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Terms of sale and return policies

Offered to the private and public sectors under Art. 1336 C.C.

The goods/services subject to these general terms and conditions ( GTC) are offered for sale by the Company BINI SAS Via Castelbarco, 60 – 23898 Imbersago (LC) info@binisas.com Tel: +39 039 9920550, hereinafter referred to as “Supplier”, certified e-mail address (PEC): binisas@pec.it

1. Definitions

1.1. The term “electronic commerce contract” means a contract concerning goods and services entered into between the Supplier (i.e., operator of the e-commerce site) and a customer or consumer within the framework of a system of distance sales or provision of services (i.e., without the simultaneous presence of the parties involved), organized by the Supplier, which for such a contract employs exclusively one or more telematic communication techniques;
1.2. “Purchaser” means the customer (VAT taxable person) or consumer, natural person or legal entity, who makes the purchase for purposes that are not related or referable to any commercial or professional activity carried out.
1.3 The term “Supplier (i.e., e-commerce site operator)” means the person named in the epigraph who sells the goods or provides the services.

2. Subject of the Contract

2.1. By this electronic commerce contract, the Supplier sells and the Buyer purchases at a distance through telematic means the tangible movable goods or services that are listed and offered at www.binisas.com. (also accessible from www.binisas.com – “access the site”).
2.2. The said goods/services referred to in the above point are divided into the various commodity categories, depicted and made visible on the site, accurately and corresponding to the characteristics actually possessed. However, the Supplier cannot guarantee the exact correspondence to reality in relation to the images and colors as they appear on the customer’s monitor. In case of any difference between the picture and the written product sheet, the product sheet description always prevails.

3. The various technical steps to be followed to conclude the contract

3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet. The Buyer once logged in at www.binisas.com shall follow the procedures set forth within the site itself in order to formalize its acceptance for the purchase of the goods/services referred to in Article 2 above.
3.2. Every order placed on www.binisas.com implies the conclusion of a contract of purchase and sale in the Italian language.
3.3. The Buyer has the option of buying one or more products/services, selecting them one at a time and adding them to the cart, after indicating the desired quantity and possible printing to personalize the item. By clicking on the “Buy” button, the customer displays the order summary and selects the payment method. By clicking the “Submit Order” button, the customer places a binding order with respect to the items/services contained in the virtual shopping cart.
3.4. In customizations, the Buyer warrants the Supplier that he is the rightful owner of the industrial and/or intellectual property corresponding to the product marking and/or warrants that he is authorized to order the marking. The Purchaser irrevocably agrees to indemnify the Supplier for any costs, including legal fees that may be claimed from it by third parties as a result of the infringement of industrial and/or intellectual property of the customization carried out at the Purchaser’s request.
3.5. Once the order has been submitted, the Supplier will automatically send the customer an order confirmation e-mail. The purchase and sale contract is concluded between the Supplier and the Buyer when the Buyer receives the order confirmation. The “submitted” order may no longer be modified by the Buyer, subject to the right of withdrawal under the terms and conditions set forth in Article 13 below.
3.6. Orders will be shipped as soon as the Supplier receives full payment of the purchase price and any shipping charges or any printing and printing facilities charges. The Supplier therefore invites, the Buyer who has opted for the Advance Transfer, to make the payment of the price as soon as it receives the confirmation of the order by sending the relevant accounting to the e-mail address indicated and in any case within the next 7 days, after which the order will be cancelled.
3.7. Upon receiving payment for the good/service, the Supplier will proceed to ship the goods, automatically send the customer a “shipping confirmation” e-mail and issue relevant tax document in accordance with Presidential Decree no. 633/1972, the Buyer having provided during registration the details of his tax code or VAT number.
3.8. This contract shall not be considered perfected, therefore, ineffective if the above points are missing.

4. Payment and refund arrangements

4.1. Any payment for the purchased goods/services by the Buyer may be made only by one of the payment methods indicated on the Supplier’s website and chosen by the Buyer during order confirmation. The use of the indicated payment methods does not result in any additional charge to the Buyer.
4.2. Any reimbursement to the Purchaser will be made by one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the case of the exercise of the right of withdrawal as governed by clause 13, item 6 et seq. of this contract, at the latest within 14 days from the day on which the Supplier became aware of the withdrawal. The Supplier may withhold the refund until receipt of the item or until the Buyer has provided proof of return, whichever comes first.
4.3. All payment-related communications take place on a special Supplier line protected by an encryption system. The Provider guarantees the storage of this information with an additional layer of security encryption and in deference to the provisions of current data protection regulations.

5. Time and mode of delivery

5.1. The Supplier will deliver the products (movable goods) selected and ordered, without undue delay, in the manner chosen by the Buyer or indicated on the website at the time of offering the good. The delivery time for both neutral and customized product from the order date will be indicated in the bidding process.
5.2.In the event that the Supplier is unable to make the shipment within the period specified in 5.1. timely notice will be given by e-mail to the Buyer or by telephone if such credentials were provided in the order.

6. Prices

6.1. All sales prices of the products displayed and indicated within the website are in Euros and constitute an offer to the public in accordance with Art. 1336 C.C.
6.2. The sales prices, mentioned in the previous point, are exclusive of VAT and any other taxes that are nevertheless displayed in the order confirmation phase. Shipping costs and any ancillary charges (e.g.: customs clearance), if any, although not included in the purchase price will be indicated and calculated by the Supplier in the purchase procedure prior to the submission of the order by the Buyer and also contained in the summary web page of the order placed.
6.3. The customer is required to pay the price published on the product page when placing the order. The price quoted is final and includes VAT.
6.4. Shipping costs amount to Euro 15.00 (excluding VAT) for all orders with a value less than Euro 250.00; These shipping costs are invoiced by WWW.BINISAS.COM unipersonale. In the event that the Buyer returns the products in accordance with the procedure set forth in these conditions and applicable regulations, the shipping costs will be refunded.
6.5. For orders worth more than Euro 250.00, shipping costs are the responsibility of the Supplier.

7. Use of promotional vouchers – coupons

7.1 Promotional coupons/Coupons cannot be purchased, are offered by the Supplier as part of promotional campaigns, and can be used for a limited period of validity.
7.2 Promotional vouchers can only be used once in connection with a single order within the specified validity period. The possibility of using promotional vouchers may be excluded for the purchase of some products. It is possible that the use of a promotional voucher may be subject to a minimum spending amount.
7.3 The value of the products purchased must be equal to or greater than the value of the promotional voucher. If the amount of the promotional voucher is not sufficient to cover the value of the products ordered, the difference can be paid by any of the accepted methods of payment mentioned in Article 4 above. Promotional vouchers are not redeemable for cash and no interest accrues on the credit they represent. Promotional vouchers will not be refunded if the Buyer decides to return part or all of the products ordered.
7.4 Promotional vouchers can only be used if the order is finalized, cannot be used retroactively, and cannot be transferred to third parties. Unless otherwise provided by the Supplier, several promotional vouchers cannot be combined for the same order.
7.5 If in the course of the order the customer should have used a promotional voucher and if the total value of the order – due to the customer’s withdrawal – should be less than the value of the promotional voucher, the Supplier as of now reserves the right to invoice the original price of the goods remaining in the possession of the customer.

8. Availability of products

8.1 The Supplier shall ensure through the computer system used that orders are processed and fulfilled without delay. To this end, it indicates in real time in its electronic catalog the number of available and unavailable products, as well as shipping times.
8.2. If an order exceeds the existing quantity in the warehouse, the Supplier, by e-mail or other means, will let the Buyer know whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether or not he intends to confirm the order.
8.3. The Supplier’s computer system confirms in the shortest possible time that the order has been registered by forwarding an e-mail confirmation to the user in accordance with Section 3.5.

9. Limitations of liability

9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its sub-suppliers.
9.3. The Supplier shall also not be liable in respect of damages, losses and costs incurred by the Buyer as a result of the non-performance of the contract due to causes not attributable to him, the Buyer being entitled only to a full refund of the price paid and any ancillary charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards and other means of payment, when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and according to ordinary diligence.
9.5. In no event shall the Buyer be held liable for delay or mishandling of payment if he/she can prove that he/she has made the payment in the time and manner specified by the Supplier.

10. Liability for defect, proof of damage and compensable damages: the Supplier’s obligations

10.1. The Supplier is liable, pursuant to Articles 114 et seq. of the Consumer Code, for the damage caused by defects in the goods sold if he fails to notify the injured party, within three months of the request, of the identity and domicile of the manufacturer or person who supplied him with the goods.
10.2. The claim for damage, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase. In addition, it must contain the offer on view of the product, if it still exists.
10.3. The Supplier shall not be held liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, a mandatory legal norm or a binding measure, or if the state of scientific and technical consequences, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.

11. Warranty for defects and non-conformity of products

For purchases made on www.binisas.com, the rules of the Consumer Code regarding warranty for defects and deformities of products apply. Therefore, the customer will be granted the rights set forth in Art. 130 of the Consumer Code, and these rights must be exercised within the terms set forth in Art. 132 of the same Consumer Code.

12. Obligations of the Purchaser

12.1. The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.
12.2. The Buyer agrees, once the online purchase procedure is completed, to arrange for the printing and preservation of this contract if it is deemed necessary.
12.3. The information contained in this contract has, moreover, already been reviewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory prior to confirmation of purchase.

13. Right of withdrawal

13.1 The Buyer has in any case the right to withdraw from the contract, without any penalty and without specifying the reason, within the period of 14 calendar days, starting from the day of receipt of the purchased goods.
13.2. In case the Buyer decides to avail himself of the right of withdrawal, he must give notice to the Supplier by registered mail with return receipt to WWW.BINISAS.COM unipersonale, headquartered in Pistoia (PT), via Silvestro Lega N.29, CAP 51100 or by e-mail to the following address (PEC): binisas@pec.it . For the purposes of exercising the right of withdrawal, the sending of the notice may validly be replaced by the return of the purchased goods, provided that the same terms. The date of delivery to the post office or forwarding agent will be authentic between the parties.
13.3. The return of the goods by the Buyer must take place, without undue delay and, in any case, within 14 days from the date of the notice of withdrawal to the Supplier. If the returned items show damage or signs of wear and tear resulting from handling not necessary to establish the nature, characteristics and operation of the items, the Supplier may withhold from the refund an amount corresponding to their decrease in value.
13.4. The Buyer may not exercise this right of withdrawal for contracts for the purchase of custom-made or clearly customized goods and in any other case provided for in Art. 59 of the Consumer Code.
13.5. The only costs payable by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier.
13.6. The Supplier will make a refund of the price of the item for which the withdrawal was exercised within 14 days of receipt of the withdrawal notice from the Buyer. The Supplier may withhold the refund until receipt of the item or until the Buyer has provided proof of return, whichever comes first.
13.7. Upon receipt of the notice by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this article.
13.8. Notwithstanding the possibility for the Buyer to exercise the right of withdrawal by notifying the Supplier with any explicit statement of his decision to withdraw from the contract, the Supplier suggests using the following standard text:
I/we (*) hereby give notice of withdrawal from my/our (*) concluded contract for the purchase of the following goods/services (*) – ordered on (*) / received on (*) – name of Buyer (*) – address of Buyer (*) – date
(*) Delete the unnecessary wording and send to the Supplier by registered mail with return receipt to WWW.BINISAS.COM unipersonale, headquartered in Pistoia (PT), via Silvestro Lega N.29, CAP 51100 or by e-mail to the following address (PEC): binisas@pec.it

14. Causes of termination

14.1 The obligations referred to in paragraph 12, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in Article 4, and also the exact fulfillment of the obligations assumed by the Supplier in paragraph 10, have an essential character, so that by express agreement, the non-fulfillment of only one of these obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial pronouncement.

15. Processing of Buyer’s Personal Data.

15.1 In compliance with the provisions of European Regulation 2016/679 (hereinafter GDPR) and the provisions of Leg. n. 196/2003 (as amended/supplemented by Legislative Decree No. 101 of August 10, 2018), the Supplier wishes to inform the customer that the personal data provided by the latter or acquired by the Supplier within the scope of its activity, necessary to execute the services offered to the customer, will be treated in compliance with the regulations on privacy and the principles of fairness, lawfulness, transparency and protection of confidentiality and customer rights. The Supplier, also conveys the following information to the customer:
DATA CONTROLLER is the Supplier, company/company WWW.BINISAS.COM unipersonale, based in Pistoia (PT), via Silvestro Lega N.29, Tel. (+39) 0573 1780174, e-mail PEC binisas@pec.it 15.2. The computer systems and software used to operate the Supplier’s site acquire some personal data that are implicit in the use of Internet information protocols (by way of example, domain names and IP addresses). This data is not accompanied by any additional personal information and is used to obtain anonymous statistical information on the use of the site, to monitor how the site is used, and to ascertain any liability in the event of computer crimes. The legal basis legitimizing the processing of such data is the need to make the functionality of the corporate site usable as a result of the User’s access;

  • On the other hand, the data voluntarily provided by the User are those necessary for the Owner to provide the available services and are processed lawfully and fairly, and are also collected and recorded for the determined, explicit and legitimate purposes set forth below and are used in processing operations that are not incompatible with those purposes;
  • Personal data (personal identifying information such as, for example: first and last name, company name, tax code and VAT number, address, telephone/fax number, e-mail, bank and payment references) are collected and processed:
    (a) To carry out customer relationship activities according to pre-contractual and contractual agreements;
    (b) for internal administrative, tax or accounting purposes related to the customer-Supplier relationship and to fulfill obligations generally imposed on the Controller by laws or regulations, EU legislation, requests by judicial authorities, or to exercise the Controller’s rights (e.g., the right to defense in court);
    c) in the presence of specific distinct consent of the client, for the following marketing purposes: to send (via e-mail, mail, text message or telephone contact) newsletters, updates on the activities of the Owner, advertising material or commercial communications – possibly also personalized on the basis of the client’s consumption habits (profiling) – on products or services offered by the Owner that the client may consider of his/her interest and to detect the degree of satisfaction on the quality of the services, including requests to participate in analysis or market research;
    d) in the presence of specific distinct consent of the customer, for the following marketing purposes: to send (via e-mail, mail, sms or telephone contact) newsletters, updates, advertising material or commercial communications – possibly also personalized on the basis of the User’s consumption habits (profiling) – about products or services offered by third parties.
    (e) in the case of sending resumes, exclusively for the purpose of personnel selection and the establishment of an employment relationship.
  • The legal basis legitimizing the processing of data under “a” (pre-contractual and contractual agreements) and “b” (administrative, accounting or tax purposes) is the performance of a contract for the provision of services to which the customer is a party, or the performance of pre-contractual activities at the customer’s request.
  • In the cases expressly mentioned under “c” (marketing and profiling), “d” (third-party marketing and profiling) and “e” (curriculum vitae), the legal basis is the consent freely given by the customer.
  • Pursuant to Articles 9 and 10 of the GDPR, the customer may provide the Data Controller with data that qualify as “special categories of personal data” (i.e., those data revealing “racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership…genetic data, biometric data intended to uniquely identify a natural person, data relating to a person’s health or sex life or sexual orientation”). These categories of data may be processed by the Data Controller only with the customer’s consent, given in writing by signing this notice, for contractual needs and related fulfillment of legal and tax obligations and for personnel selection needs.

15.3. The processing of the customer’s personal data is carried out by means of the operations of: collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, deletion and destruction of data. The customer’s personal data are collected as a result of direct dispatch to the Owner, by filling in Forms or forms generally prepared for this purpose, also included in contractual documents, or collected by telephone by the operator as part of pre-contractual activities. Data are processed both by manual processing in paper format and by electronic or otherwise automated, computerized and telematic means. The data collected are recorded and stored by the Owner in computer and paper files, and kept and controlled in such a way as to minimize the risks of destruction or loss, including accidental loss, unauthorized access, and processing that is not permitted or not in accordance with the purposes of collection. The data are processed by employees or contractors of the Owner, duly instructed to do so.
15.4. The provision of personal data related to processing is optional in nature. However, the partial or total failure to provide data may result in the partial or total impossibility of establishing or continuing the relationship with the customer, insofar as such data are necessary for the execution of the same.
Providing data for marketing purposes is also optional. The customer can then decide not to give any data or to deny later the possibility of processing data already provided: in this case, he/she will not be able to receive newsletters, commercial communications and advertising material in general inherent to the services offered by the Owner.
15.5. The processing of customer data is carried out by the Owner’s internal staff (employees, collaborators, System Administrators), identified and authorized for processing according to instructions that are given in compliance with current privacy and data security regulations. Where necessary for the purposes listed in Article 15.2., the customer’s personal data may be processed by third parties appointed as Data Processors (pursuant to Article 28 of the GDPR). Or “autonomous” Holders, namely:
by professionals, companies, associations or professional firms that provide the Holder with assistance or advice for administrative, accounting, tax purposes;
by all Public Institutions established by law and more generally by all Entities established by current accounting and tax regulations as recipients of mandatory communications;
by banking institutions for collections and payments as well as by any professionals, for the management of payments through credit cards or electronic payment instruments in general, postal couriers and for any debt collection: The updated list of data processors and Data Processors is kept at the registered office of the Data Controller. In any case, the client’s personal information is not subject to dissemination.
15.6. As part of the management of the contractual relationship, no transfer of Customer data to third countries outside the EU or to international organizations is planned.
15.7. For the purposes referred to in letters “a” (pre-contractual and contractual agreements) and “b” (management of administrative, accounting or tax obligations) of Article 15.2, the customer’s personal data will be processed and stored by the Controller for the entire duration of the contractual relationship between the customer and the Controller and, upon its termination for whatever reason, will be kept for the time stipulated – for each category of data – by current accounting, tax, civil and procedural regulations. For the purposes of “c” (marketing and profiling) and “d” (marketing and profiling by third parties), the customer’s personal data will be processed and stored by the Controller until the customer’s consent is revoked or until the customer exercises the right to object to the processing or the right to delete the personal data. For the purposes of “e” (curriculum vitae), the customer’s personal data may be processed and stored by the Controller for up to 12 months from the date of receipt.
15.8. In your capacity as a data subject and in relation to the processing described in this Notice, you have the rights set out in Articles 7, 15 to 21 and 77 of the GDPR. And, in particular, the:

  • Right of access – Article 15 GDPR: the right to obtain confirmation as to whether or not personal data concerning the Client is being processed and, if so, to obtain access to such personal data, including a copy thereof;
  • Right of rectification – Article 16 GDPR: Right to obtain, without undue delay, rectification of inaccurate personal data concerning the Client and/or supplementation of incomplete personal data;
  • Right to erasure (right to be forgotten) – Article 17 GDPR: the right to obtain, without undue delay, the erasure of personal data concerning the Client;
  • Right to restriction of processing – Article 18 GDPR: right to obtain restriction of processing, when: the Data Subject disputes the accuracy of the personal data, for the period necessary for the Data Controller to verify the accuracy of such data; the processing is unlawful and the Data Subject objects to the deletion of the personal data and instead requests that its use be restricted; the personal data is necessary for the Data Subject to establish, exercise or defend a right in court; the Data Subject has objected to the processing pursuant to Art. 21 GDPR, during the period pending verification as to whether the Data Controller’s legitimate reasons prevail over those of the Data Subject;
  • Right to data portability – Article 20 GDPR: the right to receive, in a structured, commonly used and machine-readable format, personal data concerning the Client provided to the Data Controller and the right to transmit it to another Data Controller without hindrance, if the processing is based on consent and is carried out by automated means. In addition, the right to have the Client’s personal data transmitted directly to another Data Controller if this is technically feasible;
  • Right to object – Article 21 GDPR: the right to object, at any time on grounds relating to your particular situation, to the processing of personal data concerning you based on the lawful condition of legitimate interest or the performance of a task carried out in the public interest or in the exercise of official authority, including profiling, unless there are legitimate grounds for the Data Controller to continue the processing that override the interests, rights and freedoms of the Data Subject or for the establishment, exercise or defense of a legal claim. In addition, the right to object at any time to processing if personal data are processed for direct marketing purposes, including profiling, insofar as it is related to such direct marketing;
  • Right of Revocation – Article 7 GDPR: The Client has the right to revoke his/her consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to withdrawal;
  • Right to Complaint – Article 77 GDPR: The Client has the right to lodge a complaint with the Italian Data Protection Authority, Piazza Venezia 11, 00187, Rome (RM).

15.9. Customers may exercise their rights at any time by sending a registered letter with return receipt to WWW.BINISAS.COM unipersonale, headquartered in Pistoia (PT), via Silvestro Lega N.29, zip code 51100 or by e-mail to the following address (PEC): binisas@pec.it
The exercise of rights by the Customer is free of charge under Article 12 GDPR. However, in the case of requests that are manifestly unfounded or excessive, including by reason of their repetitiveness, the Holder may charge the Client a reasonable fee in light of the administrative costs incurred in handling his request, or deny satisfaction of his request.
This Privacy Policy was last amended on May 22, 2018.

16. Method of filing the contract

16.1. The Supplier informs the Buyer that this contract may be printed or stored on the Buyer’s own devices.
16.2. Pursuant to Art. 12 of Legislative Decree. 70/2003 the Supplier informs the Buyer that every order sent is stored in digital/paper form on the server/at the Supplier’s own premises, according to criteria of confidentiality and security.

17. Communications and complaints

17.1. Direct written communications to the Supplier and any complaints will be considered valid only where they are sent to the following address: WWW.BINISAS.COM unipersonale, headquartered in Pistoia (PT), via Silvestro Lega N.29, zip code 51100 or by e-mail to the following address (PEC): binisas@pec.it .

18. Dispute settlement

18.1 All disputes arising from this contract shall be referred to a conciliation attempt at the Mediation Body of the Pistoia Chamber of Commerce and resolved according to the conciliation rules adopted by it.
18.2. If the Parties intend to take the matter to the ordinary Judicial Authority, the place of jurisdiction shall be Pistoia.

19. Available languages

19.1. languages available within the website www.binisas. Are Italian and English.

20. Applicable law and referral

This contract is governed by Italian Law (and in particular by the Consumer Code – which in Articles 46 to 67 regulates distance contracts – and by Legislative Decree 70 of 09/04/2003 on electronic commerce) and in light of this must be interpreted.

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