GENERAL CONDITIONS OF ONLINE SALES


 

1. Subject

 

1.1. These General Conditions of Sale ( “General Conditions” hereinafter) govern the online purchase of B&T SPA – DORELAN brand product (the “Products” hereinafter) on the website www.sleepbymsc.com (the “Website” hereinafter ) by users that can be defined as consumers ( “Consumers” hereinafter ) as per Article 1.2 hereinunder.

The Website is owned by B&T SPA – DORELAN with registered office in Forlì, tax identification number, VAT registration number and registration number in the Forlì-Cesena Register of Companies No. 00903510402, Italian Register of Companies REA No. 178544 ( “Vendor” hereinafter).

                                                                               
The contracts of sale ( “Contracts of Sale” hereinafter) of the Products offered on the Website are between the Customer and “Vendor”.


The Vendor is the owner of all the intellectual property rights regarding the Products, brands, intellectual creations, drawings and industrial models presented on the Website strictly related to the Products ( “Owner” hereinafter).
The Vendor may be contacted in any of the following ways for any reason, including enquiries for information and communication relating to the purchase of the Products, including any notifications, complaints, enquiries regarding the purchase and/or delivery of the Products, or for exercising the right of withdrawal, etc.:

 

  • by email at the address: info@sleepbymsc.com
  • by telephone on the number : +39 0543 197400
  • by post at the address:   B&T SPA – DORELAN Via Due Ponti, 9 – 47122 Forlì (FC)

 

* Customer Service is provided Monday to Friday, with the exception of public holidays and other closed days notified by the Purchaser, from 09:15 to 12:30 and from 14:00 to 17:15 (Central European Time). Calls are charged in accordance with your contract with your telephone service provider.

 

1.2. For the purpose of these General Conditions of Sale, a Consumer shall be understood to be any natural person purchasing the Products offered for sale on the Website for purposes unrelated to any business, sales, craft or professional activities in which they may be engaged.

 

1.3. The Owner is in no way a party to these General Conditions or any Contracts of Sale governed by them and entered into through the Website.

 
1.4. All Product purchases made by the Customer through the Website shall be governed by the version of these General Conditions published on the Website when the Customer sends the purchase order to the Vendor. .

 

1.5 The Vendor may make any changes to the General Conditions of Sale at any time without notice. Such changes shall take effect from the moment they are published on the Website.

 

1.6. In sending the Order for the Products through the Website, the Customer simultaneously accepts that the confirmation of the information regarding the Order placed and these General Conditions of Sale will be sent by e-mail to the address they themselves provided when registering on the Website or during the purchase process.

 

2. Product characteristics and national availability

 

2.1. The Products are sold with the characteristics described on the Website and in accordance with the General Conditions published on the Website at the moment the Customer places the Order.

 

2.2. The Vendor reserves the right to change these General Conditions at any time, at their discretion but in accordance with the applicable laws and regulations, without being required to provide any notice to the users of the Website. Any changes made will be effective from the moment the changes are published on the Website and shall apply solely to sales concluded as of that date.

 

2.3. The prices, Products sold on the Website and/or the characteristics of said Products are subject to change without notice. The Customer is kindly requested to check the final sales price ( “Price” hereinafter ) before sending the Order in accordance with Article 3 hereinunder. .

 

2.4 The Products available on the Website may be purchased solely by users who ask them to be delivered in Italy. The Vendor in any case reserves the right not to accept Orders for Products that need to be delivered to remote areas, areas that are difficult to access or, at their discretion, for other logistical reasons.

 

3. Product purchase method;

 

3.1. The presentation of the Products on the Website, which is not binding for the Vendor, represents no more than an invitation to the Customer to formulate a purchase proposal and is not a binding offer to the public.

 

3.2. The Order that the Customer sends the Vendor using the Website has the status of a purchase proposal and is governed by these General Conditions, which form an integral part of the Order and which the Customer accepts in full and without reservation at the moment of placing the Order. The Customer is kindly asked to read these General Conditions carefully before proceeding to purchase the Products by sending the Order, including the information on right of withdrawal. The Customer is also asked to check for and correct any errors in the entry of their personal and delivery data.

 

3.3. The Customer's Order is accepted by the Vendor at the time that the Vendor consigns the Products that are the subject of the Order to the carrier for despatch, having checked that the full purchase Price has been paid and having sent confirmation to the Customer. Mere confirmation of receipt of the Order does not in itself in any way constitute acceptance of the Order and completion of the Contract of Sale by the Vendor.

 

3.4 The Customer's Order, the confirmation of the Order and the General Conditions applicable to the relationship between the Parties shall be stored electronically by the Vendor in their Information Technology systems and the Customer shall be entitled to request a copy by sending an email message to the vendor at the address info@sleepbymsc.com.

 

3.5. Each Contract of Sale is to be considered completed when the Customer receives the confirmation of order email from the Vendor upon receipt of the final payment for the Order.

 

3.6 The Vendor reserves the right at their discretion not to accept an Order when they consider it appropriate, and the Vendor's protracted silence for a period of 10 days from the date of the Order shall amount to refusal.

 

4. Procedure for selecting and purchasing Products

 

4.1. The Products presented on the website can be purchased by selecting the Products and adding them to the virtual shopping trolley. When the Customer has finished selecting Products, they are invited to proceed as follows to complete their purchase:

 

(i) Register on the Website, providing the data requested, or

 

(ii) Opt to purchase without registering, or

 

(iii) Log in if the Customer has already registered on the Website, or

 

(iv) Provide their data to complete the order.

 

 

If the data for the Order differ from the data provided when registering on the Website, the Customer will be asked to confirm their data and the delivery address for the Products selected, their place of residence and, optionally, a telephone number on which they can be contacted for any communications regarding their purchase.
The Customer will then be shown a summary of the Order, which they can modify, and will be asked to expressly approve these General Conditions by ticking the related checkbox on the Website. Lastly, the Customer will be asked to confirm their Order by clicking the "Buy" button, which will cause the order to be sent to the Vendor in its final form, with the effects described in Article 3.2 above. The Customer will also be asked to choose a delivery option and method of payment from those available. When the Customer opts for immediate payment (at the time of purchase) by credit card, PayPal or bank transfer, they will be required to provide the relevant data over a secure connection. The Vendor reserves the right to verify the Particulars provided by the Customer for accounting and administrative purposes. When payment is made by credit card, the Price will only be debited when the Vendor sends confirmation of the Order to the Customer.

 

5. Delivery of the Products

 

5.1. The Website shows the availability and delivery times of the Products. This information is provided solely by way of information and is not be considered binding on the Vendor.

 

5.2 The Vendor undertakes to do everything in their power to respect the delivery times shown on the Website, and in all cases to fulfil the delivery within a maximum period of 30 (thirty) days from the date payment is made by the Customer to the Vendor. If the Vendor is unable to execute the Order because the Product is even temporarily unavailable, the Vendor shall notify the Customer of this and take steps to reimburse any amounts that may already have been paid by the Customer for the Product in accordance with Article 5.3 hereinunder.

 

5.3. The Products ordered by the Customer shall be despatched in accordance with the option selected by the Customer from those available and shown on the Website when the Order is sent. The Customer undertakes to promptly and as soon as possible check that the order contains all and only the products purchased, and to promptly inform the Vendor of any defects in the Products received or of their noncompliance with respect to the order made, following the procedure set out in Article 8 of these General Conditions hereinunder, otherwise the products will be considered to have been accepted. If the packaging or wrapping of the Products ordered by the Customer is damaged upon arrival at their destination, the Customer is invited to refuse the delivery by the carrier/shipper.

 

Delivery of the products is to to "street level". ". Any delivery alternatives offered by the Vendor, such as ;delivery to floor”, are to be understood as to the front door of the Customer's home, with the service therefore not including the assembly and/or positioning of the product. Every aspect of the service is governed by the service charges and general service conditions. servizio.

 

5.5 The service offered by the Vendor specifically excludes any removal or disposal of used products. If this is required, we suggest the Customer contacts the relevant office of their local council to use the disposal services provided

 

6. Purchase price and delivery charges

 

6.1. The Price of the Products is the price shown on the Website at the time the Customer sends their order. The prices include the costs of packaging, VAT and any additional administrative charges applicable in Italy, but do not include the delivery charges, which are, however, calculated before confirmation of the Order is sent by the Vendor to the Customer, which the Customer undertakes to pay the Vendor in full.

 

6.2. The Customer undertakes to pay the Vendor the Price and delivery charges, as shown on the Order and the email confirmation of Order that the Vendor sends the Customer.


 
7. Payment

 

7.1. Payment may be made by credit card or PayPal in accordance with the conditions set out below. The Vendor may allow other methods of payment, specifying them in the Payment section of the Website.

 

7.2. When payment is made by credit card, the Customer will be transferred to a secure website and the credit card data will not be handled by the Vendor but by a secure payment gateway, fully respecting the Customer's data security and privacy.

 

7.3. When payment to the Vendor is made by bank transfer, the Customer shall use the bank details specified in the confirmation of the Order together with the related Order number.

 

7.4 When payment is made by bank transfer, the Price of the Products purchased on the website and the delivery charges shall be paid as an essential term within a maximum of 10 (ten) days of the date that confirmation of the Order was sent from the Vendor to the Customer. The Customer expressly accepts that the Vendor shall commence performance of the Contract from the moment that the price of the Product/s purchased has been credited to the Vendor's current account and that if the amount owed has not been paid within said period the contract shall be understood to have been automatically cancelled.

 

8. Vendor's legal guarantee of conformity, notification of conformity defects and guarantee operations

 

8.1. The Vendor guarantees to the Customer that the Products are free of defects or nonconformities for a period of 2 (two) years from the date of delivery of the Products to the Customer. The guarantee shall be void if the Customer uses the Products in any way other than those specified in any instructions provided with the Product or on the Website, or tampers with or tries to modify the functionality of the Product unduly, or does not respect all the provisions of these General Conditions regarding the proper delivery, keeping and handling of the Products.

 

8.2. The Customer is required to provide notification of any defects and nonconformities within and no later than 2 (two) months of their discovery, using the online guarantee claim form at www.sleepbymsc.com/it/servizio-clienti/resi, specifying the defect and/or nonconformities found and providing due documentation (at least 2 (two) photographs showing the Product at an angle which allows the defect to be seen). Failure to comply with this requirement within the specified period shall render the guarantee null and void.

 

8.3. Following receipt of the notification of nonconformity and the related documentation, the Vendor shall send an email notifying the Customer that they are handling the claim. The Vendor shall assess the defects and nonconformities notified by the Customer and decide, having completed the appropriate quality checks for verifying the effective noncompliance of the Product, whether or not to authorise the temporary return of the Product for quality control, emailing the Customer a form with the "Return Code", sent to the email address that the Customer provided during registration on the Website or when sending the Order. The authorisation to temporarily return the Products for quality control shall not in any way be understood to constitute any recognition of defects or nonconformities, the existence of which can only be ascertained following receipt of the Products by the Vendor. The Products that have received express authorisation for return shall be returned by the Customer, together with a copy of the aforementioned form with the "Return Code", within 14 (fourteen) days from the date of authorisation of temporary return for quality control to the following address: B&T SPA – DORELAN , Via Due Ponti, 9 47122, Forlì (FC), Italy.

 

8.4. In cases where the Vendor is required to reimburse the Customer for the carriage costs, the amount will, where possible, be reimbursed using the same method of payment that the Customer used when purchasing the Product, or by bank transfer. The Customer shall be responsible for providing the Vendor with their bank details when they provide notification of the Product defects or nonconformities, using the email address: info@sleepbymsc.com.

 

 

9. Right of withdrawal

 

9.1. The Customer shall have the right to withdraw from the Contract of sale entered into on the Website and governed by these General Conditions, without any penalty, within 14 (fourteen) days of:

 

(i) Delivery of the Product, or

 

(ii) In cases where more than one Product is being purchased with a single Order, the date when the last Product was delivered in cases of separate delivery.

 

9.2. To exercise the right of withdrawal, the Customer must complete the online form on the returns page, informing the Vendor of their decision within the period specified in Article 9.1 hereinabove, sending an explicit declaration using the returns form in the related section of the Website.

 

9.3. Following completion of the procedure set out in Article 9.2 hereinabove, the Customer shall receive an email confirming that the request to exercise right of withdrawal is being handled, which will be followed by a second email containing the return code, if said right is assessed as having been exercised in accordance with the law and these general conditions of sale. The Consumer shall return the Products within and no later than 14 days of receipt of the confirmation email, without undue delay, to B&T SPA – DORELAN together with the form specified in Article 9.2 hereinabove, duly filled in complete with return code, sending them to: B&T SPA – DORELAN , Via Due Ponti, 9 47122, Forlì (FC), Italy.

 

9.4. The organisation, risks and direct costs of returning the Products as per Article 9.1 shall be borne by the Customer. The Customer may, alternatively, at their explicit request, make use of the returns service offered by B&T SPA – DORELAN, the costs of which shall be borne by the Customer and are published on the Website.

 

If the Customer wants to use this service, they will need to tick the corresponding box in the returns form provided for the collection and return.

When the form has been received, B&T SPA – DORELAN or its appointed companies shall contact the Customer to agree a collection date and time.

The charges and general conditions of the Returns Service offered by B&T SPA – DORELAN are published in the returns section of the website: : www.sleepbymsc.com/it/servizio-clienti/resi

 

9.5. In the event of regular withdrawal by the Customer, all payments made by the Customer shall be repaid to them, including the delivery costs (excepting for any supplementary costs resulting from the choice of a delivery option other than the least costly standard delivery option offered), without undue delay and under all circumstances no later than 14 (fourteen) days after the date the right of withdrawal was exercised, subject to prior inspection of the returned product, which shall be completed within 3 working days of reception of the product at the warehouse specified in Article 9.3. Said repayments shall be made using the same method of payment used by the Customer for the initial transaction, unless the Customer requests repayment using a different method of payment, in which case any additional costs resulting from the chosen different method of payment shall be debited to the Customer. Repayment shall be suspended until inspection of the returned products by B&T SPA – DORELAN in the place specified in 9.3 has been completed.

 

9.6. The Customer shall be solely responsible for the loss in value of the merchandise resulting from any handling of the merchandise other than that strictly necessary to establish the nature, characteristics and functioning of the Products.

 

Note in particular that failure to comply with any of the following shall void the right of withdrawal:

  1. Do not remove absolutely any notices, plates, tags or labels. ;
  2. The Products must be returned clean, whole and complete, including any accessories. ;
  3. Do not use the Products for any purpose other than purely to try them before returning them.

 

If the Customer fails to respect the above terms regarding right of withdrawal and return, the Vendor shall be under no obligation to repay the Products' Purchase Price to the Customer. If the Customer has nevertheless returned such Products, they may ask the Vendor to send the Products purchased back to them, but with the delivery charges to be borne in full by the Customer, who shall not have any right of return.

 

10. Intellectual property rights

 

10.1. The Customer declares that they are legally cognisant that all the trademarks, names and likewise all the distinctive signs, names, images, photographs, graphics and texts on the Website or regarding the Products are and remain the exclusive property of the Owner, without access to the Website and/or purchase of the Products giving the Customer any rights regarding them.

 

10.2. The content of the Website may not be reproduced in part or full, transferred using electronic or conventional means, modified or used for any purpose without the prior written consent of the Vendor, who shall act on the instructions of the Owner.

 

11. Customer Data and Privacy

 

11.1. Certain of the Customer's personal date are requested through the Website in order to register, send an order and therefore also to enter into this contract. The Customer takes legal cognisance that the personal data they provide will be recorded and used by the Owner, in accordance with and respecting Italian law, to implement each purchase made on the Website and, having given their prior consent, for any additional activities specified in the Privacy Notice provided to the Customer through the Website during registration.

 

11.2. The Customer declares and vouches that the data provided to the Vendor during the registration and purchase process are accurate and correct.

 

11.3. The Customer may at any time update and/or amend the personal data they have provided the Vendor, accessing their account on the Website following authentication.

 

11.4. The Customer can access further information on the processing of their personal data in the Privacy Policy section and by carefully reading the General Conditions of Use.

 

12. Applicable law, attempt at settlement and court of competent jurisdiction

 

12.1. These General Conditions shall be interpreted in accordance with Italian law.

 

12.2. In the event of a dispute between the Vendor and Customer, the Vendor herewith undertakes to participate in an attempt at amicable settlement that the Customer may choose to initiate with RisolviOnline, an independent institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which makes it possible to reach a satisfactory agreement with the help of a competent neutral conciliator, in an amicable and secure manner over the Internet. For further information on RisolviOnline's rules or to request the conciliation service please go to www.risolvionline.com. Customers are also informed that the European Commission provides an alternative online extra-judicial dispute resolution platform on the website http://ec.europa.eu/odr

                                                                                                  

12.3 If an attempt at settlement as per article 12.2 above is not pursued, or the attempt is unsuccessful, the dispute shall be submitted exclusively to the Court of Forlì except in cases where this provision in not applicable due to binding laws in force in the Consumer's Country of Residence.

 

These General Conditions are as updated on 01/03/2019.