General Sales Conditions

Index

1. Definitions

2. Subject Matter

3. Execution of the Sale and Purchase Agreement

4. Availability of the Products

5. Price and Costs of Delivery

6. Placements of Orders

7. Methods of payment

8. Shipping and delivery of Products

9. Right of Withdraw

10. Flaws/defects of Products

11. Product Liability

12. Privacy

13. Errors and/or inaccuracies in the On-Line Shop

14. Intellectual Property

15. Applicable Law

16. Contacts

 

 

1. Definitions

The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.

Customer: means any person or company purchasing one or more Products in the On-Line Shop, accepting the General Conditions.

General Conditions: means these general conditions and any possibile new future version wich may be published on the On-Line Shop by Berdondini.

Order Confirmation: means the e-mail message by means of wich Berdondini informs the Customers of the acceptance of the Orders.

Sale and Purchase Agreements: mean the sale and purchase agreements of the Products entered into between Berdondini and the Customers.

On-Line Shop: means a virtual shop, managed by Berdondini and accessibile at URL https://www.berdondini.it , http://www.berdondini.com , http://www.AB1926.com , where Products are available for sale.

Orders: mean the purchasing orders of the Products placed by Customers pursuant to the General Conditions and in accordance with this procedure.

Parties: means Berdondini and the Customers, when jointly referred.

Price: means the sale price of the Products as specified in the On-Line Shop with reference to each product.

Products: mean the Products published in the On-Line Shop for sale.

 

2. Subject matter

2.1 The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.

2.2 Berdondini has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and purchase Agreements shall be the one published in the on-Line Shop at the time the Orders are placed by the Customers.

2.3 In case of conflict between the General Conditions and other possibile terms and conditions applicable to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions more favourable to the Customers shall apply.

 

3. Execution of sale and puchase agreement

3.1 Berdondini undertakes to send the order Confirmation to the Customers within 7 working days from receipt of the Orders from the Customers.

3.2 Sale and Purchase Agreements are deemed into between the Parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term under clause 3.1, the relevant Order shall be deemed as rejected by Berdondini and thus have no effect.

3.3 By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6 and declare to have fully accepted the General Conditions and to have read all additional information available in the On-Line Shop, including information accessibile through links.

3.4 The Orders will be recorded in the On-Line Shop’s database in accordance with the previsions set out by Legislative Decree n. 196 of 30 June 2003 (Italian Privacy Law) and shall be accessibile by the Customers by Contacting Berdondini.

 

4. Availability of the products

4.1 With reference to each Product published in the On-Line Shop, Berdondini specifies whether:

a) the Product is available at its warehouse;

b) the Product is not available at its warehouse.

4.2 The range and availability of the Products published in the On-Line Shop may vary from time to time, being understood that this shall not cause Berdondini to be deemed liable vis-à-vis the Customers.

4.3 The availability of the Products indicated in the On-Line Shop is by no means binding. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, Berdondini save for the provision set forth under clause 3.2, undertakes to inform such Customer, by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication sent by Berdondini (notwithstanding the provision governing the right for withdraw under clause 9).

4.4 After having sent the Order Confirmation, undertakes to comunicate to the Customers, by e-mail, the terms for the shipment of the customized Product; such term must be considered as a mere indication and is by no mean binding for Berdondini.

 

5. Price and shipping costs

5.1 The Price is in Euros. The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers.

5.2 The Price is not inclusive of VAT (20%) for Products shipped by Berdondini and delivered inside the European Union and for the Products shipped by Berdondini and delivered outside the European Union.

5.3 The Price does not include shipping costs. Berdondini may request that the Customers bear part of the shipping costs, being understood that such amount will depend on the kind of delivery, the quantity of shipped Products, the volume, the weight and the destination of the Products.

5.4 The part of the shipping costs to be borne by the Customers following Berdondini’s request, is indicated, separately from the Price, before the Order is placed by the Customers and shall be paid by the Customers jointly with the payment of the Price according to clause 7.

5.5 Any possibile tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers.

 

6. Placement of the Order

6.1 In order for the Customers to place their Orders, registration at the On-Line Shop is required; such registration may be obtained by entering the information address and telephone number.

6.2 The Customers may purchase the Products by selecting them in the relevant section of the On-Line Shop dedicated to the Product category searched and putting them in the “cart”. When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on “add your cart”. The Customer may procede to place the Orders by clicking “send”.

 

7. Methods of Payment

7.1 The Customers may pay the Price and the part of the shipping costs requested by Berdondini as indicated under clauses 5 by bank account transfer. Berdondini has the right to modify the methods of Payment available to the Customers, at any time, being understood that available methods of paymen are those indicated by Berdondini in the On-Line Shop at the time the Orders are placed by Customers.

7.2 The payment by bank wire shall be made by the Customers using the bank details provided in the On-Line Shop, specifying in the reason for payment the order number which Berdondini communicated at the time the Order was placed by the Customers and in the Order Confirmation.

7.3 If requested by Customers upon placing the Orders, Berdondini shall send regular invoices by e.-mail or mail on the basis of the information provided by the Customers. No amendment of the invoices shall be possibile after the invoices have been issued by Berdondini.

7.4 Information received from Berdondini pursuant to clause 7, shall be solely utilized by Berdondini for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.

 

8. Shipping and delivery of the Products

8.1 Being understood that “shipping” of Products means the delivery of the latter to the couriers selected by Berdondini pursuant to clause 8.2, Berdondini undertakes to ship the Product:

a) when the Products are available (as defined under clause 4):

- within 10 working days from receipt of the communication of payment by Berdondini;

b) should one or more Products become unavailable as in the case under clause 4.3, save for the right of Customer to withdraw the Order pursuant to clause 4.3, within 10 working days from the time such Product or Products are once again available at Berdondini’s warehouses.

8.2 Berdondini guarantees the shipment of the Products worldwide by means of express couriers selected on a case by case basis depending on the Product ordered and on the destination. The Products are shipped by Berdondini, and delivered by the courier selected by Berdondini, at the address indicated by the Customers at the time of registration as under clause 6.1 or at different address specified at the time the Order is placed.

8.3 Berdondini undertakes to use its best effort to censure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by selected couriers:

- in Italy within 7 working days from the date of shipment;

- outside Italy within 15 working days from the date of shipment.

8.4 The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as Berdondini is unable to directly monitor the deliveries of the selected couriers; therefore Berdondini cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3.

8.5 The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that:

a) the Products correspond to the content of the courier’s delivery slip (DDT) both as regards to the quantity and type.

b) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.

8.6 Any damage of the parcel/packaging of the Products must be immediately claimed by the Customers by means of the comment expressing “control reserve” to be written on the courier’s slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.

8.7 The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.

 

9. Right to withdraw

9.1 The Customers who are “ consumers” (i.e private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business) have the right, in accordance with and pursuant to article 64 of the Italian Legislative Decree n. 206 of 2005, to withdraw from the Sale and Purchase Agreement within 30 days from receipt of the Products. Customers may exercise their right to withdraw from the sale and Purchase Agreement by sending an e-mail to Berdondini to the address specified under clause 16. Such communication shall include:

a) the intention to exercise the right to withdraw;

b) the details of the Order generating the Sale and Purchase Agreement from which they intend withdraw.

9.2 In case the Customers exercise the right to withdraw pursuant to this clause 9:

a) Customers undertake to return the products within 10 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;

b) all costs connected to the return of the Products are entirely borne by the Customers;

c) Berdondini indertakes to reimburse the Price in the shortest time possibile and, in any event, within 30 days from the date that Berdondini receive to return the Products object of withdrawl, communicated by the Customers as indicated under clause 9.1, provided that:

- the Products have been returned and are intact;

- the original package ha salso been returned and is intact;

- the accessory items and instructions manual, if any, are returned and are intact;

- the products have not been utilized;

d) Berdondini shall comunicate to the Customers the methods for reimbursement of the Price and to this extent it shall be entitled to requie to the Customers the relevant banking data (IBAN and name account holder).

9.3 Should the Customers not exercise the right to withdraw in accordance with the terms and conditions set out under this clause 9, the Customers shall have no right to reimbursement of the Price.

9.4 As an alternative to exercising the right to withdraw provided for by this clause 9, “consumer” Customers hold the option to “change product” according to the terms and conditions specified on the On-Line Shop.

 

10. Products’ flaws/defects

10.1 Should the Products bear a warranty from the producer /commercial/conventional warranty, any possibile flaw and defect of the Products must be communicated by the Customers directly to the producer in accordance with the terms and conditions indicated in the warranty.

10.2 “Consumer” Customers (as defined under clause 9.1) have the rights granted to the “consumers” by article 130 of Legislative Decree n. 206 of 2005; such rights must be exercised in accordance to the terms provided for by artiche 132 of the above mentioned Decree.

 

11. Product liability

The producer of the Products shall be liable for whatever damage caused by the Products’ flaws and/or defects.

 

12. Privacy

Berdondini undertakes and guarantees that personal data shall be treated in accordance with the provisions set out under Legislative Decree n. 196 of 2003 (Italian Privacy Law) and further modifications. Details referred to the treatment of data are communicated to the Customers at the time of registration as under clauses 6.1 or 6.2.

 

13. Errors and inaccuracies in the On-Line Shop

13.1 Berdondini undertakes to constantly check the On-Line Shop in order to avoid any possibile error or inaccuracy. However, it is possibile that the On-Line Shop bears, or might bear, errors inaccuracies or oversights from time to time.

13.2 Berdondini has the right to amend the errors, inaccuracies or oversights contained in the On-Line Shop even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.

 

14. Intellectual property

All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of Berdondini; the On-Line Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from Berdondini.

 

15. Applicable law

15.1 The General Conditions and the Sale and Purchase Agreements are governed by, and construed in accordance with, the laws of the Republic of Italy (in particolar by Legislative Decree n. 206 of 06/09/2005 – clauses from 50 to 67 – and by Legislative Decree n. 70 of 09/04/2003 on e-commerce) and shall be interpreted accordingly.

15.2 Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdition of the Court of Ravenna.

 

16. Contacts

For further information and assistance on the On-Line Shop and/or on the methods of purchase on the On-Line Shop and/or on the Sale and Purchase Agreements, the Customers may contact Berdondini at the e-mail address or by letter at the following address:
AB1926 Antonio Berdondini srl
Operational Branch:
Via Emilia Ponente n. 38
48018 FAENZA (RA)
ITALY
Tel. + 39 0546 620015 / Fax + 39 0546 620042
e-mail: berdondini@berdondini.it
web: https://www.berdondini.it
Legal office:
Corso Mazzini 60
48018 FAENZA (RA)
ITALY

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