GENERAL SALES CONDITIONS

IDENTIFICATION OF THE SELLER

The products listed on the website Briconow.com are marketed by Palumbo Srl (VAT number: 03917590758) with registered office in Seclì (Le), via Largo Stazione n. 12, owner of the registered trademark Briconow.com - hereinafter also referred to as "Seller".

ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

2.1 - The contract between Briconow.com and the Customer shall be deemed concluded with the order acceptance by Briconow.com, even if partial. Such acceptance shall be deemed tacit, unless otherwise communicated to the Customer. By placing an order, the Customer declares to have read all the information provided to him during the purchase process, and to fully accept the general conditions and payment conditions transcribed below.

2.2 - If the Customer is a consumer (i.e., a natural person who purchases goods for purposes that do not relate to his/her own professional activity), once the online purchase procedure has been completed, he/she shall print or save an electronic copy of the general conditions of sale, in compliance with the provisions of Articles 50 et seq. of Legislative Decree 206/05.

2.3 - Purchases of products are not intended for persons under eighteen (18) years of age (or in any case minors according to the law of their country). Users who are not of the required age cannot proceed to register and subscribe to the services on the website. If the Seller becomes aware that the User is under eighteen (18) years of age or the age of majority in his country, the Seller will immediately cancel the User's registration or subscription and stop providing the Services. 2.4 – It is excluded any Customer right to damage compensation or refund, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance of an order, even if partial.

PURCHASING METHODS

3.1 - The Customer may only purchase products listed in the electronic catalogue of the site https://www.briconow.com/ at the time the order is placed, as described in the related information sheets. The image accompanying the descriptive sheet of a product may not perfectly reproduce its characteristics but may differ in colour, size and accessory products in the picture. All supporting information is intended as mere generic information material, not referring to the real characteristics of a single product.

3.2 – To complete a purchase, the Client must

1. add the selected Products to the "Shopping Cart" by clicking on the relevant button,
2. fill out the order proposal, select the payment method,
3. accept the General Conditions;
4. transmit the order proposal to the Seller through the website.

3.3 - The transmission of the order proposal constitutes a purchase proposal for the Products selected, governed by these General Conditions and binding for the Customer, without prejudice to the right of withdrawal. The transmission of the order proposal by the Customer entails the latter's obligation to pay the price of the Products ordered.

3.4 - Before submitting the order proposal, the Customer has the possibility to make corrections/changes to the data entered by following the appropriate procedure indicated on the website (e.g., the Customer has the right to change the quantity of the Products he/she intends to purchase by adding or removing one or more Products from the "Shopping Cart").

3.5 - Correct receipt of the order is confirmed by Briconow.com via e-mail sent to the e-mail address provided by the Customer. This confirmation message will contain the date and time of execution of the order as well as the Order Number, to refer to in any communication with Briconow.com. The message will contain all the data entered by the Customer who agrees to verify the correctness and communicate any corrections to the customer service.

3.6 - The order proposal and the Customer's data shall be stored by the Seller for the period of time provided for by the regulations in force, as described in the Privacy Policy.

3.7 - In case of non-acceptance of the order, Briconow.com guarantees timely communication to the Customer. In this case, no amount will be due by the Customer to the Seller.

PAYMENT METHODS

4.1 - Bank transfer paid in advance: by choosing this method the order will be processed only after the Customer payment has been received by Briconow.com. The data to perform the transfer are displayed on the website and are communicated in the order confirmation page and in the order confirmation e-mail sent to the Customer. The reason for payment shall include the order number and the name and surname of the holder. The lack of such data in the bank transfer reason for payment may delay the execution of the order.

4.2 - PayPal or Credit Card: in case of purchase of goods with PayPal, at the conclusion of the online transaction PayPal will immediately charge the amount of the purchase.

4.3 - The purchased products will be shipped to the address provided by the Customer. Therefore, the Customer releases the Seller from any responsibility regarding the delivery address provided.

DELIVERY METHODS AND COSTS

5.1 - Briconow.com can accept orders only with delivery within the Italian territory, San Marino and Vatican City. However, delivery to Livigno and Campione d'Italia is excluded.

5.2 - For each order placed on the site https://www.briconow.com/, Briconow.com will issue an invoice accompanying the despatched goods. The invoice will be filled in using the information provided by the Customer at the time of the order. After the invoice has been issued, it will not be possible to change it.

5.3 - Delivery costs, if any, are due by the Customer and are clearly stated when the order is placed. The Customer is not due any additional cost other than the total amount of the order. However, in the event of repeated impossibility of delivery to the address indicated by the Customer when placing the order, the courier shall charge and collect the related storage costs upon delivery of the goods.

5.4 - No responsibility can be attributed to Briconow.com in case of delay in processing the order or delivery of goods.

5.5 – The goods will be delivered by the walkway. Upon delivery of the goods by the courier, the Customer is required to check: - that the number of packages delivered corresponds to the number indicated on the accompanying invoice; - that the packaging is intact, not damaged, not wet or in any case altered, including the sealing materials (adhesive tape or metal strapping). Any damage to the packaging and/or the product or partial delivery must be immediately notified. The delivery can be accepted writing “Subject to inspection” (Specifying the reason for the inspection, e.g., "punctured packaging", "crushed packaging", etc.) on the courier's delivery note. Once the courier's document has been signed, the Customer may not raise any objection regarding the external characteristics of the goods delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery, according to the procedures provided for in this document.

5.6 - In the event of failure to collect within 5 working days of the material in storage at the warehouses of the courier due to repeated inability to deliver to the address specified by the customer, the order will be returned to Briconow.com. Briconow.com will charge the customer the costs of shipping, return, storage and any further necessary charge in case of non-delivery.

6.1 Pursuant to Articles 64 et seq. of Legislative Decree 206/05, if the customer is a consumer (i.e. a natural person purchasing without VAT number), he/she is entitled to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without any penalty within 14 days from the date on which he/she materially takes possession of the Products.

6.2 In order to exercise such right, the customer, within 10 working days from the date of receipt of the Products, shall send a communication by registered letter with return receipt to the following address Palumbo Srl, Largo Stazione 12,73050 Seclì (Le) highlighting the Customer's intention to exercise the right of withdrawal; such communication shall contain: - indication of the Products for which the customer wishes to exercise the right of withdrawal; - order number and, if the Customer has paid for the Products by bank transfer, the Customer's IBAN code on which the refund is to be made. The return shipping address will be communicated by our customer care. An operator of Briconow.com will agree with the Customer an appointment for the collection of the goods by a courier appointed by Briconow.com. The customer will not pay any additional cost for the return of the product, except for the shipping costs related to the return of the goods (unless otherwise provided for in the specific product sheet). Briconow.com will proceed within 14 days from the return of the goods, to refund the amount after verifying the integrity of the goods and retaining only the shipping cost for delivery and return (unless otherwise provided in the specific product sheet). The credit shall be issued following the same payment terms. In the event of a cash-on-delivery purchase, the sums shall be credited back by bank transfer. For the purposes of the 30-day period, the goods shall be deemed to be returned at the time they are handed over to the carrier. The goods must be returned intact, complete with all parts and in their original packaging (envelopes and packages), kept and used according to normal diligence, without any signs of wear or dirt. Withdrawal shall not be permitted in cases where the products have been assembled, used and/or show signs of silicone.

6.3 The right of withdrawal is subject to the following conditions:

• the right applies to the purchased product in its entirety;
• it is not possible to exercise the right of withdrawal for a single part of the purchased product (accessories, software attachments);
• the purchased goods must be intact and returned in the original packaging in all their parts (including packaging and any documentation or accessory equipment: manuals, cables);
• to limit damages to the original package, we recommend you to put it in a second box, on which to apply the label provided by Briconow.com, containing the RMA number (Return Merchandise Authorization); the application of labels or adhesive tapes directly on the original product packaging should be avoided;
• until the certificate of receipt is in our warehouse, the shipment is under the full responsibility of the customer;
• in case of damage to the goods during transport for a shipment organised by the customer, Briconow.com will notify the customer (within 5 working days of receipt of the goods in their stores), to enable him to file a timely complaint against the carrier of his choice and claim for a refund of the value of the goods (if insured). In this case, the product will be made available to the customer for its return, thus cancelling the request for withdrawal.
• Briconow.com is not responsible in any way for damage or theft / loss of goods returned by shipments booked by the customer;
• upon arrival at the warehouse, the product will be examined to assess any damage or alteration not related to transport. If the packaging and / or the original packaging are damaged, Briconow.com will deduct a percentagefrom the refund , which won't be higher than the 20% of the total amount, as a contribution for the restoration costs.

6.4 The right of withdrawal lapses completely for lack of the integrity of the goods (packaging and / or its parts), in cases where Briconow.com finds:

• the careless use of the goods that has compromised its integrity and its use;
• the lack of the outer packaging and / or the original inner packaging;
• the absence of integral elements of the product (accessories, cables, manuals, parts);
• product damage not related to transport. In case of loss of the right of withdrawal, the goods will remain at the headquarters of Briconow.com available to the customer for collection at his/her expense.

WARRANTIES

All products sold by Briconow.com are covered by the conventional warranty of the manufacturer and by the warranty of 24 months for defects of conformity, pursuant to Legislative Decree no. 206/05. To benefit from the warranty service, the Customer must keep the invoice.

7.1 - The 24-month warranty pursuant to Legislative Decree 206/05 applies to products that present a conformity defect, provided that the product itself is used correctly, in compliance with its intended use and with what is set out in the attached technical documentation. This warranty is reserved for private consumers (natural persons who purchase the goods for purposes not related to their professional activity, or make the purchase without indicating a VAT number on the order form). In case of lack of conformity, Briconow.com provides, at no cost to the Customer, the restoration of conformity of the product through full replacement, until the termination of the contract.

7.2 - In the event that, for whatever reason, Briconow.com is unable to return to its customer a product under warranty (restored or replaced), Briconow.com may proceed at its own discretion to refund the amount taking into account the use of the property or at its replacement with a product of equal or superior characteristics.

7.3 - The timing of total or partial replacement of the product depends exclusively on the manufacturer's policies and no responsibility can be attributed to Briconow.com for any delays in repairs or replacements.

7.4 - Where the application of the warranty implies the return of the product, the goods must be returned by the customer in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc..); to limit damage to the original package, we recommend to put it in a second box; the attachment of labels or tape directly on the original packaging of the product should be avoided. The Customer shall be provided with an authorisation number for the return of the product (RMA) which must be indicated on the outside of the packaging, following the instructions provided directly in the respective authorisation e-mail.

7.5 - Any claim relating to the purchase of products must be brought to the Seller's attention by email to the following address: [email protected]

7.6 - The clauses contained in this contract are considered accepted by the Customer at the time of the purchase of the products. The aforementioned clauses do not give the Customer the right to leave a negative feedback. Any negative feedback shall entitle the Seller to take legal action to protect its interests.

COMPETENT COURT

8.1 - Applicable law: The sale agreement between the Customer and Palumbo S.r.l. is understood to be concluded in Italy and governed by Italian Law. For the solution of civil and criminal disputes deriving from the conclusion of this distance selling agreement, if the Customer is a consumer, the territorial jurisdiction shall be represented by the court appointed by his town of residence; in all other cases, the territorial jurisdiction shall be exclusively represented by the Court of Lecce.

PRIVACY

9.1 - The personal data requested when placing the order are collected and processed in order to meet the expressed requirements of the customer. Briconow.com guarantees its Customers the respect of the legislation on the processing of personal data, governed by the Privacy Code referred to in Legislative Decree no. 196 of 30.06.2003 and subsequent amendments and additions and in accordance with the dictates of EU Regulation 679/2016 (GDPR). Before uploading or providing personal data on the website, please read carefully Palumbo Srl's privacy policy on the protection of personal data available here. Please note that the Data Controller is Palumbo Srl. (P.I.: 05907583917), in the person of its pro tempore legal representative and sole director, Mr. Fabio Palumbo, with registered office in Seclì (Le), via Largo Stazione n. 12.