Supplier: the company Bercon srl with headquarters in Via Orzinuovi, 10 - 25125 Brescia (BS) - ITALY - VAT number and tax code 02419950981, (hereinafter referred to as the Supplier). Customer: the person identified by the data entered upon registration and acceptance of these general conditions (hereinafter referred to as the Customer).
Through the e-commerce service, the Supplier provides the Customer with a virtual shop from which it is possible to view and purchase magazines published by the Supplier. The Customer will be able to view the electronic catalog and offers of the Supplier and make purchases from the Supplier on the basis of these conditions of sale.
All contracts will be concluded directly by accessing the website corresponding to the address where the Customer can conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided. These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined "online" by the Customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance. The general conditions of sale can be updated or modified at any time by Bercon srl which will communicate them through the pages of the website. The Customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with Bercon srl, the general conditions of sale, including the payment conditions illustrated below, declaring that he has read and accept all the information provided.
TAll the sales prices of the products marketed are displayed and indicated on the website www.gomitolo.com, they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code. Shipping costs are excluded from the price of the product and, indicated separately, are charged to the customer. The validity of the prices indicated is always and only that indicated by the procedure at the same time as the order is sent to the Supplier. The Supplier is not responsible for taxes imposed by other countries.
The customer can pay by credit card through the PayPal circuit that protects purchases, protecting the credit card details that are never shared with the payment recipient. The purchase contract is finalized through the exact compilation and the consent to the purchase expressed through the accession given "online", subject to successful payment. Orders placed with payment by bank transfer must be received no later than 15 working days. If this threshold is exceeded, the order will be canceled.
Each order is marked with an order number and contains the indication of the date of forwarding to the system, the details of the items purchased, the shipping costs and the individual prices including VAT in Euros, the summary of the total costs including VAT. Receipt of the order in its information system does not bind the Supplier until the same has sent a specific written confirmation by e-mail to the address communicated by the Customer during the first registration phase.
The Supplier carries out shipments by express courier. Shipping costs and other charges possibly related to the transport and / or shipment of the products are calculated and detailed in the order confirmation or purchase invoice. Upon receipt of the goods at home, the Customer must verify the integrity of the package and the quantitative and qualitative correspondence with what is indicated in the accompanying document. The purchased goods will be delivered within the terms set out in art. 54 of Legislative Decree 205/06. No responsibility can be attributed to Bercon srl for delayed or non-delivery due to force majeure or unforeseeable circumstances.
The Customer undertakes and undertakes, once the "on line" purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Articles 52 and 53 of Legislative Decree 205/06. It is strictly forbidden for the Customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy. It is expressly forbidden to enter data of third parties. The Supplier reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. The Customer releases the Supplier from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the customer, being himself solely responsible for the correct entry.
The Customer has the right to communicate any problems (delivery errors, misunderstandings or delivery delays) to the e-mail address. If a product other than that object of the order and purchase has been delivered due to mere clerical error, the Customer has the right to obtain the replacement of the product, provided that the same represents the problem in writing (according to one of the methods described in this article) within and no later than five days from receipt of the product itself. In this case, the Supplier will replace the product once the delivered good has been returned and the condition of the goods has been checked, thus proceeding to resend the correct product. All items must be returned and sent to the headquarters of Bercon srl based in Via Orzinuovi, 10 - 25125 Brescia Bs– intact and in the same state in which they were received, with their original packaging. In this case, the shipping costs of the return and re-forwarding will be borne by the Supplier.
Pursuant to art. 64 of Legislative Decree 205/06, the customer can exercise the right of withdrawal and return the product received, in compliance with the terms and conditions set out below. The Customer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days from the day of receipt of the purchased product, by sending, within the aforementioned deadline, a written notice of withdrawal containing the order number and the specification of the code of the item to be returned, to be sent by registered letter with return receipt to the following address : Bercon srl with headquarters in Via Orzinuovi, 10 - 25125 Brescia. If the Customer has exercised the right of withdrawal in the manner referred to in the previous point, he must return the product no later than the fifteenth day following receipt of the product, by direct delivery and shipment by forwarding the product to Bercon srl with headquarters in Via Orzinuovi, 10 - 25125 Brescia. All costs for returning the products are charged to the customer. All items must be returned and sent to the headquarters of Bercon srl based in Via Orzinuovi, 10 - 25125 Brescia, intact and in the same state in which they were received, with their original packaging. In the event that all the conditions and obligations of the consumer provided for in the previous points have been respected, the Supplier will send an e-mail confirming acceptance of the return. Furthermore, the Supplier will reimburse the sale price according to the same payment method chosen by the Customer, net of the shipping costs incurred, less any costs related to the return incurred by the Supplier, with currency equal to the thirtieth day following the date on which the Supplier became aware of the Customer's exercise of the right of withdrawal. The actual time for refunding the sums paid by the Customer to the credit card for the purchase of the returned products depends on the institution that issued the card.
The Customer guarantees, assuming all responsibility and holding the Supplier harmless from any prejudicial consequence, that their data, provided upon acceptance of these general conditions, are true and allow to identify the true identity of the Customer.
The Customer also undertakes to immediately inform the Supplier in writing, including by e-mail, of any changes in the data provided. The Customer is also informed of the need to communicate a valid e-mail address to the Supplier in order to allow the Supplier to forward the order confirmations and any communication.
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 5, have an essential character, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the Supplier's right to take legal action for compensation for further damage.
The Supplier declines all responsibility for malfunctions, interruptions of services, degradation of performance whether or not these are due to force majeure or unforeseeable circumstances, when they are not directly attributable to the Supplier itself for its willful misconduct or gross negligence.
The Supplier assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the time agreed by the contract. The Supplier will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the aforementioned causes, as the Customer is only entitled to a refund of the price paid. The Supplier is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment, upon payment of the purchased products. The Supplier at no time during the purchase procedure is able to know the data of the Customer's credit card, who will transmit them directly to the payment service manager without intermediaries and to which it will be connected automatically, returning to the Supplier's site. at the end of the procedure.
The Customer accepts that the notification and communications relating to all online services (including those relating to purchase orders) are made by the Supplier in electronic format e-mail (electronic mail) and via Web service, acknowledges the full validity and expressly waives as of now to disclaim the content of the declarations sent and / or received in electronic format.
For all on-line services on the site, the connection costs charged by the Provider used by the Customer for the same connection to which the Customer must contact to obtain the necessary information are applied. The Customer, by electronically sending the confirmation of their purchase order, takes note of the above information and agrees to the processing of the personal data provided.
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "online" through the website www.gomitolo.com is subject to Italian jurisdiction. These general conditions are reported, although not expressly provided therein, in conjunction with the Civil Code and Legislative Decree 205/06. For any dispute between the parties regarding this it is agreed that the Court of Brescia will be competent.