Conditions of Sale
Bembo regulates purchases made on the bembo.it website in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and by Legislative Decree no. 70/2003 on e-commerce.
ARTICLE 1 - Object of the contract
With these general terms and conditions of sale, the customer buys the tangible movable property indicated and offered for sale on the www.bembo.it website at a distance. The contract is concluded exclusively via the Internet, through the customer accessing the address www.bembo.it. and placing a purchase order according to the procedure set out on the website itself.
The customer undertakes to read and accept these general conditions of sale before confirming his order.
ARTICLE 2 - Pre-contractual information for the consumer - Article 49 of Legislative Decree 206/2005
Before the conclusion of the purchase contract, the customer is informed of the characteristics of the goods, which are illustrated in the individual product sheets at the time of the customer's choice.
Prior to the conclusion of the purchase contract and before validating the order with "obligation to pay", the customer is informed about
total price of the goods including taxes, with details of shipping costs and any other cost;
payment method;
the deadline within which Bembo undertakes to deliver the goods;
conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these terms and conditions);
information that the customer will have to bear the cost of returning the goods in case of withdrawal;
existence of the legal guarantee of conformity for the purchased goods;
conditions of after-sales service and commercial guarantees provided by Bembo.
The customer may at any time view the information relating to Bembo, the geographical address, telephone and fax number, e-mail address, information that is also reported below:
Bembo is a website and a registered trademark of Martini S.r.l,
registered office in Piazza Carducci n. 6
21100 Varese
operational and packaging headquarters
Via Novara n. 2
21013 Gallarate (VA)
tel. 0331 761 074
info@bembo.it.
ARTICLE 3 - Conclusion and effectiveness of the contract
The contract of sale shall be considered concluded when Bembo sends the Customer an e-mail confirming the order. The e-mail contains the Customer's data and order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
The Customer undertakes to verify the accuracy of the personal data contained in the e-mail and to promptly notify Bembo of any corrections.
Bembo undertakes to describe and present the articles sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the site and the actual product. Furthermore, the photographs of the products presented on www.Bembo.it do not constitute a contractual element, as they are merely representative. For food items such as spices, peppers and flavoured salts, there may be some differences in shape and colour compared to the photographs displayed on www.Bembo.it. This is due to the artisanal nature of the preparations and variations in the intensity of the ingredients. The same could occur for other items - e.g. Himalayan pink salt lamps - and for all other items produced and packaged by hand.
Bembo declines all responsibility for discrepancies due to the production of the goods by the manufacturer or any damage or delays due to transport.
ARTICLE 4 - Availability of products
Product availability refers to the actual availability at the time the Customer places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of several users on the site, the products may be sold to other Customers before the order is confirmed.
Even after sending the order confirmation e-mail sent by Bembo, partial or total unavailability of goods may occur. In this eventuality, the Customer will be informed immediately by e-mail.
If the Customer requests the cancellation of the order, thereby terminating the contract, Bembo shall refund the amount paid within 14 days of the day on which Bembo became aware of the Customer's decision to terminate the contract.
ARTICLE 5 - Methods of payment
Any payment by the Customer may only be made in the manner indicated on the relevant page.
ARTICLE 6 - Prices
All sales prices of the products shown on the www.bembo.it website are in euros and include VAT. It is not possible to request different packaging from Bembo than that shown on www.Bembo.it.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
The Customer accepts Bembo's right to change its prices at any time, but the goods shall be invoiced on the basis of the prices indicated on the site when the order is created and indicated in the confirmation e-mail sent by Bembo to the Customer.
In the event of a computer, manual, technical or any other kind of error that may lead to a substantial change, not foreseen by Bembo, in the retail price, making it exorbitant or clearly derisory, the purchase order shall be considered invalid and cancelled and the amount paid by the Customer shall be refunded within 14 days from the day of cancellation.
ARTICLE 7 - Right of withdrawal
The right of withdrawal can be exercised only and exclusively for goods of a non-food nature (lamps, copper pots, chef's uniforms, etc.). We remind you that the food nature of the products, even if not perishable, prevents any verification of their safety and hygiene after their return.
In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The Customer who intends to exercise the right of withdrawal must communicate it to Bembo by means of an explicit declaration, which may be sent by registered letter with return receipt or by e-mail to info@Bembo.it.
The goods must be returned to Martini S.r.l. via dei Novaj n. 1 21010 Cardano al Campo (VA) and the shipping costs will be borne by the customer.
All other direct costs of the return of the products shall be borne by the Customer.
The goods must be returned absolutely intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Bembo shall refund the amount of the products subject to withdrawal within a maximum period of 14 days.
As provided for in Article 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, Bembo may suspend the refund until receipt of the goods.
ARTICLE 8 - Legal guarantee of conformity
If the Customer receives products that do not comply with the orders or are defective, the Customer shall be entitled to have the product's conformity restored free of charge by repairing or replacing the product. The Customer may exercise this right if the defect becomes apparent within two years of delivery of the goods and reports the defect to Bembo within two months of its discovery.
The Customer shall notify Bembo of the defects detected within the deadline at info@bembo.it .
ARTICLE 9 - Liability
Bembo accepts no liability for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and inefficiencies of the Internet network, in the event that it is unable to execute the order within the time provided for in the contract.
ARTICLE 10 - Access to the site
The customer is entitled to access the site for consultation and purchases. No other use, in particular commercial use, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of Bembo and its subsidiaries and are protected by intellectual property law.
ARTICLE 11 - Cookies
The www.Bembo.it website uses ''cookies''. Cookies are electronic files that record information relating to the Customer's navigation on the site (pages consulted, date and time of consultation, etc.) and which allow Bembo to offer a personalised service to its customers.
Bembo informs the Customer of the possibility of deactivating the creation of these files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 12 - Integrity
The present General Terms and Conditions of Sale consist of the entirety of the clauses which comprise them. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared so by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 13 - Applicable law and jurisdiction
These General Conditions of Sale are subject to Italian law.
Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if located in the territory of the State.
In any case, optional recourse may be made to the mediation procedures set forth in Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these Terms and Conditions of Sale.