General Terms and Conditions of Sale

These Terms of Sale govern the offer and sale of products to consumers through the website shop.bpg.it (hereinafter the "Website") owned by BPG RADIOCOMUNICAZIONI S.r.l. (hereinafter the "Company") and are formulated and provided in compliance with the provisions of Italian Legislative Decree no. 206 of 6 September 2005 (the "Consumer Code") and any other applicable law on e-commerce.

BPG RADIOCOMUNICAZIONI S.r.l. invites you to carefully read these Conditions before making a purchase through the Website. For more information, please consult the Terms of Use, Privacy Policy, and Cookie Policy sections, which we invite you to consult periodically, as well as these Terms of Sale, to check for any updates or changes, or contact our BPG SHOP customer service by sending an e-mail to shop@bpg.it.

1. PARTIES TO THE CONTRACT - COMMERCIAL POLICY

The parties to the contract are:

- BPG RADIOCOMUNICAZIONI S.r.l., with registered office in P.zza Guido Rey, 38 int. A - Cervinia - 11021 Valtournenche (AO) and administrative office in Via Nazionale, 13 - 10060 Pinasca (TO), Company Register of the Aosta Chamber of Commerce REA AO62493, Tax Code and VAT number IT01032090076;

- The "Customer", the end consumer, who makes purchases through the Website, i.e.:

• Adult natural persons with full capacity to act or minors between 16 and 18 years of age, with the prior authorization and/or under the supervision of a parent or legal guardian (hereinafter, "B2C Customers");
• Professionals and legal entities (VAT number holders) with purposes other than their commercial, entrepreneurial or professional activity (hereinafter, "B2B Customers").

Hereinafter, all the aforementioned subjects will be collectively referred to as the "Customers" or, individually, the "Customer".

The Company offers its products for sale on the Website and carries out e-commerce activities exclusively for its end users who are "end consumers" as defined above. In consideration of this commercial policy, we therefore reserve the right not to process orders from subjects other than the Consumer. If the Customer is not a Consumer, they are therefore invited to refrain from concluding commercial transactions on the Website.

These Terms of Sale do not govern the provision of services or the sale of products by subjects other than those that may be present on the Website through links, banners or other hypertext links. We advise you, before placing orders and purchasing products and services from different subjects, to check their terms of sale, because the Company is not responsible for the provision of services by such subjects or for the conclusion of e-commerce transactions between the users of the Website and third parties.

2. APPLICATION AND AMENDMENTS TO THE TERMS OF SALE

Before making purchases through the Website, the Customer declares to have read and understood these Terms of Sale as well as all the information provided during the purchase procedure and the contents of the following sections: Terms of Use , Privacy Policy  and to accept them fully without any reservation.

The Company reserves the right to change the contents of these Terms of Sale and the other documents listed above, giving notice thereof on the Website. We therefore invite the Customer to periodically consult the Website to check for any updates or changes. Any changes will be effective after their publication on the Website.

The Terms of Sale applicable to a purchase will always be those in force at the time the relevant order is placed.

3. CHARACTERISTICS AND PRICES OF PRODUCTS OR SERVICES

Some products or services may be available exclusively online through this Website. The essential characteristics of the products are presented on the Website within each product page. However, the images and colors of the products offered for sale on the Website may change and/or not exactly correspond to the real ones due to the Internet browser and monitor used. We are not responsible if the information made available on this site is not accurate, complete or up-to-date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain some historical information. Historical information, by necessity, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. The Customer accepts that it is their responsibility to monitor changes to our Website.

Products are offered for sale at the price indicated on the Website at the time the relevant Purchase Order is placed. Product prices may be subject to changes and variations. We invite the Customer to check the final sale price before placing the relevant order, thereby confirming the purchase. We will not be liable to the Customer or to third parties for any modifications, price variations, suspension or interruption of the Service.

The prices indicated on the Website are to be understood as inclusive of VAT and, unless expressly indicated otherwise, do not include any additional shipping and delivery costs which, where applicable, are however made known to the Customer through specific indications on the Website and specifically mentioned during the purchase procedure.

These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet their expectations, or that any errors in the Service will be corrected.

4. HOW TO CONCLUDE THE CONTRACT

Orders can only be placed validly through the Website.

To purchase one or more products on the Website, the Customer can complete and submit the order using the "Check-out" option. The Company will ask the Customer for the personal data necessary for the delivery and invoicing of the order. All phases of the purchase procedure are clearly described through the pages of the Website and the relevant texts and graphics.

To place a purchase order, the Customer must follow the procedure described below:

• Select one or more Products from the Website catalog and add them to the Cart.
  In the "Cart" area, the Customer can:
  i. View at any time a summary of the selected products, the price (unit and total) including all applicable taxes or duties and any shipping costs and/or applicable fees, the quantities of selected products, availability and estimated delivery times. The Customer accepts that the availability and delivery times indicated in the Cart will in no case be binding.
  ii. Modify the quantities of products added to the Cart.
  iii. Continue shopping on the Website and add other products to the Cart.
• Add identifying data, shipping address and other personal data requested on the Website to complete the order, checking their accuracy in all cases. It is the sole responsibility of the Customer to ensure the accuracy and completeness of the information provided. The Company will not be held responsible for delays, errors in delivery or other disservices caused by the entry of incorrect, incomplete or outdated data by the Customer. Any additional costs arising from the correction of such errors, including but not limited to handling fees, will be borne exclusively by the Customer.
• View the times and any costs provided for each of the available delivery methods and select the chosen delivery method.
• View the available payment methods and their details and select the chosen payment method.
• Select the "Pay now" option.
• Accept the Conditions and make the payment. The sale is concluded when the purchase order is sent by the Customer to the Company, by placing a purchase order. The Customer acknowledges and declares to have read and fully accepted the Conditions in the version published at the time of placing the order. If the Customer does not agree with any of the terms reported in the Terms of Sale, they are therefore invited not to submit the Purchase Order.

To use a discount code, the Customer must enter the code at the time of purchase in the "Discount Code" box on the Cart. When a discount code is accepted, it will be displayed on the "Order Summary" page. Only one code can be used per order. Discount codes cannot be combined, i.e. used together, and are always valid for a limited time.

The Company will verify the availability of the ordered products and, following this verification, will confirm receipt of the Order to the Customer with an email that will serve both as confirmation of the conclusion of the contract and as acceptance and summary of the order. An order number will be assigned to each order in the acceptance and confirmation email. The Customer must keep the order number and use it for any type of communication relating to their order (including returns, exercise of the right of withdrawal and warranties).

The Company reserves the right, at its sole discretion, to not accept and cancel orders, even partially, if they are not consistent with the commercial policy referred to in paragraph 1 of these Terms of Sale, as well as in the event of subsequent unavailability of the ordered products; if the Customer has legal disputes, pending issues or unresolved disputes with us; if the Customer presents a risk of insolvency; if the orders have anomalous characteristics (for example, excessive quantities, repeated orders in a short time, shipments to suspicious addresses); if the delivery location is inaccessible.

The Purchase Order will be stored in our database for the period of time necessary for its fulfillment and in any case not beyond the legal terms.

We may, in our sole discretion, limit or cancel quantities purchased per person, per company or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers or distributors. In the event that we make a change to or cancel an order, we may attempt to notify the Customer by contacting the email and/or billing address/phone number provided at the time the order was made, to inform that the contract has not been concluded and that the Company has not processed the Purchase Order, specifying the reasons.

In particular, if the products presented on the Website are no longer available or for sale at the time the Customer accesses the Website, or at the time the order form is sent, the Company will promptly communicate any unavailability of the Products. In such cases, the contract will not be perfected and, if already concluded for any reason, will be considered automatically terminated and no amount will be charged to the Customer.

Any contractual or extra-contractual liability for direct or indirect damages to persons and/or things caused by the non-acceptance of an order for the above reasons is expressly excluded.

5. PRODUCT RESERVATION

Through the "Reserve Product" service, you can purchase any products not available at the time of submitting the Purchase Order, which the Company undertakes to ship once available.

Once the Purchase Order by reservation, completed and submitted by the Customer, has been received on the Website and after verifying the correctness of the data provided and transmitted, the Company will send an email within one day of the completion of the procedure containing information about the product's availability, shipping and delivery.

Upon sending the aforementioned communication, the purchase contract will be considered concluded.

For all matters not specifically described in this paragraph, these Terms of Sale shall apply.

6. PAYMENTS

All prices shown on the Website are expressed in Euro, inclusive of taxes or duties, according to the current and applicable VAT rates on the order date. Shipping costs must be added to the price of the product(s), except in particular cases where, above a certain amount, clearly described on the pages of the Website, free shipping may be obtained. The Company reserves the right to modify the price list at any time, both upwards and downwards.

Accepted payment methods on the Website include credit cards belonging to the Visa / MasterCard / American Express circuits. Upon request, bank transfers may be accepted, subject to verification and authorization by the credit institution or payment service provider. In the event of non-authorization of payment, the order will be automatically cancelled and the purchase procedure will be considered not perfected.

The price for the purchase of products, and any shipping costs, will be charged at the time of shipment of the purchased products.

Financial information (for example, the credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the banks that provide the relevant remote electronic payment services, without third parties being able, in any way, to access them. Furthermore, such information will never be used by the Company except to complete the procedures relating to your purchase and to issue the relevant refunds in the event of any product returns, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud through the Website.

The Company will execute the order and proceed with the shipment of the ordered Products only after having received confirmation of the full payment of the price and any delivery costs by the Customer.

During the purchase procedure, it will be the Customer's responsibility to request the issuance of the invoice, if necessary. For the issuance of the invoice, the data provided by the Customer during the purchase in the billing address field will be used. It is possible to indicate a billing address different from one's own; in this case, the Customer declares to be authorized to provide the personal data necessary for the issuance of the invoice. The sales of products completed with consumers (without a VAT number) are not subject to the obligation of invoicing according to article 22 of Presidential Decree no. 633/72. Please note that it will not be possible to request the issuance of the invoice once the procedure has been completed and the relevant Purchase Order has been sent.

7. SHIPPING AND DELIVERY

Products purchased through the Website will be delivered by the Company via courier to the address indicated in the Purchase Order within 24-48 working hours from the moment the contract is concluded.

All orders will be processed and delivered on weekdays (Monday-Friday, excluding Italian holidays) during office hours, from 8:30 to 17:30. Orders placed on Saturdays and Sundays will not be processed until the following Monday. Orders placed after 2 PM will not be processed until the next working day.

Should the products purchased through the Website be limited editions, or should the related contract be concluded within promotional initiatives, during prize events or temporary initiatives of any kind and/or the launch of new products, or during critical periods of the year close to company holidays, the Company does not guarantee delivery within the terms indicated above.

In these cases, the delivery period may vary depending on product availability or promotion characteristics. Such variations will be duly communicated by the Company on the Website and/or by sending emails or other communication methods.

Delivery can take place throughout Italy.

Unless the Company indicates otherwise, products may be delivered curbside or to the floor. Heavy and bulky products will in all cases be delivered curbside.

The Customer undertakes to provide the Company in advance with all relevant details to facilitate delivery, such as access restrictions, opening hours or the need for special permits. In case of failure to provide such details, any delays and damages will not be attributable to the Company.

While striving to deliver as quickly as possible, in accordance with article 61 of the Consumer Code, products purchased by Consumers will be delivered no later than 30 (thirty) days from the order submission date, unless the Company communicates the subsequent unavailability, even temporary, of the same, communicating a new delivery deadline. In case of late delivery, the Consumer is entitled to terminate the contract and in such case the Company is obliged to refund all sums paid for the order.

In case of inability to make the delivery due to the absence of the Customer, the ordered products will be returned to the Company after the storage periods established by the courier. After 30 days from the date on which the ordered products were returned to the Company due to inability to complete delivery, the contract will be considered terminated and the purchase order cancelled. The Company will refund the sum paid by the Customer using the same payment method used by the Consumer for the transaction.

B2B customers are obliged to ensure the presence of authorized personnel to receive the products at the scheduled delivery time. In case of absence of personnel or inability to access the delivery location, the Company reserves the right to charge B2B Customers any additional costs for arranging a new delivery.

The Company will not be liable for delays or non-performance due to force majeure, such as, for example, strikes, adverse weather conditions, road blocks or other circumstances beyond its control.

Delivery costs are borne by the Customer, except in particular cases where, above a certain amount, clearly described on the Website pages, free shipping can be obtained. The amount of delivery costs is indicated separately in the Order Summary.

For deliveries to special or difficult-to-access areas or territories, or for large orders, an additional payment may be required. Additional costs will be communicated to the Customer sufficiently in advance.

The Customer undertakes to provide the Company in advance with any details that may be useful for defining the most suitable delivery methods: for example, the presence of an elevator/hoist or the size of the building's stairs.

8. RIGHT OF WITHDRAWAL

In accordance with articles 52 et seq. of the Consumer Code (Legislative Decree 6 September 2005 n.206), if the Customer is a Consumer ("B2C Customers"), they have the right to withdraw from the sales contract with the Company, without having to specify the reason and without any penalty, within 14 days from the date of delivery of the purchased Products, or - in the case of multiple deliveries - within 14 days from the date on which they acquired physical possession of the last product.
The right of withdrawal can only be exercised for products purchased and in their entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g.: accessories, attached software, etc.).

The right of withdrawal cannot be exercised in relation to sealed audio-visual products or computer software (including those attached to hardware material), once opened, as well as for the supply of tailor-made or clearly personalized goods or goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.

The right of withdrawal for digital products can be exercised, as provided by current European regulations, only and exclusively before the actual start of the download.

The purchased product must in all cases be returned to the Company intact and in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). It is forbidden to affix labels or adhesive tapes directly on the original packaging of the product. To exercise the right of withdrawal, the Consumer must consult our Refund Policy .

The Consumer will be responsible for the decrease in the value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning or in the absence of elements or accessories.

The shipping costs for returning the product will be borne by the Consumer. The shipment, until the confirmation of receipt by the Company, is under the responsibility and risk of the Consumer. We are not responsible for damage, theft or loss of products returned with uninsured shipments at the expense and care of the Consumer.

Upon receipt of the goods, the Company will verify their integrity and refund the amount of the purchased product to the Consumer, excluding return shipping costs.

The refund will be made no later than 14 (fourteen) days from the day on which the Company was informed by the Consumer of their intention to withdraw from the contract. In all cases, we reserve the right to withhold the refund until receipt of the products or until the Consumer has provided proof of having returned the products.

The refund will be made using the same payment method that the Consumer used for the purchase payment.

9. WARRANTY 

All products sold on this site, in addition to being covered by the legal warranty for conformity defects, are also covered by the manufacturer's commercial warranty according to the methods illustrated in the documentation included in the product packaging, which is in addition to, but does not replace, the 24-month legal warranty otherwise due by right to the consumer "B2C Customers", under the conditions provided by law.

In accordance with the provisions of the Consumer Code, the Company guarantees that the products purchased on the Site are free from defects for a period of two years from the delivery date. Any defects resulting from negligent or improper use of the product are not covered by this warranty. The defective product, if still under warranty, must be sent to our service center together with a copy of the documents suitable to certify its purchase and delivery date.

The product must be returned, possibly in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). It is forbidden to affix labels or adhesive tapes directly on the original packaging of the product.

In case of a conformity defect, the Consumer has the right to the restoration of conformity of the goods free of charge by repair or replacement, or to an adequate reduction of the price or to the termination of the contract, according to the provisions of the Consumer Code.

The repair of the product or its replacement will not be carried out if it proves impossible or involves disproportionate costs for the Company. In all other cases, they will be free of charge and will be carried out within a reasonable period starting from the notification of the conformity defect by the Consumer.

The only exception, compared to what was previously stated, concerns rechargeable batteries which, as regards the duration of the legal warranty for conformity defects, have a period of 24 months from purchase. As they are consumable material, no commercial warranty extension is applicable to batteries. 

For used products available in the Outlet, the period of responsibility of the legal warranty is 12 months.

If, following our intervention, the defect found by the Customer is not covered by the warranty, the Customer will be charged any verification and restoration costs, as well as transport costs, if incurred by the Company.

To enforce the legal conformity warranty, the Consumer must consult our Warranty Management .

10. PRIVACY

The Customer can obtain information on how we process personal data by accessing the personal data processing information (Privacy Policy) which we invite you to consult periodically, as well as these Conditions of Sale, to check for any updates or changes.

For other conditions related to the use of the Site, we also ask the Customer to read, if they have not already done so, our Terms of Use  and the Cookie Policy  , which we invite you to consult periodically, as well as these Conditions of Sale, to check for any updates or changes.

11. CUSTOMER SERVICE

For any information or complaint, please contact (Monday-Friday, from 8:30 to 17:30): BPG RADIOCOMUNICAZIONI S.r.l. department SHOP - Via Nazionale 13, 10060 Pinasca (TO) via email: shop@bpg.it

12. GOVERNING LAW

The Conditions of Sale are governed by Italian law and in particular by Legislative Decree 6 September 2005 no. 206 (the so-called Consumer Code), with specific reference to regulations on distance contracts and by Legislative Decree 9 April 2003 no. 70 on certain aspects concerning commerce.

The competent court for the resolution of any dispute will be that provided for by current Italian legislation at the time of the conclusion of the contract.

The European Commission provides a platform for online dispute resolution, which the Customer can access via this link: http://ec.europa.eu/consumers/odr/ 

13. SPECIAL CONDITIONS APPLICABLE TO B2B CUSTOMERS

These Special Conditions govern, together with the General Conditions, the purchase of products offered by the Company through the Site made by professionals and legal entities (VAT number) "B2B Customers". In case of conflict between these Special Conditions and the General Conditions, these Special Conditions will prevail.

Order cancellation and product returns
Orders are irrevocable and immediately binding on the B2B Customer, subject to the Company's right to authorize revocation and refund the price.
Returns will be accepted only if the packaging has not been opened or damaged by the B2B Customer. The opening or alteration of the packaging will invalidate the return and authorize the Company not to revoke the purchase.
The return of products subject to orders canceled with the Company's authorization must be made within ten (10) calendar days from the delivery date through the communication channels provided by us and following the instructions provided therein.
The costs associated with the return, and therefore the return of the products, will in all cases be borne by the B2B Customer.

Warranty

For professionals "B2B Customers", as defined by the Consumer Code "the natural or legal person acting in the exercise of their business, commercial, craft or professional activity, or their intermediary", they have the right to avail themselves of the commercial warranty valid for a maximum term of 12 (twelve) months from the Delivery of the Product.

Defects and hidden flaws

The Company guarantees that the products are free from defects and flaws. The warranty operates within the limits of art. 1495 of the Italian Civil Code, without prejudice to the further limitations set forth in these Special Conditions.

The B2B Customer is required to carefully check the condition of the product at the time of delivery through visual inspection. In the event that the B2B Customer finds defects in the products, they must make a written complaint to the Company through the designated communication channels, under penalty of forfeiture, within 24 hours of delivery.
The complaint must include the invoice number and date and a precise description of the claimed defect and photographic images. Should the complaint prove unfounded, the B2B Customer will be obliged to compensate the Company for the expenses incurred.
Hidden defects, under penalty of forfeiture of the warranty, must be reported in writing to the Company within 24 hours from the delivery date.

Should the defects reported by the B2B Customer be confirmed, the Company will, at its own expense, repair or replace the defective Products. The repair or replacement of the product will not be carried out if it proves impossible or entails disproportionate costs for the Company; in such a case, the B2B Customer will be entitled to a refund of the price paid, excluding any other compensation for direct and/or indirect damages arising from the defectiveness of the products.