Terms and Conditions of Sale

  1. The contractual parties
  2. Obligations of the buyer
  3. Applicability of these general conditions of sale
  4. Subject of the online contract and its definition
  5. Conclusion of the contract
  6. Purchase, sale prices, purchase and payment methods
  7. Acceptance or cancellation of the order
  8. Order confirmation
  9. Taking charge of the order
  10. Shipping methods, costs and times
  11. Disputes, guarantees and complaints
  12. Right of withdrawal
  13. Contract resolution and express termination clause
  14. Jurisdiction and competent court
  15. Personal data treatment

 

These general conditions of sale apply exclusively to the supply of products offered for sale from the Takumiya.it site of the Probam Srl company, based in Milan (MI), in via Settembrini 35, registered with the Milan Chamber of Commerce in the Register of Companies under no. MI-2575000, VAT number, on the website www.takumiya.it which concerns electronic commerce, i.e. the marketing of goods via the internet, i.e. using telematic tools.

 

1.The contractual parties

"Seller": Probam Srl, based in Milan (MI), in via Settembrini 35, registered with the Milan Chamber of Commerce in the Register of Companies under no. MI-2575000, VAT number 11039300964, on the website www.takumiya. it by addressing directly to third party customers-buyers;

"Buyer": the customer intended both as a consumer, that is any natural person acting for purposes not related to any commercial, entrepreneurial or professional activity carried out, and as a professional, ie the subject, natural person, public or private legal person, entity unrecognized collective with autonomous legal subjectivity, which in concluding the contract acts within the framework of its professional or entrepreneurial activity.

 

2. Obligations of the buyer

The buyer is invited to print or keep these general conditions according to the preferred methods. It should be noted that in the event of changes to these, the general conditions published on the site at the time the order is sent by the buyer will apply to the purchase order. It is forbidden for the purchaser to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the conclusion of this contract for him and this also in all further communications; personal data and e-mail must contain only their personal data. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties.

 

3. Applicability of these general conditions of sale

These general conditions of sale apply exclusively to the supply of the products offered for sale by Probam Srl on the website recalled and are therefore excluded, in the case of supply of services or in the case of the sale of products by different subjects and / or in any case third parties and possibly present on the site through links, banners or other hypertext links. These general conditions of contract, hereinafter more briefly "Conditions", must be intended to prevail over any other agreement, agreement and / or convention between the parties for any reason whatsoever, except, in any case, the express acceptance by the seller . This is a purchase proposal subject to acceptance. Here are the conditions of sale that will remain effective until changed by the seller.

 

4. Subject of the online contract and its definition

By "online" sales contract we mean the distance contract, that is the legal transaction having as object movable property and / or services stipulated between a seller, Probam Srl, based in Milan (MI), in via Settembrini 35, registered at the Milan Chamber of Commerce at the Register of Companies under no. MI-2575000, VAT number 11039300964, and a buyer in the context of a distance selling system organized by the seller who, for this contract, uses the distance communication technology called "internet". All contracts, therefore, will be concluded directly through the buyer's access to the corresponding website at www.takumiya.it.

 

5. Conclusion of the contract

The language of the contract is Italian.

The purchase order is made by inserting the selected items in the cart and by sending the order electronically to Azienda Probam Srl, following the relative instructions.

The text of these general conditions of sale is an integral and substantial part of the purchase procedure.

 

6. Purchase, sale prices, purchase and payment methods

Each item that can be purchased is accompanied by a "Product Sheet" which contains:

  • •  a reproductive photograph of the property offered for sale which, although it can be made with the utmost care, may not represent the product perfectly and faithfully, the photo is in fact to be considered as an example only;
  • •  a general description of the product identified by a name;
  • •  availability of the same;
  • •   materials and metals with which the asset is made;
  • •   indicative measure of the product;
  • •  general and particular characteristics of the asset;
  • •  sale price to the public including ancillary costs such as, by way of example, VAT and transport costs.

The Seller reserves the right to change prices at any time and without notice, however the prices present at the time of order confirmation will be charged to the Customer.

To start the purchase phase, select the product to be purchased and add it to the cart:

the product is selected by clicking on the "Add to cart" button;

the "Cart" can contain one or more products and can be modified at any time before the payment is made; the addition to the cart can be done both from the catalog and subsequently from the product sheet.

Once you have chosen the product to purchase, you must select the "proceed to check-out" command and before completing the verification procedure (so-called check-out), the user will be asked to log in with their personal account after prior registration to the site as described below. However, it should be noted that the verification procedure (so-called check-out) can also be completed without registering, but in this case it will still be required to enter the personal and payment data, necessary to execute the order.

Registration on the site

Registration does not imply any obligation. Registering is free and extremely simple. Once all personal information has been entered, these will be saved using a user name (so-called username) and a password, both of which must be recalled every time you want to place an order. Registering on the site allows the following advantages:

  • •  possibility to save the articles in the wishlist for later viewing;
  • •  possibility of making quick orders;
  • •  ability to view previous orders;
  • •  ease of management and modification of personal data.

Sales and transport prices

All the sales prices of the services displayed and indicated on the website, for which they constitute an offer to the public pursuant to art. 1336 cc, are inclusive of VAT and all other taxes (unless otherwise indicated).

Where foreseen, the cost of transport is duly highlighted on the appropriate page within the site that the Customer will take care to view before confirming the purchase; in case of delivery abroad, the purchaser will be responsible for any additional costs due to taxes or duties provided for by the legislation in force in the country of destination.

The order confirmation can take place after:

  • •  have carefully read and accepted the "General Terms and Conditions of Sale";
  • •  having read the Privacy Policy and therefore authorized the processing of personal data;
  • •  having pressed “check-out”, through which the payment is accessed;
  • •   having entered the information that is essential for taking charge and shipping the goods listed in the "order summary".

Furthermore, the buyer is required to verify the correspondence of the data entered, which he can possibly correct, in the event of errors, by sending a correction communication to Probam Srl, or by e-mail to the address  info @ p robam.it.

7. Acceptance or cancellation of the order

The customer accepts his order by sending the confirmation to the Seller electronically via the "complete my purchase" button. In fact, once the payment data has been provided, the customer is redirected to the website www.takumiya.it for definitive confirmation or for the eventual cancellation of the order.

The Seller reserves the right to refuse the order, if the customer has not respected the purchase procedure, has not accepted the General Conditions of Sale or if he does not provide all the data required for shipping and invoicing or in any case if the payment is not successful, i.e. the crediting to the Seller's account has not been carried out correctly.

Failure to enter all the data requested from time to time in filling in the fields and failure to accept all the requested contents will make the order impossible to process.

 

8. Order   

confirmation The order confirmation is proof of the acceptance of the order by the Customer, who declares to have understood and accepted the contents of the same, including these conditions. The contract is considered completed once the order has been received electronically by the Probam Company and the customer will receive confirmation by e-mail. The order confirmation will be filed in the seller's database for the period of time necessary to process the orders and in any case in accordance with the law.

 

9. Taking charge of the order

Once the contract is concluded, the Probam Company takes charge of the purchase order and sends the customer to the e-mail address communicated by the same a receipt of the purchase order together with an e-mail about the confirmation of the authorization of the balance of the transaction.

The customer is updated on the status of the order by e-mail and in any case he can request information by contacting the seller by e-mail info@takumiya.it.

The seller reserves the right not to process purchase orders that are incomplete or incorrect, that are not followed by successful payments or in case of unavailability of the product presented on e-commerce, are no longer available or for sale. at the time of the last access to e-commerce or at the time of sending the order confirmation and in this case it will be the Seller's responsibility to communicate, promptly and in any case within thirty (30) days from the day following that of forwarding of the order to the Seller, any unavailability of the products ordered. The Seller will therefore reimburse the amount already advanced by the Customer, without further compensation. In such cases, the contract is considered terminated by the parties and the seller undertakes to communicate to the buyer,

The Seller also supplies the products to professional customers who, in concluding the contract, act within the framework of their professional or entrepreneurial activity and in the case of orders of particular importance, the professional can contact Probam Company directly by e-mail info@takumiya.it.

10. Shipping methods, costs and times

The site indicates the delivery times of the products, however, this information is to be considered purely indicative and not binding for the Seller, who undertakes to respect the delivery times indicated on the site, but is not responsible for any delays in delivery by the courier.

The site is visible and accessible all over the world. The products available on the site can be purchased by buyers who request delivery throughout Italy and in the countries belonging to the European Union and who can check all the states indicated on the site at the time of sending the order. The Seller accepts orders that provide for delivery both on the Italian territory and in the member countries of the European Union.

For Italy, shipments take place from Monday to Friday, within 1/2 working days and within 2/3 days for remote areas of the Italian territory, excluding Saturdays, Sundays and holidays. Delivery times depend on the destination and are served by our trusted courier (see UPS), who will deliver the ordered products to the address indicated at the time of the order placed by the buyer.

Shipping costs in Italy are 3 euros. For any order over € 99.00, shipping in Italy is free, only and exclusively in Italy.

For the European Union it will be required to indicate the country of destination and on this basis, together with the total weight, the amount of the entire shipment (products plus shipping costs) will be calculated. The day of delivery will depend on the destination, from 3 to 5 working days and on the goods ordered. Any import customs fees due to the right of withdrawal are to be paid by the buyer. The delivery times of the courier to the customer's home are indicated on the site and are in any case to be considered indicative, as they may be subject to variations due to force majeure, disadvantaged traffic and road conditions or strikes.

It is possible to check the status of shipments through direct consultation on the website www.ups.com. The delivery of the products by the courier takes place only in the presence of the buyer or his representative in the place indicated by the same. In case of absence of the buyer (or his delegate), the courier will leave a second delivery notice for the next working day. If the shipment is not delivered to the recipient because it is absent, the purchase order will be automatically canceled and the products will return to the seller's warehouse. The seller will refund the customer the price of the undelivered products as well as any shipping costs within 5 days of returning the products to the warehouse. For member countries of European Union in the event that it has not been possible to deliver a shipment to the recipient, this will be stored at the postal operator of destination for an average of 15 days including Saturdays and holidays. If no one comes to collect the goods after 15 days, the purchase order is considered canceled and the products will return to the seller's warehouse. In this case, the seller will refund the buyer the price of the undelivered products plus the shipping cost within 5 days of returning the products to the warehouse and the purchase contract will be automatically and definitively canceled. purchase order is canceled and the products will be returned to the seller's warehouse. In this case, the seller will refund the buyer the price of the undelivered products plus the shipping cost within 5 days of returning the products to the warehouse and the purchase contract will be automatically and definitively canceled. purchase order is canceled and the products will be returned to the seller's warehouse. In this case, the seller will refund the buyer the price of the undelivered products plus the shipping cost within 5 days of returning the products to the warehouse and the purchase contract will be automatically and definitively canceled.

Any damage to the packaging and / or products or the mismatch in the number of packages or information must be immediately contested by the buyer, by putting the wording "Accepted with reserve" on the courier's delivery receipt. Once the courier's transport document has been signed, the customer will no longer be able to make any objection regarding the external conditions of the products delivered. Furthermore, the buyer undertakes to promptly report to the seller by means of an electronic message to the address info@takumiya.it, any and all problems concerning the physical integrity, correspondence or completeness of the products received.

 

11. Disputes, guarantees and complaints

Any disputes relating to the integrity, flaws and / or defects of the purchased product must be reported by the buyer, under penalty of forfeiture, within eight days from the day of receipt of the goods by sending an electronic message to info @ takumiya.it.

Probam ensures that all products for sale on its site are new and original, they are all imported directly from Japan and enjoy all the guarantees provided by the legislation in force at the time of purchase. The warranty applies to products that present lack of conformity and / or malfunctions that cannot be found upon purchase, provided that the product itself is used correctly and with due diligence, that is, in compliance with its intended use and as provided for in any attached documentation. The aforementioned guarantee will not in fact be applicable in case of negligence or carelessness in the use and maintenance of the product. At the time of the order, the buyer is in any case required to check the requirements of the product he intends to purchase. The guarantee is personal and will therefore apply only to the original purchaser, being reserved for direct customers and not for subsequent users. The defective product, in order to be replaced, must, at the time of return, be complete with the packaging and all accessories present therein and any documentation received by the customer at the time of purchase. The return of the product by the purchaser without the original packaging, accessories and any documentation referred to above, prevents Probam from replacing the product itself. packaging and all accessories therein and any documentation received by the customer at the time of purchase. The return of the product by the purchaser without the original packaging, accessories and any documentation referred to above, prevents Probam from replacing the product itself. packaging and all accessories therein and any documentation received by the customer at the time of purchase. The return of the product by the purchaser without the original packaging, accessories and any documentation referred to above, prevents Probam from replacing the product itself.

Returns must be made to this address: Takumiya, via Olmo di Riccio 58, 66034, Lanciano (CH)

The seller reserves the right to verify the actual defect reported by the customer and therefore to make the replacement only after this check.

The costs of returning the purchased goods to the seller remain the responsibility of the buyer.

Any complaint relating to product deliveries and their characteristics at the time of delivery must be reported by the buyer to the seller by writing an email to info@takumiya.it.it. Complaints must contain a description of their object and the reasons on which they are based.

 

12. Right of withdrawal

The buyer has the right to withdraw from the concluded contract, without any penalty and without indicating the reason, obtaining a full refund of the purchase price, no later than ten (10) working days from the day of receipt of the product.

The withdrawal must be completed by sending an email to Probam, based in Milan (MI), 20124, in via Settembrini 35 or with advance notice and sent by telegram, telephone, or registered letter with acknowledgment of receipt within the following 48 hours.

The return of the purchased goods must take place within ten (10) days from the sending of the aforementioned registered letter and will be considered validly carried out provided that it is intact in all its parts and has not been used. The reimbursement of the price paid for the purchase does not include the shipping costs for the return of the goods which are the sole responsibility of the buyer. The buyer bears the risk of loss or damage to the product to be returned during transport up to delivery at the Takumiya location indicated above. In the event that the buyer returns the goods late, as well as in the event that it is damaged, used or even only opened and again in the hypothesis that some of its parts or components are missing or damaged,

The refund of the price paid will take place as soon as possible and in any case no later than thirty (30) days from receipt of the registered letter communicating the intention to withdraw from the purchase, but not before the return of the purchased product.

In case of exercise of the right of withdrawal, if there is no correspondence between the recipient of the products indicated in the order procedure and the person who made the payment of the sums due for their purchase, the refund will be made by the seller to those who have made the payment.

The buyer has the right of withdrawal without any penalty, the only costs to be borne by him are those relating to the shipment of the product.

In the event of damage to the goods, any repair costs will be deducted from the amount to be reimbursed. If the methods and terms for exercising the right of withdrawal are not respected, as specified, the customer will not be entitled to a refund of the sums already paid to the seller or to the issuance of the requested credit; however, the customer, at his expense, will be able to get the products back in the state in which they were returned to the seller. Otherwise, the seller can keep the products, in addition to the sums already paid for their purchase.

 

13. Contract termination and express termination clause

Probam has the right to terminate the stipulated contract by simply notifying the Customer with adequate and justified reasons; in this case, the Customer will only be entitled to a refund of any sum already assumed and paid.

 

14. Jurisdiction and competent court

These general conditions of sale and the obligations deriving from it are entirely subject to Italian law, even if carried out in part abroad and in particular as regards relations with the Consumer, to the regulation and discipline contained in the Consumer Code referred to in Legislative Decree 6.9.2005 n. 206, with specific reference to the legislation on distance contracts and in the legislative decree 9 April 2003 n. 70, on electronic commerce, as well as the Civil Code.

For any dispute concerning the interpretation or execution of this contract, the domicile or residence of the purchaser in the case of a consumer is competent, while for professional customers, it is agreed that any dispute will be the exclusive competence of the Court of Vicenza.

The seller reserves the right to make changes or amendments to these General Conditions of Sale at any time and these will be effective exclusively in relation to purchase orders submitted after the date of modification or new amendment.

15.Personal data processing

personal data requested when placing the order are collected and processed in order to satisfy the express requests of the customer and will not in any case and for any reason be transferred to third parties. The seller guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code referred to in Legislative Decree 196 of 30.06.03. In order to proceed with the registration on the site or the order and therefore the conclusion of this contract, the personal data of the buyer are requested through the site. the latter acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and in compliance with the legislation referred to in the Italian law Legislative Decree no. 196/2003 code regarding the protection of personal data, to execute each purchase made through the site. The owner of the processing of personal data provided by the customer is the Probam Company based in via settembrini 35 - 20124, Milan (MI) which declares to treat users' personal information with great care. The data will be processed using suitable tools to guarantee security and confidentiality. The data provided by the customer will be processed for the following purposes: to provide the service and supply the products purchased on the site, to execute the transaction that the buyer is carrying out, to fulfill legal obligations and for operational and regulatory needs, fiscal and management. The data will not be disclosed to other subjects, with the exception of the courier in charge of delivering the products, nor will they be disclosed to third parties. The buyer declares and guarantees that the data provided to the seller during the registration process and for the purchase of products are correct and truthful. With the electronic sending of the confirmation of his purchase order, the customer takes note of its disclosure and agrees to the processing of the personal data provided. It will always be able to exercise the rights provided for by article 7 of the Privacy Code.