1.1 These general terms regulate the sales of Products made by the Supplier as part of an online sales system managed by the latter via its website: http://www.shop.berkem.it/(hereinafter referred to as “Website”) as well as the access conditions to the online sales system of the Supplier.
1.2 «Supplier» means Berkem srl with registered office in Rubano (PD), via della Provvidenza 63, VAT number 03655470247 (hereinafter referred to as Supplier or BERKEM), offers the sale of galvanic products, equipment and accessories in compliance with the rules and regulations in force on its Website.
1.3 «Client» means the company, the customer of the Supplier which purchases a Product for purposes solely related to the business activity carried out. It is therefore mentioned that the Supplier does not in any case intend to create, nor actually implement an online sales system dedicated to consumers via its Website, in other words in favor of individuals who purchase the Products for their personal/domestic use, not directly related to the business or professional activity they may carry out. 1.4 «Products» means the products manufactured by the Supplier and therefore sold by the latter via the online sales system managed via its Website.
1.5 By placing an order on the online store a https://www.berkem.it/the Client declares to have read and expressly and fully accepted:
these terms of sale,
all indications and information provided to him during the purchase procedure.
1.6 The delivery of BERKEM products is carried out exclusively in Italy.
Art. 2 TERMS AND DEFINITIONS
2.1 The following definitions are considered valid for the purposes and the effects of these Provisions:
– Terms: BERKEM SHOP terms of Sale
– Supplier: Berkem Srl as identified in the introduction via its e-commerce website at https://www.berkem.it/
– Purchaser/Client: legal person who uses the e-commerce service following registration on the website for purposes related to his professional activity or who makes the purchase by indicating the valid VAT number in the order form.
– Website: e-commerce website at https://www.berkem.it/.
– User area: website section reserved to users with registered “Account”.
– Product: each product offered for sale on the Website from time to time.
– Service:product offer and sale on the Website according to the terms and methods indicated in these conditions.
– Registration: filling out of the registration form in the “Register” section and authorization to process the data. In addition to entering the company’s valid data for billing and shipping any goods ordered the Client is required to indicate the access credentials consisting of an “E-mail” and “Password” chosen by the person who wants to register: these access data must be properly chosen and carefully stored by the Client to avoid illegal use.
– Cart: section of the Website containing all the products chosen by the user, ready for purchase but not yet purchased.
– Additional costs: costs related to commission fees for payments made by credit card or cash on delivery.
Art. 3 ORDER ACCEPTANCE/CONCLUSION OF THE CONTRACT
3.1. The order placed via the online procedure is a contractual proposal by the Client and will be binding on BERKEM only if subsequently accepted by the latter.
3.2. The online purchase agreement is concluded through the following steps:
Selecting the Products and purchase quantities and adding them to the Cart;
Starting the purchase procedure by means of the “Add to cart” button or via direct access to the Cart;
Checking the products and quantities in the Cart, changing the content if necessary, and continue using the “Proceed with order” button;
summary of the order and of the data entered indicating the bank details if selecting the bank transfer payment method;
Receipt of the confirmation e-mail and summary of the order placed to the address indicated during registration.
3.3. The purchase procedure can be interrupted at any stage by simply clicking the “Return to store” buttons or by closing the browsing page.
3.4. By selecting the “Place order” button at the end of the purchase procedure, the data entered becomes final and the order is concluded by sending a final purchase proposal to the Supplier: the Client will receive a confirmation e-mail and summary of the order.
3.5. The Client will receive by e-mail the confirmation of the Products shipment.
Art. 4 PRODUCTS AND RATES
4.1 The product catalog posted on the Website is updated daily. The prices of the products on the Website may also vary within the same day. For the purposes of the agreement, the rates and products indicated on the Website at the time of placing the online order are referred to in the confirmation e-mail and order summary.
Art. 5 CART
5.1 In order to purchase a product, it is necessary to add it to the “Cart” by clicking on the “Add to cart” button next to or below the product rate in the “Product Details” tab.
5.2 Adding a product to the cart does not commit the purchase. Once the product has been added to the cart, by clicking on the “Cart” button on the bar at the top right you will reach a summary page where you can change the quantity of each product to be purchased (by clicking the “update cart” button) or delete the product from the cart by clicking on the appropriate “delete” button.
5.3 The products added to the cart remain stored until you exit the reserved area: by LOGGING OUT the Cart will be automatically emptied.
5.4 If you wish to proceed with the purchase, click on the “Proceed with order” button on the right column of the page: you will be directed to the summary page of the Cart that allows you to proceed with purchase completion.
5.5 To access the Cart directly and check its contents, just click on the word “Cart” on the top bar or on the right side column of the Website page.
Art. 6 REGISTRATION, USERNAME AND PASSWORD
6.1 In order to complete a purchase you are required to enter the information necessary for delivery and issuing the invoice. The Client is responsible for the correctness and completeness of the data that will be used for issuing tax documents related to any purchase orders and for the correct shipment of the ordered goods.
6.2 The data provided may be stored in such a way that once the first purchase has been made, it will then be sufficient to enter the Username and Password chosen by the Client to continue with the order. These data are subject to the protection of the privacy law (EU Regulation 679/2016) and can be modified by the Client at any time by clicking on “Account” in the browsing bar at the top of the page.
6.3 Registration is not binding in any way to purchase and can be done directly by clicking on the “Register” button on the right column of the page or is requested during the purchase procedure.
6.4 New Clients will be directed to the registration form. Once the registration form has been filled out, you can proceed with the order.
6.5 Registering is advantageous: in addition to no longer having to enter your data in the event of subsequent purchases, if you wish, you can receive information on current promotions and product news.
6.6 The Username and Password defined during registration are used to access your personal area “My account” – that shows the Company and Billing Data provided during registration – and to complete the purchase procedure. The Client is responsible for their correct storage in order to avoid incorrect and/or illegal use.
6.7 The Username must be a valid e-mail address accessible to the Client.
6.8 The Password must be at least 8 characters long and must be different from the Username. Password checking takes into account upper and lower case characters.
6.9 If you have forgotten your password you will not need to register again but just click on “Forgot your password?” and follow the recovery instructions.
Art. 7 RATES AND ADDITIONAL COSTS
7.1 All rates are clearly displayed on the Website.
7.2 The product rates are divided into two types:
Fixed-price products: products for which the price is not variable according to the daily price of precious metals (products not containing precious metals, equipment or parts of the equipment)
Variable-price products: products for which the price varies according to the daily price of precious metals. Variable-price products are distinguished by the writing that informs on the precious metal content in the product details. The daily value of precious metals is entered in the table displayed on the home page of the Website, referred to in the footer of the Store and is expressed in Euro/day.
The variable price of these products is given by the sum of the precious metal value contained and the spread applied per product.
The selling prices of the Products are expressed in Euro and they do not include VAT (and/or any other tax) which will be indicated separately.
7.3 Additional costs applied are clearly highlighted during the purchase before placing the order, and refer to the collection fees applied by PayPal for payments by credit card, or to the collection costs applied by the carrier for payments on delivery by cash.
Art. 8 ORDERS
8.1 You need to register if you want to make a purchase.
8.2 Each order has a unique number, which is very important because each communication regarding the order will be identified by this number.
8.3 The order confirmation (indicating the relevant number) is made by sending an e-mail to the address indicated during registration.
8.4 There are no minimum or maximum limits of products or amounts for each individual order, except for some promotional initiatives that require a maximum limit of pieces that can be included in each order.
8.5 All products available on the Website catalog can be added to the same order at https://www.berkem.it/.
Art. 9. PAYMENT
9.1 The Client undertakes to pay the total price of the Products purchased according to the times and methods indicated by the Supplier in the online purchase procedures. The total order is indicated by “Total to pay” and must be paid by the Purchaser before receiving the goods, choosing from the following payment methods:
Pay Pal. PayPal is an online payment system that requires a PayPal account or the use of credit cards accepted by this system. By choosing this method, after clicking “Confirm order” you are redirected to the PayPal website page where you can enter the e-mail and password of the Paypal account or credit card details in order to make the payment. A confirmation e-mail is sent directly from PayPal for each transaction performed via this method. The order amount is charged to the PayPal account when the order is purchased: in case of cancellation, the amount is refunded to the PayPal account of the Client. Payments are accepted only from users registered on the Italian PayPal website. Receipt This method requires payment made to the Carrier upon delivery of the purchased product: the additional costs for the service must be added to the product and shipping costs. Payment must be made in cash only. Only exact amounts are accepted, corresponding to the order amount: the rest is not returned. According to the provisions of Art. 12 of L.D. no. 201 of 6 December 2011, cash payments will be accepted within the threshold of € 1.500 (one thousand five hundred/00). Bank transfer: By choosing payment by bank transfer after order acceptance, the client will be able to proceed with the transfer after seeing the bank details in the order summary. The order will be shipped only after transfer receipt by Berkem.
Art.10 DELIVERY, EXPENSES AND BILLING
10.1 Products will be delivered by an express courier. The goods will be shipped to the address entered by the Purchaser during the order by filling out the appropriate Data section.
10.2 Unless otherwise agreed and specified, the transport fees are charged to the Client/Purchaser and are indicated in the order summary under the item “Transport Cost”: these costs also vary depending on the choice of insuring/not insuring the transport and they refer to shipments made exclusively in Italy. In the event of choosing NOT to insure the transport, the Client is aware and accepts that he will not be able to make any request for compensation/refund in the event of loss and/or damage of the goods related to the transport.
10.3 Delivery times vary depending on the destination and the terms applied by the carrier.
10.4 Most orders are processed within 72 working hours from the time of order receipt or bank transfer if chosen as payment method. This term is purely indicative and not binding, therefore BERKEM cannot be held liable for order delivery delay.
10.5 If the recipient is absent at the second attempt of the carrier to deliver the goods, BERKEM reserves the right of compensation for the storage/redelivery costs.
10.6 Upon receipt of the goods by the carrier, the Client is required to make sure:
that the number of parcels delivered corresponds to what is indicated in the transport document;
that the goods correspond to what is indicated in the transport document;
that the packaging is intact and undamaged, nor wet or otherwise altered, properly sealed with intact sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately reported to the carrier, mentioning “withdrawal with reservation due to lack and/or damage of n°. …. parcels” on the transport document Once the transport document has been signed, in the absence of this clause the Client will no longer be able to make any objection about the external appearance of the goods.
0.7 Any reports about the physical integrity, correspondence or completeness of the products received must be reported within eight (8) calendar days of delivery. Please note that tangible proof (photo) of any damage related to transport is always required in order to proceed with the reimbursement procedure, in the event of insured transport.
10.8 In the event of repeated impossibility of delivering the goods to the address indicated by the Client and consequent storage at the carrier’s warehouses and failure to collect the parcel within 1 working day, the order will be automatically canceled and the client must pay any amount charged for storage and also pay the transport costs again.
10.9 For each order completed online BERKEM issues a regular invoice sent via the interchange system.
Art. 11 WARRANTY
11.1 Since these products are sold exclusively for professional use, BERKEM guarantees its PRODUCTS free from faults/defects, limited to the free repair or replacement of the faulty goods, subject to their return at the expense of the CLIENT.
11.2. The duration of the warranty period depends on the type of product:
the warranty is valid for a period of twelve (12) months from delivery for Tools and Machinery, Accessories and Spare Parts;
the warranty is valid for a period of 12 months from delivery for precious Galvanic Products, non-precious Galvanic Products and decorative Products, except for the products with shorter expiry date.
11.3. The Warranty is valid only if the PRODUCTS are not tampered with, repaired by third parties or used in a manner not compliant with the standard of use indicated by BERKEM or that the fault/defect is not caused by natural wear or damage during transport or storage.
11.4. The Client must report any faults found within eight (8) working days from delivery or immediately after he ascertained their presence. Communication can take place via the RGA (Returned Goods Authorization) online form https://www.berkem.it/en/return-of-goods-notifications-and-complaints/
11.5. As long as the claim is protected by the warranty and notified within the terms and in the manner provided, BERKEM undertakes to replace/repair (at its own discretion) each product or parts of the product that show faults/defects. The verification of the faults must take place at BERKEM factory and the return of the faulty goods will be final only if the fault is found. Until then the goods will only be entrusted to BERKEM to be stored.
11.6. Warranty is provided on the condition that BERKEM checks that the fault derives from faulty materials and/or workmanship, as well as that the CLIENT has requested the authorization to return the goods (RGA Returned Goods Authorization) and has sent ex-warehouse:
the faulty goods with all accessories and packed in original packaging
copy of the original purchase invoice indicating the purchase date (if user) or copy of the original sales invoice to the user (if product dealer)
data relating to the type of product, model, serial number
the details of any dealer no later than the expiry of the warranty period and in any case within five (5) working days from ascertaining the fault.
11.7. In the event of product or part replacement, the products or individual parts returned upon replacement become the property of BERKEM. The service performed under warranty does not extend the warranty period and therefore, in the event of replacement of the product or one of its components, the good or single component supplied as replacement are not covered by a new warranty period, but the date of purchase of the original goods must be taken into account.
11.8. The existence of single faulty product units does not terminate the sales agreement.
11.9. No rights other than those identified with these General Terms of Sale will be granted to the CLIENT, including rights to compensation for damages and reimbursement of costs of any kind.
11.10. On what concerns the supply of materials which are not produced by BERKEM, the warranty is limited to BERKEM’s rights towards its suppliers.
11.11. In any case, the Client will not be able to assert the warranty right towards BERKEM if the price of the product has not been paid according to the terms and conditions agreed.
11.12. The following are expressly excluded from this Warranty:
Periodic maintenance and repair or replacement of parts due to wear and tear;
Consumables (components that are expected to require periodic replacement during the life of a product, such as non-rechargeable batteries, spark-plugs, lamps, etc.);
Damages or faults due to use or improper handling of the product, for purposes other than the intended professional use;
Damage or alterations to the product resulting from improper use, including:
– handling causing damage or physical, aesthetic or superficial alterations to the product;
– incorrect installation or use of the product for purposes other than those intended or failure to comply with the installation and use instructions;
– improper maintenance of the product not compliant with the instructions on proper maintenance; – installation or use of the product that does not comply with the technical or safety standards in force in the country of installation or use.
Condition or faults of the systems that incorporate the product or are connected to the latter, except for other products specifically intended for use in combination with the product.
Use of precious and non-precious Galvanic Products or decorative products in combination with other products not produced or supplied by BERKEM.
Use of the product with accessories and other products of a type, condition and standard other than those required.
Repair interventions or repair attempts by unqualified personnel and authorized service centers.
Adjustments or alterations made to the product without prior written authorization from BERKEM including:
– product update exceeding the specifications and functions described in the user manual;
– alterations made to the product in order to make it compliant with national or local technical or safety standards in countries other than those for which the product was specifically designed and manufactured.
Accidental events, fire, liquids, chemicals or other substances, floods, vibrations, excessive heat, improper ventilation, power surges, excessive or incorrect input power voltage, radiation, electrostatic discharge including lightning, other forces and external impacts.
Art. 12 LIMITATION OF RESPONSIBILITY
12.1 the Supplier assumes no responsibility for any problem deriving from facts not attributable to the latter, such as the Client’s faulty hardware or software, unavailability of data transmission lines or in general other facts that determine the impossibility or limitation of the Internet connection availability.
12.2 In any case, the Supplier cannot be held liable for damages, losses and costs incurred by the Client as a result of failure to execute the supply, the Client being only entitled to the full refund of the price paid and any additional charges incurred.
12.3 Moreover, the Supplier assumes no responsibility for any fraudulent or illegal use of credit cards (or other payment means) by third parties when paying the purchased products, if it proves to be having adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
12.4 Regarding the Products subject to Client’s customization, the latter assumes the authorship of the customization contents, assuming any consequent liability towards third parties who complain of violation of their industrial and intellectual rights, or damages to image, honor, and moral integrity or in any case for any pecuniary and non-pecuniary damage related. The Client will therefore be required to hold the Supplier harmless from any request for damages, compensation payments or anything else requested by third parties as a result of the aforementioned violations and/or damages.
Art. 13 PRIVACY
13.1 No registration is required to access and browse the Website and it is possible to freely consult the product sheets. Instead you must leave your data if you decide to register or when you decide to proceed with the purchase.
13.2 The data requested when placing the purchase order are collected and processed in order to meet the explicit requests of the Client and will in no case and for no reason be disclosed to third parties.
13.3 The registration data can be changed by the Client at any time by clicking on the “My account” button located in the browsing bar at the top of the page.
13.4 BERKEM guarantees compliance with the legislation on the processing of personal data under EU Regulation 679/2016.
13.5 BERKEM is the data controller as identified above.
Art. 14 COMPLAINTS
14.1 Any complaint must be addressed to Berkem srl, Via della Provvidenza 63, 35030 Rubano (PD) via e-mail: firstname.lastname@example.org or in the dedicated session of the website https://www.berkem.it/gestione-resi-segnalazioni-e-reclami/
Art. 15 COMMUNICATION
15.1 All communications, authorizations, complaints, questions and requests allowed or imposed in relation to or depending on the provisions of this contract may be made: by regular mail, by registered letter with return receipt, by fax, by e-mail to the Supplier’s addresses and/or to the numbers indicated below:
16.1 These conditions come into force starting from 00:01 of the day following that provided below.
Art. 17 FINAL PROVISIONS AND APPLICABLE LAW
17.1. These Terms of Sale are governed by Italian law only.
17.2. The court of Padua is exclusively competent for any dispute relating to BERKEM supplies.
17.3. The transfer by the CLIENT of the rights or obligations deriving from the contract, without the prior written consent of BERKEM will be considered void. BERKEM will have the right to transfer the claims arising from the contract to third parties at any time, after having informed the CLIENT in writing.
17.4. The total or partial invalidity of one or more clauses of these Terms will have no effect on the validity of the remaining clauses.
17.5. It is understood that any tolerance regarding the violations of these Terms can in no way be interpreted as a waiver of exercising the rights related to them.
17.6. Any modification or correction to these Terms will be valid only if agreed and accepted in writing by the parties.