Terms and sales conditions
Premise:
Users who use the Services offered on this website (hereinafter referred to as "site" or "platform" or similar terms) declare that they know and accept these general terms and conditions together with the Privacy Policy which forms an integral part thereof.
This document constitutes a legal agreement between you, as a User, and the producer (Azienda Ennio Bellia) and regulates purchases on this Platform.
The Azienda Ennio Bellia - Viale Treviso 106, 30020 Portogruaro (VE) - VAT number 03153010271 is the producer and owns the products and the brands presented and sold on this Platform.
C4B Srl, Via Copernico 38, 20125 Milan, VAT number 04509100261 is the company that deals with the development and maintenance of this website or Platform.
“Legal Agreement” or “Contract” or “Terms and Conditions (or Terms)” means that the terms of such agreement, once accepted by the User, are binding on the latter. The Contract between the producer and the User will be drawn up in Italian.
"Order Receipt" refers to the email that Azienda Ennio Bellia sends upon receipt of the order.
“Service” is the service offered by the producer as described by these Terms.
Changes to these Terms
The producer reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it on this Platform. For this reason, Users are invited to consult the most up-to-date version of the Terms and Conditions before making any purchase. The applicable Terms and Conditions are those in effect on the date the purchase order is sent. The User who continues to use this Platform, after the publication of the changes, accepts the new Terms without reservation.
Acceptance of the Contract
In order to use this Platform, the User must carefully read and accept the Contract by clicking on the specific acceptance button. If you don’t accept the Contract, you won’t be able to use the Service.
Registration, Platform Content and Prohibited Use
Registration
In order to use the Service or part of it, Users must register by truthfully and completely providing all the Data requested in the relevant registration form and fully accept the Privacy Policy and these general Terms and Conditions. The User has the duty to guard and keep his access credentials confidential. Registration credentials must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to make sure that no one has access to them, as well as to inform Azienda Ennio Bellia without delay in case of suspected misuse and/or disclosure of the same.
It's understood that, under no circumstances, can the producer (Azienda Ennio Bellia) or C4B Srl be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.
Cancellation and closure of User accounts
Registered Users can deactivate their accounts, request their cancellation or stop using the Service at any time, through their own User Reserved Area or by contacting Azienda Ennio Bellia directly.
The producer, in case of violation of these Terms, reserves the right to suspend or delete the User's account at any time and without notice. Such violations can arise if one or more of the following occurs:
- the User has violated the Contract;
- access to or use of the Service could cause damage to the producer, other Users or third parties;
- the use of the Platform by the User may result in a violation of the applicable law or regulation;
- in the event of investigations conducted as a result of legal actions or due to the involvement of public authorities;
- the account is considered, by the producer, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in breach of the Contract or not in line with the standards of the producer itself.
The Users are responsible for their own content and third-party’s content that they share on this Platform, by inserting it or in any other way.
The Service shall be used in accordance with the Terms. The Users may not use this Platform in any other improper manner that violates the Terms.
Services provided by third parties
Users can use services or content included in this Platform provided by third parties but must first have read the Terms and Conditions of such third parties and accept them.
Under no circumstances can the producer (Azienda Ennio Bellia) or C4B Srl be held responsible in relation to the proper functioning or availability, or both, of services provided by third parties.
Sales conditions
Purchase procedure
Each order sent constitutes an offer to purchase the products. Azienda Ennio Bellia reserves the right, at its sole discretion, to accept or not the Order following the verification of the availability of the product object of the proposal, under the conditions indicated in the same. The User must select the products and complete the check-out, after carefully checking the information contained in the order summary. The order is made by confirming it and is subject to payment of the price, taxes and shipping costs as indicated in the Order Summary form. The conclusion of the contract takes place when the Azienda Ennio Bellia sends the Order and Shipment Confirmation to the email address provided by the User. Azienda Ennio Bellia reserves the right not to confirm an order, in the event of unavailability of one or more of the products purchased, giving notice to the Users within 5 working days of placing the order and using the email address associated with their purchase. In this case, Azienda Ennio Bellia will refund the price and any shipping costs incurred by the User.
Customer service will be available at the email address: info@giovannibellia.it. Requests will be processed within a maximum period of 72 working hours.
Terms of payment
Azienda Ennio Bellia uses third-party tools for payment processing.
Any management costs of non-accepted payments by the User will be charged to the User.
All prices are inclusive of VAT and expressed in Euros.
The total Price resulting at the end of the Order is inclusive of shipping costs, where applicable.
In order to ensure the security of payments made, Azienda Ennio Bellia uses PayPal and Stripe as a secure payment gateway (SSL), through which it is possible to interface with the main payment circuits, including Amex, Mastercard, Visa, PostePay.
The conditions of use of the PayPal service are available at the following link.
The conditions of use of the Stripe service are available at the following link.
Accepted payments are detailed on the Payment methods page.
During the purchase, in case of payment by PayPal account, Azienda Ennio Bellia will memorize an identification code linked to the customer's PayPal account, which will authorize Azienda Ennio Bellia to use it exclusively for future purchases.
It is possible to revoke the aforementioned authorization at any time by contacting Azienda Ennio Bellia directly.
Until full payment of the price of the products ordered, the products remain the property of the producer.
Availability of products
The prices, descriptions or availability of the products displayed in this website are subject to change without notice by the producer. The price charged to the costumer will be the one published on the product information sheet at the time the order is sent.
The photos inserted are indicative and may not be an exact representation of the products.
The producer will present the characteristics of the products with as many details as possible on each sheet corresponding to the product viewed by the User on this Platform. However, the images and colors of the products offered for sale on the Platform may differ from the real ones due to multiple factors including, but not limited to, the User's terminal monitor, photographic filters, etc. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.
In case of unavailability of the ordered Product, excluding the rights attributed to the User by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the User will be promptly informed by email or by telephone. Therefore, the User will be entitled to terminate the Contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the User makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code or in any case in which the payment of the Total Amount Due has already taken place, Azienda Ennio Bellia will reimburse this amount without undue delay and, in any case, within the maximum term of 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the User for the purchase or to the different means agreed between the User and the Producer. Any credit delays may depend on the bank, the type of credit card or the payment solution used.
Execution of the Order
The Order is executed within the terms specified in the summary page and in the Order and Shipping Confirmation email, subject to the availability of the ordered product. Azienda Ennio Bellia cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Confirmation and Order shipment.
Shipping
Shipping costs vary according to the amount of the order. Free shipping is provided for orders over a certain spending threshold.
Deliveries will be made by BRT, SDA, GLS, UPS, Ceccarelli, PMG, UPS Express Courier and SMM in Europe and in the world with variable times depending on the destinations. Please note that delivery times are only indicative and are calculated from the day of shipment.
Please note that delivery times are only indicative and are calculated from the day of shipment.
Order tracking
After placing an order, you will receive an email containing all the details of your purchase. If you would like further information, do not hesitate to get in touch with us. The shipment is made within the working day following the date of the Order. As soon as the package is handed over to the courier, its electronic traceability begins and the day of arrival is estimated. You can follow the progress of the delivery by accessing the courier's tracking page via the link we will send you.
Customs clearance and duties
Customs duties are calculated according to the regulations of the Country of transit of the goods. As a rule, customs duties are always charged to the recipient of the shipment before delivery. Azienda Ennio Bellia and the courier do not intervene directly in the customs clearance process of the shipment. This type of management is always carried out by the Customhouse of the Country in which the goods transit.
Customs clearance costs and any other additional charges are the responsibility of the User.
If you have shipped within the EU, no customs tax will be applied to your shipment.
Delivery
Deliveries are made during normal working hours to the address indicated by the Users and in the manner specified in the order summary.
It is up to the Users to check the conditions of the Product that has been delivered to them. The risk of loss or damage to the Products, for reasons not attributable to Azienda Ennio Bellia, is transferred to the Users when they, or a third-party designated by them and other than the carrier, materially takes possession of the Product. The Users are advised to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and they are invited, in their interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. The receipt of the Products without reservations, in fact, does not allow the Users to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and except for the partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than 8 days after receipt. In the event that the package shows obvious signs of tampering or alteration, the Users are also advised to promptly notify Azienda Ennio Bellia. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
In case of non-collection within the term established by the carrier, the Products will be returned to Azienda Ennio Bellia, which will reimburse the price of the products including shipping costs. Azienda Ennio Bellia cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in filling in the purchase order by the User, for damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.
Right of withdrawal
In case of purchase of Products or Services on this website, the User has the right to withdraw from the Contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third-party – other than the carrier and designated by the User – acquires physical possession of the goods.
To exercise the right of withdrawal, the User is required to inform Azienda Ennio Bellia of the decision to withdraw via an explicit declaration sent to the contacts provided and before the expiry of the withdrawal period. To exercise the right of withdrawal, the User must send an email to: info@giovannibellia.it with an explicit declaration of his decision to withdraw from the Contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the User, it is in the User's interest to keep a copy of the email sent to Azienda Ennio Bellia with the Declaration of Withdrawal.
To this end, the User can use the model for exercising the right of withdrawal shown below:
Effects of withdrawal
If the User withdraws from the Contract, all payments made to Azienda Ennio Bellia will be refunded, including delivery costs without undue delay and, in any case, no later than 14 days from the day on which the producer was informed of the User's decision to withdraw from the Contract. These refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to incur any costs as a result of this reimbursement. Reimbursement may be suspended until receipt of the goods.
The User is requested to return the goods and deliver them to the Producer without undue delay and, in any case, within 14 days from the day on which he communicated the withdrawal from the Contract. The deadline is met if the User sends back the goods before the 14-day period has expired. The costs of returning the goods will be borne by the User, unless otherwise agreed.
Limitations on the right of withdrawal
Returned products that are damaged or used in a different and further way than what is strictly necessary to establish their nature, characteristics and functioning will be reimbursed after deduction of the decrease in value resulting from the damage or use. Reimbursement is excluded when the decrease in value is total.
The right of withdrawal, pursuant to art. 59 of the Consumer Code, is, in any case, excluded in relation to:
- goods made to measure or clearly personalized;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery.
Applicability of the withdrawal clauses
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the Users who qualifies as a Consumers, which are the Users who acts for purposes unrelated to their business and professional activity.
Compensation and Limitation of Liability
Indemnity
The User undertakes to indemnify the producer Azienda Ennio Bellia (as well as any company controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, which may arise in the event of damages caused to other Users or third parties, in relation to the contents uploaded online, the violation of the law or the terms of these conditions of service.
Limitations of Liability
The use of the Platform and of the functionalities accessible through the Platform is carried out by Users at their own risk and under their own responsibility.
In particular, the producer, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the producer's activity. Therefore, the producer will not be liable for:
- any losses that are not a direct consequence of the breach of the Contract by the producer;
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill, etc.);
- damages or losses deriving from interruptions or malfunctions of the Platform due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and unrelated to the sphere of control of C4B Srl and/or the producer such as, a by way of non-exhaustive example, breakdowns or interruptions to telephone or electricity lines, to the internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the supply of products, third-party services or applications;
- incorrect or unsuitable use of the Platform by Users or third parties.
Common provisions
Service Interruption
To guarantee Users the best possible use of the Service, C4B Srl and/or the producer reserve the right to interrupt the Service due to system maintenance or updating needs.
Resale of the Service
The Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform and its Services without the prior written permission of the producer, granted either directly or through a specific reselling program.
Privacy policy
The Data communicated by the User necessary for the execution of the Contract are processed in compliance with the provisions of EU Regulation 679/2016 and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018. 101/2018.
For information on the use of Personal Data, Users must refer to the privacy policy.
Intellectual Property Rights
All trademarks, figurative or registered, and all other signs, brand names, service marks, word marks, trade names, illustrations, images and logos appearing relating to the producer are and remain the exclusive property of the producer or its licensors and are protected by applicable trademark laws and related international treaties.
All trademarks and other signs, brand names, service marks, word marks, trade names, illustrations, images and logos relating to third parties and the content posted by such third parties on the Platform are and remain the exclusive property or availability of said third parties and their licensors and are protected by applicable trademark laws and related international treaties.
Age requirements
Users declare that they are of age according to the legislation applicable to them. Under no circumstances may children under the age of 13 use this Platform. Furthermore, the User who makes the purchase through the Platform declares and guarantees that whoever receives the shipment of the purchased products is of age according to the legislation applicable to the latter.
Assignment of the Contract
The producer reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations arising from the Terms, only when the User's rights provided herein are not affected, expet to the possibility for the User to withdraw freely by the Contract. Any transfer will be promptly communicated to the User. The Users may not assign or transfer their rights or obligations under the Terms in any way without the written permission of the producer.
Communications
All communications relating to the producer must be sent using the contact information provided in the Contract.
Applicable law and Competent Court
These Terms and all disputes regarding the execution, interpretation and validity of this Contract are subject to the law, to the jurisdiction of the Italian State and to the exclusive jurisdiction of the Treviso Court. In cases where the law provides for it, the mandatory forum will be that of the Consumer's residence.
Dispute resolution
The producer is available to answer any questions sent via email to the address published in this document.