For the purpose of these general sales conditions for the Site, and in addition to the other definitions referred to therein, the following terms will be defined as following.
A.1 " General Conditions": are all of the sales conditions on the Site, applicable in the contract between B&P Solutions Corporation and the Customer.
A.2 The General Conditions applicable are those in effect the moment the product order is placed by the customer.
A.3 "B&P Solutions Corporation" or " the Company" is B&P Solutions Corporation Ltd., corporation that owns the Site and sells Products belonging to its stock to professionals and Consumers through its Internet Network. The Company has a head office in the United Kingdom located in Salisbury House, 81 High Street, Potters Bar, Herts EN6 5AS, and a branch office in Italy located in via Abate Zani 56/C, 43036 Fidenza (PR), which is registered in the Company Registry of Parma, with REA no. 264299 and VAT number 02755670342.
A.4 "Products": all of the products and/or goods and/or services sold by B&P Solutions Corporation through the Site and that belong to its product catalogue.
A.5 "The Customer": is the natural or juridical person that buys Products from B&P Solutions Corporation through the Site.
A.6 "The Consumer": is the person that buys Products their own individual use and not for business, commercial or professional activities.
A.7 "Site": all Webpages that can be consulted on the Internet in the site www.onsurprise.com.
B) OBJECT OF THE ONLINE CONTRACT
Sales made on the Site constitute distance contracts governed by Chapter I, Title III (Article 45 et seq.) of the Italian Legislative Decree of September 6, 2005, no. 206 (“Consumer Code”), Italian Legislative Decree of April 9, 2003, no. 70 regarding electronic commerce regulation and The European Directive on Consumer Rights (2011/83/EU).
C) CONTRACT FORMALIZATION
C.1 Registration is necessary to purchase products on the Site. To place an order, individuals must be at least 18 years old. The Customer guarantees that the personal information provided during the registration process to the Site is complete and correct. The Customer will not hold B&P Solutions Corporation responsible for any damages, claims and/or penalties arising from and/or in any way related to a violation of the Site’s registration rules on behalf of the Customer or on the retention of login credentials.
C.4 The sales contract is conditioned to the payment of the amount due. In the event such payment does not occur, the contract is automatically terminated. If this is the case, the order will be cancelled and the customer will be notified immediately: (i) via the Site, immediately after processing the order, if the payment method chosen was credit card (ii) via e-mail, if the Customer chose another payment method amongst those accepted by B&P Solutions Corporation.
C.5 In the event of unusual orders given the quantity of products purchased or the frequency of purchases, B&P Solutions Corporation reserves the right to take all necessary action to end irregularities.
C.6 On confirmation of the information provided by the Customer, B&P Solutions Corporation will send an order confirmation to the Customer via the e-mail address they indicated.
C.7 B&P Solutions Corporation reserves the right to reject or cancel orders from Customers with which it has ongoing legal disputes; Customers that have violated these general sales conditions; Customers who have been involved in any type of fraud and, specifically, fraud related to credit card and/or electronic payments; Customers who have provided false, incomplete or inaccurate identification information.
D) DELIVERY AND INVOICE
D.1 B&P Solutions Corporation delivers the Products selected and ordered as specified in the article above, to the Customer via courier or trusted transport agency, or with its own staff. Products purchased on the Site will be sent and delivered to the postal address provided by the Customer in the order form. Different delivery methods (ex: weekend or evening delivery) are made available to the Customer when applicable, the cost and terms of each one of these forms are indicated during the purchasing process, before the Customer proceeds to place the order.
D.2 Delivery will be made to the ground floor, unless the Customer has indicated otherwise and except in cases where the Customer has chosen delivery to their floor. Delivery takes place Monday through Friday during office hours (from 9:00 to 18:00) excluding national holidays, unless the Customer has chosen a different delivery method at a specific time or on appointment.
D.3 The Customer acknowledges that the reception of the product purchased on the Site is their obligation. If the delivery mode chosen by the Customer does not foresee delivery at an agreed time and the recipient is absent in the moment of delivery, the courier will leave note of passage. The note will include the necessary information so the Customer can contact the courier to arrange the package’s collection or delivery. After a failed delivery attempt, the package is stored by the courier. The Customer must collect the package within 3 business days from the second day following the date the courier left the note of passage. In the event the Customer does not retrieve the package in such time, the sales contract will be automatically terminated following Article 1456 of the Italian Commercial Code. Within 15 business days from the termination of the contract, B&P Solutions Corporation will proceed to the reimbursement of the total amount paid by the Customer, minus the shipping & handling costs, the return costs to B&P Solutions Corporation and any other expense incurred by the failed delivery due to customer absence. The termination of the contract and refund amount will be communicated to the customer via e-mail. If the payment was made by credit card or PayPal, the amount will be refunded through the same means of payment used by the Customer for purchase. Any refund delay may depend on the bank, type of credit card or payment method used. In other cases, B&P Solutions Corporation will ask the Customer, via e-mail, to provide the bank details needed to carry out the refund.
D.4 The Customer must indicate any special characteristics of the product’s delivery location and/or its address through a comment when placing the order, in the designated space provided in the last section of the purchase process before placing the order. If the Customer fails to indicate such information or the information is incorrect, they must incur any additional expenses B&P Solutions Corporation must bear to complete the delivery.
D.5 Delivery time, unless indicated otherwise, starts to run from the moment the order is shipped. The specific delivery time of each order is indicated in the order confirmation. If the delivery time is not specified, it will in any case take place within thirty days from the conclusion of the sales contract. In all cases, delivery of the products to the Customer is subject to the Customer’s payment of the established price through one of the payment methods made available by B&P Solutions Corporation.
D.6 Where B & P Solutions Corporation does not fulfill its obligation to deliver the Products within the agreed period or by the date referred to in Article D.5, the Customer must proceed to establish an additional delivery date appropriate to the circumstances. If even the additional delivery period granted expires and the goods have not yet been delivered, the Customer will be entitled to terminate the contract, and will be entitled to a refund of the amount paid for the non delivered Products.
D.7 In regards to Article D.6, the Customer is not obliged to establish an additional delivery date when:
(i) B&P Solutions Corporation has explicitly refused to deliver the goods, or;
(ii) the delivery date deadline agreed to by the parties for the delivery of the goods was regarded as essential, considering all the circumstances leading to the conclusion of contract, or;
(iii) prior to the conclusion of contract, the Customer had explicitly informed B&P Solutions Corporation that delivery within or on a specific date was considered essential.
D.8 If the Customer does not receive the goods within the established period as is set out in Articles. D.5, D.6 and D.7, the Customer will be entitled to immediately terminate the contract and will be entitled to a refund of the amount paid for the non delivered Products.
D.9 In the event of contract termination under Articles. D.6, D.7 and D.8, B&P Solutions Corporation will refund the total amount paid by the Customer within 15 working days from the contract’s termination. If the payment was made by credit card or PayPal, the amount will be refunded through the same means of payment used by the Customer for purchase. Any refund delay may depend on the bank, type of credit card or payment method used. In other cases, B&P Solutions Corporation will ask the Customer, via e-mail, to provide the bank details needed to carry out the refund.
D.10 Product ownership will be transferred to Customer at the time of shipment, to be understood as the moment the Product is delivered to the courier ("shipping"). The risk of Product loss or damage for reasons external to B&P Solutions Corporation, will however, be transferred to the Customer only when the Customer or a third party designated by them, other than the courier, is physically in possession of the products.
D.11 B&P Solutions Corporation issues fiscal documents (invoices) using the information provided by the Customer when registering on the Site. During shipping, a PDF copy of the invoice will be made available to the Customer in the designated section. In accordance with current tax laws, the Customer is responsible for downloading and printing the document.
E.1 All Product prices shown on the Site are in Euro or UK Pounds, VAT included, and when applicable, include WEEE charges. Shipping fees are excluded, they may vary depending of the delivery and/or payment method of choice. Shipping fees are explicitly indicated (in Euro and including VAT) during the purchasing process before the Customer is bound by the sales contract, in the order summary and order confirmation e-mail.
E.2 B&P Solutions Corporation reserves the right to change Product prices at any time, and even, possibly, several times on the same day. The Product price that will be charged to the Customer will remain the price indicated in the order summary shown to the customer before completing the order and will not take into account any changes (increases or decreases in price) after the order’s placement.
E.3 In the event that a Product is offered at a discounted price on the Site, the full price with which the discount is calculated will also be shown on the Site.
E.4 If the Customer meets the legal requirements and wishes to request the application of a preferential VAT, they must contact B&P Solutions Corporation to provide the documentation required.
F) PRODUCT AVAILABILITY
F.1 Each Product has its own information page that shows its main features ("product description"). A specific section of this page contains information on the Product’s availability.
F.2 Product availability is constantly updated. However, because the site is visited by multiple users at once, it is possible that more than one user purchases the same product at the same time. In such cases, the product might appear in stock for a short period of time, even though it might actually be sold out or not available immediately, given it’s necessary to restock.
F.3 If the Product is no longer available for the reasons indicated above, or in other product unavailability situations, the Customer may exercise their lawfully granted rights, specifically those described by Chapter XIV, Title II, Book IV of the Italian Civil Code, B & P Solutions Corporation will immediately notify the Customer by e-mail or phone. The Customer will then be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and for the effects of the provisions of Article 61, fourth and fifth paragraph, of the Italian Consumer Code.
Alternatively, and subject to the right of termination, the Customer can accept one of the following options: (i) an extension of delivery time when product restock is possible, indicating the new delivery date of the restocked Product;
(ii) if Product restock is not possible, the delivery of a different product of equal or greater value, in the latter case, upon payment of the price difference and upon explicit agreement by the Customer.
F.4 In the event of a multiple Product order, if only some of the Products in the order are unavailable, the Customer may execute their lawfully granted rights, specifically those described by Chapter XIV, Title II, Book IV of the Italian Civil Code, and subject to the application of Article. F.3, B&P Solutions Corporation will immediately notify the Customer. The Customer will then be entitled to immediately terminate the contract limited to the Product and/or Products that became unavailable, subject to the right to compensation for damages, pursuant to and for the effects of the provisions of Article 61, fourth and fifth paragraph, of the Italian Consumer Code.
Alternatively, and subject to the right of termination, the Customer can accept one of the following options proposed by B&P Solutions Corporation:
(i) an extension of delivery time for the Products in the order that became unavailable when restock of such Products is possible, indicating the new delivery date of the restocked Products;
(ii) if it is not possible to restock the Product and/or Products that became unavailable, the delivery of different Products of equal or greater value than those that became unavailable in the order, upon payment of the price difference and upon explicit agreement by the Customer.
F.5 In the event the Customer choses to terminate the contract under Article 61, fourth and fifth paragraphs of the Italian Consumer Code, B&P Solutions Corporation will refund the Customer within 14 business days. The refund will be determined by the amount paid by Customer: the price of the Product or Products, the delivery costs, if applicable, and any other additional cost resulting from the order.
F.6 The refund amount will be communicated to the Customer via e-mail. If the payment was made by credit card or PayPal, the amount will be refunded through the same means of payment used by the Customer for purchase. Any refund delay may depend on the bank, type of credit card or payment method used. In other cases, B&P Solutions Corporation will ask the Customer, via e-mail, to provide the bank details needed to carry out the refund. The sales contract’s termination, in accordance with the Articles above, entails the termination of any related credit contract and any other ancillary contract.
G) PRODUCT DESCRIPTION
Each Product has its own information page that shows its main features ("product description"). Images in the Site’s product descriptions reproduce the Product’s features as closely as possible. However, the Product’s colors on the Site may differ from its actual colors due to the user’s computer display settings. Product images on the Site may also differ in size or in regards to any Product accessories. These images must thus be considered for illustrative purposes. For the purposes of the sales contract, the valid features of the Product are those contained in the product description at the time the Customer processes the order.
H) LIABILITY of B&P Solutions Corporation ltd
B&P Solutions Corporation is not to be held responsible for a disruption of services due to a force majeure event of any nature and kind, in the case it is no longer possible to deliver the ordered Product on the previously established delivery time. Force majeure events include, but are not limited to, Public Authority measures, company employee strikes, strikes by employees of other companies or employees of couriers used by B & P Solutions Corporation, as well as any other circumstance that is out of B&P Solutions Corporation’s control or does not depend on the company.
I) RIGHT OF RETRACTION
I.1 In accordance with European Directive 2011/83, the Customer, as a Consumer has the right to withdraw from the sales contract without needing to state any grounds of retraction and without having to incur any costs other than those established in the following Articles I.5, I.6 and I.7, within the fourteen (14) calendar day “Retraction Period”. Customers that do not fall into the category of Consumers are not entitled to the Right of Retraction. The Retraction Period expires after 14 calendar days:
(i) in the case of a single Product order, starting from the day when the Customer, or a third party indicated by the Customer other than the courier, physically receives the Product;
(ii) in the case of a multiple Product order with separate deliveries, starting from the day when the Customer, or a third party indicated by the Customer other than the courier, physically receives the last Product;
(iii) in the case of an order for a Product consisting of multiple items or pieces starting from the day when the Customer, or a third party indicated by the Customer other than the courier, physically receives the last item or piece.
I.2 To exercise the Right of Retraction, the Consumer must inform B&P Solutions Corporation, before the Retraction Period expires, of their decision to withdraw from this sales contract by an unequivocal statement. To this end, the Consumer must contact B&P Solutions Corporation’s Customer Service Department providing the order details.
In case of a partial withdrawal, in addition to the order details, the Customer must also provide the Product(s) Code(s) for the purchased items on which they intend to exercise the Right of Retraction. The Customer must send a notice by registered mail, fax or e-mail with a signed, written request expressing the intention to exercise the Right of Retraction, including all of the information described above.
I.3 Within 14 calendar days from the retraction’s approval, the Customer must send back the Product(s) for which they’re exercising their Right of Retraction, covering their shipping costs. In no cases will packages in COD be withdrawn.
I.4 If the Customer retracts from the contract, B&P Solutions Corporation will refund the total amount paid by the customer for the Product on which they’re exercising their Right of Retraction, including shipping charges, except any additional charges that result from the Customer's choice of a delivery type other than standard delivery, without delay and always within 14 calendar days from the date when B&P Solutions Corporation was informed ofthe Customer’s decision to withdraw from the contract. B&P Solutions Corporation may withhold the reimbursement until they have received the goods back or until the Customer proves the Products have been sent back, depending on which situation occurs first.The refund will be made using the same payment method employed by the Customer in the initial transaction, if the payment was made by credit card or PayPal unless there was an express agreement with the Customer otherwise. In other cases, B&P Solutions Corporation will ask the Customer, to provide the bank details needed to carry out the refund, unless there was an express agreement with the Customer otherwise. In the case of partial withdrawal, B&P Solutions Corporation will calculate the shipping costs that will be refunded to the Customer with regards to the Right of Retraction. Excluding the shipping costs for returning the Product(s) on which the Right of Retraction was exercised, which the Customer must entirely incur, the Customer will not undertake any expense as a result of such refund.
I.5 The customer is only required to pay compensation for a loss in value of the product if such loss in value is attributable to their handling of the product which goes beyond what is necessary to examine their features, characteristics and functionality. The customer shall handle and inspect the goods with due diligence and return it in integral condition, including everything it originally contained, fully functioning, with all its accessories, its user's manual, bar code, label and disposable seal integral and, when present, still attached to the Product, which shall be perfectly suitable for its intended use, free of signs of wear or dirt. Moreover, the Right of Retraction applies to the Product in its entirety. Therefore, it cannot be exercised in relation to Product parts and /or accessories. If the Product’s bar code is on the Product’s package, like with electronic products, it’s considered part of the product and, as such, the Product must be returned in its original package, which must be placed inside another package, in order to guarantee no labels or tapes are placed on it.
I.6 In the event that the withdrawal was not completed in accordance with applicable legislation, the contract will not be terminated, and consequently, the Customer will not be entitled to any refund. B&P Solutions Corporation will notify the Customer if their retraction request has been rejected, via e-mail, within 5 business days from receiving the Product. In this case, the Product will be held at B&P Solutions Corporation available to the Customer for withdrawal, which must take place at the expense and exclusive responsibility of the Customer.
I.7 If the Product regarding the Right of Retraction undergoes a decrease in product value as a result ofits handling beyond what is necessary to examine its features, characteristics and functionality, the refund amount will be reduced by an amount equal to the decrease in value. B&P Solutions Corporation will notify the Customer of the situation and the consequent reduction of the refund amount, via e-mail, within 5 business days from receiving the Product, while providing the bank details for payment of the amount due by the Customer given the Product value decreased, in cases where the refund has already taken place.
I.8 In the event that the right of withdrawal was exercised in accordance with the provisions of Articles. 52 et seq. of the Italian Consumer Code, by a customer who has chosen a payment method by installments, the financing agreement will terminate automatically, without penalty, in accordance with Art. 58 of the Italian Consumer Code.
L) LEGAL GUARANTEE
L.1 All of the Products sold on the Site have a legal guarantee as prescribed by Art.128-135 of the Italian Consumer Code (“Legal Guarantee”) and The European Directive on Consumer Rights (2011/83/EU).
L.2. Legal Guarantee is reserved to Consumers.As such, it applies only to users that have made purchases on the Site for a scope other than a commercial, business or professional activity. Those who purchase on the Site but don’t fall under the category of Consumers have a legal guarantee as laid down by the Italian Civil Code (Art. 1490 et seq.), which lasts for one year after the Product’s delivery and must be claimed by the buyer within 8 days from the defect’s discovery.
L.3 B&P Solutions Corporation is responsible towards the Consumer for any conformance defect that is present from the Product’s delivery and that appears in the 2 years following the delivery. A conformance defect must be reported to B&P Solutions Corporation within two months from the date of its finding, or the guarantee will no longer be valid. Unless proven otherwise, it’s assumed that conformance defects that show up within six months from the product’s delivery date were already present before such date, unless this assumption is incompatible with the nature of the product or the nature of the conformance defect. Starting from the seventh month after the product’s delivery, the customer will be the one responsible for proving the compliance defect existed prior to the delivery.
L.4 The purchased product has a conformance defect when:
L.5 Hence, product defects or malfunctions caused by the Consumer, accidents, misuse and/or a different use from that specified in the product’s instruction manual are all excluded from the Legal Guarantee described in Articles L).
L.6 In cases of rightfully claimed conformance defects within the given terms, the Consumer firstly has the right to have the Product repaired or replaced, at their choice, unless the requested means is impossible or excessively costly in comparison to another. Secondly, (if repair or replacement is impossible or excessively costly) the Consumer can choose between price reduction or contract termination.
L.7 In case a Product shows what could be a conformance defect during the course of its Legal Guarantee period, the customer should contact Customer Service using the contact information provided in Article P, that follows. B&P Solutions Corporation will provide a timely reply to the alleged conformance defect claim and will indicate the specific procedure that follows to the Customer, considering the Product and claimed defect’s category.
L.8 B&P Solutions Corporationwill collect the Product and send it to a competent Technical Service Centre, or if the Product type requires it, will agree with the Customer on a date for assistance on site. In any case, the Technical Service Centre will make the necessary revisions to confirm or deny the existence of the conformance defect claimed. If the Service Centre confirms the conformance defect, all repair/replacement and transport expenses will be covered by B&P Solutions Corporation. If the Technical Service Centre does not find a conformance defect, then the Legal Guarantee will be considered void and any shipping, repair and replacement costs will be entirely at the Customer’s expense. B&P Solutions Corporation will notify the Customer of the situation and of any costs to cover from the Product’s repair or replacement. The Customer must authorize in writing that the repair or replacement at their own expense.
L.9 In all cases, repair or replacement of flawed Products, if required, will take place as quickly as possible and, except in rare cases or force majeure events, within 60 calendar days from the day B&P Solutions Corporation received the flawed Product. Only when fixing or replacing the Product was not possible in such period, the Customer can then proceed to choosing another alternative remedy covered by the Legal Guarantee (replacement, when Product fixing had been chosen; Product fixing, when replacement had been chosen; price reduction or contract termination).
M) MANUFACTURER COMMERCIAL GUARANTEE
Products sold on the Site could be covered by a commercial guarantee offered by the manufacturer (“Commercial Warranty”). The Customer can exercise this guarantee with the Manufacturer only. The duration, extent (including applicable locations), conditions, request procedure, types of flaws/defects covered and any other Commercial Warranty limitations depend on the individual manufacturer and are indicated in the warranty certificate inside the Product’s package. Commercial Warranty is optional and does not add to, substitute, limit, affect nor exclude the Legal Guarantee
N) ONLINE PAYMENTS
Payments made by credit card or other electronic forms are made via a secure connection, directly linked to the Bank Institution or the online payment service provider B & P Solutions Corporation has partnered with. B&P Solutions Corporation is not in possession of the Customer's credit card information and can not be held responsible for any fraudulent use of the card in question.
O) DISPUTES AND APPLICABLE LAWS
O.1 Any dispute regarding the application, execution, interpretation and violation of the sales contract conducted online between the Customer and B&P Solutions Corporation is governed by Italian law.
O.2 For anything not specified in this document, the valid law is that applicable to the relationship and case provided for in the contract concluded online between the Customer and B&P Solutions Corporation.
O.3 The only court of jurisdiction applicable is the Court of Parma. In the case of purchases made by Consumers, the applicable jurisdiction court is that of the Consumer’s place of residence.
O.4 All Customers that reside in a European Union Member State other than Italy, also have access to the European Small Claims Procedure by Regulation (EC) No 861/2007 of 11 July 2007, in any dispute concerning the application, implementation and interpretation of these general sales conditions , provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The Regulation’s text is available on the website www.eur-lex.europa.eu.
P) SUPPORT AND CLAIMS
The Customer can contact B&P Solutions Corporation for any information or claim through the following:
phone: +39 02 40030398
fax: +39 0524 201510
mail: B&P Solutions Corporation Ltd., via Abate Zani 56/C, 43036 Fidenza (PR), Italy