These general conditions of online sale (hereinafter “GCS”) govern the sales contract (hereinafter, the “Contract”) of the products (hereinafter, the “product” or “products”) offered by BSINERGY S.R.L. – Fully paid-up share capital € 40,000 based in GIUSSANO (MB), PIAZZA REPUBBLICA, 1 – 20833, GIUSSANO (MB), Tax Code / VAT number 10864290969, registered in the REA of Milan Monza Brianza Lodi n. 2563103 (hereinafter, “LTS”) – through its website www.bsinergy.it (hereinafter, the “site”) to the users of the site (hereinafter, the “customers” or the “customer”).
All information contained on the site is in Italian and English. The customer declares to have read all the above information and general conditions of sale, before placing the order.
The customer also declares to have the legal capacity to make the commitment in accordance with the provisions of these general conditions.
1 – Object
These general conditions of sale have as their object the definition of the rights and obligations of the parties in the context of a sale between professionals in the sector (therefore excluding consumers and mainly unauthorised dealers) of goods offered in the online shop www.bsinergy.it.
2 – Contractual documents
The contract consists of the following documents:
• these general conditions of sale
• the order confirmation
The photographs illustrating the products on the site do not fall within the contractual field and are shown for descriptive purposes only.
3 – Receipt of order
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer.
4 – Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by Bsinergy. The customer will receive a notification of receipt by e-mail, showing the order confirmation with all the constituent elements of the contract (including products ordered, prices, delivery dates, shipping costs). Bsinergy reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or to a problem regarding the order received.Bsinergy cannot be held responsible for errors in delivery due to inaccuracies or failures in the completion of the purchase order by the customer. Furthermore, Bsinergy cannot be held responsible for any damage that may occur to the products after delivery to the carrier in charge of their transport, neither for delays in delivery attributable to the latter.
5 – Availability of products
The offers displayed on this site will be valid as long as the products listed remain online. Bsinergy also reserves the right to communicate to the customer, through the email address associated with the profile, the possible unavailability of one or more of the products purchased. In the event of the purchase of a product that is no longer available, Bsinergy will reimburse the customer for the price and shipping costs incurred by the customer, by PayPal or by bank transfer.
6 – Prices – Invoice
The guaranteed price to the buyer is the one published on the site at the time the order is sent and is expressed in Euros and does not include VAT. Delivery costs are included in the final price of each individual product.
The customer who intends to proceed with the purchase of the products must express the choice through a request made directly on the site, in the specifically dedicated section, where, following the procedures indicated therein, he/ she will send his purchase order and make the payment. Regarded payment is due from the time of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using payment methods available. The customer guarantees Bsinergy that he/ she has the necessary authorizations to use the payment instrument indicated in the order. In case of non-receipt by Bsinergy of the full payment, Bsinergy reserves the right to cancel the order, even partially, without charges and/ or responsibility at its own expense. Payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
8. Transfer of Risks
The transfer of risks from Bsinergy to the customer takes place upon delivery of the products to the carrier by Bsinergy.
9. Execution of the order
The order will be executed within the terms specified on the website and upon receipt of full payment subject to the availability of the product ordered and unless specifically agreed between the parties. In case of unavailability of the ordered product, Bsinergy undertakes to inform the customer as soon as possible to specify a possible term for renewed availability. See Article 6 regarding the availability of products.
The products are delivered to the address indicated by the customer. Delivery is intended on the street level. There is no delivery to the floor and Bsinergy does not provide the installation service of the products sold. In case of special needs, do not hesitate to write to email@example.com. Bsinergy, without prejudice to the provisions of Article 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier responsible for transporting them. Bsinergy cannot be held responsible for errors in delivery due to inaccuracies or failures in the completion of the purchase order by the customer. Furthermore, Bsinergy cannot be held responsible for any damage that may have occurred to the products after delivery to the carrier responsible for transporting them , neither for delays in delivery attributable to the latter.
All deliveries are made through a courier selected by Bsinergy.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of the transport and release of the goods. Upon delivery, the customer must check the content, conformity and status of the product or products.
In case of delays, breakdowns, total or partial losses or other problems, the customer has the right to appeal to the carrier without Bsinergy’s responsibility ever being taken into consideration.
Therefore, upon delivery, Bsinergy recommends the customer to check the status of the products delivered before signing the receipt document.
In order to guarantee high quality standards, the products are subjected to quality control procedures by Bsinergy before being shipped. However, in the event of problems, the customer benefits from the conventional guarantee from the manufacturer for a duration of 24 months.
12. Use of the site
The product descriptions and images on the site correspond to those made available by Bsinergy suppliers to Bsinergy itself. The photographs and video presentation of the products accompanying the descriptive information are published on the site for descriptive purposes, taking into account that the quality of the images, including an exact display of the color variations, may depend on software and IT tools used by the customer when connecting to the site. Bsinergy assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as they are not dependent on its will.
13. Intellectual and industrial property rights
Bsinergy informs that the site, as well as all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration is prohibited. or transformation, in any form and for any purpose they take place. Bsinergy reserves the right to take legal action to protect these aspects. Bsinergy assumes no responsibility for the trademarks and other distinctive signs that appear on the products it sells on the website, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
14. Protection of personal data
Bsinergy is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. For information relating to the processing of personal data, including the rights referred to in art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the website www.bsinergy.it.
15. Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
16. Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the customer may be included or be outside these general conditions.
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
For any communication, you can contact Bsinergy at the email firstname.lastname@example.org.
19. Applicable law
The sales contract between the customer and Bsinergy S.r.l. it is considered concluded in Italy and governed by Italian law.