Store
Policy
Privacy & Safety
Effective from 12/10/2020
1. Name of the sites, company data of the seller and ownership of the domain name
1.1 The sites www.berignano.it, www.berignano.com, www.berig.it, www.berigstore.it, www.berig.com ("Sites") are the information and e-commerce sites of the company Berignano Srl, with registered office in 53037 San Gimignano (SI), Via Berignano 9, share capital of € 10,400.00 fully paid-up, registered in the Business Register of Siena, with registration number, VAT number and Tax Code 01303340523.
1.2 The Sites are owned by Berignano Srl, which is also the owner of the domain name.
2. Identification of the seller; use of the trademark and / or surname "Berignano" "Berig" "Maestri di Mare"
2.1 The products marketed and / or purchased on the sites ("Products") are offered and sold by Berignano Srl, as better identified in art. 1.1 ("Berignano").
2.2 Berignano is, therefore, the only counterparty of the user who intends to purchase one or more products through the Sites and is therefore (i) the subject to whom the user directs his order, in order to accept the offer and conclude the sales contract; (ii) the person who assumes the pre-contractual obligations deriving from the offer towards the user; (iii) the person who concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Sites is therefore concluded between the user and Berignano.
2.3 On the Sites and in communications with customers relating to the Sites, Berignano acts under the banner and / or with the use of the surname "Berignano" "Berig" "Maestri di Mare". Therefore, when the expression and / or sign "Berignano" "Berig" "Maestri di Mare" is used on the Sites and / or in communications with customers relating to the Sites, or the first person plural is used, the reference is to be be understood, in addition to the Sites, also to Berignano Srl.
3. Scope of application of the GCS
3.1 These General Conditions of Sale ("GCS") govern the offer and sale of products through the Sites by Berignano, as well as the provision of the registration service to the Sites and the services connected to the performance of the prize operation called “Berig Club”, promoted by Berignano and governed by the relative regulations as published in the specific section of the Sites.
3.2 The GCS are made available to the user through the section of the Sites "General Conditions of Sale", which can be reached via the link of the same name in the footer of the Sites. The user is allowed to store and reproduce them.
3.3 The applicable GCS are those in force on the date of transmission of the purchase order. Before proceeding with the transmission of the order and, therefore, at the conclusion of the purchase contract, the user is required to carefully read all the information that Berignano provides him through the Sites, both before and during the purchase procedure, and to examine and approve these GCS, by selecting the appropriate box made available to the user during the purchase procedure and before the conclusion of the relative contract.
3.4 These GCS can be modified at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Sites in the "General Conditions of Sale" section which can be reached via the link of the same name in the footer of the Sites. Users are therefore invited to access the Sites regularly and consult , before making any purchase, the most up-to-date version of the General Conditions of Sale.
3.5 These General Conditions of Sale do not regulate the sale of products by parties other than Berignano who may be present on the Sites through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. Berignano is not responsible for the provision of services and / or for the sale of products by such subjects. On the websites that can be consulted through these links, Berignano does not carry out any checks and / or monitoring. Berignano is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
4. Purchases on the Sites
4.1 The offer and sale of products through the Sites constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
4.2 The purchase of products through the Sites can only take place after registering with the Sites, in the manner set out in art. 5 below, and is allowed both to users who hold the quality of consumers and to users who do not have this quality, whether they are natural or legal persons, companies and / or entities of any kind. Individuals are allowed to purchase only on condition that they are at least eighteen years old. Under no circumstances may resellers or wholesalers or, in general, all persons who intend to purchase the Products for the purpose of subsequent resale, make purchases on the Sites.
4.3 Please note that, pursuant to art. 3, I comma, lett. a) of the Consumer Code, natural persons who, in relation to the purchase of products through the Sites, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity performed as consumers.
4.4 In the case of orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made or which are made by retailers, wholesalers or in any case for the purpose of subsequent resale, Berignano reserves the right to undertake all the actions necessary to stop the irregularities, including the suspension of access to the Sites, the cancellation of the registration, or the non-acceptance or cancellation of irregular orders.
4.5 Berignano finally reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these GCS and / or the conditions and / or terms of the purchase contract; (ii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who, in the context of the procedure referred to in Articles 11.3 and 11.4 below, have not promptly sent Berignano the documents requested by the same or have sent invalid documents; (v) by a user who has violated the provisions of art. 5.3 below.
5. Registration on the Sites
5.1 Registration on the Sites is free. To register on the Sites, the user must fill in the appropriate form, entering name, surname, an e-mail address, a password and, if desired, their date of birth and gender, and click on the "Create Account ". Registration will be confirmed to the user via a specific e-mail.
5.2 Registration on the Sites, by opening a personal account called "My Account" ("Account"), allows the registered user, among other things, to:
- manage their personal data and update them at any time;
- save and modify their addresses;
- access all information relating to orders and any returns;
- access after-sales assistance services.
5.3 Each user can take advantage of a single registration to the Sites. It is therefore forbidden for the user to create multiple accounts referable to the same person, natural or legal, to companies and / or entities of any type, including through the use of data corresponding to the truth. . The user is also prohibited from entering, for the purposes of registering on the Sites, personal data of third parties and / or false and / or invented and / or fictional and / or, in any way, not corresponding to the truth. In case of violation of these prohibitions, without prejudice to the provisions of art. 4.5 above, Berignano reserves the right to close all accounts referable to the same person, natural or legal, to the same company and / or to the same entity.
5.4 The registration credentials (e-mail address and password) allow the user to make purchases on the Sites and to carry out, among others, the activities referred to in art. 5.2 above and pursuant to art. 5.bis.2 below. They must, therefore, be stored with extreme care and attention. Furthermore, they can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third parties have access to them. He also undertakes to inform Berignano immediately, by contacting her at the addresses indicated in art. 16 below, in the event that you suspect or become aware of an improper use or undue disclosure of the same.
5.5 The user guarantees that the personal data provided to Berignano during the registration procedure and / or during the purchase and / or at any other time, are complete, truthful and referred to the user himself and undertakes to keep Berignano harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the guarantees referred to in this art. 5 and / or the violation of the rules on the registration to the Sites, the purchase on the Sites and / or the conservation of the registration credentials.
5-bis. Participation in the "Berig Club" prize operation
5-bis.1 Berignano is the promoter of the prize operation called "Berigo Club" ("Club" or "Operation"), with duration, except for extensions, from 1 January 2022 to 31 December 2022, as governed by the relative regulations ("Operation Rules" or "Rules") which can be consulted through the appropriate section of the Sites and by clicking here . The Operation is aimed at all final consumers who have purchased, through the “Berignano” Sites, the products indicated in the Regulations. To take part in the Operation, prior registration on the Sites is required, in accordance with the procedures set out in art. 5 above. Participation in the Operation takes place, therefore, by registering with the sites ("Membership in the Club"), which in turn entails Membership in the Club. Registration on the sites and Membership in the Club, therefore, coincide . Users already registered on the Sites at the start date of the Operation will be able to participate in the same, using their registration credentials.
5-bis.2 Membership of the Club allows the registered user, after logging in, to carry out the following activities through the areas of the specially dedicated sites, called "Berig Club" and "My reviews":
- participate in the Operation and / or prize competitions, from time to time, possibly organized by Berignano ("Competitions"), carrying out the activities necessary for this purpose (eg: entering the code of the product purchased for the purpose of assigning points, in the case of the Operation, or for the purposes of participating in an instant win, in the case of any active Competitions; issue of a review for the purpose of assigning points within the Operation, etc.);
- request the prizes accrued as part of the Operation or won as part of any Competitions;
- view the vouchers obtained as a reward as part of the Transaction and their expiry date;
- view the code associated with the purchase voucher obtained as a reward as part of the Operation, to be entered, for the purpose of its use, in the "Promotional Code" field of the cart ("Purchase Code");
- copy the Purchase Code so that it can be pasted into the cart for its use;
- view the points balance of the Operation and the history of participation in the Operation and / or any Contests (ie codes entered or played; points awarded; purchase vouchers required; purchase vouchers used; instant win if any; reviews released);
- consult the list of products involved in the Transaction;
- view the active competitions;
- consult the FAQ on the Club;
- consult the Regulations of the Operation and of any Competitions active from time to time.
5 bis.3 The mechanics of participation in the Transaction are governed by the Regulations to which reference is made in full. The mechanics of participation in any competitions will be governed by the relative regulations to which reference must therefore be made for the relative discipline.
6. Information aimed at concluding the online contract
6.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Berignano informs the user that: (I) to conclude the purchase contract for one or more Products on the Sites, the user, after logging in or registering on the sites, must fill in a form order in electronic format and transmit it to Berignano, electronically, following the instructions that will appear from time to time on the Sites; (II) the contract is concluded when the order form reaches the server Berignano uses; (III) before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions on the Sites; (IV) once the order form has been registered, Berignano will send the user, to the e-mail address indicated, the order confirmation containing: a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the purchased product, the detailed indication of the price, the means of payment used, the delivery costs, where applicable, and any additional costs as well as information on the right of withdrawal; the order confirmation will be accompanied, in pdf format, by the GCS applicable to the order as well as the standard instructions on withdrawal and the standard withdrawal form pursuant to art. 13 which follows;
(V) the order form will be filed in the Berignano database for the time necessary to execute it and, in any case, in accordance with the law. The essential elements of the order form will be reported in the order confirmation. The registered user will be able to access their order by consulting the "Orders" section of the Account.
6.2 The language available to users for the conclusion of the contract is Italian. Customer Service is able to communicate with users in Italian and English.
7. Product Availability
7.1 The Products that can be purchased through the Sites are the items in the electronic catalog published on the Sites, which can be viewed at the time the order is placed. The Products offered for sale through the Sites mainly belong to the following product categories: cosmetics, decorative objects and fragrances for environments and the like.
7.2 Each Product is accompanied by an information page that illustrates its main characteristics ("Product Sheet"). Inside the Product Sheet there will be information relating to the availability of the Product. The availability of the Products is continuously monitored and updated. However, since the Sites can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be, for a short period of time, available, being, however, sold out or not immediately available and it being necessary for the same to wait for restocking.
7.3 If the Product is no longer available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the code civil, Berignano will immediately notify the user by e-mail ("Unavailability Notice E-mail"). The user can therefore immediately terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code, without prejudice to your right to compensation for damage or, alternatively and without prejudice to this right, accept one of the following proposals:
(i) if a restocking of the Product is possible, an extension of the delivery terms, with indication by Berignano of the new delivery term of the restocked Product;
(ii) if it is not possible to re-stock the Product, the cancellation of the order together with a voucher of € 20.00 to be spent on the Sites in the three months following its delivery.
The Unavailability Notice e-mail will also contain an indication of the various choice options available to the user. The user's choice must be communicated to Berignano by e-mail, to the addresses referred to in art. 16 that follows, within the term agreed with the user from time to time, which, in any case, cannot be more than 10 calendar days from the sending of the order. The purchase voucher referred to in art. 7.3 above will also be recognized if the user proceeds directly to terminate the contract, exercising the right attributed to him by law.
7.4 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or accept the proposal referred to in art. 7.3 (ii) above or, finally, in the event that the user, warned of the unexpected unavailability and of the different choice options, pursuant to art. 7.3 above, do not communicate any choice to Berignano within the agreed term, the contract is terminated, without prejudice to the rights attributed to the user by law. Berignano, without prejudice to the user's right to compensation for damage, will reimburse the total amount, consisting of the price of the Product, the delivery costs, if applied, and any other additional cost, as resulting from the order ( "Total Amount Due"), if already paid by the user, without undue delay and, in any case, within 15 working days from sending the order. The refund of the Total Amount Due, if already paid, will be made as follows: (i) in the case of payment by credit card, the refund amount will be credited to the same payment method used by the user for the 'purchase; (ii) in the case of payment by PayPal, Amazon Pay or Satispay, the refund amount will be credited to the PayPal account or, respectively, to the user's Satispay account or Amazon account, as better detailed in articles. 11.8, 11.13 and 11.15 below; (iii) in the case of Payment by means of a Club Purchase Voucher, as regulated in art. 11.9 below, the reimbursement will take place by issuing a purchase voucher, to be spent on the Sites within three months following its disbursement, of a value equal to the reimbursement amount; (iv) in the case of Mixed Payment, as regulated in art. 11.10 below, the reimbursement will take place, for the portion paid by the user through a Club Purchase Voucher, by issuing a purchase voucher, to be spent on the Sites within three months following its disbursement, of a value equal to this portion and, for the part paid by the user by credit card or by PayPal or Satispay or Amazon Pay, by crediting an amount equal to this portion to the PayPalo account, respectively, to the user's Satispay account or to the user's Amazon Pay account, as best detailed in Articles 11.8, 11.13 and 11.15 below. The termination of the contract and the amount of the refund will be communicated to the user by e-mail.
7.5 In the case of orders relating to a plurality of Products ("Multiple Order"), if the unavailability concerns only some of the Products covered by the Multiple Order - without prejudice to the rights attributed to the user by law, and, in particular, from Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of articles 7.3 and 7.4 above, if the unavailability concerns all the Products object of the order - Berignano will immediately notify the user by e-mail. ("Unavailability Notification E-mail"). The user can therefore immediately terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code, without prejudice to your right to compensation for damage or, alternatively and without prejudice to this right, accept one of the following proposals:
(i) if it is possible to re-stock the Products covered by the Multiple Order that have become unavailable, an extension of the delivery terms for all the Products (including those available), with indication of the new delivery deadline for the same;
(ii) if it is not possible to restock the Products that have become unavailable, the cancellation of the entire Multiple Order together with a voucher of Euro 20.00 to be spent on the Sites in the three months following its delivery.
The termination of the purchase contract, for technical reasons, cannot have as its object only the Product or Products that have become unavailable, but must concern the entire order. Once the original order has been resolved, in the event that the user still wants to purchase the available Products referred to in the original order, he must send a new order through the Sites for these Products, which will then be delivered by the delivery date. indicated for this new order.
The Unavailability Notice e-mail will also contain an indication of the various choice options available to the user. The user's choice must be communicated to Berignano by e-mail, to the addresses referred to in art. 16 that follows within the term agreed with the user from time to time, which, in any case, cannot be more than 10 calendar days from the sending of the order. The purchase voucher referred to in art. 7.5 above will also be recognized in the event that the user proceeds directly to terminate the contract, exercising the right attributed to him by law.
7.6 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or accept the proposal referred to in art. 7.5 (ii) above or, finally, in the event that the user, notified of the unexpected unavailability and of the various choice options, pursuant to art. 7.5 above, do not communicate any choice to Berignano within the agreed term, the purchase contract concerning the Products that have become unavailable will be fully terminated, without prejudice to the rights attributed to the user by law, including the right to compensation for damage, with consequent return of the Total Amount Due, if already paid, including delivery costs and any other additional costs paid in relation to the order. The Total Amount Due by the user in relation to the resolved Multiple Order, if already paid, will be refunded without undue delay and, in any case, within 15 working days from the sending of the order. The refund of the Total Amount Due, if already paid, will be made as follows: (i) in the case of payment by credit card, the refund amount will be credited to the same payment method used by the user for the 'purchase; ((ii) in the case of payment by PayPal, Amazon Pay or Satispay, the refund amount will be credited to the PayPal account or, respectively, to the user's Satispay account or Amazon account, as better detailed in articles 11.8, 11.13 and 11.15 below (iii) in the case of Payment by Club Purchase Voucher, as regulated in the following article 11.9, the refund will be made by issuing a purchase voucher, to be spent on the Sites within three months of its disbursement, of equal value to the reimbursement amount; (iv) in the case of Mixed Payment, as regulated in the following article 11.10, the reimbursement will take place, for the portion paid by the user through a Club Purchase Voucher, by issuing a purchase voucher, by spend on the Sites within three months of its disbursement, of a value equal to this portion and, for the portion paid by the user by credit card or by PayPal or Satispay or Amazon Pay, by crediting an amount equal to this portion on the PayP account al, respectively, on the Satispay account or on the user's Amazon Pay account, as better detailed in articles 11.8, 11.13 and 11.15 below. The termination of the contract and the amount of the refund will be communicated to the user by e-mail.
7.7 The voucher referred to in articles 7.3 (ii), 7.4, 7.5 (ii) and 7.6 above will be recognized by activating a personalized code that will be sent to the user via e-mail.
7.8 In relation to the cases of termination of the contract, it should be noted that any delays in crediting the refund amount may depend on the bank, the type of credit card or the payment solution used. In particular, it should be noted that the crediting times on the payment instrument / method connected to the PayPal account or, respectively, to the Satispay account or to the user's Amazon account depend exclusively on PayPal or, respectively, on Satispy or Amanzon and on the banking system. Once the credit order has been placed in favor of this account, Berignano cannot be held responsible for any delays or omissions in crediting the user with the refund amount to dispute which the user must contact directly to PayPal or, respectively, to Satispay or Amazon.
8. Information on Products
Each Product is accompanied by the Product Sheet. The images and descriptions on the Sites reproduce the characteristics of the Products as closely as possible. The colors of the Products and their packaging, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
9. Prices
9.1 All the prices of the Products published on the Sites are expressed in Euros and are inclusive of the Value Added Tax.
9.2 Berignano reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the user will be the one indicated in the order summary and displayed by the user before placing the order and that any changes (increasing or decreasing) subsequent to the transmission of the same will be taken into account.
9.3 In the event that a Product is offered on the Sites at a discounted price, the Product Sheet will indicate (i) the full reference price against which the discount is calculated and (ii) what this full reference price corresponds to. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same. In the event that no indication is entered, it must be understood that the full reference price is the price at which the Product was previously sold on the Sites.
10. Purchase Orders
10.1 The purchase contract is conditional on the non-payment of the Total Amount Due. In the event that this payment does not take place, the purchase contract will therefore be considered terminated by law. Of this resolution and the consequent cancellation of the order, the user will be notified: (i) through the Sites, immediately after the transmission of the order, in all cases in which the user has chosen, as a payment method, a method other than Cash on Delivery; (ii) by e-mail, immediately after the non-payment on delivery, in the event that the user, as a payment method, has chosen Cash on Delivery.
10.2 The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier ("Shipping"). The risk of loss or damage to the Products, for reasons not attributable to Berignano, on the other hand, is transferred to the user, when the user, or a third party designated by him and different from the carrier, materially comes into possession of the Products. By virtue of the provisions of art. 10.1 above: (i) in the event that the user, as a payment method, has chosen a payment method other than Cash on Delivery, the Shipment will be made, only upon confirmation of the actual payment of the Total Amount Due; (ii) in the event that the user, as a payment method, has chosen Cash on Delivery, the delivery of the Products to the user or to a third party designated by the same will be carried out only upon payment of the Total Amount Due, before delivery itself.
10.3 In order to avoid the purchase of Products by resellers and, in particular, the sale of the same on parallel markets as well as in order to allow a more efficient planning of production (Berignano is, in fact, the manufacturer of Products), the user may not purchase, within the same order, more than six (3) pieces of the same Product; moreover, the order may not exceed, in any case and regardless of the number of Products placed in the cart, the maximum total amount of € 1,000.00; finally, it will not be possible to place more than three (3) orders in a single day (from 00.00 to 23.59). In the event that the user selects, within a single order, a quantity greater than the maximum purchasable quantity just indicated, or makes, with a single order, a purchase for a total amount greater than € 1,000.00, Berignano does not will allow the purchase to be concluded and the user will be notified of this by means of a specific message, without prejudice to the user's right to reduce this quantity and / or the purchase amount or to renounce the purchase. In any case, if notwithstanding the foregoing, the user should be able, for any reason, to conclude an order for a total amount greater than € 1,000.00 or which contains more than 3 pieces of the same Product, Berignano will proceed to the resolution of such orders. , giving notice to the user, and reimbursing the Total Amount Due, if already paid, in the manner and timing referred to in art. 7.4 above. The deadline for reimbursement starts from the date the order is terminated. In the event that the user places more than three orders per day, Berignano will proceed with the resolution of the excess orders and the refund of the Total Amount Due relating to the same, if already paid, in the manner and with the timing referred to in art. 7.4 above. The repayment term starts from the date of termination of excess orders.
10.4 In order to send a purchase order it is necessary to read and approve these GCS, by selecting the appropriate box that will appear during the purchase process. Failure to accept the GCS will make it impossible to make purchases through the Sites.
10.5 The registered user can request the issuance of the commercial invoice by selecting the appropriate box present during the purchase process and filling in the appropriate form made available to him. The commercial invoice, which will therefore be issued only if the user requests it in the manner indicated above, will be sent to the user to the e-mail address indicated. For the issuance of the invoice, the information provided by the user through the appropriate form and that the user guarantees to be true to the truth. He undertakes to hold Berignano harmless and harmless from any damage, compensation obligation and / or sanction that may arise and / or be imposed in the event that such information is not accurate or does not correspond to the truth. No change in the invoice will be possible after its issue.
10-bis Reviews
10-bis .1 For each Product purchased through the Sites it is allowed to leave a review ("Review") under the following conditions and terms:
a) the Review may have as its object only the Products purchased through the Sites, with the exclusion, therefore, of all products, including the “Berignano” “Berig” “Maestri di Mare” brand, purchased at physical stores;
b) the Review can only be left by registered users who have purchased the Product to which the Review refers through the Sites and who have received such Product;
c) the Review can be left starting from the delivery of the Product and up to a maximum of 60 days following delivery and only through the appropriate area of the sites, called "My reviews / Write Review";
d) the compilation of the Review, in relation to each Product purchased on the Sites and delivered, will be allowed only in the period indicated in point c) above; before the delivery of the Product or after the expiration of the term of 60 days from the delivery of the Product, the function of compiling the Review will be disabled and therefore it will not be possible to leave any Reviews on the Product;
e) to enter a Review, the user must fill in the appropriate form present, in relation to each Product purchased on the Sites and delivered, in the appropriate area of the Sites called "My reviews / Write Review", entering all the required data such as mandatory (ie rating, expressed in stars; title; text of the Review);
f) through the appropriate area of the sites called "My Reviews / Settings" the user can choose the "signature" of the Review, that is the name or nickname in association with which the Review, if deemed suitable, pursuant to the rules that follow, will be published in the Product Sheet of the Product to which the Review refers; through the same area, the user can change the name or nickname chosen, it being understood that the name or nickname previously chosen will remain associated with the Reviews already published; in the event that the user does not choose, through this function, a specific name or nickname, the Review, if deemed suitable, pursuant to the following rules, will be published with the name of the user resulting from his Account;
g) the Review will be published in the Product Data Sheet of the Product to which it refers within five (5) working days from the insertion on the Sites, if deemed suitable, pursuant to the following provisions;
h) the evaluation of suitability for publication is carried out by Berignano at its absolute discretion;
i) no Reviews will be published that do not have as their object the Product to which they refer and / or that we have as their object a product not purchased through the Sites and / or that have any other object, including the shopping experience and / or navigation on the Sites to discuss about which and / or with respect to which to lodge a complaint the user is invited to contact Berignano at the addresses referred to in art. 16 which follows;
j) Furthermore, reviews that have a defamatory and / or offensive and / or vulgar content and / or, in any way, contrary to the law, public order, morality and / o to the reputation and / or rights of Berignano, of the companies of the Berignano Group and / or of any third party;
k) Reviews will not be published that lack even one of the data requested in the specific form as mandatory (for example, reviews that do not contain any text will not be published);
l) Reviews that have advertising content will not be published;
m) Reviews containing data belonging to the categories referred to in art. 9 of the General Data Protection Regulation (Regulation (EU) 2016/679) and, in particular, data relating to health, as defined by art. 4.15 of this regulation; in the event that the Reviews contain data belonging to the categories mentioned above, such data will be immediately deleted; in any case, the user is expressly prohibited from entering data belonging to the categories mentioned above and, in particular, data relating to health in the Reviews;
n) threats of any kind, incitement to hatred, racism, homophobic comments or, in any way, discriminatory, and abuses of any kind will not be tolerated; protest and political propaganda will not be allowed; Reviews with similar content will not be published;
o) by clicking on the "Publish Review" button, the user authorizes Berignano to disseminate the Review by publishing it, in association with the user's name or nickname, in the Product Sheet of the Product to which the Review refers;
p) the reviews entered cannot be deleted, without prejudice to compliance with the legislation on the processing of personal data; the user can therefore always revoke the consent to the dissemination of the Review previously given, requesting the cancellation of the same, by contacting Berignano at the addresses referred to in art. 16 which follows;
q) the rating of the Product corresponds to the mathematical average of the votes expressed by users who have left a Review in relation to the Product;
r) the release of a Review implies acceptance of these rules, which the user can view before compiling the Review through the appropriate link in the site area called "My reviews / Write Review";
s) for the duration of the prize operation called “Berig Club”, as governed by the respective regulations, which can be consulted by clicking here, the release of a Review involves the automatic attribution of the number of points indicated in these regulations; points will be awarded regardless of the content of the Review and / or its publication; once the prize operation called “Berig Club” has ended, the release of the Reviews, if still permitted, will not give any right to the attribution of any score.
11. Methods of payment
11.1 Payment for Products purchased through the Sites can be made in the manner described in the following paragraphs. In the event that one of these methods cannot be used in relation to a specific Product, this will be clearly indicated on the Sites, at the latest at the beginning of the purchase procedure. The payment methods not available will in any case not be selectable by the user during the specific check-out phase.
A) Payment by credit card
11.2 Payment for Products purchased on the Sites can be made by credit card, directly through the Sites. The credit cards accepted are those of the Maestro, MasterCard, Visa (including Postepay on Visa circuit), Visa Electron, American Express circuits. They are, in any case, indicated in the footer of each page of the Sites. Berignano will charge the Total Amount Due at the time the order is sent, which coincides with the conclusion of the online contract.
11.3 In order to guarantee the security of payments made on the Sites and prevent any fraud, Berignano reserves the right to ask the user, by e-mail, to send, by the same means, a front / back copy of their card. identity and, in the event that the holder of the order is different from the holder of the credit card, of the latter's identity card. The document must be valid. The deadline by which the document must reach Berignano will be specified in the e-mail request. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is obliged to send the requested documents within the indicated deadline.
11.4 In the event that Berignano does not receive such documents within the deadline specified in the e-mail request or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 cc and the order consequently canceled, without prejudice to the right of Berignano to compensation for any damage it has incurred due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Berignano, will result in the cancellation of the order, with consequent refund of the Total Amount Due and application, as far as compatible, of art. 7.4 above. The deadline for reimbursement starts from the resolution of the order.
11.5 In case of receipt by Berignano of valid documentation within the term indicated in the e-mail referred to in art. 11.3 above, the delivery terms applicable to the order will run from the date of receipt of the same.
11.6 Berignano uses the secure payment service of the company Nexi SpA, which requires the use of the SSL-TSL security protocol. Confidential credit card data (card number, holder, expiration date, security code) are encrypted and thus transmitted to the payment manager. Berignano therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products, except, limitedly to the data relating to the cardholder, the case provided for by art. 11.3 above.
B) Payment via PayPal
11.7 Payment for Products purchased through the Sites can be made using the "PayPal" payment solution ("Payment via PayPal"). If the user chooses Payment through PayPal, he will be redirected to the www.paypal.com Sites, where he will pay for the Products according to the procedure provided and governed by PayPal Europe sarl and Cie SCA ("PayPal") and the terms and under the contractual conditions agreed between the user and PayPal. In the case of Payment by PayPal, the payment data of the Products will be processed directly by PayPal and will not be transmitted or shared with Berignano. Berignano is therefore not able to know and does not store in any way the data of the credit card connected to the user's PayPal account or the data of any other payment instrument connected with this account.
11.8 In the case of Payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the time of the transmission of the order, which coincides with the conclusion of the online contract. In case of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the same PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Berignano cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact directly to PayPal.
C) Payment by means of a Club Purchase Voucher
11.9 The payment of the Products purchased on the Sites can be made through the purchase vouchers received by the user as a reward as part of the prize operation called "Berig Club", as governed by the relative regulations ("Club Purchase Voucher"). To make the payment using a Club Purchase Voucher, the user must enter the Purchase Code (ie the code associated with each Club Voucher that the user receives via e-mail and which can also be viewed in the appropriate area of the Sites in the " Promotional Code "of the shopping cart (" Payment by Club Voucher "). To make this entry. The user declares to be aware of and accept that the Club Voucher does not give the right to change and that, therefore, in the event that the 'Total Amount Due is less than the value of the Club Purchase Voucher that the user uses for payment, by entering the relevant Purchase Code in the cart, he will not be entitled to a refund of the difference (e.g. Total Amount Due for the order: Euro 30 ; value of the Club Purchase Voucher that the user wants to use for payment: Euro 50; if the user uses this voucher for payment, he will not be entitled to a refund of the difference, equal to Euro 20). are cumulative and transferable.
D) Mixed Payment (ie partly by means of a Club Voucher and partly by credit card or by PayPal or Satispay or Amazon Pay)
11.10 In the event that the Total Amount Due is greater than the value of the Club Purchase Voucher that the user intends to use for payment, the payment of the Products purchased on the Sites can be made, in part, by means of a Club Voucher and, in part , by credit card or by PayPal or Satispay or Amazon Pay. ("Mixed Payment"). In this case, art. 11.9 above, while the part of payment made by credit card or by PayPal or Satispay or Amazon Pay will apply, depending on the case, respectively, the articles. from 11.2 to 11.6 or from 11.7 to 11.8 above or Articles from 11.12 to 11.13 or from 11.14 to 11.15 below.
E) Cash on delivery ("Cash on Delivery")
11.11 The payment of the Products purchased on the Sites for which Home Delivery has been chosen as the delivery method, as defined in art. 12.2 below, can be made in cash on delivery, by choosing the method of payment on delivery ("Cash on Delivery"). Cash on delivery is excluded, and therefore cannot be used, in the event that the user, as a delivery method, chooses Collection in Store, as defined in art. 12.2. following. In case of Cash on Delivery, an additional delivery cost is due, which is added to the Home Delivery costs, as defined by art. 12.4 above ("Additional Cost for Cash on Delivery"). The exact amount of this cost will be specifically (and separately) indicated on the pages of the purchase procedure, before the user submits the order, and in the order confirmation. Cash on delivery can only be made in cash. No other payment methods are allowed and, in particular, payment by check is excluded. The user is also advised that: (i) the Additional Cost for Cash on Delivery is also due if the order does not apply Home Delivery costs, as defined by art. 12.4 below; (ii) in the event of exercising the right of withdrawal, the Additional Cost for Cash on Delivery will not be reimbursed, pursuant to and for the purposes of art. 56, paragraph II, Consumer Code, since it is an additional delivery cost and Berignano offers a type of delivery that does not include this cost. It should be noted that, if the user has chosen Cash on Delivery, but twice, even if not consecutive, he has refused to collect the package and pay, without having previously exercised the right of withdrawal in the manner set out in art. . 13.3 below, the user will be allowed to pay for purchases made on the Sites only with the following payment methods: Payment by credit card, Payment by PayPal, Payment by Club Voucher, Mixed Payment, Payment by Satispay and Payment by Amazon Pay.
F) Payment by Satispay
11.12 The payment of the Products purchased through the Sites can be made through the payment solution "Satispay" ("Payment by Satispay"). If the user chooses to pay through Satispay, the user will pay for the Products through the appropriate application ("App Satispay"), according to the procedure established and governed by Satispay Europe SA ("Satispay") and the terms and under the contractual conditions agreed between the user and Satispay. In the case of Payment by Satispay, the payment data of the Products will be processed directly by Satispay and will not be transmitted or shared with Berignano. Berignano is therefore not able to know and does not store in any way such data and / or the data of any other instrument and / or payment method connected with the Satispay App and / or with the user's Satispay account.
11.13 In the case of Payment by Satispay, the Total Amount Due will be charged by Satispay to the user at the time of order transmission, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the user's Satispay account. The credit times on the instrument and / or payment method connected to this account depend exclusively on Satispay and the banking system. Once the credit order has been placed in favor of this account, Berignano cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact Satispay directly.
G) Payment via Amazon Pay
11.14 Payment for Products purchased through the Sites can be made through the "Amazon Pay" payment solution ("Payment by Amazon Pay"). If the user chooses Payment through Amazon Pay, he will be redirected to the www.amazon.it Sites, where he will pay for the Products according to the procedure provided and governed by Amazon Payments Europe SCA ("Amazon"), and the terms and under the terms and conditions agreed between you and Amazon. In the case of Payment by Amazon Pay, the payment data of the Products will be processed directly by Amazon and will not be transmitted or shared with Berignano. Berignano is therefore not able to know and does not store in any way such data and / or the data of any other instrument and / or payment method connected to the user's Amazon account.
11.15 In the case of Payment by Amazon Pay, the Total Amount Due will be charged by Amazon to the user at the time of order transmission, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the user's Amazon account. The credit times on the instrument and / or payment method connected to this account depend exclusively on Amazon and the banking system. Once the credit order has been placed in favor of this account, Berignano cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact Amazon directly.
8. Information on Products
Each Product is accompanied by the Product Sheet. The images and descriptions on the Sites reproduce the characteristics of the Products as closely as possible. The colors of the Products and their packaging, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
9. Prices
9.1 All the prices of the Products published on the Sites are expressed in Euros and are inclusive of the Value Added Tax.
9.2 Berignano reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the user will be the one indicated in the order summary and displayed by the user before placing the order and that any changes (increasing or decreasing) subsequent to the transmission of the same will be taken into account.
9.3 In the event that a Product is offered on the Sites at a discounted price, the Product Sheet will indicate (i) the full reference price against which the discount is calculated and (ii) what this full reference price corresponds to. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same. In the event that no indication is entered, it must be understood that the full reference price is the price at which the Product was previously sold on the Sites.
10. Purchase Orders
10.1 The purchase contract is conditional on the non-payment of the Total Amount Due. In the event that this payment does not take place, the purchase contract will therefore be considered terminated by law. Of this resolution and the consequent cancellation of the order, the user will be notified: (i) through the Sites, immediately after the transmission of the order, in all cases in which the user has chosen, as a payment method, a method other than Cash on Delivery; (ii) by e-mail, immediately after the non-payment on delivery, in the event that the user, as a payment method, has chosen Cash on Delivery.
10.2 The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment of delivery of the Product to the carrier ("Shipping"). The risk of loss or damage to the Products, for reasons not attributable to Berignano, on the other hand, is transferred to the user, when the user, or a third party designated by him and different from the carrier, materially comes into possession of the Products. By virtue of the provisions of art. 10.1 above: (i) in the event that the user, as a payment method, has chosen a payment method other than Cash on Delivery, the Shipment will be made, only upon confirmation of the actual payment of the Total Amount Due; (ii) in the event that the user, as a payment method, has chosen Cash on Delivery, the delivery of the Products to the user or to a third party designated by the same will be carried out only upon payment of the Total Amount Due, before delivery itself.
10.3 In order to avoid the purchase of Products by resellers and, in particular, the sale of the same on parallel markets as well as in order to allow a more efficient planning of production (Berignano is, in fact, the manufacturer of Products), the user may not purchase, within the same order, more than six (3) pieces of the same Product; moreover, the order may not exceed, in any case and regardless of the number of Products placed in the cart, the maximum total amount of € 1,000.00; finally, it will not be possible to place more than three (3) orders in a single day (from 00.00 to 23.59). In the event that the user selects, within a single order, a quantity greater than the maximum purchasable quantity just indicated, or makes, with a single order, a purchase for a total amount greater than € 1,000.00, Berignano does not will allow the purchase to be concluded and the user will be notified of this by means of a specific message, without prejudice to the user's right to reduce this quantity and / or the purchase amount or to renounce the purchase. In any case, if notwithstanding the foregoing, the user should be able, for any reason, to conclude an order for a total amount greater than € 1,000.00 or which contains more than 3 pieces of the same Product, Berignano will proceed to the resolution of such orders. , giving notice to the user, and reimbursing the Total Amount Due, if already paid, in the manner and timing referred to in art. 7.4 above. The deadline for reimbursement starts from the date the order is terminated. In the event that the user places more than three orders per day, Berignano will proceed with the resolution of the excess orders and the refund of the Total Amount Due relating to the same, if already paid, in the manner and with the timing referred to in art. 7.4 above. The repayment term starts from the date of termination of excess orders.
10.4 In order to send a purchase order it is necessary to read and approve these GCS, by selecting the appropriate box that will appear during the purchase process. Failure to accept the GCS will make it impossible to make purchases through the Sites.
10.5 The registered user can request the issuance of the commercial invoice by selecting the appropriate box present during the purchase process and filling in the appropriate form made available to him. The commercial invoice, which will therefore be issued only if the user requests it in the manner indicated above, will be sent to the user to the e-mail address indicated. For the issuance of the invoice, the information provided by the user through the appropriate form and that the user guarantees to be true to the truth. He undertakes to hold Berignano harmless and harmless from any damage, compensation obligation and / or sanction that may arise and / or be imposed in the event that such information is not accurate or does not correspond to the truth. No change in the invoice will be possible after its issue.
10-bis Reviews
10-bis .1 For each Product purchased through the Sites it is allowed to leave a review ("Review") under the following conditions and terms:
a) the Review may have as its object only the Products purchased through the Sites, with the exclusion, therefore, of all products, including the “Berignano” “Berig” “Maestri di Mare” brand, purchased at physical stores;
b) the Review can only be left by registered users who have purchased the Product to which the Review refers through the Sites and who have received such Product;
c) the Review can be left starting from the delivery of the Product and up to a maximum of 60 days following delivery and only through the appropriate area of the sites, called "My reviews / Write Review";
d) the compilation of the Review, in relation to each Product purchased on the Sites and delivered, will be allowed only in the period indicated in point c) above; before the delivery of the Product or after the expiration of the term of 60 days from the delivery of the Product, the function of compiling the Review will be disabled and therefore it will not be possible to leave any Reviews on the Product;
e) to enter a Review, the user must fill in the appropriate form present, in relation to each Product purchased on the Sites and delivered, in the appropriate area of the Sites called "My reviews / Write Review", entering all the required data such as mandatory (ie rating, expressed in stars; title; text of the Review);
f) through the appropriate area of the sites called "My Reviews / Settings" the user can choose the "signature" of the Review, that is the name or nickname in association with which the Review, if deemed suitable, pursuant to the rules that follow, will be published in the Product Sheet of the Product to which the Review refers; through the same area, the user can change the name or nickname chosen, it being understood that the name or nickname previously chosen will remain associated with the Reviews already published; in the event that the user does not choose, through this function, a specific name or nickname, the Review, if deemed suitable, pursuant to the following rules, will be published with the name of the user resulting from his Account;
g) the Review will be published in the Product Data Sheet of the Product to which it refers within five (5) working days from the insertion on the Sites, if deemed suitable, pursuant to the following provisions;
h) the evaluation of suitability for publication is carried out by Berignano at its absolute discretion;
i) no Reviews will be published that do not have as their object the Product to which they refer and / or that we have as their object a product not purchased through the Sites and / or that have any other object, including the shopping experience and / or navigation on the Sites to discuss about which and / or with respect to which to lodge a complaint the user is invited to contact Berignano at the addresses referred to in art. 16 which follows;
j) Furthermore, reviews that have a defamatory and / or offensive and / or vulgar content and / or, in any way, contrary to the law, public order, morality and / o to the reputation and / or rights of Berignano, of the companies of the Berignano Group and / or of any third party;
k) Reviews will not be published that lack even one of the data requested in the specific form as mandatory (for example, reviews that do not contain any text will not be published);
l) Reviews that have advertising content will not be published;
m) Reviews containing data belonging to the categories referred to in art. 9 of the General Data Protection Regulation (Regulation (EU) 2016/679) and, in particular, data relating to health, as defined by art. 4.15 of this regulation; in the event that the Reviews contain data belonging to the categories mentioned above, such data will be immediately deleted; in any case, the user is expressly prohibited from entering data belonging to the categories mentioned above and, in particular, data relating to health in the Reviews;
n) threats of any kind, incitement to hatred, racism, homophobic comments or, in any way, discriminatory, and abuses of any kind will not be tolerated; protest and political propaganda will not be allowed; Reviews with similar content will not be published;
o) by clicking on the "Publish Review" button, the user authorizes Berignano to disseminate the Review by publishing it, in association with the user's name or nickname, in the Product Sheet of the Product to which the Review refers;
p) the reviews entered cannot be deleted, without prejudice to compliance with the legislation on the processing of personal data; the user can therefore always revoke the consent to the dissemination of the Review previously given, requesting the cancellation of the same, by contacting Berignano at the addresses referred to in art. 16 which follows;
q) the rating of the Product corresponds to the mathematical average of the votes expressed by users who have left a Review in relation to the Product;
r) the release of a Review implies acceptance of these rules, which the user can view before compiling the Review through the appropriate link in the site area called "My reviews / Write Review";
s) for the duration of the prize operation called “Berig Club”, as governed by the respective regulations, which can be consulted by clicking here, the release of a Review involves the automatic attribution of the number of points indicated in these regulations; points will be awarded regardless of the content of the Review and / or its publication; once the prize operation called “Berig Club” has ended, the release of the Reviews, if still permitted, will not give any right to the attribution of any score.
11. Methods of payment
11.1 Payment for Products purchased through the Sites can be made in the manner described in the following paragraphs. In the event that one of these methods cannot be used in relation to a specific Product, this will be clearly indicated on the Sites, at the latest at the beginning of the purchase procedure. The payment methods not available will in any case not be selectable by the user during the specific check-out phase.
A) Payment by credit card
11.2 Payment for Products purchased on the Sites can be made by credit card, directly through the Sites. The credit cards accepted are those of the Maestro, MasterCard, Visa (including Postepay on Visa circuit), Visa Electron, American Express circuits. They are, in any case, indicated in the footer of each page of the Sites. Berignano will charge the Total Amount Due at the time the order is sent, which coincides with the conclusion of the online contract.
11.3 In order to guarantee the security of payments made on the Sites and prevent any fraud, Berignano reserves the right to ask the user, by e-mail, to send, by the same means, a front / back copy of their card. identity and, in the event that the holder of the order is different from the holder of the credit card, of the latter's identity card. The document must be valid. The deadline by which the document must reach Berignano will be specified in the e-mail request. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is obliged to send the requested documents within the indicated deadline.
11.4 In the event that Berignano does not receive such documents within the deadline specified in the e-mail request or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 cc and the order consequently canceled, without prejudice to the right of Berignano to compensation for any damage it has incurred due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Berignano, will result in the cancellation of the order, with consequent refund of the Total Amount Due and application, as far as compatible, of art. 7.4 above. The deadline for reimbursement starts from the resolution of the order.
11.5 In case of receipt by Berignano of valid documentation within the term indicated in the e-mail referred to in art. 11.3 above, the delivery terms applicable to the order will run from the date of receipt of the same.
11.6 Berignano uses the secure payment service of the company Nexi SpA, which requires the use of the SSL-TSL security protocol. Confidential credit card data (card number, holder, expiration date, security code) are encrypted and thus transmitted to the payment manager. Berignano therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products, except, limitedly to the data relating to the cardholder, the case provided for by art. 11.3 above.
B) Payment via PayPal
11.7 Payment for Products purchased through the Sites can be made using the "PayPal" payment solution ("Payment via PayPal"). If the user chooses Payment through PayPal, he will be redirected to the www.paypal.com Sites, where he will pay for the Products according to the procedure provided and governed by PayPal Europe sarl and Cie SCA ("PayPal") and the terms and under the contractual conditions agreed between the user and PayPal. In the case of Payment by PayPal, the payment data of the Products will be processed directly by PayPal and will not be transmitted or shared with Berignano. Berignano is therefore not able to know and does not store in any way the data of the credit card connected to the user's PayPal account or the data of any other payment instrument connected with this account.
11.8 In the case of Payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the time of the transmission of the order, which coincides with the conclusion of the online contract. In case of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the same PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Berignano cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact directly to PayPal.
C) Payment by means of a Club Purchase Voucher
11.9 The payment of the Products purchased on the Sites can be made through the purchase vouchers received by the user as a reward as part of the prize operation called "Berig Club", as governed by the relative regulations ("Club Purchase Voucher"). To make the payment using a Club Purchase Voucher, the user must enter the Purchase Code (ie the code associated with each Club Voucher that the user receives via e-mail and which can also be viewed in the appropriate area of the Sites in the " Promotional Code "of the shopping cart (" Payment by Club Voucher "). To make this entry. The user declares to be aware of and accept that the Club Voucher does not give the right to change and that, therefore, in the event that the 'Total Amount Due is less than the value of the Club Purchase Voucher that the user uses for payment, by entering the relevant Purchase Code in the cart, he will not be entitled to a refund of the difference (e.g. Total Amount Due for the order: Euro 30 ; value of the Club Purchase Voucher that the user wants to use for payment: Euro 50; if the user uses this voucher for payment, he will not be entitled to a refund of the difference, equal to Euro 20). are cumulative and transferable.
D) Mixed Payment (ie partly by means of a Club Voucher and partly by credit card or by PayPal or Satispay or Amazon Pay)
11.10 In the event that the Total Amount Due is greater than the value of the Club Purchase Voucher that the user intends to use for payment, the payment of the Products purchased on the Sites can be made, in part, by means of a Club Voucher and, in part , by credit card or by PayPal or Satispay or Amazon Pay. ("Mixed Payment"). In this case, art. 11.9 above, while the part of payment made by credit card or by PayPal or Satispay or Amazon Pay will apply, depending on the case, respectively, the articles. from 11.2 to 11.6 or from 11.7 to 11.8 above or Articles from 11.12 to 11.13 or from 11.14 to 11.15 below.
E) Cash on delivery ("Cash on Delivery")
11.11 The payment of the Products purchased on the Sites for which Home Delivery has been chosen as the delivery method, as defined in art. 12.2 below, can be made in cash on delivery, by choosing the method of payment on delivery ("Cash on Delivery"). Cash on delivery is excluded, and therefore cannot be used, in the event that the user, as a delivery method, chooses Collection in Store, as defined in art. 12.2. following. In case of Cash on Delivery, an additional delivery cost is due, which is added to the Home Delivery costs, as defined by art. 12.4 above ("Additional Cost for Cash on Delivery"). The exact amount of this cost will be specifically (and separately) indicated on the pages of the purchase procedure, before the user submits the order, and in the order confirmation. Cash on delivery can only be made in cash. No other payment methods are allowed and, in particular, payment by check is excluded. The user is also advised that: (i) the Additional Cost for Cash on Delivery is also due if the order does not apply Home Delivery costs, as defined by art. 12.4 below; (ii) in the event of exercising the right of withdrawal, the Additional Cost for Cash on Delivery will not be reimbursed, pursuant to and for the purposes of art. 56, paragraph II, Consumer Code, since it is an additional delivery cost and Berignano offers a type of delivery that does not include this cost. It should be noted that, if the user has chosen Cash on Delivery, but twice, even if not consecutive, he has refused to collect the package and pay, without having previously exercised the right of withdrawal in the manner set out in art. . 13.3 below, the user will be allowed to pay for purchases made on the Sites only with the following payment methods: Payment by credit card, Payment by PayPal, Payment by Club Voucher, Mixed Payment, Payment by Satispay and Payment by Amazon Pay.
F) Payment by Satispay
11.12 The payment of the Products purchased through the Sites can be made through the payment solution "Satispay" ("Payment by Satispay"). If the user chooses to pay through Satispay, the user will pay for the Products through the appropriate application ("App Satispay"), according to the procedure established and governed by Satispay Europe SA ("Satispay") and the terms and under the contractual conditions agreed between the user and Satispay. In the case of Payment by Satispay, the payment data of the Products will be processed directly by Satispay and will not be transmitted or shared with Berignano. Berignano is therefore not able to know and does not store in any way such data and / or the data of any other instrument and / or payment method connected with the Satispay App and / or with the user's Satispay account.
11.13 In the case of Payment by Satispay, the Total Amount Due will be charged by Satispay to the user at the time of order transmission, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the user's Satispay account. The credit times on the instrument and / or payment method connected to this account depend exclusively on Satispay and the banking system. Once the credit order has been placed in favor of this account, Berignano cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact Satispay directly.
G) Payment via Amazon Pay
11.14 Payment for Products purchased through the Sites can be made through the "Amazon Pay" payment solution ("Payment by Amazon Pay"). If the user chooses Payment through Amazon Pay, he will be redirected to the www.amazon.it Sites, where he will pay for the Products according to the procedure provided and governed by Amazon Payments Europe SCA ("Amazon"), and the terms and under the terms and conditions agreed between you and Amazon. In the case of Payment by Amazon Pay, the payment data of the Products will be processed directly by Amazon and will not be transmitted or shared with Berignano. Berignano is therefore not able to know and does not store in any way such data and / or the data of any other instrument and / or payment method connected to the user's Amazon account.
11.15 In the case of Payment by Amazon Pay, the Total Amount Due will be charged by Amazon to the user at the time of order transmission, which coincides with the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user will be credited to the user's Amazon account. The credit times on the instrument and / or payment method connected to this account depend exclusively on Amazon and the banking system. Once the credit order has been placed in favor of this account, Berignano cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact Amazon directly.
12. Delivery of Products
12.1 The delivery of the Products is carried out only on the Italian territory, with the exclusion of the Municipalities of Livigno and Campione d'Italia (“Uncovered Area”).
12.2 The delivery of the Products will take place at the shipping address indicated by the user in the order form ("Home Delivery"), or at the shop selected by the user among those indicated on the Sites as available for collection ("Withdrawal in Store ") (Home Delivery and Store Pickup, jointly," Product Delivery "). The user can select one of the two Product Delivery options at check-out, on the "Select Delivery Method" page. After the delivery limitations pursuant to art. 12.1 above, the user who chooses Home Delivery is required to enter in the order form a shipping address located in the areas covered by the delivery service. Orders containing the indication of a shipping address located in the Uncovered Area will be canceled pursuant to and for the purposes of art. 1456 of the Italian Civil Code, with consequent reimbursement of the Total Amount Due, if already paid, in the manner and timing referred to in art. 7.4 above. The repayment term will start from the date of termination of the contract.
12.3 At the time of Shipment, the user will be sent an e-mail confirming the delivery of the Products to the carrier (“Shipment Confirmation E-mail”). Berignano reserves the right to modify the costs of the Delivery of the Products, also, possibly, by providing free delivery costs of the Products, at any time, without notice, it being understood that the cost of Delivery of the Products applied to the user will be that indicated in the summary of the order, before the user is bound by the contract, and that any changes, increasing or decreasing, subsequent to the transmission of the same will not be taken into account. The carrier will then send the user an email with the tracking number and / or the link to track the shipment.
12.4 The Delivery of the Products is subject to a fee. Product Delivery costs are charged to the user, unless otherwise indicated in the Product Sheet or in other parts of the Sites. The specific amount of Product Delivery costs payable by the user in relation to a specific order will be expressly and separately indicated (in Euros and inclusive of VAT) in the order summary and, in any case, before the user proceeds with the transmission of the same, as well as in the order confirmation e-mail.
12.5 In the event of partial withdrawal from Multiple Orders and / or partial termination, for any reason, of the purchase contract relating to Multiple Orders, the delivery costs of the Products will not be reimbursed, since their amount does not depend on the number of Products covered by the order or the weight of the same. In the event of partial withdrawal from Multiple Orders and / or partial termination of Multiple Orders, for reasons not attributable to Berignano, if, as a result of the withdrawal or partial termination, the Total Amount Due falls below the threshold it has , possibly, allowed the user to take advantage of free shipping, the shipping costs, as resulting from the "Deliveries and limitations" page, accessible through the link of the same name in the footer of the Sites and in the Product Sheet, will be charged to the user and , consequently, subtracted from the refund amount.
A) Home delivery
12.6 Home delivery refers to the street level, unless otherwise specified in the Product Sheet. Home delivery will be made from Monday to Friday during normal office hours (from 9 to 18), excluding national holidays.
12.7 The user acknowledges that the withdrawal of the Product is his specific obligation deriving from the purchase contract. In case of non-delivery of the Home Shipment due to the absence of the recipient at the address specified in the order form, the courier will leave the recipient a notice of passage containing the number to contact him ("Delivery Notice"). The courier will then make a second delivery attempt the next day, or must be contacted by the user to agree on an alternative delivery date, depending on the instructions on the Transfer Notice. If this attempt is also unsuccessful or if the user does not contact the courier, the package will go "in storage" with the courier. The courier will then communicate the stock to Berignano who, through the Customer Service, will contact the user in order to provide him with all the information necessary to collect the package at the courier's branch. In the event that the user does not collect at the courier branch within 5 days of delivery of the notice of passage, the purchase contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the civil code with consequent reimbursement, within 15 working days from the termination of the contract, in the manner set out in art. 7.4 above, of the Total Amount Due, if already paid, less the unsuccessful delivery costs, the storage costs, the return costs to Berignano and any other expenses incurred due to failure delivery due to the absence of the recipient. The delivery procedure, the terms for handling in case of non-delivery due to the absence of the recipient and the consequences of failure to collect within the agreed terms and return to the sender for non-delivery will be reminded to the user in the Shipping Confirmation E-mail.
12.8 In the case of Multiple Orders involving Products that must be delivered separately, the procedure referred to in art. 12.7 above will be applied autonomously to each delivery, with the consequence that failure to collect the Product within the term indicated in this article will not result in the termination of the entire contract, but the partial termination of the same with reference only to the Product not withdrawn. Consequently, the amount that will be reimbursed to the user, if already paid, will not be the Total Amount Due but only the amount due in relation to the Product not collected, less the costs of the unsuccessful delivery, calculated as provided in the 'art. 12.5 above, the storage costs, the costs of returning to Berignano and any other expense incurred due to non-delivery caused by the absence of the recipient.
12.9 During the purchase process, before the user transmits the order, the terms within which Berignano undertakes to deliver the Products object of the user's order will be indicated and which take into account, as well as the area and method of delivery, also of the possibility that the user purchases several Products with the same order. The delivery terms start from the working day following the conclusion of the contract (ie sending the order), unless otherwise indicated. The delivery deadline of the specific order will also be indicated in the order confirmation. In the event of failure to indicate the delivery term, it will in any case take place within thirty days from the day following the conclusion of the contract. The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.
12.10 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites Berignano to make the delivery within an additional deadline appropriate to the circumstances ("Additional Deadline pursuant to Article 61, paragraph III, Consumer Code"). If this additional term expires without the Products having been delivered, the user is entitled to terminate the contract ("Termination of the Contract pursuant to Article 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damage. The user is not burdened with the burden of granting Berignano the Supplementary Term pursuant to art. 61, paragraph III, Consumer Code ("Cases Excluded") if: a) Berignano has expressly refused to deliver the Products; b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the user has informed Berignano, before the conclusion of the contract, that delivery by or on a specific date is essential.
In the Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages ("Termination of the Contract in Excluded Cases ").
The indication of the Supplementary Term pursuant to art. 61, paragraph III, Consumer Code and the notice of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in the Excluded Cases must be communicated by the user to Berignano at the addresses referred to in art. 16 below.
In the event of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in the Excluded Cases, Berignano will reimburse the user the Total Amount Due, if already paid, without undue delay, in the manner referred to in art. 7.4 above. The repayment term starts from the termination of the contract.
12.11 In any case, Berignano undertakes to notify the user, promptly and by e-mail, of the delay in delivery ("Delay Notice"), simultaneously indicating the new delivery term, if available ("New Delivery Term ") and, in the event that the user fails to set the Additional Term pursuant to art. 61, paragraph III, of the Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in Excluded Cases, without prejudice to the possibility for the user to avail himself at any time of these remedies and / or the ordinary means of protection made available by law and, in particular , from Chapter XIV of Title II of Book IV of the civil code, Berignano undertakes to: (i) in case of delivery with a delay of between 1 and 3 working days with respect to the New Delivery Term: reimburse the user for the costs of Home delivery; (ii) in case of delivery with a delay of between 4 and 10 working days with respect to the New Delivery Term, allow the user to refuse delivery and to terminate the contract, with consequent refund, in the manner indicated in art. 7.4 above, of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract or, alternatively, if the user does not want to terminate the contract, reimburse the user for the expenses of Home Delivery, plus, regardless of the user's choice, recognize a voucher of Euro 20.00; (iii) in the event of a delay in delivery exceeding 10 working days with respect to the New Delivery Term or, in any case, 20 days with respect to the original delivery term, offer the user, in addition to the provisions of this article, point (ii) above, the possibility of accepting the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference and upon express consent, recognizing the user, in any case, a voucher purchase of Euro 20.00.
12.11-bis In the cases referred to in Articles 12.11 (i), 12.11 (ii) and 12.11 (iii), if it is necessary to proceed with the reimbursement of Home Delivery costs, the reimbursement of such expenses will take place in the following ways: (i) in the case of payment by credit card , with credit on the same payment instrument used for the purchase; (ii) in the case of payment by PayPal or Satispay or Amazon Pay with crediting to the PayPal account or, respectively, to the Satispay account or to the user's Amazon account, as better detailed in articles. 11.8, 11.13 and 11.15 above; (iii) in the case of Payment by means of a Club Purchase Voucher, as regulated in art. 11.9 above, by issuing a purchase voucher, to be spent on the Sites within three months of its delivery; (iv) in the case of Mixed Payment, as regulated in art. 11.10 above, with credit, depending on the case, on the same payment instrument used by the user for the purchase or on the PayPal account or on the Satispay account or on the user's Amazon account and, in case of residual, by issue, for this residual, a purchase voucher, to be spent on the Sites within three months of its delivery; (v) in the case of Cash on Delivery, by bank transfer; in this case, Berignano will promptly contact the user in order to obtain the bank details necessary for the reimbursement.
12.12 In the case of Multiple Orders that have as their object Products that must be delivered separately, the provision referred to in art. 12.11 above will be autonomously applied to each delivery. With respect to each delivery and therefore, limited to the Products object of the same, the user can proceed to the establishment of the Additional Term pursuant to art, 61, paragraph III, Consumer Code and to the Resolution pursuant to art. 61, paragraph III, of the Consumer Code or to the Resolution in the Excluded Cases, the relative conditions being met. In this case, Berignano will reimburse the user the Partial Amount Due, if already paid, without undue delay, in the manner referred to in art. 7.6 above, it being understood that, in the case of Mixed Payment, the refund of the Partial Amount Due will be made first of all by crediting, depending on the case, on the same payment method used by the user for the purchase or on the PayPal account or on the Satispay account or on the user's Amazon account and only in the case of residual by issuing, for this residual, a purchase voucher, to be spent on the Sites within three months of its delivery. The repayment term starts from the termination of the contract.
12.13 In any case, Berignano undertakes to promptly send the User the Delay Notice, indicating at the same time the New Delivery Deadline, if available, and, in the event that the user does not proceed with setting the Additional Deadline pursuant to art. 61, paragraph III, of the Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or the Termination of the Contract in the Excluded Cases, in relation to the single delivery and the related delayed Products, without prejudice to the possibility for the user to make use of these remedies and / or the ordinary ones at any time. means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, Berignano undertakes to: (i) in the event of delivery of one of the Products covered by the Multiple Order with a delay between 1 and 3 working days with respect to the New Delivery Term: reimburse the user for the Home Delivery costs, calculated as indicated in art. 12.5 above; (ii) in the event of delivery of one of the Products covered by the Multiple Order with a delay of between 4 and 10 working days with respect to the New Delivery Term, allow the user to refuse delivery and to terminate the contract partially and limited to Product object of the Multiple Order delivered late, with consequent reimbursement, in the manner indicated in art. 7.6 above, of the Partial Total Amount, if already paid, immediately and, in any case, within 10 working days from the request for termination of the contract, it being understood that, in the case of Mixed Payment, the reimbursement of the Partial Amount Due will be made first of all. with credit, depending on the case, on the same payment method used by the user for the purchase or on the PayPal account or on the Satispay account or on the user's Amazon account and only in the case of residual by issuing, for this residual, of a purchase voucher, to be spent on the Sites within three months of its delivery, or, alternatively, if the user does not want to terminate the contract, reimburse the user for the Home Delivery costs, calculated as indicated in art. 12.5 above, plus, regardless of the user's choice, recognize a voucher of Euro 5.00; (iii) in the event of a delay in the delivery of one of the Products covered by the Multiple Order exceeding 10 working days with respect to the New Delivery Term or, in any case, 20 days with respect to the original delivery term, offer the user, in addition to the provisions of this article, in point (ii) above, the possibility of accepting the supply of a different Product of equivalent or greater value, upon payment, in the latter case, of the difference and with the express consent, acknowledging to the user, in any case, a voucher of Euro 20.00.
12.13-bis In the cases referred to in Articles 12.13 (i), 12.13 (ii) and 12.13 (iii), if it is necessary to proceed with the reimbursement of the Home Delivery costs, such reimbursement will take place in the manner set out in art. 12.11-bis above.
12.14 In the cases referred to in Articles 12.12 and 12.13 above, the resolution of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products object of the Multiple Order delivered late or not delivered within the terms indicated with respect to the other Products object of the Multiple Order delivered promptly. .
12.15 The vouchers referred to in articles 12.11 (ii), (iii) and 12.13 (ii), (iii) above will be recognized, by activating a personalized code, which will be sent to the user by e-mail, within 15 days from the day on which they occurred the conditions for their issue. They will be spent on the Sites within a maximum of 3 months from their delivery.
12.16 In the event of failure to send the Delay Notice or failure to set the New Delivery Deadline in the same, all the terms referred to in Articles 12.11 (i), (ii), (iii) and 12.13 (i), (ii) and (iii) above will run from the original delivery term. The acceptance of the New Delivery Term in the cases referred to in Articles 12.11 and 12.13 above and, in the cases referred to in Articles 12.11 (ii) and (iii) and 12.13 (ii) and (iii), the user's choice must be promptly communicated to Berignano by e-mail to the addresses indicated in art. 16 below.
12.17 It is up to the user to check the conditions of the Product that has been delivered to him. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Berignano, is transferred to the user, when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products, it is recommended to the '' user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape) and is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows evident signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
B) Pickup in Store
12.18. The user also has the possibility to choose the Pickup in Store as a delivery method, as defined in art. 12.2 above. In the event that the user chooses Collection in Store, the user may collect the Product purchased at the point of sale ("Store") selected by him from those indicated on the Sites as available for collection. In the event that the user wants to choose this delivery method, during the purchase procedure, the user must select the "Collection in Store" option and then choose the Store to which he wishes the delivery to be made ("Store Selected ") through the store locator available in the check-out section called" Select the store where you would like to collect your order ". For each Shop the following are indicated: the quality of the Shop (for example, "Berignano" or "Premium Reseller"), the address, the telephone number, the days and opening hours, any scheduled closures and, if any, the e-mail address ("Shop Card").
12.19 Without prejudice to the provisions of art. 12.3 above, as soon as the Product is ready for collection, the user will receive an e-mail confirming the delivery of the Product at the Selected Shop ("Communication of Successful Delivery to the Shop"). The code consisting of 9 letters necessary for the collection of the purchased Products ("Withdrawal Code") will be contained in the Shipping Confirmation E-mail and in the Communication of Successful Delivery to the Shop.
12.20 The Product may be collected by the user during the opening hours and days of the Selected Shop, as indicated on the Sites. To collect the Product, the user or his / her delegate must provide the personnel of the Selected Shop with the Withdrawal Code. The Selected Shop is not entitled to ask the user to exhibit identification documents and / or to show the order confirmation e-mail and / or the shipping confirmation e-mail and / or the communication of receipt. Delivery to the Store. The user therefore accepts and acknowledges that: (i) providing the personnel of the Selected Store with the Withdrawal Code is his specific obligation; (ii) the withdrawal of the Product may take place only and exclusively upon provision of the Withdrawal Code; (iii) the withdrawal of the Product cannot take place in the event of failure to provide this code, even if the user shows the order confirmation email or the Shipping Confirmation Email or the Communication of Success. Delivery to the Store; (iv) the Selected Shop may refuse the delivery of the Product to the user, in the event of failure to provide the Code.
12.21 The user acknowledges that the withdrawal of the Product is his specific obligation deriving from the purchase contract. The user is obliged to collect the Product within 5 working days from the receipt of the Communication of Successful Delivery to the Store.
In case of failure to collect within the term indicated above ("Failure to withdraw"), the Selected Shop will inform Berignano that, through the Customer Service, it will contact the user. In the event that the user does not collect the Product from the Selected Store within 10 working days of receipt of the Communication of Successful Delivery to the Store, the purchase contract will be considered terminated by law pursuant to and for the purposes of which art. 1456 of the civil code with consequent reimbursement, within 15 working days from the termination of the contract, in the manner set out in art. 7.4 above, of the Total Amount Due, less the unsuccessful delivery costs, the storage costs, the return costs to Berignano and any other expense incurred due to the failure to collect the Product from part of the user. Berignano reserves the right to remind the user of the procedure in case of non-collection and the relative consequences in the communication of successful delivery to the shop.
12.22 The mere Non-Withdrawal (ie the Non-Withdrawal not preceded by the exercise of the right of withdrawal in the manner referred to in art. 13 below) cannot be understood as exercising the right of withdrawal pursuant to art. 52 of the Consumer Code and, consequently, will not give the right to a refund of the sums paid by the user for the purchase of the Product. The deadline of 14 calendar days for exercising the right of withdrawal pursuant to art. 52 of the Consumer Code will start from the date on which the user will collect the Product. The terms and conditions governing the exercise of the right of withdrawal are described in art. 13 below, the full content of which is referred to.
12.23 The user is informed of the following:
to. in the event that the user chooses the Withdrawal in the Store, the user will not be able to make use of the Cash on Delivery; the payment of the Total Amount Due must therefore necessarily be made at the time of transmission of the order, on the Sites, through one of the following payment methods pursuant to art. 11 above: Payment by credit card, Payment by PayPal, Payment by Club Voucher, Mixed Payment, Payment by Satispay, Payment by Amazon Pay;
b. any request for information, any complaint and / or any report relating to orders and / or Products delivered with the In-Store Pick-up method cannot be addressed to the Selected Store where the pick-up took place or to any other Store indicated on the Sites as available for collection, but must be addressed only to Berignano, through the Customer Service, in the manner referred to in art. 16 which follows;
c. the user is not entitled to exercise the right of withdrawal and / or to return the Product with respect to which he intends to exercise or has exercised the right of withdrawal at the Selected Shop or at other Shops indicated on the Sites as available for Withdrawal, having to use, even in the case of Collection from the Store, according to the methods indicated in art. 13 which follows both for exercising the right of withdrawal and for returning the Product;
d. the user is not entitled to exercise the Legal Guarantee, nor to proceed with the return of the Product for which he complains of a Lack of Conformity at the Selected Shop or at other Shops indicated on the Sites as available for Collection, having to use, even in the case Collection from the Store, in the manner indicated in art. 14 that follows both for the exercise of the Legal Guarantee and for the return of the Product that the user considers to be defective.
12.24 At the Withdrawal in the Store, the provisions of Articles 12.9, 12.10, 12.11, 12.11-bis (with the exception of point (v)), 12.12, 12.13, 12.13-bis, 12.14, 12.15, 12.16 above.
12.25 It is up to the user to check the conditions of the Product that was delivered to him at the Selected Shop. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Berignano, is transferred to the user, when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products, it is recommended to the 'user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape). In the event that the package shows evident signs of tampering or alteration, the user is advised to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
13. Right of withdrawal
13.1 Pursuant to art. 52 and ss. of the Consumer Code, the user who plays the role of consumer has the right to withdraw from the purchase contract of the Product without having to provide any reasons and without having to incur costs other than those provided for in Articles. 13.6 and 13.9 below, within the term of fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece .
It should be noted that in the event that the order has as its object a kit of pieces ("Kit") or a box containing various pieces ("Box"), the Product consists of the Kit and / or the Box as a whole, in how much the package of the Kit or Box contains information required by law, such as, by way of example, the lot number and INCI (INCI means "International Nomenclature of Cosmetic Ingredients", ie the indication of the ingredients of the product). It follows that the right of withdrawal can be exercised only in reference to the entire Kit and / or Box and not in relation to individual pieces in the same content.
13.2 To exercise the right of withdrawal, the user must inform Berignano, before the expiry of the Withdrawal Period, of his decision to withdraw. To this end, the user can:
a) use the standard withdrawal form ("Withdrawal Type Form") made available to you on the Sites, before the conclusion of the contract through the "Right of Withdrawal" link, also accessible from the Product Sheet and attached to the e-mail of order confirmation;
b) submit any other explicit declaration of your decision to withdraw from the contract ("Declaration of Withdrawal").
13.3 Berignano offers the user the possibility of exercising the withdrawal online, by filling in and sending a specific form ("Online Withdrawal Form") electronically, following the guided procedure made available to him in the "Return / Right of Withdrawal" section. "Of the Account. In case of online withdrawal, Berignano will immediately send the user, by e-mail, a confirmation of receipt of the withdrawal request. To exercise the online withdrawal, the user must:
- access the "Return / Right of Withdrawal" section of the Account;
- click on the "WITHDRAW AND RETURN PRODUCTS" button next to each order;
- select the Product (s) for which you intend to withdraw and then click on the "CONFIRM WITHDRAWAL AND RETURN" button, after having indicated, in the "Reason for return" field, if desired, the reason for the return; this indication is not mandatory.
13.4 Without prejudice to the hypothesis of sending the Online Withdrawal Form, the Withdrawal Type Form or the Withdrawal Declaration must be sent to the following e-mail address: servizio.clienti@berignano.com, or to the address:
Berignano Srl
Via Berignano 9
53037 San Gimignano
c / o Customer Service
13.5 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user makes use of the Declaration of Withdrawal, the consumer is invited to indicate in the Declaration of Withdrawal the order number, the Product (s) for which he / she intends to exercise the right of withdrawal and his address. It should be noted that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user, it is in the user's interest to use a durable medium when communicating his withdrawal to Berignano.
13.6 The user must return the Products to Berignano, using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated his decision to Berignano. withdraw ("Return Deadline"). The Return Deadline is met if the user returns the Products before the expiry of the fourteen-day period. The Product, suitably protected and packaged and in the original packaging (the original packaging, as bearing the INCI indication of the Product, is, given the type of Product, an integral part of the Product itself), must be returned to the following address:
Berignano Srl
Via Berignano 9
53037 San Gimignano
c / o Returns Office
The direct costs of returning the Products are borne by the user as well as the responsibility for the transport of the same. In the case of Products which by their nature cannot normally be returned by post, the standard instructions on withdrawal ("Standard Instructions on Withdrawal") will indicate the maximum estimated cost of the return, identified by type of Product and based on the cost of delivery. of the same. The Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the user on the Sites before the conclusion of the contract, through the "Right of Withdrawal" link, also accessible from the Product Sheet and attached to the order confirmation email. The return of the Products takes place under the responsibility and at the expense of the user. Please, kindly, the user to indicate on the outside of the package with which he makes the return, the number of the order for which he exercises the right of withdrawal, in order to a more efficient management of the practice.
13.7 If the user withdraws from the contract, Berignano will refund the Total Amount Due, including delivery costs if applicable, or, in the case of partial withdrawal from Multiple Orders, the Partial Amount Due, excluding delivery costs, if applicable, as indicated in art. 12.5 above, and excluding, in any case, the Additional Cost for Cash on Delivery, if applicable, without undue delay and in any case no later than 14 calendar days from the day in which Berignano was informed of the user's decision to withdraw from the contract . Unless the user has expressly agreed otherwise: (i) in the case of payment by credit card, the refund amount will be credited to the same means of payment used by the user for the purchase; (ii) in the case of payment by PayPal, Satispay or Amazon Pay, the refund amount will be credited to the PayPal account or, respectively, to the Satispay account or to the Amazon account used by the user for the initial transaction; (iii) in the case of Payment by means of a Club Purchase Voucher, as regulated in art. 11.9 above, the reimbursement will take place by issuing a purchase voucher, to be spent on the Sites within three months of its disbursement, of a value equal to the reimbursement amount; (iv) in the case of Mixed Payment, as regulated in art. 11.10 above, the reimbursement will take place, for the portion paid by the user through a Club Purchase Voucher, by issuing a purchase voucher, to be spent on the Sites within three months of its disbursement, of a value equal to this portion and, for the part paid by the user by credit card or by PayPal or Satispay or Amazon Pay, by crediting an amount equal to this share, depending on the case, on the same payment instrument used by the user for the initial transaction or, respectively , on the PayPalo account on the Satispay account or on the Amazon Pay account, used by the user for the initial transaction, it being understood that, in the case of partial withdrawal, priority will be given to the refund by crediting, depending on the case, to the credit card or , respectively, on the PayPal account or on the Satispay account or on the Amazon Pay account used by the user for the initial transaction, proceeding with the issue of the purchase voucher only in case of residual and for this import or residual; (v) in the case of Cash on Delivery, by bank transfer; in this case, Berignano will contact the user promptly in order to obtain the bank details necessary for the reimbursement. In any case, the user will not have to incur any costs as a consequence of this refund. Berignano may suspend the reimbursement until receipt of the Products subject to withdrawal or until the user demonstrates that he has returned such products, whichever is earlier.
13.8 The user is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning 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 its packaging (which, as bearing the INCI indication of the Product, is an integral part of the Product itself. ) of all accessories, leaflets, identification tags, labels and the 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 free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product, without prejudice to the provisions of art. 13.1 above in relation to Kits and Boxes.
13.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount may be reduced by an amount equal to this decrease in value. Berignano will notify the user of the circumstance and the consequent reduced refund amount within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due. by the user due to the decrease in value of the Product. Without prejudice to the hypotheses provided for by art. 13.11 which follows and in general from art. 59 of the Consumer Code, in which the right of withdrawal does not apply and / or ceases upon the occurrence of certain circumstances, and in which, therefore, no reimbursement is due to the user, in the - different - cases in which the right to Withdrawal applies, if the Product for which the right of withdrawal has been exercised has been opened, given the type of Products, it is assumed that the Product, as it can no longer be put on sale, has suffered a decrease in value of 50% and , consequently, the reimbursement amount will be reduced by 50%, without prejudice to Berignano's right to deduct even a greater sum from the reimbursement amount, in the event that greater than 50% results in the decrease in value suffered by the Product as a result of incorrect handling of the same. In accordance with art. 13.1 above, in the event that the withdrawal concerns Boxes and / or Kits, since the Product consists of the Kit or Box as a whole, where even only one of the pieces inside the Box and / or Kit is open, the minimum value decrease of 50% will be applied to the entire Box and / or Kit.
13.10 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Berignano will notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product will remain at Berignano at the user's disposal for collection, which must take place at the expense and under the responsibility of the user.
13.11 The user is reminded that the right of withdrawal is excluded in the cases referred to in art. 59 of the Consumer Code and, in particular, with regard to contracts concluded through the Sites, relating to the supply (i) of goods made to measure or clearly personalized; (ii) of assets that are likely to deteriorate or expire rapidly; (iii) of sealed goods that cannot be returned for hygienic reasons or related to health protection and are open after delivery (eg creams, sunscreens and cosmetic products in general, perfumes,). The supply of a cosmetic product is considered open if the package containing it is open. The supply of a perfume is considered open if the cap of the bottle containing the perfume is removed. The supply of a cream, sunscreen or any other cosmetic is considered open if the package containing it is open.
13.12 In the event that, in one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be given specific and express communication in the Product Sheet and / or, in any case, during the purchase process, before the the user proceeds with the transmission of the order.
13.13 With reference to the Products delivered through Collection in Store, the following is specified:
(i) the user is not entitled to exercise the right of withdrawal and / or to return the Product with respect to which he intends to exercise or has exercised the right of withdrawal at the Selected Shop or at other Shops indicated on the Sites as available for Collection, having to make use of the methods indicated in this art. 13 both for the exercise of the right of withdrawal and for the return of the Product;
(ii) the Selected Shop and the other Shops indicated on the Sites as available for collection are not authorized to receive the Declaration of Withdrawal or the Type of Withdrawal Form and are not authorized to accept the return of the Products;
(iii) the user who has chosen Store Pickup as the delivery method will therefore not be able to exercise the right of withdrawal or return the Products for which they wish to withdraw from the Stores indicated on the Sites as available for pickup, including the Selected Store price at which the user collected the Product.
14. Legal Guarantee
14.1. All products sold on the Sites are covered by the legal guarantee of conformity provided for in Articles. 128-135 of the Consumer Code ("Legal Guarantee").
14.2 To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Sites for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Sites and who do not act as consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.
14.3 When it applies
The seller (and, therefore, with regard to purchases made on the Sites, Berignano) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this proof, to keep the order confirmation e-mail or the purchase invoice, if requested, or the transport document or any other document that can certify the date of purchase (for example credit card statement or bank statement) and delivery date.
14.4 What is the lack of conformity
There is a lack of conformity when the purchased good:
1. is not suitable for the use for which goods of the same type are normally used;
2. does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
3. does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling;
4. it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.
Any faults or malfunctions caused by accidental events or by the user's responsibility or by a use of the product that does not conform to its intended use and / or to the provisions of the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.
14.5 Remedies available to the user
In case of lack of conformity duly reported within the terms, the user has the right:
- primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
- secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at your choice.
The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.
14.6 What to do if there is a lack of conformity
In the event that a product purchased on the Sites, during the validity period of the Legal Guarantee, manifests what could be a lack of conformity, the user can follow the procedure indicated in the "Legal Guarantee of Conformity" section of the Sites or contact Customer Service, at the addresses referred to in art. 16 below. In both cases, prompt feedback will be given to the alleged lack of conformity and the specific procedure to be followed will be indicated to the user, also taking into account the product category to which the Product belongs and / or the defect reported.
14.7 Berignano reserves the right to ask the user to attach the order confirmation e-mail or other document proving the date of the purchase and the delivery date to the request to take advantage of the Legal Guarantee.
14.8 With reference to the Products delivered through Collection in Store, the following is specified:
(i) the user is not entitled to exercise the Legal Guarantee and / or to return the Product with respect to which he complains of a Lack of Conformity at the Selected Shop or at the other Shops indicated on the Sites as available for Collection, having to use, also in the case of Collection from the Store, according to the methods indicated in this art. 14 both for the exercise of the Legal Guarantee and for the return of the Product that the user considers defective;
(ii) the Selected Shop and the other Shops indicated on the Sites as available for collection are not authorized to receive requests to exercise the Legal Guarantee and are not authorized to accept the return of the Products;
(iii) the user who has chosen Store Pickup as the delivery method will therefore not be able to exercise the Legal Guarantee or return the Products for which he complains of a Lack of Conformity at the Stores indicated on the Sites as available for collection, including the Shop Selected price from which the user has collected the Product.
15. Conventional Manufacturer's Warranty; Prize events
15.1 The products sold on the Sites may, depending on their nature, be covered by a conventional warranty provided by the manufacturer ("Conventional Warranty"). The user can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the product packaging. The Conventional Guarantee is voluntary, does not replace, does not limit and does not prejudice or exclude the Legal Guarantee.
15.2 Berignano may organize competitions and prize operations reserved for Registered Users. The rules of each competition or prize operation will be available in a specific section of the Sites. Where the prizes consist of discount vouchers, vouchers or equivalent forms, they cannot in any case be converted into cash.
16. Customer Service and Complaints
16.1 It is possible to request information, send communications or submit complaints by contacting customer service ("Customer Service") in the following ways:
- by e-mail, to the address servizio.clienti@erbolario.com;
- by post, by writing to Berignano Srl - Via Berignano, 9 53037 San Gimignano c / o Customer Service;
- by phone, at 0577 1741000;
- through the Sites, by accessing the "Contact Us" section.
16.2 Berignano will respond to complaints by e-mail or post within a maximum period of 5 working days from receipt of the request.
17. Applicable law and competent court
17.1 The purchase contract concluded through the Sites is governed by Italian law.
17.2 This 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 provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
17.3 We remind you that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.
18. Alternative resolution of ADR / ODR disputes
18.1 Pursuant to art. 141-sexies, paragraph III, Consumer Code, Berignano informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to Berignano, as a result of which it has not been possible to resolve the dispute thus arisen, Berignano will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute.
18.2 Berignano also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address https://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 sites of each of them and start an online resolution procedure of the dispute in which he is involved.
18.3 The right of the consumer user to refer the dispute arising from these General Conditions of Sale is in any case without prejudice, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
18.4 Furthermore, for any cross-border dispute relating to the application, execution and interpretation of these General Conditions of Sale, the user, who habitually resides or is domiciled in a member state of the European Union other than Italy, can introduce the European procedure established for small claims by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, before the competent judicial body, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00 on the date on which the competent court receives the application form. The text of the Regulation can be found on the websites https://eur-lex.europa.eu/eli/reg/2007/861/oj .
18.5 According to art. 49 c. 1 letter v) of Legislative Decree no. 206/2005 (Consumer Code) the customer who intends to resolve a dispute arising with the merchant (Berignano) can make use of the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after having lodged a complaint with the company, has not received a response or has received a response that he does not consider satisfactory within 45 days. The customer who decides to make use of the Joint Conciliation procedure is obliged to send the application to the address: conciliazione@consorzionetcomm.it or to n. by fax: 02/87181126. For more information, see the websites: https://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl .