Break Shop srl located in Montoro (AV), Via Parrelle 95, is a retailer company whose aim is the sale, through web, of the products published on www.breakshop.net
- The term "Consumer" means the purchaser of the "products", meaning the person who makes a purchase for purposes not related to business or professional activity is or is not registered with the site (Guest user).
- The term "Professional" means the person or entity that makes the purchase for purposes related to the commercial or professional activity is or is not registered with the site (Guest user).
- The term "products" means all products and / or goods and / or services marketed by Break Shop Srl through breakshop.net and belonging to its assortment.
- The term "portal" is the set of Web pages accessible typing the url: www.breakshop.net.
- The term "Purchase Order" means the manifest will of the consumer / professional purchasing the product.
- The term "Purchase Product" means the purchase order with delivery of the Products in the days after the order is issued by the Consumer / Professional to Break Shop Srl.
The term "Delivery Product" means the purchase order with the delivery of the products at the address indicated by the Consumer / Professional at the time of registration or confirmation "order", subject to possible control.
2. SCOPE - EFFECTS
General terms are an integral part of any proposal, order confirmation or purchase of products sold by Break Shop Srl, effective on the date of the order.
General Terms involve the sale to a consumer and / or Professional, as specified above.
3. THE CONTRACT
All contracts are concluded exclusively with access to the web portal by the consumer and / or the Professional. The access may be done through a registration or releasing all required data, using the technology of distance communication through the Internet or through other communication tools made available by Break Shop Srl
All purchase orders transmitted to Break Shop Srl They must be accurately completed in their entirety and must contain the elements necessary for the exact identification of products ordered, the Consumer / Professional, and the place of delivery of the Products.
The purchase order sent to Break Shop Srl through the portal serves as contractual proposal from the Consumer and / or Professional, manifested online.
Once the purchase order is sent, Break Shop Srl sends a "SUMMARY ORDER" mail to the consumer / professional. This email does not constitute acceptance of the order.
Only the subsequent "shipping notification" by Break Shop Srl, transmitted to the consumer and / or Professional to the email address specified, confirms the data of the order and is a valid acceptance of contract proposal.
The contract is concluded and binding for both parties, at a time when the shipping notification is sent to the consumer and / or Professional.
Break Shop srl reserves the right not to accept orders incomplete or not properly completed and reserves in this case to carry out the necessary checks.
The online sales system of breakshop.net is fully computerized and automated that's why it is possible that errors may occur in the affixation of prices and product discounts. In this case Break Shop srl will communicate to the consumer / professional before shipping notification, in order to allow any cancellation / change.
4. TIME AND METHOD OF DELIVERY
The Break Shop srl delivers to the consumer and/or the Professional products, selected and ordered in the manner referred to in the previous article, by courier and/or forwarding agents or through Pick up Points.
Items are delivered, for the purchase of products, to the address given by the Consumer / Professional on the registration form to the portal, in the manner indicated in the same order form, except for the manual selection of addresses made through systems payment. We do not accept shipments to PO Boxes. Shipments can be performed in Italy and abroad.
Items are usually delivered within 24/48h (72 / 96h Islands and uncomfortable place) to be calculated from the date of shipment. Delivery times only depend on the place of destination and the courier who manage the shipment. If payment is done and Break Shop Srl has sent the "Shipping notification", items will be delivered within 30 days from the day after the transmission of the order, in line with what expose in the section "Time and costs of shipping".
In the case of purchase of the Products by the Consumer / Professional, personal data and the delivery address can be inspected by the Break Shop Srl, without notice.
Delivery cost is at charge of the Consumer / Professional, and will be indicated from time to time during the purchase process.
The delivery of the Products follows its payment by the Consumer and / or Professional, except the only case of the choice of payment in cash.
Payment may be done choosing one of the available method.
Conditions and terms of delivery different from those listed in the General Conditions must be agreed between the consumer and/or Professional and Break Shop Srl who must accept in writing.
The carrier is responsible for the delivery. Break Shop srl has the task to take note of any failure or delay in delivery of products reported through the Customer service and, where appropriate, to assist the consumer / Professional to protect their rights as per law. All responsibility are at charge of the Customer if he has directly chosen the courier
The tax documentation (invoice and / or delivery notes) is released from Break Shop Srl upon delivery of the products, and / or made available in the reserved section of the Area of Consumer / Professional.
To comply with administrative and bureaucratic tasks, during communication of personal data consumer and / or Professional is required to enter the phone number of mandatory, in order to be contactable if necessary. Break Shop srl reserves the right to refuse the purchase proposal (order) sent, by way of example in the following cases: provision of personal data is not real; Previous failure of any kind against the Break Shop Srl, insolvency proceedings, the lack of availability of products - for any reason - in the warehouses and in any other case incompatible with the economic interests and policies.
All sales prices of the products reported on the Portal are expressed in Euro.
Unless otherwise indicated, the prices of the Products include VAT and all other taxes.
The prices of individual products, each time indicated in the portal, cancel and replace the previous ones.
The prices charged are those shown on the Portal at the time of the purchase by the Consumer / Professional.
6. FEATURES AND AVAILABILITY OF PRODUCTS
The Products are not provided in trial. The Consumer and / or Professional is responsible for the choosing of the products ordered and their responsiveness to their needs.
In case of unavailability of one or more products, Break Shop Srl shall deliver the remaining articles ordered by the Consumer and / or Professional; in this case, the partial delivery of the ordered products is valid and does not give the consumer and / or Professional right to refuse the delivery nor to any compensation or indemnity.
Any amounts paid for the products not in stock will be redeemed and / or switched at the request of the consumer / professional in vouchers.
7. RESPONSABILITY OF BREAK SHOP S.r.l.
Break Shop srl assumes no liability if not able to execute the contract on time for disruptions caused by majeure force of any nature and kind. May be considered reason major force, by way of example, the provisions of the Public Authority, the strike of Break Shop's employees or of related company, and any other circumstance that is beyond the control of Break Shop S.r.l.
8. OBLIGATIONS OF CONSUMER AND PROFESSIONAL
The Consumer and / or Professional agrees, once the online process, to handle the press and the conservation of these General Conditions.
The information contained in the General Conditions must be examined and accepted before sending the purchase order. Acceptance is by marking the proper space on the portal. Failing that, the order can not be executed.
In case of absence of the Consumer or the Professional, for two times in a row, at the place and time of delivery of the product, Break Shop Srl reserves the right to request reimbursement of expenses incurred in resending the packet.
9. RIGHT OF WITHDRAWAL CONSUMER
Under current regulations to protect consumers, only and exclusively the consumer who, for whatever reason is not satisfied with the purchase, has the right to terminate the contract and return the ordered goods, even if already been delivered, without any penalty and without specifying the reason.
The right of withdrawal may be exercised by the consumer, under penalty of forfeiture, within fourteen days of receipt of goods.
Procedure of withdrawal
The right of withdrawal is exercised by sending, within the above terms, a written communication to Break Shop Srl , at the following address via Parrelle, 95 - 83025 Montoro (AV). The communication may be sent by registered letter with acknowledgment of receipt, via PEC at firstname.lastname@example.org or at the fax number 081.944511, it must contain an explicit declaration of intent to exercise the right of withdrawal, indicating all requested data:
The consumer may use, compile, and also send a letter of withdrawal "type" available here.
After communicating the will to return the goods, the consumer will have to agree with the Break Shop srl about the withdrawal of items, that Break Shop srl will collect, through their own trusted courier service, within thirty days.
Time of refund
Once Break Shop received the product, it will be examined to assess any damages not caused by transport. If, after the examination of the product, it shows a decrease in the value due to misuse by the Consumer,Break Shop srl may debit the amount to Consumer or keep the value if refund of the Order price has not yet been done.
Except as previously stated and as provided in the following paragraph,Break Shop srl will refund the Consumer the full amount already paid for the purchase of goods, excluding, in case of withdrawal by courier appointed by Break Shop srl the amount of the return costs, without undue delay and within 14 days from the day of the receipt of the notice of withdrawal by the consumer.
Break Shop srl also may withhold the refund until he has received the goods back, or the consumer has supplied evidence of having sent back the goods, depending on which situation occurs first.
Conditions of withdrawal
In order to profess the right of withdrawal, the consumer must put products inside the package as well as received by Break Shop srl under the following conditions:
Break Shop S.r.l will never refund:
10. COUPON AND GIFT CERTIFICATES
Break Shop srl reserves the right to give its customers "coupons" and "discount vouchers" that can be used for purchases on breakshop.net.
Coupons and discount vouchers are valid for the period and for the products indicated; they are not refundable in case of return and not cumulative, they may be used only once.
For obtain the discount, just enter the coupon code before purchasing. In case of failure to enter the code you will not get the discount.
The Consumer and/or Professional can pay goods choosing one of the method available at the moment of order.
12. PRODUCT WARRANTIES
Break Shop srl warrants that the products delivered are those presented on the portal, the integrity of the packaging material of the products upon delivery, as well as the right of withdrawal of the consumer.
Defects and faults must be reported by the Consumer / Professional, subject to revocation, no later than 48 hours from the discovery; the Consumer / Professional has the right to request and obtain the withdrawal and the replacement of the packages that are damaged upon delivery and / or non-compliant labeling. There is no right of compensation, for Consumer / Professional, for any damage caused by a defective product.
Break Shop srl will be liable for any lack of conformity that may arise within a period of twenty four (24) months after delivery of the products. The consumer will loose his right if he will not denounce the lack of conformity to the seller within a period of two months from the date on which he discovered the same.
This guarantee will be equal to 12 months in case the purchase was carried out by a professional.
In the case of purchase of USED products, guarantee for the consumer and for the Professional will have a term of 12 months. To use the warranty, the Consumer / Professional has to save a document suitable to prove the purchase (ed. Invoice, transport document).
In case of faults and defects of the goods, the user, consumer or professional, have to fill out a form in which to pinpoint defects and flaws.
The costs for the return and replacement / repair of the product in this case are the responsibility of Break Shop Srl who will, where possible, repair or replace the product.
13. EXCLUSION OF WARRANTIES
Warranty will not cover all parts that may be defective because of: negligence or carelessness by the user, not following the instructions for use provided with the product, incorrect installation and / or maintenance, maintenance carried out by staff unauthorized, shipping damage, or circumstances which still can not be traced to manufacturing defects of the products.
If guarantee can not be relied, Break Shop will send, where required, the estimate cost for the repair of the products including prices, terms and conditions of the intervention.
Any dispute regarding the application, execution, interpretation and violation of the on line contract by the consumer with Break Shop Srl, is subject to Italian jurisdiction.
Any dispute between the parties on the matter is settled by the court of the place of residence or domicile of the consumer, if located in Italian territory.
If the domicile of the Consumer or his residence is not within the Italian territory, the jurisdiction is that of execution of the contract.
Any dispute regarding the application, execution, interpretation and violation of the on line contract from Professional with Break Shop Srl, is subject to Italian jurisdiction and the court hole of Nocera Inferiore.
15. APPLICABLE LAW AND REFERENCE
The contracts drawn up with Break Shop Srl on the website, are governed by Italian law.
Although not expressly provided, will be considered the rules of law appliable to relationships and cases provided in the contract drawn up by consumer and / Professional with Break Shop Srl.