Ten Earth Shattering Stores

General conditions of online sale

1. SCOPE OF THE ONLINE AGREEMENT

  • “Supplier”: Tommaso Devitofrancesco, VAT number IT02892950185, with registered office in Italy, makes available to all users the possibility of purchasing their products on the internet through the store.tenearthshatteringblows.com website of which they are the sole and exclusive owner.
  • “Consumer”: the natural person who purchases for purposes not related to any industrial, craft or professional commercial activity carried out;
  • “Professional”: the natural or legal person who purchases for purposes related to the industrial, craft or professional commercial activity carried out;
  • “Customer”: the subjects, Consumers or Professionals, who purchase the Products according to the indications on the store.tenearthshatteringblows.com website and in the General Conditions;
  • “Conditions of sale”: these conditions of sale are applied by the Supplier only in relations with the Customer who buys online.
    In the event of changes to the Conditions, the Conditions published at the time the order is sent by the Customer will apply to the purchase order.
    The Customer is required to carefully read these Conditions which have been made available to him on the store.tenearthshatteringblows.com website, in order to allow them to be stored and reproduced.
    The conditions of sale are governed by the Italian legislation in force applicable to sales as well as, where required, by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments), section II, Distance contracts (Articles 50 – 67) and by the rules on electronic commerce (Legislative Decree n. 70/2003).

2. PLACE AN ORDER

  1. The products and related prices on the store.tenearthshatteringblows.com website constitute an offer to the public in accordance with the methods specified in these Terms of Sale and on the store.tenearthshatteringblows.com website itself. The conditions of this offer apply exclusively to purchases made on the store.tenearthshatteringblows.com website. The purchase contracts stipulated on the store.tenearthshatteringblows.com website are concluded with Tommaso Devitofrancesco.
  2. You can place an order by filling out the order form available on the store.tenearthshatteringblows.com website. By sending the order, the Customer acknowledges and declares having read all the information provided during the purchase procedure and fully accepting the General Conditions of Sale.
  3. The essential characteristics of the Products are presented on the store.tenearthshatteringblows.com website. The images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser, the monitor used or loading errors.
  4. The order procedure is considered concluded upon receipt of the order by the Supplier. In this case, the Supplier will acknowledge receipt of the order by sending an order confirmation communication to the e-mail address communicated by the Customer. This confirmation summarizes the selected items, the relative prices (including delivery costs), the delivery address, the order number and any other conditions applicable to the order.
  5. The Customer undertakes to verify the correctness of the data and to immediately notify the Supplier of any corrections. Possible increases in costs caused by errors in the data not reported in a timely manner will be charged to the Customer.
  6. The Supplier issues an invoice/receipt for the products purchased, sending it by e-mail to the Customer. For the issuance of the invoice, the information provided by the Customer shall prevail. No changes to the data will be possible after the invoice has been issued.
  7. There may be occasional total or partial unavailability of the products offered for sale. In this case, the Supplier will promptly notify the Customer.

3. SALES PRICES

  1. The prices of the products on sale are indicated in Euros and include VAT.
    The price shown on the store.tenearthshatteringblows.com website at the time of placing the order is applied to the products.
  2. The prices of the products indicated on the store.tenearthshatteringblows.com website may contain errors or omissions and, therefore, cannot be considered correct and/or definitive, until confirmation of receipt of the Order is received.
    In the event of errors or inconsistencies with respect to the order, the customer will be contacted by e-mail to proceed with the modification of the order.

4. METHOD OF PAYMENT

  1. Payment must be made online by credit card.
  2. At the same time as the communication of the order confirmation, the amount corresponding to the products purchased will be charged to the Customer who authorizes the Supplier to credit his current account with the total amount shown as the cost of the purchase.
  3. The Supplier is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, when paying for the products purchased. In fact, the Supplier, at no time during the purchase procedure, is able to know the details of the Customer’s credit card which will be sent directly to the Bank managing the service; likewise, the Supplier is unable to check the correct and lawful origin of the credit instrument used by the Customer.

5. METHOD OF DELIVERY

  1. The estimated delivery date is indicated in the Info page.
    In any case, the Supplier assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, to execute the delivery within the agreed times.
  2. Delivery costs are charged to the Customer and adequately highlighted in the order.
  3. Unless otherwise expressly provided by the Customer, the Supplier reserves the right to fulfill the order also through partial deliveries.

6. CONSUMER'S RIGHT OF WITHDRAWAL

  1. The Consumer has the right to withdraw from the Contract of Sale, without any penalty and without specifying the reason, within 14 days of receiving the product.
  2. In the event that the Consumer decides to exercise the right of withdrawal, he must notify the Supplier. The communication must be made in a manner suitable for demonstrating receipt by the Supplier by attaching the purchase invoice.
  3. At the same time as exercising the right of withdrawal, the Customer must return the product within 7 days to the address of the sender specified on the package.
    The Consumer must use a shipping and packaging method suitable for the type of product, in order to return the product intact in all its parts.
    In any case, to be entitled to a refund of the price paid, the product must be returned intact, in a normal state of conservation, packed in the original packaging, and complete with everything originally contained. In case of shipment, the Customer must affix the notice of withdrawal and the Order number on the outside of the packaging.
  4. The costs of returning the product are borne by the Consumer.
  5. Upon receipt of the notice of withdrawal, the Supplier will carry out the necessary checks and refund the portion of the price and of the preparation and shipping costs relating to the returned products within 14 days of the notice of withdrawal.

7. LEGAL WARRANTY FOR CONSUMER

  1. Pursuant to Legislative Decree 206/2005 of the Consumer Code, all products on sale on the store.tenearthshatteringblows.com website are covered by the legal guarantee in favor of the Consumer, in case of lack of conformity.
  2. The lack of conformity of the products which occurs within 24 months of delivery must be reported by the Consumer within 2 months of its discovery.
  3. In the event of a lack of conformity, the Consumer may ask the Supplier, alternatively and free of charge:
    • the repair or replacement of the purchased product;
    • a reduction in the purchase price;
    • termination of the Sales Contract.
  4. To exercise the legal guarantee, the Consumer is required to send the report by writing to nuclearpasta@tenearthshatteringblows.com providing a detailed description of the nature and extent of the alleged fault and/or defect, the product identification label as well as a copy of the transport document or invoice. Communication lacking the characteristics and contents indicated above cannot be considered as a valid complaint and will not be suitable for avoiding the expiry of the forfeiture terms indicated above.
  5. The Consumer must keep the delivered goods at the Supplier’s disposal to allow for the necessary checks.
  6. Once the validity of the complaint has been ascertained, the Supplier must replace, where possible, the non-conforming or defective products with products of the same quantity and quality as those covered by the sales contract. In this case, the Supplier may require the return of the defective products at the Customer’s expense.
  7. The Supplier will not be held responsible for any further damages and/or losses present or future suffered by the Customer and will only be liable within the limits of the value of the goods supplied and ascertained as defective.
  8. The guarantee does not apply if the Customer fails to prove that he has correctly used and stored the products in dispute.

8. RIGHT OF WITHDRAWAL AND PROFESSIONAL GUARANTEE

  1. The Consumer Code reserves the right of withdrawal exclusively to Consumers (natural persons who purchase goods for purposes not related to their professional, commercial or entrepreneurial activity); the right of withdrawal therefore cannot be exercised by legal persons and natural persons who act for purposes related to any professional activity carried out.
  2. As regards the guarantee for product defects, articles 1490 and following of the Civil Code apply to the Professional.
    In particular, the Professional can enforce the guarantee, provided he reports the defect in the product within eight days of discovery and within 12 months of delivery.
  3. To exercise the right indicated above, the Professional will have the possibility to forward the report by writing to nuclearpasta@tenearthshatteringblows.com, according to the methods indicated in the previous article of this document.

9. PROCESSING OF PERSONAL DATA

The Customer’s data is processed by the Supplier in accordance with the provisions of the legislation on the protection of personal data (EU Regulation 2016/679 – GDPR).
See the privacy policy at the following link.

10. COMMUNICATIONS

Any communication can be addressed to the Supplier at the following address:
nuclearpasta@tenearthshatteringblows.com

11. Applicable law and jurisdiction

These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequent to them must be resolved exclusively by the Italian jurisdictional authority.