Allgemeine Geschäftsbedingungen
Terms and Conditions
Dear customer,
We inform you that the general conditions of sale, set out below, indicate, in compliance with current consumer protection regulations, the conditions and methods with which to proceed with the online purchase on the site Bristart.com of the products of your interest in a safe, easy and convenient way. Therefore, we invite you to read and accept them in order to proceed with the purchase.
OBJECT
These general terms and conditions of sale govern the sale of products marketed by Bristart.com through the website Bristart.com to consumer users and users acting for purposes related to business activities.
These general conditions are effective from the date of acceptance of the same by the customer on the site, which is valid to all intents and purposes as acceptance pursuant to art. 1341 of the Civil Code.
The company reserves the right to modify these general terms and conditions of sale at any time by posting them on the website.
Any contractual or non-contractual liability on the part of the company for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order is excluded.
HOW TO PURCHASE
The purchase of products takes place through access to the site and the relative registration. For each of the products, a description containing the main characteristics of the same is available on the website. All purchase support information is intended as simple generic information material.
It is understood that the image accompanying the description of the product may not be perfectly representative of its characteristics, but may differ in color, size, accessory products shown in the figure.
The correct receipt of the order is confirmed by Bristart.com by means of an automatic response via e-mail, sent to the e-mail address provided by the customer at the time of registration. This confirmation message will contain an "order number", to be used in the event of any communication with the company. The message will contain all the data entered by the customer, who undertakes to verify their correctness and to promptly communicate any corrections.
In the case of payment by bank transfer, the customer will receive, by e-mail, the bank details to make the payment correctly.
In the event of non-acceptance of the order, Bristart.com guarantees timely communication to the customer.
PAYMENT METHODS
All prices on the site are to be understood as public prices and, therefore, include VAT.
Prices may change without notice and the only correct price is the one indicated at the time of order confirmation.
On certain products, subject to price promotions, Bristart.com reserves the right to accept orders by reducing the quantity, subject to communication and acceptance by the customer, failing which the order must be considered cancelled.
In the case of purchase of goods with "credit card" payment methods, at the same time as the conclusion of the online transaction, the reference bank will authorize only the commitment of the amount relating to the purchase made. The amount relating to the goods processed, even partially, will actually be charged to the customer's credit card only at the time of delivery of the ordered material to the courier.
In the case of purchase of goods with "bank transfer" payment method, you can only make the credit after receiving the e-mail containing the bank details from Bristart.com. The reason for the transfer must include the order number that will be communicated to you by e-mail. The transfer will be considered valid if made within 5 working days from the receipt of the second e-mail. Within 2/5 working days of execution, Bristart.com will verify the credit and ship the goods, except for unforeseen events for which prompt communication will be given by telephone and/or e-mail.
Bristart.com reserves the right to cancel the order if the transfer is not received. In the event that the amount of the transfer does not correspond to the amount of the order, Bristart.com will contact you to agree on the methods to proceed with the processing of the order.
Customers are advised to keep a copy of the bank transfer receipt, as proof of payment.
For more information or support, please contact the Customer Support sales team.
The goods are only sent after receipt of the credit.
In the event of cancellation of the order, either by the customer or in the event of non-acceptance of the same by Bristart.com, the cancellation of the same and the release of the amount committed will be carried out (the release times depend exclusively on the banking system). Once the transaction has been cancelled, Bristart.com cannot be held responsible for any damages, resulting from the release of the committed amount by the banking system.
Bristart.com reserves the right to request additional documents proving credit card ownership from the customer. If the documentation is not sent, Bristart.com reserves the right not to accept the order.
The security of transactions is guaranteed by a data encryption system (SSL) and direct, secure and certified links.
In case of payment by Advance Bank Transfer, what the customer has ordered will be committed until the credit is received on the current account and in any case no later than 7 days from the order.
In the case of purchase of goods with "Cash on delivery" payment method, the Bristart.com reserves the right to carry out a telephone check to ascertain the true identity of the buyer. In the event of non-delivery and return of the order, the customer must respond (within the next 24 hours) to the redelivery with advance payment of the total amount of the order plus the costs of redelivery; If the failure to comply with this procedure is not successful, the order will be cancelled and a temporary block will be applied to the buyer, until further notice.
DELIVERY METHODS
For each order placed, Bristart.com issues a sales document of the material shipped. For the issuance of the electronic invoice, the information provided by the customer at the time of the order is valid. The customer can request the invoice by sending an email to info@bristart.com, communicating all the relevant data in order to proceed with the creation of it. The request must be expressed within three months of issue.
Delivery costs are borne by the customer and are indicated when placing the order, except for current promotions.
No responsibility can be attributed to Bristart.com in the event of delay in the processing of the order or in the delivery of what has been ordered. At the time of delivery, the customer is required to check:
- that the packaging is intact, neither damaged, nor wet, or in any way altered;
- that the number of packages corresponds to that indicated in the transport document.
Any damage to the product or packaging or the mismatch of the indications, must be immediately reported to the courier by placing WRITTEN CONTROL RESERVE on the courier's proof of delivery. Once the courier's document has been signed, the customer will not be able to oppose any objection about the external characteristics of what has been delivered.
In the event of failure to collect within 5 working days the material in stock at the courier's warehouses due to repeated impossibility of delivery to the address indicated by the customer at the time of the order, the order will be cancelled. The goods travel under the customer's responsibility. The goods always travel at the expense of the buyer recipient and at his own risk. The seller cannot be liable for damage or loss of the uninsured product during the shipment of the same.
The law does not impose this objective responsibility on the online seller during the shipment of the product.
Contracts relating to e-commerce, due to the nature of these businesses, are concluded at the time and place of the start of execution, i.e. with the transfer of the product from the seller to the carrier – courier that will take care of the shipment.
Article 1327(1) of the Civil Code therefore applies to contracts relating to electronic commerce.
Article 1327 of the Civil Code. Execution before the acceptor's response.
If, at the request of the proposer or due to the nature of the business or according to custom, the performance must be performed without a prior response, the contract is concluded at the time and place where the performance began.
Article 1327 of the Civil Code. Execution before the acceptor's response.
If, at the request of the proposer or due to the nature of the business or according to custom, the performance must be performed without a prior response, the contract is concluded at the time and place where the performance began.
In the event of an uninsured shipment against damage and theft, the person receiving the damaged goods cannot take action against the seller, but only against the courier, pursuant to Article 1693, paragraph I, of the Civil Code.
Article 1693 of the Civil Code. LIABILITY FOR LOSS AND DAMAGE
The carrier shall be liable for the loss or damage of the goods delivered to him for transport, from the moment he receives them to the moment he returns them to the consignee, unless he proves that the loss or damage resulted from unforeseeable circumstances, from the nature or defects of the goods themselves or their packaging, or from the actions of the sender or that of the consignee.
Art. 1510 Place of delivery
In the absence of an agreement or contrary usage, the delivery of the thing must take place in the place where it was located at the time of sale, if the parties were aware of it, or in the place where the seller had his domicile or the headquarters of the company.
Unless otherwise agreed or customary, if the thing sold is to be transported from one place to another, the seller is released from the obligation of delivery by handing over the thing to the carrier or the shipper; The freight costs are borne by the buyer.
Bristart.com may change the conditions at any time without mandatory notice to the customer
GUARANTEE
All products sold by Bristart.com are covered by the manufacturer's conventional warranty and the 24-month warranty for lack of conformity, pursuant to Legislative Decree 24/02 which protects purchases only by end customers who purchase for non-professional purposes, by means of a receipt. To take advantage of the warranty, the customer must keep the invoice or sales document sent with the product itself.
The manufacturer's conventional warranty is provided in the manner described in the documentation inside the product. If, following the intervention of an Authorized Service Center, the defect is not covered by the manufacturer's conventional warranty, the customer will be charged for any verification and repair costs required by the Authorized Service.The 24-month warranty applies to products with a defect, provided that the product has been used correctly, in accordance with its intended use and as provided in the accompanying technical documentation. This warranty is reserved for consumers. In the event of a defect, Bristart.com will restore the product's conformity, free of charge to the customer, through repair/replacement or, where applicable, termination of the contract. If, following the intervention of an Authorized Service Center, the defect is not found to be a defect of conformity pursuant to Legislative Decree 24/02, the customer will be charged for any costs incurred for verification and repair requested by the Authorized Service Center.
Furthermore, components external to the appliance that the consumer can directly intervene on during use and/or maintenance, or that are subject to wear, are excluded from the warranty.
Replacements in the event of a DOA (Dead On Arrival: product not working upon delivery) are only made if expressly provided for by the manufacturer.
If returning a product under warranty, the customer must return it in its original packaging, complete in all its parts (including packaging and any additional documentation). Do not attach labels or tape directly to the product's original packaging. The product must be protected with wrapping paper and other suitable packaging for transport.
RIGHT OF WITHDRAWAL
Pursuant to and within the limits of Article 64 of Legislative Decree No. 206 of September 6, 2005, the customer has the right, within 10 business days of receiving the purchased products, to exercise the Right of Withdrawal. This right entitles the customer to return the products received and obtain a refund of the price paid.
This right applies to all products on the Bristart.com website, with the strict exclusion of audiovisual or computer software delivered sealed and subsequently opened by the customer.
Pursuant to Legislative Decree No. 206/2005, it is specified that the Right of Withdrawal is exclusively reserved for consumer customers, meaning only natural persons who purchase the products for their own use and act for purposes not related to their professional activity, or who do not indicate a VAT number when ordering.
To exercise the Right of Withdrawal, the Customer must contact the Bristart.com Customer Support Team at +39 0545 82000. by phone.
The customer must then send an email to: info@bristart.com
Once receiving the notification, Bristart.com will inform the customer of the return procedure and number.
The customer must promptly ship the goods to the address provided by Bristart.com. Shipping costs and responsibility for the goods during shipment, as required by law, are the responsibility of the customer. Therefore, we recommend insuring the products with the chosen courier, taking care to carefully package the goods, where possible placing them in an external box, avoiding damaging the original packaging with adhesive tape, labels, etc. The product must be returned intact in its original packaging, complete with all its parts and accessories, including any warranties, instructions, user licenses, cables, etc. If any damage occurs during the return, Bristart.com will notify the customer within five business days of receiving the goods, allowing them to file a complaint with the courier used for transport. The damaged goods will be made available for return, and the return request will be canceled at the same time.
Without prejudice to any repair costs for verified damage, Bristart.com will refund the full amount within 30 days, and in any case not before receiving the purchased goods, by credit card refund or bank transfer to the account indicated by the customer. The right of withdrawal is forfeited if the products are returned damaged (for reasons other than transportation) or incomplete, or missing parts, accessories, and components, including instruction manuals, user licenses, warranties, etc.
The right of withdrawal does not apply to all products purchased to order. A "Purchased to Order" product is considered to be any product not directly in our warehouse but which must be ordered directly from the supplier. For example, products marked "Available in 10-15 days" are considered to be products.
APPLICABLE LAW
The sales contract between the customer and Bristart.com is deemed to have been concluded in Italy and is governed by Italian law. Unless otherwise stated, Italian law applies.
For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the customer is a consumer, i.e., a natural person purchasing the goods for purposes not related to their professional activity, or if the customer does not indicate a VAT number in the order, the local jurisdiction is that of the court of their municipality of residence; in all other cases, the local jurisdiction is exclusively that of the Court of Turin, where Bristart.com is headquartered.
INFORMATION ON THE PROCESSING OF PERSONAL DATA
SUBJECT: Information and request for consent pursuant to Articles 13, 23, and 26 of Legislative Decree No. 196 of June 30, 2003, regarding the protection of personal data.
Winternity S.a.s. hereby informs you, pursuant to Article 13 of Legislative Decree 196/2003, that:
1) the aforementioned Legislative Decree establishes a series of obligations for those who "process" (i.e., collection, recording, processing, storage, communication, dissemination, etc.) personal data relating to other individuals, requiring them to inform data subjects of their legal rights and the nature of the data processing;
2) The processing of your personal data requested and communicated by you will be carried out at Bristart.com's premises, in compliance with the principles of necessity and relevance, using procedures, including computerized ones, for legal and tax purposes, and for the performance of contractual obligations;
3) The data controller is Bristart.com. The data controller is domiciled for legal purposes at the company's headquarters. During such processing, the data controller and its representatives may become aware of the data, which will be processed in compliance with the obligations arising from privacy regulations and according to principles of fairness;
4) The processing will be carried out using manual and automated systems designed to store, manage, and transmit the data, with logic strictly related to the purposes of the processing, based on the data in our possession and with your commitment to promptly notify us of any corrections, additions, and/or updates;
5) Excluding communications and disclosures made in compliance with legal and contractual obligations, the data provided to the undersigned will be used solely for legal compliance;
6) The nature of the provision is strictly necessary in relation to the purpose of the aforementioned processing. Your provision of the aforementioned data is essential for the proper performance of the activities listed above;
7) Any refusal to provide such data will make it impossible to properly fulfill contractual and legal obligations, compromising the continuation of the relationship established between the parties;
8) You may exercise your rights towards the data controller at any time, pursuant to Article 7 of Legislative Decree 196/03, in particular:
- to know whether or not personal data concerning you exists and to have it communicated in an intelligible form;
- be informed about the data controller, the purposes and methods of processing, and any data processors, as well as the entities or categories of entities to whom personal data may be disclosed;
- obtain the updating, rectification, or integration of data;
- obtain the erasure, anonymization, or blocking of data;
- object to the processing of data for legitimate reasons, subject to the limitations established by law;
- object to the sending of advertising materials or for market research or commercial communications.
The full text of Article 7 of Legislative Decree 196/2003 regarding data subject rights is available on the Italian Data Protection Authority's website, www.garanteprivacy.it.
For any privacy-related inquiries, customers can contact us at: info@bristart.com