terms and conditions
Art. 1. Object
These General Conditions of Sale (hereinafter "GCS") concern the sale of products remotely via the internet on the website www.briconess.com belonging to TDR LIMITED, Registration number C75448.
The GCS will apply between the subjects of the contract which are:
Seller: BRICONESS as identified above Seller;
Customer: the person identified by the data entered when completing and sending the order form electronically with simultaneous acceptance of these General Conditions (hereinafter referred to as: "Customer").
It is forbidden, by the legislation on personal data, for the Customer to enter false and / or invented and / or fictional names in the online order procedure and in further communications. The Seller reserves the right to report any violation and abuse to the competent Authority, in the interest and for the protection of consumers and public faith.
Furthermore, the Customer relieves the Seller from any possible error deriving from the issue of incorrect tax documents due to incorrect or incomplete information relating to data provided by the customer, being the only responsible for the correct insertion.
These GCS pertain to the sale of the products displayed on the Seller's website, which reserves the right to modify these GCS at any time by notifying the Customers with the publication on the Site.
Art. 2. Online sales
By online sales contract we mean the distance contract, that is the legal transaction having as object the sale of the "Products" stipulated between the Seller and the Customer in the context of a remote sales system organized by the Seller which, for this contract uses the "internet" and related technologies.
These contracts, therefore, will be concluded directly through the access by the Customer to the website corresponding to the address www.briconess.com, where, following the indicated procedures, he will conclude the contract for the purchase of the Product.
For each of the products, a Technical Data Sheet is available on the Site containing the main characteristics and technical specifications of the same, as described by the manufacturers and / or importers and / or by the Seller.
The images and descriptions are created by the Seller or taken from the catalogs of importers and manufacturers, who can make changes during the production phase and report them with subsequent updates.
The Seller is absolutely not responsible for these possible changes. It is understood that the image accompanying the Product Descriptive Technical Sheet may not be perfectly representative of its characteristics, but may differ in color, size, accessory products shown in the figure and may vary at any time without any prior notice by the Seller. by virtue of the changes made by producers and / or importers.
Art. 3. Prices
The Customer can only purchase the Products offered on the site, at the price indicated therein in Euros, taxes and customs duties are not included (shipping costs do not include international taxes and customs duties) following the procedure indicated on the site itself.
Correct receipt of the order is confirmed by the Company by means of an e-mail reply, sent to the e-mail address supplied by the Customer. This confirmation message will contain the date and time of execution of the order and a "Customer order number", to be used in the event of any communication with the Seller.
The message will contain all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. Without prejudice to the possibility for the Company, before sending the order confirmation, to request further information from the Customer via e-mail with reference to the purchase order placed on the Site.
The list prices are subject to variations according to the determinations of the producers and / or importers. In this sense, the Seller will proceed to the indication of the new prices with the online update.
Any errors in the publication of prices do not imply the automatic acceptance of the order and the shipment of the goods by the Seller.
In this case, the credit card transaction will not be concluded and accepted and in the case of cash on delivery or other form of payment, the customer will be asked to accept the amount to be paid.
At the explicit request of the Customer to the Seller, the same will issue any invoice for the material sent, sending it to the Customer.
For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
Art. 4. Product availability
In the event of unavailability of the ordered Products in stock, which occurred after the time the order was placed on the site by the Customer, the Seller will immediately notify the e-mail address indicated by the same.
In this case the transaction will be canceled. In this eventuality, any contractual or non-contractual obligation on the part of the Seller for failure to conclude the contract is excluded.
Art. 5. Acceptance of the General Conditions of Sale
The Customer, by sending his purchase order electronically, unconditionally accepts and undertakes to observe in his relations with the Seller, the GCS described in this document, declaring that he has read and accepted all the information provided to him. , also acknowledging that the Seller is not bound by different conditions unless previously agreed in writing.
Art. 6. Terms of payment
The payment of the Products purchased by the Customer as well as the relative delivery costs can be made exclusively in the following ways:
- Credit card / PayPal: In cases of purchase by credit card, at the same time as the on-line transaction is concluded, the reference bank will authorize only the commitment of the amount relating to the order placed. The amount relating to the Products purchased will be effectively charged to the Customer's credit card only at the time of the execution of the order by the Seller.
If the Customer exercises the right of withdrawal following the payment of the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded on the Customer's credit card.
The Customer must be the holder of the valid credit card at the time of ordering the Products purchased online.
At no time during the purchase procedure, the Seller is able to know the information relating to the Customer's credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. The Seller will not keep such data in any computer archive. In no case can the Seller be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of the Products purchased on the site.
- Bank transfer: in the case of using this payment system, the Customer must make the transfer of the amount indicated in the transaction, including shipping costs, to the credit institution indicated in the order confirmation e-mail and before the execution of the contract with the shipment of the goods.
- Postepay: the customer will be notified of the data of the postepay on which he will have to credit the payment by sending an email at a later time to confirm the operation.
Art. 7. Shipping
The purchased products will be shipped by the Seller to the address indicated by the Customer.
Each shipment is shipped to the customer with express couriers selected during the order confirmation phase. Indicatively, without this implying any constraint for the Seller and subject to the availability of the products as well as any causes of force majeure, the goods will be delivered to the courier, within the times indicated in the order confirmation phase.
If, during the order fulfillment phase, problems capable of generating a delay in order fulfillment are identified, the customer will be promptly contacted in order to evaluate the various options available for order fulfillment.
Upon receipt of the goods at home, the Customer must always check the integrity of the packages, it will be his responsibility to have the courier detect and note exactly the lack of integrity of the package, under penalty of forfeiture of asserting his rights in this regard.
In the event that the customer receives a package for which it is necessary to carry out the withdrawal of the package with the right of reserve, the customer is invited to contact us before acting with the analysis of the material inside the package and will receive our assistance to act in the correct way.
Art. 8. Product warranty
The products purchased on the website www.briconess.com are subject to the discipline, as applicable, pursuant to Legislative Decree 2.2.2002 n. 24 (Official Gazette no. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, to the extent not contemplated therein, with the specific provisions on the subject by the Civil Code.
This guarantee will apply to the product that has conformity defects and / or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence, i.e. in compliance with its destination and as provided in any technical documentation. , in compliance with the various operating standards indicated therein, the customer will be specifically asked to provide documentation capable of certifying the installation of the product by a specialized technician.
The aforementioned guarantee will not be applicable in case of negligence or carelessness in the use and maintenance of the product. The warranty terms of TDR LIMITED are the same terms used by the parent company of the purchased product.
The seller does not under any circumstances recognize any type of indemnity or reimbursement of expenses related to labor, processing or / and vehicle stops.
Any non-conformity of the products must be reported within the terms established by law and communicated by e-mail, fax or registered letter.
The product, even if not compliant, at the time of return to the Seller for repair or replacement must be complete with packaging and all accessories and documentation received by the customer at the time of purchase.
The return of the product without the original packaging, accessories and documentation mentioned above prevents the Seller from replacing the product itself at the manufacturer and makes replacement impossible.
In any case, the return must be communicated and agreed with the Seller who must be informed on the methods of return with the communication of the courier and any tracking number.
The goods being returned travel at the Customer's risk until they are delivered to the Seller.
The Seller reserves the right to verify the actual defect stated by the Customer and to carry out the repair or replacement only after this check.
If, following the verification by the manufacturer, the defect does not result in a lack of conformity, the Company reserves the right to charge the Customer the costs of verification and restoration as well as the relative transport costs.
Art. 9. Right of withdrawal
Purchases made on the website www.briconess.com are governed by the Italian law on mail order sales.
In the event that the Customer has made a mistake in the order and has received an item that he did not want, has 14 days from the date of delivery to exercise the right of withdrawal, or the possibility of returning the product .
Pursuant to art. 64 et seq. DLT 206/2005, the client consumer, i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, has the right to withdraw from the purchase contract for any reason and consequently has the right to return the purchased goods and to get your refund of the expenditure incurred, in compliance with the methods indicated below.
The right of withdrawal is subject to the following conditions :
to) the law applies to the product in its entirety and not on parts or components of it;
b) in the case of prize operations or coupled promotional sales, in which the purchase of an asset is associated with another asset that is sold at a ridiculously low price (or given away), the right of withdrawal will be legitimately exercised with the return of both goods object of the purchase (given the constraint of the accessory nature of the good in promotion with respect to the first).
c) To exercise the right of withdrawal, the Customer, without the need to provide explanations and without any penalty, must send within 14 days working from the day of receipt of the goods, a communication indicating the will to withdraw from the contract.
d) The return of the product will be carried out by a courier booked by us who will collect the package from the customer at the times preferred by the customer.
And) The return will result in the refund of the amount paid , subtracted from the shipping and return costs (shipping cost multiplied x2), and a deduction of 10% of the price of the item to make up for costs of packaging and replenishment in the warehouse .
The Seller is not liable in any way for damage or theft / loss of returned goods. The Seller will arrange for the reimbursement the price of the goods for which the Customer has exercised the right of withdrawal, according to the conditions specified in point "e", provided that the good is intact and not used.
The Seller will refund the established amount within 14 days from the date on which TDR LIMITED became aware of the exercise of the right of withdrawal, provided that the return has been delivered in the meantime.
The right of withdrawal automatically expires in cases where it is ascertained:
a) the lack of original packaging and / or packaging;
b) the absence of all the integral elements of the asset (accessories, tags, labels, information notes etc.);
c) damage to the product for reasons other than its transport;
d) use of the product;
Article 59 of the Consumer Code provides for the forfeiture of the right of withdrawal "the supply of goods made to measure or clearly personalized".
In the case of auto parts, the exception is applied when the consumer has expressly requested (for a specific chassis number belonging to a specific car) a specific spare part, providing himself the code and image of the product we have ordered specifically for him from the parent company. for the aforementioned car.
We remind you that the consumer, in this case, will not be able to take advantage of the Paypal buyer protection.
In the event of forfeiture of the right of withdrawal, TDR LIMITED will return the purchased good already in its possession to the sender, charging the shipping costs to the sender.
Return address:
TDR LIMITED
Art. 10. Information and complaints
Any clarification, information on assistance services or any complaint may be requested or advanced to TDR LIMITED at its registered office as indicated above and by e-mail to the following addresses:
info@briconess.com
amministrazione@briconess.com
The information contained in the GCS and on the site for the individual products are communicated in their entirety through these conditions and through the forms pursuant to and for the purposes of Articles. 52 and 53 DLT 206 / 2005T
TDR LIMITED
Registration number C75448
Centris Business Gateway, Ground Floor,
Triq il-Palazz l-Ahmar, Mriehel, BKR3000, Malta