Terms and conditions
1. Introduction
These general terms and conditions of sale concern distance selling by means of electronic commerce by Van Berkel International Srl (hereinafter referred to as VBI or Supplier), with registered office in Oggiona con S. Stefano (VA) Via Ugo Foscolo 22, of the products displayed on the website www.theberkelworld.it (hereinafter SITE), according to the procedure indicated therein and under the conditions reported below, which the customer must read and thus accept before proceeding with order confirmation.
2. Parties to the contract
Seller’s details: Van Berkel International Srl, with registered and administrative office in Oggiona con S. Stefano (VA) Via Ugo Foscolo 22, CAP 21040, VAT/Tax Code 08688960965, e-mail: info@berkelinternational.com , certified e-mail: vbisrl@legalmail.it , telephone: 0331.214311, fax: 0331.214350
Customer:the counterparty of the sales contracts to which these general conditions of contract apply is the consumer, a natural person purchasing for purposes not attributable to the commercial, industrial, artisanal, or professional activity carried out.
3. Contract Language
The language available to conclude the contract is English.
4. Subject matter and territorial scope of the sale
The object of the sale is the products represented and made available on the website www.theberkelworld.it , with the characteristics indicated in the respective reference sheets present on the site.
5. Sale Prices
The unit sale prices are expressed in euros and indicated for each product on the relevant pages of the site. The unit prices of the products include VAT and any other tax, unless otherwise indicated.
The total price of all products purchased and shipping costs is automatically calculated by the system and displayed on a dedicated page.
6. Product Purchase Procedure
The technical steps to be followed to conclude the contract are those reported on the site; they must be followed by the Customer, who is required to verify the correctness of the data entered into the system.
6.1 Product Selection and Order Formation
To make a purchase, the Customer must select the products they wish to buy by clicking the corresponding icon, enter in the appropriate space the quantity of product they intend to purchase, and click the “Add to cart” icon. The selected products are summarized on the “Cart” summary page, together with their cost and shipping cost. If the Customer wishes to modify or correct the data entered with the product selection and quantity indication, this is always possible until order confirmation, by clicking the command to return to the product presentation screen.
6.2 Consent to the Processing of Personal Data, Registration, and Indication of Delivery Address
Once the identification of the products to be purchased is completed, the Customer must enter their personal data, consent with a specific declaration to the use and processing of such data for purposes related to the purchase contract of the above products, enter the address to which they wish to receive the product, and proceed with registration. If already registered, they must simply enter the login credentials previously chosen. The data will be processed in compliance with privacy regulations as specified in the specific information present on the site.
6.3 Order submission and payment
The order form thus completed is equivalent to a contractual proposal by the Customer and is sent to the Seller with its confirmation, by clicking on the relevant icon after accepting the general conditions of contract and after entering the payment data requested on the site. Payment for the products and shipping costs can be made by credit card, PayPal, or bank transfer.
6.4 Acceptance of the general conditions of contract
Before proceeding with order confirmation, the Customer must read and thus accept the general conditions of contract. The Customer must print and keep or save an electronic copy of these general conditions of contract.
6.5 Conclusion of the Contract
The contract concluded between the Supplier and the Customer is considered concluded with the acceptance of the order by the Supplier. This acceptance is communicated to the Customer via an order confirmation email, with a summary of the ordered products and costs, and the indicated delivery address.
6.6 Execution of the Contract. Payment
The Supplier will ship the purchased goods according to point 7 as soon as payment has been received from the Customer, according to the methods specified below.
7. Shipping Costs and Delivery Times
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure. Orders will be delivered by express courier from Monday to Friday, excluding holidays and national celebrations. The Supplier is not responsible for unforeseeable delays. In case of Customer absence at the time of delivery, a notice will be left, and the Customer must personally contact the courier as soon as possible to agree on delivery methods.
The shipping costs related to the product to be purchased are calculated during the purchase procedure in addition to the product cost and clearly indicated in the order confirmation email generated by the system and sent to the Customer.
8. Exclusion of liability
The Supplier assumes no liability for failure or delayed execution of the contract attributable to force majeure, fortuitous events, or internet network failures that prevent, wholly or partially, the execution of the contract within the agreed time. The Supplier is not responsible for damages, losses, or costs incurred by the Customer in the event of contract non-performance for reasons not attributable to them and/or for the non-availability of the ordered product, with the Customer only entitled to the refund of amounts paid.
Likewise, the Supplier is not responsible for any fraudulent and illegal use by third parties of credit cards and other payment methods at the time of product purchase. In fact, at no time during the purchase procedure is the Supplier able to know the Customer’s credit card number, which is transmitted directly to the banking institution managing the service through a secure connection.
9. Customer Obligations
The Customer undertakes, once the online purchase procedure is completed, to print and retain these general conditions, as well as the product specifications, in order to fully satisfy the requirement of Directive 2011/83/EU of the European Parliament and Council of 25 October 2011 on consumer rights. It is strictly forbidden for the Customer to enter false, invented, or fictitious data during the registration procedure necessary to activate the execution process of this contract and related communications; personal data and email must be their own real data and not of third parties, or fictitious. Double registrations corresponding to a single person or insertion of third-party data are expressly prohibited. The Supplier reserves the right to legally pursue any violation or abuse, in the interest and protection of all consumers.
10. Right of withdrawal
The Customer who for any reason is not satisfied with the purchase has the right to withdraw from the concluded contract, without any penalty and without specifying the reason, within 14 calendar days from receipt of the goods. Withdrawal must be made by sending a registered letter with return receipt to: Van Berkel International Srl, Oggiona con S. Stefano (VA) Via Ugo Foscolo 22 CAP 21040. Within the same period, a fax may be sent to +39 0331.214350 or an email to technical@berkelinternational.com , to be followed within 48 hours by the aforementioned registered letter with return receipt to confirm withdrawal. Within ten days from the date of communication of withdrawal, all purchased products must be returned to the Supplier at the above address, intact, perfectly preserved, and in their original packaging, without any missing parts.
If the Customer exercises the right of withdrawal or replacement, the return is always at the Customer’s expense. Return or replacement is at Van Berkel International’s expense only in the case of non-compliant or defective products. In case of return, the product must be returned to the company in its original packaging. Customers without the original packaging may request Van Berkel International to provide the specific packaging. Shipping costs for new packaging are borne by the Customer. Requests for replacement or refund for products received without their original packaging will not be processed. IN CASE OF REPLACEMENT FOR NON-COMPLIANT OR DEFECTIVE PRODUCTS, contact technical@berkelinternational.com and WAIT for confirmation from the service. Return the product to the company only after confirmation from the service. Once the product is received, Berkel will refund the total amount paid by the Customer, including shipping costs from the Berkel warehouse to the Customer, within thirty days from receipt of the returned product.
11. Non-conformity defect
In accordance with Directive 2011/83/EU, any non-conformity must be reported within two months of discovery, and once the defect is confirmed, the Customer is entitled, at their choice, to replacement, a reasonable price reduction, or contract termination with refund.
12. Complaints
The Customer may submit a complaint by email to technical@berkelinternational.com within 3 days of receipt of the product, indicating the nature of the complaint and sending a photo of the product. If deemed necessary by the Supplier, the Customer must send the product by courier for verification. The Supplier will evaluate whether the complaint is justified and, if so, will immediately replace the item.
13. Applicable Law, Jurisdiction, and Competent Court
The sales contract with Van Berkel International Srl is concluded in Italy and governed by Italian law. Any dispute regarding the application, execution, interpretation, and violation of online purchase contracts concluded via www.theberkelworld.it is subject to Italian jurisdiction and will be under the jurisdiction of the Customer’s residence or elective domicile if located in Italy. In all other cases, the competent court is Milan (MI), Italy.
