If the Client is a consumer (that is to say, an individual who has purchased goods for reasons unconnected to commercial or professional activities) the contractual obligations which come into force when a client enters into agreement with Bplus by means of the web site according to the Italian law dated September 6th 2005 no. 206 (consumer's code). Bplus is also bound by obligations laid out in the law dated 9th April 2004 No. 70 (Application of the Directive 2000/31/CE relative to aspects of services offered by information technology companies in home territories, with particular reference to e-commerce).
The contract which binds Bplus and its client must consider itself concluded from the moment that the order, placed by the client – in accordance to the purchasing procedure indicated on the web site – arrives at the address indicated on the site. The order sent by the client will be considered binding for Bplus only if the complete procedure has been carried out in the correct manner, without any error messages from the site.
In sending the order to Bplus, the client declares to have read and accepted all the indications given to him during the purchase procedure and to accept all the general sales conditions (obligatory flag before carrying out the order).
How to purchase.
The customer can only purchase the article “The Illustrated History if the Beatles”, released in Italy by Stefano Cipriani and in the case of the item being sold out, the transaction will be cancelled and the sum reimbursed through PayPal.
To check the order has been received, see order status in the users area which the user himself signs up for by confirming registration by means of an e-mail.
Payment is carried out by PayPal® and is regulated by the limits which are indicated each time by the purchase order procedure that the client must fill in when he places the order. This payment system requires that client opens a PayPal® account and acceptance of the rules which regulate the service. Bplus can only accept payments from clients registered on the Italian PayPal® site. The total amount of the order will be debited to the client's Paypal® account after the order has been confirmed by Bplus. The product will be shipped after the the sum owing has been paid to Bplus's PayPal® account according to the procedure foreseen by PayPal®.
Delivery costs and modalities.
For every order placed on the web site, Bplus will issue a commercial invoice for the goods shipped, sending it by e-mail or by standard post, made out to the name which appears on the order, according to Italian laws 14 D.P.R. 445/2000 and DL 52/2004. For the issuing of the invoice, the information given by the client at the moment of order will be used. No variation of data in the invoice can be made, once the invoice has been issued.
The cost of shipment is the clients' responsibility, in the manner indicated by the confirmation of receipt of order. Apart from the limit of thirty days from the receipt of order, the delivery times for the goods should be considered approximate. The courier will not notify the client by telephone. If the client is not home when the courier delivers the goods, re-delivery will be attempted or the client will be contacted in order to agree upon redelivery within 24 hours. If redelivery is unsuccessful, Bplus will attempt to contact the client in order to resolve the issue. If this attempt should also fail, then the order will be considered cancelled due to the impossibility of delivering the goods. Bplus will notify the client by e-mail of a cancelled order. The sum already paid will be reimbursed, less the amount spent in attempted deliveries.
If Bplus should be unable to deliver the goods due to unforeseen circumstances, even only temporary, they will notify the client immediately by e-mail. The amount paid by the client will be reimbursed at the earliest and within thirty days from the receipt of the purchase order.
If the goods ordered from Bplus need to be delivered overseas, the client should be aware that they may be liable for taxes and duties, depending on the national laws of the country to which the goods are being sent. Any extra cost incurred will be the responsibility of the client. Bplus has no control over such costs and cannot be held liable for calculating them beforehand. The customs regulations vary greatly from nation to nation and it is the client's responsibility to contact the relative customs office to request further details. Customer privacy is of great importance to Bplus, however, the client must be aware that deliveries made abroad can be subjected to inspection and packages can be opened by the local authorities. For further information, the client is advised to read customs information carefully.
The right to cancellation.
According to Italian law 64 D. Lgs. n. 206/2005, if the client is a consumer, he has the right to cancel the contact for any reason, without having to give further explanations and without being liable for penalties, except that which is indicated in article 12.
In order to cancel the contract, the client must send Bplus notification within ten working days from receipt of the product. The notification should be sent by registered delivery to: Bplus s.r.l. - Strada Teverina Km 3.6 01100 Viterbo. On receipt of notification of cancellation of the contract, Bplus Customer Services will notify the client by e-mail of the address to which the goods should be sent, The client must send the goods carefully packaged in their original packaging, taking acre to avoid damaging it with sticky labels, etc., and ensuring that all items received have been included in the package, sending it to the address given by Bplus. The cost of delivery must be covered by the client. The goods should be sent by courier service within ten working days from the notification to the client by e-mail of the address to which the goods should be sent. The delivery, until notified by Bplus that the goods have been received, is under the responsibility of the client. On receiving the goods, Bplus will inspect them and reimburse the amount paid by the client, less transport costs. Reimbursement will be carried out according to the regulations of PayPal® .
Law and jurisdiction.
The sales contract between the client and Bplus comes under the jurisdiction of Italian law, with exception of conflict of laws provisions. For civil disputes regarding sales contracts between the client and Bplus undersigned through the web site, if the client is a consumer the place of jurisdiction is the place of residency of the client, wherever he may reside in Italy. In all other cases, the place of jurisdiction is Viterbo.
