Terms of service

GENERAL CONDITIONS OF SALE, in force from 17/04/2020

Premise

This information is provided for the site" www.bienjugado.it "( Site ) owned by BIENJUGADO srl, with registered office in Via Aurelia Nord, 27 Pietrasanta (LU) cap55045, with PVAT no. 02600370460; ( Company ), as Data Controller.

Art1Scope of

1.1   Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (art45 et seq.) Of the Legislative Decree 6 September 2005, n206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n70, containing the regulation of electronic commerce.

1.2   The General Conditions of Sale apply to all sales made by the Company on the SiteThe terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3   The General Conditions of Sale can be changed at any timeAny changes and/or new conditions will be effective from the moment of their publication on the SiteYou are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale.

1.4   The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5   These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Company that may be present on the Site through links, banners or other hypertext links.Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of saleThe Company is not responsible for the provision of services and/or for the sale of products by such partiesThe Company does not carry out any checks and/or monitoring on the websites accessible through these linksThe Company is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.

1.6   You are required to carefully read these General Conditions of Sale as well as all other information that the Company provides on the Site, even during the purchase procedure.

Art2Purchases on the Site

2.1   The purchase on the Site

  • it can also take place without registering on the Site
  • it is allowed both to users who have the quality of consumers and to users who do not have this quality.

2.2   Pursuant to art3, I comma, letta) of the Consumer Code, it is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisan activity carried out.

2.3   Under no circumstances may resellers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale be able to make purchases on the Website.It is therefore forbidden for these subjects to make purchases on the Site.

2.4   In the case of orders, coming from anyone who are anomalous in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to stop the irregularities.

2.5   The Company reserves the right to refuse or cancel orders that come from:

  • by a user who has released false, incomplete or in any case inaccurate identification data or who has not promptly sent the Company the documents requested by the same or who has sent invalid documents

Art3Registration on the Site

3.1   To register on the Site, you must fill in the appropriate form, entering the following data:

  • first name
  • last name
  • e-mail
  • password.

3.2   You undertake to inform the Company immediately in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site.

3.3   The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Company harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by part of the user of the rules on registration on the Site or on the conservation of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Company's right to disable the user's account.

Art4Information aimed at the conclusion of the contract

4.1   In accordance with the Legislative Decree 9 April 2003, n70 containing provisions on electronic commerce, the Company informs you that:

  • to conclude a purchase contract on the Site, you must fill in an order form in electronic format and send it to the Company, electronically, following the instructions that will appear on the Site from time to time
  • the contract is concluded when the order form reaches the Company's server
  • once the order form has been received, the Company will send you the order confirmation to the e-mail address indicated, containing:
    • information relating to the characteristics of the purchase
    • the indication of the price
    • the indication of the payment method used
    • an indication of the delivery costs
    • the indication of the delivery deadline
    • indication of delivery costs and any additional costs.

Art5Availability of Products

5.1   The Products offered on the Site are limited in numberIt may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

5.2   The Site contains information relating to the availability of each Product.

5.3   You will be informed in case of unavailability of the ordered ProductIn this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art61, IV and V paragraphs, of the Consumer Code.

5.4   Alternatively, you can accept:

  • if a restocking is possible, an extension of the delivery terms, offered by the Company, with indication of the new delivery deadline.

5.5   If a refund is requested for the amount paid for the purchase of Products which later proved to be unavailable, the Company will make the refund within a maximum period of 20 days.

5.6   In the event that you make use of the right of termination pursuant to art61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order ( Total Amount Due ) has already occurred, the Company will reimburse the Total Amount Due in accordance with the provisions of the article"Methods of payment"below.

Art6Information sheet

6.1   Each product is accompanied by an information page that illustrates its main characteristics ( Information Sheet )The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possibleThe colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display.Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory productsThese images must therefore be intended as indicative and with the tolerances of use.

Art7Prices

7.1   All the prices of the Products published on the Site are inclusive of the Value Added Tax.

7.2   The Company reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any changes will not be taken into account. (increasing or decreasing) subsequent to the transmission of the same.

7.3   Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.

Art8Purchase orders

8.1   The Company will ship the Products only after having received confirmation of the payment authorization or after having credited the Total Amount Due.The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrierThe risk of loss or damage to the Products, for reasons not attributable to the Company, 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.

8.2   The purchase contract is conditional on the non-payment of the Total Amount DueUnless otherwise agreed in writing with you, the order will consequently be canceled.

8.3   In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages.Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

Art9Terms of payment

9.1   The following payment methods are allowed on the Site:

  • Payment card.

9.2   The Company accepts the credit cards of the circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • Master
  • Google Pay
  • Apple Pay
  • PayPal

In any case, they are indicated in the footer of each page of the Site.

The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has issued the authorization to charge.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company.The Company therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.

The charge will be made at the time the order is placed.

Art10Delivery of Products

10.1   There are no limitations to delivery, except in the cases indicated on the Site and/or in the Product Sheet.

10.2   Delivery is subject to a fee for orders of less than or equal to € 59.00; for higher amounts delivery is free.

10.3 The goods will be entrusted to the courier within 4/5 working days and you will receive the tracking to follow the shipmentShipping takes 1/2 working days, however it may vary depending on the destination addressOrders with customization may require 1/2 days of processing more.

10.4   It is up to you to check the conditions of the delivered ProductWithout prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Company recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and we invite you, in your interest, to indicate any anomalies on the transport document of the carrier, accepting the package with reserveIn the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the CompanyIn any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.

Art11Right of withdrawal

11.1 Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without no penalty and without specifying the reason, within fourteen (14) working days, starting from the day of receipt of the products purchased on the site.

11.2 To exercise the right of withdrawal, the Customer must send an e-mail to info@bienjudago.it specifying the number within fourteen (14) working days from the day of receipt of the Products.Order and the article code (s) for which it intends to make use of the right of withdrawal.

11.3 After receiving the e-mail referred to in the previous article, the Customer will receive all the instructions for returning the Product (s).

11.4 The right of withdrawal is subject to the following conditions:

  • the returned Products must be returned in their entirety and not on parts or components of them even in the case of kits;
  • the returned Products must not have been used, worn, washed or damaged;
  • the returned Products must be returned in their original undamaged packaging;
  • Returned products must be sent to the Seller in a single shipmentThe Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
  • the returned Products must be delivered to the courier within fourteen (14) working days from the date on which you received the products (the delivery date declared by the Courier is valid);
  • in the event that the Seller, in the face of the purchase of a specific package of Products, offers the possibility of purchasing them at a lower price than what would normally be practiced by purchasing them individually (eg5x4, 3x2 etc.), the right of withdrawal can also be exercised with the return of only some of the products purchased:in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the single productIn all other cases (egbundling, option deals, etc.etc.) the right of withdrawal can be exercised only with the return of all the Products purchased, thus excluding any partial exclusion.

11.5 If the right of withdrawal is exercised by the Customer in accordance with the previous conditions (paragraph 8.4), the Seller is required to reimburse the sums paid by the Customer no later than 30 days from receipt by the Seller of the returned products.

11.5.1 Normally the re-credit by the Seller of the amount initially withdrawn takes place very quickly, but the times in which the re-credit will actually be visible for the Customer will depend on his bank, credit card institution or PaypalIn the case of payment of the order on delivery, it will be the Customer's responsibility to indicate how he prefers the refund, choosing between Paypal account and Bank Transfer.

11.6 The Seller also undertakes to bear the initial shipping costs of the Products exclusively in the event of damage to the same due to transport or errors in shipping by the Seller.Only in these cases, the Seller will also reimburse the amount that the Customer has paid as shipping costsThe Seller will send an express courier to collect the Product at the address indicated by the Customer.

11.7 In case of exercise of the right of withdrawal, the Seller will provide the corresponding reimbursement, within 30 days from the date of receipt by the same of the Products returned according to the methods indicated above, by crediting the amount to be reimbursed with the same payment methods. chosen by the Customer at the time of the Order.

11.8 In case of exercising the right of withdrawal without complying with the methods indicated above (egbeyond the 14 days required by law, or without having followed the return instructions), the Seller will send the purchased Products back to the Customer, also charging the additional shipping costs.

11.9 The right of withdrawal cannot be applied in the case of customized products at the explicit request of the Customer at the time of placing the Order.

11.10 EXCHANGE OF GOODS

Before placing an order, carefully evaluate the choice of size using the size charts on the site, possibly by contacting our customer service by writing an email to info@bienjugado.it or through the chat service on our site www.bienjugado.it

In the event of an incorrect purchase, it will be possible to exchange goods by specifying the details via email to be sent within 14 days of delivery.Subsequently, a confirmation email will be sent on the availability or not of the sizeThrough our courier, we will collect the previously purchased goods directly from the customer, delivering the replacement item at the same time.The customer will have to deliver the goods packaged for transport to the courier arrived to make the simultaneous deliveryThis service has a cost of 9.00 euros payable in cash to the courier.

Art12Legal Guarantee

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles128-135 of the Consumer Code ( Legal Guarantee ).

Who it applies to

The Legal Guarantee is reserved for consumersTherefore, 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.

When it applies

The Company is liable to the consumer for any lack of conformity of the Product which occurs within two years of such deliveryThe 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 responsibility of the consumer 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, the consumer must therefore first provide proof of the date of purchase and delivery of the goodsTherefore, for the purposes of this proof, the consumer should keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date delivery.

In case of termination of the contract, the Company will return the total amount paid to the consumer, consisting of the purchase price of the Product, the shipping costs and any other additional cost.In the event of a price reduction, the Company will refund the amount of the reduction, previously agreed with the consumerThe amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Company is not liable in the event of damage, of any kind, deriving from the use of the Product improperly and/or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.

Art13Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

13.1   Purchase contracts concluded through the Site are governed by Italian lawThis is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

13.2   Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of this document.

13.3   Pursuant to art141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who holds the status of consumer pursuant to art3, paragraph 1, letta) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute thus arisen, the Company will provide information on the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-calledADR bodies, as indicated in arts141-bis and ssConsumer Code), specifying whether or not it intends to use these bodies to resolve the dispute.

13.4   The Company also informs the user who holds the status of consumer pursuant to art3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-calledODR platform)The ODR platform can be consulted at the following address   http://ec.europa.eu/consumers/odr/ ; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved.

13.5   In any case, the consumer's right to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.

13.6   The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00The text of the regulation is available on the site   www.eur-lex.europa.eu .

Art14Customer service and complaints

It is possible to request information, send communications, request assistance or submit complaints by contacting the Company in the following ways:

  • filling out and sending the form available at the following link"contact us"
  • by email, to the following address:info@bienjugado.it
  • by phone, at the following number:0584-581699.

The Company will respond to complaints submitted within 3 days of receiving them.