GENERAL TERMS AND CONDITIONS OF SALE

Introduction This information is provided for the website "www.be-bplace.it" (hereinafter referred to as the "Site"), owned by BE PLACE S.A.S. di Andrea Savelli, with registered office at Via San Rocco, No. 26/A, 53040, Rapolano Terme (SI), registered with the Chamber of Commerce of Siena, VAT number 01556500526 (hereinafter referred to as the "Seller"). The user who accesses the Site to make purchases may be: a consumer, meaning a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may eventually carry out (hereinafter "Consumer Client" or "Consumer"), or a professional, meaning a natural or legal person acting in the course of their entrepreneurial, commercial, artisanal, or professional activity (hereinafter "Professional Client"). Unless it is necessary to distinguish them within these General Terms and Conditions of Sale, users will be referred to as the "Client" or "Clients."

The Client is required, before placing an order, to carefully read these General Terms and Conditions, which are made available on the Site.

Article 1. Scope of Application 

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree September 6, 2005, No. 206 (Consumer Code) and Legislative Decree April 9, 2003, No. 70, containing provisions on electronic commerce, and subsequent amendments. 

1.2 These General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, excluding Saturdays, Sundays, and national holidays. 

1.3 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. The Client is therefore invited to regularly access the Site and consult the most updated version of the General Terms and Conditions of Sale before making any purchase. 

1.4 The applicable General Terms and Conditions of Sale are those in force on the date of sending the purchase order. 

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller who may be present on the Site through links, banners, or other hypertext links. Before entering into commercial transactions with such parties, it is necessary to verify their sales conditions. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not perform any control and/or monitoring on websites accessible through such links. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of the law by them. 

1.6 The user is required to carefully read these General Terms and Conditions of Sale, as well as all other information provided by the Seller on the Site. 

1.7 The submission of the purchase order constitutes acceptance of these General Terms and Conditions of Sale.

Article 2. Purchases on the Site 

2.1. Purchase on the Site:

• may take place after registering on the Site.
• is allowed for both Consumer Clients and Professional Clients. 

2.2. In the case of orders, from any source, that are abnormal in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to stop irregularities. 

2.3. The Seller reserves the right to refuse or cancel orders originating from:

• a user with whom the Seller has an ongoing legal dispute.
• a user who has previously violated the General Terms and Conditions of Sale.
• a user who has been involved in crimes.
• a user who has provided false, incomplete, or inaccurate identification data or who has not promptly sent the Seller the requested documents or has sent invalid documents. 

2.4. Before purchasing any food product offered for sale on the Site, the buyer is requested to inform the Seller if the Client suffers from any type of allergy, intolerance, or food sensitivity. If the buyer does not make this communication, the Seller is in no way responsible for any damage that the Client may have suffered from the purchase of food products on the Site.

Article 3. Site Registration 

3.1. To register on the Site, the user must fill out the appropriate form, entering the following data:

• Email
• Password 

3.2. The user undertakes to immediately inform the Seller in case of suspected or known unauthorized use or disclosure of access credentials to the Site. 

3.3. The user registered on the Site guarantees that the personal information provided by them is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation, and/or penalty arising from and/or in any way connected to the user's violation of the rules on Site registration or the storage of registration credentials and/or the provision of false, incomplete, or otherwise inaccurate personal data, without prejudice to the Seller's right to disable the user's account.

Article 4. Information Leading to the Conclusion of the Contract 

4.1. In accordance with Legislative Decree April 9, 2003, No. 70, containing provisions on electronic commerce, the Seller informs you that:

• To conclude a purchase contract on the Site, the Client must fill out an electronic order form and transmit it to the Seller electronically, following the instructions that will appear on the Site from time to time.
• The contract is concluded when the order form reaches the Seller's server.
• Once the order form is received, the Seller will send you, to the email address indicated, the order confirmation containing:
  • Information regarding the characteristics of the purchase.
  • Indication of the price.
  •  

Article 5. Product Availability 

5.1. The Products offered on the Site are in limited quantities. Therefore, it may happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the transmission of the purchase order. 

5.2. Information regarding the availability of each Product is provided on the Site. 

5.3. The Client will be informed in case of unavailability of the ordered Product. In this case, the Client is entitled to terminate the purchase contract. 

5.4. Alternatively, the Client may accept:

• If replenishment is possible, an extension of the delivery terms offered by the Seller, indicating the new delivery date.
• If replenishment is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon the express acceptance of the user. 

5.5. If a refund is requested for the amount paid for the purchase of Products that have turned out to be unavailable, the Seller will refund the amount within a maximum period of 15 days. 

5.6. In the event the Client exercises the right of termination, the contract is terminated; in case the payment of the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due), has already occurred, the Seller will refund the Total Amount Due as provided in the "Payment Methods" article below.

Article 6. Information Sheet 

6.1. Each product is accompanied by an informative page illustrating its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of computer systems or computers used for their display. The images of the Product presented in the Information Sheet may also differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with usage tolerances.

Article 7. Prices 

7.1. All prices of Products published on the Site are inclusive of Value Added Tax. 

7.2. The Seller reserves the right to change the prices of Products at any time without notice, provided that the price charged to the Customer will be the one indicated on the Site at the time of placing the order, and any subsequent changes (increase or decrease) will not be taken into account after its transmission. 

7.3. Shipping costs, if applicable, are expressly and separately indicated in the order form before the user proceeds with its transmission.

Article 8. Purchase Orders 

8.1. The Seller will ship the Products only after receiving confirmation of authorization for payment or the credited Total Amount Due. The ownership of the Products will be transferred to the Customer at the time of shipment, understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to the Customer when they or a third party designated by them, different from the carrier, physically takes possession of the Products. The Service chosen by the Customer will be provided only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after the submission of the purchase order, it is found that the Customer has not paid the Total Amount Due in whole or in part. 

8.2. The purchase contract is conditionally terminated by the non-payment of the Total Amount Due. Unless otherwise agreed in writing with the Customer, the order will be consequently canceled. 

8.3. To place a purchase order, it is necessary to read and approve these General Sales Conditions by selecting the appropriate box on the purchase process pages. Failure to accept these General Sales Conditions makes it impossible to make purchases on the Site.

Article 9. Payment Methods 

9.1. The following payment methods are allowed on the Site:

• Payment card
• Bank transfer. 

9.2. The Seller accepts credit cards from the following circuits:

• VISA
• MasterCard (Maestro)
• American Express 

Debit will be made only after (i) verifying the payment card data used for payment and (ii) the payment card issuer used by the Customer has authorized the debit. Reserved payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the Seller's servers. The Seller therefore never has access to and does not store, even if the Customer chooses to store this data on the Site, the payment card data used to pay for the Products. The debit will be made at the time of order transmission. 

9.3. If the Customer chooses bank transfer as the payment method, the Seller, upon receiving the order, will communicate the bank details and the deadline for making the transfer via email. The email may request sending the receipt of the transfer made or confirmation of its completion by email. In the case of payment by bank transfer, the Product delivery times indicated on the Product Sheet and/or on the Site will start from the date of receipt of the transfer by the Seller and not from the date of order transmission, as is the case when the Customer chooses other payment methods. Unless otherwise agreed, services will be provided only after receiving the Total Amount Due by bank transfer. The Customer is requested to indicate the following data in the transfer reason:

• Order reference number
• Order placement date
• Name and surname of the order holder, if different from the account holder from which the transfer originates. From the order submission, the Customer must arrange the payment within 2 working days. In default, the Seller reserves the right to cancel the order in the following 5 working days.

Article 10. Product Shipment 

10.1 Deliveries of purchased Products are made throughout the entire Italian territory without any reservation, while for foreign countries, an express agreement (and subsequent determination of shipping costs) between the Seller and the Customer is required. The obligation of delivery is fulfilled by transferring the physical availability or control of the Product to the Customer. 

10.2. Shipping costs are indicated from time to time on the Site and/or on the Product Sheet. 

10.3. From the order dispatch date, the Products will be delivered within 30 (thirty) days and, in any case, within thirty (30) days from the date of the conclusion of the contract. 

10.4. It is the Customer's responsibility to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when the Customer, or a third party designated by them and different from the carrier, physically takes possession of the Product, the Seller recommends that the Customer verify the number of Products received and that the packaging is intact, not damaged, wet, or otherwise altered, even in the closure materials. In the Customer's interest, they are invited to note any anomalies on the carrier's transport document and accept the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains in force.

Article 11. Right of Withdrawal 

11.1. The Right of Withdrawal allows the Consumer Customer, as defined in the Consumer Code, to withdraw, within 14 (fourteen) working days from the delivery of the products, from any distance purchase and receive a full refund of the amount paid for the purchase without any penalty, except for non-refundable shipping costs. 

11.2. In the case of purchases on the Site, unless otherwise indicated, the Consumer Customer does NOT have the right of withdrawal provided for in Article 52 of the Consumer Code with reference to food products that are liable to deteriorate or expire rapidly and/or sealed products that are not suitable to be returned for reasons of hygiene or related to health protection. 

11.3. It is also recalled that, pursuant to Article 47, paragraph 2, of the Consumer Code, the provisions relating, among other things, to the right of withdrawal do NOT apply to contracts negotiated outside business premises under which the consideration that the Consumer must pay is less than 50 euros (so-called low-value contracts). However, the exclusion does not apply in the case of multiple contracts concluded simultaneously between the same parties, where the total consideration that the Consumer must pay, regardless of the amount of the individual contracts, exceeds the amount of 50 euros. 

11.4. In the event that the purchased product does not fall within the cases referred to in points 11.2. and 11.3., the Consumer can exercise the right of withdrawal within 14 (fourteen) days by sending a communication by registered mail with return receipt or by PEC to the Seller's contacts, expressly referring to the order number and the intention to proceed with the return. Legal entities do not benefit from the right of withdrawal. The right of withdrawal lapses completely if the returned product is not intact or if it lacks the original packaging or its integral elements or is damaged for reasons other than transportation. Once the integrity check is positively completed, the Seller will proceed with the refund of the amount paid, excluding shipping costs, within 14 (fourteen) days.

Article 12. Legal Warranty 

In accordance with current regulations, the warranty regime for products sold by the Seller varies depending on whether the buyer is a Consumer Customer or a Professional Customer: in the first case, the legal warranty of conformity ("Legal Warranty") under the Consumer Code applies; in the second case, the warranty for defects in the sold item regulated by the Civil Code applies. 

12.1. Professional Customer. The product purchased by the Professional Customer is covered by the warranty for defects in the sold item under articles 1490 and following of the Civil Code. The Professional Customer's action to assert this warranty is subject to a 1-year prescription period from the delivery of the purchased product, and any defects must be reported within the terms set out in Article 1495 of the Civil Code. 

12.2. Consumer Customer. The product purchased by the Consumer Customer is covered by the Legal Warranty for consumer products as regulated by articles 128 and following of the Consumer Code and, for what is not expressly provided therein, by articles 1490 and following of the Civil Code on the sales contract. 

12.2.1. The Legal Warranty applies and operates at the Seller's expense in the event that the product has defects of conformity, provided that such defects occur within 24 months from the date of delivery of the products to the Customer. 

12.2.2. The Consumer Customer's action to assert this warranty is subject to a 26-month prescription period from the delivery of the purchased product. 

12.2.3. To be in conformity with the sales contract, the product must possess the following:

• Subjective requirements: 

a) Correspond to the contractual description, type, quantity, and quality and possess the functionality, compatibility, interoperability, and other characteristics as provided by the sales contract; 

b) Be suitable for any particular use intended by the Consumer, which has been communicated to the seller at the latest at the time of the conclusion of the sales contract and accepted by the seller; 

c) Be supplied with all accessories, instructions, including those related to installation, provided by the sales contract; and 

d) Be supplied with updates as provided by the sales contract.

• Objective requirements: 

a) Be suitable for the purposes for which products of the same type are normally used; 

b) Possess the qualities and correspond to the description of a sample or model that the seller has made available to the Consumer before the conclusion of the contract; 

c) Be delivered together with accessories, including packaging, installation instructions, or other instructions, which the Consumer can reasonably expect to receive; and 

d) Be of the quantity and possess the qualities and other characteristics, also in terms of durability, functionality, compatibility, and safety, ordinarily present in products of the same type that the Consumer can reasonably expect, taking into account the nature of the products and the public statements made by or on behalf of the seller, or by other persons in the context of the previous stages of the commercial transaction chain, including the manufacturer, particularly in advertising or labeling. 

12.2.4. Any lack of conformity resulting from the incorrect installation of the product is considered a lack of conformity of the product if: 

a) The installation is provided for by the sales contract and has been carried out by the seller or under his responsibility; or 

b) The installation, to be carried out at the expense of the Consumer, has been carried out by the Consumer, and the incorrect installation is due to deficiencies in the installation instructions provided by the seller or, for products with digital elements, provided by the seller or the provider of the digital content or digital service. 

12.2.5. Remedies available to the Consumer Customer: 

In accordance with articles 135 bis, ter, and quater of the Consumer Code, in the presence of a lack of conformity, the Customer has the right to: 

• Repair or replacement of the product: a) Without expenses; b) Within a reasonable period from the moment the seller was informed by the Consumer of the lack of conformity; c) Without significant inconvenience to the Consumer, taking into account the nature of the product and the purpose for which the Consumer wanted the product. If it is necessary to remedy the lack of conformity by repairing or replacing the products, the Consumer must make them available to the seller. The seller takes back the replaced products at his own expense. If the repair requires the removal of the installed product, the obligation to repair or replace the product includes the removal of the non-conforming product and the installation of the replacement or repaired product, or the obligation to bear the costs of removal or installation. The Consumer is not required to pay for the normal use of the replaced product in the period before replacement. Price reduction and resolution of the sales contract: The Consumer does not have the right to terminate the sales contract if the lack of conformity is only minor. 
• Price reduction or termination of the contract can be obtained: a) If the seller has not carried out the repair or replacement, or has not carried out the repair or replacement, if possible, under Article 135-ter, paragraphs 1, 2, and 3, or has refused to make the products conform under paragraph 3; b) If a lack of conformity arises, despite the seller's attempt to restore the conformity of the product; c) If the lack of conformity is so serious as to justify an immediate price reduction or termination of the sales contract; d) If the seller has declared or it is clearly evident from the circumstances that he will not restore the conformity of the product within a reasonable period or without significant inconvenience to the Consumer. The price reduction is proportional to the decrease in the value of the product received by the Consumer compared to the value it would have had if it had been in conformity. The Consumer exercises the right to terminate the sales contract by a declaration sent directly to the seller containing the expression of the will to terminate the sales contract; If the lack of conformity concerns only some of the products delivered and there is a cause for terminating the sales contract, the Consumer can terminate the contract only for the non-conforming products and those purchased together with the non-conforming products, if it is not reasonably foreseeable that the Consumer has an interest in keeping the products not affected by defects in their availability (e.g., connected and/or accessory products). If the Consumer terminates the entire sales contract or only for some of the products delivered under the sales contract: a) The Consumer returns the product to the seller, at the expense of the latter, and b) The seller reimburses the Consumer the price paid for the product upon receipt of the product or evidence provided by the Consumer regarding the fact of having returned or sent the product. 
•  

12.2.6. Cases of exclusion of the Legal Warranty 

In accordance with the regulations of the Consumer Code and the applicable Civil Code, the Legal Warranty is excluded if one of the following hypotheses occurs: 

I The product has been submitted for technical examination to unauthorized subjects by the manufacturer or Unieuro (e.g., technical assistance centers not authorized by the manufacturer); 

II The alleged lack of conformity of the product has occurred beyond the period of 24 months from the delivery of the product itself; 

III The alleged defect is due (in whole or in part) to improper or improper use/storage/maintenance or installation – by the Consumer or by subjects not authorized by the manufacturer or by Unieuro – or is due to non-compliance with the instructions provided by the manufacturer and present, for example, in the user manual of the product or other instructions provided by Unieuro together with the delivered products; 

IV At the time of the conclusion of the contract, the Consumer is aware of the defect and has expressly accepted it.

Art. 13. Applicable Law and Jurisdiction; Alternative Dispute Resolution 

13.1 Purchase contracts concluded through the Site are governed by Italian law. The application of any more favorable and non-derogable provisions provided by the law of the country where Consumers who do not have their habitual residence in Italy reside is reserved. 

13.2 It is noted that in the case of a Consumer user, for any dispute relating to the application, execution, and interpretation of this document, the competent jurisdiction is the court of the place where the Consumer resides or has elected domicile. In the case of a Professional Customer, for any dispute relating to the application, execution, and interpretation of this document, the competent court is the Court of Siena (the Seller's registered office). 

13.3 The Seller informs the user who qualifies as a Consumer that a European platform for online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the Consumer user can consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which they are involved. 

Art. 14. Contact Information for Any Communication 

For information, communications, assistance requests, or complaints, the Seller can be contacted using the following methods:

• By registered mail with acknowledgment of receipt at the address BE PLACE S.A.S. di Andrea Savelli, with registered office at Via San Rocco, No. 26/A, 53040, Rapolano Terme (SI), or
• By PEC (Certified Email) at the address be-place@pec.it The Seller will respond to complaints within 10 days of receiving them. 

Art. 15. Processing of Personal Data 

The Customer's data is processed by the Seller in accordance with the provisions of the legislation on the protection of personal data pursuant to Legislative Decree no. 196/2003 and EU Regulation no. 679/2016 (the "GDPR"), as specified in the information provided on the Site.