Terms & Conditions
The present General Terms and Conditions of Online Sale regulate the B2C sales contracts executed through telematic means, of the products presented on the biografie.shop website owned by ITEX SRL - Viale Volga s.n. 70132 Bari (BA) - ITALY, VAT No.: IT08320870721
These General Terms and Conditions of Online Sale are governed by the rules on electronic commerce (Legislative Decree no. 70/2003) and by Italian law. They apply exclusively to sales over the Internet (Online Sale), where the purchaser is a person buying for business or professional reasons and not for personal reasons, as defined in Article 1 letter b) of this Agreement.
ITEX SRL makes itself available to provide, also by phone, to Customers as defined below, any clarification regarding the contents of these General Conditions of Online Sale.
THE FOLLOWING IS AGREED AND STIPULATED
1.1 Online Sale. These General Terms and Conditions of Online Sale apply to all Orders for purchasing Products through the use of the biografie.shop website placed by Customers.
1.2. Invitation to offer. The presentation of Products on the Site constitutes an invitation to offer. The Customer's order will be considered as a contractual proposal of purchase addressed to the Seller for the Products listed, each considered individually. Upon receipt of the order, the Seller shall automatically send the Customer a message of acceptance of the order itself ("Order Confirmation"). The Order Confirmation does not constitute acceptance of the Customer's purchase proposal. By sending the Order Confirmation, the Seller only confirms that it has received the order and has subjected it to data verification and the availability of the Products requested. The Contract of Sale with the Seller shall be concluded only when the Seller sends the Customer a separate e-mail with the express acceptance of the purchase proposal, which shall also contain information regarding the shipment of the product and the expected delivery date ("Shipment Confirmation"). The customer may receive separate Shipment Confirmations if the order is processed using several shipments. The Customer may cancel the order before receiving the Shipment Confirmation.
The General Terms and Conditions of Online Sale apply exclusively to purchases made on the Web Site. Products purchased on the Web Site are sold directly by the Seller.
- Content and Changes
2.1 Forewords. The foregoing premises form an integral part of this Contract.
2.2 Content. This Contract supersedes any previous agreement between the Parties on the subject matter of the Contract.
2.3 Amendments. In the event of changes to the General Terms and Conditions of Online Sale, the General Terms and Conditions of Online Sale published on the Website at the time the Customer places the Order shall apply to the Purchase Order.
- Contract Strength
The rights and obligations under this Contract shall be binding on the Parties and their assignees.
- Information and Product Changes
4.1. Product Description. For each Product, it is possible to view an information sheet with the image and characteristics of the Product. The images and colours of the Products offered for sale on the Site may not correspond to the actual ones due to the Internet browser and/or monitor used. The Seller is not responsible for any inaccuracies due to a particular computer configuration or malfunction.
4.2. Modification of the Products. The Seller may eliminate and/or replace the Products described on the Site at any time and without prior notice, and may make technical and aesthetic improvements that are not substantial and do not deteriorate the quality of the Product.
5.1. Product Price. The prices of the Products included in the information sheets are expressed in Euro and are net of VAT unless otherwise indicated.
5.2 Shipping and payment costs. The prices of the Products indicated in the information sheets do not include the shipping costs and those related to the payment method chosen, which are identified and calculated according to the delivery place and payment method chosen at the time of the Order, which the Customer shall read before placing the Order. The shipping costs of the Products and the costs related to the payment method shall be borne entirely by the Customer.
5.3. Variation in Product Prices. The prices of the Products published on the Site may be updated and may therefore undergo variations. The Customer shall purchase the Products at a price published on the Site when the Order is sent.
5.4. Variation in Prices and Shipping Costs Depending on the Country of Delivery. The price of the Products and the shipping costs may vary depending on the country of delivery of the Products due to different existing customs duties or fees and different transportation costs.
5.5. Promotions. The Seller reserves the right to apply different promotions depending on the country of delivery of the Products.
- Product Order
6.1. Registration on the Site. In order to proceed with the purchase of one or more Products, the Customer must first register on the Site biografie.shop and provide the Seller with all the necessary data to allow the latter to execute the Order. The data shall be processed in accordance with the Italian Legislative Decree 196/2003 (the "Privacy Code"), concerning the protection of personal data. The Seller may request a Chamber of Commerce certificate or other equivalent document to determine the Customer's exact identity. Upon receipt of the Customer's data, the Seller shall promptly send an e-mail to the Customer, the content of which shall indicate the authentication procedure, in order to allow him access to the Site in the part intended for online purchases, containing the account and password chosen by the Customer (the Seller shall not know the password).
6.2 Formulation of the Order. Purchase Orders shall be placed exclusively online through the order procedure on the Site, exclusively by natural and legal persons acting for purposes related to their business activity. After accessing the "online shop" page, the Customer may select the Products to be purchased, placing them in the "Virtual Cart", the contents of which he may always view before proceeding to place the Order. During the Order formulation phase up to placing the Order, the Customer may modify the data entered.
6.3 Acceptance of the General Conditions of Online Sale. By sending the Order, the Customer declares having read and accepted the General Conditions of Online Sale indicated on the Site and declares having read all the information provided to him during the purchase procedure.
6.4 Order Confirmation. Upon receipt of the Order, the Seller will automatically send an e-mail, to the e-mail account communicated by the Customer, containing the confirmation of receipt of the Order. The Order Confirmation will summarise the Products the Customer chose, the relevant prices (including delivery charges), the Order number and the General Conditions of Online Sale.
6.5 Conclusion of the Contract. The Contract shall be deemed to be concluded only when the Seller sends the Customer a separate e-mail expressly accepting the proposed purchase, which shall also contain information regarding the shipment of the Product and the expected delivery date ("Shipment Confirmation"). If the order is processed using several shipments, the Customer shall receive separate Shipment Confirmations. The Customer may cancel the order before receiving the Shipment Confirmation.
6.6 Customer Data and Order Number. The Customer undertakes to communicate personal data, not those of third parties, and to communicate truthful data that is not fictitious or invented. In any communication following the Order, the Customer shall use the Order number communicated by the Seller.
- Payment methods, invoices, retention of title
8.1. Payment methods. Italian or foreign Customers purchasing Products may pay using one of the following payment methods: credit card, PayPal and bank transfer
8.3 Time of payment and default interest. The Customer shall pay the price of the Products ordered, including transport costs and costs related to the payment method chosen, after the Order has been placed. In the event of payment by bank transfer, the Customer shall pay within 2 (two) working days from receipt of the "Shipment Confirmation" in which the bank details for payment shall be indicated. In the event of non-payment, the Seller shall not ship the Products until full payment has been received.
In the event of payment by credit card, the Seller shall charge the amount due by the date of dispatch of the Products.
In the event of late payment, the Customer shall pay default interest pursuant to Legislative Decree 231/2002, as amended.
8.4 Issuing of Invoices The Seller shall send the invoice in electronic format to the e-mail address communicated by the Customer with the Dispatch Confirmation. No changes to the tax documents may be made after the invoices have been issued. Invoices will be available in PDF format in the "My Account" section of the Site.
8.5 Retention of title. The Products remain the Seller's property until they have been paid for in full, including shipping costs and the chosen payment method. The Customer undertakes to refrain from conduct or acts that prevent the exercise of the Seller's retention of title. If the Customer prevents the Seller from exercising the right of retention of title, the Seller shall be entitled to revoke with immediate effect all orders accepted and not yet executed with the shipment of Products.
- Delivery of Products
9.1. Method and deadline for shipment. The Products shall be shipped in the manner chosen by the Seller within 5 (five) working days after receipt of payment.
9.2 Non-collection of Products. Failure to collect the Product(s) from the Customer at the address provided for the delivery of the Product(s), or failure to collect the parcel from the courier's warehouse, shall not invalidate the Customer's obligation to pay the price of the ordered Product(s) and any storage costs shall be borne by the Customer. The Customer authorises the Seller to charge the storage costs incurred for delayed delivery of the Products attributable to the Customer, with the amount due being charged to the Customer's credit card, if the payment agreed upon was by credit card. If the Customer has chosen bank transfer as the payment method, the Customer undertakes to pay the Seller the costs of stocking the Products within 2 (two) working days from the payment request sent by email from the Seller to the Customer.
9.3 Risk of loss or damage to the Products. The risk of loss or damage to the Products during transport shall remain with the Seller until delivery to the Customer. The Products are sold under the DAP (Return to Place of Destination) clause. Therefore in the case of export, the Seller is not obliged to clear the goods for import, pay any import duties or carry out any import customs formalities. The Customer shall pay the value added tax (VAT) applicable in his country.
9.4 Non-delivery or delayed delivery. The Seller shall not be liable for non-delivery or delayed delivery of the Products in the following cases:
- a) If the Seller's suppliers have failed to deliver the goods for the manufacture of the Products within the agreed time;
- b) if the Seller cannot procure the unavailable Products due to circumstances beyond its control.
In any event, the Seller shall promptly notify the Customer of any unavailability of the Products.
9.5 Non-delivery or delayed delivery due to force majeure. The Seller shall not be liable for non-delivery or delayed delivery due to causes of force majeure, such as - by way of example but not limited to: strikes, measures of the Public Authorities, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, earthquakes, wars, insurrections. The Seller shall promptly notify the Customer of the occurrence and disappearance of a cause of force majeure. Should the cause of force majeure persist for a period exceeding 30 (thirty) days, each of the Parties shall be entitled to withdraw from the Contract. In the event of withdrawal under this Article, the Customer shall not be entitled to any indemnity or compensation for any reason whatsoever, without prejudice to the right to reimbursement of any sums already paid for the Product subject of the Order.
10.1. Forfeiture and Limitation Period. If the Customer discovers defects in the Products purchased, he may contact the Seller, under penalty of forfeiture within 8 days of discovery and report the defect. After this period, the Seller shall not be liable for defects discovered by the Customer.
10.2 Notification of Defect. The Seller invites the Customer to describe in as much detail as possible the nature of the defect found and, if necessary, to transmit copies of the Order documents, indicate the Order number, and any other data useful for the correct identification of the claim.
10.3 Return of Products for defects. In the event that the warranty provides for the return of the Product to the Seller, the Product shall be returned by the Customer with the original packaging complete in its parts (including the documentation present inside the packaging, and any accessory equipment), within 10 days of the communication of the defect.
10.4 Exemption from warranty. The Products shall not be warranted for defects in the event that the Customer has made improper use of the Products, or if the Products have been altered or modified without the written consent of the Seller, or have been stored improperly taking into account the characteristics of the Products, or have been installed incorrectly or without observing the installation instructions in detail.
10.5 Withdrawal of defective Products. The Customer undertakes to support the Seller in withdrawing defective Products from the market in the event of an express request by the Seller.
- Right of withdrawal
11.1 Notification of withdrawal from the contract
The customer has the right to withdraw from the contract, without stating reasons, within 15 days from the moment the customer or a third party other than the carrier and the designated customer acquires physical possession of the goods.
The right of withdrawal applied to this contract is excluded in respect of:
- the supply of made-to-measure or clearly customised goods;
- the supply of goods that are liable to deteriorate or expire rapidly;
In order to exercise the right of withdrawal, the customer must inform Itex srl of his or her decision to withdraw from this contract by means of an explicit declaration (e.g. letter sent by post, fax or e-mail) sent to the following references:
- Itex srl - Via Chiuso Andria Spinazzola 20, 76013 Minervino Murge (BT), ITALY - P. IVA 08320870721
- e-mail: email@example.com
In order to comply with the withdrawal period, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
11.2. Return of Goods
The customer must return the goods or deliver them to Itex srl at the references above without undue delay and within 14 days from the day he communicated his withdrawal from this contract. The deadline is met if the goods are returned before the expiry of the 14-day period.
The customer will bear the direct costs of returning goods.
11.3 Effects of Withdrawal
If the customer withdraws from this contract, all payments he has made to Itex srl, including any delivery costs, will be reimbursed without undue delay and in any event no later than 14 days from the day on which we are informed of his decision to withdraw from this contract.
The reimbursed value shall only refer to articles in perfect condition and shall be proportionally reduced according to the deterioration of the articles caused by the customer. However, the customer shall only be liable for the decrease in value of the goods resulting from handling the goods other than what is necessary to establish the goods' nature, characteristics and functioning.
The refund is suspended until receipt of the goods or until the customer proves that he has returned the goods, whichever is earlier.
Such refunds shall be made using the same means of payment as was used for the initial transaction, unless the customer has expressly agreed otherwise; in any event, the customer shall not incur any costs due to such a refund.
- Protection of Intellectual Property Rights
12.1 Site. The content of the Site, by way of example but not limited to texts, photos, trademarks, images, description of the Products, is the property of and is managed by the Seller and it is forbidden to copy, reproduce or dispose of it in any way, without the written consent of the Seller.
12.2 Printing of material contained on the Site. The Customer may only print the material on the Site with the Seller's prior authorization.
- Early termination
13.1 Termination with immediate effect. Either party may terminate this Agreement with immediate effect by notice in writing by means of transmission that provides evidence and the date of receipt of the notice in the event of material default by the other party or in the event of exceptional circumstances justifying early termination.
13.2 Circumstances of material breach. The Parties agree that a breach of Articles 8.3, 8.5, 9.2, 9.5 of this Contract shall be deemed to constitute a material breach of the Contract. Furthermore, any breach of contractual obligations may be considered a material breach if, despite written notice to perform having been given by a Party, the Party called upon to perform fails to do so within a period of fifteen (15) days.
13.3 Circumstances justifying early termination. The Parties agree to consider as circumstances justifying the early termination of the Agreement the following situations: bankruptcy or other insolvency proceedings, liquidation, transfer of assets to creditors, any substantial change in the control, ownership and/or management of one of the Parties as well as any circumstance capable of substantially affecting a Party's ability to perform its obligations under this Agreement.
- Validity of the contract
14.1 Invalidity of a term. The nullity or invalidity of a term does not entail the nullity or invalidity of the whole Contract.
14.2 Replacement of the invalid clause. The Parties expressly agree to replace, where possible, the invalid or void provision with another provision having content similar to their original intentions and consistent with the content of the contractual relationship between them.
- Non-injury clause
Failure by the Seller to exercise its rights under this Contract shall not entail a waiver on the part of the Customer to exercise such right at a later date based on different circumstances and/or to apply other provisions of the Contract.
- Communications - Language of the Contract
16.1 Written Form. Notices under this Contract shall be in writing in Italian or English and sent by the Customer to the following address of the Seller:
Itex Srl srl - Via Chiuso Andria Spinazzola 20, 76013 Minervino Murge (BT), ITALY - VAT No. 08320870721
16.2 Language. This Agreement, drafted in English, may be translated by the other party into another language. In the event of any conflict in the terms, the meaning of the Italian version shall prevail.
- Applicable law
These General Terms and Conditions of Online Sale are governed by Italian law.
- Mediation and Arbitration Clause
18.1 Mediation. Any dispute relating to the interpretation, execution, validity and termination of this Agreement shall be submitted to an attempt at mediation, in accordance with the mediation rules in force of the Italian Delegation of the Centre de Médiation de l'Europe, la Méditerranée et le Moyen Orient (the Centre) (a division of the Centre Européen d'Arbitrage et de Médiation, with headquarters in Strasbourg) registered with the Ministry of Justice under no. 206, by a mediator appointed by the Italian Delegation or its competent Section. Place of mediation: Bari. Language: Italian.
18.2 Arbitration Clause. If the attempt at mediation fails within forty-five (45) days from the filing of the request for mediation, or within a different term agreed upon by the Parties, the dispute shall be referred to the decision of a sole arbitrator to be appointed by the Italian Delegation of the European Court of Arbitration (with seat in Strasbourg) who shall decide according to the accelerated national rules of procedure of the Italian Delegation of said Court, which the Parties declare they accept. The sole arbitrator shall decide according to law. The arbitration procedure will take place in Bari. Language: Italian.
18.3 Urgent Measures. In any case, the Parties reserve the right to bring an action before the competent judicial authority if they need urgent measures to protect their rights.