These conditions are valid exclusively between the company BOGARO and CLEMENTE, with registered office in via Grado 70, 34074 Monfalcone (GO), VAT number 00392420311, hereinafter referred to as B&C and any person who makes online purchases on the website www.bcbows .com hereafter referred to as the CUSTOMER. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force. These conditions govern the purchases made on the site www.bcbows.com, in accordance with the provisions of Part III, Title III, Chapter I , of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and the Legislative Decree 70/2003 on electronic commerce.
ARTICLE 1 - object of the contract
With these general conditions of sale, B&C sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.bcbows.com. The contract is concluded exclusively through the internet, by accessing the CUSTOMER at www.bcbows.com and making a purchase order according to the procedure provided by the site itself. The customer undertakes to read, before proceeding to confirm his order, these general conditions of sale, in particular the pre-contractual information provided by B&C included on this page. In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art.51 paragraph 1 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
Before the conclusion of the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of choice. Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed about: - total price of the goods including taxes, with the exclusion of shipping costs that will be communicated in a second telephone and email contact; - terms of payment; - the deadline by which B&C undertakes to deliver the goods; - conditions, terms and procedures for exercising the right of withdrawal (art.6 of these conditions) as well as the standard form of withdrawal referred to in Annex I, part B of Legislative Decree 21/2014.- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal; - existence of the legal guarantee of conformity for the goods purchased; - conditions of after-sales assistance and commercial guarantees provided by B&C. The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to B&C, the geographical address, telephone and fax number, e-mail address, information that is reported, also below:at any time and in any case before the conclusion of the contract, take note of the information relating to B&C, the geographic address, telephone and fax number, e-mail address, information that is reported, also below:at any time and in any case before the conclusion of the contract, take note of the information relating to B&C, the geographic address, telephone and fax number, e-mail address, information that is reported, also below:
- Bogaro & Clemente di Clemente Vittorio & C sas
- via Grado 70 34074 Monfalcone (GO) Italy Tel and fax: +39 0481 485161
- VAT no .: 00392420311
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by B&C to the CUSTOMER of an order confirmation email. The e-mail contains the CUSTOMER data and the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy. of these conditions. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to B&C. B&C undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the real product could be highlighted. In addition, the photographs and renderings of the products presented on www.bcbows.com do not constitute a contractual element, as they are only representative. B&C undertakes to deliver the goods within 30 days of B&C sending the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Availability of products
The availability of the products refers to the actual availability when the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before confirming the order. Even after sending the order confirmation e-mail sent by B&C, there may be cases of partial or total unavailability of the goods. In this event, the order will be automatically corrected with the elimination of the unavailable product and the CUSTOMER will be immediately informed by e-mail. If the CUSTOMER requests the cancellation of the order, terminating the contract, B &C will refund the amount paid within 14 days from the day B&C became aware of the customer's decision to terminate the contract.
ARTICLE 5 - Methods of payment
Each payment by the CUSTOMER can only be made by means of the credit cards indicated on the website www.bcbows.com or by bank transfer. In case of payment by credit card, the actual amount will be charged only when the order is complete and ready for shipment. The communications relating to the payment and the data communicated by the CUSTOMER when this is done take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 - Prices
All sales prices of the products indicated on the website www.bcbows.com are expressed in Euros and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before the payment is made. The CUSTOMER accepts the faculty of B & C to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of the creation of the order and indicated in the confirmation e-mail sent by B&C to the CUSTOMER . In the event of an IT, manual, technical, or any other error that may result in a substantial change, not foreseen by B&C, of the sale price to the public, which makes it exorbitant or clearly negligible, the order ofpurchase will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days from the date of receipt of the products. The CUSTOMER may also exercise the right of withdrawal by sending the standard withdrawal form, set out in Annex I, part B, Legislative Decree 21/2014 (not mandatory), the text of which is shown below:
Standard withdrawal form pursuant to art. 49, paragraph 1, lett. h) (complete and return this form only if you wish to withdraw from the contract)
Hereby I / we (*) notify / notify (*) the withdrawal from my / our (*) contract of sale of the following goods / services (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this form is sent in paper version)
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to B&C his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be sent back to B&C, via Grado 70 34074 Monfalcone (GO) Italy or delivered to our office at the same address. The direct costs of returning the products are borne by the CUSTOMER. The goods must be returned intact, complete in all its parts and complete with tax documentation. Without prejudice to the right to verify compliance with the above, B&C will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs. As expected byart. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, B&C can suspend the refund until receipt of the goods or until the CLIENT has demonstrated that he has sent the goods back to B&C. B&C will carry out the refund using the same means of payment chosen by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he will have to provide B&C with the bank details: IBAN, SWIFT and BIC necessary to carry out the refund.reimbursement using the same payment method chosen by the CUSTOMER during the purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he will have to provide B&C with the bank details: IBAN, SWIFT and BIC necessary to carry out the refund.reimbursement using the same payment method chosen by the CUSTOMER during the purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he will have to provide B&C with the bank details: IBAN, SWIFT and BIC necessary to carry out the refund.
ARTICLE 8 - Legal guarantee of conformity
In case of receipt of products that do not conform to the orders or are defective, the CUSTOMER has the right to restore the conformity of the product at no cost by repairing or replacing the product. The CUSTOMER can exercise this right if the defect occurs within two years of delivery of the goods and reports the defect to B&C within two months of discovery.
ARTICLE 9 - Commercial guarantee
All the products presented on the website www.bcbows.com benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a one-year commercial guarantee. To benefit from the warranty assistance, the CUSTOMER must keep the fiscal documentation.
ARTICLE 10 - Delivery methods
B&C will accept orders to be delivered anywhere in the world. The products will be sent by courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by B&C. For each order placed on the website www.bcbows.com, B&C issues an invoice for the goods shipped. The invoice is available and printable, after the order has been processed, in the "My account" space of the CUSTOMER. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the issuance of the invoice, it will not be possible to make any changes to the data indicated in it.
ARTICLE 11 - Responsibility
B&C does not assume any responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even if they depend on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the times foreseen by the contract. Furthermore, B&C assumes no responsibility for disservices caused by the couriers in charge of delivery.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the relative technology used remain the property of B&C and are protected by intellectual property rights.
ARTICLE 13 - Cookies
ARTICLE 14 - Integrity
These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and efficacy .
ARTICLE 15 - Applicable law and competent court
Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State. In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
General sales conditions updated on May 3, 2016