either the Seller's headquarter or warehouse by showing the confirmation order, the Seller shall make shipments to the customer by trusted selected and the goods travel with transportation costs and risks fully charged on the Customer. These costs, along with other expenses related to transport and/or shipment of products, are accounted for and detailed in both the order confirmation and invoice. Upon receiving the goods at the specified address the Customer will have to verify the packages integrity and the correspondence with the quantity and quality as specified in the associated document. In case of discrepancies and/or discrepancies it will be up to the Customer to exactly point out these discrepancies on the transport document (either delivery note or waybill). The non-proceeding will produce the loss of faculty to enforce the rights in this regard.

9. Indicative terms of delivery
The Seller indicates to the Customer a reasonable delivery timeframe of 8 working days with the exception of the Islands and the mountain villages with difficult access, for which the delivery time is approximately 8 working days. The times now indicated start from the order confirmation date sent by the Customer to the Seller, plus a working day. The delivery conditions described above are valid for the products available at the Seller's warehouse. In the case not available products, will prevail the delivery time indicated in the budget sent to the Customer. In any case, the delivery times are indicative and are not absolutely binding for the Seller, since there is no guarantee for them, save for mandatory commitments established on ordering, for which are anyway excluded the fortuitous events and other required by law. Therefore, in no circumstances any delay may give rise to damages or resolution, even partial, of the contract, unless the Seller has not expressly accepted these consequences at the time of sales order and confirmation. In the latter case, among the fortuitous events able to release the Seller from responsibility for delivery failure or delay, are indicatively but not mandatory considered disruption of rail service or other services associated with the transport of goods, lack of wagons for loading, mobilization, blockage, or even the war in suppliers of raw materials Countries, staff mobilization, occupation of factories, lockouts, fires, floods, public calamities, and so on.

10. Right of withdrawal
The Seller, according to D. Decree 185/99 (consumer protection in distance contracts), informs the Customer of the following:
a) the right of withdrawal may be exercised by the Customer no later than 10 working days after receiving the goods;
b) the right of withdrawal is only pertaining to the Customer who buys for purposes unrelated to his work and economic activity by communicating his tax code along with his personal details to the Seller.

10.1. Exclusion of the right of withdrawal
The right of withdrawal does not apply to the Customer who buys for purposes related to his work (eg: instrumental use, resale, etc.) and therefore informs the Seller of his VAT. The right of withdrawal is also excluded in the following cases: purchase of packaged goods, where packaging has been opened by the Customer; purchase of tailor-made or personalized goods or which, by their nature, cannot be returned or may rapidly deteriorate; purchase of goods specifically ordered for the Customer.

10.2. How to exercise the right of withdrawal
The right of withdrawal is performed by the Customer on sending within the period mentioned above a registered letter to the
Ass. Cult. Discipline Orientali Sifu Paolo Cangelosi, Salita delle Fieschine 17F, 16122, Genoa (GE) ITALY.
This communication must necessarily contain all that follows:
1) the order number corresponding to the withdrawal;
2) the express will of the Customer to terminate either in whole or in part the purchase contract;
3) the description and code numbers of goods related to the withdrawal;
4) a copy of the purchase document (invoice - transport document) related to the withdrawal.
In the absence of the requirements highlighted in paragraphs 1, 2, 3 and 4, the Seller shall not grant the Customer any right of withdrawal. For the fairness of relationship the Customer agrees to keep and preserve with utmost care and diligence the received goods for which it intends to exercise the rights of withdrawal, keeping them intact with the original packaging, as well as all internal and external accessories and assembly parts supplied with each product as for example: screws, washers, and so on. The Seller accepts the returned goods received in perfect condition, intact and functioning, resalable and returned in their original packaging, crediting the full amount, with the exception of transport costs, which are not refundable in any case. In the event that the purchase price incorporates the transport costs, and if the latter are not clearly established, they will be deducted from the paid price for an amount of 25.00 VAT included. After receiving the registered letter with which the Customer communicates his intention to exercise the rights of withdrawal the Seller, after checking the requirements mentioned above, will communicate his acceptance and authorization of refunding to the Customer. The Customer undertakes to return the products for which he has exercised the rights of withdrawal no later than 7 (seven) days of notification of acceptance by returning the goods to the following address:
Ass. Cult. Discipline Orientali Sifu Paolo Cangelosi, Salita delle Fieschine 17F, 16122, Genoa (GE) ITALY.
The costs and risks of transport for the return are fully paid by the Customer. The return of damaged products, deteriorated or lacking in original equipment accessories will not be accepted by the Seller and will be returned to the sender with an increment in transport costs. The Seller, upon receiving the goods in accordance with what mentioned above and after due verifications, will reimburse the Customer in the shortest possible time.

11. Product warranties
The Customer fully agrees on purchasing business and assistance warranty terms possibly offered by the manufacturers of the purchased items, which may be independent from the will of the Seller, which therefore is not responsible of these conditions of warranty and service. The Seller warrants that the supplied products comply with the Italian and European Union rules. No guarantee is given if the Customer is resident in a country outside the European Union. In any case, the Customer may request information about the particular conditions of warranty and support services offered by various manufacturers simply by written request, including Email.

12. Guarantees given by the Customer
The Customer guarantees, by assuming all responsibility and keeping the Seller safe from any prejudice, that provided data on acceptance of these terms and conditions are true and can identify the real identity of the Customer, who also agrees to inform immediately the Seller of any change of the provided data in writing form or by Email. The Customer is therefore advised that the purchase order confirmation of the order expressed by following the Seller's acceptance are valid and binding and require the Customer to accept the receipt of goods ordered and pay the amounts set on accepting the order.

13. Limitation of liability
Any information related to products sold by the Seller is exclusively based on published data and made known by their manufacturers, so that the Seller is not responsible for the correspondence of goods sold to the specifications published on the site
www.sifucangelosi-thejourney.com, on catalogues as well as on any other publication. In particular, the photographs and drawings of the products are purely provided for explanation and are not in any way part of the contract. In addition, the Seller shall not be liable for malfunction due or not due to unforeseeable circumstances when they are not directly attributable to the Seller's misconduct or gross negligence.

14. Governing Law. Jurisdiction
For all provided services on
www.sifucangelosi-thejourney.com site, is exclusively applied the Italian State law. The Court of Genoa is jurisdiction and explicitly accepted by the Customer for any dispute relating to the application, interpretation, and execution of this contract. Although not expressly provided in these terms and conditions, we refer to legislative decree October 9, 2002, No. 2312 implementing Directive 2000/35/EC on combating late payment in commercial transactions, as well as the existing provisions on Civil Code on the subject.

15. Information for Law 675 of 1996 on the protection of personal privacy
The Customer is informed that: The personal data are treated by the
Ass. Cult. Discipline Orientali Sifu Paolo Cangelosi, Salita delle Fieschine 17F, 16122, Genoa (GE) ITALY, in the person of Paolo Cangelosi. The processed data are those supplied by the Customer. The goals of treatment are: the legal obligations abidance, the contract fulfilment, the interactive commercial information pursuit (with possible sending of advertising material), the promotion and better understanding of the Customer needs. The Customer sensitive data are not treated in any way. The treatment modalities include the use of automatic and manual processes. The scope of any communication or dissemination of data is limited exclusively to the Ass. Cult. Discipline Orientali Sifu Paolo Cangelosi, Salita delle Fieschine 17F, 16122, Genoa (GE) ITALY and to those necessary to fulfil the contract or to comply with legal obligations. The treatments excluded from the agreement are aimed to meet the obligations of law or contract. The duration of treatments, cover a period of 10 years and at the end of the process, the data will be destroyed. The consequence of the refusal to give consent to the data processing is the inability to enter into the contract. The Customer is entitled to the rights under Art. 13 of law 675/96 here transcribed in full.

REQUEST FOR THE PROCESSING OF PERSONAL DATA CONSENT
The Customer, after reading the above information, gives his full consent to the processing of personal data during registration and those relating to the use of the service as described in the same.




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