Terms of service

Welcome to the online store of BAC Milano srl

Please read these Terms and Conditions carefully, because the relationship between BAC Milano srl and users is governed by the Terms and Conditions of Sale, which are deemed to have been read and accepted by users. Users are invited not to use the website if they do not intend to accept the Terms and Conditions of Sale. Any guidelines, rules and commercial policies that may be published or sent to the user in connection with the use of a service or the purchase of a product shall be considered an integral part of the Terms and Conditions of Sale and help regulate the relationship between BAC Milano srl and each user with reference to the use of our website.

BAC Milano srl undertakes to update and amend the Terms and Conditions of Sale by publishing an updated version whenever required by law. Your use of the website after the publication of changes will constitute acceptance of such changes.

1. IDENTITY OF THE SELLING COMPANY
The owner and operator of the website is BAC Milano srl, Via Donizzetti, 38, Milan - Italy. To contact BAC Milano srl by email, please use the following email address: info@bacmilano.com.

The products available on the website are sold by BAC Milano srl, with registered office at Via Donizzetti, 38, Milan - Italy. VAT and Tax Code 12883610961. Email: info@bacmilano.com.

2. ACCURACY OF CONTENT
BAC Milano srl undertakes to ensure that the published information is accurate and kept up to date. However, it is not possible to guarantee the complete absence of minor errors on the website. The information and documents published may contain typographical errors. Product weights, dimensions and volumes are indicative.

BAC Milano srl reserves the right to modify, at its sole discretion, the contents of the website and the legal notes at any time, without prior notice and without publishing and/or sending any information in this regard.

Access to the website and its use may be interrupted, in whole or in part; the website and the server that makes it available may, not due to our fault, contain viruses or other harmful elements. In any case, BAC Milano srl shall not be and cannot be held liable for any damage of any kind caused, directly or indirectly, by access to the website, the inability to access it, and its use.

3. PRICES
The sale price of our products is the one published on the website at the time the user submits the purchase order. This price is confirmed in the email acknowledging receipt of the purchase order (see article 4.4 below).

All prices are in euros and include VAT.

Shipping costs are borne by BAC Milano srl within Italy for purchases over €150; a financial contribution will be required for shipments to foreign countries; the cost is in any case subject to the rates applied by carriers for the different geographical areas.

4. ONLINE PURCHASES: ORDER SUBMISSION
Purchases on the website may only be made by adults (over 18 years of age).

Acceptance of each purchase order is subject to the actual availability of the relevant product.

The products offered on the website may in fact be unavailable or available in limited quantities.

The purchase procedure consists of the following steps:

add the desired products to your cart;
select the shipping method, enter the address where you wish to receive the product(s) and view the relevant costs;
enter the information required for invoicing;
you will be asked to read carefully and accept the Terms and Conditions;
select one of the payment methods indicated on the website;
carefully check, before validating the order, the selection made, the total price including shipping costs, and every other aspect of the contract;
pay the total cost of the selected product(s) and submit the order.

Once the purchase procedure has been completed, a confirmation of receipt of the order submitted by the user is immediately sent. This confirmation is sent by email to the email address provided by the user and contains all the data relating to the order (identification number, user information, product details, total price, payment method, delivery costs and times).

Within forty-eight hours of receipt of the purchase order, BAC Milano srl will notify by email the acceptance of the order and the shipment of the purchased product, indicating delivery times.

5. PAYMENT
The accepted payment methods are indicated on the website www.bacmilano.com.

Payments must be made in euros. BAC Milano srl retains ownership of the goods sold until receipt of payment for the goods and shipping costs, as well as any late-payment interest and/or indemnities.

6. ACCEPTANCE OF THE PURCHASE ORDER AND FORMATION OF THE SALES CONTRACT
The sales contract is concluded upon acceptance of the purchase order by BAC Milano srl, pursuant to article 4.5. BAC Milano srl reserves the right to reject an order, in whole or in part, in the following cases:

if the product is not available;
if the payment details provided are inaccurate or not verifiable;
if the security system flags an order as unusual or potentially fraudulent;
if there is reason to believe that the person placing the order is under 18 years of age;
if there is reason to believe that the person placing the order is a reseller;
if it is not possible to deliver to the address provided;
in case of force majeure.

7. SHIPPING RESTRICTIONS – PLACE OF DELIVERY
Shipments are made from Monday to Friday, excluding public holidays.

8. DELIVERY
BAC Milano srl undertakes, as far as possible, to have the products delivered within the deadlines indicated in the relevant order acceptances. Such deadlines are indicative and BAC Milano srl assumes no responsibility for their compliance. In any case, if it is not possible to meet such deadlines, BAC Milano srl will inform the user within 30 days of receipt of the relevant order. Any incorrect address provided is the user’s responsibility and may result in additional costs, which will be charged to the user.

All goods will be shipped by BAC Milano srl; if the product is not delivered within the indicated timeframes, please contact BAC Milano srl at info@bacmilano.com, specifying your customer number or the order number. If the product is not received within 30 days from the date of acceptance of the relevant order, the user may withdraw from the contract, obtain cancellation of the order and a full refund of the price paid.

Shipments are made only by courier. A signature is always required upon delivery. The user may allow delivery to be signed for by a person other than the user, provided that such person is present at the address provided and is over 18 years of age. If no one is present at the time of delivery, the user will be asked to contact the appointed courier.

It is in any case possible to select the in-store pickup option to collect the product(s) at our premises at Via Palmieri 25 in Milan, at the Cicli Drali store.

9. DEFECTIVE PRODUCTS OR INCORRECT SHIPMENTS
Upon delivery of the goods, the user must check that the packaging is not damaged and, if the product is damaged or not compliant with the order submitted, must refuse the shipment, clearly noting on the delivery note the nature of the damage and/or the error.

The user must report the issue to BAC Milano srl by sending an email to info@bacmilano.com.

10. RIGHT OF WITHDRAWAL
The Consumer has the right to withdraw from the contract without any penalty and without stating the reason, within 14 (fourteen) days from delivery of the product(s) to the consumer or to a third party designated by the consumer. In the case of multiple goods ordered with one single order and delivered separately, the period to exercise the right of withdrawal shall start on the day on which the consumer, or a third party designated by the consumer, acquires physical possession of the last good. The right of withdrawal is excluded for personalized items.

The substantial integrity of the product(s) to be returned is an essential condition for exercising the right of withdrawal. More specifically, the consumer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods pursuant to article 57, paragraph 2, of the Consumer Code.

To exercise the right of withdrawal, the Consumer must strictly comply with the following procedure:

Send a written notice to BAC Milano srl using one of the following methods:
(A) email to returns@bacmilano.com; (B) via the return form indicated at the following link.

The notice must contain an explicit statement of the decision to withdraw from the sales contract, indicating the identification number of the relevant order. For this purpose, the dedicated form duly completed may be used, or the online procedure may be followed. To meet the withdrawal deadline, it is sufficient to send the notice before the expiration of the aforementioned 14 (fourteen) days.

Within 48 (forty-eight) hours from receipt of the notice regarding the exercise of the right of withdrawal, BAC Milano srl will provide instructions for returning the products; in particular, BAC Milano srl will send, by email, a label containing all data necessary to ensure correct shipment (User’s data, delivery address, courier identification data and the courier’s telephone number to arrange pickup at the User’s premises, etc.).
NB - For international orders the return is at the customer’s expense. For orders within the national territory the return cost is €3.90 (VAT included).

Pack the product (if possible with the original packaging, authentic labels, accessories, instructions for use and warranty sheets). Using the original packaging will prevent any damage during transport. Print the label sent by BAC Milano srl and apply it with adhesive tape to the package(s);

Ship the product within 14 (fourteen) days of receiving the return instructions (i.e., the email with the label).

BAC Milano srl will refund the purchased item(s) – NB: not the shipping costs incurred by the buyer – within 14 (fourteen) days from the date it received the notice of the intention to withdraw from the Contract, unless the goods were handed over to the carrier by the user incomplete or damaged. In that case, BAC Milano srl will immediately inform the Consumer of the defects found on the products and of the impossibility of accepting the return. If, at the time of purchase, the buyer expressly chose a delivery type different from the least expensive one, BAC Milano srl reserves the right to refund only the amount provided for the latter delivery type. The refund will be made using the same payment method used by the buyer for the initial transaction, unless the buyer has agreed otherwise. In any case, the buyer shall not bear any cost as a result of the refund.

The above withdrawal procedure applies exclusively to purchases made through the website www.bacmilano.com.

11. LIMITATION OF LIABILITY
Without prejudice to the provisions of the Consumer Code protecting consumers, BAC Milano srl assumes no liability for any damage resulting from the use of the website, from difficulties in accessing it or using its functions, content or links to other websites, except in cases of gross negligence or wilful misconduct.

Furthermore, BAC Milano srl assumes no liability with reference to:

any loss that was not foreseeable by the parties at the time the sales contract was entered into and is related to the supply of the products and related services or their use;
any loss not attributable to a breach by BAC Milano srl;
losses related to activities.

In any case, BAC Milano srl’s liability is limited and may not exceed the purchase price of the products.

12. WARRANTY
(a) Legal warranty:

Articles 128 to 135 of the Consumer Code apply to the contract. BAC Milano srl recommends always keeping a copy of the documents relating to the purchase, such as the order, invoice, delivery note, etc.

BAC Milano srl is liable to Consumers for any lack of conformity that becomes apparent within two years from delivery of the goods. The Consumer loses the right to the warranty if they do not report the lack of conformity within two months of discovery. The report must be made by registered letter with return receipt sent to BAC Milano srl. BAC Milano srl’s customer service can in any case be contacted at info@bacmilano.com. In any event, the action to enforce lack of conformity defects is time-barred after twenty-four months from delivery of the goods.

BAC Milano srl will take receipt of the defective product to verify whether the malfunction is due to a lack of conformity. In particular: (A) for defects that occur within the first six months from the date of delivery of the product, verification is always borne by BAC Milano srl, as such defects are presumed to have existed at the time of delivery; (B) after six months from delivery, only if the malfunction is not due to a lack of conformity, BAC Milano srl reserves the right to request the consumer to reimburse the cost – which will be indicated in advance – incurred for the verification.

The user may request, at their choice and at no cost, repair or replacement, unless the remedy requested is objectively impossible or excessively burdensome compared to the alternative. One of the two remedies is considered excessively burdensome if it imposes unreasonable costs on the seller compared to the other, taking into account: a) the value the goods would have if there were no lack of conformity; b) the extent of the lack of conformity; c) whether the alternative remedy can be provided without significant inconvenience to the consumer.

Repairs or replacements will be carried out within a reasonable time from the request. The user may request, at their choice, an appropriate reduction in price or termination of the contract where one of the following situations occurs: a) repair and replacement are impossible or excessively burdensome; b) BAC Milano srl does not repair or replace the goods within a reasonable time; c) the replacement or repair previously carried out has caused significant inconvenience to the consumer.

13. CONTACTS. QUESTIONS, COMPLAINTS, COMMENTS AND SERVICE CONTACTS
All communications may be sent by email to the following email address: info@bacmilano.com.

14. LIMITATION OF USE AND INTELLECTUAL PROPERTY RIGHTS
All trademarks, product names and trade names used on this website www.bacmilano.com are protected by exclusive rights. The user is not authorized to use or reproduce such trademarks, names and designations, as this may constitute an infringement of the rights of the respective owners. The design, the organization of functions, the texts, documents, videos and all other materials of the website are protected by copyright of BAC Milano srl IP or its suppliers.

The user is authorized to electronically copy and print portions of the website only to the extent necessary to place an order. The user is not authorized to make any other use of the information and materials of the website, including reproduction, modification, distribution or (re)publication for purposes other than those indicated above. Any user wishing to use materials and information from the website must obtain prior authorization from BAC Milano srl.

15. USE OF YOUR INFORMATION AND SUGGESTIONS REGARDING THE WEBSITE
BAC Milano srl reserves the right to use, at its discretion and without recognizing any remuneration or credit, any material, information, suggestion and comment that users send to it, including regarding the website or the way BAC Milano srl conducts its business. However, BAC Milano srl’s use of information by which users may be identified (such as name, address, social security number and telephone number) is subject to the Site’s Privacy Policy (see article 17 below).

16. USE OF SUGGESTIONS YOU SUBMIT TO BAC Milano srl REGARDING NEW PRODUCTS, FEATURES OR PROCESSES
BAC Milano srl has the right to retain the material submitted to it, to make copies and to keep it in its archives.

17. PRIVACY POLICY
User privacy is extremely important to BAC Milano srl; we want to ensure that you are aware of our policy in this regard and that you approve the way we may process your personal data.

Our Privacy Policy is available for consultation on our website.

18. DEFINITIONS
For the purposes of these Terms and Conditions, the terms listed below shall have the following meaning:
Terms and Conditions: these terms and conditions and any further additions and updates.

Order: the result of the ordering process.

User: a person who, by entering the address of this Site or following a link, visits the Site and uses it for informational purposes or to place an order.

Consumer: the User who accesses the Site and purchases the products sold through it for purposes unrelated to any entrepreneurial or professional activity possibly carried out by them, in accordance with Legislative Decree 6 September 2005 no. 206 (“Consumer Code”).

Website: a collection of web pages grouped together under an address.

19. APPLICABLE LAW AND COMPETENT COURT
These Terms and Conditions are governed exclusively by Italian law.

Pursuant to article 66 bis of the Consumer Code, for disputes involving a consumer, the mandatory territorial jurisdiction is the court of the consumer’s place of residence or domicile. In all other cases, the competent court for any dispute arising in relation to these General Conditions is the Court of Milan.

20. ENTIRE AGREEMENT
These Terms and Conditions replace all other terms previously applicable to the user.

If any of these Terms and Conditions is declared null, invalid or unenforceable, the other terms and conditions shall remain valid and the null and invalid provision shall remain in force within the limits of the law.

Pursuant to articles 1341 and 1342 of the Italian Civil Code, the user who does not act as a consumer declares that they have read the following clauses and specifically approve them: article 2 “Accuracy of content”; article 11 “Limitation of liability”; article 19 “Applicable law and competent court”.