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These General Conditions of Sale (hereinafter referred to as CGV) online govern the contract for the sale of products under the Balena® brand offered via the electronic network on the website www.balenasurf.com by Terza B scarl, with registered office in Milan (MI), Viale Scarampo , 45. Each purchase transaction will be governed by the GCS published on the site on the date of the order, so the customer will have to check the GFC applicable at the time of purchase. The CGV applied are in compliance with the Legislative Decree. 185/99 (implementation of the European directive concerning the protection of consumers in the context of distance contracts), Legislative Decree no. 206/05 (consumer code), art. 12 of the Legislative Decree. 70/03 (implementation of the European directive concerning electronic commerce in Legislative Decree 196/03 (privacy code).
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The Customer, with the electronic transmission of his purchase order, declares to have read and accepted these general conditions of contract and undertakes to observe and respect them in his relations with Terza B Scarl. The purchase and sale contracts of the products on the www.balenasurf.com website are considered concluded when the purchase order made by the customer is received by Third B Scarl and the latter accepts it. The only method of acceptance is the sending to the customer, to the electronic address indicated during registration to the site, of the receipt of the purchase order.
TREATMENT OF PERSONAL DATA
Terza B scarl pursuant to art. 13 of Legislative Decree 196/2003 declares that personal data also acquired verbally in reference to the established commercial relationships, provided directly by the interested parties, or otherwise acquired in the context of the business activity, will be treated in compliance with the law referred to, including the possibility of exercising the rights referred to in Article 7 of the Legislative Decree. 196/2003 as better specified in the separate information on the subject received from the customer at the time of registration on the site and there always available. By accepting these GCS, the Customer authorizes Third B Scarl to process the personal data communicated at the time of purchase, which are essential for the performance of the contract and the processing of the payment.
Before sending the purchase order, the Customer must carefully read these general conditions of sale. The forwarding of the purchase order implies their full knowledge and acceptance. Finally, once the on-line purchase procedure has been completed, the Customer is obliged to print and keep these general sales conditions, which have already been viewed and accepted. The customer undertakes to comply with the provisions of these GTC regarding payment methods and also undertakes to verify, at the time of collection of the goods, the correspondence between the quantity and type of goods ordered and that indicated in the transport document , in addition to the integrity of the packaging; in case of discrepancy, please refer to the “delivery of products” field. The Customer is solely responsible for the truthfulness and correctness of the information and data provided upon registration at the site and at the time of the subsequent eventual purchase, committing himself to promptly communicate any changes to them. In the case of payment by credit card, the Customer undertakes, upon request by Terza B Scarl, to send it a copy of the identity document proving the actual ownership of the redemption card used within 24 hours of the request. In case of non-receipt within the indicated period, Terza B scarl will refuse the payment and will not accept the order.
DEFINITION OF THE ORDER
By sending the order online, the Customer sends to Balena® – Terza B Scarl a proposal to purchase the product and / or products included in the cart. When the Customer places an order online for the products he has placed in the cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale. Balena® – Terza B scarl will communicate to the customer the acceptance and confirmation of the order. In particular Balena® – Terza B scarl will not accept orders: – if the material, when ordering was not available in stock and / or – if the Customer can not or does not want to pay using credit cards and / or Paypal. It is possible to place an order both through the website www.balenasurf.com at the prices and conditions stated on it and at authorized dealers.
PROCEDURE FOR PURCHASE AND PERFORMANCE
When the Customer places an order online for the products he has placed in the cart, he agrees to purchase them in accordance with the terms indicated in these GCS and at the indicated price (VAT included). By sending an online order, the Customer sends a proposal to purchase the product and / or products included in the cart to Terza B Scarl. At the price indicated therein to which are added the costs of delivery specified on the site (any costs for cash on delivery) are excluded. Before the purchase order is sent, the unit cost of each selected product is summarized, along with the total cost for the purchase of several products and the related delivery costs. The customer purchases the product whose characteristics are illustrated on-line in the relative descriptive and technical sheets. The characteristics of the individual products are subject to change without notice. Following the approval of the Decree Law of 4 July 2006 no. 223 “bis maneuver” Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, entered into force on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers in case of issue invoice and Decree Law 78 of May 31, 2010 converted into Law 122 of July 30, 2010, it is mandatory to require customers to communicate VAT and TAX CODE in the appropriate fields on the site; in default of the communication of such data, the purchase can not be perfected. Once the purchase order has been submitted, the customer receives an e-mail message from Terza B Scarl confirming receipt of the purchase order and containing information on the main features of the purchased item, a detailed indication of the price , delivery costs, applicable taxes and means of payment and containing a reference to the GCS. Terza B scarl informs the customer, with separate email address indicated at registration on the site, the acceptance of the proposal contained in the purchase order and the confirmation of it, with subsequent completion of the purchase. Sending the communication of acceptance is at the discretion of Terza B scarl and, in any case, takes place only after the successful completion of the payment. In particular, by way of a mere example, Terza B scarl will not accept orders: – if the material, when ordering was not available in stock and / or – if the Customer can not or does not want to pay using credit cards and / or Paypal.
DELIVERY OF PRODUCTS
The purchased good, together with the related invoice, is delivered by BRT spa courier to the address specified by the Customer when ordering online. Any specific needs must be presented by the customer Terza B scarl exclusively using the appropriate space for notes provided in the order form on-line. Third B scarl delivery according to the terms and conditions of the courier BRT spa, specified at the time of purchase of the goods. In the case of non-delivery due to the absence of the recipient, to the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender. All products shipped are insured under the terms and conditions specified by the courier BRT spa and available on the website www.brt.it. By accepting these General Terms and Conditions, the Customer declares that he is aware of the fact that he has taken careful vision and knowledge. Upon delivery, the Customer must check: – the correspondence of the goods delivered as indicated in the transport document, also in quantitative terms; – that the packaging used is intact, not damaged or otherwise altered, even simply in the closing materials. Any reservations must be high, upon delivery of the goods and in the presence of the carrier, by acceptance “with reservation” on the delivery note in order to be able to enjoy the insurance associated with the courier. From the date of delivery, the Customer may claim compensation under the BRT spa insurance program within the period of forfeiture of the following 7 days.
CONFORMITY GUARANTEE, DEFECTIVE PRODUCTS and INSURANCE
The products purchased on the site www.balenasurf.com are subject to the regulation on the sale of consumer goods as per articles. 128 and ss. Legislative Decree 206/2005. The delivered products comply with the characteristics illustrated on-line in the relative descriptive and technical sheets. Third B scarl is responsible under the law against the customer for the lack of conformity existing at the time of delivery of the goods. For warranty terms, refer to the WARRANTY and download it in electronic format on the website www.balenasurf.com.
RIGHT OF WITHDRAWAL
The Customer is entitled to exercise the right of withdrawal in relation to any goods purchased on the www.balenasurf.com website as provided for by the provisions of article 64 and following of Legislative Decree 206/2005. In particular, the Customer who can exercise this right without any penalty and without specifying the reason, within the term of 10 (ten) working days from the receipt of the goods. The right of withdrawal is exercised by sending, within the aforementioned term, a written notice to Terza B Scarl by registered letter with acknowledgment of receipt. the communication must be made to the following address: Terza B scarl c / o Studio Curci Viale Scarampo, 45 20148 Milan If the goods have been delivered, the customer is obliged to return it to the above address within the term of 15 (fifteen) working days from the date of delivery of the goods. The goods must be returned to the above address, not damaged and complete with all accessories, instruction manuals and all that was originally delivered to the customer, as well as packed in its original wraps. A copy of the electronic receipt of the order must be attached to the returned product. The costs of returning the product are charged to the customer. Terza B scarl is obliged to reimburse the sums paid by the Customer only if the right of withdrawal is exercised in accordance with the provisions here indicated In particular, Terza B scarl proceeds free of charge to the transmission of the re-credit order related to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the right of withdrawal by the Customer. This operation is carried out by the credit institution issuing the credit card used for payment or by crediting the sum to the bank account indicated by the Customer in the withdrawal declaration. Third B scarl has the right to reject any product returned in a manner other than those specified above, as well as products for which the return costs have not been fully paid by the Customer, or the methods and times indicated for the communication of the withdrawal.
For any information or clarification or for any complaints, the customer must contact the number +393397366093 / +393355940459 or write to the e-mail address email@example.com. The customer will be contacted within 3 (three) working days of the request.
APPLICABLE LAW AND JURISDICTION
This contract is regulated by the Italian law.
The contractual relationship between Terza B Scarl and the Customer is fully regulated by the provisions of these General Terms and Conditions with the exclusion of any other agreement, even if written, between the parties. For anything not expressly provided for in this contract, the provisions of Italian law in force apply.
The name and form of the products are the subject of property rights attributable to Gualtiero Galimberti and Davide Colombo. The “BALENA” logo is a trademark filed before the Italian Trademark and Patent Office (application No. 302016000032694 of 30/3/2016) owned by Gualtiero Galimberti and Davide Colombo