BERIC Srls – Via Violis 12 – Fabbricadelleidee – 33085 Maniago (PN) – Italy – www.beric.it
1. THE OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
By “on line” sale/purchase contract, we mean the long distance contract and that is the legal negotiation having for object real goods and/or services stipulated between a supplier, BERIC S.rl.s. and a consumer and/or customer in the scope of a system of long distance sales organised by the supplier who, for said contract, employs the distance communication technology named the “internet”. All contracts, therefore, will be concluded directly through access on the part of the consumer and/or customer at the internet sire corresponding to the http://www.beric.it address, where, following the indicated procedures, he will get to the conclusion of the purchase of the goods. BERIC S.rl.s. will be able, with discretion, to request that the consumer and/or client confirm the order placed. By consumer, we mean any physical person who, in the sales contract of consumer goods, acts for aims unrelated to the entrepreneurial activity carried out. For long distance contracts with consumers, we explicitly recall the legislation provided by section II of the D.Lgs. no. 206 of 6 September 2005.
Conclusion
The contract is considered concluded at the moment in which the customer’s acceptance arrives at BERIC S.rl.s.’s electronic address, by sending the digital order; the customer will receive via email confirmation of the conclusion of the contract. Any order placed by a person neither resident nor domiciled in Italy, the Republic of San Marino or the Vatican City or Switzerland, or who is not yet 18 years of age and does not have a fiscal code and/or VAT number, will be without effect.
2. SALES PROCESS AND PURCHASE CONDITIONS
All sales prices of the products displayed and indicated inside the internet site, inasmuch as they constitute a public offer according to art. 1336 c.c., include VAT and all other taxes. For international delivery we only accept payment by Paypal, credit card or bank transfer in advance. COD (payment on delivery) is not possible out of Italy. The shipping charges will be paid by the customer (excluding items for which shipping is free), variable according to weight, dimensions and destination of the order itself. The prices may be subject to variations at any time, without the Supplier having to advise of them, in any case, once the customer has placed the order, this same will not be subject to any price change.
The purchase contract is concluded through the exact filling out and agreeing to buy demonstrated by the “online” subscription data or else concluding the guided buying procedure, which is concluded by clicking on the “Send Order” button. The customer can pay for the ordered goods by the payment services indicated online at the time of the purchase (see payment methods).
The Customer does not owe anything more than the amount shown for the entire order at the end of the purchase procedure.
The Customer will be sent confirmation of the order via electronic post, carrying forward the data of the interested party, the delivery address, the price and shipping costs, and eventual comments. The Customer is expected to verify the correctness of that which has been carried forward and to communicate eventual changes in a timely manner.
For every order placed, BERIC S.rl.s. sends an accompanying invoice of the goods shipped, according to art. 14 D.P.R. 445/2000. In order to emit this above mentioned invoice, the information supplied by the Customer at the time of ordering will be faithfully reflected therein. No changes can be made after the invoice has been sent.
2.1 – Delivery
Our shipping and handling charge are calculated once per order and cover shipping, postage, packing, packaging, supplies. BERIC S.rl.s. cannot be held responsible for late dispatching of the order nor delivery of what has been ordered. In the case of late delivery, which is not BERIC S.rl.s.’s responsibility, the Customer has the right to cancel the order and the money paid will be reimbursed.
At the moment the courier delivers the merchandise, the Customer is expected to make sure: The number of packages delivered correspond to what is indicated on the transport document; The packaging is intact, not damaged, or wet, or in any way ruined, even for the binding material (adhesive tape or staples). If this is not the case, this has to be indicated on the courier’s transport document in the space “I ACCEPT WITH RESERVE”, briefly specifying the description of the anomaly encountered (ex: wet wrapping, holes in the box, stains on the box, etc.); if this is not done, BERIC S.rl.s. will NEITHER accept complaints NOR substitute the merchandise.
Delivery problems
In case of failed collection within 5 working days of the present material sitting in the courier’s warehouse because of repeated impossibility of delivery to the address indicated by the Customer at the time the order was placed, this order will be returned to our warehouse.
3. AVAILABILITY OF PRODUCTS
Product availability is updated daily and is clearly stated for each product.
If the consumer and/or customer should not agree to wait the time necessary for delivery (apart from the terms provided for in art. 54 of the D. Lgs. no. 206/2005) the contract will be understood as rescinded and BERIC S.rl.s. will see to the cancellation of the payment.
4. EXECUTION OF THE CONTRACT AND DELIVERY CONDITIONS
BERIC S.rl.s. will see to delivery to the customers the selected and ordered products, with the conditions set out in the preceding article, via courier and/or trusted shippers, or else to the final judgement of the company, to the company itself.
4.1 – The times for delivery will never exceed those provided for in art. 54 D.Lgs. 206/2005 (these terms will be applicable even for transactions with non consumers), except when otherwise communicated to the customer. By date of delivery we mean the date relating to the first attempt, on the part of the courier, to deliver the merchandise to the address (meaning the main entrance to the building and not that accessing the private dwelling), even if the attempt fails because of the absence of the addressee or refusal of the merchandise.
In the case of a failed delivery of the ordered and shipped merchandise, a failure not attributable to BERIC S.rl.s., this same will have the right to be reimbursed for the shipping. This reimbursement operation can also be done by partial transfer of payment made by credit card.
5. BUYERS’ OBLIGATIONS
The buyer and/or customer undertakes and is obliged, once the “online” buying procedure is concluded, to see to printing out and keeping the present general conditions which, moreover, will have already been read and accepted as one obligatory step during purchasing, as well as of the specifics of the product which is the object of the purchase, and in order to fully satisfy the conditions in arts. 4, 5, 52 and 53 of the Decr. Legisl. No. 206/2005.
5.1 – It is strictly forbidden to enter false and/or imaginary data during the registration procedure necessary to activate the operation on your behalf in order to execute the present contract and the relative ulterior communications; personal data and email information must be exclusively those of the buyer and not of third parties or otherwise invented. The consumer and/or customer authorizes BERIC S.rl.s. and undertakes to supply, at the discretional request of this last, unexpired copies of ID documents. Lack of compliance to this request for documents authorizes BERIC S.rl.s. to dissolve the contract for lack of fulfilment on the part of the buyer. It is expressly forbidden to effect multiple registrations for the same person or enter third parties’ data. BERIC S.rl.s. reserves the right to legally pursue every violation or abuse, in the interests of and for the protection of all consumers.
BERIC S.rl.s. reserves the right to approve an order only after checking the accuracy of all data contained therein, in the case of non-acceptance of the order, BERIC S.rl.s. will give timely notice to Customer.
5.2 – The customer relieves BERIC S.rl.s. from any liability arising from the emission of erroneous fiscal documents because of errors in the data supplied by the customer, it being the sole responsibility of the client for their correct insertion.
6. DATA COLLECTION
By filling out the relevant space on the BERIC S.rl.s. website or in the banking system web site, the consumer and/or customer authorizes BERIC S.rl.s. to use their credit cards, or other card issued in substitution thereof, to debit their current account in favor of BERIC S.rl.s. by the total amount shown as the cost of purchase “online”. The whole procedure is effected by means of secure connection directly to the bank, owner and operator of the “online” payment service, to which BERIC S.rl.s. cannot access. If the consumer were to exercise the right of withdrawal, as explained in paragraph 9 of these general conditions, the amount to be refunded will be credited to the same credit card.
6.1 – Compiling the registry card in the registration process, necessary to activate the process on the customer’s behalf for the execution of the present contract and subsequent relative communications, the consumer and/or customer authorizes BERIC S.rl.s. to communicate non-sensitive personal information (residence, phone number) to carriers and/or shipping agents of trust used for the delivery of the purchased goods to allow the procedures required for delivery to the specified address.
7. RESPONSIBILITIES
From the moment the consumer and/or customer receives damaged goods or seeks their return to the carrier, their action is directly and exclusively against the carrier itself. This also relates to delay in delivery of the goods to the consignee. BERIC S.rl.s., in those cases, must consider itself exempt of any liability for loss or damage (damaging) of the goods from the time when the same is given unconditionally to the carrier for transportation.
In case of damage to the package or of the packaging, the Customer has the burden to claim reservations with regard to the transported property at the time of delivery to avoid forfeiture to do so.
In case of partial loss or damage not detectable at the time of delivery, the consumer and/or customer must denounce to the carrier, subject to forfeiture, the damage as soon as recognized and no later than eight days after receipt, by registered, return receipt post (Art . 1698 civ. cod.)
It is to be understood that the images accompanying the description sheet of a product, might not be fully representative of its characteristics, but differ in size, product accessories, color, present in the figure. All supporting information for purchases is intended simply as material for general information, not referable to real characteristics of a single product. In the absence of specific instructions in the order note, there can be no complaint about the lack of conformity of the purchase.
8. WARRANTIES, RETURN POLICY AND CONDITIONS OF SERVICE
The provisions of D. L. 24/2002 apply to all products sold by BERIC S.rl.s..
BERIC S.rl.s. disclaims any liability for special damages: incidental, consequential, or indirect, except in cases of willful misconduct or gross negligence.
The Consumer [any person who, in contracts of sale of consumer goods, acts for purposes not related to any entrepreneurial activity carried out, and however acquires by using the fiscal code and not the IVA (VAT) number], in the case in which, within two years after delivery of the purchased goods, defects in conformity regarding the contract considered to be existing at the time of delivery, has the right to turn to BERIC S.rl.s. requesting repair or replacement of the goods.
The consumer, if not accepting the proposed remedy, can, at its option, can ask appropriate reduction of price or the resolution of the contract where one of the following conditions exists: a) repair or replacement is impossible or prohibitively expensive, b ) the seller has failed to repair or replace the goods within a realistic time c) the replacement or repair previously carried out has caused significant inconvenience to the consumer.
In determining the amount of reduction or the amount to be returned, use of the property is taken into account (Article 1519 – quarter – civ. code lists in detail the wide range of rights granted to consumers in the presence of non-conformity of goods).
It is the burden of the consumer to prove that there is a lack of conformity which existed at the time of concluding the contract, unless the same has not manifested itself within six months from delivery. (Article 1519 – sexies civ. code).
The denunciation of a defect must be made within two months from discovery, subject to guarantee revocation (Article 1519-sexies civ. code)
The Consumer, to request the remedy of replacement or repair, must effect an apposite claim following the steps in the successive paragraph.
BERIC S.rl.s., after the inescapable communication of the code of return, may authorize the return of the product for verification to be carried out in its service centre used by the seller. Expenses of return will be anticipated by the consumer. The risks involved in shipping the goods are entirely the responsibility of the sender who can freely choose whether to insure the shipped product without any obligation of repayment by the seller. Shipments sent “freight collect” will not be accepted unless previously agreed upon with the seller. Where the alleged defect is confirmed, BERIC S.rl.s. will arrange to perform in a reasonable time, the remedy agreed upon and credit the shipping costs incurred, except those for services other than ordinary.
BERIC S.rl.s. reserves the right to charge the customer any costs incurred for product verification and for its return, should it result being intact and functioning or that is devoid of the alleged lack of conformity referable to the date of delivery, contrarily to that stated by the customer.
The customer “non-users” (i.e. acquisition with VAT) seeking any replacements or repairs may apply directly to the BERIC S.rl.s. assistance service centre. In any case of requesting contract resolutions or reduction of the price under Art.1492 civ. code the same must be preceded by the sending of the appropriate certification from the service centre on the existence and nature of the alleged defect, certifying that the defect is not due to the misuse of the goods. Only after the receipt of the said certification will clearing of the request proceed.
To resolve any dispute, you can also use the EU Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/