Terms and conditions
1. General
These terms and conditions of sale refer to distance selling of the products shown in the website, www.theberkelworld.it (hereinafter the Website) by Van Berkel International Srl (hereinafter VBI or Supplier), with headquarters in VAN BERKEL USA, Inc. - OFFICE / SHOWROOM, 5675 NW 84th Avenue - Doral, FL 33166 Phone: +1(786)409-7052 vbusa@berkelinternational.com. Products will be sold in compliance with the procedure indicated in the website and the terms and conditions below, which the customer must read and accept before confirming the order.
2. The Parties
Details of the seller Van Berkel International Srl, with registered and administrative office in VAN BERKEL USA, Inc. - OFFICE / SHOWROOM, 5675 NW 84th Avenue - Doral, FL 33166 Phone: +1(786)409-7052 vbusa@berkelinternational.com
Customer: the other party of the sales contracts to which these terms and conditions apply is the consumer, a natural person who purchases a product outside their trade, business, craft or profession.
3. Language of the contract
The official language of this contract is English.
4. Purpose and territory
The purpose of the contract is the sale of products shown and made available at www.theberkelworld.it, with the features indicated in the data sheets therein.
5. Prices
The unit prices are expressed in Euro and are indicated for each product in the reference pages of the website. The shipping prices are indicated in a specific section of the website.
The total price of the purchased products and shipping costs is calculated automatically by the system and is indicated in a specific page.
6. Purchasing a product
The steps to enter into the contract are indicated in the website. The Customer must follow these steps and check that the data entered are correct.
6.1 Selecting a product and placing an order
The Customer must select the products by clicking on the corresponding icon, indicating the desired quantity in the specific space, and then click on the “Add to cart” icon. The selected products are summarised in the “cart” section, together with their price and shipping costs.
The Customer may edit or correct the data entered when selecting the product or the number of products to purchase before confirming the order by clicking on the button to return to the product presentation page.
6.2 Privacy policy, registration, and indication of the shipping address
After selecting the products to purchase, the Customer must enter his/her personal data, authorise their processing for the purposes of the contract, enter the address where to ship the products, and proceed with the registration. If the Customer has already signed up, he/she will only have to sign in to purchase the products. Personal data are processed in compliance with the Italian Privacy Code.
6.3 Completing the order and payment
The order form corresponds to the Customer’s contract proposal and is confirmed by clicking on the relative icon after accepting the terms and conditions of the contract and entering the payment details. Products and shipping can be paid by credit card, PayPal, and bank transfer.
6.4 Accepting the terms and conditions
The Customer must read and accept the terms and conditions of the contract before confirming the order. The Customer must print out or save these terms and conditions.
6.5 Entering into the contract
The contract between the Supplier and the Customer is entered into as soon as the Supplier accepts the order. The Customer receives a confirmation email with the summary of the ordered products, prices, and shipping address.
6.6 Execution of the contract Payment
The Supplier will send the purchased goods, in compliance with section 7, upon receiving the payment with one of the methods specified below.
7. Shipping and delivery costs and times
The products purchased through the website will be delivered to the address indicated by the Customer. The order will be delivered via express courier from Monday to Friday, except holidays. The Supplier will not be held liable for unforeseeable delays.
If the Customer is absent at the time of delivery, the courier will leave a notice. The Customer must contact the courier as soon as possible to agree a new delivery.
The shipping costs are calculated during the purchase procedure in addition to the product cost.
8. Exclusion of liability
The Supplier will not be held liable for failed or delayed execution of the contract caused by force majeure, unforeseeable circumstances, or Internet shortages, which prevent the execution of the contract, in whole or in part, within the agreed timeframe.
The Supplier will not be held liable for any damage, loss, or costs borne by the Customer in the event of failed execution of the contract for reasons not attributable to it and/or unavailability of the ordered product. The Customer will be entitled only to the reimbursement of the amounts paid.
Similarly, the Supplier will not be held liable for any fraudulent or unlawful use of the credit card or other payment methods by third parties. The Supplier cannot know the Customer’s credit card, which is transmitted directly to the Bank managing the service through a secure connection.
9. The Customer’s obligations
Upon proceeding to check out, the Customer undertakes to print out or save these terms and conditions and the specifications of the purchased product in compliance with the Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. It is prohibited to enter false and/or invented data during the registration process required for executing this contract and future communications. The personal data and email must be those of the person placing the order and not of third parties or fictional characters. It is expressly prohibited to register twice for the same person and to enter personal data of third parties. The Supplier is entitled to prosecute any breach and infringement in the interest of all consumers.
10. Right of withdrawal
Should the Customer not be satisfied with the purchase for any reason, he/she is entitled to withdraw from the contract without any penalty and without specifying the reasons within 14 calendar days from then the goods were received. The Customer must notify withdrawal within said deadline via registered letter with return receipt to: Van Berkel International Srl, VAN BERKEL USA, Inc. - OFFICE / SHOWROOM, 5675 NW 84th Avenue - Doral, FL 33166 Phone: +1(786)409-7052 vbusa@berkelinternational.com within the same deadline, which must be followed by the aforementioned registered letter with return receipt within 48 hours. The Customer must return the purchased products to the Supplier within ten days from the withdrawal notification. The products must be PERFECTLY INTACT and in their original packaging with no part missing. The goods will be returned at the Customer’s expense. Upon receiving the product, the Supplier will reimburse the amount paid by the Customer, including shipping expenses (from the Supplier to the Customer) within thirty days from when it receives the returned products.
If the client intends on exercising the right of withdrawal or replacement, the expenses for the return are always borne by the client. The replacement or return will be borne by Van Berkel International only if the product is non-compliant or defective. In the case of returns, the product must be returned to the company in its original packaging. Clients who do not have the original packaging can exercise their right to return or replacement by asking Van Berkel International to provide the specific packaging. The expenses for the shipping of new packaging are to be borne by the client. Product replacement or reimbursement requests will not be processed if they do not contain the original packaging. IN THE CASE OF REPLACEMENT OF A NON-COMPLIANT OR DEFECTIVE PRODUCT, contact the service department at vbusa@berkelinternational.com and WAIT for the take over confirmation from the service department. Return the product to the company only after having received approval from the service department.
11. Nonconformities
Any nonconformity must be reported within two months from its detection, under the penalty of making the warranty null and void. Once the defect is ascertained, the Customer will be entitled either to the replacement of the product or to an appropriate price reduction, or to the termination of the contract with the reimbursement of the amounts paid.
12. Complaints
The Customer may file a complaint by sending an email to vbusa@berkelinternational.com within 3 days from receiving the product, indicating the reason for the complaint and attaching a photograph of the product.
Should the Supplier deem it necessary, the Customer must send the disputed goods via a courier to allow for in-depth verifications.
This will be done at the expense of the Supplier, who will assess whether the complaint is justified and, if so replace the item.
13. Applicable law and Jurisdiction
It is understood that the sales contract with Van Berkel International Srl is entered into in USA and is governed by the US Law. Any dispute arising from the application, execution, interpretation, and violation of purchase contracts entered into online through the website www.theberkelworld.com will be subjected to the US law and settled by the Court of the Customer’s city of residence or domicile, if located in USA. In any other case, disputes will be settled by the Court of Milan, Italy.
