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Foreword
These general conditions of online sales (hereinafter "GTC") govern the contract of sale (hereinafter, the "Contract") of products (hereinafter, the "product" or the "products") offered by
Bennardo Arredi s.r.l
Viale regione siciliana, 31 92026 Favara - Agrigento - Italy P.I. 02872190844
through its website www.bennardohome.it (hereinafter, the "site") to users of the site (hereinafter, the "customers" or the "customer").
These general conditions of sale are aimed at defining the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.bennardohome.it in accordance with current regulations on electronic commerce and distance contracts.
Bennardo Arredi s.r.l is an official authorized dealer of all the Brands present on the site.
Company data:
Bennardo Arredi s.r.l
Viale regione siciliana, 31 92026 Favara - Agrigento - Italy P.I. 02872190844
Tel : +39 0922 34550
Email : bennardo.arredi@libero.it
All the information contained in the site www.bennardohome.it (hereinafter referred to as the Site) is in Italian and English.
The customer declares that he/she has read all the above information and general conditions of sale before placing the order.
1. Acceptance of the General Terms and Conditions of Sale
The customer, with his purchase order, accepts unconditionally and undertakes to observe in his dealings with the Bennardo Arredi s.r.l.. , the general conditions and payment below, declaring that he has read and accepted all the information provided to him, also noting that the application of any other clause is excluded unless the same are not previously agreed in writing with the Bennardo Arredi s.r.l.
2. Territory and coverage of the offer
This version of the general conditions of sale refers to sales made to consumers having their domicile or residence in Italy and abroad.
3. Obligations of the Customer
The General Terms and Conditions of Sale must be examined ON LINE by customers who are visitors to the miliashop.com shop before placing an order in any way (telephone, email, Internet, other). The placing of an order confirmation therefore implies full knowledge of these General Terms and Conditions of Sale and their full acceptance. The customer also undertakes, once the purchase procedure has been completed, to print and keep these General Terms and Conditions of Sale, which have already been viewed and accepted throughout the purchase process.
The Customer provides for the purchase of the products by consulting the descriptive and technical sheets present ON-LINE and is therefore solely responsible for the choice and suitability of the product for the purpose.
4. Assumption of liability
It is the responsibility and obligation of the purchaser to inquire about the specific compatibility of what he intends to purchase with his own needs.
The technical and functional characteristics of the products published by Bennardo Arredi s.r.l through its own information messages in the Internet pages describing the articles are those communicated by their respective manufacturers.
The Bennardo Arredi s.r.l does not assume any responsibility regarding the veracity and completeness of such information. The images of the products are indicative and not binding.
The Products are not supplied on trial. Although the Site can provide indications on the characteristics of the Products, the Customer is responsible for the choice of the ordered Products and for the correspondence and conformity of the specifications indicated by each producer to his own needs.The photographs and the videos of presentation of the products accompanying the descriptive information are published on the site by way of description, taking into account the fact that the quality of the images, including an exact visualisation of the colour variants, can depend on the software and the computer instruments used by the customer at the moment of the connection to the site. Bennardohome does not assume any responsibility for problems caused to the client by the use of the site and the technologies used, as they are not dependent on their own will.
5. Prices
The purchase is made by the customer and relates to the products as illustrated and described ON-LINE in their descriptive and technical sheets (the pictures are indicative).
The purchase price is fixed and final. It does not include delivery costs invoiced separately, which shall be indicated in the order confirmation.
For delivery within the European Union, prices include the VAT applicable on the day of the order.
They are therefore quoted inclusive of VAT.
No other customs duty or VAT will be payable for a delivery within the European Union. Any change in the applicable rate may affect the selling price of the products in the catalogue. For a delivery outside the European Union, the customer shall pay customs duties, VAT or other taxes relating to the import of the products into the country where the delivery will be made. The relevant formalities shall be borne exclusively by the customer, unless otherwise specified. The customer is solely responsible for checking the import possibilities of the ordered products with regard to the law of the country of delivery.
6. Payment and Invoicing
The customer undertakes to pay, if necessary, and this directly to the carrier or transporter, customs duties, VAT or other taxes relating to the import of the products into the countries where delivery will take place.
Payment for the purchased products and related shipping costs must be made by the customer in the following ways: Credit Card, Paypal, Bank Transfer. (The various payment instrument options will be further specified during the purchase process) Payment by bank transfer is subject to the following conditions:
The bank transfer must be received within 10 working days of placing the order. After this date the order will be considered void. The goods will only be shipped once we have verified that the credit has been credited to our bank account.
The products ordered remain the property of Bennardo Arredi s.r.l until the final and full payment of their price (pursuant to Art. 1523 et seq. CC.). Bennardo Arredi s.r.l reserves the right to claim the ordered Products in case of non-payment.
In this hypothesis and at the request of Bennardo Arredi s.r.l, the Customer agrees to return any unpaid Product, with costs at its own expense.
Each Product order transmitted to miliashop.com constitutes a contractual proposal from the Customer. Fulfillment of the order by miliashop.com is equivalent to confirmation and acceptance thereof.
The fiscal documentation relating to the Products ordered shall be issued by Bennardo Arredi s.r.l when the Products are shipped to the Customer.
The purchasing customer agrees to provide the exact information for the shipping and billing address; in the event of incorrect sending of this information, any additional costs for recovery and resending shall be borne by the purchasing customer.
7. Delivery of products and execution of the order
The purchased products will be delivered by Bennardo Arredi s.r.l by courier or carrier, to the address indicated by the Customer as destination address.
The choice on the various shipping methods will be made by the Customer at the time of purchase.
For our shipments we rely on the service of qualified express couriers such as TNT or couriers specialized in the delivery of furniture and furnishings to ensure the quality of service and integrity of the Products.
Duly packed goods travel on behalf of and at the risk of the purchaser from the moment of delivery to the carrier.
Upon delivery, the customer must check the integrity of the packages.
In the event of delays, damages, or total or partial loss, it is the Customer's right to have recourse to the carrier without miliashop.com's liability ever being involved. Therefore, upon delivery, miliashop.com recommends that the customer proceed to check the condition of the products delivered before signing the acknowledgement of receipt of the package. Once the acceptance signature has been affixed, it will no longer be possible to contest any damage or aesthetic anomalies on the products. We remind customers that it is their duty to open the contents of the package if there are any signs of damage on the packaging. If you notice any anomalies in the product, you must refuse delivery of the products or accept them by putting your reservations, detailed and dated, in writing in the acknowledgement of receipt. A copy will be addressed to Bennardo Arredi s.r.l, Viale regione siciliana, 31 92026 Favara - Agrigento. Deliveries normally take place within 3/4 days for Italy and 8/10 days for European destinations only for products available in stock.
Deliveries for products not in stock take place within 1 to 8 weeks from receipt of credit.
The shipping terms indicated on the site, while carefully considered, must be understood as not binding for Bennardo Arredi s.r.l., which may subsequently confirm or modify them, depending on their actual needs. Shipping times are indicated in working days.
Delivery times are approximate if there are no physical or structural impediments (eg incorrect addresses) or force majeure events such as strikes, natural disasters, problems with transport / supply / manufacturing, exchange rate fluctuations, government action and / or regulations. If the force majeure event persists for a period of more than two months with respect to the normal delivery time, either party shall be entitled to withdraw from the contract, without any compensation being due to the other party.
Delivery is deemed to have been made from the moment the Product is handed over to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, shall constitute proof of transport and release of the goods.
In case of error inherent to the Product, the Customer agrees to return the Product or the Products concerned to Bennardo Arredi s.r.l within 7 (seven) days from the receipt, provided that they are returned with the closed package, in their original state and packaging with the accompanying documents.
The delivery of products, unless otherwise specified, is always intended at street level for orders placed by cart.
By purchasing, the customer accepts these conditions.
8. Availability of products
The definition of the stock on the virtual shop is purely fictitious; it may happen that an item purchased is temporarily out of stock. In this case, miliashop.com guarantees the regular processing of the order placed, reserving the right to request goods temporarily out of stock from its suppliers. In this case, the purchaser shall not be able to exercise the right of withdrawal due to lack of immediate delivery, or delivery later than explicitly stated on the product sheet.
By purchasing, the customer accepts these conditions.
9. Collection of products in the event of the customer's absence
If the addressee is absent during delivery, the carrier shall leave a note at the delivery address indicated by the customer. The products shall be collected at the address and in the manner indicated by the carrier. In case of failure to collect within the time limit set by the carrier, the products will be returned to Bennardo Arredi s.r.l In this case the customer will not be entitled to any refund. The costs of transporting the products to return to Bennardo Arredi s.r.l will be borne by the customer.
10. Right of withdrawal
The consumer has the right to withdraw from any distance contract, without penalty and without specifying the reason, within the term of 10 working days from the completion of the order ( The order is considered perfected from the moment of receipt of payment of the product(s) ) or from the day of delivery to the consumer. The right of withdrawal must be exercised by the customer, under penalty of forfeiture, by sending a registered letter to Bennardo Arredi s.r.l Viale regione siciliana, 31 92026 Favara - Agrigento. The above communication can also be sent, within the same period, by telegram or fax to Bennardo Arredi s.r.l at +39 0922 34550, provided that it is confirmed, by registered letter with return receipt, within 48 (forty-eight) hours after sending the telegram or fax.
The consumer may not exercise the right of withdrawal for contracts for the supply of any non-prefabricated goods produced on the basis of an individual choice by the consumer, (the current wording of the law states that the right of withdrawal cannot be exercised for "goods made to an individual choice or clearly customised"): the vast majority of the products in our catalogue fall within this category, for more information contact Customer Service.
All returns (which must be perfectly intact and accompanied by the original packaging) must be authorised by Customer Service. The product must be returned in its original packaging. It must not have been used, must not have suffered even minimal damage and must be in a perfectly clean condition. Once the return has been authorised, the Customer can return the Product to the following address: Bennardo Arredi s.r.l Viale regione siciliana, 31 92026 Favara - Agrigento. C.O.D. packages will not be accepted.
Once received the Products (and verified their integrity) Bennardo Arredi s.r.l will provide, as soon as possible, within a maximum of 30 days, to reimburse the Customer the sums paid. For this, will communicate to miliashop.com their bank details. The costs of the return shall be borne entirely by the Customer. Following receipt Miliashop.com will examine the goods for any damage or tampering (the substantial integrity is an essential condition for the exercise of the right of withdrawal).In the event of damage to the goods during transport of the returned goods, Bennardo Arredi s.r. l will notify the customer of the incident (within 5 working days of receipt of the goods in their stores), to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the property (if insured), in this case, the product will be made available to the customer for his return, simultaneously canceling the request for withdrawal. Bennardo Arredi s.r.l not respond in any way for damage or theft/loss of goods returned by uninsured shipments. In the period of withdrawal mentioned in Article 15, the customer is responsible for the object as custodian. In the event of damage or destruction of the Product during the custody of the Customer, the right of withdrawal shall lapse. N.B. All shipping and packaging costs for the return of the goods shall be borne by the Customer (as provided for in Article 67 paragraph 3 of Legislative Decree No. 206 of 06/09/05).
11. Replacements
Any replacement of defective parts or parts damaged in transit takes only slightly less time or even the same time as production time, as these are almost always products made to order. The replacement procedure will be initiated as soon as we receive the photographic documentation produced by the customer, which must reach us in the immediate period following delivery. The replacement of products made to order will not be carried out in the event that the purchaser objects to the colours and/or shades of fabrics, leather, metals, wood, glass or other materials being different from those published on the Site.
In any case, we shall endeavour to work as quickly as possible in order to reduce waiting times.
12. Return of defective or damaged goods
In case of defective goods, the same can be returned to Bennardo Arredi s.r.l within 7 days from the delivery.
Shipping and packaging costs for the return of the shipment are borne by Bennardo Arredi s.r.l The defective goods will be replaced or refunded if it is not possible to replace it with the same product.
If the customer receives packages visibly damaged by the courier and / or carrier, (broken or visibly damaged packaging) will proceed as follows:
- In the case of several packages, reject only the damaged package to the sender. We will then contact the customer and agree on a replacement and/or refund.
- If, on the other hand, it is a one-package consignment, reject the consignment to the sender and as before, we will then contact the customer and agree on a replacement and/or refund.
If the broken product is out of stock, the Customer will be contacted for a possible replacement with an item of equal value and characteristics available or alternatively for a refund of the sums paid.
13. Complaints
Complaints for the non-compliance of the product or products delivered with the order must be received in writing directly to Bennardo Arredi s.r.l, immediately after receipt of the goods.
The Customer must keep the original packaging and the delivery document.
14. Warranty - Technical Assistance
Bennardo Arredi s.r.l guarantees only the material integrity of the Products at the time of delivery.
Any defects covered by the Warranty Bennardo Arredi s.r.l must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the date of delivery. In case of operation of Warranty Bennardo Arredi s.r.l, the Customer will be entitled only to the replacement of damaged products upon return of the same, being excluded the right of the Customer to compensation for any damage, even further. The shipping costs necessary for the replacement of Products are borne by Bennardo Arredi s.r.l Bennardo Arredi s.r.l. does not provide on the Products any warranty additional to that provided by individual manufacturers.
The technical assistance and interventions under warranty on the Products are carried out, where applicable, by the individual Manufacturers, according to the terms and conditions set out in the documentation attached to the Products themselves. In particular, Bennardo Arredi s.r.l. does not give any guarantee about the compatibility of the Products with other products or equipments used by the Customer, nor does it give any guarantee about the suitability of the Products for the specific use thought by the Customer.
Except in cases of willful misconduct or gross negligence of Bennardo Arredi s.r.l it is now agreed that, if the responsibility of Bennardo Arredi s.r.l for any reason to the Customer - including the case of failure, in whole or in part, the obligations assumed by Bennardo Arredi s.r.l to the Customer as a result of the execution of an order - the responsibility of Bennardo Arredi s.r.l can not be higher than the price of the Products purchased by the Customer and for which the dispute arose.
15. Protection of personal data
Bennardo Arredi s.r.l is the owner of the personal data collected at the time of registration to the site, as well as those subsequently communicated at the time of purchase by the customer, except for data relating to the payment process for which reference is made to the banks through which the transaction takes place. For information on the processing of personal data, including the rights under Article 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the www.bennardohome.it website.
By purchasing, the customer accepts these conditions and holds Bennardo Arredi s.r.l harmless from any recourse or claim of detailed instruction.
16. Nominative information
The computer processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with the provisions of the law. The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any guarantee contracts. For this purpose, such information may be communicated to contractual partners of Bennardo Arredi s.r.l The Customer may object to such a communication and in accordance with the law has the right to access, modify, rectify and delete data concerning him by contacting Bennardo Arredi s.r.l To avoid any attempt of fraud, Bennardo Arredi s.r.l may ask you proof of your identity, your domicile.
17. Electronic Signature
The "validation click" constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
18. Entire contract
These general terms and conditions constitute the entirety of the parties' obligations.
No other general or particular conditions communicated by the Customer may be included in or depart from these general conditions.
19. Intellectual and industrial property rights
Bennardohome informs that the site, as well as all the brands and distinctive signs used in relation to the sale of the proposed products, are protected by the applicable intellectual and industrial property rights and that any reproduction, communication, distribution, publication, alteration or transformation is prohibited, in any form and for any purpose they occur Bennardohome reserves the right to take legal action to protect these aspects.
20. Nullity
Should one or more provisions of these general conditions be considered invalid or declared invalid by application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
21. Applicable law
The contract of sale between the customer and Bennardo Arredi s.r.l is concluded in Italy and governed by Italian law.
22. Competent court
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of the law for the protection of consumers (as defined under Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute in any way related to these Terms and Conditions, will be devolved to the exclusive jurisdiction of the Court of Agrigento.
Pursuant to and for the effects of articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood the following clauses of the Bennardo Arredi s.r.l. General Terms of Sale: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22