1. Subject matter and scope of application of the general conditions: These general terms and conditions (hereinafter the “General Terms and Conditions”) apply to all contracts with third party natural and legal persons to which OUTERING S.r.l. (hereinafter “OUTERING” or the “Manufacturer”) is a party and which have as their subject matter the sale by OUTERING to a third party (hereinafter the “Buyer ”) of products (hereinafter the “Product” or the “Products”) as better specified in the Order (as defined below). The Contract to be concluded from time to time between OUTERING and the Buyer (hereinafter the “Contract”) shall be governed exclusively by these General Terms and Conditions. In the event that the Buyer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out (hereinafter the “Consumer”), the provisions of Legislative Decree No. 206/2005, as amended (hereinafter the “Consumer Code”) shall apply.

2. Method of concluding the Contract and data provided: The Contract shall be deemed finalised only upon completion of the online order procedure by the Purchaser, according to the terms and conditions indicated on the website www.padformusician.com/en/ (hereinafter the "Order" and the "Website").
During the order process, the Buyer will be asked to provide certain information, such as personal data, address and some billing data. The Buyer represents and warrants in this respect that all information provided is accurate and up-to-date, releasing OUTERING from any liability that may arise therefrom. OUTERING cannot therefore be held liable in any way in connection with inaccurate or out-of-date information provided by the Buyer and shall have no obligation to verify such data. It is in any case possible for the Buyer to update its data at any time before the dispatch of the Products covered by the Order, by sending an e-mail to sales@outeringdigital.com.

3. Terms of payment: Following completion of the Order, the Buyer will be charged the full price of the Products at the time of the Order. In the event of price reductions (e.g. in the case of special sales), and except in the case of sales below cost, OUTERING undertakes to display the price applied during the 30 days preceding the price reduction or the application of the discount, in accordance with Article 17 bis of the Consumer Code. In the event that OUTERING is not able, for any reason, to proceed with the shipment of the Products within ten working days from the completion of the Order, except in the event of force majeure or different delivery terms indicated on the Site and/or communicated to the Buyer at the time of the sale, OUTERING may proceed with the full refund of the amount paid to the Buyer in the event of a formal request by the latter. Completion of the Order by the Buyer therefore represents a manifestation of explicit consent given by the Buyer to OUTERING to charge the full price of the Products at the time of the Order.
All transport costs indicated in the Order shall be borne by the Purchaser. The delivery charges indicated in the Order include handling, packaging and shipping costs. Each individual order will give rise to separate shipments and related costs without the possibility of a single shipment in the case of separate and different orders. The amounts indicated in the Order may be indicated net of any tax, duty or charge required by law, which shall at all times and in any case be borne by the Purchaser. If, on the date of eventual customs clearance of the Products, charges or costs of any kind and nature, direct or indirect, arise due to, for example, provisions of the authorities or customs duties, these will be charged to the Buyer to the same extent as they are charged to OUTERING. The price of the Products quoted is net of any applicable taxes in the case of products to be delivered outside the European Union and in any case of shipping costs, which may be charged to the Purchaser.

4. Delivery of Products and Limitation of Liability: The Products are generally, but without any binding obligation, shipped within two days from the crediting in favour of OUTERING of the amounts indicated in the Order and are then sent by primary international courier by OUTERING to the Buyer at the addresses indicated by the latter. When the Products are sent, the Buyer will be provided with a link to track the shipment online.
OUTERING cannot be held liable for any delays in the performance and delivery of the Products due to force majeure, strikes, customs clearance of the goods and other causes beyond the direct and material control of OUTERING itself.
It is the Purchaser’s obligation to pick up the ordered goods. Under no circumstances shall the Buyer be entitled to reject the Products or claim damages for delayed delivery. In the event of failure to collect the Products, the Buyer will be charged all shipping costs incurred by OUTERING, in addition to any storage or safekeeping costs and any direct or indirect costs incurred.

5. Right of withdrawal: Pursuant to Art. 52 of the Consumer Code, in the sole cases where the Buyer is a Consumer, the same may withdraw from the Contract within a period of 14 days from the date of delivery of the Product. In any event, the Buyer shall take all appropriate measures to preserve the Product and do everything possible to ensure that it is returned in the best possible condition including the original undamaged packaging, instruction manuals, accessories, any separate items and any other components.
The cost of return shipment is borne entirely by the Purchaser. To properly exercise the right of withdrawal, it is sufficient for the Consumer Buyer to comply with the formalities described in this section before the 14-day withdrawal period expires.

In order to withdraw from the Contract, the Buyer shall send a formal written notice to OUTERING at the following e-mail address support@padformusician.com expressing its intention to exercise the right of withdrawal and indicating precisely the references of the Products and the Order.
The Buyer is in any case entirely responsible for the perfect integrity of the Product for as long as the same is in its possession until the moment of its actual return to OUTERING.
If the Buyer chooses to return the product, it must exercise its right to withdraw from the contract within the 14-day cooling-off period. The Product’s packaging must be unopened and undamaged. OUTERING will refund the Buyer using the same payment method used for the online purchase. The refund will include all payments received from the Purchaser, except for any additional shipping costs. The Buyer is responsible for the cost of returning the Product. OUTERING will process the refund within 10 working days of receiving the physical return of the Products.
OUTERING will not consider requests for withdrawal, return and refund in the event that the returned Product is found to be malfunctioning, based on OUTERING’s assessment, due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, as well as in the event that objects or components referable to the Buyer are found inside it.
The Products for sale on the Site are intended exclusively for personal use of an amateur or professional nature and not for resale to third parties. In the event of withdrawal, OUTERING undertakes to return any content created by the Buyer and present within the Product, unless the content itself is of no real use outside the context of the digital Product offered by OUTERING.
In the event of withdrawal, the Buyer undertakes not to use the digital services contained in the Products or to make them available to third parties.

6. Limitation of Liability: OUTERING assumes no obligations and gives no guarantees beyond those expressly provided for in the Contract. The Buyer understands and accepts that the Product, its design and technical characteristics may be under development at the time of sale and that the Product available for purchase may be materially different from the prototype that appears on the Site of sale.
Under no circumstances shall OUTERING be liable for any detrimental consequences that the Buyer may suffer as a result of, or in connection with, the Contract and/or the Products. OUTERING is in any case not liable for direct or indirect damage of any kind and nature whatsoever and for any reason whatsoever caused directly by the Purchaser, its assignees or any third parties. This is subject to mandatory legal limits.
In no case and in relation to claims of any kind and nature made by the Buyer or by any third parties, the total compensation for damages, whether for consequential damage or loss of profit or non-asset damage, owed by OUTERING to the Buyer may exceed the price paid by the Buyer for the Product.

7. Guarantee: OUTERING guarantees, unless explicitly stated otherwise on the Site and/or communication sent to the Buyer at the time of sale, that the Products are in conformity with the Contract, brand new and in regular working condition.
OUTERING does not assume any obligation or liability beyond those expressly provided for in the General Terms and Conditions.
Except as specified above, the ordinary product guarantee coverage offered by OUTERING is 24 months from the date of delivery.
Products purchased from professional sellers. The warranty does not include damage originating from causes beyond OUTERING’s control such as, but not limited to, Product wear and tear, negligence, and improper use.
OUTERING does not guarantee that the operation of the Product will be error-free or that it will run without interruption.
The guarantee offered by OUTERING only covers conformity defects of the Product and does not cover damage and/or defects resulting from:

• abuse, accident, misuse, improper storage, exposure to liquids, moisture;
• external causes such as collision, fire, flooding, contamination by sand, dirt, windstorm, lightning or earthquake;
• exposure to extreme weather conditions, theft, blown fuses or improper use of any electrical source;
• computer or internet viruses, bugs, worms, Trojan horses, cancelbots;
• use with products not supplied by OUTERING or products not recommended for use with OUTERING Products;
• normal wear and tear of equipment;
• use of equipment other than is normal or customary;
• improper testing, operation, maintenance, installation or any incorrect or authorised alteration or modification of the Product;
• consumable parts, such as batteries, unless the damage has occurred due to a defect in materials and workmanship on the part of OUTERING;
• service performed by anyone other than OUTERING or a service provider authorised by OUTERING;

The conformity guarantee provided by OUTERING will also not be operative in cases where the serial number or the guarantee seal on the equipment has been altered, deleted or removed, or where OUTERING has not received notice from the Buyer of the alleged defect or malfunction of the Product during the applicable guarantee period.
The Buyer is always responsible for the correct installation of Products purchased online.
If the Product is returned to OUTERING after the expiry of the warranty period, the normal Product service and maintenance policies will apply, and such service may entail the application of an additional price over and above that provided for in the Contract. All warranty information, prices, features and specifications of the Product are in any case subject to change by OUTERING.
The geographical address of the Manufacturer’s head office to which the Buyer may address any complaints is given in Article 8 below.

8. Disclosure obligations: Pursuant to Article 49 of the Consumer Code, OUTERING informs as follows:

• 8.1 The main characteristics of the Products are listed on each Product package inside the information leaflet:
• 8.2 the identity of the Manufacturer is as follows:

Onyx international Inc
Room 101, Building 4, No. 202 Shiyu Road, Nansha District, Guangzhou City, Guangdong Province, China. 511457

9. Privacy: The protection and processing of personal data provided by the Buyer to OUTERING will take place in accordance with OUTERING’s own Privacy Policy, which can be consulted on the Site, as well as in accordance with the Policy concerning the processing of personal data in relation to purchases made on the Site.

10. Applicable Law and Jurisdiction: These General Terms and Conditions constitute the entire agreement between the parties relating to its subject matter and supersede all previous agreements, declarations and understandings between the parties. The Contract between OUTERING and the Buyer is governed by and shall be construed in accordance with Italian Law and is subject exclusively to Italian Jurisdiction. Without prejudice to the application of Art. 66 bis of the Consumer Code on the subject of mandatory territorial jurisdiction, any dispute arising in connection with the interpretation, execution or termination of the General Conditions, the Order and the Contract between OUTERING and the Buyer shall be exclusively settled by the Court of Milan, with the exclusion of any other competing Court.