T&C – BMB Beschlaege Srl

Terms and Conditions

GENERAL SALES TERMS AND CONDITIONS

These “General Conditions of Sale” (hence, “Conditions“) apply to all purchase contracts made between the company BMB Beschlaege S.r.l. (hence, “Seller”) and customers who fall into the categories of “professional” and “consumer” (hence, “Customer”). It is specified that:

“professional” means the Customer (both natural and legal person) who acts in the exercise of the professional or business activity carried out.
“consumer” means the Customer (natural person) who acts for purposes unrelated to any business or professional activity carried out.

Without prejudice to the binding nature of what is specified in these Conditions, for all that is not expressly provided for within them, please refer to the Italian and EU regulations on sales and the protection of consumer rights. These Conditions also apply to purchases made by customers domiciled abroad. Nevertheless, everything that is not expressly provided for in the Conditions is directly governed by the most favorable foreign national laws and / or disposed to protect the Customer.

In any case, the Seller reserves the right to modify and / or supplement these Conditions at any time, in order to adapt them to the most recent regulations. We ensure that the aforementioned changes will be binding on customers only when they are communicated to the latter and will not have retroactive effect.

However, in the event that any legislative provision, subsequent to the stipulation of the sales contract, should affect the validity of one or more clauses of these Conditions, this will not compromise in any way the effectiveness of the contract, unless the legislative provisions do not affect the object and / or cause of the contract.

Purchase methods

Given that the Seller carries out its sales activity mainly within the national territory (peninsular Italy and insular Italy) and in the Community, customers can consult the catalog on the website https://www.bmb-beschlaege.it/ and proceed with the purchase of one or more products at the same time, according to the following procedure:

By formal “order request” by e-mail, to the address or e-mail addresses responsible for managing the order under the domain bmb-beschlaege.it. For the purpose of formulating the purchase proposal, it will be necessary to communicate the following data:

identification elements of the Customer (name and surname, company name / name, tax code / VAT number); phone number;
billing address;
address to which the order should be sent (if different from the billing address);
name of the product (s) and / or code of the product (s);
quantity of the product (s).

For any information useful for the purchase and / or for the subsequent phases of order management, collection or shipment of the product (s), the Customer can contact the Seller by telephone at 02 9684 6304.

Product safety

A “safe” product is defined as a product which, under normal or reasonably foreseeable conditions of use, including duration, commissioning, installation and maintenance, does not present any risk, or which presents only minimal risks, although compatible with the use of the product and / or considered acceptable in compliance with a high level of protection of the health and safety of people, in relation, in particular, to the following elements:

the characteristics of the product, including its composition, its packaging, the methods of its assembly and, if necessary, its installation and maintenance;
the effect of the product on other products, if it is reasonable, foreseeable and / or necessary to use the former with the latter;
• the presentation of the product, its labeling, any warnings and instructions for its use and its elimination, as well as any other indication or information relating to the product;
the categories of consumers who are at risk in using the product, in particular minors and the elderly.

Given that the manufacturer is obliged to place only safe products on the market, the Seller acts diligently in the exercise of its business to help ensure the placing on the market of safe products. In particular, it is required:

not to supply products of which he knows or should have known the danger on the basis of the information in his possession and in his capacity as a professional operator;
to participate in the safety control of the product placed on the market, transmitting information concerning the risks of the product to the manufacturer and to the competent authorities for the actions of their respective competence;

In the absence of specific Community provisions governing safety aspects, a product is presumed to be safe when it complies with the legislation in force in the Member State in which the product is marketed and with reference to the requirements it must meet in terms of health and safety.

Terms of payment

The payment methods can be established by mutual agreement between the parties at the time of the order or, alternatively, at the time of acceptance of the quote. The Seller offers the Customer the following payment methods:

a) Bank transfer;

b) PayPal;

c) in cash at the office in charge of personal collection of the goods.

The payment method (c) is allowed only if it is established that the apprehension of the goods must take place by collection at the headquarters in via, and only for purchases that involve a cost of less than € 2,000.00, with the exception of money transfer, for which the threshold is set at € 1,000.00.

Offers and prices

The Seller sends, by e-mail, the commercial offer or the cost estimate in the face of a formal purchase request by the Customer. All offers or cost estimates are without obligation, nor are they subject to constraints for the Seller and / or the Customer. The Seller also has the right to indicate the minimum purchase quantities.

These Conditions are an integral part of the commercial offer or quote, and will be deemed accepted by the Customer when he signs the offer or cost estimate.

The commercial offer or cost estimate is considered accepted when signed and re-sent to the Seller by e-mail or registered A / R. The Seller reserves the right to establish the terms within which the Customer can accept the commercial offer or estimate issued.

In the event that any forecast of the order or purchase request by the Customer is different from the forecasts of the commercial offer and / or the subsequent order confirmation issued by the Seller, the purchase request will be binding on the Seller. only if this has been specifically accepted in writing. Alternatively, the sales contract will be considered concluded under the conditions set out in the estimate and / or in any order confirmation, except in the event that the Customer communicates in writing to refuse the changes within 1 (one) working day of receipt of the / s. same / e.

In addition to the purchase costs, the Customer may be charged with other miscellaneous and possible additional costs, such as:

shipping costs in relation to weight;
shipping costs in relation to delivery times.

Shipping, delivery and storage

The Seller and the Customer, in the negotiation phase preceding the signing of the sales contract, establish, freely and in agreement, the terms, methods and conditions with which it is possible to cancel and / or modify the order. In no case will it be possible to cancel and / or modify the order after it has been shipped. The Seller guarantees delivery within the minimum time required determined by the actual availability of the requested products in stock. The latest shipping terms will be indicated in the commercial offer or cost estimate and will be considered binding for the Seller, without prejudice to any delays due to force majeure, not directly attributable to the same.

The Seller, once the product (s) has been shipped, guarantees delivery on time:

2-3 (two / three) working days if the shipment takes place in a municipality of peninsular Italy;
3-4 (three / four) working days if the shipment takes place in a town in insular Italy;
• 5-7 (five / seven) working days if the shipment takes place abroad.

The Seller, while assuring the Customer that the shipment and delivery take place within the indicated times, or in any case within a reasonable time, will in any case not be held responsible for any delays due to:

delay in the delivery of the purchased products, if the delay is attributable to the courier;
loss of purchased products, if the loss is attributable to the courier;
other serious and / or irreparable disservices due to force majeure (eg strikes, natural disasters, etc.).

In all the aforementioned circumstances, the Customer has the duty to promptly notify the Seller by any means of communication available (telephone, e-mail, registered A / R). The Seller, in turn, ensures a prompt and effective synergy with the Customer, in order to resolve any anomaly found as quickly as possible.

For any reason that the inability to profitably deliver the goods to the recipient may depend (for example, absence of the recipient at the time of delivery), the storage costs will be fully and solely charged to the customer. On the contrary, any storage costs will be directly attributable to the Seller if this has mistakenly indicated to the courier different or non-existent information for the purpose of delivery.

The storage times and costs, as well as the methods of collecting the goods at the offices in charge, are contained in the communication promptly sent by the courier to the sender and / or recipient. The terms and methods of shipping and storage do not apply if the Customer chooses to collect the goods personally (or through a third party delegated by him) at the Seller’s headquarters, located in Abbiategrasso (20081 – MI), Via Cagnola n ° 35A, or other possible collection point, from time to time, specified by the Seller. In this case, the date and time of collection are indicated by the Seller and communicated to the Customer by e-mail.

Furthermore, if the Customer personally (or through a third party delegated by him) collects the goods at the aforementioned location or any other collection point:

has the right and the obligation to view the product (s);
has the obligation to make sure that the product (s) is / are free from obvious defects (the “obvious defect” means that physical anomaly that is easily and immediately detectable by the Customer when the goods are apprehended. defect must affect both the product and its packaging).

If the withdrawal were to take place without any control, the Seller will not consider any subsequent and eventual complaints for obvious defects, without prejudice to the right of withdrawal always recognized to the Consumer Customer.

Right of withdrawal (applicable only for “consumers”)

The Customer can freely and without justified reason exercise the right of withdrawal, without incurring any civil and / or criminal sanctions, within the term of 14 (fourteen) days starting from the day on which the Customer (or a third party designated by him) acquires physical possession of the goods.

It is specified that the beginning of the 14 (fourteen) days, the deadline within which the aforementioned right of withdrawal can be exercised, changes according to the following cases:

•in the case of a single good purchased and delivered in a single shipment, the 14 (fourteen) days run from the day on which the Customer (or a third party designated by him) acquires physical possession of the good;
in the case of multiple goods purchased simultaneously and delivered in a single shipment, the 14 (fourteen) days run from the day on which the Customer (or a third party designated by him) acquires physical possession of the goods;
• in the case of multiple goods purchased at the same time but delivered separately, the 14 (fourteen) days run from the day on which the Customer (or a third party designated by him) acquires physical possession of the last good;
in the case of goods consisting of multiple lots or pieces, the 14 (fourteen) days run from the day on which the Customer (or a third party designated by him) acquires physical possession of the last lot or piece;
in the event that the goods are purchased and collected personally at the headquarters, located in Abbiategrasso (20081 – MI), in Via Cagnola n ° 35A, or any other possible collection point, the 14 (fourteen) days run from the which the Customer (or a third party designated by him) acquires physical possession of the goods.

The Customer who intends to exercise the right of withdrawal must notify the Seller, by means of a formal “request to exercise the right of withdrawal”, through the accepted means of communication: certified e-mail or registered A / R.

The withdrawal request must strictly contain:

explicit declaration of withdrawal (eg “The undersigned Mario Rossi, advises that he wishes to exercise his right of withdrawal”);
copy of the order confirmation;
indication of the delivery date.

The withdrawal will not be considered by the Seller:

if only one of the above elements is missing from the request;ella richiesta manca uno soltanto degli elementi suddetti;

The right of withdrawal is always excluded:

if the price of the product is linked to fluctuations in the financial market that the Seller is unable to control and which may occur during the withdrawal period;
if the product, after delivery, is likely to deteriorate or expire rapidly;
if the sealed product is opened after delivery and therefore does not lend itself to returns for reasons of hygiene / health or related to health protection;
if the product, after delivery, by its nature, is inseparably mixed with other goods.

The Seller, once fully and effectively aware of the request to exercise the right of withdrawal and once the formal and substantial profile of the same request has been positively assessed, reimburses the costs incurred by the Customer, no later than the following 14 (fourteen ) working days. The refund is made according to the same payment methods chosen by the Customer at the time of purchase. However:

the Seller is not required to reimburse any shipping costs incurred by the Customer at the time of purchase of the product (s).tore non è tenuto a rimborsare i costi di spedizione eventualmente sostenuti dal Cliente al momento dell’acquisto del/i prodotto/i.

In any case, the Seller may omit the refund until the goods are actually returned, or until the Customer proves that he has returned the same. Therefore, the Customer, in order to profitably exercise his right of withdrawal, is obliged to:

arrange for the return of the goods as soon as possible, and in any case no later than 14 (fourteen) days from the date on which the withdrawal was communicated to the Seller;
to bear the costs of the return operations;
to send the goods to the address “Abbiategrasso (20081 – MI), Via Cagnola No. 35A”, making sure to carefully pack the goods, in order to preserve their material state, together with the original packaging.

Should the Customer fail to return the goods, or should provide for their return but in a manner capable of physically and / or economically degrading them, the Seller will not be deemed in any way obliged to reimburse the costs incurred by the Customer.

The withdrawal can be revoked at any time through an explicit declaration of “revocation” by means of the accepted means of communication: certified e-mail or registered A / R.

The revocation notice must strictly contain:

explicit declaration of revocation (eg “The undersigned Mario Rossi, advises that he wishes to revoke the withdrawal”);
copy of the withdrawal request.

The revocation will not be considered by the Seller:

if only one of the aforementioned elements is missing from the notice.

Legal guarantee for “professionals”

The Seller guarantees that the goods sold are free from defects that make it unsuitable for the use for which it is intended or that could appreciably decrease its value. The Seller ensures that each product is backed by the “Legal Guarantee” (hereinafter the “Guarantee”) which covers all defects that occur within 12 months of delivery of the goods.

The cases of application of the Guarantee are:

the product does not correspond to the description and / or the instruction manual (it is specified that the representations and / or images concerning the product / s have an indicative and illustrative value, for this reason the aforementioned do not represent the final aesthetic result The technical characteristics and functions of use, as well as the quality of the product (s) are reported only in the attached technical manuals. Any document that reproduces the qualitative characteristics of the product (s) has a purely indicative, demonstrative and not binding. Therefore, any divergence between the real aesthetic and the ideal aesthetic of the product cannot in any way be subject to the application of the Guarantee);
the product has different qualities from the model shown to the Customer;
the product is not suitable for the use to which products of the same sector and / or type of belonging are usually needed;
the product does not have the usual qualities and performance of products in the same sector and / or type of belonging.

In cases where the application of the Guarantee is envisaged, the Customer has the right, alternatively:

to restore the conformity of the goods by repairing and replacing them;
a reduction in the purchase price;
upon termination of the contract and consequent reimbursement of the purchase and shipping costs incurred, provided that:

(a) the Seller has not repaired / replaced the product in a suitable time;

(b) the Seller has not repaired / replaced the product for reasons attributable to him;

The request to exercise the right of complaint under the legal guarantee must be sent to the Seller through the accepted means of communication: certified e-mail or registered A / R.

The communication requesting the application of the Guarantee must strictly contain:

explicit declaration of application of the Guarantee (eg. “The undersigned Mario Rossi, requests the application of the guarantee”);
description of the defect;
video-photographic documentation (images reproduced on video and / or photos must be clear);
• explicit request for: (I) reduction of the purchase price; alternatively, (II) reduction of the purchase price.
copy of the invoice and / or purchase receipt;
copy of the order confirmation;
indication of the delivery date.

The communication will not be considered by the seller

if only one of the above elements is missing.

The Warranty is always excluded:

if 12 months have elapsed from the delivery of the product;
in the presence of damage and / or defects caused by the incorrect use of the product by the Customer.

In cases where the application of the Guarantee is envisaged, the Seller is obliged to:

take delivery of the defective product to verify the nature of the defect;
if the defect is found, provide for the reimbursement of all costs (purchase and / or shipping) incurred by the buyer, without prejudice to the explicit request for a reduction in the purchase price, which provides for the return of only the sums resulting from the reduction.

However, if the non-conformity defects complained of by the Customer are not found, the Seller reserves the right to charge the Customer with the costs of testing and verification. In addition, the Customer will also be charged for the subsequent shipping costs incurred by the Seller for the return of the product.

Legal guarantee for “consumers”

The cases of application of the Guarantee are:

the product does not correspond to the description and / or the instruction manual (it is specified that the representations and / or images concerning the product / s have an indicative and illustrative value, for this reason the aforementioned do not represent the final aesthetic result The technical characteristics and functions of use, as well as the quality of the product (s) are reported only in the attached technical manuals. Any document that reproduces the qualitative characteristics of the product (s) has a purely indicative, demonstrative and not binding. Therefore, any divergence between the real aesthetic and the ideal aesthetic of the product cannot in any way be subject to the application of the Guarantee);
• the product has different qualities from the model shown to the Customer;
the product is not suitable for the use to which products of the same sector and / or type of belonging are usually needed;
the product does not have the usual qualities and performance of products in the same sector and / or type of belonging.

In cases where the application of the Guarantee is envisaged, the Customer has the right, alternatively:

to restore the conformity of the goods by repairing and replacing;
a reduction in the purchase price;
upon termination of the contract and consequent reimbursement of the purchase and shipping costs incurred, provided that:

(a) the Seller has not repaired / replaced the product in a suitable time;

(b) the Seller has not repaired / replaced the product for reasons attributable to him;

The request to exercise the right of complaint under the legal guarantee must be sent to the Seller through the accepted means of communication: certified e-mail or registered A / R.

The communication requesting the application of the Guarantee must strictly contain:

explicit declaration of application of the Guarantee (eg. “The undersigned Mario Rossi, requests the application of the guarantee”);
description of the defect;
video-photographic documentation (images reproduced on video and / or photos must be clear);
explicit request for: (I) restoration of the asset by repairing / replacing the product in a suitable time; alternatively, (II) reduction of the purchase price;.
copy of the invoice and / or purchase receipt;
copy of the order confirmation;
indication of the delivery date.

The communication will not be considered by the seller

if only one of the above elements is missing.

The Warranty is always excluded:

if 24 months have passed from the delivery of the product;
in the presence of damage and / or defects caused by the incorrect use of the product by the Customer.

In cases where the application of the Guarantee is envisaged, the Seller is obliged to:

take delivery of the defective product to verify the nature of the defect;
if the defect is found, provide for the reimbursement of all costs (purchase and / or shipping) incurred by the buyer, without prejudice to the explicit request for a reduction in the purchase price, which provides for the return of only the sums resulting from the reduction;
return the sums incurred by the buyer for the shipment of the defective goods.

Judicial and extrajudicial disputes

For the settlement of all disputes arising from the failure to comply with the obligations set out in these Conditions or other regulatory obligations to which they refer, the parties may resort to the instruments, judicial or otherwise, provided for by law and national regulations.

A) for the judicial settlement of disputes between the Seller and the “consumer”, the Judge of the place where the Customer is domiciled will always be competent;

A) for the judicial settlement of disputes between the Seller and the “professional”, the Judge of the place where the Seller is domiciled will always be competent;

B) for the settlement of disputes out of court, the parties may have recourse to a peaceful and amicable binding agreement. The parties must follow these steps:

each party may, within a set reasonable time, communicate to the other a personal “resolution proposal” by any means suitable to ensure its receipt;
the party that receives a “resolution proposal”, within 7 days from receipt and knowledge of the same, can: (I) accept the “resolution proposal”; (II) reject the “motion for a resolution” and obligatorily propose a new one, without giving reasons for the rejection; (III) give up on negotiations. It is specified that the renunciation of referring to the judicial authorities does not automatically follow from the renunciation of negotiations;
acceptance of the “resolution proposal” can be revoked at any time. It is specified that the revocation must be accompanied by an appropriate motivation;
either party can withdraw from negotiations at any time. It is specified that the waiver must be accompanied by an appropriate motivation.
• the procedure must be completed within 3 months from the moment in which the first “resolution proposal” is known by both parties;
• the conclusion of the procedure must be formalized with: (I) the acceptance, by both parties, of the “resolution proposal” deemed more satisfactory by the counterparty; (II) the drafting in writing of the agreement containing the terms of the “proposed resolution” as accepted by the parties; (III)
final reading of the agreement, acceptance of its content and signing by both parties;
the agreement, once read, approved and signed by the parties, is valid as title and status between the parties;
the agreement can no longer be called into question, either in court or out of court, unless it is respected or is contrary to Italian law and / or EU laws on the purchase of goods and services.

Conventional clause

The parties may freely and unanimously establish exceptions to the content of these Conditions. Agreements that may affect, in whole or in part, the following clauses are excluded: “Purchase methods”, “Payment methods”, “Product safety”, “Right of withdrawal” and “Legal guarantee”.

Privacy Policy

By signing the commercial offer or cost estimate and the subsequent confirmation of the purchase order, the Customer gives consent to the processing of personal data, pursuant to art. 13 GDPR – Regulation (EU) 2016/679, after viewing the specific information available in the extended version on the website https://www.bmb-beschlaege.it/. The processing, storage and transmission of personal data takes place with the observance of every precautionary measure, which guarantees its security and confidentiality, in accordance with the provisions of the GDPR, for the sole purpose of being able to effectively fulfill the obligations established by the regulations. statutory, civil and tax related to the economic activity of the Seller, including the management of collections and payments deriving from the execution of contracts.

These Conditions are updated on 18/11/2020.