Datenschutz
GENERAL CONDITIONS OF USE OF THE SITE AND PRIVACY POLICY
1.Start
1.1 Dear User,
the website www.bgates.it (hereinafter, the „Site“) is owned and operated by BGates S.r.l. with registered office in Via Giuseppe Ripamonti n. 44, 20141 Milan (MI) – Italy, (hereafter „BGates“), P.Iva e C.F. 05759280968.
1.2 These General Conditions of Use of the Site (hereafter „Conditions of Use“), together with the privacy policy and the other General Conditions published on the Site govern the access and use of the Site by the User, as well as the „on-line“ sales contracts also referred to as a supply relationship, between BGates and the User.
1.3 „On-line“ sales contract means the distance contract, ie the legal transaction concerning movable goods and / or services stipulated between a Supplier, BGates, and a Customer, as part of a remote sales system organized by BGates which, for this contract, uses only the remote communication technology called internet.
1.4 The use of specific services offered on the Site or particular areas of the same, by specific categories of users (hereinafter, „Users“), could result in the application, in addition to these Terms of Use of the Site, also of the General Conditions of Sale in force for those specific Services, for certain categories of Users.
1.5 Access to the Site, to the information contained therein and / or to any of the Services offered, entails the acceptance and compliance with the Terms of Use and all the other applicable General Sales Conditions. With the simple access to the Website, the Site Use Conditions and all the other applicable General Sales Conditions will be considered known and accepted: for this reason, the User is requested to read this document carefully, print it and save it before access the site.
1.6 BGates reserves the right to modify and / or update in whole or in part the Terms of Use of the Website and / or the other General Conditions of Sale at any time by publishing new terms or conditions. The use of the Site by the User will constitute acceptance of all the Conditions present on the Site as modified and updated. If the User does not agree with any of the terms or conditions present on the Site, he must immediately stop using the Website.
2. User status
2.1 The use of any service of the Site gives the user the status of User.
2.2 Registration is not required for simple navigation.
2.3 For the execution of Orders it is necessary to register. Registration will take place in the form expressly provided on the Site for the specific service.
3. Registered Users
3.1 To be able to register users must:
Be 18 years old;
Possess the necessary requirements to be able to enter into legally binding contracts;
Have a valid e-mail address
Be in possession of a valid credit card for payment, a bank account or PayPal account.
3.2 The Registered User declares that he will keep in a safe way and not disclose to third parties his access credentials (User Name and Password) provided with the registration procedure, which must be considered strictly personal and not transferable to third parties.
3.3 The User declares, under his sole responsibility, that all information provided during registration is complete, correct and true. BGates declines all responsibility for any consequences arising from the inclusion in the registration phase of false, incorrect, incorrect or incomplete information.
4. Categories of Registered Users
4.1 When registering on the Website, two categories of Users are identified, based on the data entered in the registration form:
– Consumer User: User who uses the Site for mere personal purposes not in the exercise of an art or profession. The same is not provided with VAT, excluding as an example and not exhaustive: sole proprietorships, freelancers, partnerships or capital companies.
– Business User: User who uses the Site for professional purposes in the exercise of an art or profession, with a VAT number. By way of example and not exhaustive: individual companies, professionals, partnerships or capital companies.
4.2 The site management system automatically categorizes the Users (Consumer or Business) by inserting the VAT number. It is the sole responsibility of the User to correctly enter their data at the time of registration (in particular the VAT number); The incorrect insertion of the data of the User will not allow the evasion of the Order.
4.3 In the case of foreign companies without a VAT number, please contact our customer service before making the purchase.
5. Applicability of the General Conditions of Use of the Site and of the other General Conditions of Sale to the various categories of Users
5.1 The General Conditions of Use of the Site apply to Users, as established in the Preface.
5.2 Contracts for the sale of goods concluded through the Website with Consumer Users will be governed by the General Conditions of Sale (hereinafter referred to as CGV) Consumer which guarantee the rights envisaged by Legislative Decree no. 206 of 2005 („Consumer Code“) as updated by Legislative Decree 21.02.2014 No. 21; Consumer Users are requested to consult the GCS applicable to them (published below) IN WHICH THEY WILL FIND ALL THE INFORMATION NECESSARY WITHIN THE MEANING OF ART. 49 of Legislative Decree 06.09.2005 No. 206 (Consumer Code).
5.3 Contracts for the sale of goods concluded through the Site with Business Users will be governed by the General Conditions of Sale (hereinafter CGV) Business;
6. Guarantees provided by the User
6.1 The User declares and guarantees that:
– the information provided at registration is correct, true, complete and precise;
– will update the information provided at registration, using the appropriate functionality to modify the User profile;
– use the Site in compliance with the General Conditions of Use of the Site, the applicable GFC and any instructions published on the Site from time to time;
– assumes all responsibility towards BGates and any third parties regarding the correctness and truthfulness of the information published.
BGates declines all responsibility for any consequences arising from the inclusion in the registration phase of false, incorrect, incorrect or incomplete information.
7. Restrictions on the use of the Website
7.1 When accessing or using the Site, the User agrees not to:
use automatic devices, software or other systems aimed at damaging the Site, cataloging the Site or any information contained therein;
use automatic devices, software or other systems aimed at interfering or trying to interfere with the site’s features and services;
use the Website Content or perform site framing activities also for the purpose of creating or compiling databases or other information collections or performing any type of competitive activity with BGates;
upload, transmit, send advertising material, messages or commercial information, spam, invitations to calls for tenders or contests, junk emails, surveys, or other unsolicited forms of solicitation;
use the Site or any content of the Site in any way that can be considered, at the discretion of BGates, not reasonable and / or contrary to the purposes for which it was made available;
violate the rights of any person, including copyright, trade secret, the right to privacy, or any other intellectual property right or other reserved right;
falsify one’s identity or perform acts aimed at obtaining money, passwords or personal information;
violate any applicable regulatory provisions;
publish, sell, market, or exploit the Site and / or its Contents in any manner unless expressly authorized by BGates;
upload or try to upload viruses, worms, codes, files or other elements that could cause damage to the Site, software, hardware and other third-party telecommunications tools.
8. Faculty of imposing restrictions on the use of the Website to Users
8.1 BGates reserves the right, at its sole discretion, to block
9. The Site
9.1 The Website offers Users the opportunity to purchase Garden Trains with related accessories.
9.2 For telephone users, a telephone support is available to provide information and explanations about the Products and the purchase procedures. Customer Service can be contacted, from 09.00 to 18.00, from Monday to Friday, at the e-mail address info@bgates.it or at the phone number +39 348 2290104.
10. Prices and Rates
10.1 PRICES
Prices shown are VAT included and may be subject to periodic changes due to the unquestionable and exclusive judgment of BGates. Shipping costs are not included in the indicated prices.
10.2 SHIPPING RATES
Shipping rates are calculated directly in the shopping cart during checkout.
10.3 VAT, DUTIES AND CUSTOMS CHARGES
In case of sale of Products for export to countries outside the EU, the indicated price will be considered excluding VAT (which the user will have to pay with the methods and with the specific rate of the country of destination, the delivery of goods), charges and customs duties. The VAT will not be charged to Business Users in the event that the destination of shipment of goods is to a foreign country. In the event that the destination of the shipment of goods is Italy, VAT will still be charged to the User.
Remember, pursuant to Art. 3.3, 4.2, 4.3 and 6 of the General Conditions of Use of the Site that in case of incorrect insertion of User data (in particular P. IVA) it will not be possible to follow the Order and that Business users who do not have VAT number (some foreign companies) before making the purchase, please contact our customer service.
11. Payments
11.1 All processes for the management of payment methods on www.bgates.it are managed in order to minimize fraud risks.
11.2 Whether the User chooses to pay with PAYPAL, or with CREDIT CARD or BANK TRANSFER, the data will always travel on secure and encrypted servers.
11.3 PAYMENT BY CREDIT CARD
For the payment by credit card a secure system with SSL certificate is used: upon confirmation of the order the credit card details will be transferred to the credit institution providing remote electronic payment services that will interface with the card manager , via secure SSL encrypted connection (Secure Socket Layer), for authorization and debit. A safe and risk-free procedure that shields the client from risks of abuse. Thanks to this system, www.bgates.it does not display in any way the credit card data of its customers.
www.bgates.it reserves the right to request additional information from the Customer or sending copies of documents that prove ownership of the card used. If the Customer does not provide such information www.bgates.it reserves the right not to accept the purchase order.
11.4 PAYMENT WITH PAYPAL
In the case of payment through the Paypal platform, all of the User’s financial data will be managed directly by PayPal and will never be shared or viewed by www.bgates.it which will only receive confirmation of the amounts credited to their Paypal account.
In case of cancellation of the order (both by the Customer and by www.bgates.it) the amount will be credited back to your PayPal account.
11.5 PAYMENT BY ADVANCED BANK TRANSFER
The bank transfer must be in the name of:
Business Gates S.r.l.
Via Giuseppe Ripamonti n. 44
20141 Milan (MI)
P.Iva and C.F. 05759280968
IBAN: IT67J0844034070000000241084
BCC di Carate Brianza – Filiale Vimercate
Intestato a Business Gates srl
In the reason for the transfer, indicate the number and date of the order, indicated in the Order confirmation e-mail. The amount of the transfer must correspond to that of the total order; otherwise the goods will not be sent.
11.6 ADDITIONAL COSTS OF PAYMENTS
The payment methods indicated above do not include any additional costs for the User
12. Intellectual Property
12.1 Content published or accessible through the Website is protected by applicable laws on copyright and industrial property. BGates is the holder and in any case legitimated to use the Website, the pages of the Site, the information or elements contained in the texts, documents, photographs, drawings, graphics, software, codes, logos, trademarks, trade names or other distinctive signs protected by rights intellectual or industrial property.
12.2 The User without prior authorization of BGates can not reproduce, modify, decode, distribute, copy and disclose the information or elements mentioned above.
13. Links, banners and third-party advertising
13.1 The Site may contain links to sites managed and owned by third parties, advertising banners that refer directly or indirectly to sites managed and owned by third parties and advertising material in general. By accessing these sites, the User acknowledges that he / she is abandoning the Site at his / her own risk, knowing that the General Conditions of Use of the Site, the applicable GFCs any instruction published from time to time on the Site, do not regulate access and browsing on such third party sites. Advertising shown on the Site does not imply endorsement or recommendation by BGates.
13.2 The Site may contain references and contacts of third-party companies that offer complementary services: all relations between the User and such subjects will be managed by the User in full autonomy and governed by specific agreements between the user and those subjects. BGates does not assume any responsibility and does not provide any guarantee for the services offered by third parties through the Website.
14. Disclaimer
14.1 BGates publishes information on its website www.bgates.it to provide a service to Users, but declines all responsibility in case of any technical inaccuracies and / or typographical errors. Once you know any errors, BGates will perform correction as soon as possible. BGates also reserves the right to make corrections and changes to the Website, if necessary, without giving prior notice.
14.2 BGates makes no representation that the information published on its Site complies with the laws of the competent jurisdiction for the User.
14.3 BGates declines all responsibility for any problems, damages, viruses or risks in which the User may incur during the use of the Website and declines any responsibility for any malfunctioning of the same, for the deactivation of „cookies“ in the browser by The User is invited to read and expressly accept the information regarding the management of Cookies.
14.4 BGates assumes no responsibility for incorrect use by third parties of the login credentials of Registered Users who remain solely responsible to BGates and third parties for the correct use of these credentials.
14.5 BGates does not guarantee continuous and uninterrupted access to the Site and its services, which may be affected by factors, including technical ones, beyond its control.
14.6 BGates assumes no responsibility for the management of payment services and any refunds that are left to third parties.
14.7 BGates declines all responsibility for any consequences deriving from the User or third parties from the inclusion in the registration phase of false, incorrect, incorrect or incomplete information.
14.8 In all cases above, (within the limits set by the Consumer Code if applicable and other applicable laws), BGates excludes any warranty, and can in no way be held responsible in the event of any economic loss, goodwill, damage to the commercial reputation, direct, indirect or consequent damages, deriving from the use of the Site and the services offered therein.
14.9 In any case, any compensation for BGates’s liability towards the Users or towards third parties is limited to the amount of € 150.00.
15. Applicable law and jurisdiction
15.1 Access to and use of the Site by the User are subject to Italian law.
15.2 In the event of a dispute concerning or arising from access and / or use of the Website by the Business User, the Court of Milan will have exclusive jurisdiction.
15.3 The Consumer User is guaranteed the rights provided for by Legislative Decree no. 206 of 2005 („Consumer Code“) as updated by Legislative Decree 21.02.2014 No. 21; in this case all disputes relating to or deriving from access and / or use of the Site by the User will be devolved to the Consumer Forum in accordance with the provisions of the Consumer Code.
16.1 BGates, creator and promoter of the activities available on the site www.bgates.it, reserves the right to use personal data, voluntarily provided by Users, in compliance with current regulations (Article 13 and subsequent Legislative Decree 196/2003 ).
16.2 Users are therefore invited to periodically visit this section to keep up with changes concerning changes to current legislation.
16.3 BGates guarantees users that the processing of personal data will be reserved for uses strictly connected and related to the provision of its services, to the facilitation of site management and order fulfillment. The data voluntarily provided by the Users will in no case be communicated or disclosed to third parties.
16.4 Personal data will be processed by BGates through the use of both paper and electronic tools, in compliance with current security regulations, for the purposes that will be specified from time to time.
16.5 BGates informs that Users may exercise the rights referred to in Article 7 of Legislative Decree 196/2003, set out below in its essential part. Users have the right to request the following information from BGates:
1. confirmation of the existence or not of personal data concerning him;
2. clear communication of data and their origin;
3. the reason and purpose of their existence and their use.
16.6 The request for the information listed above may be renewed with a minimum interval of 90 days, except for those cases where there is just cause: cancellation or modification of such data due to violation of the law; cancellation of data that can not be used for the reasons for which they were collected.
These General Conditions of Use of the Site are updated as of 12/27/2017
INFORMATION COOKIES TREATMENT
The website www.BGates.it uses cookies and similar tools to improve the performance and user experience and therefore undertakes to protect your personal information.
The website uses cookies to collect and analyze information about your browsing behavior in an anonymous and aggregate form.
Through cookies, it obtains statistical data on the use of the website, monitors sessions, stores information, allows authenticated access in some areas and allows you to share content through social networks. They are therefore used for the sole purpose of providing services and improving your browsing. Without the use of cookies, in fact, some operations would be impossible to perform.
The cookies used by the site do not allow the collection of your personal information, do not try to link your IP address to your identity and are not used to propose advertising on the basis of the pages you visited.
This information may help you to understand what information we may collect about you and how it is used.
WHAT COOKIES ARE
A cookie is a simple text file that is stored on your computer or mobile device from a website server and that only that server will be able to retrieve or read its contents. It contains some anonymous information and allows the website to remember, for example, your username and preferences, what’s on your cart, analyze the site’s performance or recommend content that we believe is most relevant to you. Following changes to the Privacy resulting from the Electronic Communications Directive, the use of cookies to collect your data is only permitted with consent. The changes made are intended to make it easier to get to know and check what information the sites keep on you
WHY COOKIES ARE USED
In some parts of our site cookies are essential for the proper functioning of the same. We are also always looking for ways to improve our website and to make it easier to know our services and our proposals. Cookies also help us to provide you with a better and richer experience, for example, for something you find interesting, you could put „Like“ on Facebook, or tweet it: cookies make this easier. You may want to know where to view our services / purchase our products and cookies help this by temporarily storing information and allowing you to see the offers. We have proceeded to classify the most commonly used cookies based on their type of use as: (essential) technical, statistical (profiling), behavioral, third-party, session and permanent.
HOW DO I CHECK THE COOKIES
The „Help“ section of your browser should be able to help you with managing your cookie settings. If you do not wish to receive cookies, you can change your browser so that the alerts on when they are sent. It is also possible to delete cookies that have already been stored at any time, using the browser settings. You can choose whether or not to accept cookies that are set by our site, on the cookie settings page. The Website manager is not responsible for the content of third-party websites that may or may not set other cookies.
THE DIFFERENT TYPES OF COOKIES
TECHNICAL (essential)
Technical cookies are cookies that are strictly necessary to allow specific features required. For example, e-commerce sites (in which the consumer has a shopping cart), do not work without the use of cookies and the functionality of the site will be conditioned, such as adding items to the cart and proceeding through the check-out. Cookies that are essential for the use of a website are exempt under the EU directive, but we want you to have complete information about it.
PROFILING OR STATISTICAL
Profiling or statistical cookies collect information on how websites are used: for example: which pages are visited and any errors that may be encountered. These cookies are completely anonymous and are used only to help improve the functioning of the sites and understand the interests of users. This site does not use cookies defined as profiling.
MONITORING OR THIRD PARTY
„Monitoring“ cookies are linked to services provided by third parties, such as ‚Like‘ and ‚Share‘ and monitor the effectiveness of advertising. The third party provides these services in exchange for information about the fact that they visited the site.
Enable the operation of Google Analytics (with anonymised IP) and help website operators to analyze information about visitors such as the use of the browser, the number of visitors and other data that help the site to improve the usability of content .
The information generated will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where this is required by law. Google will not associate the visitor’s IP address with any other data held by Google.
The information collected is accessible only from the Site manager (in aggregate and anonymous form) and from Google, which does not store, communicate or disseminate this data to third parties.
The __utma cookie is persistent. The other cookies are provisional: ten minutes (_utmt), thirty minutes (__utmb), at the end of the browsing session (__utmc) and six months (__utmz). They are not necessary cookies.
Click here for more information on Google cookies: https: //developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.
Click here for more information on the processing of personal data carried out by Google Analytics: http: //www.google.it/analytics/terms/it.html.
BEHAVIORAL
„Behavioral“ cookies are cookies used to collect data on browsing habits and preferences, making profiling and / or customization for advertising purposes, for carrying out market research or distance selling: in these cases advertising is spoken behavioral and targeted advertising. These treatments are valued very carefully by the European and Italian legislators, which have imposed very restrictive rules. In fact, the EU has decided to require internet operators to request the prior consent of the user, before they can use cookies to advertise behavioral or otherwise for purposes other than those strictly necessary to provide the service requested by the interested party. This site does not use cookies defined as behavioral.
OF SESSION AND PERMANENT COOKIES
The distinction between session cookies and permanent cookies can be made by reason of their persistence on the user’s terminal. Those that are automatically deleted at the end of each navigation, are called „session cookies“; if, on the other hand, they have a longer life, we are talking about permanent cookies. This site uses both session and permanent cookies.
This Information on the processing of Cookies Site is updated as of 12/27/2017
GENERAL CONDITIONS OF BUSINESS SALE
1. OBJECT – EFFECTIVENESS
1.1 1.1 These General Terms and Conditions of Sale (hereinafter CGV) apply to all Orders issued through the website www.bgates.it (hereinafter the „Site“) by any Business User, as defined in the General Conditions of Use of the Site (hereinafter the „Customer“) in favor of the company Business Gates srl (hereinafter referred to as „BGates“ or the „Supplier“) and regulate entirely the current and future supply relationships that exist between the Customer and the Supplier.
1.2 These GCS are published in the „Conditions of sale“ section of the Site and are considered in any case known and accepted, even if not signed, with the simple access to the Website and in any case by simply sending the Order through the appropriate functionality of the Website .
1.3 In the event that one or more clauses of these GCS are declared void, invalid, ineffective or illegitimate, in whole or in part, by the judicial authority or by an arbitration body, this will not affect the validity and effectiveness of the other clauses or the remainder of the aforementioned provision.
2. ORDERS
2.1 Each Order relating to Standard Products must be sent via the appropriate section of the Site where the Customer must specify:
– reference;
– quantity of products
2.2 The Supplier will accept Orders up to the maximum number of available pieces indicated for each reference, for the standard references present on the Site.
2.3 In no case will the Supplier be obliged to sell its Products to the Customer before having received confirmation of payment of the Online Payment Manager, or received the actual crediting of the consideration, in case of payment by bank transfer.
2.4 All Orders are irrevocable and binding and can not be canceled by the Customer.
2.5 Orders will be confirmed, and will become binding on the Supplier only following the issuance of the Order Confirmation which will take place following the actual receipt of payment, in accordance with the provisions of Art. 4.4. and 4.6.
2.6 In the event that the payment is not actually received within 5 days from the order, or is received for an incorrect amount, the same will be suspended and the goods covered by the Order will be made available for sale to other CUSTOMERS. Consequently, BGates does not guarantee to the Customer the effective availability of the ordered goods in the case of payments made after the deadline of 5 days from placing the Order.
The Customer who makes a late payment will have to wait for the actual availability of the originally ordered goods without this leading to non-compliance by BGates.
3. DELIVERIES
3.1 DELIVERIES
3.1.1 The customer can choose between shipping by courier or the collection of goods only by appointment at the BGates warehouse in Via G. Ripamonti, 44 – 20141 Milan
3.1.2 SHIPPING
Deliveries are made to the carrier within 7 days of receipt of payment. Following delivery to the carrier, the goods travel at the Customer’s risk.
3.1.2.1 The arrival times of goods depend on the transit times of shipments depending on destinations.
3.1.2.2 The terms indicated for the Delivery and for the arrival of the goods are not binding and constitute only a reference data for the parts. The Supplier will use reasonable endeavors to comply with these terms. Any dates scheduled for delivery are merely indicative and the delivery deadline is not essential. In any case, the Supplier will not be liable in any way for delays in the Delivery of Products caused by (i) force majeure events as defined in Article 10, or (ii) failure to provide adequate instructions for the Delivery of Products of the Customer or any other instruction relating to the sale of Products, (iii) delays in transit of shipments.
3.1.3 WITHDRAWAL AT THE WAREHOUSE
The Customer can collect the goods only by appointment at the BGates warehouse: Via Giuseppe Ripamonti n. 44, 20141 Milan (Mi). In this case the Delivery will take place with the provision of the goods to the Customer at the BGates Warehouse. (EXW).
3.1.3.1 The goods are made available for collection within 7 days of receipt of payment
3.1.3.2 The collection can be made following the communication of availability of the goods at the warehouse, every day from Monday to Friday by appointment only.
3.1.3.3 The Customer must collect the goods no later than 15 days from the date of sending the communication of availability of the goods in stock. Beyond this deadline, the Delivery will be deemed to have taken place with the consequences envisaged by art. 5.2.
3.1.3.4 In case of delayed collection (within and not later than 30 days from the date of sending the communication of availability of goods in stock), without prejudice to the provisions of art. 3.1.3.2, the customer can collect the goods upon payment of storage costs equal to € 0.50 per day for each day of delay beyond the end of 15 days from the date of sending the communication of availability of the goods in stock.
3.1.3.5 In case of delay in picking up the goods beyond the 30-day period from the date of sending the communication of availability of the goods in stock, without prejudice to the provisions of art. 3.1.3.2, the Customer must book a new collection by sending an email to the address info@bgates.it. In this case the availability of the goods in stock is not guaranteed and the delivery times foreseen by art. 3.1.3.1.
3.1.3.6 in the event that the withdrawal takes place by means of a carrier sent by the Customer, please note that the goods will be delivered to the carrier with an accompanying invoice, without any further documents being prepared. The preparation of any other travel documents required by the carrier is the full charge of the Customer or of the carrier who will make the withdrawal.
3.2 In any case, if the Supplier fails to deliver the Products, the Supplier’s liability will be limited to the difference between the price originally provided for the Products in the Order, and the cost incurred by the Customer to obtain the lowest price available on the market. same quantity of Substitutive Products having the same characteristics and the same quality.
3.3 Regardless of what is established in Article 3.1, the terms of Delivery will not run until the payment made by the Customer will actually be received by the Supplier.
4. PRICE-PAYMENT
4.1 The Products are invoiced by the Supplier according to the price indicated on the Website.
4.2 Prices include VAT, but do not include shipping costs (calculable by the Customer through the appropriate functionality of the Site).
4.3 The total price of the supply, including shipping costs, will be indicated in the „shopping cart“ section.
4.4 VAT, DUTIES AND CUSTOMS CHARGES
In case of sale of Products for export to countries outside the EU, the indicated price will be excluded VAT (which the user will have to pay with the modalities and with the specific rate of the country of destination, the delivery of goods), charges and customs duties. The VAT will not be charged to Business Users in the event that the destination of shipment of goods is to a foreign country. In the event that the destination of the shipment of goods is Italy, VAT will still be charged to the customer.
Remember, pursuant to Art. 4.2 and 4.3 of the General Conditions of Use of the Site that in case of incorrect insertion of User data (in particular P. IVA) it will not be possible to follow the order and that Business users who are not equipped with VAT number (some foreign companies) before making the purchase, please contact our customer service
4.5 Payments must be made using one of the methods provided:
– Credit card (Visa and Mastercard circuits)
– Paypal
– Bank transfer
4.6 The payment will be confirmed only after the actual crediting of the sums paid, for an amount corresponding to the amount of the order.
4.7 In case of payment by bank transfer, the Supplier reserves the right to cancel the ORDER in the event that the payment is not actually credited within 5 days from the date of purchase.
4.8 In the event that the payment is not actually received within 5 days from the Order, or is received for incorrect amounts, the same will be suspended and the goods covered by the Order will be made available for sale to other CUSTOMERS. Consequently, BGates does not guarantee to the Customer the effective availability of the ordered goods in the case of payments made after the deadline of 5 days from placing the Order.
The Customer who makes a late payment will have to wait for the actual availability of the originally ordered goods without this leading to non-compliance by BGates.
5. RISKS
5.1 The ownership of the Products supplied will pass to the Customer only after full payment of the price. payment is considered to be made only when the relative sum is available to the Supplier in accordance with the provisions of art. 4.6.
The Supplier shall have the right to engage and undertake all actions and legal obligations required or necessary to preserve and secure his or her title in accordance with applicable national law.
5.2 The risk on the Products is transferred to the Customer following the Delivery of the Products as defined in Article 3. From the moment of delivery, the Customer shall bear all risks of loss and damage to the Products.
5.3 The Supplier shall have the right to request payment of the price of the Products (even in judicial proceedings) regardless of the fact that the ownership of the Products has passed to the Customer.
5.4 Any advances paid by the Customer on the price of the Products will be definitively retained by the Supplier.
6. WARRANTY
6.1 The Supplier warrants that at Delivery and for a period of twelve (12) months from the Delivery date the Products will be:
6.1.1 compliant with the technical specifications on the Site;
6.1.2 free from material and processing defects;
6.2 The warranty of the Supplier on the Products is expressly excluded in case of:
6.2.1 changes or alterations made by the Customer on the Products;
6.2.2 incorrect use, irregular storage of the Products.
6.2.3 negligence or non-custody of the Products by the Customer;
6.2.4 normal deterioration / wear of the Products.
6.2.5 Complaints made using methods and deadlines that do not comply with the provisions of the following art. 7
6.3 The Customer undertakes to inform, by adequate means, its customers, suppliers or contractors / contractors of the conditions and limits relating to the conservation, deterioration / wear of the Products.
6.4 In the wider limits granted by the law, any further guarantees with respect to the provisions of these GCS are excluded.
7. CHECKS AT THE ARRIVAL OF SHIPMENT – COMPLAINTS
7.1 All Products must be examined and checked by the Customer upon receipt of the shipment, in order to evaluate the integrity of the packaging and of the Products themselves. Should damage be found in the packaging or in the Products, the Customer must immediately inform the carrier and the Supplier.
7.2 The Customer, under penalty of forfeiture, within 5 (five) working days of receipt of a complete shipment (according to the provisions of Article 7.1) must inform the Supplier in writing of any defect or discrepancy of the Products that is recognizable to a reasonable control (obvious defects and faults), without prejudice to any claims against carriers. Failing this, the shipment will be considered accepted by the Customer and the Supplier will no longer be responsible for the defects and discrepancies of the Products delivered.
7.3 In the event that the Products delivered are defective or defective due to causes not attributable to the Customer and such defects and discrepancies are not recognizable to reasonable control pursuant to Article 7.1 („hidden defects“), the Customer must inform the Supplier, under penalty of forfeiture, within three (3) working days following the discovery of the defect or non-conformity. Failing this, the Supplier will not be liable for hidden defects and faults.
7.4 In no case will the Supplier accept any complaints or be held liable for defects or discrepancies of the Products that become recognizable or are discovered after more than twelve (12) months from the date of Delivery.
7.5 In case the Customer detects a discrepancy or a defect of the Product, it will be required to activate the procedure for the return of goods provided for in the following art. 9.
7.6 It is understood that any variation found in the Products with respect to drawings, brochures, images present on websites, and advertising (which constitute a mere reference) can not be considered as a defect or discrepancy that may be relied on solely with reference to the data contained in the technical data sheets on the Website.
7.7 The Supplier will repair or replace the recognized or proven Product which is defective or not compliant within the terms necessary for the production and delivery of the Products. If the Supplier does not intend or is unable to repair or replace the Product, especially in the case of erroneous Delivery attributable to the Supplier, or if, for any reason, the repair or replacement fails, the Customer may terminate the contract or cancel the order. A Product may be considered unrepaired or replaced only after two failed attempts at repair or replacement. Any right of the Customer to compensation for damage will be subject to the terms set forth in Article 7. The Customer will keep the defective Products that have been replaced or return them to the Supplier with appropriate authorization, in good condition, as possible in the original package. The costs related to the transport of these Products as well as the transport of the Products delivered as a replacement or of the Products repaired will be charged to the Supplier.
7.8 The remedies provided for by Articles 7 and 8.2 constitute the sole and exclusive remedies available to the Customer and the sole and exclusive responsibility of the Supplier for the breach of the guarantee referred to in Article 6.1.
8. LIABILITY
8.1 The responsibility of the Supplier can not be excluded in case of:
8.1.1 fraud or gross negligence;
8.2 Without prejudice to the provisions of Articles 8.1 and 8.3, and within the limits permitted by law for Article 8.3, the Supplier’s Responsibility (arising from or connected to these GCS and to any Order, whether contractual or non-contractual by law or any other title and for any reason, and / or deriving from the violation, omitted or delayed execution of any obligation on the Supplier under the GCS or the Order and / or any defect of the Products) will be limited to the price of the Products that have given that responsibility.
8.3 Within the limits of the provisions of Article 8.1, the Supplier will not be in any way responsible towards the Customer on a contractual or non-contractual basis for any damage included, by way of example and not exhaustively:
8.3.1 costs incurred by the Customer to obtain replacement Products;
8.3.2 loss of profit;
8.3.3 impairment of goodwill;
8.3.4 damage to reputation;
8.3.5 third party claims against the customer or other compensation or sums paid by the customer in favor of his customers;
8.3.6 indirect or consequential damages, however caused or deriving from liability pursuant to Article 8.2;
8.3.7. damage from liability for defective Product, required by consumers, final purchasers. In this case, the Customer will be solely responsible for compliance with current regulations and the marketing of the Finished Products purchased or of the Finished Products that incorporate Products object of purchase.
8.4 The Client agrees to hold harmless and to keep the Supplier harmless from and against all costs, expenses, indemnity, direct, indirect and consequential damages, all of which include emergent damage, loss of profits, impairment of goodwill, damages, claims , questions, legal and procedural costs and convictions in which the Supplier should incur as a result of direct or indirect violations of these GCS.
9. RETURN GOODS
9.1 To be able to return goods, it is necessary to request an authorization by sending the return request from the page of your account within 5 (five) working days of receipt of a complete shipment (according to the provisions of Article 7.1), in case of „Obvious defects“, or within three (3) business days following the discovery of the defect or non-compliance („hidden defects“):
9.2 Alternatively, it is possible to send the request, always within 5 (five) working days of receipt of a complete shipment (according to the provisions of Article 7.1), in the case of „obvious defects“, or within three (3) days working following the discovery of the defect or non-conformity („hidden defects“), directly by e-mail to the address info@bgates.it indicating the Order number (provided in the Order confirmation e-mail), name and surname used to carry out the Order.
9.3 Upon receipt of the return request, a written confirmation will be sent to the Customer, containing the Return Authorization Number (R.A.N.). The return must be made by courier using the waybill attached to the email, in addition must be indicated the Return Authorization Number (R.A.N.) on the outside of the box.
9.4 In the return mode for defective goods or exchange of goods of equivalent or greater value, the return shipping will be FREE (initially charged to the customer, it will then be reimbursed).
9.5 In the return modality made for non-defective exchange of goods and of a lower value than the one purchased, if foreseen, the shipment of returned goods will be charged to the Customer.
9.6 The return of the items must be received at the BGates warehouse in Via G. Ripamonti, 44 20141 Milan, within 10 days of receipt of R.A.N.
10. FORCE MAJEURE
10.1 In any hypothesis integrating the unforeseeable event or force majeure, the Supplier will have the right to cancel the Order, suspend its execution or postpone the Delivery date, without the Customer being able to claim any compensation, cancel the Order or entrust the execution of the Order to third parties.
In particular, it refers to force majeure events or to all similar events that are all events beyond the control and unrelated to the Supplier’s will, objectively preventing them from delivering the goods.
By way of example and not mandatory they are considered force majeure: technical failures, suspension of electricity supply, water, natural gas or other fuels, strikes, at production facilities – even third parties – where the products are actually made , sudden shortages and unavailability of raw materials. Also: strikes in transport, delays in the arrival of ships, airplanes and means of transport of any kind, to any due cause; riots, turmoil wars or revolutions, occurring or in progress in the countries of production of goods subject to order or in the countries that pass through them from the place of production to reach the place of Delivery.
10.2 Following the occurrence of an event integrating the hypothesis of fortuitous event or force majeure, the Supplier will promptly inform the Customer and will try to find a solution by consulting the Customer.
In the event that the event of force majeure makes the execution of the order impossible or commercially and economically disadvantageous for a period of more than 6 (six) months, the Supplier will have the right to terminate the contract, without anything being due to any title to the Customer.
11.RISERVATEZZA
11.1 The Customer undertakes, for the entire duration of his / her collaboration with the Supplier and in any case for a period of 5 (five) years from the date of delivery of the last supply, to keep strictly confidential any information supplied verbally , in writing or otherwise, which you have come to know during the negotiation and execution of Product Orders.
11.2 The obligation of confidentiality does not extend to information in the public domain or become such for reasons other than the breach of the obligations of confidentiality by the Customer, which have been legitimately disclosed by third parties, and to the extent that the Customer is required to disclose them by virtue of a provision of law or an administrative or judicial order.
12. TREATMENT OF PERSONAL DATA
Please refer to the terms and conditions of use of the Website.
13. APPLICABLE LAW – JURISDICTION
14.1 The GCS and the contracts stipulated under the GCS will be regulated and interpreted pursuant to Italian law.
14.2 The parties agree that any dispute arising out of or connected to a contract concluded pursuant to these GCS (including, without limitation, disputes relating to non-contractual liability) will be referred to the exclusive jurisdiction of the Court of Milan.
These General Conditions of Sale are updated as of 12/27/2017
GENERAL CONDITIONS OF SALE CONSUMER
1. OBJECT – EFFECTIVENESS
1.1 These General Terms and Conditions of Sale (hereinafter CGV) apply to all Orders issued through the website www.bgates.it (hereinafter the „Site“) by any Consumer User, as defined in the General Conditions of Use of the Website (hereinafter the „Customer“) in favor of the company Business Gates srl (hereinafter referred to as „BGates“ or the „Supplier“) and regulate entirely the existing and future supply relationships that exist between the Customer and the Supplier.
1.2 These GCS are published in the „Conditions of sale“ section of the Website in favor of the consumer for reproduction and storage pursuant to article 12 of Legislative Decree 70/2003 and are considered in any case known and accepted, even if not signed , with the simple access to the Site and in any case with the simple sending of the Order through the appropriate functionality of the Site.
1.3 In the event that one or more clauses of these GCS are declared void, invalid, ineffective or illegitimate, in whole or in part, by the judicial authority or by an arbitration body, this will not affect the validity and effectiveness of the other clauses or the remainder of the aforementioned provision.
2. ORDERS
2.1 Each Order relating to Standard Products must be sent via the appropriate section of the Site where the Customer must specify:
– reference;
– quantity of products
2.2 The Supplier will accept Orders up to the maximum number of available pieces indicated for each reference, for the standard references present on the Site.
2.3 In no case will the Supplier be obliged to sell its Products to the Customer before having received confirmation of payment of the Online Payment Manager, or received the actual crediting of the consideration, in case of payment by bank transfer.
2.4 All Orders are irrevocable and binding and can not be canceled by the Customer.
2.5 Orders will be confirmed, and will become binding on the Supplier only following the issuance of the Order Confirmation which will take place following the actual receipt of payment, in accordance with the provisions of Art. 4.4. and 4.6. CUSTOMERS are informed that once the click on the „ORDER EFFECT“ button is sent, a binding Purchase Order is sent that obliges the User to pay for the goods present in the „cart“.
2.6 In the event that payment is not actually received within 5 days from placing the Order, or is received for an incorrect amount, the same will be suspended and the goods covered by the Order will be made available for sale to other CUSTOMERS. Consequently, BGates does not guarantee to the Customer the effective availability of the ordered goods in the case of payments made after the deadline of 5 days from placing the Order.
The Customer who makes a late payment will have to wait for the actual availability of the originally ordered goods without this leading to non-compliance by BGates.
3. RIGHT OF WITHDRAWAL
3.1 Under Article 52 of the Legislative Decree 06.09.2005 No. 206 (Consumer Code) and subsequent amendments, the consumer Customer may exercise the right of withdrawal.
3.2 The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract, without any penalty and without specifying the reason, within the deadline of 14 working days from the day of receipt of the Products. The right of withdrawal must be exercised through the activation of the RETO procedure referred to in art. 10, within the period referred to in art. 3.2.
3.3 the Customer must send the Products to BGates S.r.l., Via Giuseppe Ripamonti n. 44, 20141 Milan (MI) – Italy within 14 days from the date of activation of the RETURN procedure.
3.4 All costs of returning the Products are charged to the Customer.
3.5 All items must be received in the same conditions of receipt, provided with the original packaging and any manuals and / or instruction booklets that are part of the packaging and the original packaging; the return of the goods by another method is not permitted.
3.6 BGates will accept the returned goods reserving the right to verify that the Products have been returned in their original state and with the original packaging, that they have not been used, allowing only the handling of the same in order to establish the nature, characteristics and functioning ; only in this case will it send the amount paid by the consumer for the purchase of the Products.
3.7 By activating the RESO procedure, the Customer will be reimbursed, after BGates has checked the integrity of the returned goods.
4. DELIVERIES
4.1 DELIVERIES
4.1.1 The Customer may choose between delivery by courier or collection of goods at the BGates warehouse.
4.1.2 SHIPPING
Deliveries are made to the carrier within 7 days of receipt of payment. Following delivery to the carrier, the goods travel at the Customer’s risk.
4.1.2.1 The arrival times of the goods depend on the transit times of the shipments depending on the destinations.
4.1.2.2 The terms indicated for the Delivery and for the arrival of the goods are not binding and constitute only a reference data for the parts. The Supplier will use reasonable endeavors to comply with these terms. Any dates scheduled for delivery are merely indicative and the delivery deadline is not essential. In any case, the Supplier will not be liable in any way for delays in the Delivery of Products caused by (i) force majeure events as defined in Article 10, or (ii) failure to provide adequate instructions for the Delivery of Products of the Customer or any other instruction relating to the sale of the Products, (iii) delays of its own or Customer subcontractors, involved in the manufacturing process of the Products, (iiii) production difficulties in the case of Custom Products for the Customer that have particular production characteristics.
4.2 In any case, if the Supplier fails to deliver the Products, the Supplier’s liability will be limited to the difference between the price originally set for the Products in the Order, and the cost incurred by the Customer to obtain the lowest price available on the market. same quantity of Substitutive Products having the same characteristics and the same quality.
4.3 Irrespective of what is established in Article 4.1, the terms of delivery will not run until the payment made by the Customer will actually be received by the Supplier.
4.1.3 WITHDRAWAL AT THE WAREHOUSE
The Customer can collect the goods at the BGates warehouse: via Giuseppe Ripamonti 44, 20141 Milano (Mi). In this case the Delivery will take place with the provision of the goods to the Customer at the BGates Warehouse. (EXW).
4.1.3.1 The goods are made available for collection within 7 days of receipt of payment.
4.1.3.2 The collection can be made following the communication of the availability of the goods at the warehouse, every day from Monday to Friday from 3 to 6 pm. Any slips necessary to the courier for collection will be charged to the customer. The warehouse will issue only the accompanying invoice.
4.1.3.3 The Customer must collect the goods no later than 15 days from the date of sending the communication of availability of the goods in stock. Beyond this deadline, the Delivery will be deemed to have taken place with the consequences envisaged by art. 6.2.
4.1.3.4 In case of delay in the collection (within and not later than 30 days from the date of sending the communication of availability of goods in stock), without prejudice to the provisions of art. 4.1.3.2, the customer can collect the goods upon payment of storage costs equal to € 0.50 per day for each day of delay beyond the term of 15 days from the date of sending the notice of availability of the goods in stock.
4.1.3.5 In case of delay in picking up the goods after the deadline of 30 days from the date of sending the communication of availability of the goods in stock, without prejudice to the provisions of art. 4.1.3.2, the Customer must book a new collection by sending an email to the address info@bgates.it. In this case the availability of the goods in stock is not guaranteed and the delivery times foreseen by art. 4.1.3.1.
4.2 In any case, if the Supplier fails to deliver the Products, the Supplier’s liability will be limited to the difference between the price originally set for the Products in the Order, and the cost incurred by the Customer to obtain the lowest price available on the market. same quantity of Substitutive Products having the same characteristics and the same quality.
4.3 Irrespective of what is established in Article 4.1, the terms of delivery will not run until the payment made by the Customer will actually be received by the Supplier.
5. PRICE-PAYMENT
5.1 The Products are invoiced by the Supplier according to the price indicated on the Website.
5.2 The prices do not include the costs of preparation and packaging of goods, shipping costs (which can be calculated by the Customer through the appropriate functionality of the Website) and VAT
5.3 The total price of the supply, including shipping costs and the costs of preparation and packaging of the goods, will be indicated in the „shopping cart“ section, before the customer proceeds to purchase.
5.4 VAT, DUTIES AND CUSTOMS CHARGES In case of sale of Products for export to countries outside the EU, the indicated price will be excluded VAT (which the user will have to pay with the modalities and with the proper rate of the country of destination, to the Delivery of goods) and excluding any customs duties and / or customs charges of the country in which the Products will be shipped. In the event that the destination of the shipment of goods is Italy, VAT will still be charged to the customer.
Remember, pursuant to Art. 4.2 and 4.3 of the General Conditions of Use of the Site that in case of incorrect insertion of User data (in particular P. IVA) it will not be possible to follow the order and that Business users who do not have VAT number (some foreign companies) before making the purchase, please contact our customer service.
5.5 Payments must be made using one of the methods provided:
– Credit card (Visa and Mastercard circuits)
– Paypal
– Bank transfer
The payment methods indicated above do not include any additional costs for the User
5.6 The payment will be confirmed only after the actual crediting of the sums paid, for an amount corresponding to the amount of the order.
5.7 In case of payment by bank transfer, the Supplier reserves the right to cancel the ORDER in the event that the payment is not actually credited within 5 days from the date of purchase.
5.8 In the event that payment is not actually received within 5 days from placing the Order, or is received for incorrect amounts, the same will be suspended and the goods covered by the Order will be made available for sale to other CUSTOMERS. Consequently, BGates does not guarantee to the Customer the effective availability of the ordered goods in the case of payments made after the deadline of 5 days from placing the Order.
The Customer who makes a late payment will have to wait for the actual availability of the originally ordered goods without this leading to non-compliance by BGates.
6. RISKS
6.1 The ownership of the Products supplied will pass to the Customer only after full payment of the price. Payment is considered made only when the relative sum is available for the Supplier according to the provisions of the preceding art. 5.7.
The Supplier shall have the right to engage and undertake all actions and legal obligations required or necessary to preserve and secure his or her title in accordance with applicable national law.
6.2 The risk on the Products is transferred to the Customer following the Delivery of Products as defined in Article 4. From the moment of delivery, the Customer shall bear all the risks of loss and damage to the Products.
6.3 The Supplier shall have the right to request payment of the price of the Products (even in judicial proceedings) regardless of the fact that the ownership of the Products has passed to the Customer.
6.4 Any advances paid by the Customer on the price of the Products will be definitively retained by the Supplier
7. WARRANTY
7.1 The Supplier warrants that at Delivery and for a period of twenty-four (24) months from the Delivery date the Products will be:
7.1.1 compliant with the technical specifications on the Site;
7.1.2 free from material and processing defects;
7.2 The warranty of the Supplier on the Products is expressly excluded in case of:
7.2.1 changes or alterations made by the Customer on the Products;
7.2.2 incorrect use, irregular storage of the Products.
7.2.3 negligence or non-custody of the Products by the Customer;
7.2.4 normal deterioration / wear of the Products.
7.2.5 Complaints made using methods and deadlines that do not comply with the provisions of the following art. 8
7.3 The Customer undertakes to inform, by adequate means, its customers, suppliers or contractors / contractors of the conditions and limits relating to the conservation, deterioration / wear of the Products.
7.4 In the wider limits granted by the law, any further guarantees with respect to the provisions of these GCS are excluded.
8. CHECKS AT THE ARRIVAL OF SHIPMENT – COMPLAINTS
8.1 All Products must be examined and checked by the Customer upon receipt of the shipment, in order to evaluate the integrity of the packaging and of the Products themselves. In case any damage is detected in the packaging or in the Products, the Customer must immediately inform the carrier and the Supplier.
8.2 The Customer, under penalty of forfeiture, within 14 (fourteen) working days of receipt of a complete shipment (according to the provisions of Article 8.1) must inform the Supplier in writing of any defect or discrepancy of the Products that is recognizable to a reasonable control (obvious defects and faults), without prejudice to any claims against carriers. Failing this, the shipment will be considered accepted by the Customer and the Supplier will no longer be responsible for the defects and discrepancies of the Products delivered.
8.3 In the event that the Products delivered are non-compliant or defective for reasons not attributable to the Customer and such defects and discrepancies are not recognizable to reasonable control pursuant to Article 8.1 („hidden defects“), the Customer must inform the Supplier, under penalty of forfeiture, within three (3) working days following the discovery of the defect or non-conformity. Failing this, the Supplier will not be liable for hidden defects and faults.
8.4 In no case will the Supplier accept any complaints or be held liable for defects or non-conformity of the Products which become recognizable or are discovered more than twenty-four (24) months after the date of Delivery.
8.5 If the Customer detects any discrepancy or defect of the Product, he / she will be required to activate the procedure for the RETURN of goods provided for in the following art. 10.
8.6 It is understood that any variation found in the Products with respect to drawings, brochures, images present on websites, and advertising (which constitute a mere reference) can not be considered as a defect or discrepancy that may be relied on solely with reference to the data contained in the technical data sheets on the Website.
8.7 The Supplier will repair or replace the recognized or proven Product which is defective or not compliant within the terms necessary for the production and delivery of the Products. If the Supplier does not intend or is unable to repair or replace the Product, especially in the case of erroneous Delivery attributable to the Supplier, or if, for any reason, the repair or replacement fails, the Customer may terminate the contract or cancel the order. A Product may be considered unrepaired or replaced only after two failed attempts at repair or replacement. Any right of the Customer to compensation for damage will be subject to the terms set forth in Article 7. The Customer will keep the defective Products that have been replaced or return them to the Supplier with appropriate authorization, in good condition, as possible in the original package. The costs related to the transport of these Products as well as the transport of the Products delivered as a replacement or of the Products repaired will be charged to the Supplier.
8.8 The customer can alternatively exercise the withdrawal provided for by art. 3 in accordance with the Consumer Code within 14 days of Delivery of Products.
8.9 The remedies provided for by Articles 8 and 9.2 constitute the sole and exclusive remedies available to the Customer and the sole and exclusive responsibility of the Supplier for the breach of the guarantee referred to in Article 7.1.
9. LIABILITY
9.1 The responsibility of the Supplier can not be excluded in case of:
9.1.1 intent or gross negligence;
9.2 Without prejudice to the provisions of Articles 9.1 and 9.3, and within the limits permitted by law for Article 9.3, the Supplier’s Responsibility (arising from or connected to these GCS and to any Order, whether contractual or non-contractual by law or any other title and for any reason, E / o deriving from the violation, omitted or delayed execution of any obligation to be paid by the Supplier according to the GCS or order and / or any defect of the Products) will be limited to the price of the Products that have given that responsibility.
9.3 Within the limits of the provisions of Article 8.1, the Supplier will not be in any way responsible towards the Customer on a contractual or extra-contractual basis for any damage included, by way of example and not exhaustively:
9.3.1 costs incurred by the Customer to obtain replacement Products;
9.3.2 ceasing profit;
9.3.3 write-down of goodwill;
9.3.4 damage to reputation;
9.3.5 third party claims against the customer or other compensation or sums paid by the customer in favor of his customers;
9.3.6 Indirect or consequential damages, in any case caused or deriving from liability pursuant to Article 9.2;
9.3.7. damage from liability for defective Product, required by consumers, final purchasers. In this case, the Customer will be solely responsible for compliance with current regulations and the marketing of the Finished Products purchased or of the Finished Products that incorporate Products object of purchase.
9.4 The Client agrees to indemnify and hold the Supplier harmless from and against all costs, expenses, indemnity, direct, indirect and consequential damages, all of which include emergent damage, loss of profits, impairment of goodwill, damages, claims , questions, legal and procedural costs and convictions in which the Supplier should incur as a result of direct or indirect violations of these GCS.
10. RETURN GOODS
10.1 To be able to return goods you must request an authorization by sending an email to info@bgates.it
10.2 Alternatively, it is possible to send the request, always within 14 (fourteen) working days of receipt of a complete shipment (according to the provisions of article 8.1), in the case of „obvious defects“, or within three (3) days working following the discovery of the defect or non-compliance („hidden defects“), directly by e-mail to the address info@bgates.it indicating the Order number (provided in the Order confirmation e-mail), name and surname used to carry out the Order.
10.3 Once the return request has been received, a written confirmation will be sent to the Customer, containing the Return Authorization Number (R.A.N.). The return must be made by courier using the waybill attached to the email, in addition must be indicated the Return Authorization Number (R.A.N.) on the outside of the box.
10.4 In the return mode made for defective goods or exchange of goods of equivalent or greater value, the return shipment will be FREE (initially charged to the customer, it will then be reimbursed).
10.5 In the return mode made for non-defective goods exchange and with a lower value than the one purchased or for WITHDRAWAL ex art. 52 ss of the Legislative Decree 06.09.2005 n ° 206 (Consumer Code), the return shipment will be charged to the customer.
10.6 The return of the items must take place at BGates S.r.l .: Via Giuseppe Ripamonti n. 44, 20141 Milan (MI) – Italy within 14 days of receipt of R.A.N.
11. FORCE MAJEURE
11.1 In any case integral to the unforeseeable event or force majeure, the Supplier will have the right to cancel the Order, suspend its execution or postpone the delivery date, without the Customer being able to claim any compensation, cancel the order or entrust the execution of the Order to third parties.
In particular, it refers to force majeure events or to all similar events that are all events beyond the control and unrelated to the Supplier’s will, objectively preventing them from delivering the goods.
By way of example and not mandatory they are considered force majeure: technical failures, suspension of electricity supply, water, natural gas or other fuels, strikes, at production facilities – even third parties – where the products are actually made , sudden shortages and unavailability of raw materials. Also: strikes in transport, delays in the arrival of ships, airplanes and means of transport of any kind, to any due cause; riots, turmoil wars or revolutions, occurring or in progress in the countries of production of goods subject to order or in the countries that pass through them from the place of production to reach the place of Delivery.
11.2 Following the occurrence of an event integrating the case of fortuitous event or force majeure, the Supplier will promptly inform the Customer and will try to find a solution by consulting the Customer.
In the event that the event of force majeure makes the execution of the order impossible or commercially and economically disadvantageous for a period of more than 6 (six) months, the Supplier will have the right to terminate the contract, without anything being due to any title to the Customer.
12. CONFIDENTIALITY
12.1 The Customer undertakes, for the entire duration of his / her collaboration with the Supplier and in any case for a period of 5 (five) years from the date of delivery of the last supply, to keep strictly confidential the information of any kind supplied verbally , in writing or otherwise, which you have come to know during the negotiation and execution of Product Orders.
12.2 The obligation of confidentiality does not extend to information in the public domain or become such for reasons other than the breach of the obligations of confidentiality by the Customer, which have been legitimately disclosed by third parties, and to the extent that the Customer is required to disclose them by virtue of a provision of law or an administrative or judicial order.
13. TREATMENT OF PERSONAL DATA
Please refer to the provisions of the General Conditions of Use of the Site.
14. APPLICABLE LAW – JURISDICTION
15.1 The GCS and the contracts stipulated under the GCS will be regulated and interpreted pursuant to Italian law
15.2 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated through the Site is subject to the jurisdiction of the Court in whose district has its domicile the consumer, the correct legislation in force.
These General Conditions of Sale are updated as of 12/27/2017
Copyright
Bgates.it is a registered trademark. Photos, texts, descriptions and everything on the site are the property of Business Gates srl
The integral or partial reproduction of any part of the site is forbidden; it is also forbidden the reproduction of texts and or photos for any use and in any form and in any case without prior written authorization of the www.bgates.it.
The website www.bgates.it is owned by the Business Gates srl Company, VAT number
IT05759280968
with registered office in Via Ripamonti, Milan, Italy.
For any information or complaint, you can contact us