TERMS OF SALE

*SHIPPING & DELIVERY COST:

Shipping costs are calculated on the basis of several different criteria, such as weight, size, insurance, destination.
To calculate shipping, please add items to the shopping cart, select shipping method, go to the cashier and you will be given the total cost of the shipment before the end of each purchase.
If you do not select an appropriate method of shipping, the order will be adjusted accordingly to the method of transport suitable.
Oversized / oversize products as, bulky equipment and / or voluminous may be subject to additional shipping fees.
www.bricoutensili.com not responsible for any delays that might be caused by carriers and / or their affiliates.
www.bricoutensili.com not liable for delays due to: Storms, strikes of employees, or any other complication caused to our couriers or to their affiliates.

BRICOUTENSILI can ask a tag's photo, after the order was placed to check if spares bought from customers are ok for his model.
If customer do not have this label, a release will be requested to manage the order. We also remind that if the customer want to cancel the order, the refund will be made net of transaction costs

 
Shipping & Delivery costs:

Rates per carrier, geographical area and brackets

Carrier rates: Zone - Italy

Brackets:

From 0 kg to 30 kg - from 31kg to 40kg - from 41kg to 50kg - from 51kg to 60kg - from 61kg to 75kg - from 76kg to 100kg

Respectively: € 9.98 € 16.90 € 19.50 € 24.50 € 28.50 € 34.50

Prices are inclusive of all taxes.

- For payment on delivery Add + € 6.00 - (Choose Courier COD)






ANY SALE OF PRODUCTS BY A SELLER THROUGH THE MARKET PLACE IS GOVERNED BY THE SELLER'S GENERAL CONDITIONS OF SALE (the "SELLER'S GTC"), WITH THE POSSIBLE INTERACTION OF THESE SPECIFICATIONS

INTRODUCTION

Bricoutensili (Francesco Cicinato), publishes and manages the marketplace (hereinafter the "Marketplace") accessible from the website https://www.bricoutensili.com.

The Marketplace offers a professional intermediation service through which consumer customers (hereinafter "the Customers") can order products (hereinafter "the Products") sold by third-party sellers (hereinafter "the Sellers").

In this context, it is recalled that the Operator acts as an operator of an online platform pursuant to Legislative Decree no. 70/2003. The Operator therefore acts only as a simple technical intermediary. Its role is limited to hosting the merchants' offers on the marketplace and their contact with Customers.

On the site https://www.bricoutensili.com, the products it has always marketed and whose sale is regulated by the General Conditions of Sale of bricoutensili.com continue to be available for sale.

ARTICLE 1. DEFINITIONS

The terms indicated below have, in these Marketplace Commercial Conditions, the following meaning:

« Customer »: refers to any natural person, who guarantees to be a consumer, accesses the Marketplace and places an Order for Products with a Seller.
« Marketplace Commercial Conditions »: refers to the commercial conditions that harmonize the commercial practices of the Marketplace, integrating the Sales Contract in the event that the Seller's GTC are incomplete or non-compliant. The Marketplace Conditions are available at the following address: https://www.bricoutensili.com/en/content/1-Terms-of-Sale
« General Conditions of Use » or « GCU »: refers to the contractual conditions made available on the Marketplace home page, in order to regulate its use by any User.
« General Conditions of Service or GCS »: refers to the contractual conditions that regulate the provision of Marketplace Services by the Operator to Sellers.
« Seller GCS »: refers to the General Conditions of Sale that the Seller applies for the sale of its Products through the Marketplace. The Seller GCS may be provided by the Seller when it is present on the Marketplace platform and must comply with all the information made mandatory by the regulations in force. In the event of gaps or contradictions, the Seller GCS may be integrated by these Marketplace Commercial Conditions.
« Sales Contract »: indicates the contract between the Seller and the Customer that regulates the sale of a Product, consisting of the Seller's GTC, possibly integrated by these Marketplace Commercial Conditions. In the event of a conflict between the two documents, the Marketplace Commercial Conditions will apply first
« Customer Area »: refers to the interface hosted on bricoutensili.com in which all the data provided by the Customer are grouped and which allow him to manage his Orders. Access to the Customer Area is via your account managed by bricoutensili.com.
« Sales Area »: refers to the space assigned by the Operator to the Seller on the Marketplace that allows the Seller to present his company and his Products.
« Product Sheet »: refers to the presentation page of the commercial offer linked to a Product. The Product Sheet is generally composed of one or more photographs of the Product, the price, the characteristics of the Product and all the information required by law.
« Working Hours » : means a defined period between Monday at 00:00 and Friday at 23:59, excluding weekends and public holidays.
« Platform » or « Marketplace » : refers to the online platform accessible from the bricoutensili.com website (www.bricoutensili.com) on which the Operator offers its Services.
« Offer » : refers to the commercial Offer relating to a Product, which a Seller publishes on the Marketplace. Each product may benefit from several offers.
« Party » : in the singular, indefinitely designates the Customer or the Seller. In the plural, collectively defines the Sales and the Customer.
« Products » : refers to all the products offered by the Seller to the Customer via the Platform.
« Services » : refers to all the Services offered by the Operator in parallel with the provision of the Platform, of which the Marketplace Service is part.
« Marketplace Service » : refers to the Service consisting of making the Marketplace available primarily to connect Sellers and Customers in order to sell the Product.
« User »: refers to any person who accesses and navigates the Marketplace, whether Seller, Customer or simple Internet user.

« Seller »: refers to any Seller whose product offers are listed on the Platform.

ARTICLE 2. OBJECT

These Marketplace Commercial Conditions are offered in order to harmonize the commercial policy applicable to the sale of Products on the Marketplace. Any order placed on the Marketplace necessarily implies unconditional acceptance of these Marketplace Commercial Conditions

The Product Sales Contract is made up of the Seller's GTC, possibly supplemented by these Marketplace Commercial Conditions as well as the Product Sheet.

In the event of a conflict between the provisions of the Seller's GTC and these Marketplace Commercial Conditions, the latter will prevail in the following order: Product Sheet, Marketplace Commercial Conditions and finally the Seller's GTC.

ARTICLE 3. ACCEPTANCE OF THE MARKETPLACE COMMERCIAL CONDITIONS

The Customer must carefully read these Marketplace Commercial Conditions and accept them before proceeding to pay for an order of Products through the Marketplace.

The Customer is invited to carefully read, download and print these Commercial Conditions as well as the GTC of the Seller concerned by his order and to keep a copy of them.

The Customer undertakes to read the Marketplace Commercial Conditions and the GTC of the Seller for each new Order, the latest version of these Commercial Conditions and the GTC of the Seller applicable to any new order of Products.

By clicking to confirm the order, the Customer declares to have read, understood and accepted the Marketplace Commercial Conditions without limitations or conditions.

The Customer will always have the opportunity to contribute to the continuous improvement of the customer experience through the opportunity to respond to satisfaction questionnaires based on the purchase path taken. The Customer will have the advantage of providing feedback on the reasons for dissatisfaction and on suggestions for improvement.

ARTICLE 4. ORDERS

4.1. Product Characteristics

The Product Offers and more generally the Content published in the Sellers' Sales Areas are distributed by the latter under their exclusive and full responsibility.

Each Seller undertakes to present as clearly as possible the main characteristics of the Products within their Sales Area and the mandatory information that the Customer must receive in accordance with the applicable legislation. The Customer undertakes to read them carefully before placing an Order on the Marketplace.

4.2. Product Selection

The Customer, under his/her exclusive responsibility and based on his/her needs, chooses the Product(s) subject to his/her Order. The Seller will have no liability in relation to such selection by the Customer.

The Products presented on the Marketplace are in principle available. It is however specified that the Seller has a period of twenty-four (24) Business Hours (excluding weekends) after the Order to confirm the availability of the Product to the Customer. The Sales Contract will be considered concluded upon confirmation of the availability of the Product(s).

4.3. Identification

When the Customer accesses the contents of his/her cart, including all the Products, he/she is invited to identify himself/herself by logging in. The Customer can also log in after selecting the Products, but in any case before completing the purchase.

4.4. Confirmation of the Order

Once the Products have been selected and the identification data has been entered, a summary of the Order is presented, including information relating to the Products, prices and quantities.

The Customer chooses the delivery method and the payment method.

By clicking on "pay for my order", the Customer accepts the entire Sales Contract without reservations. The latter receives an email confirming the registration of his/her order.

4.5. Final confirmation of the Order

The Operator transmits the order to the Seller concerned, who is required to confirm or reject the latter within twenty-four (24) Business Hours (excluding weekends).

If the Seller cancels the Order within this period, the Customer will be refunded for the amount of his Order.

The order is considered final upon receipt of the email in which the Seller confirms the shipment of the Order, provided that the Customer's debit authorization is simultaneously communicated to the Marketplace.

A final confirmation will then be sent to the Customer, including all the elements relating to the order. It is the Seller's responsibility to send the Customer an invoice in accordance with the legal provisions in force or at the customer's request in cases where this is not obligatory.

ARTICLE 5. PRICES

The sales prices of the Products are freely defined by the Seller, in compliance with the laws and regulations in force.

The prices of the Products offered for sale by the Sellers on the Marketplace are expressed in Euros, VAT included.

These prices include all associated costs, including the cost of disposal of waste electrical and electronic equipment (the eco-contribution) and with the exception of delivery costs which are not included in the price of the Products and will therefore remain the responsibility of the Customer. This being specified, it is understood that the costs invoiced by the Marketplace Operator will be borne by the Seller.

They will therefore be included in the price of the Product sold on the Marketplace to the Customer.

The applicable price is the one indicated on the Marketplace on the date on which the Customer places the Order.

ARTICLE 6. PAYMENTS

6.1. Payment Methods

The Customer, at the end of his Order, can choose between the different means of payment accepted by the Seller.

By Credit Card: major credit cards are accepted

6.2. Payment Date

In the event of a single payment by credit card, the Customer's bank account will be charged as soon as the Product Order is forwarded to the Marketplace.

If the Customer decides to cancel his order for the Products in the exercise of his right of withdrawal, the Seller will refund the Order.

6.3. Refusal of Payment

In the event that, for any reason, opposition, refusal or other reason, the transfer of money due from the Customer is not successful, the order of the Products will be cancelled and the sale will be automatically cancelled and terminated.

ARTICLE 7. DELIVERY

7.1. Delivery Methods

The Customer may choose the delivery method indicated by each Seller. In the case of delivery by courier to the Customer's home, and unless otherwise expressly indicated in the Product Sheet, the Products are by default delivered street level to the address indicated by the Customer. The Seller communicates to the Customer its delivery conditions and restrictions within its offer.

7.2. Delivery Terms

The delivery times communicated by the Seller to the Customer in the Offer are understood to be calendar days from the final confirmation of the order, unless otherwise specified.

Deliveries can only be made within the territory served by the Marketplace, i.e. the territory of the Italian Republic.

Delivery will be made to the address indicated by the Customer at the time of the Order. The Seller will not be held responsible in the event of non-delivery of the Products due to an error in the delivery address communicated by the Customer.

For the sake of clarity, "standard" delivery time means a delivery time of three (3) days from the date of shipment of the Product.

Sellers may provide the Customer with a tracking number that will allow them to check the progress of the shipment.

7.3. Delivery Costs

Delivery costs are indicated in the Seller's Offer.

7.4. Delay in Shipping

In the event of a delay in shipping exceeding 30 days, the Seller will inform the Customer by email of such delay. The latter may then decide to cancel his Order.

In the event that the order has not yet been shipped, upon receipt of the Customer's cancellation request, the delivery will be blocked and the Customer will be refunded for any sums charged within 14 days of receipt of the cancellation request.
In the event that the order is in transit, the Customer may refuse the package. The latter will be refunded for any sums charged within 14 days of receipt of the refused package, complete and in its original condition.
In the event that the order has already been received by the Customer, the Seller will send him a return slip. Any sums charged will be refunded to the Customer within 14 days of receipt of the returned package, complete and in its original condition.

The Customer must check the conformity of the delivered goods before signing any delivery document. Therefore, the Customer is invited to open the package and check it.

In the case of a delivery by courier, if an anomaly is found, the Customer will refuse the package and specify the reasons for his refusal on the delivery note. This check is considered to have been carried out with a positive outcome once the Customer, or any person authorised to receive the package on his behalf, has signed the delivery document.

Within 3 working days of delivery, the Customer must also confirm his intentions to the Seller and the Carrier.

If the Customer has not had the opportunity to check the conformity of the Products, in particular in the case of delivery by postal parcel, he will have 10 days from receipt to communicate his complaints to the Seller and the Carrier.
ARTICLE 8. RIGHT OF WITHDRAWAL

8.1. Right of Withdrawal

In accordance with the legislation in force, for any purchase of a Product made on the Marketplace, the Customer has 14 days from receipt of the Product to exercise the right of withdrawal, without having to justify his decision or bear other costs, with the exception of the return costs which remain his responsibility. The Customer who has purchased a Product made to measure or personalized for sale on the Marketplace will not have the possibility of exercising the right of withdrawal and returning it.

8.2. Method of returning the Product

In accordance with Article 52 and following of the Consumer Code, the withdrawal period expires fourteen (14) days from the day on which the Customer or a third party, other than the Carrier and designated by the Customer, acquires physical possession of the Product.

In the event that the Customer has ordered multiple Products through a single Order resulting in multiple Deliveries (or in the event of an order for a single Product delivered in multiple batches), the withdrawal period will expire fourteen (14) days after the day on which the Customer or a third party other than the Carrier and designated by the Customer acquires physical possession of the last Product delivered.

If the Customer's order concerns multiple Products and these Products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the Customer, a third party, other than the Carrier and designated by the Customer, acquires physical possession . of the last product.

The Customer has the possibility to test the Product but may be held liable, in particular:

▪ if the Product is damaged or its value has decreased as a result of manipulation other than that necessary to establish the nature, characteristics and proper functioning of the Product;

▪ if the Product has been returned incompletely (without its accessories, packaging, instructions or documentation).

8.3. Communication of the intention to exercise the Right of Withdrawal

To exercise the right of withdrawal and in accordance with Article 52 et seq. of the Consumer Code, the Customer must communicate his decision to withdraw by means of an unequivocal declaration. To do so, the Customer is invited to access his Customer Area in the "order tracking" section on the Marketplace. Within this section, the Customer will have the possibility to indicate to the Seller his intention to exercise his right of withdrawal.

In order for the withdrawal period to be respected, the Customer must send his communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.4. Effects of Withdrawal

In the event of withdrawal by the Customer, the Seller undertakes to refund all sums paid, including delivery costs (with the exception of additional costs resulting, if applicable, from the Customer's choice of a delivery method other than the standard delivery method offered by the Seller) without undue delay and, in any case, no later than fourteen (14) days from the day on which the Seller receives the returned Product.

Unless otherwise indicated in the Seller's commercial offer in advance, in particular in the Product Sheet or in the Seller's GTC, the return costs are in principle borne by the Customer.

The Seller will proceed with the refund using the same means of payment used by the Customer for the initial transaction.

The Seller is not required to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

The Seller may withhold reimbursement until it has received the Product or until the Customer has demonstrated that he has sent back the goods, depending on which situation occurs first.

8.5. Method of returning the Product

The Customer must, without unjustified delay and, in any case, no later than fourteen (14) days from the communication of his decision to withdraw from this contract, return the goods to the address indicated by the Seller.

This period is considered respected if the Customer sends back the goods before the expiry of the period of fourteen (14) days.

The Customer undertakes to return the Products according to the instructions communicated by the Seller, in the original packaging (or, if the original packaging is damaged, in packaging that allows equivalent protection of the Products), with all its accessories and/or instruction/maintenance booklets where present.

ARTICLE 9. WARRANTIES AND SERVICE

With the exception of commercial and/or conventional guarantees that the Seller may offer for certain Products, all Customers benefit from the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code (''Legal Guarantee'').

The after-sales service is provided directly by the Seller. The Customer is invited to contact the Seller via its customer service.

ARTICLE 10. LIABILITY

IMPORTANT Except in the case where the Operator is also the Seller, the Operator acts as a simple intermediary between the Seller and the Customer when the latter orders a Product on the Marketplace. In this regard, the Operator cannot be held liable for any breach of contract attributable to the Seller.

It is specified that the Seller's liability cannot in any case be invoked in the event of total or partial non-fulfilment of the contractual obligations attributable to the Customer, in particular at the time of signing the Order.

The Seller cannot be held liable for any delay or non-fulfilment, when the cause of the delay or non-fulfilment is linked to a case of force majeure as defined by case law.

It is also specified that the Seller will be solely responsible for direct damages caused to the Customer due to the Order of Products on the Marketplace.

In accordance with the provisions of the General Conditions of Use, except in the case in which the Operator is a Seller, it is recalled that for all the contents published by the Seller on his Sales Area, the Operator will have the quality of 'host' pursuant to article art. 16 of Legislative Decree no. 70/2003 on electronic commerce.

In this capacity as Host, the Operator undertakes to promptly remove any manifestly illegal content as soon as it becomes aware of it. Notification of manifestly illegal content can be made by email to info@bricoutensili.com and by registered mail with acknowledgement of receipt to the Operator's address.

By way of example, the Operator cannot be held responsible for the contents of a Sales Area (description of the product, composition, etc.), unless the Operator has made said content inaccessible after being informed of its manifestly illegal nature pursuant to and in accordance with the terms of Legislative Decree no. 70/2003. In the event of a dispute between a Customer and a Seller, the Operator may nevertheless intervene in order to facilitate an amicable reconciliation.

ARTICLE 11. PERSONAL DATA

With regard to the processing of personal data carried out on the Marketplace, bricoutensili.com and the Operator refer the Customer to their Policy on the processing of personal data available here

ARTICLE 12. DISPUTE MANAGEMENT

Step 1: In the event of a dispute during a purchase on the Marketplace, the Customer opens a report via his Customer Area by selecting the reason for the complaint and specifying the content. The Operator and the Seller receive the Customer's complaint.

Step 2: In the event of a well-founded complaint that is not resolved promptly (example: hidden defect recognized by the manufacturer, non-conformity, delay in delivery, etc.) within forty-eight (72) working hours, the Operator sends a first reminder to the Seller.

Step 3: In the absence of a response from the Seller within twenty-four (24) working hours from the sending of the first reminder, the Operator will send a second reminder to the Seller.

Step 4: In the absence of a response from the Seller within twenty-four (24) working hours from the sending of the second reminder, the Operator may then intervene to find an amicable solution to the dispute.

ARTICLE 13. APPLICABLE LAW AND JURISDICTION

These Marketplace Conditions of Sale are subject to Italian law. In any case, all the rights of the Customer provided for by the applicable legislation for the protection of consumers are preserved.

In the event of a dispute, an amicable solution will be sought in advance. In the absence of an amicable agreement between the parties, the dispute will be under the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer. These General Conditions may be modified and updated at any time. The Customer will be informed with a 15-day notice with respect to the entry into force of any modification to these General Conditions. In the event that the Customer does not accept such modifications, he will have the right to terminate the contract.