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Terms and conditions

Art. 1 Definitions

1.1. The term “online sales contract” means the contract of sale relating to movable property of the Supplier materials, signed between them and the purchaser under a sales system remotely via telematics, organized by the Supplier .
1.2. With the “Purchaser” refers to both the consumer natural person who performs the purchase, under this contract, for purposes other than commercial or professional activity.
1.3. With the “Supplier” refers to the one person mentioned in the headnote that the subject provider of information services.

Art. 2 Object of the contract

2.1. With this contract, respectively, the Vendor sells and the Purchaser acquires at a distance through electronic means the tangible movable property indicated and offered for sale on the site www.diberardinobags.com.
2.2. The products referred to above are described in the web page: www.diberardinobags.com.

Art. 3 Stipulation mode of the contract and acceptance of general conditions of sale

3.1. The contract between the Supplier and the Buyer ends only through the Internet by accessing the Buyer at www.diberardinobags.com, where, following the procedures indicated, the Buyer formalizes the order for ‘purchase of the property referred to in paragraph 2.1 of the previous article.
3.2. The Purchaser, by sending electronic of your purchase order, declares to have read and have accepted these general conditions of contract and undertakes to observe and respect in its relations with the Supplier.

Art. 4 Buyer’s obligations

4.1. The Purchaser shall, before submitting your purchase order, carefully read these general conditions of sale. The forwarding of the purchase order involves their full knowledge and acceptance.
The Purchaser shall, finally, once the online purchase procedure, to print and keep these general conditions of contract, already examined and accepted during the conclusion of the contract.

Art. 5 Conclusion and effectiveness of the contract

5.1. The purchase contract is concluded by correctly filling in the application form and the consensus expressed by the accession sent online or by filling out the form / form attached to the on-line electronic catalog at www.diberardinobags. com and then send the form / module, always after viewing a web page order summary, printable, which shows the payer and the order ends, the price of the goods purchased, the shipping charges and any additional expenses, the manner and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
5.2. At a time when the Supplier receives the order by the Buyer it provides to sending an e-mail confirmation or the display of a confirmation page and order summary, printable, which are also listed in the retrieved data previous point.
5.3. The contract is deemed not perfected and effective between the parties at fault than indicated above.

Art. 6 Methods of payment and reimbursement

6.1. Each payment by the Purchaser may only take place by choosing one of the following methods listed….
Payment by credit card
In the event that the consumer wishes to pay by credit card, he can also make use of the payment process with PayPal, likely to ensure the confidentiality of data provided by customers. For any further information and Legal Agreements please see the customer to consult the www.paypal.com website.
Cash on delivery
The cash payment is accepted only if made by cash; consequently, pursuant to art. 1197 of the Civil Code, will not accept payments by check. The cash payment will be subject to a surcharge that will be communicated to the customer after each order.
Payment by bank transfer
Payment by bank transfer can be carried out using the following extremes:
IBAN: IT28 T020 0824 4040 0000 4409 260 payable to: Di Berardino pelletterie snc
In the event that payment is made by bank transfer, the goods purchased will be sent to the accreditation receipt, so on average within two / five days after completion of the transfer.
6.2.Any reimbursement will be credited to the Buyer through one of the arrangements proposed by the Supplier and Buyer choice, in a timely manner and, in case of exercise of the right of withdrawal, as regulated article 13 of this agreement, at the latest 30 days from the date on which the Supplier is aware of the termination.
6.3. All communications relating to payments are made on a special line Supplier protected by encryption system. The Supplier guarantees the storage of this information as an additional layer of security and encryption in accordance with the provisions of current legislation on protection of personal data.

Art. 7 Timing and mode of delivery

7.1.The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of the offering of the goods, as confirmed in the e-mail referred to in item
7.2. The timing of the delivery depend on the availability of the items and may vary from the day the order to a maximum of 10 working days from the confirmation of the same.
7.3. The terms and the shipping costs are clearly stated during the purchase in the cart and proposed explicitly in the summary table before proceeding to payment.

Art. 8 Prices and Images

8.1. All sale prices of products displayed and indicated on the website www.diberardinobags.com site are expressed in Euros and are offered to the public pursuant to art. 1336 cc
8.2. The selling prices, as referred to above, include VAT for EU Member States. No other amount will be due upon delivery.
For direct orders in non-EU countries you will be required duties and local taxes upon delivery.
When ordering, please check the accuracy of data and billing and shipping addresses. In case of errors, please let us know promptly notify info@diberardinobags.com
8.3. The photos contained in the site are purely indicative; the color and the image may not fully correspond to the real ones of the product. There may be differences that are not significant with respect to what has been illustrated due to the type of computer screen or browser used for navigation, the craftsmanship of the construction and the characteristics of the leather tanned using natural and hand-dyed methods. Our company reserves the right to make technical and / or aesthetic improvements to the products, not modifying the general appearance or use, without any prior notice.

Art. 9 Product Availability

9.1.The Supplier shall indicate in its electronic catalog, the number of products available and those not available, and shipping times.
9.2. If an order exceeds the amount present in stock, the Supplier, by e-mail, will make known to the Purchaser if the property is already fully booked or what are the waiting time to get the goods chosen, wondering whether it confirms the ‘ order or less.
9.3. The computer system of the Supplier confirms in the registration of the order as soon as possible by forwarding to you a confirmation by email, according to point 5.2.

Art. 10 Limitations of liability

10.1.The Provider assumes no liability for disruptions caused by force majeure in the event fails to execute the order within the time stipulated in the contract.
10.2. The Supplier shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its subcontractors.
10.3. The Supplier will not be liable for any damages, losses and costs incurred by Buyer as a result of failure to execute the contract for reasons not attributable to him, as the Buyer shall only be entitled to full reimbursement of the price and any charges incurred .
10.4. The Provider assumes no responsibility for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the purchased products, if he proves that he took all the precautions possible based on the best science and experience of the moment and according to ordinary diligence.
10.5. In no event shall Buyer be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner specified by the Supplier.

Art. 11 Defect liability, proof of damage and compensable damages: the obligations of the Supplier

11.1. Any request for damages caused by defects of the good sold must be in writing and must indicate the product that caused the damage, the place and date of purchase; It must also contain the offer in view of the product, if it still exists.
11.2. The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time when the producer he put the product into circulation, not even allowed to consider the defective product.
11.3. No compensation will be due if the Injured party was aware of the product defect and the danger that it followed and yet there has voluntarily exposed.
11.4. In any case the Damaged must prove the defect, damage, and the causal relationship between defect and damage.
11.5. Damage to property in art. 123 of the Code of consumption will, however, compensable only to the extent that exceeds the sum of EUR trecentottantasette (€ 387).

Art. 12 Right of withdrawal

12.1. The Purchaser has in every case the right to terminate the contract without penalty and without giving any reason, within 14 (fourteen) days from the date of receipt of the goods purchased.
12.2. The Purchaser can exercise their intention to withdraw from by written communication sent by email to info@diberardinobags.com.
12.3. The return of the goods must take place no later than 30 (thirty) days of receipt of the asset. In any case, for there to be entitled to a refund the goods must be returned intact, complete with warranty and packaged in its original wrapping. All products returned with obvious signs of use or incomplete will not be refunded.
12.4. The refund shall be borne by the Buyer, who is fully responsible. The Supplier reserves the right to refuse unauthorized returns and return them to the sender, even when they are not respected the conditions and the timeframe specified for the communication of the year of withdrawal.
12.5. The Supplier guarantees the repayment of the amount paid, except for any import duty and local taxes, within 10 (ten) days of receipt of returned goods.
12.6. With the receipt of notice which the Purchaser shall notify the exercise of the right of withdrawal, the Parties to this agreement will be dissolved by mutual obligations, except as provided in the preceding paragraphs of this Article.

Art. 13 Warranties and customer care

13.1. In the event that the product suffers damage during transport, the Buyer agrees to notify the Supplier no later than 48 hours after delivery.
Upon receipt of the shipment the Purchaser is required to verify that the products received correspond to the order made and no obvious defects.
13.2. All products are guaranteed for 24 months from the date of delivery, as indicated in the warranty card supplied.
In case of problems, the customer agrees to contact the Supplier by sending an email with photographic description of the problem to the following address: info@diberardinobags.com
13.3. This warranty applies only to the original purchaser and does not cover damage caused by normal wear and tear, accident, abuse or normal wear and discoloration of materials. Damage to baggage caused by manipulation by the airlines are not covered by this warranty; in such cases, the request should be addressed directly to the airline.
13.4. The Supplier reserves the right to charge the customer any costs incurred for product verification and shipping the same, if it is undamaged and functioning that is devoid of the alleged defect and compliance refers to the date of delivery.
13.5. The images and the colors of the articles on this site may not correspond fully to the actual product being the result of a hand-crafted and manufactured using materials obtained from natural treatments; Also the type of computer screen or browser used for navigation can ‘be due to any differences.
13.6. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist:
a) they are fit for the purposes for which goods of the same type are normally used;
b) comply with the description given by the Seller;
c) show the quality and performance which are normal in goods of the same type;
d) they are also suitable for use particularly wanted by the consumer and that you have to be made known to the seller at the time of conclusion of the contract and which the seller has accepted.
13.7. As a result of Buyer’s notice, the Supplier will indicate their willingness to act on the request, or the reasons that prevent him from doing so, within 7 working days of receiving it. In the same communication, where the Supplier has accepted the Buyer request must indicate the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods.
13.8. The return of the product, both in case of repair or replacement under warranty, is still borne by the Buyer.

Art. 14 Causes of resolution

14.1.The bonds referred to in point 4, assumed by the Buyer, as well as security for completion of payment the Buyer using the means referred to in paragraph 6.1, and also the exact fulfillment of the obligations assumed by the Supplier in Section 7, They are essential, so that, by express agreement, the failure of one of these obligations, if not determined by accident or force majeure, will result in the automatic termination of the contract pursuant to art. 1456 cc, without any judicial decision.

Art. 15 Protection of privacy and the processing of Buyer’s data

15.1. The Supplier protects the privacy of its customers and guarantees that your data is in accordance with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, No. 196.
15.2. For clients and suppliers Personal data collected directly and / or through third parties by the Supplier Di Berardino snc leather goods, data controller, is collected and processed in printed, computing, telematics, in relation to treatment modalities with the aim of registering the order and provide him with the procedures for the execution of this contract and the necessary communications in addition to the fulfillment of any legal obligations, as well as to enable effective management of business relationships to the extent necessary to perform the best service required (art. 24, paragraph 1, lett. b, Legislative Decree no. 196/2003).
15.3. The Supplier undertakes to treat as confidential data and information submitted by the Buyer and not disclose to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data can be produced only at the request of court or other authority authorized by law.
15.4. Personal data will be disclosed after signing of a commitment to confidentiality of data, only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.5. The Purchaser has the rights under Article. 7 of Legislative Decree no. 196/2003, and that is the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except if this requirement It proves impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part: i) for legitimate reasons the processing of personal data, pertinent for collection purposes; ii) the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it can not be given with a request by the Buyer.
15.7. In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected and subsequently processed. Their removal will still safely.
15.8. Owner of the collection and processing of personal data is the Supplier, which the Buyer may direct at the corporate headquarters, every request.
15.9. Any communications sent to the mailing address (including electronic) of the Centre (requests, suggestions, ideas, information, materials etc.) Will not be considered confidential information or data, must not violate the rights of others and must contain valid information, harming the rights of others and true, in any case it can not be attributed to the Centre any responsibility for the contents of messages.

Art. 16 Storage mode of the contract

16.1. Under Article. 12 of Legislative Decree no. 70/2003, the Supplier informs the Buyer that every sent order is preserved in digital / paper form on a server / at the headquarters of the Supplier according to confidentiality and security policies.

Art. 17 Communications and complaints

17.1.Direct written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Di Berardino leather goods snc – via G .Of Vittorio, 2-63074 San Benedetto del Tronto (AP) – Italy or sent by fax to 0735 651259 or sent by e-mail at the following address info@diberardinobags.com
The Purchaser shall indicate in the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notices of the Supplier.

Art. 18 Disputes

18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Ascoli Piceno and resolved according to the Conciliation Rules adopted by it.
18.2. If either Party intends to appeal to the ordinary judicial authority, the jurisdiction is that of the consumer, mandatory place of residence or the elective domicile pursuant to Art. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.

Art. 19 Applicable law and court

19.1. This purchase contract is concluded in Italy and is therefore governed by Italian law and legislation that regulates the distance purchases. In case of any dispute, the competent court is the Court of Ascoli Piceno.
19.2. Although not expressly provided, apply the rules of law applicable to the relationship and to the cases described in this agreement, and in particular Article. 5 of the Rome Convention of 1980.
19.3. Under Article. 60 of Legislative Decree no. 206/2005 is here expressly referred to the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.

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