General conditions of online sale

General provisions

These conditions are valid exclusively between FORNACE BERNASCONI, with registered office in Via Vittorio Giuliani, 4 -05014 – Castel Viscardo (TR) – P.IVA 00496000555 , hereinafter referred to as FORNACE BERNASCONI and any person who purchases online on the website www.fornacebernasconi.com hereinafter referred to as “CUSTOMER”. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.

These conditions govern purchases made on the site www.fornacebernasconi.com, in accordance with the provisions of the Party III, Title III, Cape I, of the Consumer Code, D.lgs. n. 206/2005, modified by D.lgs. n. 21/2014 and by D.lgs. 70/2003 in the field of electronic commerce.

ARTICLE 1 – Object of the contract

With these general conditions of sale, FORNACE BERNASONI sells and the CUSTOMER remotely purchases the movable tangible goods indicated and offered for sale on the site www.fornacebernasconi.com. The contract is concluded exclusively through the internet, by accessing the CUSTOMER at the address www.fornacebernasconi.com and the creation of a purchase order according to the procedure provided by the site itself.

The customer undertakes to read these general conditions of sale before proceeding with the confirmation of his order.

ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of D.lgs 206/2005

Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER’s choice.

Before the conclusion of the purchase contract and before the validation of the order, the CUSTOMER is informed about:
– total price of the goods including taxes, with details of shipping costs and any other costs;
– terms of payment;
– conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions)

– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal.

The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to FORNACE BERNASCONI, the geographical address, telephone number, e-mail address, information that is reported on the website www.fornacebernasconi.com.

ARTICLE 3 – Conclusion and effectiveness of the contract

The sales contract is considered concluded with the confirmation of the order. The confirmation email that will arrive to the CUSTOMER contains all the data relating to the order itself.

The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify FORNACE BERNASCONI of any corrections.

FORNACE BERNASCONI undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the real product may emerge, as these are in many cases handcrafted products. In addition, the photographs of the products presented on www.fornacebernasconi.com they do not constitute a contractual element, as they are only representative.

FORNACE BERNASCONI undertakes to deliver the goods within 30 days of sending the order confirmation e-mail.

ARTICLE 4 – Availability of products

The availability of the products refers to the actual availability when the CUSTOMER places the order. This availability must however be considered virtual for artisan products and understood as availability for production.

If the CUSTOMER requests the cancellation of the order, by terminating the contract, FORNACE BERNASCONI will refund the amount paid within 14 days from the day on which FORNACE BERNASCONI was aware of the customer’s decision to terminate the contract. This is to be understood as possible only in the event that the cancellation of the order arrives BEFORE processing the order and the production itself.

ARTICLE 5 – Methods of payment

Any payment by the CUSTOMER can only be made using the methods listed in the cart.

ARTICLE 6 – Prices

All sales prices of the products indicated on the site www.fornacebernasconi.com are expressed in Euro.

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 the right of FORNACE BERNASCONI to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation e-mail sent by FORNACE BERNASCONI to CUSTOMER.

In the event of an IT, manual, technical, or any other kind of error that could lead to a substantial change, not foreseen by FORNACE BERNASCONI, of the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will 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 any penalty and without specifying the reason, within 14 days from the date of receipt of the products.

The CUSTOMER who intends to exercise the right of withdrawal must notify FORNACE BERNASCONI by means of an explicit declaration, which can be sent by registered letter with return receipt.

In case of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to FORNACE BERNASCONI his will to withdraw from the contract pursuant to art. 57 del D.lgs 206/2005.

The direct costs of returning the products are charged to the CUSTOMER. The cost is estimated to be equal to the transport of the goods for a total of € 10.00 + VAT.

The goods must be returned intact, in the original packaging, complete in all its 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, FORNACE BERNASCONI will refund the amount of the products subject to withdrawal within a maximum period of 14 days.

As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, FORNACE BERNASCONI may suspend the refund until receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to FORNACE BERNASCONI.

ARTICLE 8 – Legal guarantee of conformity

In case of receipt of non-compliant or defective products, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing the product.

ARTICLE 9 – Delivery methods

The products will be delivered to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by FORNACE BERNASCONI.

ARTICLE 10 – Liability

FORNACE BERNASCONI assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fails to execute the order within the time stipulated in the contract.

ARTICLE 11 – Access to the site

The CUSTOMER has the right to access the site for consultation and making purchases if he has created an account during the purchase phase.

ARTICLE 12 – Cookies

The website www.fornacebernasconi.com uses ”cookies”. Cookies are electronic files that record information relating to the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc.) and that allow FORNACE BERNASCONI to offer a personalized service to its customers.

ARTICLE 13 – Integrity

These General Conditions of Sale are made up of all the clauses that compose them.

ARTICLE 14 – Applicable law and competent court

These General Conditions of Sale are subject to Italian law.

Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence of FORNACE BERNASCONI.

In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr .

General conditions of sale updated on september, 14 2017