GENERAL SALES CONDITIONS
1.1. The company "C.B.I. Spa "(tax code / VAT: 04142380403) - with registered office in Cattolica (RN), Via Raffaello n, 3. Owner of the website www.consorziobambuitalia.it in the person of its pro tempore legal representative, deals with online sales of food and non-food products based on bamboo.
1.2. These general conditions only govern the order proposal, the order confirmation and / or the online sales contract between the company '' C.B.I. S.p.a. '' (hereinafter also referred to as the "Seller") and the purchaser (hereinafter also referred to as the "Purchaser") (the Seller and the Purchaser will subsequently be jointly referred to as the "Parties").
1.3. The following conditions therefore set up automatically and without the need to renew or otherwise confirm the reciprocal commitments, an integral and substantial part of the order proposal, of the possible acceptance of this by the Seller, as well as the sales contract, remaining understood that any derogation from what is hereby stated must be specifically agreed and approved in writing by both parties.
1.4. In the context of these conditions, the term “products” indicates the goods produced and / or marketed by the Seller subject to the single order proposal, order confirmation and / or sales contract (the "Products").
1.5. If the Purchaser is interested in buying, he is invited to carefully read these General Sales Conditions before buying the Products. By purchasing the Products, the Purchaser declares to have read and expressly to approve these General Sale Conditions. The description of the Products is shown on the technical sheet for each product published on the website www.consoziobambuitalia.it. Once the online purchase procedure has been concluded, the Purchaser will print and / or save an electronic copy and, in any case, keep these General Conditions of Sale and / or save them for any future need, in compliance with the current regulation for the e-commerce and the distance contracts contained in the consumer code D. Lgs. 206/05, as amended (Legislative Decree No. 21/2014 implementing Directive 2011/83 / EU on consumer rights).
1.6. The Seller reserves the right to modify the website, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Purchaser will be subject to the policies and terms of the General Sales Conditions that are in force at the time of the online order, and this from time to time, unless any changes to these policies and those terms are required by applicable law or competent authorities (in this case, they will also apply to orders previously made). If any provision of these conditions is held to be invalid, none or for any reason unenforceable, this condition will not however affect the validity and effectiveness of the other provisions.
1.7. By placing the purchase order in the appropriate section on the website, the Purchaser declares that the entered details correspond to their personal real details, he guarantees to be of age, to possess the necessary legal capacity and to be legally authorized to conclude purchasing contracts. By sending the purchase order, the Purchaser acknowledges having read, understood and accepted all these General Conditions of Sale. The acceptance of the purchase order by the Seller will take place by sending a message confirming the order to the e-mail address that the Purchaser must indicate during the purchase procedure, it being understood that the aforementioned means of communication has been expressly accepted by the Purchaser for the exchange of information relevant for the conclusion and execution of the sales contract.
2. TECHNICAL INFORMATION
2.1 The technical information posted on the Internet site is derived from the information published by the manufacturer of the goods included in the Seller's catalog on the website www.consoziobambuitalia.it. The Seller reserves the right to modify / adapt the technical and dimensional information of the products in the catalog, based on what will be communicated by the producers, even without any prior notice; save orders already forwarded and accepted.
2.2 The Seller's descriptions, recommendations and illustrations contained in publications such as catalogs, web site, brochure and / or other derive from the experience gained in the tests performed, are not binding and are merely indicative; therefore, the Purchaser hereby waives the right to raise exceptions and / or claims of any kind whatsoever against the Seller on the basis of such descriptions, recommendations and illustrations.
3. METHOD OF CONCLUSION OF CONTRACTS - ORDERS
3.1 The e-commerce orders can be forwarded exclusively through the website www.consoziobambuitalia.it (on line).
3.2 The Seller reserves the right to accept only orders from persons in possession of the Fiscal Code and / or VAT number (or equivalent data if not resident in Italy), who have reached the age of majority.
3.3 The Seller also reserves the right to refuse the order even in the following cases: shipping to PO Boxes; provision of non-real or incorrect personal data; previous breach of any kind against the Seller; inscription in the list of protests; subjection to insolvency proceedings; lack of availability of the goods, for whatever reason, in their own warehouses or suppliers; in any other case of incompatibility with the economic interests and the company policies of the Seller.
3.4 The price applied will be the one in force according to the Seller's price list upon receipt of the order.
3.5 The Purchaser may choose the products for sale on the e-commerce of the Seller, by selecting one of the "menu" categories. To insert one or more products in the electronic cart just select the button "Add to cart", then the general summary of the electronic cart will be displayed.The total number of products included in the cart will be updated automatically and in real time. or remove the products from the cart, or modify the selected quantities.After the selection of the desired products is completed, to continue with the purchase select the "Go to checkout" button to complete the ordering and payment procedure. the Purchaser must first accept the conditions of sale.
3.6 Following the completion of the order process, the Purchaser will receive a communication confirming that the order proposal has been included in the Seller's information system. The correct receipt of the order is communicated by the Seller through an e-mail to the address communicated by the Purchaser during registration. This message will include an identification number of the order, the date and all the data entered by the buyer who undertakes to verify the correctness and to promptly notify any discrepancies. The confirmation of the acceptance of the order or the refusal of the same (for accounting, administrative or for lack of product) comes at a later time by e-mail only after the Buyer has made the payment (according to the procedures provided for site).
3.7 At the conclusion of the contract the order will be filed on the Seller's Server. At the time of completing the first order there are mandatory fields to fill out; upon returning to our Site (as a User-Registered User) it will be sufficient to insert UserID and Password to view their data and eventually modify them.
3.8 The responsibility for the management of UserID and Password is strictly and exclusively for the Purchaser who undertakes to immediately notify the Seller of any unauthorized use and any other breach of the security rules he becomes aware of. In default the responsibility is always and only of the Purchaser. In addition, the user undertakes at the end of each session to exit from their account with the appropriate command on our Site.
4.1 All prices are VAT and other taxes, duties, taxes, etc. included and "Ex-Works" warehouse of the Seller. Therefore, from the price are excluded, as an example and not exhaustive, transport costs, packaging and insurance, any customs duties.
4.2 The Seller reserves the right to change the sales prices in the price lists published online at www.consorziobambuitalia.it. Each new price list will cancel the previous one relative to the orders received after the new price list has been issued. The price variations, in any case, do not affect orders already accepted by the Seller at the time the variation is introduced.
4.3 Shipping costs are calculated and declared for each shipment during the final phase of completing the order form. Shipping costs are charged to the Purchaser. The shipping costs, calculated on the basis of the weight and volume of the ordered products as well as the delivery times requested by the Purchaser, are visible and can be consulted according to the procedures set out in art. 4.5.
4.4 For no reason will be accepted return products or packaging or containers of the same. The cost of transport will always be at the exclusive expense of the Buyer, unless prior written authorization of the Seller. The Purchaser must, if this authorization has intervened, attach a copy of the same to the shipping documents.
4.5 4.5 The Products are shipped via BRT express courier service s.p.a..
5. AVAILABILITY OF PRODUCTS
5.1 All orders received by the Seller are subject to the availability of the ordered goods and will be processed according to availability at the time of order. The Purchaser can only purchase the products highlighted as "available" in the electronic catalog on the website at the time the order is sent, as described in the relevant information sheets.
5.3 If the order cannot be fully satisfied due to the unavailability at the moment, the Purchaser has renounced to make any claim against the Seller for any reason or cause, since the risk of unavailability accepted by the Purchaser.
6. PAYMENT TERMS AND CONDITIONS
6.1 The Purchaser may pay the amount communicated in the order confirmation exclusively through three different procedures:
- • Pay Pal or credit card; if you make payments by credit card the transaction will be automatically moved, for security reasons, on the site of the credit institution.
- • Bank transfer in advance to the bank details that will be communicated to the customer in the order confirmation accordingly to the chosen payment method. In this case, the order will be only processed after the actual crediting of the sum.
6.2 Whatever the method of payment chosen, this must be received within 5 (five) days from the order confirmation sending, after which the order will be automatically canceled. Further information and details on payment methods and conditions can be viewed and consulted on the relevant information page on the e-commerce website (see section "Payment methods").
7. SHIPPING AND DELIVERY
7.1 Delivery times agreed between the Parties are purely indicative and are never mandatory, unless otherwise agreed in writing. The Seller will deliver the purchased Products within a reasonable period of time and in any case within 5 days after the actual payment, taking into account what is necessary for the delivery itself. In no case may damages, penalties, indemnities and / or compensation be paid against the Seller as a delayed delivery.
7.2 The Purchaser authorizes the Seller to designate BRT carrier s.p.a. (the "Carrier"), giving him an express mandate to entrust him with the transport.
7.3 The obligation to supply the Products of the Seller is understood to be fulfilled by taking over the products from the Carrier or the consignee at the Seller's plant. Therefore the Products always travel at the risk of the Purchaser.
7.4 In case of theft / loss of the goods ordered by the Purchaser, no responsibility can be attributed to the Seller.
7.5 The list prices published on the site do not include transport and handling costs of the Products.
7.6 The delivery to the Purchaser, unless otherwise agreed in writing between the parties, will take place according to the needs of the carrier BRT s.p.a. indicatively during the day, from 9.00 to 18.00 every day except holidays, from Monday to Friday.
7.7 The deliveries that make essential and accessory services indispensable (ex. deliveries to the floors, both upper and lower, hydraulic tail-lift side for bulky items, etc.) must be strictly agreed upon ordering. Therefore no dispute about this will be accepted later.
7.8 Further information and details on shipping methods and conditions are visible and can be consulted according to the methods indicated in art. 4.5..
8. FORCE MAJEURE
8.1 With force majeure, the circumstances that make the execution of the obligations impossible and / or unreasonably complicated and which cannot be attributed to the Seller are indicated.
8.2 Such circumstances include, but are not limited to, strikes, fires, government measures, diseases, pests and / or defects in materials supplied to the Seller.
8.3 When such hypotheses occur, the Seller will inform the Purchaser.
8.4 In the event that these reasons persist for more than 30 days, both Parties have the right to withdraw from the contract without being able to claim anything from the other party.
9. WARRANTY - LIMITATION OF LIABILITY
9.1 The Products are shipped by the Purchaser, with shipping costs charged on the invoice, where applicable.
9.2 The risk of loss of Products for any reason is to be considered to be borne by the Purchaser from the moment in which the latter, or a third party designated and different from the carrier, enters material possession of the goods, or from delivery of the goods to the Carrier if the latter has been chosen by the purchaser.
9.3 The Purchaser is obliged to check the products purchased at the time of delivery, verifying that the package / s is intact, undamaged, not tampered with, or wet or otherwise altered, even in the sealing materials (adhesive tape or plastic straps) ) and to check the integrity of the content;
9.4 In the event that the Carrier does not allow the opening of packages, in case of damage to the packaging of the products and in the event of a mismatch in the number of packages or indications, the BRT delivery note must be signed with "reserve of control ". If the courier's document is signed without affixing any "reserve", the Purchaser cannot make any objection regarding the external characteristics of the delivered goods.
9.5 The products are considered unconditionally accepted, as seen and liked by the Purchaser, in case of non-contestation in writing - motivated by the clear identification of the defect found and accompanied by the specific probative documentation concerning the defect - sent to the Seller by registered letter with return receipt and / or via PEC at: firstname.lastname@example.org
- within 3 (three) days from receipt of the products, in case of complaints regarding the condition of the packaging, quantities, incorrect deliveries and / or external characteristics of the products (apparent defects);
- within 10 (ten) days from receipt of the Products for defects not found through a diligent control on receipt of products (hidden defects);
9.6 Beyond the indicated periods, the complaints will not be taken into consideration and the Purchaser will however intend to lose the right to propose them.
9.7 In no case shall the liability of the Seller be greater than the total value of the disputed merchandise, except in cases of willful misconduct and gross negligence.
9.8 In the event of a claim, the Vendor will proceed only and exclusively to the replacement of unused or inefficient Products for defects established and recognized by the Seller; the right of the Purchaser to request termination of the contract, compensation for damages and / or reduction of the price of the Products is in any case excluded.
9.9 Except in the case of willful misconduct and gross negligence of the Seller, it is agreed that the replacement of the Products is comprehensive and substitutive of remedies of any kind provided by law and within the limits permitted by law, excludes any other liability of the Seller however due to defects, lack of quality or non-conformity of the Products.
9.10 All faults and defects in the supply must be reported by the Purchaser to C.B.I. S.p.A. by registered letter, fax or PEC within thirty (30) days of discovery.
9.11 Without prejudice to what is absolutely required by Article 1229 of the Italian Civil Code civ. and from any other applicable law, the Seller will not be responsible for any indirect damage caused by the Products.
10. RIGHT OF WITHDRAWAL
10.1 The Purchaser, if he / she resumes the status of consumer or user pursuant to and for the effects of art. 3, co. 1, lett. a) of Legislative Decree 206 of 2005 and subsequent. mod. (Consumer Code), has the right to withdraw from the contract concluded with the Seller without any penalty, prior notice within 14 (fourteen) days from the day on which the Buyer or a third party, other than the carrier and designated by the same purchaser, acquires physical possession of the goods, through PEC at the email@example.com or by registered letter addressed to: CBI S.p.A. Via Industria 16, 61010 Tavullia (PU).
10.2 To exercise the right of withdrawal it is the Buyer's responsibility to send within 14 (fourteen) working days from the date of delivery of the Products and, in any case, before the expiration of the withdrawal period, an explicit declaration containing the decision to withdraw from the contract, which can be sent by registered post to CBI S.p.A. Via Industria 16, 61010 Tavullia (PU) and / or through PEC at the address firstname.lastname@example.org.
10.3 In case of exercising the right of withdrawal, the Buyer is obliged to return the goods to the seller or to a third party authorized by the Seller to receive the aforementioned goods, without undue delay and in any case within 14 days from the day on which he communicated to the Seller his desire to withdraw from the contract pursuant to art. 54 of Legislative Decree 206/2005.
110.4 In case of exercise of the right of withdrawal, the Seller is obliged to reimburse to the Buyer all payments received, including the delivery costs (with the exception of the additional costs deriving from the choice of a more expensive type of delivery standard delivery offered by the Seller), without undue delay and, in any case, within 14 days from the day on which it is informed of the Purchaser's decision to withdraw from the contract pursuant to art. 54 of Legislative Decree no. 206/2005. These refunds will be made using the same method of payment used by the Buyer for the initial transaction, unless otherwise indicated by the purchaser in the letter of withdrawal and in any case without any additional cost as a consequence of such reimbursement.
10.5 The Seller may withhold the reimbursement until he has received the Products or until the Buyer has provided proof that he has returned the same, depending on which situation occurs earlier.
10.6 The shipment, until receipt in our warehouse, is under the complete responsibility of the Purchaser. The Seller will not be liable for damage or theft / loss of goods returned by uninsured shipments.
10.7 The costs for the return of the Products are charged to the Purchaser.
10.8 The goods must be returned and delivered to the Seller at the following address: C.B.I. S.p.A. Via Industria 16, 61010 Tavullia (PU).
10.9 The Purchaser loses the right of termination, for lack of the essential condition of integrity of the Products (packaging and / or its content), in cases where the Seller ensures:
- the partial use of the Products and any consumables;
- the lack of the external packaging and / or the original internal packaging;
- damage to the Products for reasons other than transport.
10.10 The Purchaser loses the right of termination, even in case of supply of:
- Products that risk deteriorating or expiring rapidly;
- Sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery;
- Products that, after delivery, are, by their nature, inseparably mixed with other goods.
11. CONDITIONS OF RETURNS AND MODALITIES
11.1 The return of the Products must be accompanied by the completion by the Buyer of an appropriate e-mail request that will inform the Seller on the methods of return, to be sent to email@example.com
11.2 Return requests must be received in writing within 14 days of receipt of the Products.
11.3 The Products must be returned to the Seller, within the terms and conditions indicated by delivery to the carrier within the fifteenth day of receipt.
11.4 The Products must be sent in the original packaging and in any case must be salable: if not, we reserve the right to return the goods to the Purchaser with the charge of reimbursement expenses, suspending the replacement or partial accreditation; however we will charge the costs incurred by us for the restoration of the material.
11.5 The cost of transport will be borne by the Seller in the event that the error is attributable to it, and in all other cases will be borne by the Buyer.
11.6 More information and details on shipping methods and conditions are visible and available on the relevant information page on the e-commerce site (see section "Shipping methods and costs").
Any errors in shipping or lack of material must be reported in writing, according to the procedures and terms indicated in point 11.
13. TREATMENT OF PERSONAL DATA:
13.1 Pursuant to art. 13 of Legislative Decree n. 196 of 2003, the data supplied by you during the registration phase to our site will be processed in order to complete the shipping and billing operations of your order and for sending advertising information about the seller.
Failure to provide such data will not make it possible to process your order.
16.1 These General Terms and Conditions of Sale of Products are governed by the Italian law, as the application of the Vienna Convention on the international sale of movable property is excluded.
16.2 If the Purchaser does not hold the status of consumer or user pursuant to and for the purposes of art. 3, co. 1, lett. a) of Legislative Decree 6 September 2005, n. 206 ss. mm. ii. (Consumer Code), for any dispute concerning the interpretation, application and execution of these General Conditions of Sale, the Court of Forlì will have exclusive jurisdiction, with the exclusion of any other competitive forum. In the event that the Purchaser resumes the status of consumer or user pursuant to and by effect of art. 3, co. 1, lett. a) of Legislative Decree 6 September 2005, n. 206 ss. mm. ii. (Consumer Code), for any disputes between the Purchaser and the Seller, referred to both these General Conditions and to any contract concluded between them, the Court of residence or domicile of the Purchaser will be competent.