a.1) These TERMS AND CONDITIONS OF SALE govern the sale of products marketed by Bernasconi 1872 s.r.l. a socio unico - via Manzoni, 44 - 20121 - Milano - Italy - Tax code and Value added tax number: 0082755015) below "BERNASCONI" through the online shop of BERNASCONI www.bernasconi1872.com.
All purchase contracts between BERNASCONI and the Customer will be governed by these TERMS AND CONDITIONS OF SALE.
a.2) The lack of acceptance of these TERMS AND CONDITIONS OF SALE do not permit the execution of the purchase of products by the Customer.
a.3) These TERMS AND CONDITIONS OF SALE don't regulate the supply of services and/or the sale of products by third parties, other than BERNASCONI, on www.bernasconi1872.com through links, banners or other hypertext links.
BERNASCONI is not responsible for the provision of services by third parties, other than BERNASCONI, or of the execution of e-commerce transactions between the users of www.bernasconi1872.com and third parties.
a.4) These TERMS AND CONDITIONS OF SALE may be modified by BERNASCONI without any notice and they are effective from the date of publication on www.bernasconi1872.com.
B) ACCEPTANCE OF TERMS AND CONDITIONS OF SALE
b.1) By placing an order, the Customer declares that he/she has read all the information provided during the purchase procedure and to accept all the TERMS AND CONDITIONS OF SALE
b.2) If the Customer is a "final consumer" (i.e. a natural person acting for purposes unrelated to his/her entrepreneurial, commercial, craft or profession activity), the Customer must print or save an electronic copy these TERMS AND CONDITIONS OF SALE, as well as the communication of acceptance received by e-mail, in compliance with the provisions of Articles. 52 and 53 of Decree No. 206/2005 on distance selling and art. 3 and 4 of Legislative Decree no. 185/1999.
C - METHOD OF PURCHASE
c.1) The Customer decides to purchase the products as described on the online shop of BERNASCONI. The content of the product images, the description of the sizes, of the colors, of the material and of all information provided in relation to the products listed on the online shop of BERNASCONI are purely indicative and they may not fully reflect the characteristics of the object that will be purchased.
c.2) For the checkout process, the Customer has the faculty to register on the online shop of BERNASCONI by inserting the required information or the Customer may choose to make the purchase without any registration, by including only the required data for the checkout process.
c.3) The Customer is obliged to provide true, accurate, current and complete information.
It's strictly prohibited the use of false identification information and / or to provide an email address forgery during the registration process and / or during the insertion of the order on online shop BERNASCONI. In any case, the Customer is responsible if he/she has provided data that result not true.
The email used as a "USER NAME" and the "PASSWORD" (personal code) are personal and not transferable to third parties.
c.5) The order sent by the Customer is not modifiable. The correct reception of the order is confirmed by BERNASCONI through an e-mail named "Order summary" sent to the email address communicated by the customer. The e-mail contains the order data and the order number that has to be used in any further communication with BERNASCONI.
The mail with the "Order summary" does not constitute acceptance of the order by BERNASCONI.
c.6) The agreement between BERNASCONI and the Customer shall be concluded only with the acceptance, even partial, sent by BERNASCONI. BERNASCONI reserves the right, at its sole discretion, to not accept wholly or in part the order received from the Customer in the event that the data entered by the Customer are incomplete or incorrect and / or in the event of unavailability of the product or products.
c.7) The total or partial acceptance of the order or the non-acceptance of the order by BERNASCONI is communicated to the Customer through a mail named "ACCEPTANCE ORDER" or "NOT ACCEPTANCE ORDER" that it is sent to the email address supplied by the Customer, it is usually sent within 5 working days from receipt of the order. The term of 5 working days is only indicative and it's not binding for BERNASCONI, no responsibility can be attributed to BERNASCONI for a delay.
c.8) In case of partial non-acceptance or total non-acceptance of the order, BERNASCONI will reimburse the amount paid for the product or for the all products for which BERNASCONI did not proceed with the acceptance. The reimbursement will be done using the same means of payment used for the purchase. The agreement will be resolved between BERNASCONI and the Customer for the product or products ordered and not accepted by BERNASCONI.
c.9) It is excluded any right of the Customer to damages or compensation, and any contract or tort liability for direct or indirect damages to persons and / or property, caused by the rejection, even partial, of an order.
c.10) The Customer cannot exchange products purchased with a new ones.
D) PRICE AND SHIPPING COSTS
d.1) All prices are in Euros (€). Prices include any possible taxes owed in Italy.
d.2) Prices are not comprehensive of the shipping costs. Shipping costs might change on the base of the kind of delivery and/or destination required; of the typology and/or quantity and/or weight and/or volume of the products to be shipped.
Shipping costs are shown separately from the price of the good or goods chosen and before the confirmation of the order.
Shipping costs are paid jointly and at the same time with the payment of price the good or goods that have to be delivered.
d.3) Any taxes, levies, duties and/or other charges provided by the laws of the State when the products are shipped and delivered will be entirely borne by the Customer. The Customer will have to pay them at the time of products delivery, directly to the tax authorities, customs or to the carrier in charge of delivery.
d.4) BERNASCONI has the right to change prices and shipping costs at any time and without any notice.
e.1) For the invoice, BERNASCONI uses only the information entered by the Customer during the order. It's not possible make any changes to the invoice after that the order has been sent to BERNASCONI. The invoice is sent to the Customer only by email to the email address supplied by the Customer.
Sending the invoice via e-mail completely replaces the one made in the traditional way by the postal service. it's therefore necessary to printing the invoice attached to the email and to archiving it according to the law.
F) SHIPPING AND SHIPPING TIMES
f.1) In order to ensure prompt and timely delivery to our Customer, delivery services are selected according to the destination of the shipment, as well as the type of products being shipped.
f.2) Shipments in Italy and to the European Union countries take approximately 5-10 working days.
Shipments to the rest of the world take approximately 20-30 working days (not accounting for customs delays).
The delivery times above described are only indicative. No responsibility can be attributed to BERNASCONI in case of delay in the order or delivery of products or in the case of non delivery due to force majeure or unforeseeable circumstances.
f.3) BERNASCONI, via the online shop of www.bernasconi1872.com, makes shipping only to the following Countries:
i. European Union countries:
Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom;
ii. outside European Union countries:
Canada, Hong Kong, Liechtenstein, Monaco, Norway, San Marino, Switzerland, Turkey, USA, Vatican (Holy See);
f.4) In the case of purchase requests from Countries not included among those referred to in f.3) the Customer can send an email to: email@example.com with an indication of the required products and the delivery country. BERNASCONI will evaluate the requests received
f.5) BERNASCONI doesn't accept shipping to a PO Box.
f.6) The delivery of the ordered products is carried out on the ground floor, facing the road.
f.7) The purchased products are packed with utmost care, so that they arrive at their destination in perfect condition.
f.8) On receiving the products by the courier, the Customer must check that the packaging is not damaged or wet or otherwise altered.
In the event of any external damage:
i) immediately, the Customer must dispute the external damage found to the courier of the delivery, adding the word "withdrawal conditional" or in the specific case of damaged package, writing "withdrawal conditional because the package is damaged" on the accompanying document of the courier;
ii) the Customer must inform BERNASCONI of the dispute to the courier no later than the day after the delivery, by writing an email to. firstname.lastname@example.org
Once signed the delivery note to the courier, the Customer can not make any objection about the appearance of what it was delivered.
g.1) On the online BERNASCONI shop are accepted payments via credit cards and through PayPal.
For any other request, the Customer can contact BERNASCONI, writing an email to: email@example.com
g.2) The amount of the order is charged to the Customer's credit card or PayPal account at the time of the reception of the mail of "Order summury".
g.3) When occurs a total or partial refund of the payment made by the Customer, for a specific order, BERNASCONI makes reimbursement only through the same method of payment used by the Customer during the payment made for that specific order.
g.4) No archive of BERNASCONI contains or maintains Customer's financial information
H) RIGHT OF WITHDRAWAL AND RETURN POLICY
h.1) If the Customer is a "final consumer" (i.e. a natural person acting for purposes unrelated to his/her entrepreneurial, commercial, craft or profession activity) and he/she is resident in Italy or in European Union countries and he/she has required a delivery in Italy or in one of the European Union countries in which BERNASCONI makes shipping (point f.3)i ), the Customer has the right of withdrawal, pursuant to and for the purposes of Legislative Decree. N. 206/2005.
h.2) In order to exercise the right of withdrawal, the Customer must notify the withdrawal, by e-mail to the e-mail address:
firstname.lastname@example.org and, within 14 days from the day of products receipt, by a registered letter to:
Bernasconi 1872 s.r.l. a s.u.
Via Manzoni, 44
The notice of withdrawal must contain the intention to exercise the right of withdrawal and the indication of the products from which Customer intends to withdraw.
h.3) In case of exercise by Customer of the right of withdrawal:
- the Customer undertake to return the products within 5 days from the date of notice of withdrawal of the previous point;
- the delivery of products must be carried out,
charged to the Customer, at the following address:
Bernasconi 1872 s.r.l. a s.u.
Via Manzoni, 44
All the costs related to the return of the products and for the for the withdrawal, comprehensive of the shipping costs, are fully charged to Customer and they will be not reimbursed;
- all risks of transport, for the return of the products, will be charged to the Customer. In case of damages to the products during the transport, BERNASCONI will inform the Customer (within 5 days of receipt of products), to enable the Customer to file a timely complaint against the courier.. BERNASCONI is not responsible in any way for damages or thefts/losses of the returning products;
- products must be returned in perfect condition and must not have been used or damaged
- products must be returned with the original packaging intact and with the attached guarantees. If necessary, the Customer shall replace or cover the original wrappings on the products with additional protective packaging to preserve and protect them during delivery.
h.4) The right of withdrawal is not allowed in the case of purchase of products bespoke or custom on request of the Customer, for example through a request of engravings or personalized plates on the products.
h.5) If BERNASCONI, at its sole discretion, notices a decrease in the value of the returned products, arising from any breach of the above conditions, BERNASCONI sends an email, to the email address supplied by the Customer, communicating the amount that will be not reimbursed.
h.6) If the withdrawal has been exercised in accordance with the procedures described above and the products have been returned in accordance with the above provisions, BERNASCONI sends an e-mail to the email address supplied by the Customer with the acceptance of the returned products. BERNASCONI refunds the amount paid for the purchase of the products, net of any possible amount communicated due to a decrease in the value of the returned products, within 14 days from the date on which BERNASCONI became aware of the exercise of the right of withdrawal by the Customer.
Alternatively, the Customer, within 3 days from the received email with the amount deducted, he/she can ask BERNASCONI to get back the products in the state in which they were withdrew, at Customer's expense
h.7) If Customer does not exercise the right to withdraw in accordance with the previous terms and conditions, and/ or if BERNASCONI can't accept the withdrawal, the Customer is not entitled to a refund of the price paid for the purchased products.
i.1) All products are quality controlled and checked for any faults before they are dispatched to the Customer.
k.1) BERNASCONI does not assume any liabilities for disruptions caused by force majeure of any nature and kind, in the event BERNASCONI can't execute the contract.
k.2) The Customer agrees that the liability of BERNASCONI for any obligation resulting from this contract is limited to and shall in no case exceed, the amounts received by BERNASCONI and paid by the Customer in connection with the performance of individual services which responsibility refers. It is expressly excluded any greater damage, loss, cost or expense.
k.3) BERNASCONI is not liable for any failure and / or harm derived to the Customer from causes not attributable to BERNASCONI or, in any case, by delays resulting from malfunction, failure or irregular transmission of information or causes to beyond its control including, without limitation, delays or system dropped calls, interruption in operation or lack of connection of the Internet network or interruption, suspension, malfunctioning of the Internet network access nodes, interruption, suspension or malfunction of the electronic service , post or electricity supply; from lockouts or strikes also of its personnel; by impediments or obstacles caused by legal provisions or by acts of domestic or foreign authorities; by measures or judicial acts or acts of third parties; other causes not attributable to BERNASCONI and generally any impediment or obstacle that can not be overcome with proper diligence criteria BERNASCONI in relation to the nature of business.
k.4) BERNASCONI has the right to suspend and terminate the connection service to the online shop of BERNASCONI at any time and for any reason. BERNASCONI can not be held responsible for the consequences of any interruptions or suspensions.
k.5) BERNASCONI is not in any way, directly and indirectly responsible for the quality and integrity of the products sold and for any damage, directly or indirectly attributable to the use of the products. The Customer indemnifies BERNASCONI from any liability and or from any request for damages.
L) CUSTOMER OBLIGATIONS
l.1) The visitor and/or the Customer of www.bernasconi1872.com site, which includes online shop of BERNASCONI, declares to be 18 years of age.
l.2) The Customer acknowledges and agrees that it cannot reproduce, publish or distribute the content of the online shop of BERNASCONI. It's expressly forbidden to use by anyone, other than the Customer, and it's expressly forbidden dissemination to the public, in any manner and on any effected support information, data, services provided to the Customer as well as their processing, editing, revision, resale, integration, duplication, transmission, association with other data and information, and tampering.
l.3) The Customer may not transfer to third parties this contract or the rights arising from it.
l.4) The Customer agrees to indemnify BERNASCONI from any liability arising from incorrect financial documents because of an erroneous indication by the Customer.
The Customer undertakes to provide BERNASCONI, following the express request of the same sent by e-mail to the Customer, a copy of the identity document and / or the tax code. Failure to comply with this requirement may constitute grounds for termination of the contract by BERNASCONI.
l.5) The Customer acknowledges and agrees that all communications, notifications, certificates, information, financial reports, and in any case every documentation on operations performed, related to the purchase of products, will be sent to the email address provided by the Customer at the time of the recording and / or at the time of the order.
M) CONTRACT DISSOLUTION
m.1) The obligations assumed by the customer and the guarantee of the payment, are essential, so that by express agreement, the failure by the Customer, only one of those bonds will determine the legal termination of the contract pursuant to Article . 1456 cc, without any judicial decision, subject to the right to BERNASCONI to sue for damages.
n.1) Any complaint must be addressed to:
Bernasconi 1872 s.r.l. a s.u.
Via Manzoni, 44
O) JURISDICTION AND APPLICABLE LAW
o.1) The sale agreement between the Customer and BERNASCONI is concluded in Italy and it's regulated by Italian law.
o.2) For the solution of civil and criminal litigation arising from the conclusion of this sale agreement, the local jurisdiction is the only forum in Milan.
TERMS AND CONDITIONS OF USE
A) By accessing to www.bernasconi1872.com web site and to its contents, including the online shop of BERNASCONI, the visitor and /or Customer is also subject to the following conditions.
In case of visit of the web site www.bernasconi1872. and of its content, the Visitor and /or the Customer automatically accept these terms and conditions of use.
B) All information contained in www.bernasconi1872.com website, including the online shop of BERNASCONI, are owned by Bernasconi 1872 srl a s.u..
C) Each publishing operation, reproduction or copying of all or part of the site content (images, photographs, editorial content, texts relating to products, etc.) on other sites or in the press, must be expressly authorized by Bernasconi 1872 srl a s.u.
Bernasconi 1872 srl a s.u. may subsequently request the removal of links to its own site if included in sites with offensive content or detrimental to its image.
D) BERNASCONI reserves the right to modify or correct the content of the web site www.bernasconi 1872.com, which includes online shop of BERNASCONI, at any time without notice and without liability.
E) The Visitor and / or Customer agrees and acknowledges that the access to the web site www.bernasconi 1872.com, which includes the online shop of BERNASCONI, may be interrupted at any time for any reason by BERNASCONI
F) BERNASCONI informs the Visitor and/or the Customer that these TERMS AND CONDITIONS OF USE may be modified at any time. As they are posted online, each Visitor and/or Customer who accesses to the web site is required to read and accept these modifications without restriction. Therefore it is the responsibility of the Visitor and / or the Customer read these TERMS AND CONDITIONS OF USE before navigating into the site.
These TERMS AND CONDITIONS OF SALE and these TERMS AND CONDITIONS OF USE were accepted by his/her and they constitute a valid and binding agreement between you and BERNASCONI.