1) DEFINITIONS
These general conditions of sale (hereinafter "General Conditions") have as their object the discipline of the purchase of products and services, carried out remotely and made available, via the internet, from the Bramardicioccolato.it website (hereinafter, the "Site") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The term "Purchaser" means the person making the purchase, referred to in this contract.
The term "Supplier" refers to the person who carries out the sale of the goods covered by this contract. The goods and services covered by these general conditions are offered for sale by Bramardi di Beccaria Franco with headquarters in Cervasca (CN), Via Nazionale 76 / E, C.F. BCCFNC67S02D372R and VAT number 03145790048.
The Buyer, by sending his purchase order electronically, declares to have read and accepted the general and payment conditions transcribed below, and to have read it. Therefore the transmission of the order implies full knowledge of the aforementioned conditions and their full acceptance.
The Purchaser undertakes and obliges, after the conclusion of the online purchase procedure, to print and keep these general conditions of sale, which have already been viewed and accepted.
2) OBJECT AND CONCLUSION OF THE CONTRACT
With this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematic tools only the tangible movable goods and services indicated and offered for sale on this site.
The contract between the Supplier and the Buyer is concluded exclusively through Internet by accessing the Buyer at the address of this site, where, following the procedures indicated, the Buyer will formalize the purchase order of the goods offered in sale.
To purchase products, the Buyer must fill in and send the order form, correctly complete the purchase process up to the summary page containing the order number in electronic format and follow instructions on the Site. Buyer must add the products to the cart and, after having read the general conditions and the Privacy policy, you must enter the shipping and billing information, select the desired payment method and confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Purchaser recognizes and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions .
Bramardi will send to the Buyer an order confirmation email containing the order number, shipping and billing data, list of Products ordered with their essential characteristics and the overall price, including any shipping costs. . The Customer will check the confirmation email and if he detects errors in the order he will have 12 hours from receiving this email to contact Customer Service directly from the Site using the contact form accessible through the "Contacts" section. After this deadline, the order will be processed for shipping and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in article 15 (right of withdrawal). The contract between Bramardi and the Buyer will be considered concluded only with the shipment of the ordered products. The sales contract and the order summary are drawn up in two versions: Italian, English. In case of discrepancies in the translation, the Italian version will prevail.
3) METHOD OF PAYMENT AND REFUND
The Purchaser will be able to pay for the ordered products and the related shipping costs via PayPal and credit card.
Paypal - Once the order has been confirmed, the Buyer will be redirected to the PayPal site where he can make the payment with his account or using a credit card or in any case according to the methods accepted by PayPal and in compliance with the related conditions.
PayPal data is managed directly by PayPal. The information is encrypted through the use of encryption systems that prevent it from being used by third parties and is sent directly to the bank. The Supplier reserves the right to make a request to the bank to issue the authenticity verification card on the ownership of the card itself or to PayPal in case of problems. Any refund to the Purchaser, if he is entitled to it, will be credited by reversal of the payment by credit card, PayPal or bank transfer, at the latest within 30 days. from the date on which the Supplier became aware of the cause that generates the right to a refund.
4) DELIVERY TIMES AND METHODS
The Supplier will deliver the ordered products through the BRT courier or, in cases where it is necessary, through other couriers. Except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered in Europe within a maximum period of 7 (seven) working days from the day following that in which Bramardi confirmed the order to the Customer by means of a specific confirmation email. order. From May to September we do not ship. In the event that the Supplier is unable to ship within that period, a timely notice will be given by e-mail to the Buyer, indicating the deadline by which the fulfillment of the order. Delivery times may vary depending on the country of destination and other factors not directly controllable by the Supplier and not attributable to it. For more information on delivery times and shipments, please see the "Shipping" section at the bottom of the Bramardicioccolato.it website.
5) SHIPPING AND DELIVERY COSTS
The Supplier ships with the DDP (Delivery Duty Paid) formula, therefore the goods will be delivered without further charges.
6) PRICES
All the selling prices of the products displayed and indicated on this website constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, include VAT and all other taxes. The shipping costs will be indicated and calculated in the purchase procedure before the payment of the order by the Buyer and also contained in the summary page of the order placed. The prices indicated for each of the goods offered to the public are valid until the moment the order is submitted and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time and for the Purchaser what appears on the order summary web page will prevail.
7) AVAILABILITY OF PRODUCTS
The Supplier ensures, through the electronic system used, the processing and fulfillment of orders within the terms provided by the contract except in case of force majeure or unforeseeable circumstances. If the product is not available in the warehouse, the Customer Service will promptly notify the Buyer, who will have the right to confirm (possibly with other available products) or request the cancellation of the order.
8) LIMITATIONS OF LIABILITY
The Supplier assumes no responsibility for disservices attributable due to force majeure and or for disservices or malfunctions connected to the use of internet outside of its own control or that of its sub-suppliers.
The Supplier cannot be held responsible towards the Purchaser, except in case of willful misconduct or gross negligence.
The Supplier will also not be liable for damages, losses and costs incurred by the Purchaser following the non-execution of the contract for reasons not attributable to him, having the Purchaser entitled only to the full refund of the price paid.
The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards when paying for the products purchased if it proves to have adopted all the precautions applicable at the time of the transaction.
9) WARRANTIES AND ASSISTANCE MODES
The Supplier is liable for any defect or defect ascertained of the product and attributable to him on condition that this defect or defect has been reported by registered letter with return receipt. at Bramardi di Beccaria Franco, Via Nazionale 76 / E 12010 Cervasca (CN), or sent by fax to n. +39 0171857470, or reported by e-mail to info@bramardicioccolato.it within eight days of delivery, with an indication of the batch of the product and the defect found.
10) OBLIGATIONS OF THE PURCHASER
The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the Contract. The Purchaser undertakes, after the conclusion of the online purchase procedure, to print and keep the web page that contains the order data. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, since at the time of finalizing the order, the link to this section is always present at the bottom of the page.
11) METHOD OF ARCHIVING THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that every order sent to Bramardi is stored in digital form on the server where the site resides according to criteria of confidentiality and security.
12) COMMUNICATIONS AND COMPLAINTS
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the address Bramardi di Beccaria Franco, Via Nazionale 76 / E - 12010 Cervasca CN or sent by fax to +39 0171 857470, or sent by e-mail to address info@bramardicioccolato.it.
The Purchaser indicates in the registration form his residence and domicile, the telephone number and the e-mail address to which he wishes the communications from the Supplier to be sent.
13) SETTLEMENT OF DISPUTES AND APPLICABLE LAW
The sales contract between the customer and Bramardi di Beccaria Franco. is concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court of his municipality of residence or domicile if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Cuneo, any other jurisdiction excluded.
14) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONSThe confirmation of the order implies for the Buyer acceptance of these general conditions which can be updated or modified directly with the transcription of the new standard on this site. The modification or updating will be valid and effective for orders that have not yet been processed and for which the web page, which summarizes the order data, has not yet been displayed.
15) RIGHT OF WITHDRAWAL
The buyer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within 14 days from the day of receipt of the products purchased on www.bramardicioccolato.it
To withdraw from the contracts, the buyer can use the return form (compliant with the standard form pursuant to art.49, paragraph 4 of the consumer code) to be filled in and sent to the seller at the email address info@bramardicioccolato.it or draw up and send the Seller another explicit declaration of his decision to withdraw from the contract.
After exercising the right of withdrawal, the buyer must return the products to the seller within 14 days from the date of communication to the seller of his decision to withdraw from the contract.
In the event that the buyer decides to use a shipping method other than that indicated by the seller (courier), the shipping costs will be at your expense, as well as the responsibility in case of loss or damage of the products during transport.
The right of withdrawal, in addition to compliance with the terms and methods described above, is understood to be exercised correctly if the following conditions are also met:
- Transmission of the return form or other explicit declaration of one's intention to withdraw from the contract within the terms provided by these general conditions of sale;
-The products must be returned in their original packaging, intact and sealed, and must not be damaged;
If the right of withdrawal is exercised in the manner provided for, the Seller provides the necessary checks relating to the conformity of the returned products and reimburses the amounts due within 14 days from the date on which the Seller returned to the possession of the goods;
The Seller reimburses using same payment method used by the Buyer for the purchase of the returned products, unless otherwise agreed between the parties.
If the methods and terms for exercising the right of withdrawal are not respected, the Buyer will not be entitled to a refund of the amounts already paid to the Seller.
The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.
- order of products made to measure or clearly personalized; - ordine di Prodotti che rischiano di deteriorarsi o scadere rapidamente; - order of sealed Products which are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk to deteriorate or expire rapidly" include all Food products (including wines, spirits and drinks) as the characteristics and the qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for the Products purchased on the Site that can be returned to Bramardi and put back on the market without endangering the health of consumers.
In cases of exclusion of the right of withdrawal, Bramardi will return the purchased Products to the Customer, charging the shipping costs to the same.
16) INFORMATION ON PRODUCTS
Information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
Visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that Images of the Products themselves have the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
The buyer, concluding the online purchase procedure, declares to have read the ingredients and allergens.
17) BILLING OF PRODUCTS
If the purchase is made by a VAT subject, it will be possible to request the issuance of the invoice by selecting the appropriate box during the order procedure and entering the billing data including the tax code and / or VAT number. In this case, the invoice will be sent by email to the indicated address. The Purchaser is responsible for the correct insertion of the billing information and is expressly informed that, in case of failure to request the invoice during the order phase, it will not be possible to request it later.
Withdrawal form:-pursuant to article 49, paragraph 1, lett. h) -
Dear Bramardi of Beccaria Franco,
Via Nazionale 76/E, Cervasca (CN)
info@bramardicioccolato.it
- Hereby I / we _________________________________________ notify the withdrawal from my / our sales contract of the following goods / services________________________________________
- Ordered on ____________ /received on _____________
- Name of the consumer (s) _______________________________________
- Address of the consumer (s) _____________________________________
- Signature of the consumer (s) (only if this form is notified in paper form) _____________________________________________________________
Date _______________________________________