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The term "Online Sales Contract" means the purchase and sale contract concerning the Products of the Supplier (as defined below) stipulated between him and the Customer (as defined below) in the context of a remote sales system through telematic tools, organized by the Supplier (hereinafter the "Contract").
The term "Buyer" or "Customer" means the customer - a legal person or otherwise an en-trepreneur or professional - who makes the purchase, referred to in this contract, for purposes relat-ing to his business or professional activity. The term "Supplier" refers to the person who carries out the online sale of the goods covered by this Contract in the manner provided for by this.
The Parts of the Contract and access to the online purchasing service of the Products
The goods covered by these present general conditions of contract (hereinafter the "Products") are put up for sale by PIERO BERSANINI S.P.A. with registered office in Italy in Via Giacosa, 1 20127 Milan; VAT number 09290730150 REA n�1282448 (hereinafter also the "Supplier"), which declares to be exclusive distributor for Italy of the products made by http://shop.pierobersanini.com/
The buyer (hereinafter also the "Customer") expressly declares to make the purchase for the purpos-es of the business, commercial, craft or professional activity carried out.
Access to the online product purchase service is allowed only to Customers through a customer identification code and a keyword (hereinafter "Password").
It is expressly forbidden to the Customer to enter false and / or imaginary data in the registration procedure necessary to activate the process of execution of this Contract and the relative additional communications; the personal data transmitted by the Customer must correspond to the real data of the company and / or personal and not of third parties or of fantasy.
It is expressly forbidden to make multiple registrations corresponding to the same company or enter data of third parties. Piero Bersanini S.p.A. reserves the right to prosecute any violation or abuse, in the interest and for the protection of Customers. Piero Bersanini S.p.A. declines any responsibility to the Customer arising from the issue of incorrect tax documents due to errors in the data provided by the Customer, since the Customer is solely responsible for the correct entry.
The Customer is required to take all appropriate measures to ensure that the Password is kept in the strictest confidence and to assume responsibility for any damage caused to Piero Bersanini S.p.A. and / or to third parties due to non-compliance with the aforementioned confidentiality obligations.
It is understood that Piero Bersanini S.p.A. can not be held responsible in any case towards the Cus-tomer and / or third parties for the abusive use of the Password and, in general, the online purchase service through the Website (as hereinafter defined) by unauthorized third parties, improper use of the password by third parties who have become aware of it.
Object and execution of the Contract
3a) With this Agreement, Piero Bersanini S. P. A sells to the Purchaser, who buys at a distance, by means of telematics instruments, exclusively the Products indicated and offered for sale on the site http://shop.pierobersanini.com/ (hereinafter the "Web Site").
3b) The agreement between Piero Bersanini S. P. A and the Customer is concluded exclusively through the Internet and the Client's access to the address of this Website, following the procedures indicated in the appropriate registration section. To make a purchase, the Customer will have to register, providing his/her identification data (company, name) and tax data (tax code and VAT number) shipping address and e mail
3c) After the registration, the Customer can formalize the proposal for the purchase of the Products offered for sale through the same Website.
The contract is considered to be perfected and effective between the parties only with the execution of the order and the issue of its invoice by Piero Bersanini S. P. A, having the latter the possibility, until that moment, of rejecting the order. The sales invoice will be issued by the Supplier in paper form and inserted inside the parcel containing the ordered Products.
3d) The offer and sale on the Site of the Products constitute a distance contract governed by the Legs decree. 9.4.2003 N. 70 containing the rules of electronic commerce.
3e) The purchase Contract is finalized by Customer order with the online compilation and dispatch of the Product purchase order form, which will be displayed on the Order Summary Web page, printable, showing Customer and purchase order details, purchased Product price and the shipping costs, mode and payment terms, the address where the Product will be delivered. The actual availability of each product cannot be guaranteed as more users can buy it at the same time.
3f) Following the registration, the Piero Bersanini website will be able to send to the Customer a promotional content email and updates about services provided by Piero Bersanini S.p.A
Order acceptance and subsequent fulfilments.
4a) The Supplier reserves the right to evaluate the acceptance of the received orders; Piero Bersanini S. P. A will communicate to the Customer the eventual impossibility and/or denial of acceptance of the order within 30 days from the day after the one in which he received the order. In the case of refusal the Supplier will reimburse the Customer of the sums eventually paid by him for the supply.
4b) In the event that the product is not in stock, the Supplier will communicate the time of availability. If a purchase order exceeds the quantity of Products existing in the warehouse, the Supplier, by e-mail and/or telephone communication, will notify the Customer if the Product is no longer available or what the waiting time is for obtaining the chosen Product, asking, in the latter case, whether the Customer intends to confirm or not the order. The computer system of the Supplier confirms as soon as possible the registration of the purchase order by forwarding the Customer a confirmation by e-mail, which does not produce any legal obligation, since it is a simple summary of the order.
4c) The Supplier guarantees that the same products will be delivered to those indicated and de-scribed on the site. The images on the site are inserted to facilitate the recognition of the products; the packaging of the product may be different from the one represented, without this giving the Customer the right to withdraw or cancel the contract.
4d) Piero Bersanini S.p.A reserves the right to suspend, limit or interrupt access to the services on the Products Website at any time, should the need arise at its sole discretion.
4e) When Piero Bersanini SpA receives the purchase order from the Customer, it will send a confir-mation e-mail and / or the display of a confirmation web page and a summary of the purchase order, printable, in which the data entered by the Customer in the order form is reported.
4f) Once the on-line purchase procedure has been completed, the Customer prints and records the present general sales conditions as well as the specifications of the Product object of the purchase.
Methods of payment and of reimbursement
5a) The Customer undertakes to pay the price of the purchased Product according to date and methods on the Contract. Piero Bersanini S.p.A. accepts payment for the Products ordered using the main credit cards (Mastercard Visa circuits), bank transfer, Paypal, Bank Credit Transfer.
5b) The Supplier also accepts the payment of the Products ordered by cash only for orders that foresee the shipment and delivery of the Products in the Italian territory.
5c) Credit card details are managed directly by credit institutions and / or financial companies, spe-cialized in online payment management. The information is encrypted using cryptographic systems that prevent the use by third parties and is sent directly to the bank. In the event that problems and / or irregularities are detected in the electronic process for the purchase of Products made by credit card, Piero Bersanini SpA may carry out checks (such as but not limited to: verification of the own-ership of the credit card and / / o control of any abusive use of the card, etc.). At the end of this ver-ification, if irregularities are found, the Supplier will not proceed with the order.
5d) In the event that irregularities are not detected during the electronic purchase process of the Products, Piero Bersanini S.p.A will follow up the order and provide for the delivery of the Prod-ucts, when there are no further impediments.
5e) If the conditions are not met, a refund to the customer will occur:
- by canceling the payment by credit card, within 14 days from the date in which Piero Bersanini S.p.A. has become aware of the cause that generates the right to reimbursement;
- by repaying the current account indicated by the Customer in the request for reimbursement in the event that the Customer has paid the Products by cash. The re-crediting of the price of the Product will take place within 14 days from the date on which the Supplier has become aware of the cause that generates the right to reimbursement, provided that the Customer has correctly indicated his bank details in the request for reimbursement.
Delivery date and delivery mode of Products
Piero Bersanini S.p.A will deliver the ordered products by means of contracted couriers. The timing of the order can vary from 1 to a maximum of 7 working days from the execution of the order and receipt of payment of the goods, within which the invoice will be issued by the Supplier and conse-quently the order will be accepted . In the event that the Supplier is not able to deliver the ordered Products within said period, notice will be given promptly by e-mail and / or telephone communica-tion to the Customer, with indication of the term within which the order will be followed. It is un-derstood that delivery dates may vary depending on the destination Country and other factors which, in any case, do not depend on Piero Bersanini S.p.A.
Shipping costs and delivery costs of the Products
Piero Bersanini S.p.A. ships with the DDP (Delivery Duty Paid) formula in the EC countries, there-fore in these destinations the ordered products will arrive directly to the place of delivery indicated by the Customer in the order request, without the latter having to pay further amounts compared to the amount already paid at the moment of the formulation of order submission. For all other coun-tries the DDU (Delivery Duty Unpaid) formula is used, therefore the courier could present to the Customer at the time of delivery of the Products, a separate invoice with which he requests the payment of the duties and taxes requested by the local authorities. For more information about ship-ping costs, customs duties and customs fees please refer to the section on the website specifically dedicated to product shipments.
Goods insurance and responsibilities deriving from transport
Piero Bersanini S.p.A. ensures the Products against theft and accidental damage from the time of delivery to the courier until the moment they arrive at the customer's destination.
In any case it is understood that the Supplier is not liable for any delay in the order or delivery of products due to the carrier and any damage caused to the goods during transport. Piero Bersanini S.p.A. will provide to give to the courier goods perfectly intact and corresponding to the order re-quested.
At the time of delivery of the Products by the courier, the Customer is required to check:
� that the number of Products delivered corresponds to what is indicated in the order con-firmation sent by e-mail before shipment and on the carrier's delivery note;
- that the Product or packaging is not damaged or wet or altered;
In the event of an anomaly, the Customer will not have to accept the goods and will have to raise the dispute directly to the carrier, indicating specifically what differences he has found. In the ab-sence of said declaration, the Customer can not raise further complaints about the existence of evi-dent defects in the Products delivered.
The Customer must also immediately notify the Supplier by e-mail to email@example.com which will provide as soon as possible and in agreement with the Customer to solve the problem en-countered (by way of example, by replacing the product, or refunding the price)
However, if the customer prefers to accept the withdrawal of the product without reserve despite the alterations, he will take on all risks and harmful consequences, exempting the Supplier and the carrier from any liability, and will lose any right to replace the product or to partial, or total refund.
All sales prices of the Products displayed and indicated on the Website are expressed in euros (�) and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are inclusive of VAT and any other tax with regard to delivery within the territories of an EC country. For deliveries to countries outside the EC, as specified in point 6), the courier may request additional amounts for local taxes and duties. Shipping costs will be indicated and calculated in the purchase procedure of the Products before the order is placed by the Customer and also contained in the order summary web page. The prices indicated for each of the Products offered to the public are valid until the moment the purchase order is submitted and indicated on the order summary web page. It is under-stood that the prices of the Products may be changed unilaterally and at any time by the Supplier, provided that the price of the Product indicated in the order summary page made by the Customer will be binding between Supplier and Customer.
Supplier's limitations of liability
Piero Bersanini S.p.A. does not assume any responsibility in the event that it fails to execute the or-der within the time specified in the Contract for inefficiency due to unforeseeable circumstances or force majeure. The Supplier can not be held responsible towards the Customer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Website, independent of the will of the Supplier of its collaborators and / or its sub-suppliers, which are outside from reasonable predictability and to which it can not be remedied without greater pre-cautions than those of average diligence. In any case it is excluded any right of the Customer to compensation for damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property, caused by the non-acceptance, even par-tial, of an order by Piero Bersanini SpA. The Supplier does not assume any responsibility for any fraudulent and illegal use that may be made by third parties, of the credit cards used for payment of the Products purchased, if he proves to have adopted all the ordinary possible precautions of the moment and based to ordinary diligence.
Liability for defects in Products, proof of damage and compensable damages
Piero Bersanini S.p.A. can not be held responsible for any direct and / or indirect, contractual and / or non-contractual damage suffered by the Customer arising from flaws and / or defects of the Product if the defect and / or flaw is due to the conformity of the Product, to a mandatory legal rule or a binding provision, or if the state of scientific and technical knowledge at the time when the manufacturer has placed the Product on the market, still did not allow the Product to be considered defective and / or flawed. It remains that no compensation will be due if the Customer is aware of the defect and / or flaw of the Product and the danger that derives from it and nevertheless has vol-untarily exposed himself. In any case, the Customer has the burden of proving the defect and / or flaw of the Product purchased, the damage and the causal connection between the defect and the damage suffered. The Customer is aware of the fact that the Products ordered are described and photo-reproduced on the Website, therefore, will tolerate the normal differences and color distonies of the Products that will be delivered with respect to the Products viewed on the Website.
Warranties and Customer Care Service
Piero Bersanini S.p.A. is liable for any flaw and / or ascertained defect of the Product, always if the same is attributable, provided that such flaw and / or defect has been reported by registered letter A.R. at the address via Giacosa 1, 20127 Milano or sent via e -mail to the address firstname.lastname@example.org within the term of eight days after delivery of the Product. The denuncia-tion is not necessary if the Supplier has acknowledged the existence of the flaw and / or defect or has concealed it.
In the event that the Products are defective and / or vitiated, the Supplier will bear the transport costs necessary to bring the Products back into its warehouses. Changes or returns of products that have been tampered with, or otherwise altered by the customer are not accepted. It is the responsi-bility of the Customer to ensure the transport of the returned goods for exchange at the Supplier. In case of theft or loss of returned Products, which occurred during transport to the Supplier, the goods will not be reimbursed
In the event that a defect in the Product purchased is found, the Customer may use the service "Customer Service" through the use of a telephone number and an email address specifically dedi-cated to this service, indicated on the Website.
The Customer Service will also provide the Customer with: (x) all necessary assistance for the solu-tion of problems related to any disputes and / or complaints by the Customer; (y) all assistance dur-ing online product purchase operations.
Confidentiality and Customer Personal Data Protection
Piero Bersanini S.p.A. protects the privacy of its Customers. The Customer is informed of the dif-ferent types of consent to the use of their personal data, which can be given on a voluntary basis and always revocable, by viewing the section on the Website specifically dedicated to this purpose. The business, commercial and tax data acquired by the Supplier are collected in hard copy, computer-ized, electronic format in order to register the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any obliga-tions of law, as well as to allow an effective management of business relationships
The conferment of company data for the functions indicated above is mandatory. In the absence, it will not be possible to guarantee the correct and timely execution of the contract. The Supplier un-dertakes not to disclose the data and information transmitted by the Customer to unauthorized par-ties, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be presented only upon request by the Judicial Authority or by other Authorities authorized by law.
Method of Archiving the Contract
Pursuant to art. 12 of Legislative Decree 70/03, Piero Bersanini S.p.A informs the Customer that every order sent is stored digitally on the server that hosts the Website according to criteria of con-fidentiality and security.
Competent Court and Applicable Law
All disputes concerning the validity, interpretation, execution, effectiveness of this Contract will be devolved to the jurisdiction of the Court of Milan with the exclusion of any other competitor or al-ternative.
This contract is regulated by the Italian law.
For anything not expressly provided for in this contract, the provisions of the law on distance con-tracts in force in the State of the Supplier shall apply.
Effectiveness of the Contract
The confirmation of the purchase order of the Products implies for the Customer the acceptance of these general conditions of contract. These general terms and conditions may be updated and / or modified unilaterally by the Supplier and will be valid from the date of publication on the Website.