GENERAL CONDITIONS OF SALE
1.1 These General Conditions of online Sale (hereinafter "GCS") discipline the contract (hereinafter the "AGREEMENT") for the products sale (hereinafter the "PRODUCT" or "PRODUCTS") on the website www.Buy-me.it (hereinafter the "WEBSITE"), owned by Jonathan&Assist S.r.l. with legal office in Brescia, Via Fura no. 52, VAT and Tax ID Number 02130880988, registered at REA of Brescia with number 421217 (hereinafter "Buy-me"), and purchased online by the users of the WEBSITE (hereinafter the "CUSTOMER").
1.2 The articles 7. Right of withdrawal and 8. Products of the following GCS will be applied only and exclusively if the CUSTOMER qualifies as a "consumer" according to the article 3, paragraph 1, let. a), of the Legislative Decree no. 206 of 6 September 2005, i.e. "a natural person acting for purposes unrelated to their entrepreneurial, commercial, artisan or professional business potentially conducted."
1.3 The submission of an order regarding one or more PRODUCTS of the WEBSITE by the CUSTOMER implicates the acceptance of the current GCS by the same CUSTOMER.
2. GCS EFFECTIVENESS AND MODIFICATIONS
2.1 The GCS applicable to the sale of PRODUCTS are those ones published on the WEBSITE on the date of PRODUCTS order. The customer can easily save on a device and print the GCS.
2.2 The GCS can be modified and possible modifications and/or integrations will come into effect when published on the WEBSITE. Therefore, the CUSTOMER has to verify the publication of the most updated GCS periodically.
2.3 Some sale campaigns, according to the PRODUCTS specificity, can be subject to particular sale conditions in addition to these GCS. These special conditions, if any, will be accessible and viewable in the "description" section of the showcase area via a special link. Purchasing the PRODUCT of these sale campaigns, the CUSTOMER accepts, in addition to these GCS, the related particular conditions too.
3. Sale procedure
3.1 The PRODUCTS offer presented on the WEBSITE is subject to their effective availability.
The technical steps for the conclusion of the CONTRACT are the following:
- the CUSTOMER can access the WEBSITE to see and know the PRODUCTS offers, the offer duration if provided, the characteristics of the PRODUCT and its price including VAT;
- inside the WEBSITE the CUSTOMER can choose the PRODUCT to be purchased, also put in the virtual “cart”, which content will be accessible before the purchase and the payment; when completing the purchasing, the CUSTOMER will be able to select the shipping method and the preferred payment;
- to confirm the order, the CUSTOMER has to add the shipping address or, if required, select a “pick-up point” (MBE Center) and every other useful detail to complete the order, to guarantee right from the beginning the truthfulness of the inserted data; these datas can be modified until the final sending of the order, clicking on the “Buy Now” button.
Payment can be made by credit card, bank transfer or PayPal, unless otherwise specified. The CUSTOMER will be charged within 12 hours after the order and confirmation sending.
3.3 In case of multiple orders, you shall stipulate as many CONTRACTS as many ordered PRODUCTS. The effectiveness of each CONTRACT is subject to the effective availability of the PRODUCT, as specified in the following Art. 4.2.
3.4 The fundamental characteristics of the PRODUCTS, including the price with VAT and the shipping costs, can be seen and known by the CUSTOMER before the ending of the CONTRACT and the payment. In particular, the essential characteristics of the PRODUCTS can be seen getting in the PRODUCT data sheet where Buy-me, besides the description and the PRODUCT characteristics, will possibly publish some pictures and/or videos to uniquely present and describe the PRODUCT.
3.5 Once received the purchase order, Buy-me will forward the order confirmation to the CUSTOMER with a summary of the information related to the sale and will go on with the purchase order dispatching, except what is provided in Art. 4.2.
3.6 The prices indicated on the WEBSITE don’t include taxes and duties applicable in the country of destination of the products and/or services where this is different from Italy. These costs, different from country to country, depend on the CUSTOMER, who is due to verify the amount with the competent customs authorities. In response to a written request we will refund the CUSTOMER of the incurred costs.
4. RIGHTS AND OBLIGATIONS OF BUY-ME
4.1 Buy-me, except for what is provided in Art. 4.2, is committed to deliver the PRODUCTS at the address specified by the CUSTOMER in the purchase order or, if expected, at the “pick-up point” (MBE Center) selected by the CUSTOMER for the shipping, through the carrier in charge of the PRODUCTS transport. Buy-me cannot be responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. Buy-me cannot be responsible for late deliveries due to the CUSTOMER.
Buy-me performs deliveries throughout whole Europe within the EU territory, except for the cities of Livigno and Campione d’Italia (it is obviously excluded the Republic of San Marino territory). Delivery is made by courier; PO Boxes are not considered valid addresses for delivery purposes.
4.2 Buy-me reserve to communicate to the CUSTOMER, within 15 days from the purchase at the indicated email address, the possible unavailability of one or more purchased PRODUCTS. In this case, Buy-me will refund (on the credit card used for payment or bank account or Pay Pal info indicated when purchasing) the value and the shipping costs (the latter will be reimbursed only if related to the not-available PRODUCT). Exclusively on Buy-me proposal and prior agreement with the CUSTOMER, Buy-me can send a PRODUCT different from the ordered one but of the same value.
4.3 Prices of PRODUCTS sold on the WEBSITE are inclusive of VAT and Buy-Me reserves the right to modify them at any time. Any price changes of the PRODUCTS will not, however, be effective against the CUSTOMER who has already forwarded an order.
5 RIGHTS AND OBLIGATIONS OF the CUSTOMER
5.1 The CUSTOMER is the unique responsible for the truthfulness and correctness of the information and data provided to Buy-me, and, in case of registration, it agrees to immediately communicate any data changes included in the "My Account" section of the WEBSITE.
5.2 The CUSTOMER, on confirmation of the purchase order:
a) confirms to have read, understood and accepted the GCS;
b) confirms the truthfulness of the given datas and to be adult;
5.3 The CUSTOMER is committed, once the purchase procedure on the WEBSITE is completed, to provide the possibility to save an online copy and to allow the print of the CONTRACT and of the GCS, for the purposes of their conservation, as indicated in the precedent Art. 2.1.
5.4 The purchase receipt corresponding to the order will be sent to the CUSTOMER via e-mail automatically at the end of the purchase order.
5.5 At the moment of the PRODUCTS delivery to the CUSTOMER, by the carrier in charge of the transport, the CUSTOMER must check, in presence of the carrier:
a) that the quantity and type of ordered PRODUCTS is the same as indicated in the transport document;
b) that the packaging used for transportation is intact, not damaged, wet or otherwise altered, even only in the closing materials;
c) that the amount and type of delivered PRODUCTS corresponds to the order.
Any anomalies or deformity respect to the order must be immediately criticized to the carrier upon receipt of the PRODUCTS, using a special notation in the transport document.
5.6 For support or complaints relating to the purchased PRODUCTS, the CUSTOMER can contact Buy-me at the addresses indicated in the WEBSITE under "CONTACTS".
5.7 Buy-me does not sell wine or other alcoholic products to people under 18 years. The carrier in charge will not deliver the wine or other alcoholic products to people under 18 years, and may require an ID document to verify the age.
6. USE OF WEBSITE
6.1 Buy-me do not assume any responsibility for problems caused to the CUSTOMER using the WEBSITE and the technologies employed as independent of its will, such as, but not limited to:
a) errors, delays or inability to access to the WEBSITE by the CUSTOMER and for the execution of the sale procedure;
b) errors, delays or impossibility in the receipt, by the CUSTOMER, of communications sent by Buy-me in relation to the sale of PRODUCTS.
7. RIGHT OF WITHDRAWAL
7.1 The CUSTOMER has the right to end the AGREEMENT, without penalty and without giving any reason, within and no later than 14 (fourteen) days of the PRODUCT receipt at the indicated address for delivery. Full proof of receipt, the date on the transport document.
7.2 The CUSTOMER may exercise the right of withdrawal by informing Buy-me before the expiration of the withdrawal period by explicit declaration of the decision to terminate the CONTRACT sending it by mail (full proof is the postmark date) to Jonathan&Assist s.r.l. via Fura, 52 – 25125 Brescia, or by fax to the number 0039 0302429698, specifying your name, order number, date of order and date of PRODUCT receipt. Buy-me will communicate by e-mail to the CUSTOMER the confirmation of withdrawal receipt exercised by the CUSTOMER and possibly the confirmation of the impossibility to exercise his right in the cases provided by Art. 7.5.
7.3 In case of exercising the right of withdrawal, the CUSTOMER is required to return the PRODUCT to Buy-me. To this end it is stated that:
- The deadline for returning the PRODUCT is 14 (fourteen) days from the date of communication to Buy-me of the intention to withdraw from the CONTRACT. For the purpose of deadline reckoning, the PRODUCT means returned when it is delivered to the post office or other carrier acceptance;
- the substantial integrity of the PRODUCT to be returned is an essential condition for exercising the right of withdrawal;
- the expenses to return the item (including shipping costs, packing and packaging) to Buy-me are charged to the CUSTOMER, who must send the PRODUCT duly wrapped and packaged; Buy-Me will not accept damaged items, but only if kept in normal conditions, kept with the use of reasonable diligence. The CUSTOMER will put in the packaging a the copy of the transport document.
7.4 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of the GCS, Buy-Me will reimburse the sums paid by the CUSTOMER for the purchase of the PRODUCTS.
Buy-me will reimburse the CUSTOMER even the shipping costs relating to the returned PRODUCTS only where the CUSTOMER chose the less expensive shipment, if any; if it has been agreed with Buy-me a different type of shipping from the one offered on the WEBSITE the reimbursement is not provided of additional costs.
Refund will be free of charge, within 14 (fourteen) days from the date when Buy-me becomes aware of the right of withdrawal by the CUSTOMER via the same payment method used by the consumer. Buy-me will take care of the refund due to the CUSTOMER for the rendered item until receipt of the PRODUCTS or until the CUSTOMER has not proven to have shipped them.
Buy-me declines every responsibility for any delays in crediting, which depends on the bank, PayPal or the type of card used for payment.
7.5 According to Article. 59 paragraph 1 of the Legislative Decree no.206 of the 6 September 2005. (Consumer code), you cannot exercise the right of withdrawal, among others, in the following cases:
- for tailor-made PRODUCTS or clearly personalized;
- for PRODUCTS that, by their nature, cannot be returned because of the risk to deteriorate or expire rapidly;
- for PRODUCTS that are not suitable for return due to hygienic reasons or related to the protection of health and have been unsealed after delivery;
The right of withdrawal is applied to the PRODUCT purchased in its entirety; Therefore, if the PRODUCT is composed of more components or parts (i.e. the PRODUCT called "DeliYou") the right on withdrawal cannot be exercised only on part of the purchased PRODUCT.
8.1 The PRODUCTS descriptions on the WEBSITE correspond to what made available by Buy-Me suppliers. The presentation images and videos of PRODUCTS, for a more complete descriptive information, are published on the WEBSITE as an example and are merely representative, taking into account the fact that the images quality (i.e. in terms of the exact colour display) can depend on the software and tools used by the CUSTOMER at the moment of connection on the WEBSITE. For all the sold PRODUCTS it’s the producer responsibility to be responsible for the truthfulness and completeness of the packaging information. Buy-me is not responsible for the mismatch between the ordered PRODUCT and the PRODUCT description on the WEBSITE, if the mismatch results from errors in the description due to the supplier of which Buy-me was not and could not be familiar with the use of reasonable diligence.
Buy-me will offer, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of compliance with the terms and conditions set out in Articles. 128 et seq. of the Consumer Code.
In particular, in case of lack of conformity with respect to the description on the WEBSITE, the CUSTOMER shall be entitled to claim compensation if feasible or replacement of the PRODUCT with a compliant one if available. Alternatively, the CUSTOMER is entitled to a reduction of the price or termination of the CONTRACT. Upon receipt of the claim, if the CUSTOMER requires the replacement of the non-compliant PRODUCT Buy-Me will check the availability of the replacement PRODUCT (according to the specifications of the order) and, in case of non-availability, it will re-credit to CUSTOMER the whole cost in addition to shipping costs. Given the presence on the WEBSITE of some temporary sales campaigns, the replacement of the non-compliant PRODUCT is in no way guaranteed. The CUSTOMER may in any case directly request the return of the price paid for the PRODUCT (and shipping costs).
8.2 Buy-me is responsible when the lack ofconformity is shown within 2 (two) years from the delivery of the PRODUCT. The CUSTOMER forfeits his rights for any lack of conformity if no complaint Buy-me about it within a period of 2 (two) months from the date when he discovered the defect.
8.3 The legal guarantee of conformity is applicable only for the defects resulting from normal use of the PRODUCT. The rights arising from the legal guarantee of conformity may be exercised on condition that the PRODUCTS have been used correctly, with due diligence and in accordance with the intended use and as provided in the instructions enclosed, as well as on presentation by the CUSTOMER of the transport document received and indicating the order number. The costs related to the return of PRODUCTS due to the exercise of the guarantee will be charged to Buy-me.
9. APPLICABLE LAW AND JURISDICTION
9.1 These GCS, their validity, interpretation and execution are governed by the Italian law.
9.2 For any disputes the Court of Milan will be the only competent, in the event that the CUSTOMER was not a "consumer."