General Terms and Conditions of Sale
These general conditions of online sale govern the contract of sale (hereinafter, the "Contract") of products (hereinafter, the "product" or "products") offered by 100x100 FACTORY SRL with sole shareholder - social capital of the company i.v. € 10000.00 with legal and operative site in Loc. Amérique, 89 / D - 11020 Quart (AO), CF / VAT number 01228060073, registered with the city REA n. AO77936 (hereinafter, 100x100 FACTORY SRL) - through its Internet sites www.bemajida.it, www.bemajida.com and www.bemajida.fr (hereinafter, the "website") to users of the site (hereafter, "customers" or the "customer"). These general conditions of sale (hereinafter, "the Conditions") are intended only and exclusively for customers qualifying as "consumers" pursuant to art. 3, co. 1, lett. a), of D.Lgs. 6 September 2005, n. 206: "the natural persons acting for purposes unrelated to the entrepreneurial or professional activity carried out", which are of legal age.
For professional clients, general terms and conditions provided for by the Civil Code apply to articles 1470 and following, with the exclusion of the conditions specifically provided by the law for consumer protection contained in these conditions, except as specifically defined in these conditions in relation to such subjects.
In the event of conflict between these terms and any conditions and terms agreed upon in the single sale, the latter will prevail, without prejudice to the other agreements notwithstanding the other agreements set forth herein for anything not expressly agreed upon.
All information on the site are in Italian, French and English.
The customer declares to have read the general conditions of sale provided here, before making the purchase order request. By making this request, he expressly declares to accept them. The customer declares and guarantees that the information provided for the purchase is true.
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 the product sales offered on the site.
2 - Territory and offer coverage
The present version of the conditions refers exclusively to the sales taking place within the States that are part of the European Union.
3 - Contractual documents
The contract stipulation consists of the following documents:
- these general conditions of sale
- the order confirmation
4 - Customer order request
The customer who intends to proceed with the purchase of the products must express this will through a request made on the site, in the dedicated section, where, following the indicated procedures, will send their purchase order request and make the payment. To proceed with the order request, the customer must select the product / products of interest and the number of pieces he wants to purchase in relation to them. Once the products have been selected, on the concerned page, the total prices of the selected products will be indicated to the customer, as well as the shipping costs based on the products destination, estimated delivery times and payment methods. The customer must then make a validation click that will be valid as order request confirmation of the products indicated there, under the conditions provided. This confirmation constitutes an irrevocable commitment of the customer to the purchase of the selected products, except for the hypotheses indicated under "Right of withdrawal" and "Execution of the order." The conclusion of the contract will occur when the conditions set out in point 5 are met.
5 - Order acceptance
The contract will be considered concluded only upon confirmation of the order by 100x100 FACTORY SRL. This order confirmation will take place in the following ways: the customer will receive by e-mail a notification of receipt showing the order confirmation with all the essential elements of the contract (products ordered, prices, place of delivery, indicative delivery dates, shipping costs, means of payment, right of withdrawal, applicable taxes, general terms and conditions of sale). In the event that the customer, after confirming the order but before sending the package, must change some of the data entered there, such as the place of delivery, can do so by the methods indicated in Article 21. 100x100 FACTORY SRL reserves the right not to confirm an order for any reason, including product supply problems or specific problems regarding the order received. In case of non-acceptance of the order in its entirety, the contract will be considered not concluded and no bond will arise between the Parties. In this case, 100x100 FACTORY SRL will refund the price and shipping costs incurred by the customer with reference to it. The refund will be made on the payment card or PayPal account indicated by the customer during the purchase procedure or by bank transfer, the details of which will be communicated after registration. If it is not possible to execute the order in its entirety for any reason, the order will be considered restricted to that part that can be provided and 100x100 FACTORY SRL will notify the customer through a partial order confirmation. In this case, 100x100 FACTORY SRL will keep the related partial order confirmation and will refund the customer the price and shipping costs incurred with reference to the products that will not be delivered, in the manner indicated above. The products will be delivered as soon as available to 100x100 FACTORY SRL within the terms foreseen in clause 10. Any delivery times indicated in the order are to be considered merely indicative and not essential pursuant to art. 1457 of the Civil Code.
6 - Products Availability
The offers on this site will be valid as long as the products listed will be available online and, in any case, while stocks last. Orders are always taken over, subject to availability: 100x100 FACTORY SRL is not responsible for the temporary or final unavailability of the product. In such cases, 100x100 FACTORY SRL will communicate to the customer, to the email address associated with his account profile, the unavailability of one or more of the ordered products and will refund the price and shipping costs incurred by the customer with reference to them, with the methods indicated in clause 5.
7 - Prices
The prices of the products are expressed in Euro and include VAT 22%. The prices of the products do not include any delivery costs, which will be indicated in the customer's order request and in the order confirmation. The guaranteed price to the customer is the one published on the site at the time of sending your order request.
8 - Payment
The payment of the fee is due at the moment of the order request formulated by the customer. The customer undertakes to pay the estimated price for the product / products ordered on the site, including the transport related price, using the payment methods available listed on the site. The customer guarantees 100x100 FACTORY SRL to have the necessary authorizations to use the payment instrument indicated during the order procedure. In case of no payment reception of everything due, 100x100 FACTORY SRL reserves the right to cancel the order. In the case of payment by credit card, 100x100 FACTORY SRL reserve itself the right to request the dispatch, within 24 hours of the order request, of the copy of the identity document proving the actual ownership of the credit card used, remaining understood that, in the absence of the requested submission, 100x100 FACTORY SRL may refuse the payment and cancel the order. The payment related data will be processed by third parties (Banca Intesa Sanpaolo for credit cards, PayPal (Europe) S.à rl et Cie, SCA for PayPal) on its servers, with full exemption of 100x100 FACTORY SRL for any circumstance verify with reference to these transactions or in relation to them.
9 - Risk transfer
The risk transfer to the customer takes place at the delivery of the products to the selected transporter by 100x100 FACTORY SRL. Throughout the withdrawal period indicated in article 13, the customer is responsible for everything that occurs with regard to the products as a custodian. In case of damage, loss or destruction of the products during the custody of the customer, the customer will suffer all the consequences, with loss of rights under clauses 13 and 14.
10 - Order Execution
Unless a specific agreement between the parties, the order will be executed following its acceptance by 100x100 FACTORY SRL in the terms specified on the site and, generally, within 60 working days following the order confirmation, unless unexpected or specific impossibilities, subject to availability of the ordered product.
In the event of stocks exhaustion or unavailability of the ordered product, 100x100 FACTORY SRL undertakes to inform the customer as soon as possible pursuant to clause 6 and to specify a possible deadline for renewed availability, if this is possible.
11 - Delivery
The geographical delivery area corresponds to the geographic coverage area of the offer, therefore the States belonging to the European Union.
100x100 FACTORY SRL carries out deliveries in all the territories indicated according to the rates shown to the customer during the order request.
100x100 FACTORY SRL undertakes to deliver the products to the address indicated by the customer in the purchase order request, through the carrier selected and appointed by 100x100 FACTORY SRL. The Postal Boxes are not considered valid addresses for delivery. Deliveries are made from Monday to Friday. The products are delivered to the address indicated by the customer and 100x100 FACTORY SRL can’t be held responsible for errors in delivery due to inaccuracies or incompleteness in filling in the purchase order by the customer. The delivery refers to the ground floor unless otherwise indicated. The request for delivery to the desired floor of an order (where available) must be indicated by the customer when requesting the order of the products. If not specifically indicated, 100x100 FACTORY SRL does not provide for the installation service of the products sold. 100x100 FACTORY SRL can’t be held responsible for any damage that may occur to the products after their delivery to the carrier in charge of transport as well as for delays in delivery beyond the deadlines indicated in the order. The delivery document issued by the carrier, dated and signed by the customer without reserve to the delivery of the product, will constitute proof of transport and release of the good and in good condition. Therefore, upon delivery, the customer undertakes to check the content, conformity and status of the product / products before signing the document of receipt. If anomalies are found, the customer must refuse the delivery of the products or write down their reserves, detailed and dated. These reserves must be confirmed to 100x100 FACTORY SRL by registered mail with return receipt within three (3) business days after delivery of the products. In case of serious delays in delivery, damage, total or partial losses or other problems due to the carrier, the customer has the right to appeal to the carrier, and 100x100 FACTORY SRL is fully relieved of any responsibility in this regard.
12 - Products return in case of customer absence
In case of absence of the addressee during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In case of absence of the addressee even on the second delivery attempt, the products must be returned at the address and in the manner indicated by the carrier. In case of delivery failure within the deadline set by the carrier, the products will be returned to 100x100 FACTORY SRL.
13- Right of withdrawal
The customer has the right to withdraw from the contract, without any penalty and without specifying the reason, starting from the receipt of the order confirmation sent by 100x100 FACTORY SRL within and no later than fourteen days from the product receipt to the address indicated for delivery. The date indicated on the delivery note is fully proof of receipt. The customer can exercise the right of withdrawal by filling in the appropriate form or alternatively through appropriate communication (including indication of the details of the recipient, the order number and the date of receipt) to be sent to the email address email@example.com. If the product has already been delivered, the customer is required to return it at his own expense and expense to 100x100 FACTORY SRL in the following ways, in compliance with the following terms and conditions:
1) the deadline for the return of the product is fourteen days from the delivery of the product (in case of reshipment by the customer, the customer must provide proof of shipment within the indicated period). According to term expiry purposes, the product is considered returned when it is delivered to the post office and / or accepting courier.
2) the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The customer must send the product properly packaged, in its original packaging. 100x100 FACTORY SRL does not accept damaged returns, but only those kept in good condition, kept with the use of normal diligence. Products damaged by detergents / additives or products damaged by the customer for any reason will not be replaced or refunded. The customer must insert a copy of the delivery document received within the packing box. The risks of transport for the return of the products are fully in charge of the customer.
3) the costs of returning the goods to 100x100 FACTORY SRL are at customer's charge.
If the customer exercises the right of withdrawal in accordance with the provisions of these conditions of sale, 100x100 FACTORY SRL will reimburse the amount paid by the customer as consideration for the purchase of the product in the manner specified in clause 5, net of delivery and return fees, unless otherwise indicated by the customer who decides to make another order request for another product. The refund of the indicated amount will take place, free of charge, within the period of thirty days from the date on which 100x100 FACTORY SRL has received the returned product in compliance with the conditions indicated above. In the event that all the above conditions are not met, nothing will be due to the customer. As foreseen by the legislative decree 6/9/2005 n. 206 and art.55 of the Consumer Code, the right of withdrawal governed by these terms of sale does not apply to tailored made goods or clearly personalized products or to references that, by their nature, can’t be returned or are likely to deteriorate or alter quickly not even to professional clients.
14 - Warranty
In the cases provided for by law, the customer consumer benefits from the legal guarantee of products conformity by 100x100 FACTORY SRL lasting 24 months from delivery of the product. The customer consumer must report the defect within two months of its discovery. For the activation of the guarantee, the customer returns the product to 100x100 FACTORY SRL at his own expense attaching the original order receipt. Once the defect of conformity of the product has been verified, 100x100 FACTORY SRL will, at its discretion, repair or replace it, where possible, and the product will be sent back at his own 100x100 FACTORY SRL expense to the customer, except in case of unavailability or ceased production of the same. In the latter hypothesis, 100x100 FACTORY SRL will proceed to reimbursement of the price of the product to the customer according to the procedures set out in clause 5. Some products benefit, where specifically indicated, a warranty extension. In these cases, the procedures and the duration of the guarantee are specified in the warranty certificate delivered with the product. The latter does not cover damages, breakages or malfunctions due to failure to comply with the precautions for use. The provisions set forth in this clause do not apply to professional clients, in relation to which the provisions referred to in Articles 1490 c.c. and the following.
15. Use of the site and images
100x100 FACTORY SRL hasn’t no responsibility for problems caused to the customer by the use of the site and its technologies as they are not dependent on their own will and not under their control.
Photographs and video products presentation, accompanying descriptive information are published on the website for information only, taking into account the fact that the quality of the images, including an exact display of the colour variations, may depend on software and computer tools used by the customer at the time of connection to the site and that any variations in the shades of colours and finishes of the products ordered fall within the normal characteristics of the materials used and are not attributable to 100x100 FACTORY SRL.
16. Intellectual and industrial property rights
100x100 FACTORY SRL informs that the site, its contents, as well as all the trademarks and distinctive signs related to the sale of the proposed products, are protected by the intellectual and industrial property rights of the respective legitimate owners and that it is forbidden every type of reproduction, communication, distribution, publication, alteration or transformation, in whatever form and for whatever purpose they occur. 100x100 FACTORY SRL reserves the right to act legally for the protection of these rights in relation to any form of their violation.
Following the conclusion of the contract, the customer does not acquire any rights in relation to the above mentioned intellectual and industrial property rights.
17. Protection of personal data
100x100 FACTORY SRL is the owner of the personal data collected during the registration to the site, as well as of those subsequently communicated at the time of purchase by the customer, except for the data related to the payment procedure for which you refer to the banking institutions through which the transaction takes place. For information on the processing of personal data, including the rights referred to in REG 2016/679, please refer to the detailed information already provided at the time of registration to the site.
18 - Electronic signature
The "validation click" is equivalent to an electronic signature. It has the same value as a handwritten signature between the parties.
19 - Integrality of the contract
These general conditions of sale constitute the entirety parties obligations in relations with consumers. 100x100 FACTORY SRL will not be bound by general or specific purchase conditions of the customer, unless expressly approved in writing by it.
20 - Invalidity
If one or more considerations of judicial conditions are not valid or ineffective by virtue of a decision, it will be considered as not affixed, but the full validity and effectiveness of the remaining provisions will remain valid.
21 - Communications
For any communication, data rectification or complaint you have to contact 100x100 FACTORY SRL at the following addresses:
ADDRESS: 100x100 FACTORY SRL with sole shareholder
legal and operative site: Loc. Amérique, 89/D - 11020 Quart (AO)
C.F. - P.IVA: 01228060073
22 - Applicable Law
The sale contract between the Customer and 100x100 FACTORY SRL is concluded in Italy and governed by Italian law. For any and every dispute that arises in order to validity, execution, interpretation and termination of this contract, the Italian jurisdiction is established exclusively.
In the case of a customer located in the territory of the Italian State, the Court of the place of residence or domicile of the client is competent. In the case of a professional client located in the territory of the Italian State, the Court of Turin has exclusive and binding jurisdiction, with the exclusion of any other court.
In the case of a customer located outside the Italian territory, but within the EU territory, the Court of Turin has exclusive and mandatory jurisdiction, with the exclusion of any other Court.