TERMS AND CONDITIONS
These conditions are valid exclusively between the company Berg Orange S.r.l. with registered office in Piazza San Romano 15, Lucca, Italy, VAT 0248 5210 468, hereinafter called “COMPANY” and any user who makes purchases online on the website www.eddaberg.com, hereinafter called “CUSTOMER”.
These conditions govern purchases made on the website www.eddaberg.com, in compliance with the provisions contained in Chapter III, Title III, Part I, of the Consumer Code, Italian Legislative Decree No. 206/2005, modified by Italian Legislative Decree No. 21/2014 and by Italian Legislative Decree No. 70/2003 regarding e-commerce that can be consulted at the following links:
ARTICLE 1 – OBJECT OF THE CONTRACT
With these general sales conditions, the COMPANY sells to the customer, who purchases from a distance, the goods offered for sale on the website www.eddaberg.com.
The contract is only concluded over the internet via Customer access to the address www.eddaberg.com and by sending a purchase order according to the procedure set forth on the website.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF ITALIAN LEGISLATIVE DECREE 206/2005
Before completing the purchase contract, the CUSTOMER notes the characteristics of the goods, as illustrated in the individual product sheets at the time they are chosen.
Before completing the purchase contract and sending in the order with “obligation to pay”, the Customer is notified of the following:
- total price of the goods including taxes, with detailed information regarding shipping and any other costs;
- payment method;
- transport costs;
- conditions, terms and procedures to exercise the right of withdrawal;
ARTICLE 3 - CONCLUSION AND EFFICACY OF THE CONTRACT
The sales contract is considered concluded and formalized when the COMPANY sends the CUSTOMER an email confirming the order.
The COMPANY reserves the right to not accept or process incomplete orders or orders lacking foundational information.
The CUSTOMER must verify the correctness of the personal data contained therein and promptly communicate any corrections.
The COMPANY describes and presents the articles sold on its website in the best way possible. Despite this, errors, imprecisions or small differences may be present between what is described on the website and the actual product. Additionally, the photos of the products presented on www.eddaberg.com do not constitute a contractual element, as they are only representative of the product.
ARTICLE 4 – NATURe of the relationship and cases of non-applicability of the consumer protection norms
In compliance with Italian and EU laws currently in force, the economic relationship between the COMPANY and the customer is governed by consumer protection legislation only when customerS purchase for personal purposes unrelated to their work. Therefore, the relationship between the COMPANY and the CUSTOMER who buys for purposes related to their work providing their VAT number does not fall under the application of the consumer protection norms, including in particular Italian Legislative Decree No. 185 of 1999 (distance contracts), Italian Legislative Decree No. 50 of 1992 (right of withdrawal) and Articles. 1469a et seq. cc.
ARTICle 5 – product availability
The availability of the products indicated on the website refers to the effective availability at the time the Customer places the order. This availability must be considered indicative, however, because due to the simultaneous presence of several users on the website, the products could be sold to other Customers before the order is confirmed.
Even after an order confirmation email has been sent, cases of partial or total unavailability of the goods may take place. In this case, the order will be automatically rectified by removing the product that is not available, and the CUSTOMER shall be immediately informed via email.
ARTICle 6 – payment METHODS
We accept the following forms of payment:
The customer can make the payment using a personal PayPal account or by choosing not to register with the PayPal service and paying securely through credit card or prepaid card. For details and registration methods, visit the website www.paypal.it.
- American express
Bank Transfer in favor of: Berg Orange S.r.l. on CARIPARMA S.p.A., Agenzia Lucca (LU) - Via Vittorio Veneto, IBAN: IT 09 C 06230 13704 000035394202 BIC: CRPPIT2P428
CASH-ON-DELIVERY – VALID ONLY FOR ITALY
Should you wish to pay COD, a contribution of € 6 will be added to the total amount for related fees.
ARTICle 7 – PRices and promotions
All sales prices for the products indicated on the website www.eddaberg.com are expressed in euro and include VAT.
The shipping costs are not included in the purchase price but are indicated and calculated at the time the purchase process is completed and before payment is made.
The CUSTOMER accepts the COMPANY’s right to modify its prices at any time. However, the goods shall be invoiced based on the prices indicated on the website at the time the order is created and indicated in the confirmation email sent by the COMPANY to the CUSTOMER.
In the event of an IT, manual, technical error or an error of any other nature that may entail an unexpected substantial change in the sales price to the public by the COMPANY that renders it exorbitant or clearly too low, the purchase order shall be considered not valid and cancelled and the sum paid by the CUSTOMER shall be refunded within 14 days from the date of cancellation.
Any special offers or promotions proposed by www.eddaberg.com are valid until their expiry date or until the products object of the promotion are sold out.
The discount code represents a special promotion. It can be reserved to anyone, only to those registered for the newsletter or only to customers, at the COMPANY’s discretion. The discount code is valid for a limited time, clearly indicated by the COMPANY. Every discount code can be used just once unless otherwise specified.
ARTICle 8 – RIGHT TO WITHDRAW AND TO A REFUND
In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products. The methods for the Return service are described in the paragraph RETURNS AND EXCHANGES.
The Customer who intends exercising the right to withdraw must communicate it to the COMPANY through an explicit statement, which may be sent through registered letter with return receipt or by sending an email to the address firstname.lastname@example.org containing the decision to withdraw from the contract.
If the right to withdraw is exercised, the Customer must return the goods within 14 days of the date in which notification of the desire to withdraw from the contract was sent to the COMPANY, as set forth in Art. 57 of Italian Legislative Decree 206/2005.
The goods must be returned to: Berg Orange S.r.l. Piazza San Romano 15, 55100 Lucca (Lu), Italy. For information: tel. +39 347 8388647; email@example.com
It is the CUSTOMER’s responsibility to safeguard the goods received together with the original packaging using the utmost care.
The goods must be returned in their entirety, in the original packaging, including all of its parts and including the tax documentation.
Provided the above has been followed, the COMPANY will reimburse the amount for the returned products within a maximum period of 14 days. Shipping costs and risks involved for the return of the goods are to be borne by the CUSTOMER in whole.
Refund will be pursuant to means and methods of payment at the COMPANY’s discretion.
ARTICle 9 – delivery METHOD
The COMPANY ships mainly through GLS express courier, who delivers the goods on average within 2 working days of the shipment’s departure. The COMPANY shall send the CUSTOMER the tracking number via email that the CUSTOMER can use to track the shipment. Hence, in the event of a wrong address or if the package is not received in the location indicated, the COMPANY reserves the right to charge any costs for storage.
Special delivery terms and conditions must be agreed upon in advance between the CUSTOMER and the COMPANY via email or by phone and accepted by both parties.
In any case, the goods travel on behalf and at the risk of the CUSTOMER.
The COMPANY is not responsible for any delays or damages deriving from transport.
Should the CUSTOMER refuse to accept the package, the COMPANY may ask him/he for the entire amount of the shipping costs sustained in order for the package to return to the sender.
The delivery terms indicated at www.eddaberg.com refer to the products in stock and are intended as not limiting, since they may be modified by the COMPANY in the event of need.
The COMPANY reserves the right to deliver the products relative to the same order in several deliveries without additional charges applied to the customer.
When the goods are received at his/her address, the CUSTOMER must check the integrity of the items and the correspondence as far as quantity and quality with what is indicated in the accompanying document. In the event of discrepancies and/or differences, the CUSTOMER must note these on the transport document (delivery note or airway bill), under penalty of forfeiture of his/her rights in this regard.
The CUSTOMER has the right to communicate any problems (errors in delivery, mistakes, or delays in delivery) in writing to the following email address: firstname.lastname@example.org or by calling +39 349 5175750 or +39 347 8388647 from Monday to Friday, from 9 am to 1 pm and from 2 pm to 6 pm.
ARTICle 10 - RESPONSiBILITY
The COMPANY shall not be responsible for interruptions in service due to force majeure or accidents, even where due to malfunctions or interruptions of the internet network, in the event it cannot execute the order within the times set forth in the contract.
The CUSTOMER guarantees, taking on every responsibility and holding the COMPANY harmless from any prejudicial consequence, that his/her data supplied upon acceptance of these general conditions, are true and allow detecting the true identity of the CUSTOMER himself/herself, who also pledges to immediately inform the COMPANY in writing, also through email, of any change in the data provided. The CUSTOMER is also informed of the need to communicate to the COMPANY a valid email address in order to allow it to forward order confirmations and any other communication.
The COMPANY guarantees only the physical integrity of the products at the time of delivery. Any defects must be reported by the CUSTOMER, subject to revocation, no later than 14 days from the date of delivery. The CUSTOMER is entitled to the replacement of damaged products once these are returned. The CUSTOMER does not have the right to compensation for any damage, even additional. The shipping costs necessary for the replacement of the Products shall be borne by the CUSTOMER.
Without prejudice to the case of fraud or gross negligence by the COMPANY, it is now agreed that the responsibility cannot exceed the price of the products purchased by the CUSTOMER and for which the dispute arose.
ARTICle 11 – VALIDITy of the communications
The customer agrees that the notification and the communications concerning all the online services (including those relative to purchase orders) be transmitted by the COMPANY in electronic format (electronic mail), through web service or through registered letter with return receipt. Hence, he/she recognizes the full validity and expressly renounces as of now to disown the contents of the statements sent and/or received in electronic and/or paper format.
ARTICle 12 – PRIVACY and COOKIES
RIGHT TO PRIVACY
The COMPANY informs that it is possible to enter the website www.eddaberg.com without being a registered user and access the information, the product description sheets, the basic price list and all those services that do not require the entry of personal data in order to be used.
To use the online purchase services, the data requested must be entered. Data provision is not compulsory but it is aimed at constituting and maintaining the contractual relationships with the COMPANY that cannot take place in the event of refusal. In relation to the above-mentioned data, the CUSTOMER can exercise the rights mentioned in Italian Legislative Decree No. 196/2003.
The data provided by you or in any case referring to you can be communicated:
- to external subjects performing specific tasks on our behalf (delivery of goods, producers of the item requested, accounting staff, tax officials, IT system management, market research);
- banks for the management of proceeds and payments deriving from the execution of contracts.
The personal data requested during registration to the website and order processing shall be processed both manually and through automated instruments in full respect of current norms in force (Italian Legislative Decree No. 196/03). It is possible to request their cancellation or modification at any time. Refusal by the CUSTOMER to provide his/her personal data and authorize their processing shall entail the impossibility of the sales relationship.
Controller and Manager of the data collected is:
Berg Orange S.r.l. – Piazza San Romano 15 – 55100 – Lucca – Italy
ARTICle 13 - COMPLETENESS
These general Sales Conditions are composed by all the clauses included therein. If one or more of the provisions of the present General Sales Conditions is retained not valid or declared as such pursuant to the law, to regulations or following a decision by a competent court having jurisdiction, the other provisions shall continue to have full force and efficacy.
ARTICle 14 – Governing laws and Jurisdiction
These General Sales Conditions are governed by Italian Law.
Any disputes that are not solved amicably will fall under the exclusive jurisdiction of the Court of Lucca.
In any case, it is possible to optionally recur to mediation procedures pursuant to Italian Legislative Decree No. 28/2010 for the resolution of any disputes in the interpretation and in the execution of the present sales conditions.