GENERAL CONDITIONS OF ON-LINE SALE
1) SUBJECT OF THE ON-LINE CONTRACT AND ITS DEFINITION
This «On-Line Contract» is a distance contract for the purchase of goods agreed between Service Store S.r.l., V.A.T. nr. 04188350286, hereinafter referred to as the
«Supplier», and the Customer, either a Consumer or a Professional, as part of a distance sales system organized by the Supplier, which only uses Internet technology.
All On-Line Contracts must be concluded directly via Customer access to the Website address: www.bagport.eu.
In compliance with Legislative Decree nr. 206/2005 (Consumer Code), the current clauses for the Consumer-Customer, hereinafter referred to as the
«Consumer», only refers to a natural person who concludes the contract for reasons other than the business or professional activities they may carry out.
The term Professional Customer, hereinafter referred to as the «Professional», refers to the subject, natural person, public or private legal person or body, who concludes the contract acting on behalf of his/her own business or professional activity.
The term «Customer» refers to the purchaser in general, either a Consumer or a Professional.
2.1. The contract agreed between the Supplier and the Customer is considered concluded when the Supplier accepts the order.
The Customer is notified of this acceptance in an e-mail specifying Order Confirmation. On placing an order in accordance with the arranged procedures, as per Clause 3 below, the Customer declares that he/she has read all the instructions provided during the purchasing process and therefore fully accepts the general conditions of sale and the methods of payment given below.
2.2. It is strictly prohibited to insert false and/or fictitious personal data on the data collection forms required to complete the order.
2.3 It is also prohibited to insert data relating to third parties or register more than once for one single Customer.
3.1) In compliance with and for the purposes of Article 12 of Legislative Decree nr.70/2003 and the Consumer Code, the procedure the Customer must follow to place a valid purchase order is described as follows:
- Enter the Service Store website at the address: www.bagport.eu;
- Search for the required product using BAGS SELECTOR;
- To place an order, click ITEM PHOTO;
- Select "IN CART" next to the related number of items you wish to purchase;
- When the Product is selected, it is inserted in the Customer’s purchase “cart”;
- Proceed with the order by selecting "PURCHASE" or continue with purchasing other products by selecting "CONTINUE THE PURCHASE":
- The system displays a "REGISTRATION" page required for shipment and invoicing.
- After the registration stage, select "CONCLUDE THE PURCHASE" which will automatically proceed to the "ORDER SUMMARY" page. Now you can insert the “COUPON CODE”(if you have one).
- To correct and /or change your order, select the "CART" option, then make the required changes to the order and select "RECALCULATE". It must be pointed out that the system only records the changes made to the order when the "RECALCULATE" function is selected.
- Select the required method of payment from those offered by the system to conclude the order;
- When selecting the method of payment by credit card, follow the connection to the websites directly protected, run and controlled by the Credit Institution involved. The concluded contract will be filed and printed in paper form at the Supplier’s headquarters. The Customer is entitled to view the filed contract by making a request to the following e-mail address: assistance@bagport.eu.
3.3 Once the on-line purchase process has been concluded, the Customer must print or save an electronic copy and retain the current general conditions of sale in compliance with Article 50, and any subsequent articles, of Legislative Decree nr. 206/2005 (Consumer Code) concerning distance sales.
When the Supplier forwards the Order Confirmation, this implies that the Customer is fully aware of articles and fully acknowledges them.
3.4 The Supplier denies all liability for damages, either contractual or non-contractual, in connection with the Customer or third parties due to the non-acceptance, even partial, of an order by the Supplier.
4 . SELLING PRICES AND PURCHASE PROCEDURES
4.1. All selling prices of products included and specified on the website: www.bagport.eu include V.A.T. The prices of products are subject to variation at the Supplier’s discretion.
In all circumstances, once the Customer has placed an order for a Product, the price of this Product shall not be subject to variation.
Shipment costs must be added to the specified prices, and these shall be calculated according to the size of the shipment. The cost of transport, either national or international, is duly highlighted on the appropriate page of the website at the time of order registration. The Customer must view this before confirming the purchase, and it shall be entirely charged to the Customer.
In the event of any urgent requests or special deliveries, the costs to be charged to the Customer shall be calculated each time and shall be charged cash on delivery. For any further information, please contact: assistance@bagport.eu. For shipment overseas, the Customer shall be charged for any additional costs due to taxes or customs duties and/or any other costs imposed by current regulations in the country of destination. These costs shall be calculated each time. For further information, please contact: assistance@bagport.eu.
4.2. The Customer may only purchase the Products available in the catalogue at the time the order is forwarded, which may be viewed on-line at the following address: www.bagport.eu, as explained in the informative sheets concerned.
Let it be clearly understood that the image on the Product sheet may not perfectly represent its characteristics.
5.1. Credit card: with this form of payment, when the on-line transaction is concluded, all the information required by the system (card number, expiry date, etc.) shall be automatically forwarded, by encrypted protocol, to the Customer’s Credit Institution, which shall make a charge to the Customer’s current account as payment of the sum for the purchase made.
5.2 Cash-on-delivery: with this form of payment, the Customer shall pay the sum for the purchase made at the time the Customer receives the goods, with an additional fixed charge of 10 euros for Italy and 15 euros for all other EU countries. This cash-on-delivery option means that payment must be made in cash (Cash-on-delivery is not available for all European countries; therefore if this option does not appear at the time of purchase, this means that in that country this form of payment is not available).
5.3 In the event that the Customer withdraws from the contract, explained in Clause 9 to follow, or the Supplier withdraws, in the event of non-acceptance of the order, the Credit Institution shall be asked to cancel the transaction.
5.4 Once the operation of cancelling the transaction has been carried out, under no circumstances shall the Supplier be held liable for any direct or indirect damage caused to the Customer due to any delay in the operation of cancelling the transaction requested of the Credit Institution, which remains exclusively accountable.
5.5 The Supplier reserves the right to ask the Customer to send a copy of the Customer’s identity documents to prove that the Customer is the holder of the credit card used for payment. If the requested documents are not provided, the Supplier reserves the right not to accept the order and therefore not to conclude the contract.
5.6 For all legal purposes, it must be pointed out that at no time during the purchase process shall the Supplier be aware of the data concerning the purchaser’s credit card, which is directly transmitted via protected connection to the website of the Credit Institution that handles the transaction. This data shall not be stored in any IT file belonging to the Supplier. Consequently, under no circumstances can the Supplier be held liable for any fraudulent and/or illicit use of the Customer’s credit card by any third parties.
6.1. Shipment and delivery: the Supplier shall make provision to send the selected and ordered Products to Customers, at the address specified at the time of ordering, according to the procedures given in this clause, via the Supplier’s preferred couriers / forwarding agents (hereinafter referred to as the "Couriers"). On delivering the purchased Products to the Courier, the Supplier is released from any obligations concerning the Contract.
The Supplier denies all liability for any non-delivery or delayed delivery of the Products to the Customer and/or for any total or partial damage to these goods or their integrity, for which the Courier is exclusively liable.
6.2.2. At the time the goods are delivered by the Courier to the Customer, the latter is required to check:
- That the quantity and the quality of the ordered goods corresponds to the specifications on the delivery note;
- That the packaging is intact, undamaged and neither wet nor deteriorated. This also applies to its packaging.
Once the Courier’s document has been signed, the Customer has accepted the delivery of goods in the condition in which they are found and shall not be entitled to present any complaint to the Supplier concerning the external characteristics of the delivered goods.
6.3. Delivery times: the goods shall be delivered no later than 4-5 working days after the day the Order Confirmation is sent by e-mail from the Supplier to the Customer.
In all circumstances, the Supplier undertakes to execute the order within 30 days of the day following the one on which the Customer sent the order, in compliance with Clause 54 of the Consumer Code, except in the event that the ordered products are not stock at the time of ordering. In this case, the Supplier shall immediately notify the Customer that the ordered Products are not in stock, alternatively offering the Customer the option of purchasing other Products of the same value and quality as the ordered ones, or of cancelling the order, reimbursing the amount already received as payment.
6.4. Delays in delivery: the Supplier shall not be liable for any delays in delivering the goods.
6.5. Damage due to transport: the Supplier denies all liability for any damage caused by the Courier concerning the delayed delivery of the goods to the Customer or to third parties, since the Supplier is released from all obligations at the time the Products are handed over to the Courier.
6.6. Non-delivery: if the Courier is not able to deliver the goods due to the absence of the recipient or the person appointed to receive them, the Courier shall deposit the Products in his warehouse, whose address shall be written on an appropriate card and left at the place of delivery. After 10 days of storing them in the warehouse, any uncollected goods shall be sent back to the Supplier. Any direct or indirect costs of returning the goods to the Supplier shall be entirely charged to the Customer. However, if the Customer should wish to receive the non-delivered Products which have already been returned by the Courier to the Supplier, the Customer must immediately request them from the Supplier company by e-mail at the following address: assistance@bagport.eu. All the costs of sending the Products again shall be charged to the Customer.
6.7 Delivery costs: all delivery costs shall be borne by the Customer and are clearly specified separately from the price of the Products at the time of ordering, as already provided for in Clause 4 above.
6.8. Issuing an invoice: for any order placed with www.bagport.eu, the Supplier shall issue an invoice, which shall be sent within 30 days of sending the goods, specifying a list of all the items sent.
For issuing the invoice, the information supplied by the Customer at the time of ordering shall be observed.
6.8b. Issuing a Delivery Note (DN): for any order placed with www.bagport.eu, the Supplier shall issue a delivery note, which shall be sent with the goods, specifying a list of all the items sent.
For issuing the delivery note, the information supplied by the Customer at the time of ordering shall be observed.
6.9. If the delivered goods should not correspond to the ordered goods, the Supplier must be promptly notified, within and no later than two weeks after the date the Products were delivered to the Customer. 7. PRODUCT AVAILABILITY
7.1. The Customer may only purchase the products specified in the available e-catalogue, which can be viewed on the website: www.bagport.eu. A purchase may only be made in relation to the actual specific quantity of goods in the warehouse.
7.2. If the goods are not in stock in the quantity required by the Customer, the Supplier shall send notification of this by e-mail to the address given at the time of registration, listing all the information required on the Products and the expected Times for the provision of the goods.
In the event that the Products requested by the Customer are temporarily or permanently out of stock, the Supplier shall contact the Customer by e-mail or telephone. The Supplier shall notify the Customer of the times required to restock the Product and, as an alternative, shall suggest the option of purchasing other Products of the same value and quantity as the ordered ones, or cancelling the order, reimbursing the amount already received as payment.
8.1. The Supplier shall not be held liable for any faulty services due to force majeure and/or fortuitous events, indicative but not exhaustive, such as accidents, thefts and /or robberies from the Supplier or the Courier appointed to deliver the goods, fires, explosions, strikes and/or closures, earthquakes, floods or other similar events that may entirely or partially prevent the Supplier from fulfilling the Contractual obligations according to the established times and terms.
8.2 Moreover, the Supplier denies all liability for any damage, loss and /or costs incurred due to the non-fulfilment of the contractual obligations for the aforementioned reasons, since the Customer is only entitled to a reimbursement of the price already paid.
9.1. In compliance with Clause 64 of the Consumer Code, only the Consumer Customer is entitled to withdraw from the purchase contract for any reason, without any obligation to provide explanations and without any penalty, according to the procedures and terms specified below. Instead, the Professional Customer may only exercise his/her right to withdraw from the contract with the consent of the Supplier.
In order to exercise the right to withdraw, the Consumer must send written notification to the Supplier’s headquarters by registered letter with return receipt within 10 working days of receiving the goods.
This notification may also be sent by e-mail, within the same number of days, provided that confirmation of this is sent by registered letter with return receipt within the following 48 hours. The registered letter is considered sent in good time if it is delivered to the accepting post office within the aforesaid time of within 10 working days of the delivery of the goods.
This notification of receipt is not, however, an essential requisite for exercising the right to withdraw.
Notification of withdrawal must be sent by registered letter with return receipt to the following address:
Service Store S.r.l.
Assistenza Tecnica Clienti ON-LINE
-Via Pioga, n. 91 - 35011 Campodarsego (PD) ITALY -
In compliance with Clause 67 of the Consumer Code, the integrity of the goods to be returned is an essential condition for exercising the right to withdraw.
When returning goods, it is essential for the Consumer to attach the relevant bar codes to the Products, given on the internal bag of the packaging and on the pendant attached to the Product.
The only charges made to the Consumer for exercising this right to withdraw in compliance with this clause are the direct costs of returning the goods to the Supplier. If the right to withdraw is exercised by the Consumer in compliance with the provisions in these clauses, the Supplier is obliged to reimburse the amounts paid by the Consumer. The Consumer shall be charged for the shipment costs already borne by the Supplier. The reimbursement shall be made free of charge within 30 days of the date on which the Supplier was notified of the Consumer’s decision to exercise the right to withdraw. The amounts shall be considered reimbursed within the time limit if they are actually returned, sent or credited within the aforesaid expiry period.
The Customer must wait for instructions from the Supplier in order to return the goods and must not return the goods C.O.D., as they shall be automatically refused. 9.2. In all circumstances, the right to withdraw is subject to the following conditions:
- This right applies to the entire product purchased; the right to withdraw cannot be exercised only concerning part of the purchased product;
- This right cannot be applied to made-to-measure products or ones that are clearly customized.
In all circumstances, the Supplier shall not be liable in any way for damage or theft/loss of goods returned by uninsured shipments.
9.4. The Consumer shall be responsible for promptly providing his/her bank details for crediting the reimbursement (Bank code and Branch code – Current Account – the CIN code of the person to whom the invoice is made out).
10. COMPANY PURCHASES
10.1 In the event of purchases of Products in large quantities, Professional Customers may directly contact the Supplier by e-mail at the following address: assistance@bagport.eu.
11. WARRANTIES
11.1. All products sold by the Supplier are covered by the manufacturer’s official warranty, valid for 24 months from the date of delivery, in accordance with the terms specified in the appropriate warranty document included in the packaging of each Product.
IMPORTANT: IT IS ESSENTIAL TO CHECK YOUR LUGGAGE AT THE TIME IT IS DELIVERED BY THE CARRIER. IF ANY DAMAGE IS FOUND, A CLAIM MUST BE MADE TO THE CARRIER (WHICH IS INSURED AGAINST DAMAGE TO PASSENGERS’ LUGGAGE), IN THE PLACE OF ARRIVAL, PREFERABLY BEFORE GOING THROUGH CUSTOMS. http://www.iatatravelcentre.com/e-ticket-notice/Italy/Italian/
For further information on the protection of the traveller and his/her luggage, we recommend the following websites:
http://www.tsa.gov/
http://www.iata.org
To make use of the warranty, the Customer must keep the accompanying invoice that he/she receives at the time of delivery.
11.2 The warranty applies to the product that shows non-conformities and/or faults not found at the time of purchase, provided that the product is used correctly, with due diligence and according to its intended use and to the provisions specified on any attached document.
12.1 In compliance with Legislative Decree nr.196 (Privacy Code) of 30/6/2003, the Supplier shall notify the Customer, the interested party, that the personal data he/she provides for the purposes of this contract shall be processed using tools for collection, registration, organization, processing and retention of this data under conditions with limited and controlled access, as per statutory provisions.
Data processing shall be based on the principles of correctness, lawfulness and transparency, and protect the confidentiality and the rights of the Customer.
Data processing shall be carried out by the use of electronic and printed tools. Service Store S.r.l makes ongoing provision to adopt measures to guarantee the security of the Customer’s personal data.
Service Store S.r.l ensures that all processing operations carried out on the Customer’s personal data shall only be carried out by named persons either appointed or in charge of data processing.
12.2 The Customer’s personal data is collected and processed exclusively for the purposes of handling this contractual agreement, which specifically concerns the purposes of accounting, fiscal and/or public security in compliance with legislative provisions.
This data shall only be communicated and released for the same purposes for which it has been collected and processed.
12.3 For instance, this data may be subject to the following processing:
- Communication to Credit Institutions for directly crediting amounts due from the Customer;
- Communications to carriers, couriers and forwarding agents in order to deliver purchased Products to Customers;
- Communication to persons appointed to lawfully recover credit;
- Communication to head offices and companies that collaborate with Service Store S.r.l, even if located abroad, exclusively for the purposes of company management.
12.5 The Customer is entitled to contact the Data Processing Manager at the following e-mail address: assistance@bagport.eu in order to obtain any information concerning data processing and use, updating, amendment or integration of incomplete or incorrect data and its correction.
The Business Development & Marketing Manager is in charge of data processing.
12.6 The Customer is entitled to contact the Data Processing Manager at the following e-mail address: assistance@bagport.eu in order to obtain any information concerning data processing and use, updating, amendment or integration of incomplete or incorrect data and its correction.
Moreover, the Customer has the right to refuse any data processing that does not comply with the regulatory provisions, and to obtain its cancellation for legitimate reasons.
In addition, the Customer is entitled to access his/her personal data, to obtain all information and to exercise all his/her rights in compliance with Article 7 of the Privacy Code.
In stipulating this Contract with the Supplier, the Customer
DECLARES
that he/she has received the informative statement concerning Legislative Decree nr. 196/03 (Privacy Code) from Service Store S.r.l. and
that he/she gives consent to the processing of this data, as stated above.
