CONBIPEL GENERAL TERMS AND CONDITIONS OF SALE ON THE WWW.CONBIPEL.COM WEBSITE
These general terms and conditions of sale (hereinafter, the "General Terms and Conditions of Sale") apply to the sale and purchase of all items published on the Conbipel website (hereinafter, the "Item" or the "Items"), concluded between the company BTX Italian Retail and Brands S.r.l. with registered office in Via Vittor Pisani 20, 20124 Milan (Italy), tax code and VAT no. 12148170967 (hereinafter "Conbipel") and any natural person aged 18 years or over, acting for purposes which are outside his or her trade, business, craft or profession (hereinafter the "Customer"), who makes an online purchase on the website www.conbipel.com(hereinafter, the "Conbipel Website").
These General Terms and Conditions of Sale govern all purchases made through the Web Site, in accordance with the provisions of Legislative Decree No. 206 of 6 September 2005, as from time to time amended. (hereinafter, the "Consumer Code") and must be intended for personal use, the unauthorised distribution and resale of the Items purchased on the Conbipel Website being strictly prohibited.
Furthermore, these General Terms and Conditions of Sale may be subject to change, at Conbipel's sole discretion, and their application shall be effective at the date of their publication on the Conbipel Website.
In the case of Customers who are "Professionals", i.e., pursuant to Article 3 of the Consumer Code, individuals or entities acting in the exercise of their entrepreneurial, commercial, handicraft or professional activity or an intermediary thereof, Conbipel reserves the right to decline orders, at its own discretion and without being obliged to state any reasons in this regard. It is, in any case, understood that the clauses in these General Terms and Conditions of Sale that refer to the provisions of the Consumer Code shall not apply to Professionals, while, for anything not regulated therein, Items 1490 et seq. of the Civil Code shall apply.
In order to contact Conbipel and Customer Service, please refer to the 'Contact Us' section of the Conbipel website.
2. USE OF THE CONBIPEL WEBSITE
By using the Conbipel Website and/or placing purchase orders through the latter, the Customer expressly agrees to:
- 1. Make use of the Conbipel Web Site solely for the purpose of reviewing on or placing purchase orders for Purchasable Items;
- 2. Not to place false or fraudulent purchase orders; in case of suspicion of falsity or fraud, Conbipel reserves the right to cancel the purchase order and inform the competent authorities;
- 3. provide Conbipel with their personal data necessary to execute the purchase order of the Items (including e-mail address, postal address and/or other contact data) truthfully and correctly, which will be processed in accordance with the terms of the law, as specified in article 12 below.
The Customer shall avoid any undue use of the Conbipel Website as well as avoid the introduction of viruses, trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If not authorised, the Customer must not access the Conbipel Website or the server on which it is hosted or any other server, computer or database relating to the Conbipel Website. The Customer shall not perpetrate DoS attacks against the Conbipel Website. In any event, Conbipel shall not be liable for any malfunctioning of or damage to the Customer's technological equipment if such damage results from viruses, DoS attacks or the like suffered by the Website.
Should the Customer fail to comply with the provisions of this article, Conbipel reserves the right to inform the competent authorities and, at the same time, to immediately deny the Customer its authorisation to use the Web Site.
If the Conbipel Website contains links to other pages or materials of third parties, such links will be provided for information purposes only, without any control by Conbipel over the contents or materials contained in such pages or sites. Conbipel therefore disclaims, as of now, any liability in the event of any damage or loss resulting from their use.
3. CONTRACTUAL ARRANGEMENTS
The presentation of the Items by Conbipel on its Website does not constitute an offer to the public, but must be held as a mere invitation to the Customer to make a contractual proposal to purchase. Consequently, the sales contract entered by and between Conbipel and the Customer (hereinafter, the "Contract") shall be deemed executed exclusively when Conbipel sends the Customer the shipping confirmation (hereinafter, the "Shipping Confirmation"). Shipping Confirmation means the e-mail of successful shipment of the order, containing the Customer's data, the purchase order number, the Items of the order and their total price, the shipping costs and the delivery address to which the purchased goods will be sent.
The offers of Items on the Conbipel Website, as well as the relevant sale prices, are valid as long as they are still visible on the Website and while stocks last. Photographs, graphic or iconographic representations and videos relating to the Items are provided by way of mere indication and may not accurately represent the Articles, as explained below.
4. PROCEDURE FOR FINALISING THE ONLINE SALES CONTRACT
If the customer uses the "Guest" mode, only the essential data will be required to process the purchase order. Upon completion of the purchase process, the customer will be offered the option of registering as a user or continuing as an unregistered user. The Customer, in order to conclude his purchase, shall follow the following steps, in accordance with the relevant instructions:
- • Select one or more Items from the catalogue, add it/them to the cart by pressing the 'Add to Cart' button;
- • Choose the desired quantity;
- • Choose the delivery method by filling in the form with the shipping data and accepting the shipping costs;
- • Choose the payment method and fill in the data necessary to complete the transaction;
- • The customer may also change the details of the relevant order at any time during the purchase process before payment;
- • Accept these General Terms and Conditions of Sale after careful reading them;
- • Confirm the purchase order by pressing the 'Authorise Payment' button.
Customers who have registered on the Conbipel website will also be able, after logging in, to view a list of all their purchase orders in the "My Orders" section.
At the end of the aforementioned on-line purchase process, the Customer will receive an e-mail confirming receipt of the order (hereinafter, the "Order Confirmation"), which will be followed by the Shipping Confirmation.
5. CHANGES AND AVAILABILITY OF THE ITEMS
Conbipel reserves the right to change the Items published online on the Conbipel Conbipel Website at any time and without any prior notice, removing and/or modifying any Article, without the Customer being entitled to any claim or dispute of any kind whatsoever. All online orders of Conbipel items are subject to availability.
In the event of temporary unavailability of an Ordered Item, Conbipel shall notify the Customer in writing, in order to carry out the partial dispatch of the order or the cancellation of the order.
6. ITEM PRICES AND PAYMENT METHODS
6.1 Price of Items
The prices of each Item are listed on the Conbipel Website and are inclusive of VAT and applicable taxes. Any changes in VAT rates or other taxes on sales that occur will give rise to a corresponding adjustment.
Prices do not include shipping costs, which are set out in Article 7 below; such shipping costs will also be stated separately during the purchase and payment procedure.
Conbipel reserves the right to amend the sale price of the Items listed in the on-line catalogue at any time and without prior notice, without the Customer being entitled to any objection or claim of any kind whatsoever.
In the event of an error in the sale price of Items in the on-line catalogue, Conbipel reserves the right to reject the Customer's purchase proposal. If the Customer purchased the Item even though the error in the sale price was obvious and unequivocal, Conbipel reserves the right to adjust the sale price of the Article.
6.2 Payment termsThe Customer may make payment in different ways. In particular, payment may be made by Visa and Mastercard, or by prepaid cards and PayPal. Credit cards and prepaid cards will still be subject to verification and authorisation by their issuer. In order to reduce the risk of unauthorised access, the card data entered on the Conbipel Website by the Customer will be encrypted.
Following the Customer's confirmation of the order, Conbipel will carry out a pre-authorisation of the sale and, consequently, the Customer's financial availability will be checked in order to ensure the successful outcome of the transaction. However, the amount owed by the Customer will be debited from his/her card only when the Item subject to the purchase order is dispatched by Conbipel.
7. PLACE AND TIME OF DELIVERY AND SHIPPING COSTS
7.1 Place and Time of Delivery
Delivery times for Items purchased on-line are on average [4-6] working days (depending on the address specified by the Customer), starting from the date of receipt of the Shipping Confirmation e-mail sent by Conbipel to the Customer.
Such terms, however, are to be understood as indicative and not binding; Conbipel shall not be held liable in the event of delays with respect to the above-mentioned deadlines, it being understood that the completion of the purchase order shall take place, in any case, within a maximum period of 30 (thirty) days, starting from the date of receipt of the e-mail of Shipment Confirmation, sent by Conbipel to the Customer.
The purchased Items will be delivered to the Customer's address, as stated by the Customer in the purchase order, by express courier.
The risks relating to the purchased Items shall pass to the Customer from the moment of their delivery.
7.2 Minimum order and shipping costs
The minimum purchase order is Euro 10.
Shipping costs are as follows:
- Euro 4.99, for purchase orders with a total value of less than Euro 60.
- For purchase orders whose total value exceeds Euro 60, shipping costs will be free of charge.
8. RIGHT OF WITHDRAWAL
8.1 Right of Withdrawal
The Customer is entitled to withdraw from the Contract, without stating any reason and without penalty, within a period of 30 (thirty) days from the creation of the order placed by the Customer on the Conbipel Website (hereinafter, the "Withdrawal Period"). If the consumer wishes to exercise the right of withdrawal, he/she must send - within the aforementioned Withdrawal Period - an explicit declaration to that effect, to which he must enclose a copy of the purchase receipt and the code of the purchased item, which must be returned.
This declaration may be submitted:
- i. by using the contact form in the "Request Return" section of the Conbipel website.
- ii. only for orders placed with electronic payment by submitting it at a Conbipel shop (excluding franchises).
In any event, unless otherwise agreed in writing, the Customer shall return the purchased Item without undue delay and in any event within 14 (fourteen) days of the date of notice of withdrawal (hereinafter, the ' Return Period'). The purchased item shall be returned in the manner set out in Article 8.3 below.
Following receipt of the aforementioned declaration from the Customer, Conbipel shall refund the price of the returned item within 14 (fourteen) working days of the date of receipt of the returned item (hereinafter, the " Refund Period”). The refund will be made using the same method of payment chosen by the Customer at the time of purchase; therefore, in the event of payment by credit card, the Consumer will receive the relevant refund directly on that card.
In any case, Conbipel reserves the right to withhold reimbursement until such time as the Customer has returned the purchased item to Conbipel, or until such time as the Customer has provided definite proof that the item in question has been returned to Conbipel, and that Conbipel has assessed the condition of the returned item.
Conbipel is entitled to deduct Euro 5.95 from the aforementioned refund as return costs.
However, it is understood that the essential requisite for the valid exercise of the right of withdrawal consists in the return of the original Item, which must be returned to Conbipel intact, i.e. unused, with the original labels still attached, not subjected to any operation (by way of example only: washing, ironing, etc.), in its original packaging and complete with the tax documentation attached to it. Failure to comply with the prescribed provisions will entitle Conbipel to refuse the exercise of the right of withdrawal and the subsequent return of the purchased item.
8.2 Exceptions to the right of withdrawal
The Customer may not exercise his or her right of withdrawal under Article 8.1 above if the purchased item to be returned is one of the following products:
- 1. Customised items;
- 2. Sealed goods, which are not suitable for return for hygienic reasons or which have been opened after delivery;
- 3. Items that have been used and/or have undergone washing, ironing, etc. and/or do not have their sales tags intact and as originally applied.
- i. Return by express courier;
- ii. Return by the Customer's preferred courier to the following address: [Via Liprandi 19, l4023 Cocconato (AT), Italy];
- • The package received contains an Item other than the one purchased and subject to return;
- • The returned Item is used, beyond the simple opening;
- • The Item is not intact or has been damaged, as more specifically detailed above.
- i. Comply with the description provided by Conbipel and possess the qualities described on the Conbipel Website and on the label on the Article;
- ii. Are suitable for the use for which they are normally intended;
- iii. Show quality and characteristics corresponding to those of products in the same product category.
8.3 Return of purchased Item(s)
Once the right of withdrawal has been exercised, the Customer must return the purchased Item(s) at his or her own expense in one of the following ways:
In case of return by express courier, the Customer must make the return request on the Website, after logging in, in the section "My orders - return request", and proceed with the shipment of the Article.
In the event of a return by express courier, the Customer shall make the return request on the Website, after logging in, in the section "My orders - request return", and proceed to dispatch the Item.
In the event of a return by means of a courier chosen by the Customer, the Customer shall return the purchased Item together with the previously received Shipping Confirmation e-mail and bear all costs related thereto.
In any event, the purchased Item must be returned in its original wrapping and in the package in which it was delivered, as well as complete with the accompanying tax documentation. The customer shall be personally liable for the diminished value of the purchased item and the contents of the returned package. Conbipel reserves the right not to refund the price of the returned item and the shipping costs if:
9. CONSUMER RIGHTS REGARDING CONFORMITY AND WARRANTY ON THE ITEMS
Conbipel makes every effort to accurately show the characteristics of the Items in the on-line catalogue, including their composition and colours, and to guarantee their conformity and compliance with the images on the Conbipel website.
However, the colours displayed depend on the system used on the Customer's computer; Conbipel therefore cannot guarantee that the Customer's computer will accurately reproduce the relevant colours.
All items available for purchase on the Conbipel website, especially those that are handmade, have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or colour variation are not to be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be expected and appreciated. Conbipel only selects products of the highest quality: however, these types of 'natural' variations are unavoidable and must be accepted as inherent characteristics of each single Item.
Consequently, all Items available for purchase on the Conbipel Website shall be deemed to be in conformity if they:
In any event, in the event of a lack of conformity of the purchased Item(s), the Consumer shall be entitled to have the conformity of the Item(s) restored, free of charge, by repair or replacement thereof. The Customer may exercise this right within a period of 2 (two) years of the date of delivery of the goods, provided that he has notified the defect within 2 (two) months of delivery. In any event, the purchased Item must be returned in its original wrapping and in the package in which it was delivered, as well as complete with the tax documentation attached to it, in the manner set out in Article 8.3 above.
After receiving the returned item, Conbipel will carry out a careful assessment of the returned item and will inform the Customer, by means of a written notice sent by e-mail within a reasonable period of time not exceeding 14 (fourteen) working days, of the outcome of the assessments on the returned Item and of Conbipel's decision to carry out the refund of the price of the item purchased.
The refund of the price of the Item shall be made within 14 (fourteen) days of the date of sending of the e-mail stating the outcome of the evaluation of the returned Article.
In the event of a refund of the price of the item purchased, Conbipel shall refund the full price of the returned item, shipping costs, and delivery costs incurred by the Customer in sending the returned item. The refund will be made via the payment method used by the Customer to make the purchase.
10. LIABILITY AND FORCE MAJEURE
Conbipel accepts no liability for any disruption or delays attributable to force majeure or fortuitous events, or to events beyond its reasonable control, such as, by way of non-limiting example, malfunctions of the Internet or telephone network, overloads and peaks in traffic on the Conbipel Website, epidemics, pandemics, power failures, general strikes by public and/or private workers, strikes and/or restrictions and/or errors in the traffic of couriers and air connections.
11. INTELLECTUAL PROPERTY
All intellectual property rights such as trademarks and copyrights on the Conbipel Website are the property of Conbipel, its affiliates and licensors. Any use of the Conbipel Website and its contents, including copying or saving such contents in whole or in part for other than personal and non-commercial use is prohibited without the express permission of Conbipel.
Any further processing will only be carried out with the express consent of the Customer. Conbipel hereby declares, with reference to payments made on-line at the time of purchase, that it has no access to and does not record data relating to the payment method used by the Customer. Only the institution processing the payment has access to this data, for payment and collection management purposes.
The Customer declares and guarantees that the data provided to Conbipel are correct and true.
13. COMMUNICATIONS AND NOTICES
Any notice by the Customer must be sent to Conbipel using the on-line form on the Conbipel website at:www.conbipel.com/contact
Alternatively, the Customer may send his/her communications by e-mail or by post to the following addresses:email@example.com
In the event of a communication directed to the Customer, Conbipel will send it to the e-mail address provided by the Customer at the time of the purchase order or, failing that, to the address entered for delivery of the purchased Item.
14. ASSIGNMENTS OF RIGHTS AND OBLIGATIONS
The Contract entered by and between Conbipel and the Customer is strictly personal and binding.
It is therefore expressly forbidden for the Customer to transfer or assign, in any way whatsoever, this Contract or any part thereof without the prior written consent of Conbipel.
15. FINAL PROVISIONS
These General Terms and Conditions of Sale consist of the entirety of the clauses making up these General Terms and Conditions of Sale. Should one or more provisions of these General Terms and Conditions of Sale be deemed invalid under the law, the other provisions shall continue to be valid and effective between Conbipel and the Customer.
The tolerance shown by Conbipel to any non-performance or inexact performance by the Customer shall have no legal relevance unless this is evidenced by an express declaration made in writing by Conbipel. In any case, Conbipel's forbearance shall not constitute a waiver of its rights or actions and shall not exempt the Customer from fulfilling any of his/her obligations.
These General Terms and Conditions of Sale, as well as any document expressly referred to in them, represent the entire Agreement entered into by and between Conbipel and the Customer, and supersede and replace any previous agreement, understanding or covenant between Conbipel and the Customer, whether oral or written, on the same matter.
The Customer acknowledges that Conbipel has adopted a Code of Ethics as well as an organisation, management and control model pursuant to Legislative Decree no. 231/2001 (Model), concerning the administrative liability of entities, which can be reviewed on the following website www.conbipel.it. By accepting these General Terms and Conditions of Sale, the Customer hereby represents to have read and accepted the provisions of the above-mentioned Code of Ethics and Model. Therefore, the Customer undertakes to conform its conduct to the principles and obligations contained therein and, more generally, undertakes to behave in accordance with Legislative Decree No. 231/2001, under penalty of termination of the Contract.
16. GOVERNING LAW, VENUE AND ALTERNATIVE SETTLEMENT OF DISPUTES
These General Terms and Conditions of Sale are governed by the Laws of the Italian Republic. Any dispute shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the Consumer.
The consumer is entitled to take action to protect his/her interests through a consumer association or to initiate an out-of-court settlement attempt to resolve any disputes. In this regard, as of 9 January 2016, the consumer may also avail himself, pursuant to Reg. EU No. 524/2013, of the option to refer the amicable settlement of disputes to On-line Dispute Resolution (so-called ODR) for the on-line resolution of disputes between professionals and consumers, by accessing the European On-line Dispute Resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/. By means of this ODR platform, the Customer will be able to review the list of ADR entities, find the link to the site of each of them as well as submit a complaint to initiate an on-line dispute resolution procedure concerning the contract concluded on-line. In any case, whatever the outcome of the dispute settlement procedure, the rights of the consumer to have recourse to ordinary jurisdiction are unaffected.
17. CUSTOMER CARE
The Customer may contact the Customer Service Department for any problems and reports at the following address:
Conpibel Customer Service firstname.lastname@example.org
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If a customer uses a purchase or promotional voucher, this will never be redeemable for money. It therefore does not entitle the Customer, in the event of a return, to the reissue or reimbursement of the total or part of the aforementioned voucher used to purchase the items of the order whose return was requested.
19. ONGOING PROMOTION
The discounted price is valid only for the customers that login or register on the Conbipel website.