Terms and conditions of sale
GENERAL CONDITIONS OF SALE
This information is provided for the site "https://www.thesewingpoint.com" (Site). (Site) owned by BG2lab srl, with registered office in Via Caduti per la Patria 5, 28066 Galliate NO, with VAT No. IT02412760031 (Seller).
Art. 1. Scope of Application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (art. 45 et seq.) of Legislative Decree 6 September 2005, no. 206 (Consumer Code) and by Legislative Decree 9 April 2003, no. 70, containing the rules on electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication on the Site. You are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not govern the sale of products and/or services by parties other than the Vendor that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such entities, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not control and/or monitor the websites that can be consulted via these links. The Seller is therefore not responsible for the content of such websites or for any errors and/or omissions and/or violations of law on the part of such websites.
1.6 You must carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Site.
1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchases on the Site
may be made after registering with the Site
It is permitted both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, letter a) of the Consumer Code, we remind you that the quality of consumer is held by the natural person acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity carried out; while pursuant to art. 3, paragraph I, letter c) of the Consumer Code, the quality of professional is held by the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or an intermediary thereof.
2.2 To avoid hoarding, no more than 10 items of the same article may be purchased in the same order.
2.3 In the event of orders, from whoever they come from, that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to put an end to the irregularities.
2.4 The Seller reserves the right to refuse or cancel orders that come from
from a user with whom the Seller is in legal dispute
from a user who has previously breached the General Terms and Conditions of Sale
a user who has been involved in a criminal offence
by a user who has provided false, incomplete or inexact identification data, or who has not promptly sent the Seller the documents requested by the same or who has sent invalid documents.
Art. 3. Site Registration
3.1 In order to register on the Site, you must fill in the appropriate form, entering the following data:
3.2 You undertake to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your credentials for access to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him/her is complete and true and agrees to hold the Seller harmless and indemnified from any damage, obligation to pay compensation and/or penalty arising from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to proceed to disable the user's account.
Art. 4. Information directed to the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, the Seller informs you that:
in order to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site
the contract is concluded when the order form reaches the Seller's server
once the order form has been received, the Seller shall send you an order confirmation to the email address you have provided, containing
information on the characteristics of the purchase
an indication of the price.
Art. 5. Availability of the Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
5.2 The Site contains information on the availability of each Product.
5.3 You will be informed in the event that the Product ordered is unavailable. In this case you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of Article 61, paragraphs IV and V, of the Consumer Code.
5.4 Alternatively, you may accept:
if a reassortment is possible, an extension of the delivery terms, offered by the Seller, with an indication of the new delivery term
if no re-assortment is possible, the Seller will supply a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and to your express acceptance.
5.5 In the event that you request a refund of the amount paid for the purchase of Products that are subsequently found to be unavailable, the Seller will make the refund within a maximum period of 15 days.
5.6 If you exercise the right to terminate the contract pursuant to article 61, paragraphs IV and V, of the Consumer Code, the contract shall be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already been made, the Seller shall refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.
Art. 6. Information Sheet
6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. However, the colours of the Products may differ from the real ones due to the settings of the computer systems or computers used by you to view them. In addition, the Product images in the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and within the tolerances of use.
Art. 7. Prices
7.1 All prices of the Products published on the Site are inclusive of Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products, at any time, without notice, provided that the price charged to you will be the one indicated on the Site at the time you place your order and that no account will be taken of any variations (upwards or downwards) following the transmission of the order.
7.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to the transmission of the same.
Art. 8. Purchase Orders
8.1 The Seller will ship the Products only after receiving confirmation of the payment authorization or after the crediting of the Total Amount Due. Title to the Products will pass to you on dispatch, which will be deemed to be the time when the Product is handed over to the carrier. On the other hand, the risk of loss of or damage to the Products due to causes not attributable to the Seller shall pass to you when you or a third party appointed by you other than the carrier take physical possession of the Products.
The Service chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the Service if, after submitting your purchase order, it is established that you have not paid all or part of the Total Amount Due.
8.2 The purchase contract is terminated if you fail to pay the Total Due Amount. Unless otherwise agreed with you in writing, the order shall be cancelled accordingly.
8.3 In order to send a purchase order, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.
Art. 9. Methods of payment
9.1 The following methods of payment are permitted on the Site:
9.2 The Seller accepts the credit cards of the following circuits:
The debit will only be made once (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued a debit authorisation.
Confidential payment card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment service provider without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time of transmission of the order.
9.3 On the Site you can also make purchases through the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed between you and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to this account.
In the event of payment by PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the contract is concluded through the Website. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the amount of the reimbursement due to you shall be credited to your PayPal account. The timing of the crediting to the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once the crediting order has been placed in favour of such account, the Seller shall not be held liable for any delays or omissions in the crediting of the refund amount, in order to dispute such delays or omissions you must contact PayPal directly. Any refund to be made pursuant to these General Terms and Conditions of Sale shall be credited to your PayPal account.
Art. 10. Delivery of Products
10.1 There are no restrictions on delivery, except in the cases indicated on the Site and/or in the Product Sheet.
10.2 Shipping costs are indicated on the Site and/or in the Product Sheet from time to time.
10.3 From the date on which the order is sent, the Products shall be delivered within 5 days and, in any case, within thirty days from the date of conclusion of the contract.
10.4 It is up to you to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller, is transferred when you, or a third party appointed by you and different from the carrier, materially take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows evident signs of tampering or alteration, it is advisable to promptly notify the Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.
Art. 11. Right of Withdrawal
11.1 In case of purchase on the Site, unless otherwise indicated, you do not have the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are
sold sealed goods that are not suitable to be returned for hygienic reasons or reasons related to health protection.
11.2 If you are a consumer, you are entitled to withdraw from the contract for the purchase of the Product without having to provide any reason and without having to incur costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
a. in the case of a single Product Order, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and nominated by you take physical possession of the last Product; or
c. in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party other than the carrier and nominated by you take physical possession of the last lot or piece.
11.3 In order to exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.
11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following manner
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when notifying the Seller of your withdrawal.
11.5 If you exercise your right of withdrawal, you must deliver the Product to the registered office indicated at the beginning of these General Terms and Conditions of Sale.
11.6 The direct costs of returning the Products shall be borne by you, as well as the responsibility for their transportation.
11.7 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument as was used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is the earlier.
11.8 You shall only be liable for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. The Product shall in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all the accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and without signs of wear or dirt. Moreover, the withdrawal shall apply to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
11.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the amount of the refund an amount equal to such decrease in value. The Seller shall notify you of this circumstance and of the consequent reduction in the refund amount within 5 days of receipt of the Product, providing, if the refund has already been paid, the bank details for payment of the amount due by the user due to the reduction in the value of the Product.
11.10 In the event that the withdrawal is not exercised in accordance with the provisions of the applicable legislation, it shall not result in the termination of the contract and, consequently, shall not entitle the user to any refund. The Seller shall notify the user within 5 (working) days from receipt of the Product, rejecting the request for withdrawal. The Product shall remain at the Seller's premises at your disposal for collection, which shall take place at your expense and under your responsibility.
11.11 In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be refunded to you shall be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed an order for a total amount of EUR 200.00, which includes two Products, the first of a value of EUR 50.00 and the second of a value of EUR 150.00, and you return the Product of a value of EUR 150.00, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of the delivery costs to be refunded shall never exceed the amount actually paid.
11.12 The pdf patterns sold on the website are digital content; by purchasing them you waive your right to withdraw from the contract.
Art. 12. Legal Warranty
All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Warranty is reserved to consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.
When it applies
The Seller is liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within a period of two months from the date on which it was discovered.
Unless proved otherwise, it shall be assumed that the lack of conformity which becomes apparent within six months from the delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the lack of conformity. As from the seventh month following the delivery of the Product, it shall be the consumer's burden to prove that the conformity defect already existed at the time of the delivery of the Product.
In order to benefit from the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can attest to the date of the purchase (e.g. the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller shall refund the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller shall not be liable for any damage, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as for damage resulting from unforeseeable circumstances or force majeure.
If you made the purchase as a "professional" within the meaning of the Consumer Code, the previous paragraphs of this article shall not apply. The legal guarantee provided for by art. 1490 of the Italian Civil Code shall apply to your purchase on the Site.
Art. 13. Manufacturer's conventional warranty
13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can only enforce this warranty against the manufacturer. The duration, extension, including territorial extension, the conditions and methods of use, the types of damage/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer. The Conventional Guarantee is of a voluntary nature and does not replace, limit, prejudice or exclude the Legal Guarantee.
Art. 14. Applicable law and competent court; out-of-court settlement of disputes
14.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
14.2 We remind you that in the case of consumer users, any dispute relating to the application, execution and interpretation of this document shall be settled by the court of the place where the user resides or has elected domicile. In the case of professional users, any dispute relating to the application, execution and interpretation of this document shall be settled by the Court where the Seller has its registered office, pursuant to the provisions of Article 1 above.
14.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who has the status of consumer pursuant to Article 3, paragraph 1, letter. a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it was nevertheless not possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Sales Conditions (ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not he/she intends to use such bodies to resolve the dispute.
14.4 The Seller also informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user may consult the list of ADR bodies, find the link to the website of each of them and initiate an online resolution procedure for the dispute in which he is involved.
14.5 The right of the consumer user to refer the dispute arising from these General Terms and Conditions of Sale to the competent ordinary judge, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, is in any case unaffected.
14.6 Users residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
Art. 15. Customer service and complaints
It is possible to request information, send communications, request assistance or make complaints by contacting the Seller in the following ways
by email, to the following address: email@example.com .
The Seller shall respond to any complaints made within 48 hours of their receipt.