FOR THE USE OF THE WEBSITE AND ORDER MANAGEMENT
1. GENERALITY AND PRESENTATION OF THE SERVICE
1.1. BAKEIT S.R.L.S. is a company governed by Italian law, with registered office in Mestrino (PD), Via Udine, 7, CF and registration number in the Padua Company Register, no. 05011080289, n. REA PD-435930.
1.2. The VAT number of BAKEIT S.R.L.S is as follows: 05011080289
1.3. BAKEIT S.R.L.S. provides users with a system for the wholesale and electronic trade of machines and equipment.
1.4. The Product is supplied by BAKEIT S.R.L.S. without limitation of any traffic or quantity of orders that can be managed and without the payment of any percentage or additional cost by the visitor and user of the Website.
2. SITE REGULATIONS AND ACCESS CONSTRAINTS
2.1. Browsing in any area of the Site implies acceptance of these Site Regulations as well as the subsequent instructions for correct use and all the general contract conditions set out below. If a visitor or user of the Site refuses to accept these Site Regulations as well as all the general conditions of contract indicated below, the same is required to immediately abandon the navigation of the Site and to desist from ordering / purchasing products through the Site itself.
2.2. Each visitor can freely access most areas of the website, even just to view the contents included therein and to take information on the offers advertised. No order is therefore necessary or obligatory while browsing the electronic portal. In the event that the visitor instead intends to proceed with an order / purchase, he / she must carry out a formal insertion of their data required by the mandatory fields of the Website itself, without the need to proceed with any form of registration.
2.3. BAKEIT S.R.L.S. has the right to modify these Site Regulations at any time. Users are therefore advised to periodically check the Site Regulations, the instructions for correct use as well as all the general contract conditions set out below in order to avoid unpleasant surprises. It should be remembered that these Regulations and general contract conditions are binding for all users (mere visitors or users) of the Site, including registered and unregistered users.
3. INSTRUCTIONS FOR CORRECT USE OF THE SITE
3.1. The user (visitor or user) is allowed to use the Site as well as print and download its contents for personal use for non-commercial purposes under the following conditions:
3.1.1. The user must not use the Site in an improper or worse illegal way, including by means of any concretising techniques of computer piracy or computerized data extraction.
3.1.2. Unless otherwise provided, copyright and other intellectual property rights relating to the Site and the material published therein (including, but not limited to, operational data such as logos, addresses and contact details, photographs and graphic images of any kind and commercial promotions) are owned by BAKEIT SRLS or the subjects from whom BAKEIT S.R.L.S. has obtained the relevant authorization for use. The aforementioned works are reserved and protected by copyright laws. For the purposes of this Website, any use of extracts from this Website is prohibited for purposes inconsistent with that described in point 1.3 of these general conditions of contract.
3.1.3. No user (visitor or user) is allowed to reproduce or store any part or content of the Website in any other website or portal, nor to insert in any system or service, public or private, for the electronic retrieval of information, any content of the same Website without the prior written authorization of BAKEIT SRLS
3.1.4. No user (visitor or user) is allowed to make changes to any structural part of the Website or to alter or use digital or paper copies, drawings, photographs or other graphic images, video or audio sequences separately from the text that the accompanies content on the Website itself.
3.1.5. No user (visitor or user) is allowed to use material on the Site or the Site itself for commercial purposes without having obtained from BAKEIT S.R.L.S. an authorization or release in this sense.
3.2. Also, by placing an Order / purchase through the BAKEIT S.R.L.S. website, the buyer guarantees:
3.2.1. to have the ability to act and conclude legally binding contracts;
3.2.2. to take criminal responsibility for any crime is determined by the outcome of failure to comply with applicable laws.
4. CONDITIONS OF ACCESS, SECURITY AND OPERATION OF THE SERVICE
4.1. BAKEIT S.R.L.S. undertakes to ensure that access and transmission of information via the Internet is secure. In this sense, BAKEIT S.R.L.S. adopts all the measures prescribed by law for the protection of information entered on the internet, as well as for the protection of sensitive data and requires its users (visitors or users) to pay maximum attention to these aspects and to report any problems.
4.2. Despite this commitment, however, BAKEIT S.R.L.S. cannot guarantee total security of the data transmitted to the Website or through it. Each user (visitor or user), in addition to ensuring to facilitate the commitment of BAKEIT S.R.L.S., according to the previous point, assumes the risk of being able to undertake an insecure data transmission and exempts BAKEIT S.R.L.S. from any liability that is not directly attributable to violations of the legislation by BAKEIT S.R.L.S.
4.3. BAKEIT S.R.L.S. also undertakes to ensure that access to the Site can normally take place twenty-four hours a day (24h / 24), Despite this commitment, BAKEIT S.R.L.S. does not assume any obligation in this regard and is not responsible towards the user in the event that the Website, at any time or for periods of any duration, is not available.
4.4. BAKEIT S.R.L.S. is not responsible for any lack of functionality of the Website or for the lack of availability of the Service if this is caused by adverse weather conditions or technical problems or in any case for reasons not attributable to BAKEIT S.R.L.S.
4.5. BAKEIT S.R.L.S. reserves the right to terminate the Service and access to the Website at any time, even without notice, in order to make the necessary maintenance or repairs or to update the Website itself. In this sense, BAKEIT S.R.L.S. will make every reasonable effort to ensure that this intervention takes place within reasonable time and to ensure that the interruption of the Service lasts as short as possible.
4.6. Each user (visitor or user) has the right to communicate without delay to BAKEIT S.R.L.S. any malfunctions of the Service.
4.7. BAKEIT S.R.L.S. undertakes to restore, with reasonable promptness and according to the extent of the malfunction, the Website Access Service, except in the case where the malfunction is due to inappropriate use of the Website by the user (visitor or user) or by third parties not authorized to make changes to the same Website or in the event that repairs or interventions have not been made by the Company. In such cases, if the malfunction results from a third party liability, the Company reserves the right to make the necessary repairs for a reasonable fee for the repair activity, previously communicated to the person responsible for the malfunction and to request any economic compensation. for damages caused to the Service.
5. PROCESSING METHODS OF THE ORDER / PURCHASE
5.1. After viewing the Products he intends to order / purchase in the appropriate menu, the buyer has the right to place the Order / Purchase using the specific area on the Website.
5.2. Upon receipt of the Order / Purchase, BAKEIT S.R.L.S. notifies the buyer, by e-mail, that the Order / Purchase has been received and is being processed. It is specified that any confirmation page that the buyer can view on the Site and any Order / Purchase confirmation that the buyer himself receives via e-mail only indicate that the Buyer's Order / Purchase has been received and is in progress. processing by BAKEIT SRLS, but does not necessarily imply that the Order / Purchase itself has been accepted.
5.3. BAKEIT S.R.L.S. may not accept part of the Orders / Purchases for any reason but in such cases it will communicate this refusal to the potential buyer by sending a timely electronic communication (e-mail) to the e-mail address of the same.
5.4. The estimated times for deliveries and withdrawals of the products are 45 working days. BAKEIT S.R.L.S. does not guarantee that Orders / Purchases will be delivered or will be available for collection within the estimated times.
5.5. Once the Order / Purchase has been sent, it is no longer possible to modify or cancel it and you are not entitled to any refund. If the buyer wishes to modify or cancel the Order / Purchase, he can contact the company electronically or by telephone. However, there is no assurance regarding the fact that the same will accept the requests for modification or cancellation of the buyer as the process of processing the Order / Purchase may have already started.
5.6. The buyer, pursuant to art. 55 lett. a) of the Consumer Code, has no right to withdraw from the Orders made once the requested good has been delivered.
6. PRICE INDICATIONS AND PAYMENT METHODS
6.2. The prices are those indicated on the Site and are all not inclusive of VAT However, the same may not include delivery costs (if home delivery is chosen instead of collection). These costs duly indicated on the Website are added to the total amount due, if applicable.
6.3. The payment of the Order by the buyer must take place at the time of placing the order and in any case before the delivery or collection of the goods, using the payment methods and the prices indicated on the Website. In case of non-payment at the same time as the order is placed, the company BAKEIT S.R.L.S. reserves the right to block the processing of the delivery process and to charge any additional costs related to the processing of the file and due to the default of the contractor and failure to pay the price.
6.4. This website contains a large number of products and it is always possible that some of them may bear an incorrect indication of the price. If the exact price of an Order / Purchase is higher than the price indicated on the Website, the customer is entitled to the lower price erroneously indicated on the Website and will not be required to pay the difference compared to the incorrect price or to incur any cost increase.
6.5. A credit or a discount can be applied to the Order if the customer uses a promotional reason recognized by the Site and confirmed by BAKEIT S.R.L.S.
7. COMPLAINTS AND DISCLAIMER
7.1. In the event that the buyer is not satisfied with the quality of any Product and wishes to request a refund, a proportional reduction of the price or any other form of compensation, he is required to contact the supplying company directly in order to file his complaint and if applicable, to comply with the complaints procedures provided. In other words, the company BAKEIT S.R.L.S. it must be kept free from any complaints concerning the quality of the product or related problems and / or connected with the delivery and shipment of the same.
7.2 Please note that BAKEIT S.R.L.S. has no control over the quality of the Products and is unable to provide, nor does it assume any responsibility or commitment to provide, any compensation in favor of the buyer on behalf of third-party companies. Similarly, it should be noted that BAKEIT S.R.L.S. has no control over the transport and shipping operations and consequently is unable to provide, nor does it assume any responsibility or commitment to provide, any compensation in favor of the buyer on behalf of third party shipping or transportation companies.
7.3. BAKEIT S.R.L.S. may make any changes to the material on the Site or to the services and prices described therein, at any time and without notice, by communicating these changes to users (visitors and users) by means of the mere publication of information on the site.
7.4. BAKEIT S.R.L.S. is not liable to users (visitors or users) in any case, either on a contractual or non-contractual basis (including for negligence), or for violation of obligations imposed by law, or for any other reason, even if it is a foreseeable circumstance , deriving from, or in connection with, the Service or the Site (including the use, the impossibility of using or the effects of the use of the Service or the Site) in relation to:
- any loss of profits, sales, business or income;
- loss or destruction of data, information or software;
- loss of business opportunities;
- loss of anticipated savings;
- goodwill loss;
- any indirect or consequential loss.
7.5. In relation to any other loss deriving from, or in connection with, the Service or the Site, be it on a contractual, extra-contractual basis, for violation of obligations under the law or for any other reason, the company BAKEIT S.R.L.S. cannot have any form of liability towards the buyers.
7.6 BAKEIT S.R.L.S. is not liable for, and is not required to compensate, any eventual default or late fulfillment of its contractual obligations provided for in these Site Regulations which is caused by events beyond the reasonable possibility of control by BAKEIT S.R.L.S. ("Force Majeure Events"). By major causes we mean any event that goes beyond reasonable control or forecast such as, for example, but not limited to: strikes, lockouts, or other union disputes, failure of a public utility service, failure of the transportation, extraordinary events such as wars, riots, civil riots, malicious damage by third parties, compliance with laws or provisions, rules or regulations or governmental indications, accidents, failures of plants or machinery, fires, floods, hurricanes, restrictions on imports and exports, supplier defaults, defects, failures or other operational interruptions not attributable to normal diligence.
7.7. BAKEIT S.R.L.S. guarantees each person who intends to use their service the widest freedom of expression of their thoughts, including the exercise of a right of criticism, within the limits permitted by law. In this sense, the company urges all users to use a language that is appropriate and in no way offensive to the honor, dignity and reputation of any person, in compliance with the provisions of the law and articles 594 et seq. of the penal code. In particular, BAKEIT S.R.L.S. specifies that if any review or comment published also in other communication channels is offensive to the values indicated above, the company reserves the right to remove the aforementioned review within an appropriate and reasonable period and to indicate the name of the person who committed the offense to the competent Authorities. In this sense, in the event that there are harmful reviews not addressed directly to BAKEIT SRLS, the same company cannot be involved in any proceeding or any civil or criminal consequence affecting the subjects who have materially produced the offense or by those who objectively suffered it. These subjects, where they deem it appropriate, must act while maintaining the company BAKEIT S.R.L.S. free from any consequence, including any image damage. In this regard, BAKEIT S.R.L.S. reserves any possible judicial action aimed at protecting its interests and rights in the outcome of possible reviews with abusive or defamatory content whose content interests not only BAKEIT S.R.L.S. as the recipient of the offenses but also any local affiliated with the Service.
8. RESOLUTION HYPOTHESIS
8.1. BAKEIT S.R.L.S. has the right to resolve, pursuant to art. 1456 of the Civil Code, or suspend (in its sole discretion) the user's right (visitor or potential user) to use the Website or the Service, immediately, by means of written communication (including communication via e-mail), in the case in which it believes, in its sole discretion, that the same user has violated any of these general conditions of contract.
9. OPERATIONAL CLAUSES OF A RESIDUAL CHARACTER
9.1. The current legislation requires that some information and notices, including those that BAKEIT S.R.L.S. provides the user (visitor or user), must be communicated in writing. The user (visitor or user) acknowledges that the operational communications between BAKEIT S.R.L.S. and the same can also be done via electronic communication by e-mail. For legal communications, on the other hand, the forms set out above in this contract will be assumed (generally registered letter with return receipt).
9.2. With the exception of legal communications, however, with the use of the Site, the user accepts that communication with BAKEIT S.R.L.S. occurs mainly electronically. The user is contacted by e-mail. For contractual purposes, the user accepts these electronic communication methods and acknowledges that all contracts, notices, information and other communications provided electronically by BAKEIT S.R.L.S. comply with the legal requirement of the written form. This clause does not affect the rights that the law provides for visitors of the Site.
9.3. The Company has the right to assign the rights and obligations deriving from this contract to third parties.
9.4. If any stipulation of this contract (including a single article or a single point) is declared in whole or in part invalid, illegal or unenforceable, the other provisions will remain in force in all respects and the stipulations in whole or in part invalid will be interpreted (or the minimum necessary will be modified) so as to make them valid, lawful and executable.
10.1. This contract and any controversy or complaint arising from, or connected to this contract, with reference to the provisions contained therein and / or with reference to the negotiation of the same, are regulated and interpreted in accordance with Italian law.
10.2. The parties undertake to submit any dispute that may arise in relation to this contract to the exclusive jurisdiction of the Court of Padua.