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GENERAL CONDITIONS OF ONLINE SALE
Form of contract
On receipt of your purchase order, we will send you an email confirming your order, notifying you that it has been received. The purchase contract is considered finalised at that time.
In the event that we are unable to accept your order (because the articles are not available, for example), we will notify you by email or telephone.
In the event that, after acceptance of your order, we find that the articles ordered are not available or the price stated for the articles ordered on our site was incorrect, we reserve the right not to supply the articles ordered and to offer you a refund.
The contract is subject to the right to withdraw (see Right to Withdraw below).
Benelli may modify these conditions with regard to future sales without notice.
The Seller reserves the right to amend these general conditions of sale at any time, at its own discretion, with no need to provide any notice to the Site's users. Any amendments made shall come into force from the date of publication on the Site and shall only apply to sales concluded from that date onwards.
The prices and the products on sale on the Site and/or their characteristics are subject to change without notice. Before sending purchase orders, Consumers are advised to check this information, and especially the final selling prices of the Products which interest them.
Article description and price
The description and price of the articles you have ordered will be stated on the site when the order is placed.
In the event that, after acceptance of your order, we discover within 14 days after the acceptance that all the articles are not available, we may cancel the contract and refund you, or credit all sums already paid or charged to your credit card for the purchase of the articles to your account, within 7 days. In this case, we will notify you as soon as possible.
If we discover, within 10 working days after acceptance of your order, that some, but not all, of the articles are not available, the following terms shall apply: – We shall contact you, notifying you of the articles which are not available, and offering you the option of cancelling the entire order or the part of the order not available for shipment. If you decide not to cancel the products not available for immediate shipment, these products will be put on hold for subsequent dispatch to you only in the event that they become available again. – If you have not deleted all or part of the order within 1 day after receipt of this notice, we shall deliver the articles available in accordance with the Delivery conditions set out below. We shall refund you, or credit your account with, all sums already paid or charged through your payment method for the articles not available or the cancelled order (in the event of cancellation).
We do our best to ensure that all information supplied on this site is accurate. However, occasional mistakes may occur. In the event of mistakes in the stated price or the description of a product you have ordered, we shall notify you and offer you the option of confirming or cancelling the order
It should be noted that if the articles are not available, or if the stated price of the articles was incorrect and you subsequently ordered the said articles at the correct price, these conditions of sale shall apply to the order and to the supply of the relevant articles, irrespective of whether the order was placed through our site.
In addition to the price of the articles, you may be requested to pay the costs of their delivery. The relevant information is clearly provided on our site when you place your purchase order.
Payment for articles and delivery costs may be made by any method stated on the site when your purchase order is placed. Payment must be made before the delivery date and prompt payment shall be an essential precondition of this agreement. Breach of the above shall entitle Benelli to rescind the contract with immediate effect.
The articles ordered shall not be delivered until receipt of the payment, which must be made not with commercial papers but by cash transfer.
Payments shall be made without any deduction or reduction (e.g. for bank charges, currency exchange expenses, etc.).
Shipment costs are charged at a fixed rate of Euro 9.00 throughout Italy. Shipment is free of charge for amounts of over Euro 50.00
The Site states Products' availability and delivery times, but this information is purely guideline and not binding on the Seller.
The articles you have ordered will be delivered to the address you provide to us on submission of the purchase order. Specific delivery conditions apply to some products.
On average, products purchased are delivered within 3/5 working days from the date of the order or from receipt of the sum due. In all cases, products shall be delivered within 30 days, in accordance with the legal terms.
You are kindly requested to confirm that you have entered your full, correct address on submission of the purchase order. You are responsible for checking the delivery address in any confirmation or acceptance provided, and for informing us of any errors or omissions without delay. We reserve the right to apply additional costs arising from changes you have made to the delivery address after submission of the order.
All articles sent to your address will be dispatched by means of the Bartolini courier firm, with delivery confirmation form or tracking code where possible. However, we are not able to specify the carrier used for your order with precision
In the event of failure to accept delivery of the goods further to your cancellation of the Contract in accordance with the law governing distance selling, Benelli shall refund all sums you have paid or which have been charged to you through your payment method for the purchase of the articles, or credit them to your account, within 30 days. On exercise of your cancellation right, you shall be obliged to return the articles to Benelli. In the event that you are unable to return the articles, Benelli reserves the right to deduct any direct costs incurred for recovery of the articles arising from this inability.
We will make every effort to deliver the articles as soon as possible after acceptance of your order. However, we shall not accept liability for any losses or damage caused by reasonable, or inevitable delay in delivery. In this case, Benelli shall inform you of any delays as soon as possible and offer you the option of cancelling your order.
On delivery of your order, you will be asked to sign a delivery declaration confirming that the articles have been consigned to you in good condition. Please refuse delivery if the pack does not appear to be in good condition. If you are not able to check the contents of the pack on delivery, mark the declaration "CONTENTS NOT CHECKED". Failure to specify this might jeopardise any warranty claims subsequently submitted.
In the event of partial deliveries of the products, each delivery constitutes a separate contract, and any defect in one or more partial deliveries shall not entitle you to terminate the whole contract or cancel any subsequent deliveries.
Transfer of Risks and Ownership
The risk relating to the articles is transferred to you on delivery.
Notwithstanding the transfer of risk on delivery, ownership of the articles will not be transferred to you until Benelli has received complete payment (in cash or available funds) of all the sums due for: – the articles purchased and – all other sums which are or become due to Benelli from you for any reason.
Benelli's legal warranty for non-consumer purchasers
For purchasers not classified as consumers, the legal warranty covering defects in the product lasts for 12 (twelve) months from delivery, as envisaged by law, and is conditional on reporting of defects with 8 days after their discovery; it expires one year after delivery.
Benelli's legal warranty for consumer purchasers
For purchasers classified as consumers under European Directive 44/99(EC) and Italian consumer protection legislation, the warranty which covers conformity defects in the product purchased lasts for a maximum of 24 (twenty-four) months after delivery. The risk relating to the articles is transferred to you on delivery.
The legal conformity warranty provided to consumers consists, in the event of conformity defects identified in the product, of the right to obtain, directly from Benelli, repair or replacement of the product (if and as possible) within a reasonable time considering its type, or to request a reduction in the price or the termination of the contract.
To maintain the validity of the legal conformity warranty, consumers are obliged to report any conformity defects within no more than 2 (two) months after their discovery, by sending a written request for replacement to Benelli, by email to email@example.com, stating the type of defect and/or nonconformity identified, and providing the relative documentation (at least 1 (one) photograph of the product, the confirmation of order sent by the Seller and/or the fiscally valid receipt).
Returns due to product defects or discrepancies
When to return a product
In the event that the product received is faulty on delivery or does not correspond to the product ordered, you may write to firstname.lastname@example.org have the product (or products) changed at no additional costs, specifying the order number of the articles the replacement of which is requested. The notification must be sent immediately on discovery, and in the event of conformity defects it must have the contents and documentation specified in point 3 of the “Benelli's legal warranty for consumer purchasers” section. Remember to comply carefully with the instructions provided. If the product is no longer available for shipment, we will completely refund all expenses incurred, as stated in the "Refunds" section.
B.: in the event of obvious damage to the pack or wrapping of the products ordered, Purchasers should refuse delivery from the carrier or accept delivery "under reserve". However, the Purchaser is obliged to make a thorough visual inspection of the conditions of the product's pack and wrapping on delivery, in order to establish any liability on the part of the carrier/transporter.
Times, procedures and costs
Once a defect has been identified, within a few days Benelli will collect the defective product and, after appropriate assessments of the causes of the defect and verification of the defect itself, will replace it at no additional cost to the consumer.
Consumer's right to withdraw within 15 days
If you are classified as a consumer and you wish, for any reason, to exercise your right to withdraw from the contract under the consumer protection law, you may do this within 15 days after receipt of the goods.
To exercise the right to withdraw, Consumers must notify the Seller of their decision to withdraw from the purchase contract, before the expiry of the relative term, by sending a specific declaration of its intentions to the Seller, in writing, to email@example.com, stating the order number of the articles the return of which is requested.
The Seller shall send the Consumer an email confirming receipt of its withdrawal request, containing a Product return form and a return code.
In all cases, the products must be dispatched using the courier specified by the Seller.
Remember that products returned must be dispatched intact (no signs of wear, rubbing, scuffing, scratches, deformations, etc.), complete with all parts and accessories, accompanied by the enclosed instructions/notes/manuals, the primary and secondary packaging and the warranty certificate, if provided.
Remember to comply carefully with the instructions provided.
Times and procedures for exercise of the Consumer's right to withdraw
If you are classified as a consumer, within no more than 15 days after receipt of the goods you may withdraw your order by simply writing an email to firstname.lastname@example.org. We will get back to you as soon as possible with full instructions for any return of the products; remember to follow them carefully.
Once the conformity of the returned goods has been checked, we will refund the amount paid to purchase the product returned (see "Refunds" section), less carriage costs and any customs duties.
To make a return, write to email@example.com the order numbers(s) of the articles for which replacement/return is requested. You will be sent a form to be printed out in two copies, one for the courier and one for you.
Refunds are payable in the following circumstances: if the consumer exercises the right to withdraw the order pursuant to consumer protection legislation (in this case the amount paid for purchase of the product returned will be refunded, less any carriage costs and customs duties); • if the product received is faulty or is not as ordered and no replacement is available in stock (in this case, the refund will cover all the costs incurred, including delivery and return carriage costs)
Refund procedures will depend on the payment method: if you have paid by credit card or PayPal, the amount will be re-accredited through the relevant payment circuit. The refund will be made as quickly as possible and in all cases within 14 days. Remember that there will be a time lapse before the amount is actually accredited to your account.
If you have paid cash on delivery or by bank transfer, the refund will be made by bank transfer to the current account you specify. Remember that the refund will only reach you at least 3/5 days after the payment order is issued.
Applicable law, disputes, conciliation and jurisdiction
These conditions of sale and supply of articles shall be subject to the law of the Republic of Italy (subject to application of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna in 1980) and, if you are classified as a consumer, the relevant legislation on consumer protection and distance sales. Any rights assigned to consumers under binding laws in their states of residence or domicile shall continue to apply.
In case of unsatisfactory service or disputes, we hereby agree to participate in any attempt you may decide to make to reach an out-of-court settlement through RisolviOnline, the independent, institutional service offered by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the aid of a skilled, neutral conciliator, in a secure, informal manner." For further information concerning the “RisolviOnline” regulations or to send a conciliation request, please visit risolvionline.com or write, for further information, to: firstname.lastname@example.org
If no agreement is reached, if you are classified as a consumer, the Law Court of your actual place of residence or domicile (if in Italy) shall have sole jurisdiction; if the consumer's actual place of residence or domicile is abroad, jurisdiction shall lie with Pesaro Law Court or the Court of your actual place of residence or domicile, at your choice. In the event that you are not classified as a consumer, Pesaro Law Court shall have sole jurisdiction.
General conditions for use of the Internet site
We shall make every effort to ensure that the site is accessible without interruptions and that information is transmitted accurately. However, due to the nature of the Internet, the above cannot be guaranteed. Moreover, access to the site might occasionally be suspended or limited to allow problem-solving, maintenance or the introduction of new functions or services. We will do everything possible to limit the frequency and duration of any such suspensions or limitations.
Benelli and its operator partners do not sell products for purchase by minors. We sell products for minors which may only be purchased by adults. If you are less than 18 years of age, you may only use the benellishop.com service with the involvement of a parent or guardian, who will make the purchase on your behalf.
Unless otherwise specified, the site and all the material it contains are protected by copyright and are the sole property of Benelli or its operator partners, which hold all the relative rights. Copyright and other rights do not apply to graphics available in the public domain.
You are not authorised to modify, copy, distribute, transmit, view, edit, execute, reproduce, publish, license, derive works from, transfer or sell information or contents obtained from this Site without Benelli's specific authorisation.
All rights not specifically guaranteed in this document are reserved.
Product images are purely guideline and may differ from the real product.