Terms and Conditions

1. General

These terms and conditions of sale refer to distance selling of the products shown in the website www.theberkelworld.com/us (hereinafter the Website) by Van Berkel USA, Inc. (hereinafter VBUSA or Supplier), with headquarters in 2 South Biscayne Blvd., Suite 3200, Miami, FL 33131. Products will be sold in compliance with the procedure indicated in the website and the terms and conditions below, which the customer must read and accept before confirming the order.

2. The Parties

Details of the seller Van Berkel USA, Inc., with registered office in 2 South Biscayne Blvd., Suite 3200, Miami, FL 33131, e-mail: vbusa@berkelinternational.com, certified e-mail: vbisrl@legalmail.it, telephone: +1-305-809-0308.

Customer: the other party of the sales contract to which these terms and conditions apply is the consumer, a natural person who purchases a product outside their trade, business, craft or profession.

3. Language of the contract

The official language of this contract is English.

4. Purpose and territory

The purpose of the contract is the sale of products shown and made available at www.theberkelworld.com/us, with the features indicated in the data sheets therein.

5. Prices, Sales Tax and Shipping

The unit prices are expressed in U.S. Dollars before sales tax and are indicated for each product in the reference pages of the website. The shipping prices are indicated in a specific section of the website.

Sales tax is calculated according to the laws of the state to which the order is shipped. Items sold by this website and shipped to destinations within the state of Florida are subject to sales tax.

The total price of the purchased products, sales tax and shipping costs are calculated automatically by the system and indicated in a specific page.

6. Purchasing a product

The steps to enter into the contract are indicated in the website. The Customer must follow these steps and check that the data entered are correct.

6.1 Selecting a product and placing an order

The Customer must select the products by clicking on the corresponding icon, indicating the desired quantity in the specific space, and then click on the “Add to cart” icon. The selected products are summarised in the “cart” section, together with their price, sales tax and shipping costs.

The Customer may edit or correct the data entered when selecting the product or the number of products to purchase before confirming the order by clicking on the button to return to the product presentation page.

6.2 Privacy policy, registration, and indication of the shipping address

After selecting the products to purchase, the Customer must enter his/her personal data, authorise their processing for the purposes of the contract, enter the address where to ship the products, and proceed with the registration. If the Customer has already signed up, he/she will only have to sign in to purchase the products. Personal data are processed in compliance with the privacy laws of the United States of America.

6.3 Completing the order and payment

The order form corresponds to the Customer’s contract proposal and is confirmed by clicking on the relative icon after accepting the terms and conditions of the contract and entering the payment details. Products and shipping can be paid by credit card, PayPal, and bank transfer.

6.4 Accepting the terms and conditions

The Customer must read and accept the terms and conditions of the contract before confirming the order. The Customer must print out or save these terms and conditions.

6.5 Entering into the contract

The contract between the Supplier and the Customer is entered into as soon as the Supplier accepts the order. The Customer receives a confirmation email with the summary of the ordered products, prices, sales tax, shipping costs and shipping address.

6.6 Execution of the contract Payment

The Supplier will send the purchased goods, in compliance with section 7, upon receiving the payment with one of the methods specified above.

7. Shipping and delivery costs and times

The products purchased through the website will be delivered to the address indicated by the Customer. The order will be delivered via courier. The Supplier will not be held liable for unforeseeable delays.

The shipping costs are calculated during the purchase procedure in addition to the product cost.

8. Exclusion of liability

The Supplier will not be held liable for failed or delayed execution of the contract caused by force majeure, unforeseeable circumstances, or Internet shortages, which prevent the execution of the contract, in whole or in part, within the agreed timeframe.

The Supplier will not be held liable for any damage, loss, or costs borne by the Customer in the event of failed execution of the contract for reasons not attributable to it and/or unavailability of the ordered product. The Customer will be entitled only to the reimbursement of the amounts paid.

Similarly, the Supplier will not be held liable for any fraudulent or unlawful use of the credit card or other payment methods by third parties. The Supplier cannot know the Customer’s credit card, which is transmitted directly to the Bank managing the service through a secure connection.

9. The Customer’s obligations

Upon proceeding to check out, the Customer undertakes to print out or save these terms and conditions and the specifications of the purchased product. It is prohibited to enter false and/or invented data during the registration process required for executing this contract and future communications. The personal data and email must be those of the person placing the order and not of third parties or fictional characters. It is expressly prohibited to register twice for the same person and to enter personal data of third parties. The Supplier is entitled to prosecute any breach and infringement in the interest of all consumers.

10. Right of withdrawal

Should the Customer not be satisfied with the purchase for any reason, he/she is entitled to withdraw from the contract without any penalty and without specifying the reasons within 14 calendar days from then the goods were received. The Customer must notify withdrawal within said deadline via registered letter with return receipt to: Van Berkel USA, Inc., 2 South Biscayne Blvd., Suite 3200, Miami, FL 33131. The Customer may also send an email to vbusa@berkelinternational.com within the same deadline, which must be followed by the aforementioned registered letter with return receipt within 48 hours. The Customer must return the purchased products to the Supplier within ten days from the withdrawal notification to the following address: Van Berkel USA, Inc., 8578 NW 23rd Street, Miami, FL  33122. The products must be PERFECTLY INTACT and in their original packaging with no part missing. The goods will be returned at the Customer’s expense.

Upon receiving the product, the Supplier will reimburse the amount paid by the Customer, including shipping expenses (from the Supplier to the Customer) within thirty days from when it receives the returned products.

11. Nonconformities

Any nonconformity must be reported to the Supplier’s service department telephone: +1-786-261-0766 within two months from its detection, under the penalty of making the warranty null and void. Once the defect is ascertained, the Customer will be entitled either to the replacement of the product or to an appropriate price reduction, or to the termination of the contract with the reimbursement of the amounts paid.

12. Complaints

The Customer may file a complaint by sending an email to vbusa@berkelinternational.com within 3 days from receiving the product, indicating the reason for the complaint and attaching a photograph of the product.

Should the Supplier deem it necessary, the Customer must send the disputed goods via a courier to allow for in-depth verifications.

This will be done at the expense of the Supplier, who will assess whether the complaint is justified and, if so replace the item.

13. Applicable law and Jurisdiction

It is understood that the sales contract with Van Berkel USA, Inc. is entered into in the United States of America and governed by the laws of the State of New York. Any dispute arising from the application, execution, interpretation, and violation of purchase contracts entered into online through the website www.theberkelworld.com/us will be subjected to and settle by the laws of the State of New York.

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