These general terms and conditions govern the commercial relations between Fratelli Berdin Srl (Grünland) - Via Piave 18/A - 36077 Altavilla Vicentina (VI) and the Customer, which are established via electronic sales system (e-commerce) on the website.
The Customer declares that they are a Consumer, unless, when registering, they state that they are acting in a Professional capacity. The contract specifies clauses that not applicable to Customers acting in a Professional capacity.
These general conditions of sale are subject to change, even without notice, and any changes will take effect from the date that they are published on the company website.
Prices and availability
The prices and commercial offers of FRATELLI BERDIN SRL are those published on the shopping-cart summary page, before the purchase is confirmed by the Customer. The prices shown include VAT and do not include any duties or taxes applicable in the country of destination, where this country is not Italy. The Customer shall bear these costs
The Customer will pay the full price of the goods ordered at the same time that the order is placed. If the Order is not accepted, FRATELLI BERDIN will promptly refund the amount already paid. For when an order is placed, FRATELLI BERDIN offers a variety of payment methods, including payment by credit card (e.g. Visa, MasterCard, American Express, etc.) or payment via the secure system "PayPal". The Customer selects the preferred payment method from those offered by FRATELLI BERDIN during the purchasing stage. If the chosen payment method is not even temporarily available, FRATELLI BERDIN will promptly suggest alternative methods.
Invoices will only be issued in an electronic format.
Taxes and delivery fees are also shown on the summary page.
Generally, the availability of products is specified on the website and this is regularly updated. These frequent updates are considered sufficient to provide highly reliable information, but this does not guarantee that a product said to be available at the time it is selected for purchase by the Customer will definitely be in stock.
Processing an order
Before proceeding to purchase goods, the Customer must register via the dedicated section on the website, providing truthful information about their identity. Until the Order is placed, the Customer will be able to review information entered by clicking on the "Back" button.
By placing an order and simultaneously paying, the Customer intends to purchase the goods shown on the shopping-cart summary page. Fratelli Berdin Srl reserves the right not to accept the intended purchase, giving notice within 30 days or if the 30 days run without any response.
In any case, orders shall be deemed to be accepted, subject to both quantities and delivery terms. FRATELLI BERDIN SRL shall not be liable if quantities are delayed, postponed or reduced when orders are processed, except in cases of negligence or fault attributable to FRATELLI BERDIN SRL itself. Each individual order or delivery shall be considered autonomous and independent from any other order or delivery.
Right of withdrawal
Customers acting as Consumers have the right to withdraw, without having to provide a reason, from the purchase agreement within fourteen days from the day on which they, or the third party that is not the carrier, receives the goods, acquiring possession of them.
In such cases, the Customer shall inform Fratelli Berdin Srl of their decision to withdraw from the agreement by following the instructions and using the form available on the website on the "product return" page, or by explicitly stating that they have decided to withdraw from the agreement. Before the expiry of the withdrawal period specified above, notice of withdrawal must be sent by email to [email protected], or by registered letter with return receipt to Fratelli Berdin Srl (Grünland) - Via Piave 18/A - 36077 Altavilla Vicentina (VI)
Fratelli Berdin Srl will refund all payments received by the Customer after withdrawal (this may include delivery fees), without undue delay, when the goods returned by the Customer have been delivered to our warehouse and their condition has been verified. The refund will be made using the same means of payment used by the consumer during the initial transaction, unless the consumer has explicitly requested a different method.
When exercising withdrawal, the Customer shall return the goods without undue delay and, in any event, within thirty days from the date on which they received the goods covered by the agreement. If the Customer returns the goods before the expiration of the period specified, the deadline is met.
The Customer is responsible for the reduction in value of goods resulting from excess handling that affects the state, characteristics and function of the products themselves, i.e.: if the original packaging is missing; if integral parts (accessories, laces, etc.) are missing; and if there are signs of wear and tear suggesting that the goods have been used outside or tested in a non-standard way.
The Customer only bears the direct cost of returning the goods, unless Fratelli Berdin Srl has stated that it intends to cover shipping costs on the "product return" page.
Fratelli Berdin Srl may withhold refunds until it has received the goods or until the consumer has proved that they have returned the goods, whichever is earliest.
The right of withdrawal is reserved exclusively to consumers (natural persons who buy goods for purposes that are not related to their professional, commercial or entrepreneurial activities) and, therefore, it cannot be exercised by legal persons or natural persons acting for purposes that are related to professional activities.
By accepting these general terms and conditions, the Customer declares to have read the following information about the purchase shown on the website:
- the main characteristics of the goods in the shopping cart
- that the sale is made by Fratelli Berdin Srl (Grünland) - Via Piave 18/A - 36077 Altavilla Vicentina (VI)
- the total price of the goods including taxes, all additional shipping fees, the method of payment chosen, and the conditions regarding the delivery and processing of the order
- the conditions, terms and procedures for exercising the right of withdrawal in accordance with Article 54, paragraph 1 of Legislative Decree 206/05, as also described on the "product return" page
- that there is a legal guarantee regarding the conformity of goods.
Purchases made by Customers acting as Consumers are subject to Warranty rules that are provided for by the Consumer Code.
If the consumer identifies defects and faults with the goods purchased, they must contact Fratelli Berdin Srl within the time period provided by law (within two months of identifying the issue) in accordance with procedures specified on the "product return" page, then request that the Product is repaired or replaced. It is up to the Customer to decide whether the product is repaired or replaced, unless their chosen solution is objectively impossible or too expensive compared to the other.
The aforementioned warranty is reserved exclusively to consumers (natural persons who buy goods for purposes that are not related to their professional, commercial or entrepreneurial activities) and, therefore, it cannot be exercised by legal persons or natural persons acting for purposes that are related to professional activities. For these, the warranty provided for by the Civil Code remains.
Shipping and transportation. Risks
Fratelli Berdin Srl cannot be held responsible for the non-delivery or delayed delivery of goods due to force majeure, such as, for example, fires, earthquakes, floods and damage to warehouses or strikes, judicial or administrative measures, road and motorway interruptions, etc.
If delivery made impossible by force majeure persists for a period of more than 30 (thirty) days, each party shall be entitled to withdraw from the contract.
In all other cases, the risk of accidental loss of goods is passed on to the Customer as soon as the goods are delivered to the first carrier, but only if the purchase is made by a Customer that is not a Consumer.
Applicable law and place of jurisdiction
Italian law applies. If the Customer acts as a consumer (a natural person who buys goods for purposes that are not related to their professional, commercial or entrepreneurial activities), the place of jurisdiction is where they live. In the event of disputes relating to purchases made by legal persons or natural persons acting for purposes that are related to their professional activities, Vicenza is the sole place of jurisdiction.
Processing of personal data
The processing of the Customer's personal data is governed by the relevant policy provided, pursuant to art. 13 of Legislative Decree 196/03, the "Italian Personal Data Protection Code", when a user is registered.
Once authentication with the user name and password is complete, each activity carried out on the e-commerce site of Fratelli Berdin Srl is registered with special logs and is attributable to the account created, based on the identifying information provided by the Customer. Pursuant to Legislative Decree 82/05, this information, which is uniquely associated with the password chosen, is a method of computer-based identification considered "secure" by the parties involved due to its objective quality, security, integrity and immutability.
This Contract is made available at the time of conclusion by being sent in electronic format to the email address stated. Any particular agreement shall have no value unless specifically negotiated by both parties, in which case it shall constitute an addendum to this text.
Upon request by one of the parties involved, the other undertakes to print this contract, sign it and send it to the requesting party’s premises within 7 days.