GENERAL CONDITIONS OF SALE
The present conditions are valid exclusively between the company Faustini Bruno, with registered office in via rocca, 6 – 38098 San Michele all’Adige, Faedo (TN) – REA: 106953 – VAT No.: IT 00586960221 below referred to as MontessoriBF, and any person who makes online purchases on the website www.montessoribf.com below referred to as CUSTOMER. These conditions may be changed and the date of their publication on the site shall be the date of their entry into force. These conditions govern purchases made on the website www.montessoribf.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce.
ARTICLE 1 – Subject of the contract
By these general terms and conditions of sale, MontessoriBF sells and the CUSTOMER purchases at a distance the tangible movable goods indicated and offered for sale on the www.montessoribf.com website. The contract is concluded exclusively via the Internet, by means of the CUSTOMER accessing the address www.montessoribf.com and placing a purchase order according to the procedure set out on the site itself. The customer undertakes to read these general terms and conditions of sale, in particular the pre-contractual information provided by MontessoriBF, before confirming his/her order. In the order confirmation email, the CUSTOMER shall also receive the link to download and file a copy of these general terms and conditions of sale, as provided for in Article 51, paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – Article 49 of Legislative Decree 206/2005
The CUSTOMER, before concluding the purchase contract, takes note of the characteristics of the goods that are illustrated in the individual product sheets at the time of selection. Before the conclusion of the purchase contract and before the validation of the order with “obligation to pay”, the CUSTOMER is informed of: the total price of the goods including taxes, with details of shipping costs and any other cost; payment methods; the term within which MontessoriBF undertakes to deliver the goods; conditions, terms and procedures for exercising the right of return (art. 6 of these conditions) as well as the standard return form set out in Annex I, part B of Legislative Decree 21/2014; information that the CUSTOMER shall cover the cost of returning the goods in the event of recess; existence of the legal guarantee of conformity for the goods purchased; conditions of after-sales assistance and commercial guarantees provided by MontessoriBF. The CUSTOMER may at any time, and in any case before the conclusion of the contract, acquaint himself/herself with the information relating to MontessoriBF, the geographical address, telephone number, e-mail address, information that is given below: Via molini, 10 – 38098 San Michele all’Adige, Faedo (TN) / Phone (+39) 0461 650087 / info@montessoribf.com.
ARTICLE 3 – Conclusion and effectiveness of the contract
The contract of sale shall be considered concluded when MontessoriBF sends the CUSTOMER an e-mail confirming the order. The e-mail contains the CUSTOMER’s details and order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, and the link for printing and storing a copy of these conditions. The CUSTOMER shall verify the accuracy of the personal data contained therein and shall promptly notify MontessoriBF of any corrections. MontessoriBF undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or minor differences between the site and the actual product. Furthermore, the photographs of the products presented on www.montessoribf.com do not constitute a contractual element, as they are only representative. MontessoriBF undertakes to deliver the goods within 30 days of MontessoriBF sending the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 – Availability of products
Product availability refers to the actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of several users, the products may be sold to other CUSTOMERS before the order is confirmed. Even after the order confirmation e-mail sent by MontessoriBF, there may be cases of partial or total unavailability of the goods. In this eventuality, the order shall be rectified automatically with the deletion of the unavailable product and the CUSTOMER shall be informed immediately by e-mail. If the CUSTOMER requests cancellation of the order, thereby terminating the contract, MontessoriBF shall refund the amount paid within 14 days of the day on which MontessoriBF became aware of the customer’s decision to terminate the contract.
ARTICLE 5 – Method of payment
Any payment by the CUSTOMER may only be made by the credit cards indicated on the www.montessoribf.com website or by bank transfer. Communications relating to the payment and the data communicated by the CUSTOMER at the time it is made shall take place on special secure lines.
ARTICLE 6 – Prices
All sales prices of the products shown on the www.montessoribf.com website are in Euros and include VAT, and where applicable, the WEEE contribution. Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made. The CUSTOMER accepts MontessoriBF’s right to change its prices at any time, however the goods shall be invoiced based on the prices indicated on the site when the order is created and indicated in the confirmation e-mail sent by MontessoriBF to the CUSTOMER. In the event of a computer, manual, technical or any other error that may result in a substantial change, not foreseen by MontessoriBF, in the sale price to the public, making it exorbitant or clearly derisory, the purchase order shall be considered invalid and cancelled and the amount paid by the CUSTOMER shall be refunded within 14 days from the day of cancellation.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products. The CUSTOMER who intends to exercise the right of withdrawal shall notify MontessoriBF by means of an explicit declaration, which may be sent by registered letter with advice of receipt. The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively send the standard withdrawal form, as per Annex I, part B , Legislative Decree 21/2014 (not compulsory), the text of which is set out below:
Model withdrawal form pursuant to Article 49(1)(h)
(complete and return this form only if you wish to withdraw from the contract)
Faustini Bruno, via molini, 10 – 38098 San Michele all’Adige, Faedo (TN)
I/We (*) hereby notify (*) my/our (*) withdrawal from the contract of sale of the following goods/services (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is sent in paper version)
Date
(*) Delete as appropriate.
If the right of withdrawal is exercised, the CUSTOMER shall return the goods within 14 days from the day on which he/she communicated to MontessoriBF his/her wish to withdraw from the contract pursuant to Article 57 of Legislative Decree 206/2005. The goods shall be returned or delivered to the premises of MontessoriBF located in via molini, 10 – 38098 San Michele all’Adige, Faedo (TN). The direct costs of returning the products shall be borne by the CUSTOMER. The goods must be returned undamaged, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, MontessoriBF shall refund the amount of the products subject to withdrawal within a maximum of 14 days, including any shipping costs. As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, MontessoriBF may suspend the refund until receipt of the goods or until the CUSTOMER proves that he/she has sent the goods back to MontessoriBF. MontessoriBF shall make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his/her right of withdrawal, he/she shall provide MontessoriBF, by accessing the contact section, with the bank details: IBAN, SWIFT and BIC necessary for MontessoriBF to make the refund. The right of withdrawal is reserved for the CUSTOMER as defined above and cannot therefore be validly exercised if the purchaser is a VAT subject and the purchase is made on a business basis with VAT registration number.
ARTICLE 8 – Legal guarantee of conformity
In the event of receipt of products that do not conform to orders or are defective, the CUSTOMER has the right to have the conformity of the product restored free of charge by repair or replacement of the product. In the event of a defective or non-conforming product, MontessoriBF shall, at its own expense, arrange for the withdrawal of the product, subject to availability to the CUSTOMER.
ARTICLE 9 – Commercial guarantee
All products presented on the www.montessoribf.com website benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product sheets of the articles. To benefit from the guarantee, the CUSTOMER must keep the purchase invoice.
ARTICLE 10 – Methods of delivery
Products shall be delivered by express courier to the address indicated by the CUSTOMER when placing the order within and no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by MontessoriBF. For each order placed on www.montessoribf.com, MontessoriBF shall issue an invoice for the goods shipped. The invoice shall be sent to the CUSTOMER’S e-mail address. The invoice shall contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated on the invoice.
ARTICLE 11 – Liability
MontessoriBF accepts no liability for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and inefficiencies of the Internet network, in the event that it is unable to execute the order within the time specified in the contract.
ARTICLE 12 – Access to the site
The CUSTOMER is entitled to access the site for the purpose of consulting and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of MontessoriBF and are protected by intellectual property law.
ARTICLE 13 – Cookies
The www.montessoribf.com website uses cookies. Cookies are electronic files that record information relating to the CUSTOMER’s browsing of the site (pages consulted, date and time of consultation, etc.) and enable MontessoriBF to offer a personalised service to its customers. MontessoriBF shall inform the CUSTOMER of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the customer from proceeding with the online purchase.
What are cookies? Cookies are small data files stored by the browser on your computer or device and then retransmitted to the same sites during navigation or on your next visit for the purpose of improving navigation of the site or to understand its use by collecting anonymous information that will only be analysed in aggregate form. Below are the types of cookies used on our website. Technical cookies: These are cookies that allow you to use the site more easily and find information more easily by simplifying the connection and transmission of data between you and the site. In particular, we use: temporary and permanent browsing or session cookies: they ensure normal navigation and use of the website by allowing, for example, to save information relating to navigation or to store data to keep the browsing session active. third party analytical cookies (Google Analytics) to collect information on the use of our site. These cookies, which are similar to technical cookies, are processed in aggregate to monitor the areas of the site that are visited most, to improve the content of the site, to facilitate its use by the user and to monitor the proper functioning of the site. Third Party Cookies: When a user uses our website, we may store some cookies that are not controlled by us. This happens, for example, if the user visits a page that contains content from a third party website. As a result, the user will receive cookies from these third-party services. Cookies do not contain any personal information unless you are logged in to your account. For example, third-party cookies could originate from: YouTube, Twitter, Facebook, Google Maps or Shopify. We do not control the storage of or access to these cookies.
How to change your cookie settings: Most browsers allow you to delete cookies from your device, block acceptance of cookies, or receive a warning before a cookie is stored. However, if the user blocks or deletes a cookie, essential site services such as the electronic shopping cart, log-in, and portal user area may not function. As a result, the functionality of the site will be extremely limited.
ARTICLE 14 – Entirety
These General Terms and Conditions of Sale comprise the entirety of the clauses making up these General Terms and Conditions of Sale. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 15 – Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are subject to Italian law. Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the Court of the Customer’s place of residence or domicile, if located in the territory of the State. In any event, it is optionally possible to have recourse to the mediation procedures set forth in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these terms and conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.
ARTICLE 16 – After-Sales Assistance
After-sales assistance shall be provided in the following manner: Contact MontessoriBF by telephone (+39) 0461 650087 or by e-mail at: info@montessoribf.com.