These conditions of sale apply to sales and/or to the performance of services offered on-line at the www.bianchistore.com web site. Business arrangements regarding sales will be handled S.A.C.M.A. S.n.c..
“On-line” sales shall mean the sale of movable goods and/or the performance of services through the www.bianchistore.com web site as transacted between
S.A.C.M.A. S.n.c., with
– registered and administrative office at Via Nazario Sauro, 12 – 22066 Mariano C.se (CO – Italy)
– e-mail address email@example.com
– VAT Registration no. 00198970139
– and entered in the Como Company Register under no. 116497,
Customers must, without exception, be natural persons.
The on-line product catalogue constitutes an offer to the public in accordance with article 1336 of the Italian Civil Code and is effective as a sales proposal. Purchases by Customers are finalised when they properly enter the data requested at the web site and then accept all the conditions proposed. The despatch of the above data amounts to an order by the Customers.
S.A.C.M.A. S.n.c. shall send Customers an e-mail as confirmation of acceptance of the order.
Acceptance or otherwise of orders sent by Customers shall be at the discretion of S.A.C.M.A. S.n.c., and its decision shall be final.
The Products on offer may be purchased by first selecting them and then transferring them to the trolley displayed for the purpose.
To carry out a purchase Customers must enter the following obligatory data;
• personal particulars
• e-mail address
• domicile, with details of address
• address for the delivery of the Products (if different from the above)
• telephone number for details regarding the delivery date.
The sole method of payment shall be by PayPal.
To make payment Customers shall be directed to the web site of PayPal, the operator handling the “on-line” payment service, and they must communicate the data relating to their credit card over a protected link.
S.A.C.M.A. S.n.c. reserves the right, for accounting and administrative needs, to run a check on the personal particulars provided by Customers.
Where purchases exceed the availability of the products in the on-line catalogue, S.A.C.M.A. S.n.c. reserves the right to accept the proposal by Customers subject to a check on existing stocks. Where it is not possible to fulfil the entire order the sale shall be deemed effective with regard to the maximum quantity of the product available at the date of the order.
The prices of the Products as shown and indicated in the Catalogue are inclusive of VAT and delivery costs (only for Italy)
Any additional levies, and/or customs duties in the case of shipment abroad, shall be paid directly to the courier when the goods are delivered.
The expense of delivery shall be determined by weight, by size, and by the delivery destination. The expense shall be chargeable to Customers.
Purchases made after 16:30 (in Italy) shall be included among those transacted the following day. Purchases made on a public holiday shall be included among those transacted the next working day.
S.A.C.M.A. S.n.c. shall see to the delivery of the Products ordered through the use of courier services/forwarding agents and shall debit the cost to Customers’ credits cards.
The delivery times for the Products cannot exceed those stated in article 6 of Legislative Decree no. 185 of 1999, namely 30 days from the date when S.A.C.M.A. S.n.c. confirms the order.
Where the addressee or the person authorised to take delivery of the products is not present the courier, in order to agree a new delivery, shall telephone the Customer at the number they provided on the web site at the time of purchase.
A non-conformity and/or other mismatch in the Products acquired must be notified by, and no later than, 14 working days from the delivery of the products sending e-mail to: firstname.lastname@example.org
The return of the goods – undamaged and unused, in the original packaging – and the payment of the inward customs duties must be effected by and no later than 14 days from the date of receipt (the date stamp on the return delivery shall provide certification).
Under no circumstances will receipt be taken of returned packages that are subject to cash-on-delivery terms or unpaid carriage arrangements.
The address for returning goods is as follows:
Via Nazario Sauro, 12
22066 Mariano C.se (CO)
If Customers do not return the Products in the same condition as when they were delivered – that is, in a perfect state of maintenance – complete with all their parts, unused, and with the original packaging and any accompanying manuals, the purchase of the products shall be deemed to be in any case finalised and they shall be sent back to the customer.
S.A.C.M.A. S.n.c. shall, within 30 days, send the Customer a new product to replace the one that has been returned for justified motives.
Right of rescission
Save for the exceptions stated below, Customers shall be entitled to rescind the order placed, without need of explanation, within 14 days of the day of when they received the product ordered (or the last product, lot, or part where a series of goods, lots, or parts are delivered separately). If the customer has entrusted another person to take receipt, the right of rescission shall run from the day of delivery of the product to the designated person, other than the courier.
Customers must notify S.A.C.M.A. S.n.c. that they are exercising their right of rescission by sending e-mail to email@example.com. To exercise the right of rescission the notification in question must be sent before the expiry of the 14-day period and the product must be returned to S.A.C.M.A. S.n.c. following the instructions set out in the Returns clause.
The address for returning the goods is as follows:
Via Nazario Sauro, 12
22066 Mariano C.se (CO)
For further information on their right of rescission and operational instructions Customers may contact our Customer Service Department.
All payments received in connection with products for which Customers have exercised their right of rescission shall be reimbursed to them, including the respective shipment costs, within 14 days of the day when we receive notification that they are exercising their right of rescission. We shall make reimbursement through a bank credit transfer to the bank account the details of which were notified to us. Whatever the circumstances, Customers shall incur no cost as a consequence of the reimbursement. We may withhold the reimbursement until such time as we take receipt of the product or Customers have provided proof that have returned it to S.A.C.M.A. S.n.c., depending on which situation occurs first. Customers should bear in mind that they must, following the instructions available at our Online Returns Centre, return the products to us within 14 days of the day when they gave notice of rescission. They must bear the direct costs of returning the products. They may be held responsible for the reduction in the value of the goods caused by tampering with them (other than the handling needed to establish the nature, characteristics, and mode of operation of the goods).
If the goods ordered from S.A.C.M.A. S.n.c. are to be delivered outside of Italy Customers may be liable for duties and import taxes, payable once the package reaches the specified destination. Any additional cost for clearing the goods through customs shall be payable by them. We have no control over those costs and cannot predict how much they shall be. Customs policies vary considerably from country to country and Customers should accordingly contact their local customs office for further information. Customers should further be aware that when they place orders at the web site they are regarded as importers and must, therefore, comply with all the legislation and rules of the country where they will receive the goods. We would like our international customers and those customers that export the products to know that cross-border deliveries can be opened for inspection of the products by the customs authorities. For further information Customers are advised to read the customs information.
Warranties and assistance procedures
For products that have a warranty any report of faults must be made within 8 days of when they are discovered.
Customer assistance under warranty shall be provided by the manufacturer of the Products, directly or through S.A.C.M.A. S.n.c., following proper notification that is sent via e-mail to firstname.lastname@example.org and that provides a description of the anomalies and the work that is required.
Duties of Customers
It is the duty of Customers to:
• enter data that are true
• enter a personal e-mail address
• not to make double registrations
• not to enter the data of third persons, unless they are to be the recipients of the Products
By releasing their data at the time of purchase Customers authorise S.A.C.M.A. S.n.c. to notify their personal particulars of a non-sensitive nature (residence, telephone number) to specialist couriers and/or to shippers so that the Products can be delivered.
Customers shall exempt S.A.C.M.A. S.n.c. from any liability resulting from incorrect data that they have entered, in that the Customers alone are responsible for entering the data.
S.A.C.M.A. S.n.c. reserves the right to check the reliability of the data provided before it confirms the order and to possibly not carry out delivery, in which case it will give notice of this to Customers by e-mail together with proper and justified reasons.
Where this happens Customers shall be entitled solely to the return of any amount already paid to purchase the Products.
The obligations accepted by Customers are fundamental and a breach of just one of them shall give S.A.C.M.A. S.n.c. the right not to carry though the sales transaction.
Data processing and Privacy
Data regarding identity, domicile, and payments are indispensable for purchasing the products. Where consent to process that data is not given it will be impossible to proceed with the sales transactions. Provision of the other data requested is, on the other hand, optional.
All the data provided shall be processed by S.A.C.M.A. S.n.c. having regard to existing laws and may be disclosed only at the request of the judicial authorities.
Customers have the rights as in article 13, former Law 675 of 1996, namely:
• to request confirmation as to the existence of their personal data;
• to know the origin of that data, the logic applied in their processing and its purpose;
• to have the data updated, corrected, and supplemented;
• to apply to have the data cancelled, converted into anonymous form, or blocked if the processing is unlawful;
• to object, on legitimate grounds, to their processing or in the case where the data is used for sending advertising material, sales information, for market research, for direct selling and for commercial communication surveys.
The exercise of the above rights shall be conditional on sending written notification by post to the following address
Via Nazario Sauro, 12
22066 Mariano C.se (CO)
The data controller for the gathering and processing of the personal data is S.A.C.M.A. S.n.c.
Applicable law and court with jurisdiction
The General Conditions proposed must be interpreted in accordance with Italian law. In any dispute as to the interpretation and performance of these Conditions the Court of Como alone shall have jurisdiction.