1. Definitions and general provisions

1.1 Officina Meccanica B E G srl (hereinafter referred to as “B E G”) offers and sells products for the maintenance of orchards directly to its Customers through the website named www.begpruners.com (hereinafter referred to as “The Website”). The sale of products on the Website is subject to these conditions of sale (hereinafter referred to as “Conditions of sale”). The products presented on the Website are sold by Officina Meccanica B E G srl, an Italian company headquartered in Città di Castello (Perugia) – Italy, Via Giuseppe Antoniucci, 3, postcode 06012, Regnano, registered in the Commercial Register of Perugia, tax code and VAT Number 01837570546, Economic Administrative Index N. PG-162524.

1.2 The products are sold on the Website directly to the Customers exercising a business activity (dealers, traders, craftsmen, practitioners).

1.3 The purchase contract, the relevant procedures as well as all related documents are available in Italian, English, French and Spanish.

1.4 Before placing the order, the Customer is required to carefully read these conditions of sale. Placing the purchase order implies the entire understanding and the explicit acceptance of both the conditions of sale and what is stated on the Order form. Once the online purchase procedure is completed, the Customer is required to print these conditions of sale and the relevant Order form, already read, and accepted.

2. Registration

2.1 In order to purchase on the e-commerce Website, Users are required to register providing, truthfully and completely, the data indicated in the relevant registration form and to fully accept the privacy policy and the Conditions.

2.2 The User has the burden of keeping his/her login credentials which should be used for own and exclusive use and cannot be transferred to third parties. The User agrees to keep them confidential and to immediately inform B E G if he/she suspects or hears of their possible undue disclosure.

2.3 The User guarantees that the personal information provided during the registration procedure is complete and truthful and agrees to indemnify and hold B E G harmless for any damage, liability obligation and/or penalty deriving from and/or linked to the violation by the User of the rules concerning the Website’s registration and the preservation of the registration credentials.

2.4 After completing the registration form, B E G shall verify the provided data and give final approval.

3. Account deletion and closure

3.1 The registered User can cease using the e-commerce website at any time and disable his/her account or ask for a deletion sending a written notification to export@begpruners.com.

3.2 In case of violation by the User of these Terms and conditions as well as of the applicable legal provisions, B E G reserves the right to suspend or close the User’s account at any time and without prior notice.

4. Purchase procedure

4.1 The website shows the picture, the unit price and the technical specifications of each selected product. The pictures are used for illustrative purposes only; B E G thus shall not be held liable for any graphical representations of the products offered on the Website.

4.2 In order to proceed with the purchase of one or more products offered on the Website, the Customer, after having carefully viewed the product sheet, shall fill in the electronic order form and send it to B E G by electronic means, following the instructions indicated on the Website.

4.3 The order form contains a reference to these General conditions as well as a summary of the information on the essential characteristics of each ordered product, together with the corresponding price (including any applicable taxes). It also contains the information on the chosen method of payment, the delivery method of the purchased products, the conditions of the right of withdrawal as well as the privacy policy. The shipping and delivery costs shall be quoted separately depending on the customer’s needs. After having viewed and accepted the General conditions, the summary of the information on the essential characteristics of each ordered product, the details of delivery costs, the conditions of the right of withdrawal, as well as the privacy policy, the Customer shall choose the payment method and select the option “Order”.

4.4 With the electronic transmission of the Order form, the Customer accepts and agrees to respect these Conditions of sale during the performance of the contract with B E G. Should he / she not agree with any of the terms indicated in the Conditions of sale, the Customer is prompted not to send the Order form for the purchase of the products offered on the Website.

Before submitting the order, the Customer should carefully read the whole content, identify, and correct potential data-entering mistakes.

4.5 After the conclusion of the Contract, B E G will accept the purchase order placed by the Customer and this shall be processed within the date indicated by B E G in the acceptance of the order.

4.6 It is intended that B E G reserves the right not to process incomplete and incorrect purchase orders which do not give a guarantee of solvency or submitted by Customers who a legal dispute is in progress with, in relation to a previous order or if B E G believes that the Customer is not suitable for whatever reason, or in case the Customer is implied in fraudulent activities of all kinds. B E G reserves the right to limit or not to process orders which, in its sole discretion, it is not able to process.

4.7 If the products offered on the Website are not available or on sale anymore after the order submission, B E G shall promptly inform the Customer about the possible unavailability of the ordered products. If payment has already been issued, B E G shall reimburse the sums paid by the Customer within thirty (30) days from the day after the submission of the order form to B E G.

4.8 With the submission of the Order form, the Customer acknowledges and declares that he / she has examined all the indications provided during the purchase procedure and that he / she fully accepts the General conditions as to be binding after having concluded the purchase.

4.10 At the end of the purchase procedure, the Customer will receive an e-mail at the address indicated in the Order form as a confirmation of the placed order, the privacy policy as well as the information on the right of withdrawal.

5. Order confirmation and acceptance

5.1 The order procedure is complete when the Customer selects the option “Order”. Upon confirmation of the order form, the order will be submitted to B E G to be processed and cannot be modified nor cancelled.

5.2. The data registered by B E G on the server will be treated as proof of the transaction concluded by the Customer and B E G, and it will be maintained as indicated in the Privacy policy. The seller shall send an order acceptance e-mail indicating delivery date and transport charges, if paid by the seller on behalf of the Customer.

6. Prices

6.1 The prices of the products offered on the Website shall be exclusive of VAT, packaging, and shipping costs, as well as all applicable taxes.

6.2 The prices of the products offered on the Website are indicated in EUR.

6.3 The prices of the products could be subject to updates. B E G reserves the right to modify the price of the products offered on the Website at any time and without prior notice. The Customer will be charged for the price indicated on the Website at the time of the order form submission by the Customer to B E G. The Customer is required to make sure of the final selling price of the purchased product before submitting the order form.

6.4 All products will be shipped from Italy with the clause “ex works”.

7. Payment method

7.1 The Customer can issue the payment of the purchased product via bank transfer.

7.2 The execution of the purchase order will occur only after payment reception on the payee’s bank account (Officina Meccanica B E G srl).

After 10 days from order acceptance without Officina Meccanica B E G srl having received the bank transfer, the order will be cancelled.

8. Shipment and delivery of products

8.1 The products will be delivered “ex works”. The Customer shall inform the seller about the chosen mode of transport and products delivery, which will take place at his / her own expenses. The Customer is entitled to assign the transport organization to B E G. Delivery occurs on a working day, generally from Monday through Friday.

8.2 The installation of the products will be performed by the Customer who shall carefully follow the indications contained in this user manual.

8.3 B E G is not liable for any delays in the products delivery not attributable to them.

8.4 The delivered products shall be checked by the Customer at the time of delivery to make sure that they correspond to the ordered products. The Customer shall indicate any anomaly observed on delivery (for example packaging tampering or damage, missing items compared to the ones indicated on delivery note etc..), under penalty of forfeiture, directly on the delivery note received by the carrier. The original copy of this document will be held by the carrier who will give a copy to the Customer.

8.5 Without prejudice to the provisions of previous paragraph 8.4, if the products received by the Customer do not correspond to the ordered ones or in case of anomaly observed upon Delivery, under penalty of forfeiture, the Customer is required to inform the B E G Customer service at the following e-mail address export@begpruners.com; B E G reserves the right not to reply to the claims sent after eight (8) days from receiving the products.

The claim shall be carefully documented with photos and videos.

The goods shall not be resent without prior authorization of B E G.

9. Warranty

9.1 B E G shall repair or replace free of charge the machines or parts of them, which, at its sole discretion, are not suitable to be used.

9.2 The defect shall be communicated within eight (8) days from discovery, via e-mail to be sent to export@begpruners.com, where all observed defects shall be described in detail.

9.3 As for the execution of the warranty obligation, B E G, at its choice, can: a) perform the repairs and / or substitutions or have the repairs and / or substitutions performed by third parties, with travel expenses and board and lodging charged to the buyer; b) have the repairs and / or substitutions performed by the Customer, equipping him / her with the corresponding instructions and providing for free, if applicable, the spare parts ex works. In any case, unless otherwise agreed, the costs and risks linked to the transportation of defective parts as well as repaired or replaced parts are always charged to the Customer.

9.4 Any damage claims are excluded.

9.5 The warranty does not apply if the Customer is in default at the time of the complaint.

9.6 Even in case of a dispute on the products, the Customer cannot suspend his / her obligations.

10. Changes and corrections to the Website

10.1 B E G can change and correct these Conditions of Sale as well as the products offered on the Website and their price at any time and without prior notice. The Customer is required to carefully verify the Conditions of sale every time he / she uses the Website to make a purchase.

10.2 Occasionally there may be spelling mistakes, inaccuracies, or omissions (hereinafter referred to as “Mistakes”) on the Website, concerning the description of the product, the price, possible promotions, offers and availability. B E G reserves the right to correct those mistakes, change or update the information, withdraw any offers containing mistakes and cancel any order without prior notice at any time before shipment, after the order placement and even if the Order form has been confirmed and the corresponding amount has been received on the bank account of Officina Meccanica B E G srl, or charged to the Customers’ credit card. In that case, the amount paid by the Customer shall be reimbursed.

10.3 The above-mentioned changes and / or corrections shall be considered valid only in relation to the purchase orders submitted after the date of the change or correction made by B E G. In particular, the Customer will be charged the prices published on the Website upon confirmation of the Order form, provided that the order has been accepted.

11. Customer support service

11.1 For any information on the products purchased on the Website or for assistance with the online purchase modes, it is possible to contact the B E G Customer support service via e-mail at the following e-mail address export@begpruners.com. B E G will reply as soon as possible, also taking into account the time zone.

12. Right of withdrawal

12.1 The Customer who, once received the product, believes that he / she does not desire to use the product anymore for any reason, he / she cannot exercise the right of withdrawal.

12.2 The Customer who, once received the product, observes that it is not compatible with his / her equipment, he / she cannot exercise the right of withdrawal since, before confirming the order, he / she is required to carefully check the technical specifications of the product he / she is purchasing and contact B E G to check the compatibility with the equipment where the purchased product shall be installed.

12.3 The Customer who, once received the product, observes any malfunction, shall promptly contact B E G to identify the nature of the malfunction and to establish if the right of withdrawal is applicable.  

If it is applicable, the Customer shall be entitled within 8 (eight) days from the date of receipt of the product, submitting a written notice to the following e-mail address export@begpruners.com.

12.4 In case of separate delivery of the products ordered by the Customer with a single order, the term of 8 (eight) days to exercise the right of withdrawal shall run from the day when the Customer received the last product.

12.5 In case of withdrawal, the Customer shall return the product to B E G, without undue delay and within no later than 14 (fourteen) days from the date when the decision to withdraw from the contract was communicated. The Customer shall bear the cost of shipping for the return of the product as well as the corresponding taxes, including custom duties, if applicable. Until acknowledgement of receipt at our warehouse, the products are under the responsibility of the Customer who is required to insure the shipment against theft, loss or transport damage (for which the seller assumes no liability in return shipping). The Customer is asked to return the products in the same reception conditions, with their original packaging (intact and complete in all their parts as they are considered integral parts of the products), manuals, accessories, parts, and all that was supplied, without any missing parts. In case of correctly exercise of withdrawal, B E G shall reimburse all payments received by the Customer, using the same methods used for the initial transaction, without undue delay and within 14 (fourteen) days from the date when B E G received the returned product. B E G shall not be required to reimburse delivery costs. B E G shall accept the return if the product has been used (to the point where it could not be sold again), it is malfunctioning due to improper use, negligence, damages or physical alteration, deformities or superficial alterations, mishandling or improper maintenance or wear and tear, lack of integral elements of the product (accessories, parts, etc.…). In such cases, B E G shall return the purchased product to the Customer, charging the Customer for the shipping costs.

13. Reimbursement arrangements

13.1 In all cases where, based on the statements of these General Conditions, the Customer has the right to obtain a reimbursement of the product’s price by B E G, such a reimbursement shall occur using the method used by the Customer at the time of purchase. 

14. Liabilities

14.1 B E G is liable for any manufacturing defect of the products sold on the Website in accordance with the provisions of the Italian Law and the directives 2006 / 42 / CE and subsequent additions and modifications.

14.2 The product warranty provided by B E G is valid provided that the Customer respects the directions given in the Manual of operation and maintenance sent to the Customer via e-mail.

14.3 In the event that a product sold on the Website is found to be defective, the Customer shall make a formal complaint via e-mail to be sent to this address export@begpruners.com, following the procedure indicated in paragraph 12.

15. Applicable law and dispute resolution
    

15.1 These Conditions of sale and each purchase contract are ruled by the Italian Law and by Legislative Decree N. 70 dated 9^th April 2003 (Law on e-Commerce), although not legitimately derogated with these conditions of sale.

15.2 All disputes arising from the validity, interpretation, execution, resolution of these general conditions of sale and / or each purchase order, shall be subject to the jurisdiction of the Court of Perugia (Italy) with expressed and mutual renunciation to any other Court.