GENERAL CONDITIONS OF ONLINE SALE
These Online Conditions apply exclusively to the remote sale via the web of products fully illustrated and described on the website www.buildsim.com (hereinafter “Product / s”).
In the event of changes in the Online Conditions, the Online Conditions published on the site at the time of sending the order proposal (hereinafter “Order Proposal”) by the purchaser of the Products (hereinafter “Customer”).
The Customer is required, before submitting the Order Proposal, to read and accept these Online Conditions. The submission of the Order Proposal implies full knowledge and express acceptance of both these Online Conditions and what is indicated in the Order Proposal.
1.1 The seller of the Products (hereinafter “Seller”) is BUILDSIM S.r.l. with registered office in Italy, in Via Codroipo n. 112 – 33100 – Udine (UD), email mailto: firstname.lastname@example.org, tax code and registration number in the Register of Companies of Udine n. UD – 296509, VAT number 02899860304.
1.2 These Online Conditions govern the purchase of products on www.buildsim.com (hereinafter the “Site”) and do not, however, regulate the sale of products or services by parties other than the Seller who are present on the Site through links, banners or other hypertext links. The Seller is not responsible for the supply of goods and services by third parties.
1.3 The Customer will be identified through the data entered by the same in the Order Proposal. It is forbidden to provide false and / or invented data: the Seller is exonerated from any responsibility in this regard.
1.4 The product offers on the Site are aimed at adult customers. By placing an order through the Site, you warrant that you are over the age of 18 and have the legal capacity to enter into binding contracts.
2. PROCEDURE FOR COMPLETING THE CONTRACT
2.1 The information referred to in these Online Conditions and the details contained on the Site do not constitute an offer to the public, but a simple invitation to formulate an Order Proposal. After sending the Order Proposal, the Customer will receive by email confirmation of receipt of the same (hereinafter “Order Proposal Receipt Confirmation”). This email will not result in acceptance of the Order Proposal, which will be considered accepted only when the Customer receives a subsequent email confirming that the Order Proposal has been accepted and that the Products are being shipped (hereinafter “Confirm Order and Shipping “).
Consequently, there will be no contract between the Customer and the Seller until the Order Proposal is explicitly accepted by the Seller by sending the Order Confirmation and Shipping.
The online purchase contract (hereinafter the “Contract”) will therefore be considered concluded only when the Customer receives the Order and Shipping Confirmation (“Contract Conclusion Date”): from now on the Order Proposal will be referred to simply as an “Order”.
2.2 Before submitting the Order Proposal, the Customer will be asked to confirm the reading and acceptance of the Online Conditions, including the clauses that determine unfavorable conditions for the Customer (for example limitations of liability, right to withdraw from the contract, exceptions to the jurisdiction of the judicial authority, etc.).
2.3 The Customer will receive by email, upon conclusion of the contract, the Order Confirmation and Shipping containing:
– a reference to these Online Conditions, already read and accepted by the Customer by sending the Order Proposal;
– the information and images of each Product and the relative price;
– the selected payment method;
– method and place of delivery and the relative shipping costs;
– a reference to the conditions for exercising the right of withdrawal;
2.4 The Seller reserves the right, before sending the Order and Shipping Confirmation, to request further information on the Order Proposal via e-mail or telephone.
2.5 The Seller may not process Order Proposals that do not give sufficient guarantees of solvency or that are incomplete or incorrect, or in the event of unavailability of the Products. In these cases, no later than 30 (thirty) working days from the day on which the Customer sent the Order Proposal, we will inform the Customer via email that the contract is not concluded and that the Order Proposal specifying the reasons. In this case, any amount already committed to the chosen payment method will be released.
2.6 The Seller undertakes to deliver the ordered Products as soon as possible (taking into account the shipping method selected by the Customer) and in any case within 60 (sixty) days from the Contract Conclusion Date. In the event of a large number of requests, the times may be extended.
2.7 The Seller reserves the right to refuse Order Proposals from a Customer with whom a dispute and / or dispute relating to a previous Order is in progress or has previously occurred. This also applies to all cases in which the Seller deems the Customer unsuitable, including, by way of example, the case of previous violations of the Online Conditions or for any other reason, especially if the Customer has been involved in fraudulent activities of any kind.
2.8 Although the Seller constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the Products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and the color resolution characteristics of your computer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of the Products shown on the Site if due to the aforementioned technical reasons, since these representations are merely illustrative.
3. SPECIAL CONDITIONS OF SALE OF CUSTOMIZED PRODUCTS
3.1 It is possible to customize some Products (hereinafter the “Personalized Products”) selected by the Seller by affixing a word, symbol, number or phrase (hereinafter “Text”) to them.
The Text can never be offensive, pornographic, defamatory, blasphemous, racist, discriminatory, nor can it ever contain threats and incitements to violence, nor contain the names or nicknames of well-known personalities nor, in general, violate the rights of third parties, in particular rights intellectual property or trademarks of third parties.
In any case, the Seller reserves the right to refuse any Text in violation of the above and, in general, any Text that transmits a message in any case deemed inappropriate by the Seller, for any reason and without any reason being due to the Customer. .
The Seller’s decision to reject the Text proposed by the Customer will result in the cancellation of the Order Proposal.
By placing an order for Custom Products, the Customer:
– declares and guarantees that the Text for which it has requested affixing on the Personalized Product does not fall into one of the prohibited cases;
– declares to assume all responsibility relating to the requested Text;
– declares to exclude the Seller and its affiliates from any cost, expense, damage and loss that may be suffered by them as a result of the use of any Text affixed to the Personalized Product;
– guarantees the Seller and its affiliates the non-exclusive, irrevocable, royalty-free right, entirely transferable to third parties, to use and reproduce the Text chosen by the Customer for Personalized Products.
3.2 In consideration of the nature of the Personalized Products and the fact that they are made specifically for the Customer, they cannot be returned, refunded or replaced, therefore the right of withdrawal is expressly excluded. Consequently, Article 7 of these Online Conditions will not be applicable to Custom Products or to products made to order.
The legal guarantees for non-compliant products provided for in the following article 8 remain fully applicable.
4. SELLING PRICES
4.1 The prices of the Products (hereinafter “Price / s”) and shipping costs (hereinafter “Shipping Costs”) are those indicated on the Site and at the time of transmission of the Order Proposal.
The Prices and Shipping Costs are to be considered inclusive of taxes, duties and any costs related to customs duties (unless otherwise specified in the Order Proposal. In the case of exercising the right of withdrawal, the Shipping Costs that have already been paid by the Customer are excluded from the refund.
4.2 Despite every effort, it is not possible to exclude that for some of the Products on the Site a different price from the actual one is indicated by mistake. It will be the Seller’s responsibility to check the correctness of the Prices before sending the Order Confirmation and Shipping. If, due to technical errors, material errors or other inconveniences, the Price indicated on the Site should be lower than the correct selling price of the Product, the Customer will be contacted to check whether he still wishes to purchase the Product at the correct price. If you do not wish to proceed with the purchase, the Order Proposal will be canceled. If the price indicated on the Site is higher than the correct selling price of the Product, the Order will be followed up by charging only the lower price.
5. TERMS OF PAYMENT
5.1 Payment can be made using one of the methods listed in the “Payment Options” section on the Site.
5.2 Major credit and prepaid cards are accepted. The Customer making the payment confirms that he is the owner of the credit card used. In the absence of these conditions, it will not be possible to proceed with the Order Proposal.
At the time of sending the Order Proposal, only the amount will be committed: the actual charge will only take place at the time of the Order Confirmation and Shipping. In the event that it is not possible to debit the amount, the Order Proposal will be automatically canceled.
It should be noted that the Seller is not able to know the information relating to the Customer’s credit card, which is managed directly by the third party who administers the payment. For this reason, the Seller will not be aware of such data, nor will it keep them.
In no case can the Seller therefore be held responsible for the fraudulent use of credit and prepaid cards by third parties.
6. SHIPPING AND DELIVERY
6.1 Each shipment contains:
– the Products ordered;
– the transport document;
– any accompanying documentation required in the country of dispatch;
– any information and marketing material.
6.2 The commercial document / purchase invoice relating to the Order will be made available in the area of the Site reserved for the Customer or, in the page containing the details of the Order, in both cases upon notification by email.
6.3 The Products will be delivered by the courier identified by the Seller. It will be possible at any time to consult the “Shipping” section on the Site for additional information on costs, times and shipping methods.
The delivery of the Products can take place in the following ways:
– delivery to the address indicated by the Customer;
6.4 Failure to receive the Products sent to the address chosen by the Customer will result in the cancellation of the Order and the refund of the entire amount paid, which will be made on the same payment method used for the purchase. Refunds for Personalized Products referred to in art. 3 and the expenses referred to in art. 7.4.
6.5 Upon receipt of the Products, it will be the Customer’s responsibility to check the integrity and the presence of damage to the packaging that are immediately evident (for example: wet box, damaged box, etc.). In case of anomalies, the Customer will be required to detect them immediately, having them noted by the courier or sales staff (in case of collection in the store) and refusing delivery. Otherwise, the Customer will lose the possibility of asserting his rights in this regard.
6.6 The Site is structured with features that allow the Customer to access the Site and place the Order.
The Customer will have the right to receive the Products at a delivery address of their choice, provided that the address is located within the country corresponding to the Site on which the Order was placed.
By way of example only: if the Customer is physically located in Country X and places the Order on the Site in Country Y, he can choose to receive the Products exclusively at an address in Country Y, then organizing, in total autonomy and at his own exclusive expense , any shipment to have the Products arrive in Country X or in another country chosen by the same.
7. RIGHT OF WITHDRAWAL
7.1 The Customer will have the right to withdraw from the contract concluded on the Site, without any penalty and without specifying the reason, returning to the Seller all or part of the Products purchased.
The Customer must communicate to the Seller, in the manner referred to in paragraph 7.2, the will to exercise the right of withdrawal within 15 days, starting from the day on which the Customer or a person in charge of the same (other than the courier) has acquired possession of the Products.
If more Products have been purchased with the same Order, the desire to withdraw may be communicated at different times, always within 15 days.
7.2 To exercise the right of withdrawal, the Customer has the following possibilities:
– The customer must access the “My Account” section of the Site after authenticating with a username and password. In the “My Orders” section you will find the list of Orders placed and a link to activate the return procedure. By clicking on the proposed link, you will access the Return Form.
– As an alternative to the above, the Customer may submit to the Seller any other explicit declaration of the will to exercise the right of withdrawal, also by completing the Withdrawal Form pursuant to Annex I, part B of Legislative Decree 206/2005 and subsequent changes, which must be sent by registered mail or by courier with acknowledgment of receipt, to the address indicated on the same. Within 14 (fourteen) days from the date on which the Customer communicated his decision to withdraw from the Contract, he must return the goods in the manner and clarifications referred to in point 7.3 below.
7.3 The right of withdrawal is subject to the following conditions:
– within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the Contract, the Customer must:
(1) send the Products duly packaged to the Seller:
a) by delivery of the Products to the courier chosen by the Customer;
b) by delivery of the Products to the courier appointed by the Seller in the country corresponding to the Site on which the Order was placed
– the Returned Products purchased with the same Order may also be returned at different times, always within the term of 14 days from the date on which the Customer communicated his decision to withdraw from the Contract;
– Products returned in exercising the right of withdrawal (hereinafter the “Returned Products”) must be returned in their entirety, excluding the possibility of returning only some parts or components thereof (even in the case of kits);
– The Returned Products must not have been used, worn, washed, soiled or damaged and must not show signs of use;
– Returned Products must be returned packaged exactly as they were shipped, complete with all accessories and labels. By way of example, it must be returned in its original box, complete with all packaging elements etc;
– in the event that the Seller offers the possibility to purchase certain Products by taking advantage of specific promotions (for example 5 × 4, 3 × 2, buy X gift you Y etc), the right of withdrawal may also be exercised with the return of only some of the Products in promotion: in this case, the price of the Returned Product actually paid and resulting from the commercial document / purchase invoice will be refunded, with the shipping costs being charged as specified in the following point.
7.4 In case of exercising the right of withdrawal, the Seller will reimburse the Customer for all payments made for the purchase of the Returned Products, except for the following expenses which, if applicable, will be borne by the Customer:
– the initial shipping costs of the Order (already initially paid by the Customer at the time of purchase). It is specified that these expenses will be reimbursed to the Customer exclusively in the event of damage to the Products due to transport, or in the event of errors in shipment by the Seller, or in the case of Products recognized as defective;
– any additional costs incurred to the order (for example: cash on delivery costs, etc.);
– the shipping costs resulting from the Customer’s possible choice to use a courier and / or a different delivery method for the return of the Products than the type of delivery provided by the Seller;
– the shipping costs resulting from the Customer’s choice to return the Products purchased in the same Order to the Seller, delivering them at different times to the courier. In this case, only the first shipment will be free (provided that the same is carried out using the methods and courier provided by the Seller). The cost and organization of any subsequent shipments to the first (regardless of the courier and the methods chosen by the Customer) will remain the responsibility of the Customer;
– in the event that the Products are located in a country other than that of the Site on which the Order was placed, they will remain the responsibility of the Customer
7.5 After having exercised the right of withdrawal by making the return request in the manner provided, the Customer will receive an email confirming that the return has been entered (hereinafter “Return Entry Confirmation”). After verification by the Seller of compliance with all the procedures required by paragraph 7 for exercising the right of withdrawal, the Customer will receive an email approving the return made (hereinafter “Return Approval”).
The Seller will refund the Customer the sums paid for the purchase of the Returned Products no later than 14 days from the day on which the Seller was informed of the decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods.
The Seller will use the same payment method used for the purchase of the Products for the re-credit.
7.6 If the right of withdrawal is exercised without complying with the procedures referred to in paragraph 7, the Customer will not be entitled to any refund. Within 10 days of sending the email with which the non-acceptance of the return and the related reasons will be communicated to the Customer, by replying to the same email, the Customer can choose to get back the Returned Products at his own expense. Otherwise, the Seller may legitimately retain the Returned Products, in addition to the sums already paid for their purchase.
The right of withdrawal does not apply in case of:
failure to affix the “authorization form” issued by the Company on the outer wrapping of the shipped package;
lack of external packaging or original internal packaging;
absence of integral elements of the product (by way of example but not limited to: accessories, cables, manuals …);
customized goods (printed, screen printed, embroidered);
goods to which wordings or symbols (logos) chosen by the Customer-consumer have been applied;
products “on request” (indicated on the Site) expressly requested by the Customer-consumer.
The F-1000S Sim Racer Simulator is a handmade product exclusively made on order, therefore it excludes the right of withdrawal.
8. LEGAL WARRANTY FOR NON-CONFORMING PRODUCTS
8.1 The Seller is responsible for any defect in the Products and for their non-compliance with the Order placed, existing at the time of delivery of the goods.
8.2 The duration of the guarantee is 2 (two) years from the time of delivery of the goods. This warranty is valid under the following conditions:
a) the defect occurs within 2 (two) years from the date of delivery of the Products;
b) the Customer submits a formal complaint to the Seller regarding the defects within a maximum of 2 (two) months from the date on which the defect was discovered, unless this is in contrast with the prevailing mandatory rules of the Customer’s country of habitual residence;
c) the Customer presents the commercial document / purchase invoice.
8.3 In the event that the lack of conformity of the Products purchased has been ascertained by the Seller, the Customer will have the right to obtain without additional costs:
– the replacement of non-compliant Products with others of an equivalent amount (option only possible at one of the points of sale in the chain) or, alternatively,
– the refund of the amount paid for the purchase of the Products. The return will be made, at the choice of the Customer, through the same means used by the Customer for the initial purchase.
8.4 All costs of returning products recognized as defective will be borne by the Seller.
For any information request, please contact the following addresses:
Buildsim Customer Service
11. APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION
11.1 These Online Conditions are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the Online Conditions are subject exclusively to Italian law (without prejudice to any other prevailing imperative rule of the country of habitual residence of the Customer) and any disputes relating to and / or consequent to them must be resolved exclusively. by the Italian judicial authority, as better specified below. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the Customer according to the applicable law or, at the Customer’s choice in the event of an action taken by the same, by the Court of Udine. If the Customer acts instead in the exercise of his business, commercial, craft or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Udine.
11.2 Online platform for alternative dispute resolution (ODR).
Given that the Seller is always available to seek an amicable solution to disputes that have arisen, through the contacts indicated in the preceding points, we inform you that, according to Article 14 of EU Regulation no. 524/2013 and the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, an online platform has been established by the European Commission for the resolution of ODR disputes (“online dispute resolution”) deriving from the purchase of goods online, accessible at the following link: https: // webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, it is possible to consult the list of ODR bodies, find the link of each of them and start a procedure of online dispute resolution.
11.3 The right of the Customer to apply to the ordinary judge competent for the dispute deriving from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where appropriate assumptions, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II – bis of the Consumer Code (i.e. Legislative Decree No. 206/2005).
12. MODIFICATION AND UPDATE
These Offline Conditions may be modified at any time. The Customer will be asked to accept only the Online Conditions in force at the time of purchase. The new versions of the Online Conditions will be effective from the date of publication of the same on the Site and in relation to Orders submitted after that date. It will be possible to check any previous versions of the Online Conditions in the appropriate section of the Site.
Last update: April 2021