Terms of service
Introduction
This information is provided for the site "www.bennuofficial.it"(Site) owned by Chiuppesi Niccolò (P.Iva 01528330523 - Iscr. REA 2611585 Milano) with head office in via Tortona, 18 - 20144 Milano (Vendor).
Art. 1. Scope of application
1.1 Any sale on the Site is a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment they are published on the Site. You are therefore invited to regularly access the Site and to consult the most updated version of the General Conditions of Sale before making any purchase.
1.4 The General Conditions of Sale applicable are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Seller who may be present on the Site through links, banners or other hypertextual links. Before carrying out commercial transactions with such subjects, it is necessary to verify their conditions of sale. The Seller is not responsible for the supply of services and/or the sale of products by such subjects. The Seller does not control and/or monitor the websites that can be consulted through these links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of law on their part.
1.6 You must carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.
1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchasing on the Site
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can take place after registration at the Site;
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is allowed to users who have the quality of consumers. To the senses of the art. 3, I codicil, lett. a) of the Code of the Consumption it remembers that covers the quality of consumer the physical person who acts for extraneous purposes to the entrepreneurial, commercial, professional or handicraft activity eventually carried out.
2.2 Under no circumstances may retailers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale, make purchases on the Site. It is therefore forbidden for such persons to make purchases on the Site.
2.3 In the case of orders, from whomever they come from, that result anomalous in relation to the quantity and/or frequency of the purchases, the Seller reserves the right to undertake all the necessary actions to put an end to the irregularities.
2.4 The Seller reserves the right to refuse or cancel orders that come from:
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by a user with whom the Seller is in legal dispute;
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by a user who has previously violated the General Conditions of Sale;
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by a user who has been involved in crimes
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by a user who has provided false, incomplete or inexact identification data or who has not promptly sent the Seller the documents requested by the same or who has sent invalid documents.
Art. 3. Site Registration
3.1 In order to register on the Site, you must fill out the appropriate form, entering the following data:
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Email Address
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Name and Surname
3.2 You agree to notify Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
3.3 The user registered to the Site guarantees that the personal information provided by him is complete and true and agrees to hold the Seller harmless and indemnified from any damages, compensation obligations and / or penalties arising from and / or in any way related to the violation by the user of the rules on registration to the Site or storage of registration credentials and / or the provision of personal data false, incomplete or otherwise inaccurate, without prejudice to the right of the Seller to proceed to disable the user's account.
Art.4. Information directed to the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, the Seller informs you that:
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to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site;
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the contract is concluded when the order form reaches the Seller's server;
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once the order form has been received, the Seller will send you a confirmation of the order to the e-mail address indicated:
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information relating to the characteristics of the purchase;
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the indication of the price;
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the indication of the means of payment used;
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the indication of delivery costs;
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an indication of the delivery costs and any additional costs.
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Art. 5. Information sheet
5.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers you use to view them. In addition, the Product images on the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and within the tolerances of use.
Art. 6. Prices
6.1 All prices of Products published on the Site are inclusive of Value Added Tax.
6.2 The Seller reserves the right to change the price of the Products, at any time, without notice, provided that the price charged to you will be that indicated on the Site at the time the order is placed and that no account will be taken of any variations (upwards or downwards) subsequent to the transmission of the order.
6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to the transmission of the same.
Art. 7. Purchase Orders
7.1 Seller will not dispatch Products until it has received confirmation that payment has been authorised or the Total Amount Due has been credited to it. Title to the Products will pass to you on dispatch, which shall be deemed to be the time when the Product is handed over to the carrier. Risk of loss of or damage to Products not caused by Seller shall pass to you when you or a third party appointed by you other than the carrier take physical possession of the Products.
The Service you have chosen will be provided only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is determined that you have not paid all or part of the Total Amount Due.
7.2 The purchase contract is resolutively conditional on non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order will be cancelled accordingly.
Art. 8. Payment method
8.1 The following payment methods are allowed on the Site:
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Debit Card
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Credit Card
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PayPal
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Clearpay
8.2 The Seller accepts the credit cards of the circuits:
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VISA
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MasterCard (Circus Maestro)
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American Express
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Apple Pay
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Shop Pay
They are, in any case, indicated on the page of each check-out made on the Site.
On the Site, you will have the opportunity to authorize the storage of the payment card information you have entered and its reuse for payment of subsequent purchases on the Site. You may revoke the authorization to reuse the payment card data for subsequent purchases by following the instructions on the Site.
The charge will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued a debit authorization.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time the order is transmitted.
8.3 On the Site you can make purchases through the payment solution PayPal. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to that account.
In case of payment through PayPal, the Total Amount Due will be debited by PayPal at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to you will be credited to your PayPal account. The timing of crediting to the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once the crediting order in favor of such account has been placed, the Seller cannot be held responsible for any delays or omissions in the crediting of the refund amount, to dispute which you must contact PayPal directly. Any refund to be made pursuant to these General Conditions of Sale shall be credited to your PayPal account.
Art. 9. Withdrawal
9.1 If you are a consumer, you have the right to withdraw from the contract for the purchase of the Product without having to provide any reasons and without having to incur costs other than those provided for in this article within a period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
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in the case of an order for a single Product, from the day on which you or a third party other than the carrier and designated by you takes physical possession of the Products;
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in the case of a Multiple Order with separate deliveries, from the day on which You or a third party other than the carrier and designated by You acquires physical possession of the last Product;
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nel caso di un ordine relativo alla consegna di un Prodotto consistente di lotti o pezzi multipli, dal giorno in cui Lei o un terzo, diverso dal vettore e designato da Lei, acquisisce il possesso fisico dell’ultimo lotto o pezzo.
9.2 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.
9.3 You have exercised your right of withdrawal within the Withdrawal Period if notice of the exercise of your right of withdrawal is sent by you before the expiration of the Withdrawal Period. This notice must be sent in at least one of the following ways:
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Email: info@bennuofficial.it
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Tramite la sezione del sito: Contacts
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is on you, it is in your interest to use a durable medium when notifying the Seller of your withdrawal.
9.4 If you exercise your right of withdrawal, using a carrier of your choice and at your own expense, without undue delay and in any event within a period of 14 calendar days from the date on which you notified the Seller of your decision to withdraw (Returns Period). The Returns Period is met if you return the Products before the end of the fourteen day period. The Product, properly protected and packaged and, if possible, in its original packaging (original packaging is always required if the serial numbers of the products are printed on it), must be returned to the following address:
BENNU @Niccolò Chiuppesi - Via Tortona 18, 20144 Milano (MI) - Italy
9.5 You will be responsible for the direct costs of returning the Products and for the transportation of the Products.
9.6 If you withdraw from the contract, the Seller will proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. If you have returned the Products using a carrier of your choice and at your expense, Seller may suspend the refund until receipt of the Products or until you have provided us with evidence that you have returned the Products, whichever is earlier.
9.7 You shall be liable only for any diminution in the value of the goods resulting from any handling of the Product other than what is necessary to establish the nature, characteristics and operation of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all the accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and without signs of wear or dirt. Moreover, the withdrawal is applied to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
9.8 In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not give any right to a refund. The Seller will notify the user upon receipt of the Product, rejecting the request for withdrawal. The Product will remain at the Seller at your disposal for collection, which must be done at your expense and under your responsibility.
9.9 In the event that, one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice on the Site.
9.10 In case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to you will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed an order for a total of 200.00 Euro, which includes two Products, the first of a value of 50.00 Euro and the second of a value of 150.00 Euro, and you return the Product of a value of 150.00 Euro, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be refunded will never exceed the amount actually paid.
Art. 10. Legal Warranty
All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Warranty is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to their business, commercial, craft or professional activity.
When applying
The Seller shall be liable to the consumer for any lack of conformity of the Product that becomes apparent within two years from such delivery. The conformity defect must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless there is proof to the contrary, it is assumed that the lack of conformity which appears within six months from the delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be up to the consumer to prove that the conformity defect already existed at the time of the delivery of the same.
In order to take advantage of the Legal Warranty, the consumer must therefore first of all provide proof of the date of purchase and delivery of the goods. E 'should, therefore, that the consumer, for the purposes of this evidence, keep the purchase invoice or any other document that can attest to the date of execution of the purchase (for example, the statement of payment card) and the date of delivery.
In case of termination of the contract, the Seller will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional cost. In case of price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller shall not be liable for damages, of any nature whatsoever, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer, as well as for damages deriving from unforeseeable circumstances or force majeure.
Art. 11. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
11.1 Purchase contracts concluded through the Site are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions of the law of the country in which they have their habitual residence.
11.2 Please note that in the case of consumer users, for any dispute relating to the application, execution and interpretation of this document, the competent court is the place where the user resides or has elected domicile.
11.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who has the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumers' Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in art. 141-bis and subsequent articles of the Consumers' Code), specifying whether or not he/she intends to make use of such bodies to resolve the dispute itself.
11.4 The Seller also informs users who qualify as consumers pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been set up for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and initiate a procedure for online resolution of the dispute in which he is involved.
11.5 In any case, the right of the consumer user to refer the dispute arising from these General Conditions of Sale to the competent ordinary judge, whatever the outcome of the procedure for out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, is not affected.
11.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) No 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
Art. 12. Customer service and complaints
You may request information, send communications, request assistance, or file complaints by contacting the Seller in the following ways:
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Email: info@bennuofficial.it