GENERAL TERMS AND CONDITIONS OF THE ONLINE SALE SERVICE OF BV PRO SHOP srl
1. GENERAL PROVISIONS
1.1 These General Conditions of Use and Sale govern the methods and terms with which BV Proshop Srl, with registered office in Treviglio (BG) - Italy, via Pagazzano n.1, (the "Seller"), as the owner of the shop online at www.bvproshop.com (hereinafter "bvproshop" or "Online Store"), grants Users the right to browse the Online Store and purchase the Products presented in the catalog online.
1.2 Purchases are understood to be made by any natural person qualifying as a consumer (the "Customer") - that is, a natural person who concludes a Purchase Agreement for the satisfaction of needs of daily life unrelated to business or professional activity (in accordance with the provisions of the III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005) - on the e-commerce site bvproshop.com.
1.3 The Seller reserves the right not to process orders from subjects not falling within the legal definition of "consumer". In any case, if the buyer does not qualify as a consumer, the Purchase Agreement will be governed by Italian law, with the exception of the 1980 Vienna Convention on the international sale of goods.
1.4 Orders can only be placed by users of age and who are not in conditions of legal incapacity.
1.5 The language in which the Contract is concluded is Italian. In the event of a conflict between the versions of the General Conditions prepared in a language other than Italian and accepted by the Customer, the meaning and interpretation of the General Conditions in Italian prevail.
1.6 For the use of the Online services it is necessary to have an Internet connection, the costs of which are borne by the User, according to the terms established by their provider. The equipment (tablets, computers, smartphones, applications, other means of telecommunications, etc.) that allow access to the Online Store, as well as the necessary telecommunications costs, are the sole responsibility of the User. BV Proshop expressly informs the User that, if an update of the Service requires changes in the User's software or equipment, these must be made in full at the User's care and expense.
For the purposes of these Contractual Conditions for:
- "Store Online" means the online store corresponding to the web address www.bvproshop.com also indicated below, bvproshop.
- "Item (s)" means any product or consumer good sold through the Online Store
- "Sales Agreement" means the agreement between the User and BV Pro Shop for the online sale of the Item.
- "General Conditions of Service and Sale", means these General Conditions of Contract - as well as subsequently amended or supplemented - together with the relative attachments and other information published on the Portal, which are an integral and substantial part thereof, with which it is governed the supply and sale of goods between BVproshop and the User; hereinafter referred to as "GCS".
- "Working days" means weekdays, excluding Sundays and national or local holidays during the week.
- "Parties" means the User / Buyer and the Seller who correspond to the subjects who enter into the Contract.
- "User or Purchaser" means the natural or legal person who, after correct and truthful registration of their Data and payment of the consideration, as indicated in these Conditions, purchases the goods in the Store.
- "Seller" means the Seller of the Products, who is a contractual party with the Customer pursuant to these General Conditions of Sale (GCS), is BV Pro Shop srl, based in Treviglio, via Pagazzano n.1
- "Consumer", means pursuant to and for the purposes of art. 3 of the Consumer Code - the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
- "Consumer Code", means the Legislative Decree 6.9.2005, n. 206 and subsequent amendments
- "Website or Site" means the Website called www.bvproshop.com
The terms defined in the singular have the same meaning in the plural and vice versa.
3. IDENTIFICATION OF THE SELLER
3.1 The goods covered by these general conditions are offered and offered for sale on the Online Store www.bvproshop.com the Online Store, including the domain name, is managed by BV Pro Shop Srl, as a Seller, registered with the Chamber of Commerce of Bergamo, Italy at no. Rea 434123 Business Register, Tax Code and VAT no. 04087030161, with registered office in Treviglio (BG) via Pagazzano n. 1; hereinafter referred to as BV Pro Shop.
4. SCOPE OF APPLICATION OF THE GCS
4.1 "Online" sales contract means the distance contract, that is the legal transaction having as object the sale of movable goods and / or services, stipulated between the supplier, B.V. Pro Shop and a consumer / Customer, in the context of a distance selling system organized by the supplier who, for this Contract, exclusively uses the remote communication technology called Internet
4.2 These GCS govern the use of the Online Store B.V. Pro Shop by the User. By placing an order through the online store, the User accepts the application of the General Conditions.
4.3 The GCS, which have value with the specificities indicated for all the geographical areas from which it is possible to place orders and to which shipments are active, can be changed at any time. Where local legislation provides for mandatory contractual conditions that are more favorable to the consumer, those conditions will prevail if better than those referred to in these GCS.
4.4 These general conditions, which are valid for the consumer from the date of confirmation of the order that will be placed, are an integral and essential part of the sale of the Products offered by B.V. Pri Shop S.r.l. through its website www.bvproshop.com; they may be updated or modified at any time by B.V. Pro Shop S.r.l. who will notify the User through the pages of the website.
4.5 The GCS applicable to the Contract between the Customer and B.V. Pro Shop are those in force on the date of transmission of the purchase order by the Customer, as published on the Site. For new contracts, they can be changed at any time; any changes and / or new conditions will be in force from the moment of their publication on the Site. Before the conclusion of each Sales Agreement, the Customer is therefore invited to regularly access the Site to check for any changes and / or updates to the GCS. Any changes and / or new conditions will be effective from the moment of their publication in the "General Conditions" section of the Online Store. For this reason, users are invited to check the publication of the most updated GCS. 4.6 These General Conditions of Sale do not regulate contracts concerning the sale of Products and / or the provision of services by parties other than BV Pro Shop that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, the Customer is advised to check the conditions of sale applied by the aforementioned third parties; Under no circumstances can BV Pro Shop be held responsible for the supply and execution of services covered by contracts concluded between the customers of BV Pro Shop and third parties.
4.7 BV Pro Shop does not carry out any checks on the websites belonging to third parties, which can be consulted through links contained within this Site. BV Pro Shop cannot, therefore, be held responsible for the content of the websites of third parties, as well as of any errors, omissions and violations of law contained therein.
4.8 The commercial proposal for the purpose of selling the Products through the website www.bvproshop.com constitutes an offer to the public pursuant to art. 1336 of the Italian Civil Code; the sale of the Products published on the Internet site, in one with the consequent purchase, constitutes a distance contract with the consumer carried out "Online" and, therefore, governed by Legislative Decree 6 September 2005, n. 206 (articles 45 and following of the Consumer Code), as amended by Legislative Decree 21/2014 as well as by Legislative Decree 9 April 2003, n. 70 relating to electronic commerce, and subsequent amendments.
4.9 For any further information and / or clarification required, as well as for communications resulting from the sale of the "Online" Products, the consumer may contact B.V. Pro Shop S.r.l. at the telephone number +39 3388268928, or by sending a communication via e-mail to the e-mail address infovproshop.com. The aforementioned references may also be used as part of the exercise of the right of withdrawal as well as to report any lack of conformity of the product sold.
5. REGISTRATION TO THE ONLINE STORE
5.1 The Online Store is reserved exclusively for users who have reached the age of 18 and who expressly declare that they are final consumers as defined by art. 3, co. 1, lett. a) of the Italian Legislative Decree 206/2005 ("Consumer Code") and intend to make the purchase for purposes unrelated to the commercial, craft, entrepreneurial or professional activity exercised. In case of purchases on BV Pro Shop by professionals, retailers or wholesalers and, in general, by subjects who intend to purchase the Products offered for sale in the Online Store for the purpose of subsequent resale, or related to their business activities with the sale of the B2B (Business to Business) type, the sale cannot in any case be considered made to the consumer and therefore the legislation of the civil code will be applied (with particular reference to the product guarantee and the terms of reporting defects)
5.2 BV Pro Shop reserves the right not to accept orders where, at the sole discretion of BV Pro Shop, they are anomalous in relation to the quantity of Products purchased or the frequency of purchases made on the Online Store. BV Pro Shop reserves the right to cancel users who are not consumers or who have not completed the insertion of some requested data.
5.4 The Site allows each Customer to browse and make purchases, with or without registration on the Site. Registration on the Site is free. To register, the User must complete the registration form, entering name, surname, e-mail address, password and click on "Submit" at the bottom of the form. Registration will be confirmed by e-mail to the Buyer. In the event of a B2B sale, the Customer will be asked to fill in the following data: company name, VAT number, and SDI code.
5.5 The registration credentials must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no one has access to them. He must immediately inform BV Pro Shop in case of suspected misuse and / or disclosure of the same.
6. PROCEDURE FOR ISSUING ORDERS AND CONCLUSION OF THE SALES CONTRACT
6.1 The Contract between BV Pro Shop and the Customer is concluded, through the Internet, after having accepted the GCS, by accessing the Customer Online at www.bvproshop.it where, following the procedure indicated below, the same will come to formalize the proposal for the purchase of the Products in the Online Store.
6.2 The procedure for the conclusion of the Sales Agreement is available only in Italian and can always be corrected, modified and canceled until the order is sent.
6.3 The Customer must observe the following procedure for the conclusion of the Sales Agreement:
- access the website www.bvproshop.it;
- select the Products you intend to purchase, adding them to the "Cart", and complete all subsequent pages according to the specific instructions provided; subsequently, with the order confirmation, electronically transmit the page with all the personal data requested and the purchase order to BV Pro Shop;
- indicate if you want to request an invoice and if so, for the purpose of issuing the electronic invoice pursuant to Legislative Decree 5.8.2015, n. 127, indicate - if the Customer acts as a consumer and does not have a VAT number - the tax code, date and municipality of birth; if the Customer is the holder of a VAT number, he must indicate the VAT number, his certified email address and / or the recipient code provided by the Revenue Agency for receiving the electronic invoice;
- the order page contains and a summary of the information on the main characteristics of each ordered Product and the relative price (including VAT), the type of payment chosen by the Customer for the purchase, the conditions and times for the delivery of the Products ( better specified in the following points of these General Conditions) as well as the contributions required for delivery and transport, the reference to the general terms and conditions for the return of the purchased Products;
- before proceeding with sending the order, the Customer will be able to check the data entered by the same and correct any errors that occurred while completing the order form; the Customer must read these General Conditions of Sale, which he is allowed to reproduce and store, it being understood that he may, at any time, request a copy from BV Pro Shop for personal use;
- before confirming an order, the User must first have logged in to his account or, if the User does not have an account, he can provide all the data necessary for processing the order by following the procedure.
- an order will be considered sent when BV Pro Shop receives the order proposal in electronic format, using the above procedure.
6.4 The Sales Agreement is concluded following the correct completion by the User of the order form, the execution of the payment and the subsequent sending to the User by BV Pro Shop of the order confirmation form and payment via email, always after viewing a web page of confirmation and order summary, printable, which shows the details of the ordering party and the order, the price of the purchased item (s), the costs of shipping and any additional accessory charges, payment methods and terms, the address where the Item / s will be delivered, delivery times and the existence of the right of withdrawal.
6.5 The customer, by electronically sending the confirmation of their purchase order, made by clicking at the end of the order on the "order confirmation" button unconditionally accepts and undertakes to observe, in its relations with B.V. Pro Shop, the general conditions of sale as well as the payment methods as illustrated below, declaring to have read and accepting all the information provided to him pursuant to the aforementioned rules, also obliging himself to pay the price and other amounts indicated.
6.6 The sales contract is not considered concluded and, therefore, will not be binding on the parties, in the absence of what is indicated in the previous points.
6.7 BV Pro Shop reserves the right to refuse any orders for any reason. BV Pro Shop also reserves the right to cancel any purchases (an order already accepted by BV Pro Shop) in the presence, among others, of the following conditions, without thereby being held liable for any damage and / or costs (in in this case, the Contract must be considered terminated by mutual consent):
- the Item is not available / in stock (any payments will be refunded), if only a part of the Items indicated in the order are available, BV Pro Shop will contact the User to ask him if he intends to cancel the order or is willing to receive what is available; in this case the User will be charged only the amount relating to the Items that he will receive or refunded in the event that the payment has already been made.
- the billing data transmitted by the User are not correct or not verifiable, in this case the Customer can contact the Seller at the addresses indicated in point 4.9 .;
- the order is marked by the security systems as an "unusual order" or as an "order susceptible to fraud";
- payment by bank transfer is not received within 5 consecutive days from the acceptance of the User's order;
- BV Pro Shop has reason to believe that the order was placed by a child under eighteen (18) years of age;
- the Item has been incorrectly priced;
- BV Pro Shop cannot deliver to the delivery address indicated.
In the cases mentioned above, the Customer will be informed by e-mail that the Sales Agreement has not been completed for the reasons that will be specifically indicated.
6.8 It is not possible to make changes to the order once an order has been placed. BV Pro Shop reserves the right to evaluate whether to accept any requests for cancellation of the order received before the shipment of the Products to the Buyer.
6.9 The sales contract stipulated between BV Pro Shop and the Customer must be considered concluded with the acceptance, even if only partial, of the order by BV Pro Shop.
6.10 BV Pro Shop reserves the right to postpone the shipment if the order is unable to be shipped in a single shipment. Orders placed separately will be shipped separately.
6.11 Orders to be accepted by the BV Pro Shop. must have as their object purchases of a total value equal to or greater than Euro 25.00, net of any discounts due to the Customer
6.12 Pursuant to art. 12 of Legislative Decree 70 of 2003, BV Pro Shop. informs the Customer that each order sent is stored in digital or paper form at its headquarters, according to criteria of confidentiality and security. The Customer may at any time request a copy from BV Pro Shop.
7. PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER -ART 49 OF Legislative Decree 206/2005
Before the conclusion of the Purchase Agreement, the Customer examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the Customer's choice. Before the conclusion of the Purchase Agreement and before sending the order, the Customer is informed about:
- identification of the Seller;
- total price of goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the term within which BV pro Shop undertakes to deliver the goods;
- the conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions), as well as the model withdrawal form referred to in Annex I, Part B of Legislative Decree 21/2014;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees provided.
8. AVAILABILITY OF PRODUCTS
8.1 BV Pro Shop ensures through the telematic system used, the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the Products available and those not available, as well as the shipping times.
8.2 The availability of the Products refers to the moment in which the Customer consults the product data sheets and must be considered purely indicative since, due to contemporaries acquired on the Site, the Products initially indicated as available may be unavailable, upon confirmation of the 'order.
8.3 BV Pro Shop cannot be held responsible for the temporary or definitive unavailability of one or more Products at the time of delivery, it being understood that the Seller will refund the Customer the price of the Products actually not delivered.
8.4 If an order exceeds the quantity existing in the warehouse, BV Pro Shop, by e-mail or telephone, will notify the Buyer if the goods are no longer available or, alternatively, what are the waiting times to obtain the goods. chosen, asking if you want to confirm the order or not.
8.5 The order form will be filed in the BV Pro Shop database for the time necessary to process the order and, in any case, in accordance with the law.
8.6 BV Pro Shop reserves the right to refuse orders from users who do not give sufficient guarantees of solvency or with whom there are pending disputes.
8.7 In the event of temporary or definitive unavailability of the ordered product or in the face of impossibility of supervening delivery of the same, BV Pro Shop will promptly notify the Customer within 10 days of receiving the order, who is entitled to terminate the Contract, without prejudice to any right to compensation for damage pursuant to and by effect of art. 61, paragraphs 4 and 5 of the Consumer Code. If the payment has already been made, the order will be automatically corrected with the elimination of the unavailable product and BV Pro Shop will refund the total amount paid by the User - consisting of the purchase price, shipping costs and from any other possible additional cost - immediately and in any case within the term of 14 (fourteen) days from the day after the order is sent. The refund amount will be communicated via e-mail credited through the same payment methods used by the Buyer for the purchase.
8.8 Without prejudice to the right to termination and as an alternative to the same, the consumer may in any case opt either for the delivery of the chosen product at a later time or request the delivery of another product of equivalent or greater value. In this second case, the consumer will pay the difference in the cost price with the same methods chosen for the purchase of the product.
8.9 In the case of orders relating to a plurality of Products ("Multiple Order"), if the unavailability concerns only some of the Products covered by the Multiple Order, BV Pro Shop will notify the Customer as soon as possible by e-mail. The Contract of Sale must be considered partially terminated limited to the Product and / or Products that have become unavailable, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, 4th and 5th paragraphs, of the Consumer Code. In this case, the Customer will be entitled to obtain a refund limited to the unavailable Product (s).
8.10 Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the credited amount will be the same as the debit.
All sales prices of the Products displayed and indicated in BV Pro Shop are expressed in euros (€), inclusive of all taxes charged to the consumer and constitute an offer to the public pursuant to art. 1336 of the Italian civil code.
9.1 The price of the goods is indicated in the descriptive sheets of each product and is expressed in Euro including VAT, where due. It should be noted, however, that within the offer relating to individual Products, both the taxable amount and the corresponding VAT will be expressly reported, in addition to the final price.
9.2 All the prices indicated on the Online Store do not include shipping costs and any additional charges (e.g. cash on delivery or customs clearance costs, gift wrapping), which may vary both in relation to any delivery methods chosen and in relation to the method of payment of the product indicated by the User.
9.3 Any additional costs and shipping costs are indicated and calculated at the conclusion of the purchase process and before payment is made; The User will then be informed about the shipping costs and any other expenses, which must be authorized by the User upon confirmation of the order and contained in the summary page of the order placed.
9.4 BV Pro Shop reserves the right to change the price of the Products, at any time and, possibly, several times during the same day, without prior notice, it being understood that the price charged to the Customer will be the one published on the present product sheet. on the Site at the time the order is placed, and indicated in the order confirmation e-mail and that any changes (increase or decrease) subsequent to the transmission of the same will not be taken into account, even for promotions that may have occurred subsequently.
9.5 The Products will remain the property of BV Pro Shop until the payment by the User of the purchase price, shipping costs and any other possible additional cost in Euro currency.
9.6 The prices indicated on the Online Store and / or in the advertisements may be subject to changes on the initiative of BV Pro Shop without prior notice. The prices in Euro indicated in the order confirmation sent to the e-mail address indicated by the User in accordance with the previous articles must be considered binding, where the prices indicated in the order confirmation are higher than the prices shown on the Online Store. BV Pro Shop is not bound by offers and reserves the right to cancel orders in the event of incorrect or changed prices.
9.7 Any discounts and balances, offers and promotions published on BV Pro Shop may have a limited and different duration depending on the geographical area from which the User connects. The validity date of these offers is indicated on the Online Store and communicated to the User by e-mail with the notice of the start of the sales.
9.8 For all customers who request it, the electronic invoice issued by BV Pro Shop will be made available on the Site in the Customer's Reserved Area, as well as in a reserved area of the Revenue Agency website; BV Pro Shop will provide instructions for accessing the reserved area of the Revenue Agency website. As of 1st January 2019 BV Pro Shop. issues an electronic invoice to the Customer through the Exchange System made available by the Revenue Agency. To this end, when executing the purchase order, the Customer is required to communicate the data indicated in the previous art. 4.2. Pursuant to art. 1 c. 3 ° of Legislative Decree 5.8.2015, n. 127, the Customer who acts as a consumer, without a VAT number, has the right to renounce the electronic copy of the invoice. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
10. METHOD OF PAYMENT AND REFUND
10.1 Any payment by the User may only be made by means of one of the methods indicated on the appropriate page on the BV Pro Shop Online Store, which will also be indicated in the phase preceding the confirmation of the order by the Customer.
10.2 Any refund to the User will be credited in a timely manner using the same payment methods used by the User for the purchase. In case of exercising the right of withdrawal, as governed by art. 15 of this Agreement, the User must notify BV Pro Shop no later than 14 (fourteen) days from the date of receipt of the shipment.
10.3 The User must make payments using only the following payment methods and others indicated on the website:
By bank transfer - The Buyer can use the bank transfer as an electronic payment method from their bank account to finalize the order. The bank details and the order number will be sent to the User via the automatic order confirmation e-mail. Please transfer the total amount immediately after placing your order or no later than 48 hours later, indicating the order number in the reason for payment. Any bank and bank transfer fees will be charged to the customer. BV Pro Shop, only after verifying that the credit has been credited to your bank account, will confirm this to the Buyer indicating the start of shipment of the product (s). If no credit is received within 5 working days, BV Pro Shop reserves the right to cancel the order upon notification to the User. If the User has already made the transfer but one or more items are no longer available, BV Pro Shop will re-credit the difference by bank transfer and will proceed to send the available items. The amount of any returns will be refunded with payment to the bank account from which the payment of the order was made upon requesting the IBAN to the User.
10.4 In the event of an invoice request, the Purchaser must mark the appropriate "Invoice request" box at checkout indicating all the data for correct invoicing as indicated in point 8.4. (VAT number / Tax Code, SDI). It will not be possible to request an invoice after the payment has been processed.
10.5 For payments made by credit card, the actual amount of the order will be charged at the time the order confirmation is sent by BV Pro Shop.
10.6 All orders, before being processed, are subjected to authenticity checks directly by the relative credit card issuers, to protect the Customer. If, for any reason, it is not possible to debit the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 of the Italian Civil Code The Customer will be informed by e-mail communication.
10.7 The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
11. TIMES AND METHOD OF DELIVERY
11.1 BV Pro Shop will deliver the Products selected and ordered, in the manner chosen by the User or indicated on the Online Store at the time of the order, as confirmed in the confirmation e-mail and after having received the relative payment.
11.2 BV Pro Shop aims to serve the User in the shortest possible delivery time. If BV Pro Shop fails to ship the Article within 30 (thirty) days from the order, the User will have the right to withdraw from the purchase agreement, with the right to have only the amount paid back. The foregoing will not apply if the parties agree on a different delivery term.
11.3 The delivery times of each product will be specifically indicated during the purchase procedure and, in any case, before the completion of the same.
11.4 Deliveries will be made by courier, or with collection by hand where foreseen and possible, from Monday to Friday, excluding national holidays. BV Pro Shop reserves the right to use different delivery methods.
11.5 Delivery is considered completed when the product is made available to the User at the delivery address specified in the order form. There is no delivery to the floor or by appointment.
11.6 In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will make another delivery attempt, after which the package will go into storage and BV Pro Shop will be notified of this circumstance. At this point the Customer Care BV Pro Shop will contact the Buyer in order to unblock the stock, asking him whether to try a new delivery or return the goods to the sender. The recipient will be notified via SMS or e-mail if such data will be provided by the customer himself in the shipment registration form. If necessary, BV Pro Shop may agree with the User to change the delivery address. It should be noted that the related costs for any change of destination for sending the goods, compared to what was initially reported in the form by the User, may be charged to the customer. In the event that the delivery attempt following the contact by BV Pro Shop also fails or if the User does not respond to the contact attempt, the package will be returned to BV Pro Shop and the User will be notified of this circumstance by e-mail. The User acknowledges that, after thirty days from when the package is returned to BV Pro Shop, the Contract will be considered terminated due to the impossibility of delivery due to the Buyer's fault and the purchase order canceled pursuant to art. 1456 of the Italian civil code.
11.7 Once the Contract is terminated, BV Pro Shop will refund the total amount paid by the User, less the costs of unsuccessful delivery, storage and return of the product. The termination of the Agreement and the amount of the refund will be communicated to the User by e-mail. The refund amount will be credited using the payment solution made by the User for the purchase.
11.8 In the event that, before the expiration of 30 (thirty) days, the User requests to receive the purchased product again, BV Pro Shop will proceed with the new delivery, subject to charging, in addition to the costs of the same, the costs of returning the product to BV Pro Shop.
12. LIMITATIONS OF LIABILITY
12.1 BV Pro Shop assumes no responsibility for inefficiencies attributable to force majeure that prevent the execution of the order within the time stipulated in the Contract (including, by way of example only, natural events or disasters, terrorist acts, strikes, blackouts) .
12.2 BV Pro Shop will not be liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
12.3 BV Pro Shop will also not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the Contract for reasons not attributable to him, having the User only entitled to the full refund of the price paid and any charges. supported accessories.
12.4 In no case can the User be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by BV Pro Shop. However, BV Pro Shop will not be responsible for delays in receiving payments attributed to payment systems managed by third parties and consequently will have the right to delay the order confirmation until the actual confirmation of receipt of payment.
12.5 BV Pro Shop assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the Products purchased, if you can prove that you have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
12.6 The illustrations, descriptions, technical specifications and colors of the Products published on www.bvproshop.com are absolutely not binding and may differ from the real ones due to the settings of the computer systems and / or computers used by the User for their display, and are subject to change without notice from the manufacturer or retailer. BV Pro Shop undertakes to correct all errors in the description of the Products offered in the online Store, in the shortest possible time, starting from the notification of the same. The reporting of such errors can be made by contacting BV Pro Shop by e-mail: email@example.com
No responsibility can be charged to Bv Pro Shop due to delays in delivery attributable to the transporter / courier in charge. The Products are packed with resistant materials suitable to ensure optimal protection during transport. The Customer must always accept the goods with "control reserve" even if the packaging is apparently intact while in the case of receipt of goods with evident tampering and / or breakage of the packaging, the Customer must indicate it personally and in detail on the delivery receipt of the courier. Having ascertained the presence of damage caused by transport, the Customer is required to report it to Bv Pro Shop within 5 (five) days of receipt of the goods by e-mail, complete with photographic documentation of the packaging and damaged goods.
13. LIABILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS
13.1 Pursuant to art. 114 and ss. of the "Consumer Code", the producer of the raw material and / or the manufacturer of the finished product or one of its components are responsible for the damage caused by defects in its product. BV Pro Shop is responsible for the damage caused by defects in the sold goods if it fails to communicate to the Damaged party, within 3 (three) months from the request, the identity and address of the manufacturer or of the person who supplied him with the good.
13.2 The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists (pursuant to Paragraph 2, art. 116 of the "Consumer Code")
13.3 BV Pro Shop cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, it still did not allow to consider the product as defective.
13.4 No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
13.5 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage. 13.6 The injured party may request compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
14. LEGAL GUARANTEE OF CONFORMITY AND METHOD OF ASSISTANCE
14.1 Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (articles 128-135 of the Consumer Code) BV Pro shop guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date delivery of the Products to the Customer. This guarantee is reduced to 12 months if the purchase is made by the non-consumer subject to the terms of the consumer code.
14.2 For the purposes of this Agreement it is assumed that consumer goods comply with the Agreement if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller by the latter at the time of the conclusion of the Contract and which the Seller has also accepted for conclusive facts.
14.3 In case of receipt of Products that do not comply with the Sales Agreement, pursuant to art. 129 and ss. of the Consumer Code, the Customer loses all rights if he does not report to BV Pro Shop. the lack of conformity within two months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
14.4 In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 (six) months from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
14.5 In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, or a reduction in the purchase price or the termination of this Contract of sale, to unless the request is objectively impossible to satisfy or is excessively burdensome for BV Pro Shop pursuant to art. 130, paragraph 4, of the Consumer Code.
14.6 The request must be sent in writing, by registered letter with return receipt. or email to firstname.lastname@example.org, to BV Pro Shop, which will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within 7 (seven) working days of receipt. In the same communication, where BV Pro Shop has accepted the Buyer's request, it must indicate the shipping or return methods of the goods as well as the deadline for the return or replacement of the defective goods.
14.7 If the repair and replacement are impossible or excessively expensive, or BV Pro Shop has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience the Purchaser may request, at his choice, an appropriate reduction in the price or the termination of the Contract. In this case, the Buyer must send his request to BV Pro Shop, which will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 (seven) working days of receipt. In the same communication, where BV Pro Shop has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Buyer's responsibility to indicate how to re-credit the amounts previously paid to BV Pro Shop.
14.8 The Seller indicates that the repair or replacement times are related to the response times of the suppliers. BV Pro Shop reserves the right to contact the suppliers of the Products before confirming to the User any repairs / replacements / price reductions to check the availability of the Product manufacturer, the warranty and the methods of managing defective Products.
15. BUYER'S OBLIGATIONS
15.1 The User undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract.
15.2 The User undertakes, once the online purchase procedure has been completed, to print and keep this Agreement (GCS).
15.3 The User undertakes to promptly notify BV Pro Shop of any changes of address and / or transfer of headquarters. Failure by the User to communicate this change of address and / or transfer of headquarters will remain entirely at the User's expense and risk. As long as any change of residence and / or notices of transfer are not communicated, the User will be considered domiciled at the address indicated by the same at the time of the order and the User will remain responsible for the ordered Item.
15.4 The information contained in this Agreement (GCS) has, however, already been viewed and accepted by the User, who acknowledges it, as this step is made mandatory before confirming the purchase order.
15.5 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. B.V. Pro Shop S.r.l. reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
15.6 The Client indemnifies B.V. Pro Shop S.r.l. from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, being the Customer himself solely responsible for the correct insertion.
16. RIGHT OF WITHDRAWAL - RETURNS AND REFUNDS
16.1 Pursuant to and for the purposes of Articles 52 and following of the Consumer Code, as amended by Legislative Decree 21/2014, the consumer is granted the right to withdraw from the remote contract or contract negotiated away from business premises, without indicating the reasons and / or reasons and without any penalty, within the term of 14 calendar days ("Withdrawal Period"). The Withdrawal Period expires after 14 days:
• in the case of an order relating to a single Product or more Products with a single delivery, 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 Products;
16.2 The right of withdrawal referred to in this article is excluded in relation to the Contract of Sale concerning sealed goods that are not suitable to be returned for hygienic reasons or related to health protection, which are likely to deteriorate or expire rapidly and have been opened after delivery, as well as to customized products and bearing changes expressly requested by the User.
16.3 If the Purchaser decides to exercise the right of withdrawal, he must notify BV Pro Shop by registered letter to the following address: BV Pro shop srl, via Pagazzano n.1, 24047 Treviglio (BG)) or to the following e- mail: email@example.com, before the Withdrawal Period expires. To this end, the Customer can use the specific contact form available in the Online Store, Contact section and, in any case, downloadable at the following link: form for the exercise of rights regarding the protection of personal data or make use of communication with similar content from send to BV Proshop, at the addresses indicated in this paragraph.
16.4. The Customer has exercised his right of withdrawal within the Withdrawal Period if the withdrawal declaration is sent by the Customer before the expiry of the Withdrawal Period. Since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests with the Customer, it is in the Customer's interest to make use of a durable medium when communicating his withdrawal to BV Pro Shop
16.5. Following the submission of the form, the User will receive by email from the Customer Service the authorization to proceed with the return, the return code to be mentioned in all future communications necessary for the return of the package (Delivery note - Form of Return), the cost of the return and the procedure to follow to book the courier collection. 16.6 The User must provide, subject to the authorization of the BV Pro Shop Customer Service and no later than 14 (fourteen) calendar days from the date of receipt of the goods, for the shipment of the purchased product (s), suitably protected. / i and possibly packaged in the original packaging, accompanied by / the original tag and any accessories of the product (protective bags, spare parts, warranty ...).
The deadline is met if the Customer sends the Product before the expiry of the 14-day period.
16.7. It should be noted that no cost will be charged against the exercised withdrawal as a consequence of exercising this right.
16.8 It should be noted that, pursuant to art. 67, paragraph II, of the "Consumer Code", the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The Products, therefore, must not have been used or damaged or altered. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation including the original labels which must still be affixed to the garment. If the conditions of withdrawal referred to in this article are not all or in part satisfied, BV Pro Shop reserves the right to refuse the withdrawal, and therefore the right to return the Product to the User, after payment by the User. of the additional shipping costs.
16.9 The refund amount will be communicated via e-mail and credited with the same payment methods used by the Purchaser for the purchase, with the exception of those means of payment, indicated in the phase prior to the confirmation of the order, for which this method of return is applicable. In such cases, the Customer must promptly communicate in writing (preferably in the same notice of withdrawal) the bank details at which BV Pro Shop will make the payment of the reimbursement. If the recipient of the Products indicated in the order form is different from the person who paid the price, the refund will be made by BV Pro Shop. in favor of the latter
16.10 Any costs incurred for delivery and cash on delivery will not be reimbursed. In the event of a return, the re-credited amounts will correspond to the price paid by the User (list prices net of any discounts if the order was made using promotions, discount codes or in periods of balance) following the methods indicated for each payment method used.
16.11 With the receipt of the communication with which the Purchaser declares the exercise of the right of withdrawal, the Parties to this Agreement are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
16.12 Personalized items cannot be returned or replaced, except for rights related to the product warranty.
17. CAUSES FOR TERMINATION
17.1 The obligations referred to in point 15, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in Article 10, and also the exact fulfillment of the obligations assumed by BV Pro Shop Article 13 and 14, are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force majeure, will result in the legal termination of the Contract pursuant to art. 1456 of the civil code, without the need for a judicial ruling. The effects of the termination will be produced after 15 days from receipt of the registered letter with return receipt or pec in which the non-fulfillment to the other party is complained of and in the absence of fulfillment of the obligation within the same term.
18.1 The data provided by the User is collected and processed by BV Pro Shop as an independent Data Controller for the provision of the requested services. The data will be processed mainly electronically.
18.2. The personal data provided at the time of registration will be recorded and stored on protected electronic media and treated with adequate security measures also associating and integrating them with other Databases, always in full compliance with the security measures to protect confidentiality.
18.3. The data will be processed by BV Pro Shop exclusively with methods and procedures necessary for the management and provision of the requested Subscription and only with the express consent of the User, to carry out statistical analyzes, market surveys and to send commercial information on Products and promotional initiatives of the Data Controller. 18.4. The data provided at the time of registration, with your consent and with the acceptance of the Service, may be disclosed to third-party companies partners of BV Pro Shop, for the provision of concessions and discount services, in order to allow the identification of Users for the purposes related to the provision of the Subscription.
Pursuant to art. 12 of EU Regulation 679/2016, you can exercise the related rights, including consulting, modifying, updating, rectifying or deleting data or opposing their processing for the purpose of sending advertising material and market research, by contacting the Data Controller. BV Pro Shop srl - via Pagazzano 1, Treviglio (Bg) and / or at the email address firstname.lastname@example.org.
BV Pro Shop makes available to Users, in their capacity as interested parties, the full information pursuant to art. 13 of EU Regulation 679/2016, on the processing of personal data at the following link: Information on the processing of website user data.
19.COMMUNICATIONS AND COMPLAINTS
19.1 The Buyer may request any information and / or send communications and / or submit complaints regarding sales, purchase orders, Products, payments and shipments, etc. These direct communications to BV Pro Shop and any complaints will be valid if sent via e-mail to email@example.com. Therefore, the Buyer indicates in the registration form the telephone number or e-mail address to which he wishes the communications of BV Pro Shop to be sent. In case of notification of withdrawal, please refer to the rules established in point 16.
20. APPLICABLE LAW JURISDICTION AND JURISDICTION
20.1 The Product Purchase Agreement concluded by the User through the website www.bvproshop.com is governed by Italian law and, in particular, with exclusive reference to the User who can qualify as a Consumer, by the special reference legislation and by the rules of Chapter I of Title III of the Consumer Code. In any case, any rights attributed to consumers by mandatory provisions of law in force in the State of the latter will be reserved.
20.2 Any dispute that may arise between the Parties regarding the validity, interpretation or execution of these Conditions will be subject to Italian jurisdiction. Without prejudice to the provisions of art. 66-bis of the Consumer Code and in any case, if the User cannot qualify as a Consumer, the Court of Bergamo will be exclusively competent for the resolution of disputes arising between the Parties.
General terms and conditions of the bv pro shop srl online sales service updated to 19 July 2021