General Condition of Sale for Non-Consumer Customers
These General Conditions of Sale regulate the contractual relationship between customers on the www.beam.it website and BEAM S.r.l.
VAT and tax No. 00617150263, VAT code CEE IT 00617150263, Treviso Economic Administrative Index No. 131022 Treviso
Companies Register No. 00617150263, Data processing No. TV007567 Registered Office: Via Ettore Majorana 2, 31025 Santa Lucia di Piave (Treviso) ITALY Company Capital € 60,000.00 f.p.u.
hereinafter BEAM.
Definitions
The following are definitions of the terms used in these Conditions for Sale:
- WEBSITE: The website www.beam.it on which BEAM products are sold.
- CUSTOMER: A non-consumer who purchases PRODUCTS for their entrepreneurial, commercial, professional or institutional activities and forwards to BEAM a purchase order for products sold on the WEBSITE.
- CONTRACT: A distance selling contract entered into by BEAM and the CUSTOMER.
- PRODUCTS: The BEAM products whose essential characteristics are described directly on the WEBSITE (for each product viewed the CUSTOMER will be able to access a special info sheet containing all the main information and data regarding that product) and which may be purchased by the CUSTOMER using the on-line purchasing procedure described below.
1. Acceptance of the General Conditions of Sale
The CONTRACT shall be considered concluded when the CUSTOMER accepts the offer and conditions proposed by BEAM.
The CUSTOMER who makes the purchase shall print out and/or keep a hard copy of this document, as well as the one received from BEAM under the terms of clause 2 below (showing the data for the customer and the order, the price of the PRODUCT, transport costs and any further charges, if applicable, the delivery address and indication of delivery times). Under the terms of art. 12 Italian Legislative Decree No. 70/2003, BEAM informs its CUSTOMERS that every order forwarded is stored in digital form on the WEBSITE hosting company’s server and on paper or in digital form on BEAM’s premises, in any case observing confidentiality and security criteria.
2. On-line Purchasing Procedure
A CUSTOMER who wishes to make a purchase must:
- Follow the instructions to enter the products required and the requested data into the special cart; wait to receive confirmation of product availability at the given price, which will be sent to the email address provided; check that the offer made by BEAM corresponds to the order made and then send BEAM a purchase confirmation.
- Payment of the price indicates acceptance of the order.
- BEAM reserves the right to refuse orders received, or not to fulfil confirmed orders if the products involved are no longer in stock, and undertakes to inform the CUSTOMER punctually of such a situation. If payment has already been made, BEAM shall promptly refund the amount paid, in any case no later than 14 days after the communication informing the CUSTOMER.
3. Product Prices
All PRODUCT prices are given in euros. Transport costs and any other charges, if applicable, are not included in the purchase price and are indicated and calculated separately. By filling in the purchase order, or in any case before the procedure is completed under the terms of clause 2 above, the CUSTOMER shall have the opportunity to check such costs and charges.
Please note that if the PRODUCTS are sold and delivered in Italy or within the European Union no import taxes or customs duties are due. If deliveries are made to countries outside the European Union, there may be import taxes and/or customs duties due, according to the type of product and the country of destination: we cannot therefore predict in any way whether such costs are involved and how much they will amount to. It is the CUSTOMER’s task to make enquiries to the Customs authorities of the country involved. In any case, any costs relating to import taxes and/or customs duties shall be paid exclusively by the CUSTOMER.
4. Method of Payment
Only the type of payment specified in the offer will be accepted: the following are the only valid methods:
- Advance payment by bank transfer: payment is considered made only when the amount has been credited to BEAM’s current account. The bank transfer must make reference to the order number and name of the person to whom the invoice will be addressed. The goods will be dispatched only after the amount has been credited to the receiving bank. It may take between 1 to 5 days for the money to be transferred.
- Payment by Pay Pal: Pay Pal is used to pay by credit/prepaid card or through a rechargeable Pay Pal account. BEAM will never acquire credit card data, which are transmitted via a protected connection directly to the bank involved. BEAM declines any liability deriving from the illegitimate or fraudulent use of credit cards by third parties. Concluding the contract implies an obligation on the part of the CUSTOMER to pay the price for the selected PRODUCTS, therefore when the purchase procedure has been completed and the contract with BEAM has been concluded, as per clauses 1 and 2 above, the price must be paid.
5. Delivery of Goods
BEAM will have the goods delivered by a trustworthy international courier to the address given by the CUSTOMER on the order.
When the goods are delivered the CUSTOMER shall check:
1. That the number of parcels corresponds to that on the delivery note;
2. That the parcels are sealed and whole and have not been tampered with or the packing damaged.
CUSTOMERS shall forfeit the right to complain if they fail to notify the courier immediately of any of the above-mentioned situations, before signing to accept the goods.
Any problems regarding the integrity, completeness or correspondence to the order of the PRODUCTS shall be communicated electronically to info@beam.it within 8 (eight) days of the delivery date.
If the goods are not collected by the CUSTOMER and therefore returned to sender, the order will be null and void and the CUSTOMER will be charged transport costs, to be deducted from the sum paid.
6. Guarantees
BEAM guarantees that its PRODUCTS conform to EU technical standards for the trade; if legislation in the country involved could affect the contents of the contract and/or PRODUCT conformity to such legislation, the CUSTOMER shall provide BEAM with such information before concluding the contract.
BEAM shall respond to any non-conformity within 12 (twelve) months of the delivery date of the PRODUCT found to be nonconforming.
How to use the guarantee
The customer shall promptly inform BEAM of any PRODUCT non-conformity no later than 8 (eight) days from its discovery, by sending a written report to info@beam.it, or by fax to 00390422743921. In the communication the CUSTOMER shall also indicate the name and telephone number of the contact person if clarification is required; attach a copy of the purchase document (invoice) if the PRODUCT is still covered by the guarantee; specify the address to which the repaired product or replacement component must be sent.
In the event of non-conformity BEAM will repair the PRODUCT or replace faulty components free of charge. The CUSTOMER shall follow the instructions given by BEAM regarding use of the PRODUCTS or the simple procedure to adopt for requesting free consultancy about replacing faulty components, by sending an email to info@beam.it.
7. Applicable Law and Competent Court
These conditions of sale are regulated by Italian law, excluding any other regulations (including those laid down by the United Nations Convention on Contracts for the International Sale of Goods - Vienna 1980).
Any other controversy deriving from the contract between BEAM and its CUSTOMERS shall be settled exclusively by the Court of Treviso.
Back to Contents
8. Communications and Complaints
Written communications to BEAM and any complaints will be considered valid only if sent to BEAM SRL, VIA ETTORE MAJORANA 2, 31025 SANTA LUCIA DI PIAVE (TV) ITALY; or transmitted by fax to 0039 0422743921; or sent by e-mail to info@beam.it.
The conditions in this document may be modified by BEAM without notice and shall be valid from the date of their publication on the website www.beam.it
Specific approval of the restrictive clauses, under the terms of arts. 1341 and 1342 of the Italian Civil Code:
- 5. Delivery of Goods
- 6. Guarantees
- 7. Applicable Law and Competent Court
General Conditions of Sale for Consumer Customers
These General Conditions of Sale regulate the contractual relationship between Customers on the www.beam.it website and BEAM S.r.l.
VAT and tax No. 00617150263, VAT code CEE IT 00617150263, Treviso Economic Administrative Index No. 131022, Treviso Companies Register No. 00617150263, Data processing No. TV007567.
Registered Office: Via Ettore Majorana 2, 31025 Santa Lucia di Piave (Treviso) ITALY Company Capital € 60,000.00 f.p.u.
hereinafter BEAM.
Definitions
The following are definitions of the terms used in these Conditions for Sale:
- WEBSITE: The website www.beam.it on which BEAM products are sold.
- CUSTOMER: A physical person who purchases PRODUCTS on the WEBSITE for purposes different from entrepreneurial, commercial, professional or institutional activities they may carry out.
- CONTRACT: A distance selling contract entered into by BEAM and the CUSTOMER.
- PRODUCTS: The BEAM products whose essential characteristics are described directly on the WEBSITE (for each product viewed the CUSTOMER will be able to access a special info sheet containing all the main information and data regarding that product) and which may be purchased by the CUSTOMER using the on-line purchasing procedure described below.
1. Acceptance of the General Conditions of Sale
The CONTRACT shall be considered concluded when the CUSTOMER accepts the offer and conditions proposed by BEAM.
The CUSTOMER who makes the purchase shall print out and/or keep a hard copy of this document, as well as the one received from BEAM under the terms of clause 2 below (showing the data for the customer and the order, the price of the PRODUCT, transport costs and any further charges, if applicable, the delivery address, indication of delivery times and information regarding the right to withdrawal).
Under the terms of art. 12 Italian Legislative Decree No. 70/2003, BEAM informs its CUSTOMERS that every order forwarded is stored in digital form on the WEBSITE hosting company’s server and on paper or in digital form on BEAM’s premises, in any case observing confidentiality and security criteria.
2. On-line Purchasing Procedure
A CUSTOMER who wishes to make a purchase must:
- Follow the instructions to enter the products required and the requested data into the special cart;
- wait to receive confirmation of product availability at the given price, which will be sent to the email address
- provided;
- check that the offer made by BEAM corresponds to the order made and then send BEAM a purchase confirmation.Payment of the price indicates acceptance of the order. BEAM reserves the right to refuse orders received, or not to fulfil confirmed orders if the products involved are no longer in stock, and undertakes to inform the CUSTOMER punctually of such a situation. If payment has already been made, BEAM shall promptly refund the amount paid, in any case no later than 14 days after the communication informing the CUSTOMER.
3. Product Prices
All PRODUCT prices are given in euros. Transport costs and any other charges, if applicable, are not included in the purchase price and are indicated and calculated separately. By filling in the purchase order, or in any case before the procedure is completed under the terms of clause 2 above, the CUSTOMER shall have the opportunity to check such costs and charges.
Please note that if the PRODUCTS are sold and delivered in Italy or within the European Union no import taxes or customs duties are due. If deliveries are made to countries outside the European Union, there may be import taxes and/or customs duties due, according to the type of product and the country of destination: we cannot therefore predict in any way whether such costs are involved and how much they will amount to. It is the CUSTOMER’s task to make enquiries to the Customs authorities of the country involved. In any case, any costs relating to import taxes and/or customs duties shall be paid exclusively by the CUSTOMER.
4. Method of Payment
Only the type of payment specified in the offer will be accepted: the following are the only valid methods:
1) Advance payment by bank transfer: payment is considered made only when the amount has been credited to BEAM’s current account. The bank transfer must make reference to the order number and name of the person to whom the invoice will be addressed. The goods will be dispatched only after the amount has been credited to the receiving bank. It may take between 1 to 5 days for the money to be transferred.
2) Payment by Pay Pal: Pay Pal is used to pay by credit/prepaid card or through a rechargeable Pay Pal account.BEAM will never acquire credit card data, which are transmitted via a protected connection directly to the bank involved. BEAM declines any liability deriving from the illegitimate or fraudulent use of credit cards by third parties.
Concluding the contract implies an obligation on the part of the CUSTOMER to pay the price for the selected PRODUCTS, therefore when the purchase procedure has been completed and the contract with BEAM has been concluded, as per clauses 1 and 2 above, the price must be paid.
5. Goods
BEAM will have the goods delivered by a trustworthy international courier to the address given by the CUSTOMER on the order.
When the goods are delivered the CUSTOMER shall check:
1. That the number of parcels corresponds to that on the delivery note;
2. That the parcels are sealed and whole and have not been tampered with or the packing damaged.
CUSTOMERS shall forfeit the right to complain if they fail to notify the courier immediately of any of the above-mentioned situations, before signing to accept the goods.
Any problems regarding the integrity, completeness or correspondence to the order of the PRODUCTS shall be communicated electronically to info@beam.it within 8 (eight) days of the delivery date.
If the goods are not collected by the CUSTOMER and therefore returned to sender, the order will be null and void and the CUSTOMER will be charged transport costs, to be deducted from the sum paid.
6. Right to Withdrawal
In compliance with Directive 2011/83/UE concerning consumer rights, CUSTOMERS purchasing PRODUCTS sold in the European Union have the right to withdraw from the contract by requesting a refund of the amount paid in advance, with no penalties and no questions asked.
Exercising the Right to Withdrawal
The withdrawal period is established as 14 (fourteen) days from the moment the CUSTOMER acquires physical possession of the PRODUCTS purchased on-line.
To exercise the right to withdrawal CUSTOMERS shall inform BEAM of their decision to withdraw from the contract by explicitly declaring so in an e-mail addressed to info@beam.it.
BEAM shall promptly confirm receipt of the CUSTOMER’s withdrawal communication by e-mail.
Effects of withdrawal – PRODUCT return
The customer shall return the products to BEAM without undue delay and in any case within 14 (fourteen) days of communicating withdrawal from the contract. The condition is fulfilled if the products are returned before the 14 (fourteen) days expire.
Please note that the direct cost of returning products shall be charged exclusively to the CUSTOMER.
Effects of withdrawal - Refund
In the event of withdrawal from the contract the CUSTOMER shall be refunded the purchase price of the PRODUCTS returned without undue delay and in any case no later than 14 (fourteen) days from the moment BEAM was informed of the CUSTOMER’s decision to withdraw from the contract.
Such refund shall be made by transfer to the bank indicated by the CUSTOMER when communicating the decision to withdraw, as per above; in any case the customer shall not be charged any expenses arising from making the refund.
Please note that the refund may be suspended by BEAM until the returned products are received.
The right to a full refund of the price paid is subject to the PRODUCTS being returned whole (unused and undamaged by the CUSTOMER) and in their original packing (ID labels are an integral part of the products and must still be attached to them).
In any case, the CUSTOMER is liable for any reduction in the PRODUCTS’ value due to handling for any other reason than to establish their nature, characteristics and operation. In this respect, please note that in order to establish the nature, characteristics and operation of the PRODUCTS, CUSTOMERS must handle and inspect them with due diligence and in the same way they would be allowed in a shop.
Exclusion from right to withdrawal
Certain PRODUCTS may be excluded from the right to withdrawal, e.g. products customised at the CUSTOMER’s request.
When such right is expressly excluded and therefore the CUSTOMER cannot withdraw from the contractual commitments concerning on-line purchases or require a refund of the amount paid, the CUSTOMER shall be clearly advised in the information regarding the main PRODUCT characteristics.
7.Guarantees
BEAM guarantees that its PRODUCTS conform to EU technical standards for the trade; if legislation in the country involved could affect the contents of the contract and/or PRODUCT conformity to such legislation, the CUSTOMER shall provide BEAM with such information before concluding the contract.
BEAM shall respond to any non-conformity within 24 (twenty four) months of the delivery date of the PRODUCT found to be non-conforming.
How to use the guarantee
The customer shall promptly inform BEAM of any PRODUCT non-conformity no later than 2 (two) months from its discovery, by sending a written report to info@beam.it. In the communication the CUSTOMER shall also indicate the name and telephone number of the contact person if clarification is required; attach a copy of the purchase document (invoice) if the PRODUCT is still covered by the guarantee; specify the address to which the repaired product or replacement component must be sent.
In the event of non-conformity BEAM will repair the PRODUCT or replace faulty components free of charge. The CUSTOMER shall follow the instructions given by BEAM regarding use of the PRODUCTS or the simple procedure to adopt for requesting free consultancy about replacing faulty components, by sending an e-mail to info@beam.it.
If repairs or replacement are objectively not possible or too costly, or if BEAM has not proceeded within a reasonable time, or a previous replacement or repair has caused the CUSTOMER considerable inconvenience, the latter may demand either that the price be reduced appropriately or the contract be terminated. In such case the CUSTOMER shall forward a request to BEAM within 7 (seven) working days of receipt of the goods, to which BEAM will reply expressing its consent or explaining the reasons why it cannot agree.
If BEAM accepts the customer’s request, the same communication shall indicate the entity of the proposed price reduction or the method for returning the faulty product. In these cases the customer shall indicate the method to be used to credit the amounts previously paid. Please note that in the event of guarantees applying to CUSTOMERS outside the EU, transport costs are not included in the guarantee provided by BEAM.
Excluded from the guarantee
The guarantee does not cover:
- parts subjected to normal wear and tear;
- any maintenance or routine checks;
- damage caused by carelessness, negligence, use or installation without following the instructions given, tampering or unauthorised modifications;
- breakdowns due to external causes.
8. Applicable Law and Competent Court
These conditions of sale are regulated by Italian law.
Any other controversy deriving from the contract between BEAM and its CUSTOMERS shall be settled exclusively by the Court of Treviso, subject to the provisions regarding purchasers within the EU, for whom the court in the customer’s area is competent.
9. Communications and Complaints
Written communications to BEAM and any complaints will be considered valid only if sent to BEAM SRL, VIA ETTORE MAJORANA 2, 31025 SANTA LUCIA DI PIAVE (TV) ITALY; or transmitted by fax to 0039 0422743921; or sent by e-mail to info@beam.it.
Back to Contents
The conditions in this document may be modified by BEAM without notice and shall be valid from the date of their publication on the website www.beam.it
