Terms of sale

 

1. Object

1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of products (hereinafter "Products" or the singular "Product") made through the e-commerce site www.blacklineworld.com (of hereinafter the "Site") by users qualifying as "Consumers" pursuant to article 1.2 below.

Il Sito, di titolarità della Società Black Line S.r.l.s, con sede legale in Fasano (BR), Via De Deo, 19/A, Italia, codice fiscale 02545690741, partita IVA 02545690741 e numero di iscrizione al Registro Imprese di Brindisi, R.E.A. n. BR – 154082 (di seguito “Titolare”), è gestito da Black Line S.r.l.s (di seguito “Black Line”).

1.2. Black Line deals with the sale of Products through the Site. Purchases of Products made through the Site will see Black Line as parts, as the seller (hereinafter the "Seller"), and the person who proceeds to purchase one or more Products for purposes not related to one's own business, commercial, craft or professional activity, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to below as the "Parties") ..

1.3. Any communication from the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and at the email address info@blacklineworld.com.

1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.

1.5. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a non-qualifying consumer, they will find

application of these Conditions but, notwithstanding the provisions of the same:

a) the buyer will not be granted the right of withdrawal referred to in Article 10;

b) the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;

c) the purchaser will not be granted any other protections, provided herein in favor of the Consumer, which remit or comply with mandatory provisions of the law;

d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

1.6. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent by email to the address stated by the same during registration on the Site or during the purchase process.

1.7. In order to make purchases through the Site, the Consumer must strictly have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.

1.8. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.

2. Characteristics of the Products and their availability in the various geographical areas 

2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is placed by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from from that date.

2.3. The prices, the Products for sale on the Site and / or the characteristics of the same, may be subject to

changes without notice. These variations operate only for orders not yet confirmed at the date of the variation itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.

2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the countries indicated on the Site.

3. How to purchase the Products - Completion of each individual purchase contract 

3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.

3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which are an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to memorize or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or sending the order if the Consumer is not registered on the Site. , an email confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order made, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an email to the Seller at info @ blacklineworld .com.

3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.

4. Product selection and purchase procedure 

4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After the selection of the Products, to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, by means of the appropriate check-box on the Site and finally, through the "Enter order" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by Paypal, Bank Transfer, Credit Cards, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. After sending the order in the manner described above, the Consumer will receive from the Seller, at the e-mail address declared by the Consumer to the Seller at the time of registration on the Site or of the transmission of the order if the Consumer is not registered to the Site, an Email of taking charge of the order itself containing the summary of the order made and the description of the characteristics of the Product ordered. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the subsequent order confirmation from the Seller to the Consumer referred to in the previous par. 3.3.

4.2. If during the selection procedure of the Products on the Site referred to in point 4.1 above,

the Consumer finds that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem. catosis on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an Email to the email address info@blacklineworld.com.

5. Delivery of goods and acceptance 

5.1. The Site indicates the availability of the Products and the approximate delivery times of the same; however, such information is to be considered purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery in a maximum time of 30 (thirty) days starting from the day following that in to which the Consumer sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to following par. 5.3.

3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which are an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to memorize or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

6. Prices, shipping costs, duties and taxes 

6.1. The price of the Products is that indicated on the Site at the same time as the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and

of any indirect taxes (if applicable), while they do not include shipping costs which are calculated prior to the confirmation of the order sent by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.

6.2. The Consumer must pay the total price to the Seller, as reported in the order and in the order confirmation sent by Email from the Seller to the Consumer.

6.3. If the Products must be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered . The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever to the Products ordered under these Conditions, are the sole responsibility of the Consumer.

6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous par. 6.3. and 6.4., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

7. Payments 

7.1. Payment of the price of the Products purchased through the Site must be made within the essential period of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.

7.2. Payment can be made by credit card or by Paypal, Bank Transfer, Cards

credit under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.

7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to

PayPal (Europe) S.à r.l. et Cie, SCA is a properly licensed Luxembourg credit institution) within the meaning of Article 2 of the Financial Sector Act of 5 April 1993, as amended) and is subject to the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier, whose registered office is located at L-1150 Luxembourg. Since the service is limited to electronic money and does not constitute a deposit or investment service within the meaning of the Law, PayPal customers do not take advantage of the Luxembourg deposit guarantee models provided by the Association pour la Garantie des Dépôts Luxembourg (AGDL). 

7.4.  Qualora il Consumatore selezioni, laddove disponibile, il metodo di pagamento “Amazon Pay”, il Consumatore sarà trasferito sul sito di Amazon, gestito esclusivamente da quest’ultimo, per inserire le proprie credenziali di accesso al servizio fornito da Amazon e successivamente selezionare l’indirizzo di consegna (purché ricompreso in uno degli Stati indicati sul Sito) e il mezzo di pagamento tra quelli disponibili nel proprio account Amazon. Selezionando il metodo di pagamento “Amazon Pay”, il Consumatore autorizza il Venditore a ricevere da Amazon i propri dati (indirizzo di consegna).

7.5. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via Email to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached paper format to the Products purchased, in all other cases.

8. Legal guarantee of conformity of the Seller, reporting of conformity defects and interventions under guarantee 

8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery. of the Products to the Consumer.

8.2.  A pena di decadenza dalla presente garanzia, il Consumatore ha l’onere di denunciare eventuali difetti e non conformità entro e non oltre 2 (due) mesi dalla scoperta, trasmettendo al Customer Service, a mezzo Email all’indirizzo info@blacklineworld.com, con indicazione del difetto e/o della non conformità riscontrati, nonché la relativa documentazione indicata nel modulo di reso medesimo (almeno n. 1 (una) fotografia del Prodotto, la conferma dell’ordine trasmessa dal Venditore e/o la ricevuta scale).

8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the customer service and, after having carried out the quality checks to verify the actual non-conformity of the Product,

deciderà se autorizzare la restituzione dei Prodotti fornendo al Consumatore un riscontro contenente le istruzioni per eseguire il reso, via posta elettronica all’indirizzo fornito da quest’ultimo nel corso del processo di registrazione al Sito o in fase di trasmissione dell’ordine. L’autorizzazione a restituire i Prodotti non costituirà in alcun modo riconoscimento di difetti o non conformità, la cui esistenza dovrà essere accertata successivamente alla restituzione. I Prodotti di cui il Venditore abbia autorizzato la restituzione dovranno essere resi dal Consumatore, unitamente a copia della comunicazione di autorizzazione alla restituzione, entro 30 (trenta) giorni dalla denuncia del difetto o della non conformità, al seguente indirizzo:

Black Line S.r.l.s via IV Novembre 48 36030 Zugliano (Vi)

8.4. In the event of defects or non-compliance, the Consumer will have the right to have the Product restored to conformity by replacement, or to alternative remedies in the cases expressly provided for by art. 130 of the Legislative Decree n. 206/2005. Products that show clear signs of tampering or failures caused by their improper use or by external agents not attributable to defects and / or manufacturing defects are not covered by the warranty.

If the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail to info@blacklineworld.com, the bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to return the amount due.

In any case of return of goods, the reimbursement of shipping costs in favor of the consumer is charged to the cost of shipping the return and compensated with it, unless otherwise indicated related to individual promotions.

9. Liability for damage from defective products. Liability of the Seller


9.1. The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances.

9.2. The Seller cannot be held liable to the Consumer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.

9.3. Furthermore, the Seller will not be liable for damages, losses and costs incurred by the Consumer as a result of the non-execution of the contract for reasons not attributable to him.

9.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the purchased products, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.

10. Seller's obligations for defective products, proof of damage and compensable damages 

10.1. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product with an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer has put the product into circulation, it still did not allow to consider the defective product.

10.2. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. Likewise, defects deriving from bad and / or erroneous ones are not attributable to the Seller's responsibility

use of purchased goods, from external causes (eg. bumps, falls, etc.), from carelessness and improper use

10.3. In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.

11. Right of withdrawal 

11.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, as well as the provisions of Article 10.7 below, the Consumer is entitled to withdraw from any contract concluded under these Conditions, without having to provide any reasons and without any penalty, within the term of 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately with a single order, the last product was delivered.

11.2 To exercise the right of withdrawal, the Consumer, before the expiry of the term referred to in paragraph 10.1 above, must send an explicit declaration via the contact form or to the email address info@blacklineworld.com, of his decision to withdraw.

11.3 Following the provisions of the previous point 10.2, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing, in the event that he has already received the ordered product in the meantime, the instructions to proceed with the return of the product, to be sent by and no later than the following 14 days to:

Black Line S.r.l.s via IV Novembre 48 36030 Zugliano (Vi)

11.4  Se il Consumatore ha ricevuto il prodotto, è tenuto a restituirlo all’indirizzo sopra riportato senza indebiti ritardi e, in ogni caso, entro 14 giorni dal giorno in cui hai comunicato il recesso. Il termine è rispettato se il Consumatore restituisce i beni prima della scadenza del periodo di 14 giorni. I rischi e i costi diretti della restituzione dei beni, come pure la prova di questa, saranno a carico del Consumatore.

11.5 In the event of withdrawal, the only costs payable by the Consumer for exercising the right of withdrawal are the direct costs of returning the goods, as provided for in Article 57, paragraph 1, of the Consumer Code.

Once the withdrawal request has been received, Black Line will refund the entire amount paid (excluding shipping costs) by the Consumer within fourteen days from the date on which the Consumer exercised the right of withdrawal, by crediting the account. current used at the time of purchase, or using the bank details provided by the consumer with the notice of withdrawal and in any case using the same payment method used by the consumer at the time of purchase. At the same time as the refund of the amount paid, Black Line will eliminate any benefit related to the purchase and possibly assigned to the Consumer as a result of the order placed and subsequently subject to withdrawal (eg discount coupons).

Black Line reserves the right to withhold the refund until it has received the products subject to the right of withdrawal.

If, on the other hand, the methods, conditions and terms for exercising the right of withdrawal are not respected, as specified in this article, the Consumer will not be entitled to reimbursement of the amounts already paid. In this case, the Consumer will be able to get back, at his own expense, the product in the state in which it was returned to Black Line. Otherwise, Black Line may withhold the returned products, in addition to all the sums already paid by the Consumer for the relative purchase. Shipping and transport costs are charged to the Consumer.

3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which are an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to memorize or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

characteristics and operation of the same and cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport, even from writings or labels.

11.7 Exclusions from the right of withdrawal - In accordance with the provisions of Article 59, lett. c) and d) of the Consumer Code, the Consumer cannot exercise the right of withdrawal for products made to measure or clearly personalized or which risk deteriorating or expiring rapidly. Furthermore, it cannot exercise the withdrawal in relation to sealed products that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery (Article 59 letter i) of the Consumer Code.

The products for which the right of withdrawal is exercised must be returned within fourteen days from the day on which the Consumer communicated the exercise of the right of withdrawal, substantially intact, in their original packaging, complete with accessories and any manuals, without any lack.

12. Intellectual Property Rights

12.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Black Line Srls and / or its successors in title, without the Consumer having any rights over the same from accessing the Site and / or purchasing the Products.

12.2. The contents of the Site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Black Line S.r.l.s

13. Consumer data and privacy protection 

13.1. In order to proceed with the registration, the order forwarding and then the conclusion of the contract based on these Conditions, some personal data are requested through the Site to

Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by Black Line S.r.l.s, in accordance with and in compliance with the legislation referred to in the Italian law Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Site and, subject to your consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.

13.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.

13.3. For any further information on the methods of processing the consumer's personal data, please access the Privacy Policy section and carefully read the General Conditions of Use.

14. Security 

14.1. Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot ensure that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.

15. Applicable law, conciliation attempt and competent court 

15.1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by the legislative decree of 9 April 2003. n. 70 on certain aspects concerning electronic commerce. In any case, the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.

15.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of Milan which allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and secure way on the internet. For more information on RisolviOnline regulations or to send a conciliation request, access www.risolvionline.com.

15.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated in the European ODR Platform is as follows: info@blacklineworld.com.

15.4. If the conciliation attempt referred to in paragraph 14.2 or 14.3 above is not accepted, or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.