Terms and conditions
GENERAL CONDITIONS OF ONLINE SALE
ART. 1 PREMISES
- These general conditions of sale apply to all purchases of "Be Positive" branded products (hereinafter the "Products") which will be made through the e-commerce site www.bepositive.it (hereinafter the "Site") by users classified as "consumers" pursuant to article 2, or a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out
- The site, owned by Febos Srl, an Italian company with registered office in Via E. Mattei 8/A - 31010 Maser (TV), VAT number 03517220269 and Treviso company register number - 03517220269 , is managed by Glint Company Srl with registered office in Via Cassala 30 Milan, Italy, tax code and VAT number 11198260967 in the Milan Company Register 02912880966 ("Glint").
- Purchases of Products made through the Site will see as parties (collectively referred to as the "Parties"): Febos srl, in its capacity as seller (the "Seller"), and the consumer buyer who proceeds with the purchase of one or more products for , therefore, not referable to one's own commercial, entrepreneurial, craft or professional activity.
- Febos srl remains the owner of all rights to the site's domain name, logos, registered trademarks for the products presented on the site, and owner of the copyright in relation to the Site and its contents.
- Any communication from the Consumer relating to the purchase of the Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Manager (Glint), at the address and in the manner indicated on the Site.
- Each purchase is subject to these general conditions of sale in the version that will be published on the Site at the time the order is placed by the consumer.
- The site is intended for the exclusive use of consumers. Under no circumstances may persons who do not qualify as such purchase products on the Site. The seller of the sales will have the right to refuse orders which, in his sole discretion, he believes have been placed by subjects not classified as consumers.
- If one or more sales are still made to a non-qualified consumer, these general conditions of sale will apply, but notwithstanding them:
- a) the buyer will not have the right of withdrawal pursuant to article 10;
- b) the buyer will not be entitled to guarantees on the products listed in article 8 or any other legal guarantee;
- c) the purchaser will not be recognized other guarantees in favor of the consumer provided by the
Art 2. DEFINITIONS
Electronic Commerce Agreement: sales or service contract under which the Seller , or his intermediary, offers goods or services through a website , or other electronic means, and the Buyer (consumer), places an order for such goods or services on this site web , or by other electronic means organized by the Seller .
Sales contract Any contract under which the Seller transfers, or undertakes to transfer, ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price
Service contract Any contract, other than a contract of sale, under which the Seller renders, or undertakes to render, a service to the Buyer and the latter pays, or undertakes to pay, the price
Consumer code Reference legislation for consumer protection, dictated by Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the " Consumer Code ").
Buyer The expression Purchaser means the consumer, or user, natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (Article 3, letter a, Consumer Code ) .
Salesperson The expression Seller means the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary (article 3, letter c, Code of the consumption ).
Producer Producer , is the manufacturer of the finished good or one of its components (art. 115, paragraph 2-bis, Consumer Code ).
Contract Compliance All those goods with respect to which, if pertinent, the following circumstances coexist: i ) are suitable for the use for which goods of the same type are normally used; ii) conform to the description given and possess the qualities of the goods presented as a sample or model; iii) exhibit the usual qualities and performance of goods of the same type, which the Purchaser can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or by its agent or representative, especially in advertising or on labelling; iv) are also suitable for the particular use desired by the Purchaser and brought to the attention of the Seller at the time of conclusion of the Contract and that the Seller himself has accepted also for conclusive facts (Article 129, paragraph 2, Consumer Code ) .
Defective good An asset is defective when it does not offer the security that can legitimately be expected taking into account all the circumstances, including: a) the way in which the asset was put into circulation, its presentation, its obvious characteristics, the instructions and the warnings provided; b) the use to which the asset can reasonably be destined and the behaviors that, in relation to it, can reasonably be foreseen; c) the time in which the asset was put into circulation. A good cannot be considered defective for the mere fact that a further improvement has been put on the market at any time.
- SALE OF PROMOTED GOODS ONLINE
3.1 With the Contract, the Seller sells to the Buyer, who purchases the goods offered on the Site via telematic means .
3.2 The Website www.bepositive.it presents the catalog of goods and/or services promoted online by the Seller . These assets are accurately represented on the Site .
3.3 The Seller is not able to guarantee a punctual and exact correspondence between the real consistency of the goods promoted online and the relative representation on the Buyer 's monitor . In the event of discrepancies between the image of the goods visible online and the relative information sheet, drawn up in writing, only the latter will prevail.
- CATALOG UPDATE ONLINE - AVAILABILITY OF THE GOODS
4.1 The Seller ensures, through its computer system, the processing and fulfillment of the order without delay, according to the procedures referred to in Art. 5 of these General Conditions of Online Sale . The Seller 's electronic catalog indicates in real time the goods available and those not available, as well as the estimated times for their shipment. The Seller confirms as soon as possible that the order has been registered by sending the Buyer the specific confirmation (so-called Order Receipt) by e-mail.
4.2 If an order exceeds stock availability, or is not available for other reasons, it is the Seller 's responsibility to promptly notify the Purchaser of the unavailability of the goods in question and, if possible, the waiting times to obtain it, asking again for confirmation of the the order according to the different times indicated by the Seller . This communication will take place by e-mail, or by telephone,
- DESCRIPTION OF THE TECHNICAL PHASES NECESSARY TO CONCLUDE THE CONTRACT
5.1 The Contract between the Seller and the Buyer will be concluded exclusively online . After accessing the e-Shop , the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of the goods and/or services by filling in the formats prepared by the Seller . If intending to purchase online , the Buyer must duly select the desired goods and/or services, one at a time, by placing them in the cart configured by the Seller . Once the desired goods and/or services have been selected, the Purchaser will be asked to close his/her cart by forwarding the list of desired references to the Seller . Before forwarding, a form will be displayed to confirm the purchase order for the selected goods and/or services, with an indication of the relative prices, as well as the options given to the Purchaser, who will be responsible for identifying the delivery, transport and payment methods for the execution of the contract. Through the order confirmation, the Purchaser undertakes to check and validate, before sending it, his personal data, the goods/services covered by the Contract , their prices, with any shipping costs and/or ancillary charges, confirming the methods and terms of payment chosen, the delivery address, as well as any other requested data. The format of the order confirmation informs the Purchaser in advance about the execution times of the Contract , drawing attention to the right of withdrawal, as well as the other faculties reserved by law to the Purchaser. Once the requested checks have been carried out, it will finally be up to the Purchaser to select the interactive button - present in the lower part of the web page - by clicking on the box " Confirm the purchase order with obligation to pay ", thus forwarding the order to the Seller .
5.2 The online publication of goods and/or services via the Site constitutes a simple invitation to offer for the Purchaser to formulate a purchase proposal ; in this sense, the Purchaser 's order , previously confirmed by the same , constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale , which the Purchaser declares to know and accept. The confirmation order form - punctually filled in and checked as instructed - will be confirmed by the Seller with a receipt to the Buyer 's e-mail address for the sole purpose of confirming receipt in the Seller 's computer system , which will thus start processing the order, verifying the data provided by the Purchaser , such as the availability of what is requested. The Seller 's receipt does not constitute acceptance of the purchase offer. This receipt - with the attached " Order Number " to be used in any communication with the Seller - reproposes, in addition to the information required by law , all the above data, which the Purchaser will still verify by promptly communicating to the Seller any correction of the case. If the incorrect indication of the prices, or other characteristics of the goods and/or services promoted online is found , such as the unavailability of the requested goods, the Seller will promptly notify the Purchaser inviting him to carry out - if still interested - rectification of the order, or upon cancellation of the previous one, new order, according to the methods that will be promptly communicated.
5.3 The Seller has the right to accept, or not, the order sent by the Purchaser , without the latter being able to advance rights and/or claims of any kind, in any capacity, including compensation, for the non-acceptance of the order. The Contract will only be concluded when a separate e-mail (or message in the communication center on the Site or equivalent) of acceptance of the purchase proposal will be sent, which will also contain information relating to the shipment and the expected delivery date ( Confirmation of Shipping ). If the order is processed in several shipments, the Purchaser may receive separate and distinct Shipping Confirmations . The Buyer may, however, cancel his order before having received the Shipping Confirmation , provided that the order has not been prepared for the shipping process. In this case no cost will be charged. In any case, the right of withdrawal is reserved under the terms and conditions set forth in Article 10 below.
5.4 The amount due will be charged only when the goods covered by the order are shipped. Upon receipt of payment for the requested goods/services, the Seller will proceed to issue the relevant tax document
5.5 The Contract will not be concluded, remaining devoid of any effect, if the procedure referred to in this article is not complied with on time.
5.6 For any error, misprint or problem in completing the online formats and, more generally, in carrying out the purchase procedures prepared by the Seller, the Purchaser is invited to contact, without delay, the following telephone numbers / emails: 0423 194 5211 / email@example.com
- PAYMENT OF THE PRICE, TAXES AND ANY ADDITIONAL CHARGES
6.1 The Purchaser undertakes to pay the requested price for the goods purchased online , according to the times and methods indicated on the Site.
6.2 The prices of the goods promoted through the Site, like any other charge/expense relating to the invitation to offer , are expressed in Euros.
6.3 Prices are inclusive of VAT and all other taxes. Shipping costs, as well as any ancillary charges, such as customs clearance , if any, while not included in the sale price, will be indicated and calculated by the Seller in the purchase procedure, before sending the order confirmation , and promptly specified in the summary of the order itself ( order receipt ).
- METHOD, TIMING AND SECURITY OF PAYMENTS AND ANY REFUNDS
7.1 Payment for the goods/services purchased online will take place according to the methods chosen by the Purchaser, among those expressly permitted by the Seller and promptly specified in the section of the Website www.bepositive.it . The use of the aforementioned payment methods does not involve any additional burden for the Purchaser , except for any costs borne by the Seller , duly proven and communicated to the Purchaser .
7.2 Any reimbursement to the Buyer will be credited by one of the methods proposed by the Seller and chosen by the Buyer , and, in the event of its withdrawal, within a maximum of 14 days. (fourteen days) from when the Seller has received formal communication of the withdrawal. However, the Seller may postpone the refund until receipt of the goods, or, in any case, until the Purchaser has provided adequate proof of having sent it back.
7.3 All communications relating to payments are made on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the protection of personal data.
- DELIVERY METHODS AND TIMES
8.1 The Seller shall deliver the ordered goods, without unjustified delay, at the latest, within 14 days. (fourteen days) from the date of conclusion of the Contract , with the methods indicated on the website , or, alternatively, chosen by the Purchaser .
8.2 If the Seller is unable to carry out the shipment within the term referred to in the previous paragraph, he will promptly notify the Purchaser by e-mail, or by telephone, to the contact details provided during online registration and forwarding of the order from ' Buyer.
- CONSERVATION/ARCHIVING METHODS OF CONTRACTUAL DOCUMENTS
9.1 Pursuant to art. 12 Legislative Decree 70/2003, as well as the articles 50-51 Consumer Code , the Purchaser is informed that each order sent online will be stored and archived in digital and/or paper format at the Seller's premises , according to appropriate confidentiality and security criteria. For any copies or other requests in this regard the Purchaser is invited to contact the Seller at the following address firstname.lastname@example.org
- TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL
10.1 The Purchaser has the right to withdraw from the Contract , without penalty and without specifying the reason, within 30 days. (thirty calendar days), starting from the day on which the Purchaser has acquired material possession of the asset.
10.2 The right of withdrawal is exercised by communicating to the Seller by registered letter with return receipt, to the address
Viale Artigianato, 32, 37064 Povegliano Veronese (VR) - ITALY
, or ordinary mail to the address email@example.com, finally, by Post Certified Electronics (PEC) to the following e-mail address firstname.lastname@example.org
10.3 The return of the goods by the Purchaser must take place, without delay and, in any case, within 30 days. (thirty days) from the date of sending the notice of withdrawal to the Seller . The adoption of every possible caution in proceeding with the shipment is required, using the original wrappers and packaging of the goods, or in any case equivalent, which preserve its integrity and adequately protect it during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address: Viale Artigianato, 32 37064 Povegliano Veronese (VR) - ITALY
The return is charged to the customer.
10.4 The Seller will refund the price of the goods for which the change of mind has been exercised within 14 days. (fourteen days) from receipt of the notice of withdrawal by the Purchaser . Generally, the Seller will use the same means of payment chosen by the Buyer for the initial transaction, unless the Buyer has specified otherwise; in this case , any additional cost deriving from the different means of payment chosen will be the sole responsibility of the Purchaser . The Seller will be entitled to withhold the refund until receipt of the goods, or until the Buyer has provided proof of having returned it.
10.5 If the returned goods are damaged, or show signs of wear associated with use that is not strictly necessary, the Seller will withhold from the refund an amount corresponding to the decrease in the relative value. Therefore, in the event that the returned goods are damaged (merely by way of example due to the presence of abrasions, scratches, or other deformations, etc.), or not complete with each element or accessory (including labels, tags, etc. ) , not accompanied by attached instructions/notes/manuals, original (or, in any case, adequate) packaging and/or packaging, or by the relative guarantee certificates (where present), the Purchaser will be liable for the decrease in the value of the asset, with the right to reimbursement for an amount equal to the residual value of the asset itself.
10.6 Once the communication with which the Purchaser expresses his will to exercise the right of withdrawal has been received from the Seller, all obligations connected to the Contract will cease , without prejudice to the provisions of this Article.
- GUARANTEE OF CONFORMITY, REPORTING AND ACTIVATION OF PROTECTIONS; ANY OTHER WARRANTIES
11.1 The Conformity of the goods to the Contract is guaranteed to the Purchaser within the two-year term (2 years) from their delivery. Unless proven otherwise, any lack of conformity that occurs within 6 months (six months) from the date of delivery of the goods are presumed to already exist on that date, unless this is incompatible with the nature of the goods or with the lack of conformity in question.
11.2 In the absence of Conformity of the goods to the Contract , the Purchaser may request, alternatively and without charge, the repair or replacement of the purchased goods, or a reduction in the price, or the termination of the Contract , unless the request is objectively impossible to satisfy, or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, Consumer Code . If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the agreed terms or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser , the latter may request, at his choice, a reduction in the price or termination of the Contract .
11.3 The Purchaser forfeits any right connected to the Conformity of the goods to the Contract if he does not report the lack of conformity complained of to the Seller within 2 months (two months) from the date of its discovery. The aforementioned term does not apply if the Seller has expressly acknowledged the defect or has knowingly concealed it. In any case, the complaint must specify the non-compliance found, as well as at least one photograph of the goods in question, all accompanied by the Seller 's tax receipt proving the purchase.
11.4 The Purchaser must send the complaint, and related requests, alternatively to one of the following addresses: i) Via E. Mattei 8/A - 31010 Maser (TV) , for communications via registered letter with return receipt; ii) or, via PEC, to the following certified mailbox email@example.com , or via ordinary email to firstname.lastname@example.org Once the complaint/request and related documentation have been received, the Seller will evaluate the non-compliance reported by the Purchaser and, after having carried out the due checks, will authorize, or not, the return of the goods by providing the Purchaser with a " Return Code ", sent via e-mail to the address provided during the order transmission. However, the authorization to return the goods does not constitute recognition of the non-conformity. The goods - the return of which the Seller has authorized - must be returned to the address expressly indicated, together with a copy of the return authorization bearing the " Return Code " and in full compliance with the precautions set forth in Art. 10.3.
11.5 If the Seller is required to reimburse the Purchaser , in whole or in part, for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Purchaser at the time of purchase of the goods, or, alternatively, by bank transfer. It will be the Purchaser 's responsibility to inform the Seller , already at the time of the complaint/request, of the bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to return the sum due.
- IMPOSSIBLE NON-FULFILLMENTS - UNAUTHORIZED PAYMENTS
12.1 The Seller is not responsible for the failed or delayed execution of the Contract if this depends on disservices attributable to force majeure, unforeseeable circumstances, or in any case not attributable to the Seller .
12.2 The Seller assumes no responsibility for any fraudulent, illicit or irregular use of credit cards, checks or other means of payment, attributable to willful or negligent conduct, even by way of slight negligence, of the Purchaser with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment.
- Defective products, recoverable damages and related burdens of proof
13.1 The Producer is liable for damages caused by defects in the goods promoted/sold through the Site . Pursuant to art. 116 Consumer Code, the Seller will be responsible for the damage caused by a defect in the goods sold, if he fails to notify the damaged party, within three months from the request referred to in the third paragraph below, the identity and domicile of the Producer, or of the intermediary who supplied him with the good in question.
13.2 The injured party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective good, provided that it is normally intended for private use or consumption and in this sense used by the injured party. In the latter case, pursuant to art. 123 of the Consumer Code, damage to anything other than defective goods will be refundable only to the extent exceeding the sum of €387.00 ( three hundred-eighty-seven-euros ). In any case, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The request for damage, which must be drawn up exclusively in writing, must specify the asset that caused the damage, as well as the date and place of the relative purchase. Furthermore, if still existing, it will be the injured party's responsibility to offer the good in question for viewing, according to the instructions given by the Manufacturer, or Seller , or by third parties indicated by them.
13.4 Compensation for damages will be excluded if the injured party, aware of the defect in the goods and the associated dangers, has, nonetheless, voluntarily exposed himself to them. In the presence of the injured party's fault - who using ordinary diligence could have avoided the damage suffered - the requested compensation will be excluded or reduced in proportion to the seriousness of the fault attributable to the victim.
13.5 Any liability for the consequences deriving from defective goods is to be excluded if the defect itself is attributable to the compliance of the goods with an imperative legal rule, or other binding provision, or if the state of scientific and technical knowledge, at the time in which the goods been put into circulation, did not yet allow it to be considered defective.
- SPECIFIC HYPOTHESIS OF AUTOMATIC TERMINATION OF THE CONTRACT
14.1 The punctual payment of goods purchased online, pursuant to Art. 6.1 of these General Conditions of Online Sale , such as the payment of any additional charges and/or commitments referred to in Art. 6.3, are essential obligations of the Contract .
14.2 If not justified by unforeseeable circumstances or force majeure, the non-fulfillment of the aforementioned obligations will result in the legal termination of the Contract pursuant to art. 1456 code civ.
- PROCESSING OF THE BUYER'S PERSONAL DATA (REFERENCE TO THE SPECIFIC INFORMATION)
15.1 The Seller protects the Buyer 's personal data , guaranteeing full compliance of their treatment with the reference legislation and, in this case, with Regulation 679/2016 as well as with the relevant national regulations ( Privacy Code , as last amended by Legislative Decree 101/2018).
- CONTACTS OF THE SELLER AND THE BUYER
16.1 Official communications addressed to the Seller, as well as any complaints from the Buyer , will be valid only if sent by registered letter with return receipt to via/piazza Via E. Mattei 8/A - 31010 Maser (TV) , or sent by e-mail to the following address email@example.com , or to the following certified email address (PEC) Febos@pec.it
16.2 When registering on the Site or in the order confirmation form, the Purchaser indicates his residence or domicile, the relative telephone numbers and the e-mail address to which communications from the Seller will be sent .
- AVAILABLE LANGUAGES AND SURPRANATIONAL USE OF THE SITE
17.1 The Site and related services can be used in Italian.
17.2 These General Conditions of Online Sale are available in Italian. If translated into other languages, the only authentic version will be the one in Italian.
17.3 Accessible from computers , tablets , smartphones or other devices , wherever located, the Site promotes goods and/or services mainly intended for the national market. Orders from third countries, except as specified below, will be accepted and processed as agreed. In this case, unless otherwise agreed, delivery will take place at the headquarters of the Seller/Manager . In any case, the Seller/Manager reserves the right to suspend/terminate, with short notice and without penalty, any promotion, marketing, sale, supply of goods and/or services via the Site, in the event of obstacles of a legal / fiscal/customs, or, in any case, of an objective type (and not subjective connected only to the geolocation of the User ), preclude the receipt of the order and/or the execution of the Contract with Users residing or domiciled in third countries.
18 OUT OF COURT ONLINE DISPUTE RESOLUTION
18.1 As per EU Regulation 524/2013, the Purchaser is informed of the right to defer the resolution of any dispute with the Seller - regarding the offer and purchase of goods and/or services promoted online - to active entities/companies/offices in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution ), through simple, rapid and economic web procedures (so-called ODR - Online Dispute Resolution ).
18.2 For any information on the aforementioned ODR procedures , please visit the following site: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .
- COMPETENT JUDGE AND LAW APPLICABLE TO THE CONTRACT
19 .1 Any dispute between the Seller and the Purchaser relating to the Contract, and its execution, will be governed by Italian law and administered, save for exceptions, by the judges of the consumer forum . In any case, the Purchaser will be guaranteed the rights conferred by the mandatory consumer protection regulations in force in the relevant country of residence and/or domicile.
19 .2 For the reference standards as to the competent court and the law applicable to the Contract , please refer to art. 66 bis of the Consumer Code , in art. 18 of EU Reg. 1215/2012, in art. 6 of EU Reg. 593/2008, as, finally, in the articles 3 and 57 of Law no. 218/1995.