Bysimon - Terms and Conditions
GENERAL TERMS AND CONDITIONS OF CONTRACT
INFORMATION FOR THE CONSUMER AND GENERAL TERMS AND CONDITIONS OF CONTRACT FOR ITALY
1. Scope of application
The current General Terms and Conditions of Contract apply to all orders placed through bysimon.it (hereinafter referred to as the "website"). It is essential to read these General Terms carefully before ordering products from the website. By ordering our products, you accept the following conditions and declare that you are legally capable of entering into binding contracts and are at least 18 years old. Any changes to the General Terms and Conditions of Contract will only be recognized if confirmed in writing by us. The current provisions also apply following modifications made to the existing clause using the written form.
2. Parts of the sales contract
The website and the sale of items via the Internet are managed by Bysimon S.p.A, Centro Orafo il Tarì - module 125, 81025 Marcianise, Caserta, Italy. Any claims or requests made during the warranty period must be sent to the aforementioned company.
Our customer service is always reachable at the email address shop@bysimon.it.
3. Conclusion of the sales contract
All orders received through the website constitute a contractual obligation with Bysimon. We are free to accept or, by sending you a statement to that effect, refuse such offer within 14 days of order delivery. The purchase contract for the ordered goods is binding from the moment of acceptance of your order. Such acceptance will be declared by shipping the ordered goods.
You explicitly consent to our creditworthiness check, which will be conducted by consulting authorized credit protection associations, credit institutions, and information agencies. We reserve the right not to accept the order in case of negative information regarding creditworthiness. We also reserve the right to refuse orders from customers if there is reason to believe that the customer does not comply with the general conditions, participates in fraud activities or other relevant criminal activities, or if there is another important reason.
4. Availability
Products and prices are valid as displayed on the website; products are available while supplies last. We reserve the right to change the products displayed on the website at any time and without notice and to limit the number of pieces purchasable by a customer.
We assume no responsibility for lack of available stock and for products no longer available.
It is strictly forbidden to resell or distribute any Bysimon product purchased from the website.
It is important to note that after order confirmation, changes to the order or cancellation requests cannot be considered.
5. Reservation of execution in case of unavailable items
If the ordered items are not available within 30 days from the order date, we reserve the right to withdraw from the sales contract, even if the sales contract has been previously confirmed. In case of contract withdrawal, we will inform you and immediately refund the amounts received.
6. Prices and additional costs
The total order amount, including all taxes and costs for packaging and delivery, is indicated on the previous page or at the end of the purchase procedure. By confirming the order, you declare that you accept the price of the selected goods. Afterwards, it is no longer possible to change the amount due.
The sale of Bysimon products is carried out through Bysimon Spa based in Italy. Please note that for payments from abroad with a credit card, your credit card issuing institution may charge an additional foreign transaction fee (approximately 1-2%).
7. Payment conditions
The purchase price of the ordered items starts from the moment Bysimon receives the order. The order will be processed immediately upon payment. The amount is due immediately. Payment must be made by credit card, PayPal, or bank transfer on the website. The amount due cannot be disputed unless the sum is challenged by a judicial order.
In case of payment by credit card, we reserve the right to check the validity of the credit card, the availability of the charge, and the address. If the card issuing institution refuses the payment availability, we do not guarantee delays or non-delivery. If we do not receive the amount within 7 working days from the order confirmation, Bysimon reserves the right to cancel the order.
8. Delivery and retention of title
The items will be delivered to the indicated address and shipped by a postal courier chosen by us. Bysimon undertakes in a non-binding manner to deliver the items by the requested date. Please allow 2-3 additional working days for customized products. In the section dedicated to our online assistance, you can find our holidays during which orders are not processed. If you wish, we will try to deliver the goods on a specific date, but generally, we cannot guarantee this bindingly. The products will remain our property until the total amount due has been paid.
At the time of delivery, check the correctness and completeness of the shipment and refuse delivery in case of packaging that is not intact or damaged.
9. Right of withdrawal
As a consumer, You have the right to withdraw from the contract, without giving any reason, within 14 days. Customized products are excluded from the right of withdrawal.
To exercise the right of withdrawal, You must inform us (Bysimon S.p.A, Centro Orafo il Tarì - modulo 125, 81025 Marcianise, Caserta, Italy, e-mail: shop@bysimon.it) of Your decision to withdraw from this contract by an explicit statement (for example, a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for You to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
If You withdraw from this contract, all payments You have made to us will be refunded, excluding delivery costs, without undue delay and in any case no later than 14 days from the day we are informed of Your decision to withdraw from this contract. Such refunds will be made using the same payment method You used for the initial transaction, unless You have expressly agreed otherwise; in any case, You will not incur any costs as a result of such refund.
The refund may be suspended until the goods are received or until the consumer has provided proof of having sent back the goods, whichever is earlier.
You must return the goods to the address found on the website under “Customer Service – Right of Withdrawal” immediately and in any case within fourteen days from the day you informed us of your wish to withdraw from the contract. The deadline is met if you send back the goods before the 14-day period expires. Further information and assistance for returning the ordered goods and the return address in your country can be obtained on our website under the menu item "Customer Service – Right of Withdrawal."
The costs of returning the goods will be borne by you.
You are responsible for any loss in value of the goods only if this loss in value, after an assessment of the condition, properties, and function of the goods, is necessarily attributable to you.
The customer must return the products in their original condition, in the original packaging, and the products must be accompanied by the return slip.
Please note that if you pay entirely with a Gift Card, the amount paid can only be refunded in the form of a Gift Card. If a partial payment is made with a Gift Card, the amount paid by your chosen payment method will be refunded first using the same payment method. Any remaining amount will then be reloaded onto your Gift Card.
In general, vouchers and personalized products cannot be exchanged or returned.
It is currently not possible to return goods purchased from a Bysimon retailer via the website.
If you decide to return only part of an order purchased as part of a discount/offer, the refunded amount will be subject to the minimum purchase amount related to the offer, the discount value will be adjusted accordingly, and only the amount related to the returned item will be refunded. If the value of the returned items causes the remaining total to be below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount. For example, a 10% discount (with a minimum purchase amount of EUR 100) will be deducted if the product(s) cause the total order value to be less than EUR 100. In the case of a tiered pricing promotion, the lower amount will always be refunded.
10. Warranty
If the delivered items are defective, you may rescind the contract or, at your choice, if the goods are still available, request a replacement with a defect-free item. No other warranty will be granted in addition to the one just mentioned.
For after-sales services, please contact the local customer service point mentioned on our website under the “Customer Service” menu.
The warranty period is 2 years from the date of delivery.
11. Limitations of Liability
Bysimon guarantees only for damages resulting from intent or gross negligence.
The above limitations of liability shall apply to all claims for indemnification, regardless of the legal grounds, including claims arising from tort liability; they shall not apply in any case under the law on liability for defective products (LRDP), for a guaranteed property, or for injury to life or body.
The exclusion or limitation of liability for damages under the above paragraphs shall also apply to any claims for compensation against employees or authorized representatives of Bysimon.
12. Severability Clause
If any clause of these general conditions should lose effectiveness or become unenforceable, the remaining clauses shall remain unchanged.
13. Prohibition of Assignment
Rights under the contract may be assigned to third parties only with the prior written consent of Bysimon.
14. Applicable Law
Contracts concluded based on these General Terms and Conditions of Contract are governed by Italian law, and any reference to the laws of other countries is excluded. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) will not be applied. This applicable law is valid only to the extent that mandatory provisions of the legislation of the consumer's country of residence do not oppose it. Naples is the sole jurisdiction for all disputes arising from or in connection with these General Terms and Conditions of Contract. Bysimon also reserves the right to take legal action in the customer's place of residence.