Terms and conditions of sale
Agreement for distance trade between Briotech Srl (offices in Via alle Fabbriche 105 – 10072 Caselle Torinese, TO) and the Customer:
Briotech Srl has no responsibility for inefficiency due to extreme circumstances such as incident, explosion, fire, strike and/or lockout, earthquake, flood and other similar events which could prevent, totally or partially, from the fulfilment of the agreement within the arranged deadline.
Briotech Srl has no responsibility for damages, losses or costs deriving from the missed fulfilment of the agreement due to the above mentioned conditions, since the Customer has only the right to claim the potential refund of the paid amount, excluding shipping costs.
Likewise Briotech has no responsibility for potential illicit or dishonest use of credit cards, checks and other payment methods by a third party, when paying for the purchased products.
Briotech Srl cannot be aware of the buyer’s credit card number in any moment of the purchasing process; also, Briotech Srl cannot verify the licit source of the credit instrument received from the Customer when the products are delivered.
After closing the purchasing process online or by e-mail or by fax, the Customer is required to print and/or keep these general conditions, after reading and accepting them, and he is required to keep the specifications of the purchased product (conditions in accordance with art. 52 and 53 of D.Lgs. 206/05).
The buyer cannot insert fake and/or invented data during the registration process, which is necessary for the fulfilment of the sale agreement and the related further notices; personal data and e-mail address must be the buyer’s real personal data.
CONTRACTUAL DISSOLUTION AND DISSOLUTION CLAUSE
The buyer’s duties in Art.2, together with the payment guarantee, are necessary; so the buyer’s non-compliance with one of these conditions will cause the dissolution of the agreement (in accordance with art.1456 c.c.), with no need of judicial decision, except for the case in which Briotech Srl claims its right for compensation.
COURT OF COMPETENT JURISDICTION
Any dispute about application, fulfilment, interpretation and violation of the trade agreement online or by e-mail or by telephone got from one of the websites www.eridania91.it is under Italian jurisdiction; these general conditions are established in accordance with, although not expressly referred to therein, D.Lgs.50/92 and D.Lgs 206/05.
Any dispute about this contract is under Turin Court authority.
WARRANTY AND ASSISTANCE MODALITIES
The products we sell are covered by the manufacturer’s conventional warranty and, only for the end user, by the 24 months legal warranty for conformity defects, in accordance with artt. 128 ss. D.lgs. n. 206/2005.
The manufacturer’s conventional warranty applies in accordance with the manufacturer’s modalities.
The 24 months warranty applies to a defective product, provided that the product is used correcty and in accordance with its end use and with what is illustrated in the attached technical documents.
This warranty is restricted to the private user.
In case of conformity defect, the seller will refurbish the product compliance by means of fixing/replacement or price reduction, or even termination of the contract.
If, after the intervention of an Authorized Assistance Centre, the defect doesn’t turn out to be a conformity defect, the Customer has to pay the Authorized Assistance for check and refurbishment, as well as for transportation costs if paid by the seller.
The time for fixing or replace the product depends only on the manufacturer’s policy.
If, for any reason, the seller cannot offer a guaranteed product (refurbished or replaced) to the Customer he can, at his own discretion, give back the whole amount paid by the Customer or replace the product with another one (with same or better characteristics).
If the warranty application calls for the return of the product, the Customer has to give it back in the original packaging with all of the components (including packaging, documents and optional equipment such as manual, cables etc.).
For this purpose the Customer has to ask Briotech Srl for the authorization number for the product return, filling in the specific application form available online.
If the return of the product is authorized, the Customer is expected to pay for shipping costs in case of defective products, while Briotech will pay in case of refurbished or replaced products return.
If the returned products are perfectly functioning, Briotech Srl will send them back again at the Customer’s expense. If the revised product warranty is not effective any more, Briotech Srl will inform the Customer about the amount he has to pay.
If the Customer turns down the repair, he has to pay the assistance centre € 35,00 for its intervention.
The warranty only covers repair or replacement of unusable or inefficient items for manufacturing or production defects.
The warranty does not cover glass components, lamps, bodies, batteries, rechargeable batteries, consumable material, maintenance and calibration services mentioned in the user manual.
The warranty is not effective if the item has been tampered by unauthorized persons, if the defects are due to buyer’s negligence or wrong use, fraud, transportation, impact, fall, leak of battery liquid, use of consumable materials not in compliance with the device manufacturer's specifications or other reasons not deriving from manufacturing or production defects.
Briotech Srl cannot, in any case, be charged with costs or damages deriving from possible breakdown of the devices covered by warranty.
Under authorization of Briotech Srl, the defective items (with warranty certificate attached) must be sent at the Customer’s expense to the following address:
La Briotech Srl. Via Alle Fabbriche 105 - 10072 Caselle Torinese (TO).
Briotech Srl cannot, in any case, be charged with costs or damages deriving from possible delays in the repair due to a third party.
RIGHT OF WITHDRAWAL (IN ACCORDANCE WITH D. LGS. 206/05):
The government decree does not apply to those people who are not classifiable as consumers, that is those people who act for purposes related to their own profession, which means someone who places an order showing the VAT registration number for the invoice.
The Customer can exercise the right of withdrawal, with no sanction and no need to specify the reason, within 10 working days from the delivery.
The right of withdrawal can be exercised within the established deadline by sending a registered mail with return receipt and all the purchased items to the following address: La Briotech Srl. Via Alle Fabbriche 105 - 10072 Caselle Torinese (TO).
The notice can also be sent earlier by e-mail, provided that it is confirmed by a registered mail with return receipt within the following 48 hours.
If the right of withdrawal can be exercised, the Customer must return at his own expense all the items referred to on the invoice just as he received them, which means new, not used, with all of their components and inside their original packaging (envelope and package).
If the Customer opens the blocked computer software he cannot exercise the right of withdrawal, in accordance with art. 55 comma 2 of D. Lgs. 206/05. For any further information about software and related licenses it is necessary to contact the manufacturers.
Non-compliance with these conditions prevents the right of withdrawal.
If the right of withdrawal can be exercised, after receiving the items Briotech Srl will refund the whole amount paid by the Customer, except for additional expenses (packaging, labor, transportation, registered letter, Paypal commission etc.), within 30 days from receiving the notice by means of: goods exchange, bank transfer, transfer entry related to payment by credit card, return of the financed amount in case of already paid off financing.
Attention: if the right of withdrawal cannot be exercised, the items collection at our offices will be at the Customer’s expense.
If the fulfilment of the order is impossible because of (even temporary) product unavailability, Briotech Srl has the right to:
- wait for supply of the lacking product and then fulfil the order or fulfil one part of the order and send the other part in free port as soon as the lacking product is available (shipping costs at the expense of Briotech Srl).
- withdraw from the trade agreement within 30 days from order date providing the Customer a simple explanation of the reasons, in accordance with art. 54, comma 2 D. Lgs. 206/05. In this case the Customer has only the right to claim the refund of the amount he already paid.
Shipping is carried out within max 2448 hours from the moment of receiving the payment, according to stock availability.
You'll be informed about shipping costs together with our order confirmation
The courier delivers the purchased items within 2448 hours from shipping date
If you need the products to be delivered in less than 2448 hours, contact us: anyway we remind you that we are not legally responsible for delays that do not depend on our own behaviour.
All released information will be used only for financial purpose and for fulfilment of the order.