The following Terms and Conditions (hereinafter referred to as T&Cs) shall apply to business relationships of any kind between the customer and Bad Dogs di Francesco Canacci (hereinafter referred to as “Bad Dogs”), Via Setteponti Levante 42b, 52024 Loro Ciuffenna (AR), Italy, registered in Italy with company number CNCFNC78R04A390F and VAT number 02364210514.
Customers may be traders or consumers. Consumer means any natural person who, in sales contracts, is acting for purposes which are outside his trade, business, craft or profession (Art2. 2011/83/EU directive). Trader means any natural or any legal person, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to the sale contract.
These T&Cs exclusively apply to our products and services. We do not accept any other T&Cs of the contracting party which deviates or are contrary to ours unless we have explicitly agreed that in writing.
Bad Dogs reserve the right to change or modify these T&Cs at any time subject to a fair prior notification to the interested parties.
1.General 1.1. The contractual language is Italian.
1.2. For the customers, should you need to contact us for whatever information you might need, including claims or disputes you can do so at the following email address info@baddogasudio.com.
1.3. The images of the Products on our site and online shop are for illustrative purpose only. Although we make every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Therefore, the Products might slightly change from the one represented on the images of our site and they do not constitute a legally binding offer.
1.4. By clicking the Paypal button “Buy Now” or “PLACE ORDER” for the Italian customers that choose cash on delivery method, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation
1.5. Bad Dogs reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Bad Dogs are excluded.
1.6. The purchase procedure in our online store, follows the technical steps as described below:
(a) By clicking the “Add to cart” button, the customer is redirected to the order overview page, where he can check the total order amount and the part composing it.
(b) By clicking the “PROCEED TO CHECKOUT” button, the customer is redirected to the order checkout page, here he needs to fill in the Billing and Shipping details and the “Method of Payment”
(c) Completion of the order is made by clicking “PROCEED TO PAYPAL” and when in Paypal by clicking “Buy Now”. For Italian customers that choose cash on delivery, the order is sent by clicking the “PLACE ORDER” button.
2. Delivery 2.1. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer, or a third party indicated by the customer and other than the carrier, upon handover of the goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods and the delivery shall be to the delivery address specified by the customer. However, the risk shall pass to the customer upon delivery to the carrier if the carrier was commissioned by the customer to carry the goods and that choice was not offered by us, without prejudice to the rights of the customer against the carrier.
2.2. If the client is a trader, delivery of the goods shall take place at Bad Dogs’ place of business or any other place as agreed and confirmed by Bad Dogs in the contract with the contracting party. If the merchandise purchased is shipped, the risk of accidental destruction, deterioration and loss of the goods shall pass to the buyer at the time the merchandise is handed over to the forwarding agent, carrier or person appointed for shipping the goods. That also applies to partial delivery.
2.3. Delivery dates specified by Bad Dogs are intended to be an estimate and the time of delivery is not of the essence. If no dates are specified, delivery of the goods shall be within reasonable time (for consumers within thirty [30] days).
2.4. Deliveries to countries outside the EU might be subject to additional charges and Bad Dogs have no control over them neither can predict what they might be. All the post-shipment charges be them: Import duties, taxes or custom clearance must be borne by the customer.
The customer must also be aware that some shipment might be subject to opening and inspection by custom authorities, Bad Dogs shall not be liable for any damage caused by custom authorities.
2.5. If the customer is a merchant (art. 2082 Italian c.c.), the goods must be thoroughly inspected upon receipt in order to detect any transportation damage. The customer must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. The customer must have written confirmation of the damage by the transport company when delivery occurs.
Although without legal obligation to do so, we kindly ask customers who are consumers to notify us of any clearly identifiable transportation damage.
2.6. If in case of delivery the acceptance is declined by the customer, if he has stated an inaccurate delivery address or if the goods cannot be delivered due to other reasons that are the customer’s risk, the customer is obliged to bear all of the freight costs and fees.
3. Title 3.1. If the customer is a consumer, Bad Dogs shall reserve the right of retention for the goods until the purchase price has been paid in full.
3.2. If the customer is a merchant, the property of the goods shall not pass to the buyer until Bad Dogs has received full payment of all the sums due to it in respect of the goods and all other sums which are or which become due to Bad Dogs from the customer. In the event of the other contracting party’s default in payment or any other conduct in breach of the contract, we shall additionally be entitled to take the merchandise back. If we take the merchandise back in such cases, we shall not withdraw from the sales contract by so doing. Withdrawal requires an explicit written declaration.
3.3. Until the ownership of the goods has passed to the buyer, the buyer shall store and maintain the goods in satisfactory conditions and keep them insured against any type of damage on Bad Dogs’ behalf for their full market price.
4.Statutory right of withdrawal 4.1.If the customer is a consumer, he has the right to withdraw from the Contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered. To exercise the right of withdrawal, the customer must inform us of his decision to withdraw from the contract by an unequivocal statement before the withdrawal period has expired. For that purpose, the customer may use the attached model withdrawal form, although it is not obligatory, or write to us at our email address sales@baddogsaudio.com, send us a letter (Bad Dogs, Via Setteponti Levante 42b, 52024 Loro Ciuffenna, Arezzo, Italy) or include a written declaration of withdrawal inside the package used to return the Product to us.
4.2. If the customer decide to withdraw from the Contract, we shall reimburse all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about the customer decision to withdraw from the Contract. We will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless the customer has expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement. The customer will bear the cost of returning the goods to us. The customer shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen (14) days from the day on which the customer communicates the withdrawal from the Contract to us. The deadline is met if the customer sends back the goods before the period of fourteen (14) days has expired. Bad Dogs reserves the right to withhold reimbursement until we have received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest. The customer shall be only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
5. Guarantees 5.1. Warranty formalities shall be carried out in congruence with the legal regulations.
5.2. If the client is a consumer, he is legally entitled to two (2) years guarantee on the defective Product, from the date on which the customer takes possession of the final goods delivered. Unless the state of residence of the customer extend such right.
5.3. If the customer is a trader, he is entitled to two (2) years warranty on the defective product provided that, upon receipt of the goods, the customer inspected and verified conformity of the goods with the contract and reported any defect due to damage during transit by written notice to Bad Dogs within 7 days, describing the defect in detail. Failure to do so will void the two (2) years warranty given by Bad Dogs and the delivered product shall be deemed as accepted by the buyer. This is unless the defect was not recognizable upon inspection.
5.4. For more information, please read our Warranty Policy.
6. Payment terms 6.1. Unless otherwise agreed in writing, invoices from Bad Dogs must be paid in full without delay.
6.2. Orders paid in advance will be shipped upon receipt of payment. Order made by Cash on delivery must be paid by cash.
6.3. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer. 6.4. In case of payment by Paypal, please log into your Paypal-account. Afterwards you are free to pay via debit card, credit card, online wire transfer or deduction from your Paypal account. To pay with your credit card or deduction, you will need to enable these functions in your Paypal account. Further information regarding the Paypal payment procedures can be viewed here http://www.paypal.com.
6.5. If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at six (6) percentage points above the respective base rate for the duration of the delay.
7. Total liability 7.1. Bad Dogs shall not be liable to the customer under any circumstances for any pure economic loss, loss of profit, loss of business, loss of or damage to data or information, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
7.2. We will not be held responsible for any delay or failure to comply with our obligations under these T&Cs if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
7.3. Nothing in these T&Cs limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
7.4. Any further liability for damages shall be excluded. 7.5. Wherever our liability is excluded or limited, this shall also be true for the personal liability of our employees, staff members, associates, representatives and vicarious agents.
8. Place of fulfilment and place of jurisdiction 8.1. The Italian law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
8.2. If the customer is a merchant within the meaning of the Italian Commercial Code, venue and place of fulfilment and jurisdiction shall be deemed to be Arezzo. However, we shall also be entitled to bring an action against the ordering party at its place of residence or business seat.
9. Alternative dispute resolution 9.1. If you have a problem with a product or service that you bought, for example if a trader refuses to repair a product or refund you money, you can try to settle the dispute out of court using an alternative dispute resolution procedure.
If your dispute relates to a product or service you bought online, you can also submit your complaint online via the online dispute resolution (ODR) website.
For more information visit http://ec.europa.eu/consumers/odr/
10. Final Provision 10.1. Should provisions of these General T&Cs and/or the contract be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced with a valid one that corresponds to the purpose of the agreement or at least comes closest to achieving the same commercial result originally intended by the contractual parties, had they been aware of the invalidity of the provision. The same shall apply for any incompleteness in the contract.
