General Terms and Conditions of Sale
Last updated: June 2024
The Conditions set out below govern the contract of sale between the User (hereinafter also referred to as the "Buyer") of the e-commerce platform on the www.bioecologicalsystem.com website (hereinafter also referred to as the "E-shop") and Paneco Ambiente S.r.l., Tax Code and VAT No. 03673560045, currently located in Via Torino no. 108 12100 -Cuneo – certified email: PEC panecoambiente@legalmail.it, REA no. 308546 (hereinafter also referred to as the "Seller").
Please read the Terms and Conditions (hereinafter also referred to as the "Terms") carefully before using the e-commerce platform on the www.bioecologicalsystem.com website. They apply to all visitors, users and other individuals, all commercial and professional operators, who access or use the Service.
By accessing or using the Service, you agree to be bound by the Terms set forth below. If you do not agree to these Terms, even one of their provisions, you will not be able to access the Service.
Your access to and use of the Service is subject to your acceptance of and compliance with these Terms and the Privacy Policy.
The following Terms of Sale (applicable only in Italy) are deemed to be known by the User and, therefore, each order implies implicit acceptance. They do not apply to exports of products outside the Italian territory for which different contractual conditions are envisaged. Moreover, in the event that the products supplied to the User in Italy are subsequently exported by the User, it will be the responsibility of the User to obtain, at his own expense, all the necessary licenses and authorizations.
PARTIES TO THE CONTRACT.
The purchase of one or more products through the E-shop is allowed only and exclusively to Users who do not qualify as "consumers", in the meaning of Legislative Decree no. 206/2005 ("Consumer Code"). These users are to be identified as subjects who, in relation to the purchase of products, act for purposes proper to the entrepreneurial, commercial, professional or craft activity carried out. It is, therefore, a sale of goods or services in favour of Users – Companies, to which the provisions of Legislative Decree no. 206/2005 ("Consumer Code").
INTERPRETATION AND DEFINITIONS OF THE CONTRACT.
Interpretation
This contract must be interpreted according to Italian law and definitions refer to both words beginning with a lowercase letter and those beginning with a capital letter.
Definitions
For the purposes of this Document, the following definitions shall apply:
Affiliate: an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity participations, or other securities entitled to vote for the election of directors or other managing authority;
By country: Italy;
For Company: (referred to as "Company", "We", "Us" or "Our" in this Agreement): Paneco Ambiente S.r.l., Via Torino, 108 Cuneo 12100;
By Device: any device capable of accessing the Service, such as a computer, mobile phone or digital tablet;
For the Service: Website;
Terms and Conditions: (hereinafter also referred to as the "Conditions") means these Terms and Conditions, which constitute the entire agreement between you and the Company regarding your use of the Service.
For Third-Party Social Media Service: any service or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service;
By website refers to the Paneco Shop, accessible from https://bioecologicalsystem.com
User means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service. In any case, the User must have the commercial and/or professional status and not of a "consumer".
REGISTRATION.
In order to use the functions of the E-shop, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the personal data management policy (Privacy Policy) and these Conditions. The User is responsible for keeping his/her access credentials and it is understood that, under no circumstances, Paneco Ambiente S.r.l. can be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason, of the Users' access credentials.
LINKS TO OTHER WEBSITES.
Our Service may contain links to third-party websites or services, which are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
You are encouraged to read the Terms and Privacy Policies of any third-party websites or services you visit.
INTERRUPTION AND SUSPENSION OF ACCESS TO THE SERVICE.
The Company reserves the right to immediately terminate or suspend your access, without notice or liability, for any reason whatsoever, including, but not limited to, violation of these Terms.
In the event of contract termination, the User's right to use the Service will cease immediately.
COMPLETION OF THE CONTRACT.
All product information on www.bioecologicalsystem.com, such as technical specifications, images, dimensions and/or compatibility details, is non-binding and is subject to change at any time, unless expressly identified as binding.
Offers on www.bioecologicalsystem.com are not binding for the Seller and do not constitute an offer to the public, but a simple invitation to propose. The Purchaser's purchase order has the value of a binding contractual proposal and is completed by finalizing the purchase operations on the appropriate page of the shopping cart in the E-Shop.
The purchase order is accepted by the Vendor with an order confirmation sent by e-mail, which contains the description of the characteristics of the product ordered, the essential elements of the contract (price, payment method) and the procedures for correcting the message containing the order.
The contract is concluded when the Buyer receives the order confirmation from the Seller. The order and the confirmation of the order are considered received when the parties to whom they are addressed have the possibility of access to the electronic messages.
In the event that the Buyer does not receive the order confirmation from the Seller or other communication within 48 hours of placing the order, the Buyer is required to contact the seller promptly through the contact form at this link available here.
PURCHASE OF PRODUCTS.
The Products displayed in the Paneco Ambiente S.r.l. catalogue may be purchased by selecting them by the Purchaser and subsequently placing them in the appropriate shopping cart.
Once the selection of products has been completed and the Purchaser wishes to proceed with the purchase of those included in the shopping cart, the Purchaser will be asked to release the required data on the site in order to allow the completion of the Contract.
In particular, the Buyer will be required to provide a special section of the website with his/her personal and company data, including VAT number, recipient code, e-mail address, registered office as well as the address where the products are to be delivered (if different from the first), and a telephone number where he/she can be contacted in order to inform him/her of the date of delivery of the Products.
DELIVERY OF THE GOODS.
The Seller will deliver to the Buyer, at the address indicated by the latter, the selected and ordered products, in the manner provided for in the previous articles, through trusted couriers and/or shippers.
Delivery will take place within 10 – 15 working days for the products, while within 40 – 50 working days for the plant engineering, except for any delays for which the buyer will be promptly informed. Upon receipt of the goods, the Buyer is required to verify the conformity of the product delivered to him with the order placed and is required to inform the Seller of any problem without delay through the contact form at this link [INSERT LINK]. Only after this verification will it be necessary to proceed with the signing of the delivery documents.
The Seller assumes no responsibility for the delay or non-delivery of goods attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframe. The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the causes mentioned above, as the Buyer shall only be entitled to a refund of any price paid.
PRICES.
The selling prices of the products in the E-shop include VAT and transport costs. Discounts may be provided on the invoice for certain quantities and types of goods.
Prices may be subject to change in the event of changes in current regulations, the situation of the international market and the availability of the products themselves regardless of the will of Paneco Ambiente S.r.l. Prices, technical specifications and conditions of sale are constantly updated on our www.bioecologicalsystem.com website.
SHIPPING / TRANSPORT
Transport costs are valid only for the national territory, smaller islands, disadvantaged areas and excluded free zones.
Unloading, positioning, deliveries to the floor, assembly, testing and installation excluded. Paid services on request, additional costs will be indicated on the invoice.
The goods always travel on behalf of and at the risk and peril of the User. The Company is not responsible for deterioration, damage, delays, fines or other prejudices and damages of any kind that may occur during transport. In the case of an order for particular goods, and where expressly indicated, even for amounts equal to or greater than € 10.00, shipping will be at the expense of the User.
It is the responsibility of the buyer to carry out the appropriate checks on the goods and to submit complaints to the carrier directly upon receipt by means of a precise reservation on the courier's delivery note, and not with a general reservation. It is understood that, should the User refuse deliveries by the carrier of packages with damaged packaging, he must immediately inform Paneco Ambiente S.r.l. of the incident.
In the event that the User does not make the above communication, the products will be considered definitively accepted and compliant with what is required in the order, without prejudice to the possibility, available no later than 1 (one) year from delivery, to assert any non-apparent defects, provided that the relevant report has been made within 8 days of their discovery (in accordance with the provisions of Article 1495 of the Civil Code).
PAYMENTS.
The Payments accepted by Paneco Ambiente S.r.l. through the www.bioecologicalsystem.com website are as follows:
1 – Credit Card Payments Paneco Ambiente S.r.l. accepts all major credit cards and guarantees a secure payment system, compliant with national and international standards in force from time to time. Paneco Ambiente S.r.l. uses third-party tools for payment processing and does not come into contact with the payment data provided in any way (credit card number, name of the holders, password, etc.). Should these third-party instruments deny payment authorization, Paneco Ambiente S.r.l. will not be able to supply the products and will not be responsible for any delay or non-delivery.
2 – Advance bank transfer By bank transfer specifying the order number issued by the system in the reason for payment. Payment must be made to the bank details indicated at the time of payment. By accepting the Conditions, the Buyer undertakes to make the payment by bank transfer no later than 3 days from the purchase; under penalty of cancellation of the order.
3 – Cash payment Cash payment can only be made if you select the collection at the headquarters, Paneco Ambiente S.r.l., Via XI Settembre, 37 – 12011 Borgo San Dalmazzo (CN), and in any case for amounts not exceeding € 990.00.
4- Other conditions to be agreed.
In any case, the selected payment method is subject to acceptance by Paneco Ambiente S.r.l. The sales department reserves the right to contact the User for any clarifications and/or approvals.
INVOICING.
When filling in the order data, the Buyer must fill in all the data required for the issuance of the commercial invoice, which will be sent to the Buyer once payment has been received.
In addition to the mandatory fields, the Buyer must also fill in the fields "Company", "Tax Code", "VAT Number" and "Recipient Code".
For the issuance of the invoice, the information provided by the Buyer will be valid, which he declares and guarantees to be true, releasing to the Seller any broader indemnity in this regard.
WARRANTY AGAINST DEFECTS.
The Seller is liable for defects in the product, such as to make it unsuitable for the use for which it is intended or that appreciably diminish its value (art. 1490 of the Civil Code), which occur within 1 (one) year from the delivery of the goods (art. 1495 of the Civil Code).
For the purposes of this contract, the goods being sold shall be presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (a) they are suitable for the use for which goods of the same type are normally served; b) conform to the description made by the Seller and possess the qualities of the good that the Seller has presented to the User as a sample or model.
"Defects" of the thing sold are those defects that make it unsuitable for the use for which it is intended or that appreciably diminish its value. The thing sold may also not possess the promised qualities or those essential for the use for which it is intended.
The warranty does not apply in the cases provided for by art. 1491 of the Italian Civil Code.
The warranty is provided under the following strict conditions:
- Any complaints must be notified to the Seller, under penalty of forfeiture, by registered letter or by certified e-mail to the panecoambiente@legalmail.it address to be sent within 8 (eight) calendar days of receipt of the goods in the event of apparent defects or defects, or, in the case of hidden defects or defects, within 8 (eight) calendar days of the relevant assessment. In any case, no claim can be made after 30 (thirty) days from receipt of the goods (meaning the date on which they were received at the address indicated by the buyer). The Company, within 7 days of receipt of the aforementioned communication, will indicate its willingness to proceed with the request or the reasons that prevent it from doing so;
- In the event of recognition, whether conventional or judicial, of any claim raised by the buyer, the seller is only obliged, at its own option, to replace the quantity of goods ascertained, or to refund or cancel the corresponding invoiced amount;
- If repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period indicated in the acknowledgement or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at its option, an appropriate reduction in the price or the termination of the contract;
- The costs of transport and/or return of the items under warranty are the sole responsibility of the seller only and only if the seller has previously recognized the right to the warranty and only with the carrier indicated by the seller and in the original packaging;
- The Buyer acknowledges that the warranty as provided above by the Seller absorbs any liability of the latter, so that any action for compensation for direct and/or indirect damage deriving from defects and/or defects of the goods, as well as any other possible claim and/or exception of the Buyer, is excluded;
- Even in the event of a valid complaint, the buyer may not initiate the actions that may be his/her competence, nor oppose the related exceptions, without first having made the overdue payments, nor can he delay or suspend payments at the relevant deadlines;
- Damage caused by normal wear and tear, improper use and lack of maintenance is excluded from the warranty.
- The User must carry out, under his/her sole responsibility, before using the product, all reasonable checks to verify that the products purchased are suitable for use and that they do not cause damage to persons or property.
CUSTOMER SUPPORT.
The Company provides a customer service through the contact form at this link [INSERT LINK] from Monday to Friday (excluding holidays) from 9:00 to 13:00 and from 14:00 to 18:00.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS.
The Seller declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to the E-shop and/or the materials and contents available within it.
The Purchaser may use the E-shop and the materials and contents contained therein only for commercial and professional use.
These Terms do not grant the Buyer any license to use the E-shop and/or individual contents and/or materials available therein.
Any other use or reproduction of the E-shop or the materials or contents contained therein is strictly prohibited.
All trademarks, figurative or nominative and all other distinctive signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear in the E-shop are and remain the exclusive property of the Seller or its licensors and are protected by applicable trademark laws and related international treaties.
Any reproduction in any form of the explanatory texts and contents of the E-shop, if not authorised, will be considered infringements of the Seller's intellectual and industrial property rights.
DATA PROCESSING
The processing of the User's personal data takes place in compliance with the regulations in force on privacy and personal data protection, with particular reference to the provisions of EU Regulation 2016/679 ("GDPR").
Paneco Ambiente S.r.l. is the Data Controller of the User's personal data processed for the purpose of executing and executing the Contract. The duration of the processing is closely linked to the contractual object; the data will be processed according to the purposes of the contract, functional to the performance of the contractual object and legal obligations, in accordance with the Privacy Policy issued by Paneco Ambiente S.r.l. available on the Site.
COOKIES
The Site uses cookies to ensure normal navigation and use of its features. For more information on the cookies used by the Site, customers can consult the information in the "Cookie Policy" section.
GOVERNING LAW AND JURISDICTION.
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law and the exclusive jurisdiction of the Court of Rome.
In any case, in the event of disputes arising, the Parties are obliged to make a prior attempt at an amicable settlement.
CHANGES TO TERMS AND CONDITIONS.
Paneco Ambiente S.r.l. reserves the right, at its sole discretion, to modify or replace the Conditions at any time. In the event that the changes relate to essential elements of the contract, the Company undertakes to provide at least 30 days' notice before the entry into force of any new term.
By continuing to access or use Our Service after the changes become effective, you agree to be bound by the Terms as amended. If you do not agree to the new terms, in whole or in part, you must stop using the Website and the Service.
CONTACTS
If you have any questions about this Document, you can contact us through the contact form at this link available here.