- Scope and identity of the seller
1.1 The following General Conditions of Sale govern the offer and sale of products on this website www.bjdistribuzione.it (Site). The products marketed on the Site (Products) are offered and sold by BJ Distribuzione (VAT number 07273961214), with registered office in Corso Italia, 61, Sorrento (Na), Italy (BJ Distribuzione). The sale of Products through the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 It is possible to request information, send communications, request assistance or submit complaints by contacting BJ Distribuzione in the following ways:
(i) by telephone, at +39 081 807 23 06, from Monday to Friday at the following times: 9:00 – 12:00 / 13:00 – 18:00;
(ii) by email, at the address firstname.lastname@example.org;
(iii) by filling in and sending the “online form” available at the page www.bjdistribuzione.it/contatti. BJ Distribuzione will respond to complaints submitted within five working days of receiving them.
1.3 Access to sales made through the Site is reserved exclusively for users over the age of 18. Access to the offers on the Site is allowed to both users and consumers. Please note that for “consumer”, pursuant to art. 3, I comma, lett. a) of the Consumer Code, means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1.4 With reference to the sales made on the Site, BJ Distribuzione offers its Products, makes deliveries and undertakes exclusively on the basis of these General Conditions of Sale.
1.5 Italian is the only language in which these General Conditions of Sale are expressed as well as the one available to you for the conclusion of the purchase contract for Products on the Site.
1.6 You can view and print the General Conditions of Sale in force from time to time by accessing the page of the Site https://www.bjdistribuzione.it/termini-e-condizioni. The concluded contract will be stored on the BJ Distribuzione server.
2 – Registration on the Site. Information aimed at concluding the contract
2.1 The purchase of Products on the Site can take place with or without registration on the Site. Registration on the Site is free. To register on the Site, you must access the home page of the Site, click on the “Create new account” button and fill in the relevant form. After this you will receive from BJ Distribuzione an email confirming your registration containing your login credentials to the Site. In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, BJ Distribuzione informs that in order to conclude the purchase contract for one or more Products on the Site, you must fill out an order form in electronic format and send it to BJ Distribuzione, electronically, following the instructions that will appear on the Site from time to time and that will accompany the different stages of the purchase.
2.2 After placing one or more Products in the “Cart” and before proceeding with sending the order, you can check, and, if necessary, modify and / or correct, the data entered in your order. By clicking on the “Buy” button you will place a binding order. The contract is concluded when the order form reaches the BJ Distribuzione server.
2.3 Following receipt by BJ Distribuzione of the order form, you will receive from BJ Distribuzione (at the email you indicated when registering on the Site or, alternatively, during the purchase process), confirmation of the ‘order, containing the special conditions applicable to the contract as well as information relating to the characteristics of the Products purchased, the detailed indication of the price, the means of payment used, information on delivery costs (if applied) and on any additional costs, as well as the contacts of the Consumer Service, which you can contact to request assistance and / or submit complaints. It is recommended to keep the email received as proof of purchase. The order confirmation will also contain links to the pages of the Site where you can view the General Conditions of Sale and information on the right of withdrawal, the standard instructions on withdrawal and the standard withdrawal form pursuant to art. 9.
2.4 The order form will be stored in the BJ Distribuzione database for the time necessary to process the order and, in any case, within the terms of the law. If you are registered on the Site, to access your order form, you can consult the “Your orders” section of the Site where you will find a list of all orders placed. In the event that you are not registered on the Site, to receive information about the orders placed, you can contact BJ Distribuzione at the contacts referred to in art. 1.2, communicating the order number contained in the email referred to in art. 2.3.
3 – Prices. Delivery costs
3.1 The prices shown in the information sheet that illustrates the main characteristics of the Product (Product Sheet) include taxes and duties (if applicable). Delivery costs are applied based on the total weight of the order placed and are calculated at checkout once the user has entered their address.
3.2 The price of the Products may be changed by BJ Distribuzione at any time, without notice, it being understood that the price charged to you will be the one published on the Product Sheet at the time the order is placed. Any changes (increasing or decreasing) in the price subsequent to the transmission of the order will not be taken into account.
4 – Payment terms. Nonpayment
4.1 The payment of the Products can be made by choice with:
- Credit card;
4.2 The total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form (Total Total), will be charged to your credit card or on your PayPal account following the conclusion of the purchase process and before the shipment of the Product.
4.3 In the event that you are in default in relation to any payment, legal interest will accrue at your expense, starting from the due date.
4.4 By choosing payment via PayPal, you will be redirected to the website www.paypal.it where you will pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between you and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with BJ Distribuzione. The latter is therefore unable to know and does not in any way store the data of the credit card connected to your PayPal account or the data of any other payment instrument connected with this account. The Total Total will be charged to you by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to you will be credited to your account. PayPal. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, BJ Distribuzione cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly.
5 – Compensation
5.1 Any offsetting between your credit and a debt towards BJ Distribuzione arising in relation to the purchase contract for Products on the Site may only take place in the cases provided for by articles 1241 and following of the civil code.
6 – Delivery
6.1 Unless otherwise agreed, the Products will be shipped from BJ Distribuzione’s warehouse to the address indicated by you in the relevant purchase order. The shipping costs of the Products and any other additional costs are charged to the user, unless otherwise indicated in the Product Sheet or in other parts where it is communicated. Their amount will be expressly and separately indicated (in Euros and inclusive of VAT if due) in the order summary and, in any case, before the user proceeds with the transmission of the same, as well as in the order confirmation e-mail. .
6.2 Delivery is not made in Australia and Canada. In the event that the shipping address is at one of these locations, BJ Distribuzione will terminate the contract pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the reimbursement of the Overall Total, if already paid, in the manner set out in art. 6.3 below.
6.3 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order. In any case of unavailability of the ordered Product, without prejudice to the rights attributed to you by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, you will be promptly informed by email or by telephone. You will, therefore, be entitled to immediately terminate the contract, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that you make use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the amount due has already been made, BJ Distribuzione, without prejudice to your right to compensation for damage, will reimburse this amount without undue delay and, in any case, within the maximum term of 15 working days from the sending of the order. The refund amount will be communicated to you via email. This amount will be credited to the same payment method you used for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
6.4 In the case of an order concerning a plurality of Products (Multiple Order), if the unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to you by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.3, if the unavailability concerns all the Products object of the order – BJ Distribuzione will notify you immediately by email or by telephone of this circumstance. You will therefore be entitled to immediately terminate the contract, limited to the Product (s) that have become unavailable, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that you make use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, in relation to the Product (s) that have become unavailable or in any case in which the payment of the Overall Total has already been made, BJ Distribuzione, without prejudice to your right to compensation for damage, will reimburse the amount due in relation to such Product / s, including delivery costs if paid (the reimbursement of delivery costs will be calculated as provided for in art.7.5) and any other costs additional payment due specifically for these Products (Partial Total Total) without undue delay and, in any case, within the maximum term of 15 working days from the order being sent. The refund amount will be communicated to you via email and the refund will be made within the terms set out in art. 7.3. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order which have become unavailable compared to the other Products covered by the Multiple Order available.
6.5 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated in the Product Sheet and in the order confirmation, you, pursuant to art. 61 of the Consumer Code, may invite BJ Distribuzione to make the delivery within an additional deadline appropriate to the circumstances (Additional Deadline pursuant to Article 61, paragraph III, Consumer Code). If this additional term expires without the Products having been delivered to you, you are entitled to terminate the contract (Termination of the Contract pursuant to Article 61, paragraph III, Consumer Code), without prejudice to the right to compensation for damage.
You are not burdened with the burden of granting BJ Distribuzione the Additional Term pursuant to art. 61, paragraph III, Consumer Code (Cases excluded) if:
a) BJ Distribuzione has expressly refused to deliver the Products;
b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) You have informed BJ Distribuzione, prior to the conclusion of the contract, that delivery by or on a specified date is essential.
In the Excluded Cases, if you do not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, you are entitled to immediately terminate the contract, without prejudice to the right to compensation for damage (Termination of the Contract in the Excluded Cases ).
The indication of the Supplementary Term pursuant to art. 61, paragraph III, Consumer Code and the notice of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in the Excluded Cases must be communicated to BJ Distribuzione at the addresses referred to in art. 1.2.
In the event of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in the Excluded Cases, BJ Distribuzione will reimburse you the Overall Total without undue delay. The reimbursement will take place in the manner set out in art. 6.3.
In the event that you do not proceed with setting the Additional Term pursuant to art. 61, paragraph III, of the Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in Excluded Cases, without prejudice to your possibility of availing yourself at any time of these remedies and / or of the ordinary means of protection made available by the law and, in particular, by the Head XIV of Title II of Book IV of the Civil Code, BJ Distribuzione undertakes to promptly notify you by e-mail of the delay in delivery (Delay Notice E-mail), at the same time indicating the new delivery deadline (New Delivery Deadline).
7 – Retention of title clause
7.1 The Products will remain the property of BJ Distribuzione until you have paid the Grand Total. The risk of loss or damage to the Products, for reasons not attributable to BJ Distribuzione, on the other hand, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.
7.2 BJ Distribuzione will process the purchase order, and then ship the purchased Products, only after receiving confirmation of the authorization to pay the Total Total. In the event that the Overall Total is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. You will be notified immediately after the order is sent by email of this resolution and the consequent cancellation of the order.
8 – Information on the right of withdrawal and form for exercising the right of withdrawal
8.1 If you act as a consumer, you are the holder of the right of withdrawal pursuant to art. 52 and ss. Consumer Code.
8.2 You have the right to withdraw from the purchase contract within fourteen calendar days without having to provide any reasons and without having to incur costs other than those provided for in art. 8.3. The withdrawal period (Withdrawal Period) expires after 14 days:
a) in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the Products;
b) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
8.4 To exercise your right of withdrawal, you must inform BJ Distribuzione of your decision to withdraw from the purchase contract, at the following addresses:
Company: BJ Distribuzione
Address: Corso Italia, 61 – Sorrento (Na) – Italy
Phone: +39 081 807 23 06
by submitting an explicit statement (for example, an email or a letter).
Regardless of the method you have chosen to communicate your decision to withdraw from the purchase contract, BJ Distribuzione will immediately send you, by email, a confirmation of receipt of the request for withdrawal.
8.5 You have exercised your right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of this right is sent before the expiration of the Withdrawal Period.
8.6 If you withdraw from the contract, BJ Distribuzione will reimburse the Total Total, including delivery costs, if incurred (in any case, with the exception of additional costs deriving from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by BJ Distribution), without undue delay and in any case no later than 14 calendar days from the day on which BJ Distribution was informed of your decision to withdraw from the contract. The refund amount will be communicated via email; the refund will be made using the same payment method you used for the initial transaction; in any case, you will not have to incur any costs as a consequence of this reimbursement.
8.7 BJ Distribuzione may withhold the refund until it has received the Products or until you have demonstrated that you have returned the Products, whichever occurs first.
8.8 You are required to return the Products or to deliver them to:
BJ Distribuzione, Corso Italia, 61 – 80067 Sorrento (Na) – Italy
without undue delay and in any case no later than 14 days from the date on which you notified BJ Distribuzione of your decision to withdraw from the contract. The deadline is met if you send back the Products before the 14 day period has expired.
8.9 You are solely responsible for the decrease in the value of the Products resulting from the handling of the Products other than that necessary to establish the nature, characteristics and functioning of the goods.
8.10 Please do not damage or soil the Products. It is also requested to return the Products inside their original protective paper or film, with all their accessories and together with their packaging components. Where appropriate, it may use protective outer packaging. If you no longer have the original packaging, please use appropriate packaging in order to provide sufficient protection against damage during transport and thus prevent a claim against you by BJ Distribuzione for damages resulting from a unsuitable packaging.
8.11 Before returning any Product, please contact BJ Distribuzione at the following number: +39 081 807 23 06 or send an email to email@example.com communicating your intention to return the Product; this will allow BJ Distribuzione to proceed with the refund due to you as soon as possible.
8.12 As indicated in art. 8.11 does not constitute a condition whose fulfillment is subject to the exercise of your right of withdrawal.
8.13 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. BJ Distribuzione will notify you within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by BJ Distribuzione, will remain at the latter’s disposal for collection, which must take place at your expense and under your responsibility.
8.14 In the event that, in one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before you proceed with the transmission of the order.
9– Risks during transport. Damage in transit
9.1 BJ Distribuzione will bear the risk of loss or damage to the Products, for reasons not attributable to it, until you, or a third party designated by you and other than the carrier, has materially taken possession of the goods. In the event that Products obviously damaged during transport are delivered, please report such defects immediately to the carrier and contact BJ Distribuzione as soon as possible at the addresses referred to in art. 1.2.
9.2 If you fail to notify the carrier or contact BJ Distribuzione pursuant to art. 9.1, this will not affect the rights recognized to you by law. In any case, you agree to provide BJ Distribuzione with adequate assistance with reference to the actions taken by the latter against the carrier or the carrier’s insurance company.
10 – Legal Guarantee of Conformity
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Consumer Code (Legal Guarantee).
WHO IT APPLIES TO
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not play the role of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.
WHEN IT APPLIES
The seller (and, therefore, with regard to purchases made on the Site, BJ Distribuzione) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, you must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for you, for the purposes of this proof, to keep the purchase invoice, which BJ Distribuzione sends you, or any other document that can certify the date of the purchase (for example the card statement credit) and the date of delivery.
WHAT IS THE DEFECT OF CONFORMITY
There is a lack of conformity when the purchased good:
- it is not suitable for the use for which goods of the same type are usually used;
- does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
- it does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling;
- it is not suitable for the particular use desired by the consumer and that it has been brought to the attention of the seller at the time of the conclusion of the contract and that the seller has accepted.
Any faults or malfunctions or defects of any other type caused by accidental events or by your responsibility or by a use of the product that does not comply with its intended use and / or as provided in the attached technical documentation are therefore excluded from the scope of the Legal Guarantee. to the product, if any, or in the instructions for use relating to the same.
REMEDIES AT YOUR DISPOSAL
In case of lack of conformity duly reported within the terms, you have the right:
- primarily, to the repair or free replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other and, therefore, in the specific case, considering the type of sale, to the replacement, where this is possible in relation to the number of specimens still available for sale;
- secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at your choice.
The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.
WHAT TO DO IN THE PRESENCE OF A CONFORMITY DEFECT
In the event that a product purchased on the Site, during the validity period of the Legal Guarantee, manifests what could be a lack of conformity, you must contact BJ Distribuzione, at the addresses and in the manner indicated in art. 1.2. BJ Distribuzione will promptly reply to the communication of the alleged lack of conformity and will indicate the specific procedure to follow, also to agree on the shipping methods of the goods, also taking into account the product category to which the product belongs and / or the reported defect.
RIMBORSO O RIDUZIONE IN CONSEGUENZA DELLA APPLICAZIONE DELLA GARANZIA LEGALE
In caso di risoluzione del contratto, BJ Distribuzione Le restituirà il Totale Complessivo pagato. In caso di riduzione del prezzo, BJ Distribuzione restituirà l’importo della riduzione, previamente concordato con Lei.
L’importo del rimborso o della riduzione Le verrà comunicato via email e accreditato sul mezzo o la soluzione di pagamento da Lei utilizzato/a per l’acquisto.
11 – Disposizioni finali
11.1 Nell’ipotesi in cui una o più disposizioni contenute nelle presenti Condizioni Generali di Vendita sia o venga dichiarata invalida, ciò non comporterà l’invalidità delle altre disposizioni. Le definizioni al singolare hanno lo stesso significato al plurale, e viceversa.
11.2 Le immagini e le descrizioni presenti sul Sito riproducono quanto più fedelmente possibile le caratteristiche dei Prodotti. I colori dei Prodotti, tuttavia, potrebbero differire da quelli reali per effetto delle impostazioni dei sistemi informatici o dei computer da Lei utilizzati per la loro visualizzazione. Le immagini del Prodotto presenti nella Scheda Prodotto, inoltre, potrebbero differire per dimensioni o in relazione a eventuali prodotti accessori. Tali immagini devono pertanto essere intese come indicative e con le tolleranze d’uso. Ai fini del contratto di acquisto, farà fede la descrizione del Prodotto contenuta nel modulo d’ordine.
11.3 Se Lei agisce in qualità di consumatore le presenti Condizioni Generali di Vendita sono disciplinate dalla (e devono essere attuate in base alla) legge italiana, con particolare riferimento al Codice del Consumo e al Decreto Legislativo 9 aprile 2003, n. 70. Qualora Lei sia un consumatore senza residenza abituale in Italia, sono fatte salve le disposizioni eventualmente più favorevoli e inderogabili previste dalla legge del paese in cui Lei ha la Sua residenza abituale.
11.4 Le presenti Condizioni Generali di Vendita possono essere modificate in ogni momento. Eventuali modifiche e/o nuove condizioni saranno in vigore dal momento della loro pubblicazione sul Sito. Per questo motivo Lei è invitato ad accedere con regolarità al Sito e a consultare, prima di effettuare qualsiasi acquisto, la versione più aggiornata delle Condizioni Generali di Vendita. Le Condizioni Generali di Vendita applicabili sono quelle in vigore alla data di invio dell’ordine di acquisto.
11.5 Per qualsiasi controversia o azione derivante dalle presenti Condizioni Generali di Vendita sono competenti le autorità giudiziarie italiane. Qualora Lei agisca in qualità di consumatore, l’autorità giudiziaria competente è quella del luogo di Suo domicilio o residenza.
11.6 Se Lei risiede in uno Stato membro dell’Unione Europea diverso dall’Italia, può, inoltre, accedere, per ogni controversia relativa all’applicazione, esecuzione e interpretazione delle presenti Condizioni Generali di Vendita, al procedimento europeo istituito per le controversie di modesta entità, dal Regolamento (CE) n. 861/2007 del Consiglio, dell’11 luglio 2007, a condizione che il valore della controversia non ecceda, esclusi gli interessi, i diritti e le spese, Euro 2.000,00. Il testo del regolamento è reperibile sul sito www.eur-lex.europa.eu.