TERMS AND CONDITIONS OF SALE
1. Definitions and general provisions
1.1 B E G PRUNERS SRL (hereinafter “B E G”) offers and sells, through this website www.begpruners.com (hereinafter the “Website”), directly to its Customers, products for orchard maintenance. The sale of products on the Website is subject to these terms and conditions of sale (hereinafter the “Terms and Conditions of Sale”). The products presented on the Website are sold by B E G PRUNERS SRL, a company incorporated under Italian law, with registered office in Città di Castello (PG) – Italy, Via Giuseppe Antoniucci no. 7, postcode 06012, hamlet/locality Regnano, registered with the Perugia Companies Register, Tax Code and VAT no. 01837570546, R.E.A. PG-162524.
1.2 The products are offered for sale on the Website exclusively to Customers carrying out business activities (dealers, traders, artisans, professionals).
1.3 The purchase contract, the related procedures, and all connected documents are available in Italian, English, French and Spanish.
1.4 Before submitting their purchase order, the Customer is required to carefully read these Terms and Conditions of Sale. Submission of the purchase order implies full knowledge and express acceptance both of these general terms and conditions of sale and of what is stated in the Order Form. Once the online purchase procedure has been completed, the Customer is required to print these general terms and conditions of sale and the related order form, already viewed and accepted.
2. Registration
2.1 In order to purchase on the e-commerce Website, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and must fully accept the privacy policy and the Terms and Conditions.
2.2 The User is responsible for keeping their login credentials safe; such credentials must be used exclusively by the User and may not be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party has access to them, and to immediately inform B E G if they suspect or become aware of any improper use or improper disclosure of the same.
2.3 The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold B E G harmless and indemnified against any damage, compensation obligation and/or sanction arising from and/or in any way connected with the User’s breach of the rules on registration to the Website or on the safekeeping of registration credentials.
2.4 Once the registration form has been completed, B E G shall verify the truthfulness of the data provided and proceed with its approval.
3. Account cancellation and closure
3.1 The registered User may stop using the e-commerce Website at any time and deactivate their account or request its cancellation by sending written notice to the e-mail address export@begpruners.com.
3.2 In the event of breach by the User of the Terms and Conditions or 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 For each selected product, the Website shows an image of the product, the unit price and its technical features. The images are used for purely illustrative purposes; B E G therefore cannot be held responsible for any inadequate graphic representation of the products presented on the Website.
4.2 The sales procedure shall be deemed concluded when B E G receives the order form electronically, after verifying the correctness of the data relating to the order itself. The Customer may also contact the seller for any product customisations.
4.3 To purchase one or more products on the Website, after carefully viewing the product sheet, the Customer must complete the order form in electronic format and send it to B E G electronically, following the instructions provided on the Website.
4.4 The order form contains a reference to these General Terms and Conditions and a summary of the information on the essential characteristics of each product ordered and its price (including all applicable taxes and duties, where applicable), the chosen payment method, the delivery methods for the purchased products, the conditions regarding the right of withdrawal, as well as the Privacy Notice. Shipping and delivery costs shall be quoted separately according to the Customer’s requirements. After viewing and accepting the General Terms and Conditions, the summary of the information on the essential characteristics of each product ordered, the details of delivery costs, the conditions regarding the right of withdrawal, and the Privacy Notice, the Customer must select the payment method and choose the “Order” option.
4.5 By electronically submitting the Order Form, the Customer accepts and undertakes to comply, in the performance of the contract with B E G, with these Terms and Conditions of Sale. If the Customer does not agree with any of the terms set out in the Terms and Conditions of Sale, they are invited not to submit the Order Form for the purchase of products on the Website.
Before submitting the order, the Customer must carefully read its entire content, identify and correct any data entry errors.
4.6 Once the Contract has been concluded, B E G shall process the purchase order placed by the Customer, which shall be executed by the date indicated by B E G in the order acceptance.
4.7 It is understood that B E G reserves the right not to process purchase orders that are incomplete or incorrect, that do not provide sufficient solvency guarantees, that come from Customers with whom there is an ongoing legal dispute relating to a previous order, or where B E G deems the Customer unsuitable for any legitimate reason, or where the Customer is involved in fraudulent activities of any kind. B E G reserves the right to limit or not execute orders that, at its sole discretion, it is unable to fulfil.
4.8 If the products presented on the Website are no longer available or on sale after the order has been sent, B E G shall promptly inform the Customer of the possible unavailability of the ordered products. If the Customer has paid the price of the ordered products, B E G shall refund, within thirty (30) days from the day following the transmission of the order form to B E G, the sums already paid by the Customer.
4.9 By sending the Order Form, the Customer acknowledges and declares that they have read all the information provided during the purchase procedure and fully accept the General Terms and Conditions, since they will be binding once the purchase has been concluded.
4.10 At the end of the purchase procedure, the Customer shall receive an e-mail at the address entered in the Order Form confirming the order placed, acceptance of the Privacy Notice and the Notice on the Right of Withdrawal.
5. Order confirmation and acceptance
5.1 The order procedure is completed when the “Order” option has been selected. Upon confirmation of the order form, the order shall be sent to B E G for processing and may no longer be modified or cancelled.
5.2 The data recorded by B E G on its server shall be considered proof of the transaction concluded between the Customer and B E G. The seller shall send an order acceptance e-mail indicating the delivery date and any transport costs, if managed by the seller on behalf of the Customer.
6. Prices
6.1 The prices of the products offered for sale on the Website are exclusive of VAT, packaging costs, transport and shipping costs, as well as all applicable taxes and duties.
6.2 The prices of the products offered for sale on the Website are indicated in Euro.
6.3 Product prices may be subject to updates. B E G reserves the right to change the price of the products offered for sale on the Website at any time and without prior notice. The Customer shall be charged the price published on the Website at the time the order form is sent by the Customer to B E G. The Customer is therefore required to verify the final sale price of the purchased product before submitting the related order form.
6.4 All products are shipped directly from Italy under Ex Works terms.
7. Payment methods
7.1 The Customer may pay the price of the purchased products by bank transfer.
7.2 Execution of the purchase order for the ordered products shall take place exclusively after the bank transfer has been credited to the beneficiary’s bank account (B E G PRUNERS SRL).
If B E G PRUNERS SRL does not receive the bank transfer credit within 10 days from the date of order acceptance, the order shall be cancelled.
8. Shipping and delivery of products
8.1 The products shall be delivered Ex Works. The Customer shall inform the seller of the chosen method for the transport and delivery of the products, which shall take place at the Customer’s care and expense. The Customer may agree with B E G that B E G shall organise transport on the Customer’s behalf. Delivery is made on a working day, generally from Monday to Friday.
8.2 Installation of the products shall be carried out by the Customer, strictly following the instructions provided in the user manual.
8.3 B E G is not responsible for any delays in the delivery of products that are not attributable to it.
8.4 The delivered products must be checked by the Customer at the time of delivery to ensure that they correspond to the products ordered. Any anomaly found at delivery (for example tampering with or damage to the packaging, missing items compared to the delivery note, etc.) must be indicated by the Customer, under penalty of forfeiture, directly on the delivery document received from the courier. The original of this delivery document shall remain with the courier, who shall provide the Customer with a copy.
8.5 Without prejudice to the provisions of paragraph 8.4 above, if the products received by the Customer do not correspond to those ordered or if any anomaly is found at the time of Delivery of the products, the Customer is required, under penalty of forfeiture, to inform B E G Customer Service at the following e-mail address export@begpruners.com; B E G reserves the right not to respond to complaints sent after 8 (eight) days from receipt of the products.
The complaint must be accurately documented with photos and videos.
The goods must not be returned without B E G’s authorisation.
9. Warranty
9.1 B E G shall repair or replace free of charge the machines or parts thereof that, at its sole discretion, are found to be unsuitable.
9.2 The defect must be reported within 8 (eight) days of discovery, by e-mail sent to export@begpruners.com, specifying in detail the evident defects.
9.3 For the performance of the warranty obligation, B E G may, at its choice:
a) carry out or have third parties carry out repairs and/or replacements, with travel and/or transport, board and lodging expenses borne by the buyer;
b) have the repairs and/or replacements carried out by the Customer, providing the relevant instructions and, where necessary, supplying the spare parts free of charge, Ex Works.
In any case, unless otherwise agreed, the costs and risks of transporting defective parts or repaired or replaced parts shall always be borne by the Customer.
9.4 Any compensation for damages is in any case excluded.
9.5 The Customer shall definitively lose the warranty if, at the time of the report, they are in default.
9.6 Even in the event of a dispute concerning the goods, the Customer may not suspend their own obligations.
10. Changes and corrections to the Website
10.1 B E G may modify or correct, at any time and without any prior notice, these Terms and Conditions of Sale, as well as the products offered on the Website and their price. The Customer is required to carefully check the Terms and Conditions of Sale each time they use the Website to make a purchase.
10.2 Occasionally, the Website may contain typographical errors, inaccuracies or omissions (hereinafter jointly referred to as “Errors”) concerning the product description, price, any promotions, offers and availability of the product itself. B E G reserves the right, at any time and without prior notice, to correct such errors, modify or update information, revoke any offer containing such errors, and cancel any order at any time before shipment, even after an order has been sent and even if the Order Form has been confirmed and the related amount has been received on the bank account of B E G PRUNERS SRL, or charged to the Customer’s credit card. In such case, the amount paid shall be refunded to the Customer.
10.3 The above-mentioned changes and/or corrections shall be considered valid only in relation to purchase orders sent after the date of the change or correction made by B E G. In particular, the Customer shall be charged the prices appearing on the Website at the time of confirmation of the Order Form, provided that the order has been accepted.
11. Customer service
11.1 For any information regarding products purchased from the Website or for assistance on how to purchase products online on the Website, it is possible to contact B E G Customer Service by e-mail at the following address export@begpruners.com. B E G shall reply as soon as possible, also taking into account the time zone.
12. Right of withdrawal
12.1 The Customer who, after receiving a product, believes for any personal reason that they no longer wish to use it, may not exercise the right of withdrawal.
12.2 The Customer who, after receiving the product, finds that it is not compatible with their equipment, may not exercise the right of withdrawal since, before confirming the order, they are required to carefully check the technical characteristics of the product they are purchasing and, if necessary, contact B E G to verify compatibility with the equipment on which the purchased product will be installed.
12.3 The Customer who, after receiving a product, detects a malfunction, must promptly contact B E G to establish with it the nature of the malfunction and understand whether the right of withdrawal is applicable or not.
If withdrawal is applicable, the Customer has the right to exercise it within 8 (eight) days from the date of receipt of the product, by sending written notice to the e-mail address export@begpruners.com.
12.4 In the case of separate delivery of several products ordered by the Customer in a single order, the period of 8 (eight) days for exercising the right of withdrawal shall run from the day on which the last product was received.
12.5 In the event of withdrawal, the Customer must return the product to B E G without undue delay and in any case no later than 14 (fourteen) days from the date on which they communicated their decision to withdraw from the contract. The Customer shall bear the cost of shipping for the return of the product and the related taxes and duties, including customs duties where applicable. Until confirmation of receipt at our warehouse, the goods travel under the responsibility of the Customer, who is therefore required to insure the shipment against theft, loss or transport damage (for which the seller assumes no responsibility during return transport). The Customer is requested to return the products in the same condition in which they were received, with the original packaging (intact and complete in all its parts, as it is considered an integral part of the goods), manuals, accessories, parts and everything supplied, without anything missing. In the event of correctly exercised withdrawal, B E G shall refund the payments received from the Customer, using the same method used for the initial transaction, without undue delay and in any case within 14 (fourteen) days from the day on which B E G received the returned product. B E G is not required to refund delivery costs. B E G shall not accept the return if the product has been used (to such an extent that it can no longer be sold as new), is malfunctioning due to improper use, negligence, damage or physical, aesthetic or surface alterations, tampering or improper maintenance, wear and tear, or absence of integral product elements (accessories, parts, etc.). In such cases, B E G shall return the purchased product to the Customer, charging the Customer the shipping costs.
13. Refund methods
13.1 In all cases in which, pursuant to these General Terms and Conditions, the Customer is entitled to obtain from B E G a refund of the purchase price of the products, such refund shall be made using the same method used by the Customer at the time of purchase.
14. Liability
14.1 B E G is responsible for any manufacturing defect in the products sold on the Website pursuant to the provisions of Italian Law and Directive 2006/42/EC and subsequent additions and amendments.
14.2 The product warranty provided by B E G is valid provided that the instructions contained in the Use and Maintenance Manual supplied to the Customer, also by e-mail, are complied with.
14.3 If a product sold on the Website proves to be defective, the Customer must submit a formal complaint by e-mail to the following address export@begpruners.com, following the method indicated in paragraph 12.
15. Applicable law and dispute resolution
15.1 These Terms and Conditions of Sale and every contract for the purchase of products are governed by Italian Law and Legislative Decree no. 70 of 9 April 2003 (E-commerce legislation).
15.2 For any dispute that may arise regarding the validity, interpretation, performance or termination of these general terms and conditions of sale and/or of individual purchase orders, the Court of Perugia (Italy) shall have exclusive jurisdiction, with express and total mutual waiver of any other court.
