These General Terms and Conditions of Sale govern the sale of products marketed by Bruma Italia S.r.l. The site owner is Bruma Italia S.r.l. with registered office in via De Carracci 6 / b – 40129 – Bologna | VAT number: 03440301202
Art. 1 DEFINITIONS 1.1. The term “online sales contract” refers to the contract for the sale of movable property within a distance selling system using telematic tools, organized by the Supplier. 1.2. The term “Purchaser” means the person who makes the purchase, as per this contract. 1.3. The term “Supplier” means the person indicated in the epigraph or the lender of information services. 1.4. The term “Seller” means the subject who owns the goods being sold.
Art. 2 OBJECT OF THE CONTRACT
2.1. With this contract, selected, the Supplier available and the purchase acquires remotely – through telematic tools – the movable tangible assets indicated and offered for sale on the brumaitalia.com website.
Art. 3 PROCEDURE FOR THE STIPULATION OF THE CONTRACT
3.1. The contract between the supplier and the buyer is concluded through the Internet through the buyer’s access to all the brumaitalia.com address and following the procedures indicated for the purchase of the goods.
Art. 4 CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1. The purchase contract is concluded through the exact compilation of the request form and the consent for all the purchases shown through the online application form. 4.2. When the Supplier receives the order from the Buyer, it provides all the sending of a confirmation e-mail with a summary of the order.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous points.
Art. 5 TERMS OF PAYMENT
5.1. Any payment by the Buyer can only be made using one of the methods indicated on the brumaitalia.com website.
5.2. All communications relating to payments are made on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Art. 6 TIME AND MODE OF DELIVERY
6.1. The Supplier shall arrange for the selected and ordered products to be delivered, in the manner indicated on the website at the time the goods are offered.
6.2. Delivery times may vary from the day of order to a maximum of 6 working days after confirmation. In the event that the Supplier is unable to ship within this time, he will promptly give the Buyer notice.
Art. 7 PRICES
7.1. All sales prices of the products displayed and indicated on the brumaitalia.com website are expressed in euros and constitute an offer to the public pursuant to art.
7.2. The sales prices, as per the previous point, include VAT and any other tax. Shipping costs are indicated and calculated in the purchase procedure before the order is forwarded by the Purchaser and also contained in the order summary web page.
Art. 8 AVAILABILITY OF PRODUCTS
8.1. The Supplier ensures through the electronic system used the processing and processing of orders without delay.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the property is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or not.
8.3. The IT system of the Supplier confirms to the User by e-mail and in the shortest possible time the registration of the order.
Art. 9 LIMITATIONS OF LIABILITY
9.1. The Supplier assumes no responsibility for disruptions caused by force majeure if he fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held responsible to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet network outside of its own control or that of its sub-suppliers.
9.3. The Supplier will also not be responsible for damages, losses and costs incurred by the Purchaser as a result of the failure to execute the contract for reasons not attributable to him. 9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means, for the payment of the products purchased, if it demonstrates that it has taken all possible precautions in based on the best science and experience of the moment and based on ordinary diligence.
9.5. In no case will the Buyer be held responsible for delays or inconveniences in the payment if he proves that he made the payment in the time and manner indicated by the Supplier.
Art. 10 LIABILITY FOR FAILURE, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: THE SUPPLIER’S OBLIGATIONS
10.1. Pursuant to the articles 114 et seq. of the Consumer Code, the Supplier is liable for the damage caused by defects of the goods sold if he fails to communicate to the Damaged, within 3 months from the request, the identity and domicile of the producer or of the person who supplied him with the good .
10.2. The aforementioned request by the Damaged party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision.
10.4. No compensation will be due if the Injured party has been aware of the defect in the product and the danger arising from it and nevertheless has voluntarily exposed it.
10.5. In any case the Damaged must prove the defect, the damage and the causal connection between defect and damage.
WARRANTIES AND METHODS OF ASSISTANCE
11.1. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) are suitable for the use to which goods of the same type are normally used; b) comply with the description made by the Seller; c) present the quality and usual performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, from the manufacturer or his agent or representative, particularly in advertising or labeling.
11.2. In case of lack of conformity, the Buyer may request, alternatively and without charge, the replacement of the purchased item, a reduction in the purchase price or the termination of this contract.
Art. 12 BUYER’S OBLIGATIONS
12.1. The Buyer undertakes to pay the price of the goods purchased within the time and manner indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before the purchase confirmation.
Art. 13 RIGHT OF WITHDRAWAL
13.1. The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
13.3. If the Buyer decides to exercise the right of withdrawal, he can contact Bruma Italia S.r.l. who will provide all the information needed for the operation (see Returns and refunds).
Art. 14CAUSES OF RESOLUTION
14.1. The obligations referred to in paragraph 12.1, assumed by the Purchaser, as well as the guarantee of successful payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, they are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will entail the legal termination of the contract pursuant to art.456 cc, without the need for judicial ruling.
Art. 15 PROTECTION OF CONFIDENTIALITY AND TREATMENT OF PURCHASER’S DATA The Supplier protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196.
Art. 16 METHOD OF STORAGE OF THE CONTRACT
16.1. Pursuant to Article 2 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital form on the server of the Supplier’s headquarters according to criteria of confidentiality and security.
Art.17 COMMUNICATIONS AND COMPLAINTS
17.1. Written communications to the Supplier and any complaints will be considered valid only if sent by e-mail to the following address email@example.com. The Buyer indicates in the registration form his / her residence or domicile, the telephone number or the e-mail address to which he / she wishes to receive communications from the Supplier.
Art. 18 SETTLEMENT OF DISPUTES 18.1. All disputes arising from this contract will be referred to the Bari Chamber of Commerce and resolved according to the Conciliation Rules adopted by the same. 18.2. If the Parties intend to appeal to the ordinary judicial Authority, the competent Court is that of the place of residence or domicile of choice of the Consumer, mandatory pursuant to Article 3, paragraph 2, lett. u) of Legislative Decree 206/2005.
Art. 19 APPLICABLE LAW AND REFERENCE
19.1. This contract is regulated by the Italian law.
19.2. For what is not expressly provided herein, the laws applicable to the relationships and the cases envisaged in this contract, and in particular the art. 5 of the 1980 Rome Convention.
19.3. Pursuant to Article 0 of Legislative Decree 206/2005, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.
Art. 20 FINAL CLAUSE This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.