Terms of service

GENERAL CONDITIONS OF SALE, effective 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) zip code55045, with PVAT n. 02600370460; ( Company ), as Data Controller.

Art1Scope of

1.1   Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles45 and following) of 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 modified at any timeAny changes and/or new conditions will be effective from the moment of their publication on the SiteYou are therefore invited to access the Site regularly 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 subjects other than the Company that may be present on the Site through links, banners or other hypertext linksBefore carrying out commercial transactions with these subjects it is necessary to check their conditions of saleThe Company is not responsible for the supply of services and/or for the sale of products by such subjectsOn the websites that can be consulted via these links, the Company does not carry out any checks and/or monitoringThe 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 the other information that the Company provides on the Site, even during the purchase procedure.

Art2Purchases on the Site

2.1   L 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 paragraph, letta) of the Consumer Code, it should be remembered that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity, are considered consumers.

2.3   Under no circumstances will 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 Site.It is therefore forbidden for these subjects to make purchases on the Site.

2.4   In the case of orders, from anyone originating, which are anomalous in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to put an end to 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 otherwise inaccurate identification data or who has not promptly sent the Company the documents requested by the same or who have sent invalid documents

Art3Site registration

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

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

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

3.3   L 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 in any case inaccurate personal data, without prejudice to the right of the Company to proceed with disabling the user's account.

Art4Information directed to the conclusion of the contract

4.1   In compliance with 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 complete an order form in electronic format and send it to the Company, electronically, following the instructions that will appear from time to time on the Site
  • 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 email address indicated, containing:
    • information relating to the characteristics of the purchase
    • the indication of the price
    • the indication of the means of payment used
    • the indication of the delivery costs
    • the indication of the delivery term
    • the indication of the 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 Product ordered 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 Product orderedIn 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 paragraph, of the Consumer Code.

5.4   Alternatively, you may accept:

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

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

5.6   In the event that you exercise the right of termination pursuant to art61, IV and V paragraph, 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 taken place, 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 which 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 IT systems or the computers you use to view themFurthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory productsThese images must therefore be understood as indicative and with usage tolerances.

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 the one indicated on the Website 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 sends it.

Art8Purchase orders

8.1   The Company will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been creditedThe 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, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.

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

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 pagesFailure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.

Art9Terms of payment

9.1   The following payment methods are accepted on the Site:

  • Payment card.

9.2   The Company accepts credit cards from 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.

L 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 released the debit authorization.

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

L charge will be made when the order is sent.

Art10Delivery of Products

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

10.2   Delivery is subject to payment for orders of less than or equal to €79.00; 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 more processing days.

10.4   It is up to you to check the condition of the delivered ProductIt being understood 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 takes possession of the Product, the Company recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserveIn the event that the package shows obvious 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 stipulates the contract is a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without any 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 within fourteen (14) working days starting from the day of receipt of the Products, specifying theof the Order and the code/s of the article/s for which it intends to exercise 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;
  • 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 starting from the date on which you received the products (the delivery date declared by the Courier is valid);
  • in the cases in which the Seller, in exchange for the purchase of a specific package of Products, offers the possibility of purchasing them at a lower price than that which would normally be charged by purchasing them individually (e.g.5x4, 3x2 etc.), the right of withdrawal can also be exercised by returning only some of the products purchased:in this case the price will be recalculated taking as reference the price normally charged for the purchase of the single productIn all other cases (egbundling, options trading, etcetc.) the right of withdrawal can only be exercised 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 within and no later than 30 days of 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 according to which the re-credit will actually be visible to the Customer will depend on his bank, credit card institution or PaypalIn the case of payment of the order by cash on delivery, it will be the Customer's responsibility to indicate which method he prefers the refund by choosing between a Paypal account and a 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 itselfOnly in these cases, the Seller will also refund the amount that the Customer paid for shipping costsThe Seller will send an express courier to collect the Product from the address indicated by the Customer.

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

11.8 In the event of exercising the right of withdrawal without complying with the methods indicated above (egbeyond the 14 days established by law, or without having followed the return instructions), the Seller will return the purchased Products to the Customer again, also charging him for 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 when placing the Order.

11.10 GOODS EXCHANGE

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

In case of incorrect purchase, it will be possible to exchange goods by specifying the details via email to be sent within 14 days of deliverySubsequently, a confirmation email will be sent on the availability or otherwise of the sizeThrough our courier, we will collect the previously purchased goods directly from the customer, delivering the replacement item at the same timeThe customer will have to deliver the packaged goods for transport to the courier who has arrived to carry out the simultaneous deliveryThis service has a cost of 6.00 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 ).

To whom it applies

The Legal Guarantee is reserved for consumersTherefore, it is applied 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 to apply

The Company is liable to the consumer for any lack of conformity of the Product and 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 conformityStarting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility 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 goodsIt is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date the purchase was made (for example the payment card statement) and the date of the delivery.

In the event of termination of the contract, the Company will return the total amount paid to the consumer, consisting of the purchase price of the Product, shipping costs and any other additional costsIn the event of a price reduction, the Company will return the amount of the reduction, previously agreed with the consumerL refund or reduction amount 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 damages, of any kind whatsoever, 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 damages deriving from unforeseeable circumstances or force majeure.

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

13.1   The purchase contracts concluded through the Site are governed by Italian lawWithout 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   It should be remembered that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place in which the user resides or has elected domicile is competent.

13.3   Pursuant to art141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who qualifies as a consumer pursuant to art.3, paragraph 1, letta) of the Consumer Code, that, in the event that he has presented a complaint directly to the Company, following which it has not been possible to resolve the dispute thus arisen, the Company will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court settlement 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 articles141-bis and followingConsumer Code), specifying whether or not it intends to make use of these bodies to resolve the dispute itself.

13.4   The Company also informs the user who qualifies as a consumer pursuant to art3, paragraph 1, letter a) of the Consumer Code that a European platform has been set up 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 site of each of them and start an online resolution procedure for the dispute in which he is involved.

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

13.6   L 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, 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 website   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:

  • by completing and sending the form available at the following link"contact us"
  • by email, at the following address:info@bienjugado.it
  • by telephone, at the following number:+39 329 462 0853

The Company will respond to complaints presented within 3 days of receipt of the same.