The access and use of the web space owned by Luca Waldner called "LW-shop" in URL https://shop.lucawaldner.com are activities subjected to the rules presented in this document.
These conditions are valid exclusively between the company Luca Waldner, with registered office in via G. Piazzi 14, 23026 - Ponte in Valtellina (SO) Italy, VAT number IT00785070145, REA SO-59519, hereinafter referred to as "LUCA WALDNER" and any natural person or company that makes online purchases, therefore using "distance contract", hereinafter referred to as "CUSTOMER". These conditions may be subject to change and the date of publication at the end of this document is equivalent to the date of entry into force.
These conditions govern purchases made in compliance with the provisions of Part III, Title III, Chapter I, of the Italian Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and Legislative Decree 70/2003 on electronic commerce.
By using and making purchases on the site shop.lucawaldner.com you accept and explicitly agree to comply with these conditions.
If you do not agree, please do not use the site.
Through the rules contained in this document Terms and conditions of use, LUCA WALDNER sells and the CUSTOMER remotely acquires the products produced by LUCA WALDNER. The contract is stipulated exclusively through the internet using the step-by-step procedure offered by the online store. The contract stipulated through the registration of the CUSTOMER, the choice and purchase of products from the site is concluded only at the time of payment of the purchased items.
The CUSTOMER undertakes to examine, before proceeding to confirm its order, these Terms and conditions of use and to accept them through the mandatory apposition of a flag specially prepared and clearly visible (together with the link where this document can be viewed, downloaded and printed), without which the order can not be forwarded. In the order confirmation emails, the CUSTOMER will receive the link again to view, download, archive, print a copy of these general conditions of sale, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
It is ascertained that the CUSTOMER, before the conclusion of the purchase contract, as well the payment of the purchased items, has read the characteristics of the item is about to be purchased, visible on the websites of LUCA WALDNER (lucawaldner.com and shop.lucawaldner.com), and through any direct information received from LUCA WALDNER himself. Before the validation of the order, also through this document the CUSTOMER is exhaustively informed about:
The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to LUCA WALDNER, the geographical address, telephone and fax number, e-mail address, information that is also, for convenience, reported at the end of this document.
The sales contract is considered prepared with the completion of the purchase procedure by the CUSTOMER and considered concluded with the receipt, by LUCA WALDNER, of the entire amount due. The confirmation email also contains a link to print and store a copy of these conditions. Upon receipt of the order confirmation email, the CUSTOMER undertakes to verify its correctness in all its parts and to promptly notify any change or inaccuracy. In case of absence of request for modification by the CUSTOMER, the data are to be understood as verified and correct.
LUCA WALDNER undertakes to describe and present the items on sale in the best possible way. Nevertheless, also considering the handcrafted nature of the work, as well as the incomplete (due to its intrinsic nature) replicability of the characteristics of the woods, some small differences may emerge between the product shown and the product received. This is absolutely normal and contributes, indeed, to determining the uniqueness of a product. Moreover, the photographs of the products presented on the net or the viewing of similar products seen from life do not constitute a contractual element, as they are considered representative of themselves and not 100% replicable.
All sales prices are clearly indicated on the website, they are expressed in Euro and include VAT (not separable).
Shipping costs are not included in the items price but they are well reported on the website, in the confirmation email and in the invoice. Where it is not possible to calculate a specific shipping cost, this is clearly communicated to the CUSTOMER. LUCA WALDNER has the right to change prices at any time, however the products purchased by the CUSTOMER will be billed at the price signed by the CUSTOMER at the time of purchase.
Payment by the CUSTOMER can be made with:
The bank details will be communicated in an email contextual to the order confirmation email. The invoice, in accordance with the 2019 budget law for the flat-tax regime, will be paper-based and will follow the methods of delivery provided for by law.
The delivery times of the order indicated in the shipping preview are purely indicative and do not constitute a contractual element. LUCA WALDNER undertakes to always offer the utmost punctuality and quality of service to the CUSTOMER, and to send the products within 2 working days from receipt of payment, moment in which can be considered concluded the purchase contract.
The carriers to send the goods can be either BARTOLINI, UPS, GLS, Italian Post, DHL, TNT.
For shipments outside the EU, the customs of the destination country may apply import costs. These are not considered hidden costs and it is the concern and responsibility of the CUSTOMER to inquire about them.
The guitars always travel with full value insurance.
At the time of sending, an explanatory email is sent to the recipient on how to check the journey of the goods through online tracking.
Any damage or mismatch in the number or size of packages must be immediately notified to the driver who makes the delivery, with the words "withdrawal with reserve for lack and/or damage of n °... packages" on the appropriate delivery note and promptly reported by email to firstname.lastname@example.org within one (1) calendar day. Even if the packaging is intact, the goods must be checked within one (1) calendar day of receipt. Any damage not evident from an external examination of the package must be reported to LUCA WALDNER within one (1) calendar day by email to email@example.com. Any notification beyond the aforesaid terms and/or notified by different means indicated above is not valid and will not be taken into consideration.
The CUSTOMER assumes full responsibility for each declaration. Once the courier's document has been signed, the CUSTOMER can not make any objection about the external characteristics of the goods delivered and the number of packages received.
Below is a summary of LGS On 22/05/1999 n. 185:
"The business relationship of sale are regulated by these conditions of sale as current Italian law. The supplier ships its products to the customer with couriers selected. The goods travel with costs and risks of transport fully charged to the customer. These costs and any other charges related to transport and/or shipment of the products are calculated and detailed in the order confirmation and invoice. Upon receipt of the goods at home, the customer must verify the integrity of packages. In case of discrepancies and/or differences, it will be responsibility of the customer refuse the package, otherwise it loses the right to assert their rights in this regard."
Only the individual CUSTOMER (individual - purchase without VAT) may exercise the right of withdrawal according to the Legislative Decree no. 206/05, the Consumer Code, in accordance with Article 7 of Law 29 July 2003, No. 229.
This right is the right of the CUSTOMER to return to the seller the goods purchased online without any charge, without obligation to give reasons, and to have refund of the purchase price, providing that the product is received by the seller in its complete and perfect conditions, in all of parts purchased and received and in its original packaging. As stated by law, the right of withdrawal can not be applied in the following cases:
The CUSTOMER must pay only costs of receipt and return of the goods (equal to each other) and the cost of supplies that may be necessary to restore the good to its original condition (for example, where the strings would lead signs of wear), as well as repairing any minor damage caused for simple shorter usage (varnish damage, knocks, etc.). In case of withdrawal, send (as required by law) within 14 calendar days from receipt of goods, a registered letter with acknowledgment of receipt (you can anticipate it by email or telegram provided that it is confirmed by registered letter with acknowledgment of receipt no later than forty-eight hours) stating the intention to withdraw from the contract and specifies the procedures for refund (bank details needed to make the transfer or PayPal data necessary to carry out re-credit: the only possible way to refund money is one of the same ways accepted by the shop as payment). This notification must be sent to:
via G. Piazzi, 14
23026 - Ponte in Valtellina (SO) - ITALY
As soon as possible and in any case within thirty (30) days of receipt of the statutory notice of withdrawal, LUCA WALDNER will make the refund to the CUSTOMER. We reiterates that such reimbursement is, however, subject to the evaluation of the good once received by the seller, to the count of consumables to be replaced (for example, if strings showing signs of wear) and any minor damage (scratches, marks on the varnish, knocks , etc.). In case of serious damage, you can not exercise the right of withdrawal. The CUSTOMER has the legal obligation to return the property in perfect condition, perfectly packaged in original packaging with all parts received (including accessories), and send it to LUCA WALDNER no later than ten (10) calendar days from the dispatch of the letter with which you are communicating that you intend to exercise the right of withdrawal. The beginning of the valid period to exercise the right of withdrawal (14 calendar days) starts from the date of receipt of the goods, the beginning of the period for the return of the goods to the seller (10 calendar days) from the date of the registered letter.
The CUSTOMER, in the case of personal pick-up (or a pick-up by a delegated person) of the goods in the workshop of LUCA WALDNER in Ponte in Valtellina or in another agreed location where the goods are physically delivered, automatically loses the right to exercise the right of withdrawal.
LUCA WALDNER sells high quality products.
All products have the legal guarantee of conformity in accordance with the Italian Consumer Code and the Italian Civil Code.
The products purchased by a professional CUSTOMER (ie a natural or legal person acting in the exercise of his business, commercial, craft or professional activity, or his intermediary) are covered by the warranty for defects pursuant to art. 1490 and ss. c.c.; the action of the professional CUSTOMER aimed at asserting the warranty for defects is prescribed after one (1) year from the date of delivery of the product purchased and the relevant defects must be reported in accordance with the terms of art. 1495 c.c.
The products purchased by a private CUSTOMER benefit of the legal guarantee of conformity ("Legal Warranty") provided for in articles 128 et seq. of the Consumer Code.
The Seller's Legal Warranty applies for conformity defects that occur within 24 months from the date of delivery of the product and that are reported by the consumer within 2 months after the date of the discovery of the defects, in accordance with art. 132 of the Consumer Code.
It is specified that a lack of conformity exists when one of the following situations occurs:
All parts subject to wear (strings, tuner machines, varnish, fretboard) due to problems caused by wear and tear, or problems due to improper use and non-compliance with directives received together with common sense (blows, scratches, signs of any kind, use in unsuitable places, etc.) are not covered by warranty. The CUSTOMER is protected by Legislative Decree 2 February 2002 n. 24.
The customer can complain by phone at tel. +39 0342 1971010 or by email: firstname.lastname@example.org
Luca Waldner has the right to terminate the contract simply notifying this to the customer with adequate and justified reasons, in which case the customer will be entitled exclusively to a refund of the amount already paid. General obligation assumed by the customer in the document "Terms and Conditions" as well as the guarantee of successful completion of payment by the customer using ways offered by the seller, are essential, so that the non-fulfillment by the customer of just one of said obligations will result in the termination of the contract in accordance with article 1456 of the Civil Code, without necessity of legal judgment, without prejudice to the right of Luca Waldner to bring proceedings for compensation for further damage.
For its part, the customer has the option to cancel the contract within 24 hours of receiving the email confirmation of purchase, giving timely notice by mail to email@example.com and possibly also by phone at +39 0342 1971010. If the goods had already been sent, the customer can only use (within the prescribed period) the right of withdrawal.
The owner of the data is LUCA WALDNER. The personal data of the CUSTOMER are processed for the sole purpose of managing the billing and sending of the purchased goods and are essential for the conclusion of the contract of sale. The collected data are: email address, name, surname, billing address, shipping address, tax code (VAT number, PEC and recipient code where present), phone number, order amount, details of products purchased, date purchase.
No sensitive data are collected and LUCA WALDNER guarantees the maximum protection of the collected data, their non-diffusion beyond the invoicing requirements imposed by law and the non-use to any other purpose different to the conclusion of the purchase contract signed by CUSTOMER.
The CUSTOMER has the right to request the correction of personal data at any time by simply sending an email to firstname.lastname@example.org or modifying them autonomously by logging into shop.lucawaldner.com site and managing the personal page.
The CUSTOMER has the right to request the complete anonymisation of the collected data (right to be forgotten), if this does not prevent the fulfillment of the legal and invoice obligations of LUCA WALDNER and not with regard to invoices already issued. This can be done:
In compliance with the Italian law, the invoice data will be kept for ten (10) years from the time of their collection.
A cookie is a small piece of text sent to your browser by a website you visit. It helps the website to remember information about your visit, like your preferred language, and other settings. That can make your next visit easier and the site more useful to you. Cookies play an important role. Without them, using the web would be a much more frustrating experience.
There are two types of cookies:
These can in turn be:
a. technical cookies
Technical cookies are those used for the sole purpose of (from the text of the Italian Garante) "to transmit a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the subscriber or by the user to provide this service "(see Article 122, paragraph 1, of the Codice). (Please note: for those who find this text incomprehensible —no, the problem is not the translation, in Italian it is exactly the same— , please refer to Supercazzola or Gibberish)
They are not used for other purposes and are normally installed directly by the owner of the website. They can be divided into navigation or session cookies, which guarantee the normal navigation and use of the website (allowing, for example, to create a purchase or a login to access restricted areas).
b. profiling cookies
Profiling cookies are designed to create user profiles and are used in order to send advertising messages in line with the preferences expressed by the same users during the surfing of the net. Due to the particular invasiveness and power that such cookies may have in the private sphere of users, European and Italian legislation requires the user to be adequately informed about their use and express their explicit consent.
c. analysis and performance cookies
These cookies are used to collect and analyze the traffic and use of the site anonymously. These cookies, even without identifying the user, allow, for example, to detect if the same user returns to connect at different times. They also allow you to monitor the system and improve its performance and usability. The deactivation of these cookies can be done without any loss of functionality.
Which cookies use this site
We have set up cookies for the browsing functions of the catalog, on-line purchase of products and the provision of services, excluding all analysis and profiling cookies.
The user can decide whether or not to accept cookies using the settings of his browser.
The total or partial disabling of technical cookies can compromise some features reserved for registered users. The usability of public content is also possible by completely disabling cookies.
Disabling the "third party" cookies does not prejudge in any way the navigability.
The cookies setting can be defined specifically for different websites and web applications. In addition, the best browsers allow you to define different settings for "first-party" and "third-party" cookies.
At the first visit the site shop.lucawaldner.com offers the information banner imposed by European legislation regarding cookies. Using only technical cookies and not profiling, marketing or other, the user's choice is not required.
This privacy statement has been prepared in fulfillment of the law, Art. 10 of the Directive n. 95/46 / EC, as well as the provisions of Directive 2002/58 / EC, as updated by Directive 2009/136 / EC, concerning Cookies.
This privacy statement concerns this website only.
These Terms and conditions of use are subject to Italian law.
Any controversy that does not find a friendly solution will have to follow this procedure:
For any dispute concerning the validity, effectiveness, interpretation or execution of each contract by the professional CUSTOMER the Court of Sondrio will have exclusive jurisdiction.
Any dispute concerning the validity, effectiveness, interpretation or execution of the contract by the private CUSTOMER must be the object of a conciliation attempt that will take place through the European platform of "Online Dispute Resolution" (so-called ODR) available at webgate.ec.europa.eu/odr. Through the ODR platform the consumer can send a complaint concerning a distance contract concluded with LUCA WALDNER and activate the online dispute resolution procedure. The email address of the merchant to be included in the complaint is email@example.com
If the attempt at conciliation fails, the dispute will be referred to the competent judicial authority of the place of residence or elective domicile of the private CUSTOMER, if located in the territory of the Italian State.
In any case, the right of the private CUSTOMER (if located in the territory of the Italian State), regardless of the outcome of the mediation procedure to appeal to the competent court of their place of residence or elective domicile, remains. The jurisdiction of this forum is mandatory and can not be waived in any way. For CUSTOMERS not located in the territory of the Italian State, the Court of Sondrio is exclusively competent.
LUCA WALDNER owns the site shop.lucawaldner.com, string-plates.com, lucawaldner.com and the brands sold in the shop and all content such as images, photographs, descriptions, graphics, logos, text and any other material in any format published in shop.lucawaldner.com.
Excludes all files and content that form the sales platform "Prestashop" at which relies shop.lucawaldner.com: these contents comply with the licenses of their respective owners.
The material on this site shop.lucawaldner.com is therefore protected by copyright law and it is forbidden any form of copying, alteration or reproduction to third parties without the express written consent of LUCA WALDNER.
- the page contact in the shop
- by phone: +39 0342 1971010
- by email: firstname.lastname@example.org
Please consider to add the following email address: email@example.com to your address book in order to prevent our communications can be possibly be labeled as spam.
Last rev. 26/01/2019
Please note: the translation of this document is made just to inform customers. In the case of legal necessity, please refer to the Italian version and to the Italian law.