1. Subject matter
1.1 These terms and conditions of sale govern product purchases made remotely, via computer network, from the site www.biemmestore.com.
1.2 The website owner is Biemme Sport S.r.l., with its head office at Via Oltre Agno 35, Brogliano (Vicenza – Italy) registered with the Register of Companies of Vicenza, Tax Code and VAT No. 03700750247.
Email customer service: firstname.lastname@example.org
Telephone: +39 0445 947366
2. Acceptance of the general terms and conditions of sale
2.1 All purchases of products made through the site by the users who access it are governed by these terms and conditions as well as by the Italian Consumer Code (Legislative Decree No. 206/2005) and Italian standards pertaining to electronic commerce (Legislative Decree No. 70/2003).
2.2 By concluding the purchase contract in accordance with the appropriate procedure, the customer accepts and agrees to comply with these terms and conditions.
2.3 Therefore, before engaging in any purchase transactions, the customer should carefully read these terms and conditions that Biemme Sport S.r.l. makes available, also in order to enable their reproduction and storage in accordance with the provisions of Article 12, paragraph 3, of Legislative Decree No. 70/2003.
2.4 Biemme Sport S.r.l. may change the contents of these terms and conditions at any time and without notice. For each purchase agreement, the terms and conditions posted on the site at the time the customer places the order will apply.
3.1 www.biemmestore.com is a website that sells exclusively B-EMME (Biemme) branded clothing.
3.2 All the products offered are explained in detail on the website, within the respective sections, divided by product category.
3.3 The visual representation of the products on the website, when available, is indicative and usually corresponds to photographic images of the products, and has the sole purpose of presenting them for sale, without any guarantee or commitment by Biemme Sport S.r.l. concerning the exact correspondence of the image depicted on the site with the actual product, in particular with regard to the actual size and/or color of the product.
3.4 In the event of a difference between the image and the written product description, the description of the product should be relied upon.
4. Purchase procedure
4.1 Following the outlined technical procedures, the customer may purchase the products in the electronic Biemme catalog, presented in detail on the website within the categories’ sections and described in the relevant product information contained on the site.
4.2 To purchase products, the customer must register on the website by entering his or her personal details, following the instructions provided during the registration process, and complete and submit to Biemme Sport S.r.l. the electronic order form available on the website, following the instructions provided. Purchase orders must be filled clearly and completely.
4.3 The customer must place the selected products in the shopping cart. After choosing delivery method and reviewing, and agreeing to the cost of delivery, the customer may complete the purchase.
4.4 After executing the transaction, the customer will see a screen containing a summary of the purchase order, including all delivery costs, with a request for a final confirmation of the purchase.
5. Conclusion of the contract
5.1 The display of products on the site constitutes an invitation to the customer to make a binding offer to purchase. The order submitted by the customer is a contractually binding offer and implies full knowledge and acceptance of these terms and conditions.
5.2 Every time the customer enters into a purchase agreement with Biemme Sport S.r.l., the purchase agreement will be considered concluded when Biemme Sport S.r.l. sends an acknowledgement of the order to the customer’s email address. This confirmation message will include an order number to be used in any subsequent communication with Biemme Sport S.r.l. In addition to the information required by law, the message will restate any information provided by the customer, who agrees to verify its accuracy and communicate any corrections in a timely manner. Any additional costs arising from errors not reported in a timely manner will be the sole responsibility of the customer.
5.3 The customer can view each of his or her orders in the personal account area of the site or by contacting Biemme Sport S.r.l. Customer Service immediately after submitting the order.
5.4 The customer may check at any time the contents of concluded purchase contracts by accessing the personal account area of the site, or by calling Biemme Sport S.r.l. Customer Service. This information will be available for 12 months from the delivery of the products.
6. Product prices
6.1 The prices of all the products are clearly indicated on the site and include VAT. Delivery costs are clearly highlighted at the time of ordering. Shipment costs will vary depending on the means of delivery and payment, as well as the destination and the total amount of the order.
7. Invoicing and payment methods
7.1 Biemme Sport S.r.l. issues an invoice for the products and sends it to the customer via email. In issuing the invoice, the vendor refers to the information provided by the customer. No changes can be made to the information after the invoice has been issued.
7.2 Payment for products purchased is made via PayPal, as specified below:
PayPal, an eBay company, offers a quick and secure payment system.
Once the customer completes the order and chooses PayPal as the payment method, he or she will be redirected to the PayPal website, where the purchaser can access his or her account by entering an email address and password.
After registering, the customer will be able to make payments via PayPal without having to re-enter the information, including for subsequent purchases.
When the customer chooses to pay with PayPal, the purchase amount will be charged directly to the selected credit card or prepaid debit card. PayPal protects the buyer’s financial information and does not transmit it.
For every transaction made via this method, the customer will receive an email confirmation from PayPal.
Note that the order amount is debited from the PayPal account when the order is handed over to the courier. During placement of the order on the website, a request is submitted for authorization to check the status of the customer’s PayPal account, but no charge is made.
In the event that the order is cancelled, the amount will be refunded to the customer’s PayPal account.
7.3 Other payments methods are explained and detailed in the section “Methods of Payment”.
8. Method and cost of delivery
8.1 Biemme Sport S.r.l. undertakes to deliver the products without undue delay and in any case not later than 30 days after conclusion of the contract. The products will be delivered by courier, and delivery times vary depending on the destination. However, the terms specified at the time of purchase offer an approximate indication.
8.2 Biemme Sport S.r.l. delivers to all the countries listed on the site, and deliveries are made without appointment.
8.3 Biemme Sport S.r.l. accepts no liability of any kind to the customer in case of delay in the processing or delivery of the products covered by the purchase contracts.
8.4 The products ordered will be delivered to the address specified by the customer. When the products are transferred to the courier by Biemme Sport S.r.l., the customer will receive an email confirming that the order has shipped.
8.5 Deliveries are made Monday through Friday during normal business hours, excluding national holidays and business closures, in the manner specified by the courier selected by the customer. The delivery is considered completed when the product is made available to the customer at the address specified on the order form. In the event of nondelivery due to the absence of the recipient at the specified address, the courier will send the customer an email alert and attempt a new delivery in accordance with the procedures outlined in the email.
8.6 If it is again not possible to complete the delivery due to the absence of the recipient, Customer Service will attempt to contact the customer to schedule a new delivery. In the event that Customer Service is unable to contact the customer within the next 10 days, or in the event of a further failure to deliver due to the absence of the recipient, the order will be returned to Biemme Sport S.r.l.
After 30 days from the date on which the products were returned to Biemme Sport S.r.l. due to the inability to complete the delivery, the contract will be terminated and the purchase order canceled pursuant to Article 1456 of the Civil Code. Biemme Sport S.r.l. will refund the amount paid by the customer, net of the cost of returning the products and the cost of storing them at the facility of the courier entrusted with the delivery.
The termination of the contract and the amount of the refund will be communicated via email. The refund amount will be credited via the payment method used by the customer for the purchase. In the event that, before the expiration of the 30 days, the customer asks for the purchased products to be delivered again, Biemme Sport S.r.l. will proceed with a new delivery, subject to a delivery charge in addition to the cost of returning the products to Biemme Sport S.r.l. and the cost of storage.
8.7 Upon delivery of the products by the courier designated by Biemme Sport S.r.l., the customer should carefully check that the number of items delivered corresponds with the number indicated in the transport document.
8.8 Any damage to the packaging and products, or discrepancy in the number of items, packages or other information, must be immediately reported by the customer by contacting Biemme Sport S.r.l. through Customer Service, specifying the order to which the problem applies.
8.9 Force majeure, unavailability of means of transportation, and unforeseeable or unavoidable events that cause a delay in delivery or make deliveries difficult or impossible or cause a significant increase in the delivery costs incurred by Biemme Sport S.r.l. give the company the right to divide, postpone or cancel the delivery, in whole or in part, or to terminate the purchase agreement. In such cases it is the responsibility of Biemme Sport S.r.l. to provide timely and adequate notice of its decision, using the email address specified by the customer. The customer will be entitled to a refund of any money already paid and will have no further claims of any kind against Biemme Sport S.r.l.
9. Statutory warranty
9.1 All products are covered by the statutory warranty against defects, of no less than 24 months, limited to the territory where the delivery took place (statutory warranty of conformity for consumer goods), and provided for by Title III, Chapter I, of the Consumer Code.
9.2 If the customer entered into the contract as a consumer (meaning by that definition any person using the website for purposes not related to business or professional activity), this warranty is valid only if the defect must appear and must be contested within 24 months of the date of delivery of the product.
9.3 In particular, in the event of nonconformity, the customer who entered into the contract as a consumer is entitled to have the product restored to conformity without charge, by repair or replacement, or to an appropriate price reduction or cancellation of the contract with regard to the defective product and the subsequent refund of the purchase price.
9.4 All the return shipping costs for defective products will be covered by the seller.
9.5 The warranty, offered for the duration indicated above and within the specified territory, applies to products that are defective, provided that the product is used correctly, in accordance with its intended use, and as outlined in the included technical documentation or operating instructions. This warranty applies only to customers who are consumers as defined by the Consumer Code. In case of a defective product, we will, at our own expense, repair or replace the product or reduce the price, or cancel the contract if necessary.
11. Communication and complaints
Communication and complaints Any communication or customer complaints against Biemme Sport S.r.l. regarding purchase contracts should be communicated through the appropriate contact form, which can be requested from Customer Service
12. Intellectual property
Intellectual property rights All trademarks (registered or not), as well as any and all intellectual work, distinctive signs or names, images, photographs, written text or graphics, and more generally any other intangible assets protected by copyright laws and international conventions regarding intellectual and industrial property, reproduced on the website are the exclusive property of Biemme Sport S.r.l. and/or its assignors, and access to the site and/or entrance into purchase contracts gives the customer no right over them. Any use of them, including only partial use, is forbidden without the prior written consent of Biemme Sport S.r.l., to which all rights are exclusively reserved.
13. Governing law and jurisdiction
13.1 These terms and conditions and any and all contracts entered into with the customer are governed by Italian law. International treaties regarding the sale of goods are specifically excluded, with particular reference to the Vienna Convention of 1980.
13.2 In any dispute relating to the interpretation, execution, validity or effectiveness of these terms and conditions and any customer contracts, the Court of Vicenza will have exclusive jurisdiction, except in cases in which a party is a “consumer” pursuant to Legislative Decree No. 206/2005.