Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

1. Introduction

1.1. The sale of products bearing the ‘Bakel’ brand name concluded remotely through this website (hereinafter referred to as the ‘Website’) is governed by the following General Terms and Conditions of Sale.

The products offered on the Website are sold directly by Bakel SpA (hereinafter referred to as ‘Bakel’). Bakel is a company incorporated under Italian law, with registered office in Udine, Viale del Ledra, 56 – Italy, VAT number 02060980303, REA no. 232523, share capital €112,500.

1.2. The use of the distance selling service governed by these General Terms and Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as ‘Customer(s)’) understood as natural persons acting for purposes not related to their commercial, entrepreneurial, craft or professional activities, who are over 18 years of age (or, if minors, authorised by their legal representative).

The resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.

1.3. The products offered for sale on the Website may be delivered to the following countries: Austria, Belgium, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Slovakia, Slovenia, Spain.

1.4. The languages used for the conclusion of the sales contract through this Website are: Italian and English.

1.5. These General Terms and Conditions of Sale are published on the Website in order to allow the Customer to read, store and reproduce them in accordance with current legislation.

1.6. The purchase of products is governed exclusively by the General Terms and Conditions of Sale published on the Website and in force at the time of purchase.

Bakel reserves the right to make changes and/or additions to these General Terms and Conditions of Sale at any time.

Any changes and/or additions will be effective only in relation to purchases made after the date of publication of the new version of the General Terms and Conditions of Sale.

The replacement of these General Terms and Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability of the same against Bakel in relation to purchases made after their removal from the Website, even if these General Terms and Conditions of Sale are still available and/or accessible to the public through other websites other than the one indicated above.

2. Product availability

2.1. The Customer acknowledges that the products offered by Bakel on the Website (hereinafter the ‘Products’) are limited in number and is therefore aware that Bakel will have to check their availability at the time of purchase.

2.2. Occasionally, there may be problems with the availability of certain Products. In such circumstances, Bakel will inform the Customer by email of the cancellation of their order within 48 hours of the working day following the transmission of the order.

In the event of partial availability, the Customer will be informed. In this case, the Customer will be asked whether they prefer to receive the available Products or cancel the order entirely.

2.3. Bakel reserves the right to change the items offered for sale on the Website at any time without prior notice.

3. Purchase procedure

3.1. Each Product offered for sale on the Website can be viewed via a specific link that allows you to view photographs of the item, the unit price and the different formats/sizes (where applicable).

3.2. The Customer may purchase one or more Products via the Website. Bakel reserves the right to change the limits on the quantities of Products that can be purchased via the Website at any time.

3.3. The Products chosen by the Customer will be placed in a specific section (hereinafter referred to as the ‘Shopping Cart’).

3.4. Although Bakel constantly takes measures to ensure that the photographs shown on the Website accurately reproduce the original products, some variations are always possible due to the technical characteristics and colour resolution of the device used by the Customer. Consequently, Bakel shall not be liable for any inadequacy of the graphic representations of the Products shown on the Website if due to the aforementioned technical reasons.

3.5. To view the selected Products and the total price of the purchase order, you must access the Shopping Cart page.

Before confirming their order proposal (hereinafter ‘Order Proposal’), the Customer is required to check the accuracy of the contents of the Shopping Cart and complete the purchase form according to the instructions provided on the Website.

3.6. The purchase procedure is completed when the Customer selects the appropriate button to confirm the order (hereinafter referred to as the ‘Purchase Button’), thereby validating their Order Proposal, which will be sent directly to Bakel.

After selecting the Purchase Button, the content of the Order Proposal can no longer be modified by the Customer.

3.7 Before confirming the Order Proposal, the Customer must declare that they have read and accepted these General Terms and Conditions of Sale. At the end of the purchase procedure, the Customer should save or print the General Terms and Conditions of Sale.

3.8. The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to Bakel.

3.9. Each Order Proposal and the Customer's data necessary for the purchase will be stored by Bakel for the period of time and in accordance with the conditions provided for by current legislation.

Any use of the data for purposes other than the purchase will be subject to the prior and express consent of the Customer, based on the conditions specified in the ‘Privacy Policy’ published on the Website.

3.10. The Customer is aware that they are responsible for the accuracy and truthfulness of all data entered on the Website or otherwise used during the purchase process.

4. Conclusion of the contract

4.1. Following confirmation of the Order Proposal, the order is sent to Bakel for processing and cannot be further modified.

The Order Proposal issued by the Customer will only be accepted by Bakel if the entire purchase procedure has been completed correctly, without any errors being highlighted by the Website.

4.2. The contract between Bakel and the Customer shall be deemed concluded when the Customer receives one or more confirmation emails from Bakel (hereinafter ‘Confirmation Email’).

The Confirmation Email will be sent to the address indicated by the Customer in the Order Proposal and will contain confirmation of the order, the Customer's details and the order placed, the price of the goods purchased and any transport costs and the shipping address to which the goods will be sent.

4.3. Bakel reserves the right not to accept an Order Proposal issued by a Customer in the following cases:

a) the Products included in the Order Proposal are not available;

b) there is a legal dispute between Bakel and the Customer relating to a previous order;

c) if the Customer has previously violated the General Terms and Conditions of Sale or has not fulfilled its obligations;

d) if it has emerged that the Customer is purchasing the Products for the purpose of reselling or transferring them for commercial or professional purposes;

e) if the Customer has been involved in or is suspected of illegal or fraudulent activities.

In the above cases, Bakel will notify the Customer by email within 30 (thirty) days of the date of actual receipt of the Order Proposal of any cancellation of orders received. In this case, no Order Proposal shall be deemed accepted by Bakel and no contract shall be deemed concluded between Bakel and the Customer.

4.4 In the event of partial availability of the Product ordered, the Customer will be asked whether they wish to receive the available Products or cancel the Order completely. In the event of partial cancellation, the Customer will only be charged for the Products actually purchased.

5. Price and Payment Method

5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.

5.2. These prices will be indicated in Euro (EUR) for Products to be delivered in Italy and the European Community.

5.3. The total amount of the price shown in the Shopping Cart includes any shipping costs, which will be indicated separately.

5.4. The prices published on the Website and shown in the Shopping Cart at the time of confirmation of the Order Proposal will be charged to the Customer, provided that the Products ordered are available at that time.

Bakel reserves the right to change the prices of the Products offered for sale on the Website at any time and without prior notice.

5.5. Bakel only accepts credit cards and other payment methods expressly indicated on the Website.

5.6. For the purposes of payment by credit card, the Customer confirms and guarantees that they are the holder of the credit card used for the purchase and that all the details relating to it, entered at the time of purchase, are correct, such as: the number, expiry date and, if necessary, the security code.

The transaction will only be charged to the Customer after:

(i) verification of the credit card details, (ii) receipt of the debit authorisation from the credit card company used by the Customer.

5.7. For payments via other payment service providers, the Customer confirms and guarantees that they are the holder of the account used for the purchase.

The transaction will be charged to the Customer upon receipt of the Confirmation Email from Bakel.

5.8. The shipment of the purchased Products will only be made after the payment of the amount due by the Customer has been successfully completed.

If, for any reason, the amounts due by the Customer cannot be charged, the sale process will be automatically cancelled and the sale will be cancelled, as communicated to the Customer.

5.9. If one or more Products are unavailable and the Customer has decided not to cancel the order in its entirety, only the price and any shipping costs relating to the available Products will be charged.

6. Delivery

6.1. Customers will receive the Products separately as soon as they are ready for shipment. The Products will be shipped to the address indicated by the Customer in the Order Proposal. Upon delivery of the Products, the Customer's signature will be required.

6.2. For security reasons, Bakel will not process any orders addressed to a PO box or accept any orders where it is not possible to identify the physical person to whom the order is addressed and their address.

6.3. Products sold on the Website may only be delivered to the countries listed above (Article 1.3). Therefore, any Order Proposals with shipments to be made outside these countries will be automatically rejected during the order processing procedure.

6.4. In cases where the Customer is charged shipping costs, these will be expressly indicated, separately from any other costs or expenses, at the end of the Order Proposal completion procedure.

6.5. In accordance with current legislation, the maximum time limit within which Bakel must deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract, except in cases of force majeure.

6.6. If Bakel fails to deliver the Products ordered within the above-mentioned period, the Customer shall request Bakel to make the delivery within an additional period appropriate to the circumstances, in accordance with current legislation.

The Customer shall be entitled to terminate the contract immediately if the Product ordered is not delivered within the additional period indicated.

6.7. Bakel shall be entitled to split the Order into several shipments, depending on the availability of the Products for delivery, and the Customer shall receive the Products separately according to their availability for shipment.

6.8. Upon shipment of the purchased Product, the Customer will receive an email at the address indicated in the Order Proposal. This email will contain a shipment tracking code that will allow real-time monitoring of the delivery.

Bakel Customer Service will provide assistance for any possible problems relating to delivery. The Customer may contact Bakel Customer Service by email at: e-commerce@bakel.it.

6.9 For each order placed through the Website, Bakel will issue a tax receipt or invoice, if requested at the time of purchase, for the material shipped and attach it to the goods delivered. For the issuance of the invoice, the information provided by the Customer at the time of the order shall be deemed authentic. No changes to the invoice shall be possible after it has been issued.

6.10 The Customer shall assume the risk of loss or damage to the Products only when the Customer, or a third party designated by the Customer and other than the carrier, physically takes possession of such Products.

If, on the contrary, the loss or damage to the Product occurs before physical delivery to the Customer or to a third party designated by the Customer, Bakel will refund the Customer the amounts already paid.

7. Product conformity

7.1. Upon delivery, the Products must be checked by the Customer to ensure that they correspond to the items ordered and that they do not have any manufacturing defects or non-conformities. The legal guarantees provided for by current legislation apply to the sale of the Products, in addition to any further contractual guarantees provided to the Customer.

7.2. In the event of manufacturing defects or lack of conformity, the Customer shall be entitled to have the Product brought into conformity free of charge by replacement, unless the remedy requested is objectively impossible or excessively burdensome compared to the other. If one of the cases provided for by law applies, the Customer may request a reasonable reduction in the price or the termination of the contract and the consequent refund of the price paid. It is understood that the Customer forfeits this right if they do not report the lack of conformity to Bakel within 2 (two) months of the date on which they discovered the defect. In any case, Bakel is only liable for defects in conformity that become apparent within 2 (two) years of delivery of the Product. The action to enforce defects shall be time-barred within 26 (twenty-six) months of delivery of the Product.

7.3. In order to report the presence of faults and defects in the Products and obtain one of the remedies listed above, the Customer may contact Bakel at the addresses indicated in Article 12 below.

8. Returns and refunds - Withdrawal

8.1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery or collection of the Products. In the case of split orders, this period shall start from the day of delivery or collection of the last Product.

8.2. To exercise the right of withdrawal, the Customer may submit a return request to Bakel by sending an email to e-commerce@bakel.it specifying the address, order number and reason for the return.

The instructions to follow to make the return will be provided by Bakel to the Customer once the Customer's return request has been approved.

8.3. If the Customer follows the procedure set out in the previous point, the courier designated by Bakel will collect the package containing the returned Products at no charge to the Customer.

If the Customer does not follow this procedure, the return costs and any liability for loss, theft, damage or delay in delivery will be borne by the Customer.

8.4. The Customer undertakes to return the Products for which they have exercised their right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which they notified Bakel of their decision to withdraw from the contract.

8.5. The goods must be returned intact, complete with all their parts and in their original packaging (envelopes and packaging), stored and, where applicable, used with normal care, without any signs of wear or dirt.

In the event of refusal of the return, Bakel will send a specific notification to the Customer and will not proceed with the refund of the price paid by the Customer, reserving the right to claim compensation for any damage attributable to the Customer's conduct.

8.6. The refund of the price of the returned Products will be made by Bakel without undue delay and in any case within 14 (fourteen) days from the date on which Bakel became aware of the Customer's exercise of the right of withdrawal.

Bakel reserves the right to withhold the refund until it has received and checked the Product or until the Customer proves that they have returned the product correctly and in good condition, whichever occurs first.

The aforementioned refund will be made by crediting the amount paid by the Customer using the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any costs as a result of the refund.

Bakel will confirm the refund of the price to the Customer by email.

8.7. Bakel shall not be required to reimburse the delivery costs of the Products if the Customer has expressly chosen a type of delivery other than the standard delivery offered by Bakel.

8.8. The return of Products pursuant to this article is only permitted in relation to purchases made on the Website.

9. Limitation of liability

9.1. Except in cases of wilful misconduct or gross negligence, Bakel shall not be liable to the Customer in any way for any indirect or consequential damages that may arise from the purchase of Products offered for sale on the Website.

10. Authenticity of products and intellectual property rights

10.1. The ‘Bakel’ trademark, as well as all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images and logos appearing on ‘Bakel’ products, on related accessories and/or packaging, whether registered or not, are and remain the exclusive property of Bakel. The total or partial reproduction, modification, tampering or use of these trademarks, illustrations, images and logos, for any reason and on any medium, is strictly prohibited.

11. Disputes

11.1. These General Terms and Conditions of Sale are governed by Italian law and shall be interpreted in accordance with it, without prejudice to any mandatory provisions that are more favourable to the Customer and applicable in the Customer's country of habitual residence.

11.2. In the event of any dispute arising from the interpretation and/or application of these General Terms and Conditions of Sale, the Court of the place of domicile or residence of the Customer shall have exclusive and binding jurisdiction, if located within the territory of the Italian State. If the Customer's domicile or residence is located in a territory other than the Italian State, the Customer may, at his/her discretion, bring the matter before the Court of his/her place of residence or domicile or the Court of Udine, where Bakel has its registered office.

Alternatively, in accordance with Article 14 of EU Regulation 524/2013/EU, the Customer may initiate one of the out-of-court dispute resolution procedures provided for by current legislation. To this end, the Customer may use the online platform made available by the European Commission, which can be accessed via the website http://ec.europa.eu/odr.

12. Contacts

12.1. For any complaints, further information or assistance relating to the Website or the purchase procedure and, in any case, for any requests for information and/or clarification regarding the contents of these General Terms and Conditions of Sale, Customers may send an email to the following address: e-commerce@bakel.it or contact E-commerce Customer Service, or call our number +39 0432 502910.