GENERAL CONDITIONS OF SALE
The general conditions of sale described herein (hereafter referred to as “General Conditions”) are intended to govern the acquisition of products and services at a distance via the internet using the website www.bemarstender.com (hereafter referred to as “the Website”) within the meaning of Legislative Decree 206/2005 and subsequent amendments and additions (Consumer Code) and of Legislative Decree dated 9 April 2003 no. 70 containing regulations relating to electronic commerce. Users are invited to visit the link directing them to the latest version of the General Conditions of Sale; this link is included in order confirmation emails. The owner of the online shop is BE.MAR SRL
Via 1°Maggio n.2, 23875 Osnago (LC)
Fiscal Code/VAT Number: 01431090131
Enrolled on the Register of Companies of Lecco no. 01431090131
Share Capital: 46,800.00 euros
E-mail: firstname.lastname@example.org is an e-commerce website exclusively owned by BE.MAR SRL. The applicable conditions of sale are those in force at the time the product or services are purchased. Contracts entered into with BE.MAR SRL via the website www.bemarstender.com are governed by these General Conditions and by Italian law. The language of the contract is Italian.
The purchase of products or services by users/customers via the website is achieved by the user completing the electronic order form following the instructions contained in the links on the home page. In particular, the customer must add the selected products and/or services to their Shopping Basket and after having viewed and explicitly accepted the General Conditions and the Privacy notice, they must insert into the order form their personal information, delivery or billing details and chosen method of payment. After having completed the form with the required information the user/customer must confirm the order.
The website is constantly updated with the availability of every product/service and shows delivery times. Such availability is purely indicative as the same products may be ordered and purchased simultaneously by other customers before the customer’s order is completed.
Submission of the order constitutes a contractual offer and indicates acceptance of all the General Conditions and provisions regarding the processing of data for privacy purposes.
Acknowledgement of receipt of the order does not constitute acceptance but is merely confirmation of receipt of the same with the right of acceptance reserved. The contract between the parties is considered to be concluded by acceptance of the order by BE.MAR SRL, indicated by transmission of a confirmatory email accepting the order and containing a summary of the products and/or services requested, the user’s data, delivery or billing information and the total price to be paid by the customer including any delivery charges. The total price is inclusive of VAT. The email confirming and accepting the order will also contain a link to the current General Conditions of Sale.
BE.MAR SRL reserves the right not to accept or confirm the order request received from the user, or any part of it, by confirmation to the user via email within 48 working hours from receipt of the order request. In the event that one or more products or services are not available BE.MAR SRL will promptly communicate this to the user via email, at the same time requesting the user’s instructions regarding later delivery or partial or total cancellation of the order. Such instructions must be communicated to BE.MAR SRL via email within 48 hours and no later.
The user may cancel the entire order request or the part of the order request relating to the unavailable products and/or services.
Where the order request for products or services is cancelled partially or totally, BE.MAR SRL will promptly refund any sums paid using the same payment method chosen by the user.
The contract for purchase is strictly dependent on payment of the total sum due under the order. In the event of non-payment the contract is terminated as of right and BE.MAR SRL will send an email to the address on the order advising that the contract has been terminated with consequential cancellation of the order.
Property in the products is transferred on payment and risk for damage or loss is transferred at the moment when they are physically consigned to the carrier.
The characteristics and price of each individual product and of the services offered during sale are indicated in the individual product descriptions on the website. The colours of the images may differ from the actual colours by virtue of the settings of the information systems and computers used by user and hence the photographs do not represent samples of the goods. The images must therefore be considered merely indicative and within the required acceptable limits.
- Payment methods
Payment methods for user orders are advance Bank Transfer or online using PayPal.
Where the user chooses to pay by Bank Transfer the bank account details for receipt of payment will be supplied when this payment method is chosen using the relevant link. The link providing bank details will also be supplied in the confirmatory email for the order request.
Payment must be made within 5 working days after receipt by the user of confirmation and acceptance of the order request; for this purpose time is of the essence and if payment is not made within the specified time the contract will be terminated as of right. The goods will be dispatched only after receipt of payment by BE.MAR SRL and consequently the delivery times will take effect from such date.
Details for Bank Transfer: Banca Intesa SanPaolo iban: IT21Q0306951170000002500156
The payment via Bank Transfer must contain as a reference the order number specified in the confirmation and acceptance sent by BE.MAR SRL.
Where the user wishes to pay using PayPal or using Setefi Banca Intesa the user shall be redirected to the website of the intermediary and must follow the procedures and contractual conditions referred to therein.
It is expressly confirmed that BE.MAR SRL is not party to the contractual relationship entered into between the user and the intermediary for payment and is thereby absolved of all responsibility relating to such relationship; it is also expressly confirmed that BE.MAR SRL has no knowledge of the credit card details linked to PayPal and that the data transmitted by the user to the intermediary for the payment is not visible to BE.MAR SRL.
In the event of total or partial cancellation of an order paid via PayPal or Setefi Banca Intesa the refund due shall be paid by BE.MAR SRL to the user’s account or credit card within no more than 48 hours after the cancellation.
The timescale for reimbursement to the user is independent of BE.MAR SRL which is therefore not responsible for any delays in reimbursement, for payment of which the user must have direct recourse to PayPal or Setefi Banca Intesa.
The issue of the invoice, which shall be sent to the user via email or included in the order on despatch to the carrier, shall be effected using the data supplied by the user and no alteration to such data shall be possible after despatch of the invoice.
- Transportation and delivery
The purchased products shall be delivered to the address supplied by the user in the delivery details section of the order request at the time it is submitted.
Orders shall be delivered to the address specified by the user by express courier normally within 48-72 working hours from the time the order is made, between Monday and Friday. Other delivery times arising from individual products/services not being immediately available are always indicated on the website. In no way can BE.MAR SRL be held responsible for any delays in delivery which are unforeseen and/or not attributable to it, or are the result of accident or circumstances beyond its control.
The delivery service, performed independently by express courier GLS, will attempt to deliver twice to the address specified by the user and will leave an appropriate delivery notification. In the event that the user cannot be contacted after the second attempt at delivery the goods will be returned to the warehouse of the express courier. In such a case the user will be contacted by BE.MAR SRL for cancellation of the order and reimbursement of the cost of the goods only less additional costs incurred (12.50 euro storage costs), alternatively a new delivery shall be agreed at additional cost. In the event that the customer cannot be contacted within 10 days after the first delivery attempt BE.MAR shall have the right to terminate the contract for non-compliance and retain the goods ordered without reimbursement to the customer considering any sums paid as a penalty for breach of contract. The products shall be delivered solely to premises at street level. BE.MAR SRL cannot be held responsible for any errors in the data supplied by the user.
At the time of delivery of the goods the user shall check that the number of packages received corresponds with the number specified on the delivery note, and that the packaging is intact, undamaged and not compromised in any way. The user shall query any problem arising with the courier and shall provide written indication thereof on the delivery note, specifying the reason, and shall promptly inform BE.MAR SRL of any such problems. In the absence of such written notification the goods will be considered to have been accepted in full.
Delivery of the goods is possible only to the areas available for selection when the order is made. Deliveries will not be made to PO boxes or to organisations providing domiciliation services.
- Right of withdrawal
- The user/consumer may withdraw from the contract for any reason and without penalty, except in the cases listed hereafter, within 14 days of receipt of the goods ordered.
The desire to withdraw must be indicated by registered letter addressed to:
Via 1° Maggio n.2, 23875 Osnago (LC)
On receipt of the letter of withdrawal BE.MAR SRL will verify the efficacy and validity of the withdrawal and communicate the instructions and withdrawal methods to the user via express mail.
Under art. 59 d.lgs (legislative decree) 21/2014 the right to withdraw is excluded in the following cases:
– a user who does not qualify as a consumer and/or who requests the invoice within the meaning of article 3(1)(a) of the Consumer Code
– orders for products that are custom-made or clearly personalised
– orders for sealed products that do not lend themselves to being returned for hygiene reasons or which have been opened after delivery.
On exercising the right to withdraw the user must return the products within 14 days of making the notification, such period being observed if the user returns the goods within the 14 days even if BE.MAR SRL does not receive the goods within that period. The user is however responsible for any reduction in the value of the goods resulting from handling the product. Even in the case of subsequent exercise of the right of withdrawal the goods received must therefore be handled with care and returned intact with all price tags, instruction sheets, labels and the single-use seal.
Where the right of withdrawal is not exercised in accordance with existing law the contract will not be terminated and consequently there will be no right to reimbursement of the price. BE.MAR SRL will provide written notification of this within 5 working days from receipt of the withdrawal notification that has been exercised in non-compliance with the law. Where the goods are returned directly by the user but the right of withdrawal has not been validly exercised, the returned goods will remain available to the customer at the warehouse for retrieval at the user’s expense and under the user’s responsibility. If the goods are not retrieved within 60 days from the request to do so the goods will be retained by BE.MAR SRL without any obligation to reimburse the user/customer. Where the goods subject to withdrawal undergo a reduction in value resulting from being handled by the customer in a manner inappropriate to the nature, characteristics and functionality of the product, the amount of the reimbursement shall be reduced by a sum equivalent to such reduction in value. BE.MAR SRL will notify the user of this circumstance within 5 working days from receipt of the product.
- Effects of withdrawal
Exercise of the right of withdrawal by the user will result in reimbursement of the price paid less delivery costs. Reimbursement of the price will be made by BE.MAR SRL using the same payment method used by the user for payment of the goods (i.e. bank transfer, PayPal refund or Setefi-Banca Intesa refund).
Reimbursement shall be made immediately after return of the goods to BE.MAR SRL
- Guarantee and defects
All products and services sold to consumers are covered by a legal guarantee of conformity under articles 128-135 of the Consumer Code. With the exception of food products, the guarantee has a duration of 24 months from despatch of the products and the defect must be notified to BE.MAR SRL within 2 months of its discovery.
Time is of the essence and if notification is not made within the specified time limit the user’s right to the guarantee is forfeited.
Under the provisions of the Consumer Code the user/consumer has the right to choose to accept a repair free of charge if the type of product warrants it, or an appropriate reduction in price, or termination of the contract.
In the event of the exercise of such right the user must provide proof of purchase of the goods. The user/consumer must promptly inform BE.MAR SRL of the defects in the products as soon as they come to light.
Relations with professional users/customers are not subject to the Consumer Code and are governed by the law relating to sale of goods.
- Limitations of responsibility
Information relating to the products is updated periodically. It is not possible to guarantee the complete absence of errors. In the event of errors or omissions BE.MAR SRL will update the product details promptly and inform users who have made an order for products in error.
- Content supplied by users
Users are responsible for their own content or that of third parties which they enter onto the BE.MAR SRL website and thereby fully indemnify Segnale Salute srl from all responsibility relating to such content.
The owner of the website does not in any way moderate the content entered but undertakes to promptly remove it if requested to do so, subject expressly to contesting and requesting compensation for damage caused by any person posting illegal and/or unauthorised content.
Users are not authorised to use, copy or reproduce any content, logo, image, trade mark or emblem on this website, which is the exclusive property of BE.MAR SRL Violations will be prosecuted and damages claimed according to law.
For any dispute or complaint regarding the contractual relations arising from use of this website BE.MAR SRL must be contacted via email or telephone or by registered letter to the following address:
Via 1° Maggio n.2, 23875 Osnago (LC)
BE.MAR SRL undertakes to reply to the user within 5 working days after receipt of the complaint or dispute.
- Online dispute resolution (ODR)
For European consumers the European Commission has introduced a tool as an alternative means of resolution of disputes, available at this address where users/customers can lodge their claims:
- Applicable law and competent court
The contract with the customer is made in Italy and is subject to Italian law.
In the event of a dispute with a user who is a Consumer the competent court shall be that of the residence or domicile of the user if located in Italian territory. In all other cases the competent court is exclusively the Court of Lecco.