Contractual terms and conditions
CONTRACT FOR THE SALE OF GOODS
1. FOREWORD
The following terms govern the contractual relationship between the company B&G Projects S.r.l. (VAT No. 03888110230), with registered office in 37026 Pescantina (VR), Via Ospedaletto No.19/b- Jtaly, Te!. +39 045 683 8406, email info@begprojects.com. in the person of its legai representative Mr. Emanuele Guardini (hereinafter B&G Projects) and the natural or lega! person (hereinafter: purchaser) who purchases, via web-based network, the products (hereinafter: the products) fostered by B&G Projects. Any change to this contract shall be necessarily accepted in writing by B&G Projects.
2. CONTRACT FINALIZATION PROCEDURE
Ali terms and conditions in the B&G Prnjects website are to be understood as invitation for proposals, viz. terms and conditions aiming at allowing the purchaser to send a specific contractual proposal.
Consequently the purchaser mày send B&G Projects the purchase proposal for goods only after completing the selection procedure and only after having examined the genera! information. B&G Projects reserves the right whether or not to accept this pro posai. Nothing shall be due to the purchaser in case of failure to accept the proposal and the purchaser declares as of now that he waives any claims for compensation or indemnity from B&G Projects.
B&G Projects, in case of acceptance, shall send the purchaser an order confirmation message (hereinafter: acceptance) containing the contractual terms.
The order confirmation shall be sent by B&G Projects by email.
3. PRICE
The price for the goods under the contract is the price specified in the purchase proposal sent by the purchaser, as stated in the acceptance note.
Prices are inclusive ofVAT (for EU countries) andare free domicile with the exclusion of shipping costs as per the purchase pro posai and the order confirmation.
4. ELECTION OF DIGITAL DOMICILE
The purchaser states that he elects his own digitai domicile at the email address specified in the purchase proposal. Therefore, he, hereby, gives his consent for ali notices to be sent to the above-mentioned address.
The purchaser undertakes to notify any change in the above-mentioned digita! domicile in writing.
5. PAYMENT
The purchaser undertakes to pay the price as stated in the purchase proposal and the acceptance note.
Ownership of the goods shall, in any case, pass to the purchaser only after payment of the price by the purchaser to B&G Projects S.r.l.
6.DELIVERY
After B&G Projects receives the price due it shall proceed to package and deliver the goods by carrier or mail. The purchaser, however, is required to check with the relevant Customs Authorities for the absence of any limits to import of the goods. B&G Projects shall not be liable for any prohibitions to import existing in the Country of destinati on of the product being purchased.
Delivery times are, as a guideline, set at 2 weeks. Delivery, anyway, shall be carried out in the shortest possible time and in any case within 2 weeks of the date of finalization of the contract. Nevertheless, delivery times are not mandatory.
The parties agree that this is without prejudice to any impediment due to force majeure causes or other causes irrespective of the will of the parti es.
7. IMPEDIMENTS
Whenever force majeure causes or other causes irrespective of the will of B&G Projects occur following payment of the price by the purchaser and prior to delivery and prevent B&G Projects from delivering the goods the amount paid shall be returned withiri 15 days of receipt of the order, applying a 5.00 Euros deductible.
8.WARRANTY
B&G Projects warrants that the contractual products comply with existing regulations in ltaly. lt also acknowledges the legai warranty of compliance of the purchased goods pursuant to articles 128-135 ofthe Consumer Code (Legislative Decree No. 206/2005) if the purchaser is a consumer and pursuant to art. 1490 et seq. ofthe Civil Code when the purchaser is a professional.
9. WITHDRAWAL
9.1 The withdrawal right, pursuant to article 52 of the Consumer Code, can only be exercised in case of purchase of STANDARD PRODUCTS. Consequently the withdrawal right shall not apply in case of purchase of CUSTOMIZED PRODUCTS (art. 59, paragraph 1, letter C) of the Consumer Code).
9.2 In case ofpurchase ofSTANDARD GOODS the purchaser is entitled to withdraw, with no need to specify the reasons therefor and without any penalty, within the term of 14 days starting from the date of delivery of the goods. “Delivery” is understood to be the moment when the purchaser or a third party, other than the carrier and designated by the purchaser, comes into physical possession of the goods. The withdrawal right expires after this term is elapsed. To exercise his withdrawal right the purchaser has to inform us (at the head office of B&G Projects S.r.l. located in 37026 Pescantina (VR), Via Ospedaletto No. 19 /b – ltaly, Tel. +39 045 683 8406, email: info@begprojects.com) of his decisi on to withdraw from this contract by making an explicit statement ( e.g. a letter sent by mail, fax or email). He may use the standard withdrawal form for this purpose.
WITHDRAWAL FORM (Fili out and send this form only if you want to withdraw from the contract)
RECIPIENT: B&G Projects S.r.l.- Via Ospedaletto No. 19/b- 37026 Pescantina (VR) tel.: +39 045 683 8406 – email: info@begprojects.com
I, _________________________ hereby, inform you that I withdraw from the contract for the sale of the following goods:
___________________________________________________________________
ORDER DATED _____ ______ _______/ GOODS RECEIVED ON ____ _____ _______
CONSUMER’S NAME _________________
CONSUMER’S ADDRESS __________________
Consumer’s Signature_________________________
Date________________
This is not compulsory however and it is sufficient for the purchaser, in order to comply with the withdrawal term, to send the noti ce related to exercise of his withdrawal right prior to expiration of the withdrawal peri od.
10. EFFECTS OF WITHDRAWAL
If the purchaser withdraws from this contract he shall be refunded ali the payments he has made in our favor, including delivery costs (with the exception of extra costs arising from having chosen a type of delivery other than the least costly type of standard delivery we offer), without undue delay and in any case no later than 14 days of the date on which we are informed of his decisi on to withdraw from this contract. Said refunds shall be made by the same means of payment used by the purchaser for the initial transaction unless explicitly otherwise agreed by the purchaser. At any rate he shall not bear any cost as a result of this refund (refund can be stopped unti! receipt of the goods or unti! the consumer has proven, that he has sent the goods back, if already received). In any case the purchaser, when exercising his withdrawal right, is required to send the goods back in their originai packaging or in equivalent packaging to the headquarters of B&G Projects S.r.l. (37026 Pescantina (VR), Via Ospedaletto No. 19 /b – Italy) without undue delay and in any case within 14 days of the date on which he notified us of his withdrawal from this contract. This deadline is met if the purchaser sends the goods back prior to expiration of the 14-day peri od. Direct costs for return of the goods shall be borne by the purchaser. The purchaser is liable for any decrease in the value of the goods caused by handling of the goods in a manner differing from that necessary to establish the nature, characteristics and operati on of the goods.
11. RETURN OF GOODS
B&G Projects warrants the purchaser the possibility to return some purchased products only. As a matter of fact, only a few of the CUSTOMIZATIONS can be returned and especially the return policy shall apply only to the specified models that can be consulted on the bngrealshoes.com/return-policy / page.
12. PRIVACY (G.D.P.R. (EU) 2016/679)
The purchaser’s persona! data shall be processed in accordance with the community laws as per EU Regulation 2016/679 fully effective as from May 25th, 2018 according to the procedures that are exactly specified in the persona! data processing policy (pursuant to art. 13 of Legislative Decree 196/2003).
13. GENERAL INFORMATION
1. The goods, under the contract, the price with taxes and duties, delivery expenses and payment methods as well as existing customer services and commerciai warranties are described in the terms ofthe “contract for the sale ofgoods”.
4. The purchaser may exercise his withdrawal right in accordance with the above-mentioned legai deadlines.
5. Any request of informati on, complaints and suggestions may be sent to B&G Projects S.r.l. (VAT No. 03888110230) with registered office in 37026 Pescantina (VR), Via Ospedaletto No. 19 /b – Italy, Te!. +39 045 683 8406, email info@begprojects.com.
The purchaser’s personal data shall be processed in accordance with Legislative Decree 196/2003 according to the procedures that are exactly specified in the persona] data processing policy pursuant to art. 13 of Legislative Decree 196/2003.
6. B&G Projects S.r.l. shall not be liable for any anomalies, disruptions, interruptions of the web-based network nor for the contents of any connected and not authorized hyperlink websites.
7. Publication, forwarding or transmission, in any manner whatsoever, even if partially changed, of the contents of the website and, therefore, of images, texts, sounds, codes, etc. are not allowed.
14.TELEPHONE SERVICE OF B&G PROJECTS SRL
B&G Projects Customer Service ensures full pre-sale and after-sale service. The customer service is available by telephone dialing the following number:
CUSTOMER SERVICE +39 045 683 8406
or by sending an email to the info@begprojects.com address.
15.GOVERNING LAW AND VENUE
These General Sales Terms are governed and shall be construed exclusively pursuant to ltalian Law. The Court of Verona shall have sole jurisdiction over any disputes, without prejudice to the application of binding Iaws and jurisdictions laid down to safeguard the Consumers.
16.LANGUAGE
This transaction deed is drawn up in Italian and translated into English. The parties agree that any dispute arising from construction of this deed shall be setti ed by using the meaning that the legal terms have in the Italian language.
17.ONLINE DISPUTE RESOLUTION POR CONSUMERS
European consumers who purchase through our Internet site or online with our company are hereby notified that ali disputes related to and/ or arising from the contracts for the sale of goods and services entered into with our company may be settled out of court using the alternative online dispute resolution systems (ODR) as envisaged in the link: http://ec.europa.eu/consumers/odr/.
Turning to these systems, which is an opti on for the consumer, may lead to resolution of disputes and the avoidance of legai proceedings.
We inform that the ODR contact point in Italy is performed by the Italy Consumer European Center (ECC-NET https://www.ecc-netitalia.it/it/).
Our company is ready to answer to any question sent by email to the email address published in the “contacts” section (info@begprojects.com).