Terms and Conditions
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GENERAL CONDITIONS OF ONLINE SALES (SITE: www.amandabaldan.com)
1.1 These general conditions of on-line sales (henceforth “GCS”) govern the contract (henceforth the “CONTRACT”) for the sale of products (henceforth the “PRODUCT” or “PRODUCTS”) offered by B&M Srl Marketing Nel Benessere with offices in Via Leonardo Bruni n. 25, 20158 Milan, Tax Code 03382350266 – VAT No. 03247930278, listed in the business register of Milan No.1780714 (henceforth “B&M”) through its Internet site www.amandabaldan.com (henceforth the “SITE”) to users of the SITE (henceforth the “CLIENTS” or the “CLIENT”).
2. EFFECT AND MODIFICATION OF THE GCS
2.1 The GCS applicable to the sale of PRODUCTS are those published on the SITE at the date of the order relative to the PRODUCTS. The CLIENT, therefore, must verify the GCS applicable at the time of purchase.
2.2 Pre-contractual information for the consumer – art. 49 of Italian Leg. Decree 206/2005 The CLIENT before the conclusion of the purchase contract, takes note of the characteristics of the products that are illustrated in the single product sheets at the time of the selection.
Before the conclusion of the purchase contract and before the confirmation of the order with the “obligation for payment”, the CLIENT is informed with respect to:
– the total price of the products goods including taxes, with details of the cost of delivery and every other cost;
– terms of payment;
– the time schedule within which B&M agrees to deliver the merchandise;
– conditions, terms and the procedures to exercise the right of withdrawal (Art. 8 of these conditions)
– information that the CLIENT must bear the cost of the return of products in the case of withdrawal;
– existence of the legal warranty of conformity for the purchased products;
2.3 These GCS are made available to the Client for their reproduction and conservation pursuant to Art. 12 of the Italian Legislative Decree No. 70 of 9 April 2003, and are those applied by B&M for the purchase by Clients of the Products supplied by this last and are considered an integral and substantial part of the confirmation of the order made available by B&M, having the same negotiated content between the parties.
2.4 These GCS are considered read, accepted, approved and understood by the Client with the transmission of the purchase order inserted in the SITE; therefore the dispatch of the purchase order cannot occur without the complete awareness of these GCS by the Client, via reading and approval of the same.
2.5 Certain sales campaigns, based on the specific nature of the products, can be subjected to particular conditions of sale in addition to these GCS.
These special conditions will always be included and accessible in the “description” section of the showcase through the relevant link. The Client must necessarily accept the special conditions of these specific sales campaigns at the moment of purchase of the product, in addition to the GCS.
2.6 The CONTRACT is regulated in each aspect exclusively by the GCS that are applicable from time to time.
3. SALES PROCEDURE
3.1 The offer of the PRODUCTS presented on the SITE is subjected to their effective availability.
3.2 The CLIENT who intends to proceed with the purchase of PRODUCTS must manifest this desire via a request made directly on the SITE in the special dedicated section, where, by following the indicated procedures, the purchase order will be sent with obligation for payment and payment will be made. The data communicated for payment will be communicated and processed by B&M. The technical phases to be executed for the conclusion of the Contract are as follows:
a) the CLIENT must register on the SITE, communicating an email address and a password that will become the credentials for access to the SITE.
b) the registered CLIENT can access the on-line “showcase”, to view and find out about PRODUCT offers, the duration of the offer, including the essential features of the PRODUCT and the price. The CLIENT can also view photographs of the PRODUCT, published for the purpose of illustrating the PRODUCT itself.
c) within the “showcase” section the CLIENT can choose the PRODUCT for purchase that will be automatically placed in the “cart” where the delivery cost and estimated delivery times can be seen before purchase.
3.3 Means of payment. Payment for the order must be undertaken at the moment the order is sent to B&M. The payment must occur on-line with Credit Card or PayPal, following the indications listed in the Site itself. To confirm the order, the CLIENT, in the “cart” section, must insert the delivery address, his/her information including tax code and any other data useful for payment, including credit card number and details of the PayPal account. This data can be changed up until the final dispatch of the order that occurs by clicking on the “buy” button.
3.4 The Client declares that he/she is of legal age and have the legal capacity to proceed with purchase as pursuant to these GCS and that all the data communicated to B&M, with no exception, are true and correct.
3.5 The CONTRACT is finalized at the moment of delivery of the payment to B&M. Once B&M has received the payment, the company will send an email to the CLIENT for confirmation of the order. This Confirmation lists the chosen Products and the relative Prices (including Delivery costs), the address for delivery, the order number and the General Conditions of Sale. The CONTRACT will be considered to be rescinded if the PRODUCT is not available, pursuant to the provisions of Art. 4.3.
3.6 In the case of multiple orders, there will be as many contracts as PRODUCTS ordered. The validity of each contract is subordinated to the effective availability of the PRODUCT, as per the provisions of Art. 3.3 and Art. 4.3.
3.7 The essential characteristics of the PRODUCTS, including the duration of the offer, the VAT prices including delivery costs, can be viewed and acknowledged by the CLIENT prior to the finalization of the CONTRACT and the execution of payment. In particular, the essential characteristics of the PRODUCTS can be viewed by entering the special section of the SITE called “showcase” where B&M will possibly publish a description of the PRODUCT characteristics and photographs for the sole and unique purpose of representing the PRODUCT.
3.8 B&M will not apply any rate nor impose any cost for access to the SITE. The expenses sustained by the CLIENT are exclusively those of Internet navigation, as agreed between the CLIENT and the Internet Provider, with B&M completely extraneous to this relationship.
3.9 Once the purchase order has been received, B&M will transmit the order receipt to the CLIENT, in Italian, containing a summary of the information on the sale and proceed to execute the sales order, with the exception of the provisions of Art. 4.1 to follow.
4. RIGHTS AND OBLIGATIONS OF B&M SRL MARKETING NEL BENESSERE
4.1 Delivery of PRODUCTS: B&M, with the exception of the provisions of Art. 4.3, will delivery the PRODUCTS to the address communicated by the CLIENT in the sales order, via the vehicle carrier used for their transportation. B&M will not be held responsible for errors in delivery caused by inexact or incomplete compilation of the purchase order by the CLIENT.
4.2 The delivery of the PRODUCTS will occur within 72 hours and in any case within 7 days of the order. The delivery costs are normally at the CLIENT’s expense and are equal to € 15.00 for shipments within Europe and € 55.00 for shipments to North America and Canada (taxes and customs duties excluded).
4.3 Unavailability of PRODUCTS: The availability of the products refers to effective availability at the moment in which the CLIENT makes the order. In any case this availability is to be considered purely indicative, as due to the contemporary presence on the site of a number of users, the products can be sold to other CLIENTS before confirmation of the order. B&M will communicate to the CLIENT via the email associated with the profile and within 20 days of purchase, any unavailability of one of more purchased PRODUCTS. In this case, the CONTRACT will be rescinded and B&M will reimburse (on the payment card or to the PayPal account indicated for purchase) the price and the delivery costs (where the purchase was only for the PRODUCT not available or, in the case of multiple orders, limited to the delivery costs specifically for the PRODUCT not available).
In the case of multiple orders, the unavailability of one or more of the PRODUCTS ordered does not give the CLIENT the right to cancellation of the totality of the order.
4.4 Special offers: B&M will develop promotional campaigns over defined time periods to encourage the registration of new Clients in its service. B&M reserves the right to interpret the conditions of application of promotions, extend them by communicating in the means and times required, or exclude any participant in the promotions in the case of anomalies, abuse or behavior that is considered unethical.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1 The CLIENT is solely responsible for the truthfulness and correctness of the information and data provided to B&M and requested via the SITE and will communicate any variation of the data in a timely fashion.
5.2 The CLIENT, when confirming the purchase order, declares:
a) to have read, understand and accepted the GCS;
b) to authorize B&M to process personal data communicated at the moment of purchase, and to transmit to B&M (according to the provisions of Art. 3) the personal data required for the payment procedure as per the indicated means.
5.3 Delivery of PRODUCTS: At the time of delivery of the PRODUCTS to the CLIENT via the carrier commissioned for their transport, the CLIENT must control in the presence of the carrier:
a) that the quantity and type of the PRODUCTS ordered correspond to that indicated in the transport document;
b) that the packaging used for transport is integral, not damaged, wet or altered, including the sealing materials;
c) that the quantity and type of PRODUCTS delivered correspond to the order. Any anomalies or deformities must be immediately notified to the carrier at the time of receipt of the PRODUCTS, noting the same on the delivery note.
5.4 Assistance: For assistance or complaints concerning the PRODUCTS the CLIENT must contact B&M at the addresses indicated in section 11 of the GCS.
B&M does not assume any responsibility for disservice resulting from act of God or act of providence, including that related to malfunctioning or disservice of the Internet, if it is prevented from completing the order as per the contract times.
7.1 Warranty: B&M will offer, for its PRODUCTS, the legal warranty of conformity with the conditions and the terms of Art. 128 and modifications of the Italian Legislative Decree No. 206 of 2005. In particular, if there are defects in conformity, the CLIENT has the right to the restitution of the price and delivery costs.
7.2 The rights under the legal warranty of conformity can be exercised on the condition that the PRODUCTS are used correctly, with the correct diligence and with respect to the destination of use and that stipulated in the included instructions, as well as exhibition by the CLIENT of the delivery note and indication of the order number. The expenses relative to the return of the PRODUCTS under the warranty shall be borne by B&M.
7.3 The legal warranty of conformity is only applied to defects not derived from normal use of the PRODUCT.
8. RIGHT OF WITHDRAWAL
8.1 If the PRODUCT has been delivered in a defective and non conforming state, the CLIENT is required to return it to B&M. To this end:
a) the substantial integrity of the PRODUCT for return is an essential condition for the exercise of the right of withdrawal. Damaged returned goods will not be accepted, but only those maintained in an excellent state of conservation;
b) the delivery costs for returned products to B&M are at the expense of the CLIENT, who must send the PRODUCT duly packed and packaged; the CLIENT must include a copy of the delivery document inside the package.
8.2 Pursuant to the legal dispositions in force, the CLIENT has the right to cancel purchase without any penalty and without specifying the reason, within 14 days of the date of receipt of the products. The CLIENT who wishes to exercise the right of withdrawal must communicate the same to B&M sending an explicit declaration of this intent or using the withdrawal form (click here to download the withdrawal form) already prepared by B&M, that can be sent to B&M S.r.l. c/o executive offices Via delle Scienze, 2 – 45030 S.M. Maddalena, Occhiobello (RO) or, alternatively, the above-mentioned declaration/form can be sent via email to email@example.com via the site.
When exercising the right of withdrawal, the CLIENT must return the products within 14 days of the communication to B&M pursuant to Art. 57 of the Italian Legislative Decree No. 206 of 2005.
The goods must be sent to B&M S.r.l. at B&M S.r.l. Via delle Scienze, 2 – 45030 S.M. Maddalena, Occhiobello (RO).
The direct costs of the return of the products are to be borne by the CLIENT.
The goods must be returned in an integral state, in the original packaging, complete in all parts (including packaging, documentation and accessories) and complete with the fiscal documentation.
With exception to the right to verify conformity with the above, B&M will reimburse the cost of the returned products within a maximum of 14 days, including delivery costs.
Pursuant to Art. 56, Section 3 of the Italian Legislative Decree No. 206 of 2005, modified by Italian Legislative Decree No. 21 of 2014, B&M can suspend the reimbursement up until the receipt of the products or the demonstration by the CLIENT of having sent the products to B&M.
If the right of withdrawal is exercised without respecting the above provisions (e.g. more than 14 days as stipulated by the law), B&M will send the purchased products again and debit further delivery expenses.
8.3 The visualization of the reimbursement of the return on the account or credit card or PayPal account of the Client depends on the credit card and the Client’s bank.
9. USE OF SITE
9.1 Description and display of PRODUCTS: The descriptions of the PRODUCTS and the images on the SITE are equivalent to those made available by B&M. The photographs and the videos of the PRODUCTS accompanying the descriptive information are published on the SITE for descriptive purposes, the quality of the images (e.g. in terms of exact visualization of the colours) can depend on the software and the information tools used by the CLIENT at the time of connection to the SITE.
9.2 Malfunctions: B&M does not assume any responsibility for problems caused to the CLIENT by the use of the SITE and the technology involved as this does not depend on its will. These problems may include, by way of example only:
a) errors, delays or impossibility to access the SITE by the CLIENT for the execution of the sales procedure;
b) errors, delays or impossibility in receipt, by the CLIENT, of communication effected by B&M in relation to the sale of PRODUCTS.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
10.1 B&M declares that the SITE, its presentation, as well as all the distinctive brands and signs used by B&M for the sale of PRODUCTS, are protected by intellectual and industrial property rights and so any form of reproduction, communication, distribution, publication, alteration or transformation, in any form or for any reason of the content of the SITE, the brands and the distinctive signs used by B&M (such as, by way of example only, the images, photographs, dialogs, presentations, music, sounds, videos, graphics, colours, functionality and the design of the SITE).
10.2 B&M does not assume any responsibility for the brands and other distinctive signs that appear on the PRODUCTS sold on the SITE, and with respect to which the CLIENT has no right following the conclusion of the CONTRACT.
11. PERSONAL DATA PROTECTION
B&M is the owner of the personal data collected at the time of registration on the SITE, as well as that successively communicated at the time of purchase by the CLIENT.
For information concerning the processing of personal data, please refer to the detailed informative note supplied at the time of registration on the SITE and always accessible therein, pursuant to articles 13 and 14 of the GDPR.
12.1 For any communication you can contact B&M at: firstname.lastname@example.org
12.2 The Client takes note of, accepts and gives consent for the fact that all communications, notifications, declarations, information, accounting and any documentation on the operations undertaken, relative to the purchase of the Product, will be sent to the email address indicated at the time of registration, with potential downloading of the information on durable supports in the means and within the limits stipulated on the Site. In any case, it is stipulated that the communications sent by the Client do not amend the CONTRACT that is always regulated by these GCS and, where relevant, the special conditions applicable to the sales campaign.
13. APPLICABLE LAW
13.1 The law applicable to the sale of PRODUCTS is that of Italy. In particular, the dispositions of Chapter 1 of Title III of Part III of the Consumer Code (Italian Legislative Decree No. 206 of 2005) apply.
13.2 The eventual invalidity of individual clauses of the CONTRACT and the GCS does not result in the invalidity of the complete CONTRACT and the GCS.