General sales conditions
Terms and conditions
Premise
The offer of this online store is proposed by the company Biagetti S.r.l. (Biagetti) in compliance with current regulations on electronic commerce and distance contracts.
Biagetti S.r.l. is the official authorized dealer of all the Brands on the site.
Company details:
Biagetti S.r.l.
Via Caprera 40
48123 Ravenna (RA) Italy
Company registration code REA n. RA - 191606,
Tax Code / VAT no. 02323620399
Tel: +39 0544 461706 | Fax: +39 0544 500034
E-mail: reception@biagetti.net
The Customer declares to have read all the aforementioned information and general conditions of sale before placing an order.
General conditions of Sale
These general conditions govern the methods of sale of the products marketed by Biagetti (the "Products").
All contracts for the sale of products by Biagetti S.r.l. to third parties (the "Customers") are governed by these General Conditions of Sale, which form an integral and substantial part of every proposal, order and purchase order confirmation of the Products themselves. The conditions of sale applicable to orders are those in force on the date of the order.
1. Products: prices and features
Unless otherwise indicated, the prices of the Products published on the site by Biagetti S.r.l. they are expressed in Euros and include VAT. Shipping costs are excluded and will be communicated during check out. For more information see our Shipping.
On biagettidesignclub.com you can buy both "outlet" products (ie only those objects and furnishing accessories that are out of print because they are no longer in production or that are unique models or that are currently or have been exhibited in the past at Biagetti Design Club ) and "new" products. The technical and functional characteristics relating to the Products are indicated in the relative data sheets of each product (Product Data Sheets). The Product Data Sheets relating to "outlet" products indicate the conditions of the Products and any discrepancies of the Products with respect to ordinary standards.
The images of the products are indicative and not binding.
The guaranteed price to the buyer is the one published on the Site at the time the order is sent. The purchase price is fixed and final.
The prices of the Products published from time to time by Biagetti S.r.l. on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
The Products are not provided for trial periods. Although Biagetti staff can provide information on the characteristics of the Products, the Customer is responsible for the choice of the Products ordered and for the correspondence and conformity of the Products to their needs.
2. Orders and billing
Each order of Products sent to Biagetti S.r.l. constitutes the Customer's contractual proposal. The fulfillment of the order by Biagetti S.r.l. it is equivalent to confirmation and acceptance of the same.
The tax documentation relating to Products ordered will be issued by Biagetti S.r.l. at the time of shipment of the Products to the Customer.
The Customer must indicate the exact data necessary for billing and specify the shipping address of the invoice itself.
3. Execution of the order
The order will be executed within the terms specified on the Site.
Once confirmed, the order can only be canceled within 24 hours, after which the customer is obliged to pay. In compliance with the relevant laws, the customer can still withdraw from the contract within 14 days, following our Return Policy (See point 9).
In case of non-execution of the order by Biagetti S.r.l. (if the same is due to unavailability of the Products ordered by the Customer), Biagetti S.r.l. will as soon as possible inform the Customer of the expected delivery times for the supply of the missing Product. If the Customer does not intend to wait for this time, in any case not exceeding 60 working days, Biagetti S.r.l. will reimburse any sums already paid by them for the supply not performed.
In case of breakage, out of stock or unavailability of the ordered Product, Biagetti S.r.l. undertakes to inform the Customer as soon as possible and to specify a deadline for availability.
The Customer will confirm his choice by e-mail, i.e. wait for the availability of the Product or request a refund.
4. Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by Biagetti S.r.l.
The Customer will receive an e-mail notification of receipt showing the order confirmation with all the constituent elements of the contract (products, prices, indicative delivery dates, shipping costs, ...)
Biagetti S.r.l. reserves the right not to confirm an order for any reason relating in particular to a problem concerning the order received or the supply of Products.
5. Delivery of Products
The Products are delivered to the address indicated by the Customer.
The shipments will take place after receiving confirmation of payments: for the bank transfer the crediting to our current account is valid, for the payment by credit card the confirmation of the transaction by the circuit.
For our shipments we rely on the service of qualified express couriers such as DHL, FedEx, TNT or Couriers specialized in the delivery of furniture and furnishings to ensure the quality of the service and the integrity of the Products.
Shipment
The delivery of products available in stock is carried out by express courier within 5 working days in Italy, within 10 working days in Europe. In the case of bulky orders and / or particularly fragile products, the shipment is carried out by specialized couriers with delivery times varying in relation to the volume and destination of the goods. The shipping term of an order containing items with different delivery times is equal to the longer shipping term of the items in the order. Within each product sheet, the availability times of the item from the time of order are indicated. To these must be added the standard shipping times or shipping by specialized courier indicated above, based on the destination and the volume of the order.
For example, a product not in stock, with availability equal to 2-3 weeks, will be available in logistics within a maximum of 3 weeks from the order confirmation. From the arrival of the goods in the warehouse, the standard shipping times will be calculated with delivery within 5 working days for Italy, 10 working days in Europe.
The shipping term of an order containing items with different delivery times is equal to the longer shipping term of the items in the order. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnities of any kind.
Biagetti S.r.l. has the right to make, if it deems it appropriate, the request for delivery of the Products (also relating to the same order) in several successive stages.
Delivery is considered complete from the moment the Product is delivered into the possession of the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.
Deliveries are to be intended exclusively to the ground floor and there is no collection and removal of used items.
Special delivery terms and conditions must be agreed in advance between the Customer and Biagetti and accepted in writing by Biagetti S.r.l.
Biagetti S.r.l. does not offer assembly services unless previously agreed in writing.
Most of our products travel pre-assembled: assembly is in most cases quite simple and consists in assembling pre-defined pieces.
Please note that:
upon delivery, the Customer must check the content, compliance and status of the Product (s). Therefore, upon delivery, Biagetti S.r.l. recommends that the Customer proceed to check the status of the Products delivered before signing the acknowledgment of receipt, and to make sure in particular:
- that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
- that the packaging is intact, not damaged, wet or otherwise altered, and to check the integrity of the contents.
If the Customer finds anomalies, he is obliged to refuse the delivery of the products or to put his reservations in writing in a detailed and dated document. If the courier's document is signed without affixing any "reserve", the Customer will not be able to make any objection about the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.
Biagetti S.r.l. has the right, at its sole discretion, to deliver the ordered Products by means of a courier of your choice.
6. Collection of products in case of absence of the customer
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the deadline set by the carrier, the Products will be returned to Biagetti S.r.l., which reserves the right to reimburse the price of the Products, leaving the shipping costs to be paid by the Customer.
In the event of an error regarding the Product, the Customer undertakes to return said Product or Products concerned to Biagetti S.r.l. within 7 (seven) working days of receipt, with the package closed, in their original state and packaging and with the accompanying documents.
Once the Product has been received in the correct form and manner, Biagetti S.r.l. will return, at its own expense, the Product initially ordered.
7. Force majeure
In addition to the circumstances usually considered force majeure by the law, the following cases are also explicitly included:
In the event of force majeure, the execution of the order will be suspended, initially, in full right.
If after a period of 90 working days and the parties ascertain the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
8. Product Warranties - Technical assistance
Biagetti S.r.l. guarantees only the material integrity of the Products at the time of delivery (hereinafter, the "Biagetti S.r.l. Guarantee").
8.1 Any defects covered by the Biagetti S.r.l. must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the delivery date. In the event of the Biagetti S.r.l. Guarantee being operational, the Customer will only be entitled to the replacement of the damaged Products upon return of the same, being excluded the Customer's right to compensation for any damage, even further. The shipping costs necessary for the replacement of Products are borne by Biagetti S.r.l.
8.2 Without prejudice to the provisions of the previous article 8.1, Biagetti S.r.l. does not provide any additional guarantee on the Products with respect to that provided by the individual Manufacturers. Technical assistance and warranty interventions on the Products are carried out, where required, by the individual Manufacturers, according to the terms and methods indicated in the documentation attached to the Products themselves. In particular, Biagetti S.r.l. does not provide any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use intended by the Customer.
8.3 Without prejudice to cases of wilful misconduct or gross negligence by Biagetti S.r.l. as of now it is agreed that, if the responsibility of Biagetti S.r.l. for any reason towards the Customer - including the case of total or partial non-fulfillment of the obligations assumed by the Biagetti Online Store towards the Customer as a result of the execution of an order - the responsibility of Biagetti S.r.l. it cannot be higher than the price of the Products purchased by the Customer and for which the dispute has arisen.
9. Right of withdrawal
9.1 Pursuant to art. 5 of Legislative Decree 22 May 1999 n. 185, the Customer (if he qualifies as a "consumer" pursuant to article 1 letter b) of Legislative Decree 22 May 1999 n. 185) has the right to withdraw from the contract and to return the ordered Products, without any penalty and without specifying the reason, within 14 (fourteen) days of receipt of the Products.
9.2 The right of withdrawal referred to in Article 9.1 above can be exercised by the Customer, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform us by means of an explicit declaration, no later than the times indicated above, for example by email at info@biagettidesignclub.com
For this purpose it is possible to use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9.3 Effects of withdrawal
By withdrawing from the contract, only the sums paid for the purchase of the Product will be reimbursed to the Customer, the costs for shipping and delivery will be borne by the Customer, without undue delay and in any case no later than 30 days from the day on which we are informed of the decision to withdraw from this contract.
These refunds will be made using the same payment method used for the initial transaction and will not incur any costs as a consequence of this refund.
The reimbursement may be suspended until the goods are received or until the consumer demonstrates that he has returned the goods, whichever is earlier.
9.4 Returned goods must be returned or delivered to us at the address
Biagetti S.r.l
Via Caprera 40
48123 Ravenna (RA) Italy
without undue delay and in any case within 14 days from the day on which the Customer communicated his withdrawal from this contract. The deadline is met if the goods are returned before the 14-day period has expired.
The direct costs of returning the goods will be borne by the customer.
9.5 The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The returned goods must be returned in resalable conditions.
9.6 The right of withdrawal referred to in article 9.1 above cannot be exercised by the Customer in the event that the Products purchased have been made "to measure" or according to the Customer's requests, are personalized, or may deteriorate or expire rapidly.
9.7 Biagetti S.r.l. recommends the customer to:
- check the status of the Products delivered before signing the acknowledgment of receipt, and in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
- check that the packaging is intact, not damaged, wet or otherwise altered;
- check the integrity of the content. If any discrepancies are found, the Customer may refuse to accept the package by signing his refusal.
10. Payment
The payment of the consideration is due at the time of the order.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as, if necessary, to pay the VAT or other taxes relating to the import directly to the courier or carrier. of the Products in the countries where the delivery will take place.
The Customer pays the order:
- by credit card as proposed on the Site. The Customer guarantees Biagetti S.r.l. that they are authorised to use the card payment method when ordering.
- or by bank transfer in favour of Biagetti S.r.l. In case of non-receipt by Biagetti S.r.l. of the transfer within 14 days following the confirmation of the order, Biagetti S.r.l. reserves the right to cancel the order. The bank details are provided at the time of the order.
- or through Paypal. The Customer guarantees Biagetti S.r.l. the fact of having the necessary authorizations to use the Paypal payment method when ordering.
11. Non-payment - Retention of title
The ordered Products remain the property of Biagetti S.r.l. until the final and full payment of their price (pursuant to Art. 1523 and following of the Civil Code.) Biagetti S.r.l. reserves the right to claim the ordered Products in case of non-payment.
In this case and at the request of Biagetti S.r.l., the Customer undertakes to return any unpaid Product, at his own expense.
12. Complaints Complaints for non-compliance of the Product or Products delivered with the order must be sent in writing directly to Biagetti S.r.l., immediately after receipt of the goods by emailto : info@biagettidesignclub.com
We recommend keeping the original packaging and the transportation document.
13. Nominative information
The computerized processing of the information, including the management of the e-mail addresses of the users of the site, is carried out in compliance with the provisions of the law.
The nominative information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any warranty contracts.
For this purpose, such information may be disclosed to the contractual partners of Biagetti S.r.l.
The Customer can oppose such communication and in accordance with the law he avails himself of the right of access, modification, rectification and cancellation of the data concerning him by contacting Biagetti S.r.l.,
Via Caprera 40, 48123 Ravenna (RA) Italy.
To avoid any attempt at fraud, Biagetti S.r.l. may ask you for proof of your identity, of your domicile.
14. Failure to waive
For Biagetti S.r.l. the fact of not asserting a lack on the part of the Customer with respect to any of its obligations, cannot be interpreted as a waiver of the obligation in question and the possibility of asserting this lack at a later time.
15. Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the Customer may enter or be outside these general conditions.
16. Intellectual property
Biagetti S.r.l. is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the online store catalog, consequently, the partial or total reproduction, on any type of media, of the elements that make up the Site and the catalog, their use as well as their transfer to third parties are formally prohibited.
17. Nullity
If one or more provisions of these general conditions are considered invalid or declared as such in 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.
18. Jurisdiction
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Ravenna. Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of Sale Biagetti S.r.l. : 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18.