Payment & Delivery
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1. Definitions
a) Shop – online shop available at http://biancoevento.com.
b) Seller – Bianco Evento GmbH, VAT-UE: DE301593786, HRB: 170089. The Controller may be contacted by post: Ullsteinstr. 73, 12109 Berlin, by e-mail:
co*****@bi***********.com
and by phone: 00 49 30 330 060 59 10.
c) Sale – direct sale at the registered office of the Seller. Sale is also conducted using means of remote communication, such as fax, e-mail and phone, as well as via the online shop referred to in point 1(a).
d) Customer – an entrepreneur, that is a natural person, a legal person or an organizational unit which conducts business or professional activity in its own name. (Art. 14(1) of BGB (Bürgerliches Gesetzbuch or German Civil Code));
e) Data – the Customer’s data, including personal data, processed to the extent necessary to properly provide services via the Shop;
f) Terms and Conditions – this document;
g) GDPR – The General Data Protection Regulation (GDPR) 2016/679 is a regulation in EU Law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). GDPR gives control to individuals over their personal data and a simple regulatory environment for international business.2. Terms and Conditions
2.1. These Terms and Conditions set forth the rules of providing Sales services referred to in Point 1(b) of these Terms and Conditions, regardless of whether such transactions are concluded online or offline. Accepting these Terms and Conditions is voluntary but necessary to use the Shop.
Our deliveries, services and offers are provided solely on the basis of these General terms. General terms and conditions also apply to all future business relations, even if they have not been explicitly agreed on again. Including the Customer’s conditions that are contradictory to ours is already contradictory.3. Profile of the Shop and services rendered
3.1. The Shop enables Customers to buy wedding clothing and accessories manufactured by the Seller.
3.2. The Seller has the right to use the help of subcontractors during the processing of orders.4. Technical requirements
4.1. You do not need to install specific software to be able to use the Shop and for the Shop’s website to be displayed correctly. All you need to do is meet minimum technical requirements for Internet use, i.e. have access to the Internet and have a browser (the latest version possible).
5. Terms of use
5.1.It is forbidden to use the Shop in a manner contrary to the provisions of these Terms and Conditions, applicable legal regulations, good practice or principles of community life.
5.2.It is forbidden to copy, reproduce or use even a part of the content of the Shop without prior written consent of the Seller.
5.3.The Customer is not entitled to make available to third parties any services in whole or in part or to imitate services rendered by the Seller to devise similar services or to any other actions which violate copyrights or other intellectual property rights.
5.4.The Customer is obliged to refrain from any actions which could hinder or destabilise the operation of the Shop or make it difficult for other Customers to use the Shop.
5.5.The Customer may not publish any unlawful content in the Shop, in particular content that is vulgar, erotic or racist, incites ethnic, cultural or religious persecution, promotes or approves of criminal activity, breaches third parties’ rights, including intellectual property rights, or in any other way violates legally protected interests.6. Registration and shopping
6.1. The Seller registers the Customer’s account in the Shop using data provided by the Customer. Upon the Customer’s consent, the Seller creates an account in the Shop. The Customer will be informed about this fact by e-mail. Instead, the Customer may himself or herself request the Seller to create an account in the Shop by sending the Seller a filled-in online form or contacting the Seller by phone or e-mail.
6.2. When the Customer declares that he or she wants to register in the Shop, the Customer will be asked to provide Data such as: name, surname, company name, company address, VAT number, phone, website, e-mail and will be asked to send by fax or e-mail a certificate confirming that he or she is a registered entrepreneur.
6.3. During registration, the Customer is obliged to provide true Data and takes full legal responsibility for it.
6.4. To create an account and place an order, the Customer must accept the Shop’s Terms and Conditions.
6.5. During registration, the Customer may agree to the processing of his or her personal data to receive newsletter and, therefore, to have commercial information sent to his or her e-mail address given during registration.
6.6. All offers of Bianco Evento online store from the website www.biancoevento.com are non-binding. Small differences and technical changes to our illustrations or descriptions are possible. Technical price errors are reserved. Therefore, there is basically no claim to receive goods at earlier or later applicable, reduced prices. As far as we exceptionally grant that kind of discounts for your current order, this is done voluntarily and without legal obligation.
6.7. Product prices are net prices. Applicable VAT rates need to be added to the prices.
6.8. The prices given in the offer at the time the order is placed are the ones that shall apply. The prices do not include package and shipping costs.
6.9. All deliveries are subject to the reservation of title. Delivered goods remain in possession of Bianco Evento GmbH until the full purchase price is paid.
6.10. Orders are delivered by UPS, DHL and FEDEX. The standard shipping price list is available when the order is being placed.
6.11. When the Customer has placed an order, he or she will get an e-mail with confirmation.
6.12. When the Customer is placing his or her first order in the Shop, he or she must make a payment in advance (pro-forma invoice).
6.13. After the first invoice has been paid in advance, all payments must be made within 30 days as of the date on which the invoice was issued, provided that outstanding orders and invoices are within the overdraft limit.
6.14. Each Customer is given an individual overdraft limit. The Customer must ask about his or her overdraft limit in writing, independently of the account manager. If the overdraft limit has been exceeded, ordered goods will not be sent until outstanding invoices are paid, unless the payment for the order is made in advance. Cash on delivery option is also available in the case of urgent orders. However, the delivery price is higher then. Orders from new Customers are executed if the payment is made in advance or if the Customer chooses cash on delivery option. On your invoice, you will find information about due dates and discounts. The invoice amount should be settled after the Customer has received the pro-forma invoice or the invoice attached to the parcel.
6.15. Seller accepts all payment options offered on the website of biancoevento.com.
6.16. If paying by direct debit, the customer may be required to bear the costs incurred as a result of a chargeback of a payment transaction due to insufficient funds or because of incorrectly transmitted data of the bank account.
6.17. If the customer fails to meet his payment obligations punctually or if it turns out that his financial circumstances are no longer sufficient for any credit granted or deferred payment, we are entitled to immediately call in all outstanding claims, demand a security deposit and cancel existing outstanding orders.
6.18. The Customer logs in the Shop by entering the e-mail address and password generated during registration. The password shall be kept secret in all circumstances and shall not be disclosed to third parties.
6.19. When the order has been placed by the Customer either online or offline, the Customer makes a binding offer. If we then send an automatic order confirmation to the Customer, it does not mean that the Customer’s offer has been accepted. The sales agreement is concluded only if Customer expressly declare that he or she accepts the purchase offer or if we send the prepared goods to the Customer without prior express consent.
It needs to be noted that the delivery of ordered goods in advance (reservation) takes place when the full purchase price and delivery price are paid.7. Deductions/Pledge
7.1. The Customer is entitled to a deduction if his or her counterclaim has been legally established or has not been denied by us.
7.2. The Customer may pursue the right of retention only if his or her counterclaim is based on the same contractual relationship.
7.3. We may pursue the right of retention of all future orders made by the Customer, even those accepted, if the Customer does not fulfil his or her financial obligations.8. Delivery, transport risk and delivery dates
8.1. Unless otherwise agreed, the delivery is made on request from our warehouse to the address given by the Customer.
8.2. We ship to almost every country but only at Customer’s cost. If the costs are not listed in the Checkout, ask your Account Manager for shipping costs to your destination. By business days we understand the days from Monday up to and including Friday, excluding public holidays.
8.3. The risk is transferred to the Customer when goods are handed over to the carrier or another third party which is supposed to deliver them. Shipping begins simultaneously with loading. The lack of acceptance on the Customer’s part means that the risk is transferred.
8.4. If the payment is to be made in advance, delivery dates depend on due payment. If there is a delay in payment, the delivery date will be changed accordingly. It needs to be noted that our bank account is credited with payments after 5 business days.
8.5. If the products are on stock in the warehouse, then orders will be shipped out within 10 business days of receiving the order. For products which are not on stock in the warehouse, the delivery time can take up to four weeks from once the order is received or for bridal dresses delivery time can be up to thirteen weeks. After shipping out, the standard delivery time in the EU is from 2 to 5 business days. Ask your Account Manager about valued delivery time to destinations outside of EU.
8.6. Due to special circumstances there may be a delay in delivery.
8.7. Bianco Evento GmbH depends also on the timely delivery of own supplies. If the delivery fails for reasons Bianco Evento GmbH is not responsible for, so Bianco Evento GmbH may withdraw from the contract. Bianco Evento GmbH is committed to inform the Customer in time. Any payments will be refunded immediately. In this case, the Customer shall not be entitled to compensation.
8.8. Partial deliveries are permitted. Partial delivery options will be presented to the purchaser in the checkout before the order is placed. Partial delivery caused higher shipping costs as there are more packages to be send.
8.9. Bianco Evento GmbH enables the Customer to purchase materials. For each order made the Seller charges EUR 15.00 (net). Delivery costs will be added to every type of order.
8.10. Bianco Evento GmbH offers the possibility of placing special orders. The appraisal of such an order is made by Account Manager. The Seller adds delivery costs to each special order.9. Account blocking
9.1. Customers are obliged to use the Shop in accordance with these Terms and Conditions, applicable legal regulations and principles of community life.
9.2. If the Customer violates these Terms and Conditions, in particular by providing false information referred to in Point 6.2, if the Customer violates any legal provisions or in another way violates legally protected interests, the Seller stipulates the right to block the Customer’s Account, block the Customer’s access to some services available in the shop and in the event of material breach – to irrecoverably delete the Customer’s account if the Customer has not brought the aforementioned violations to an end despite a prior warning. At the Seller’s discretion, blocking the Customer’s account and access to some services available in the shop may continue for a definite period of time or until it is revoked.
9.3. If the Customer’s account is deleted, it means that the Services agreement is terminated with immediate effect.10. Return and replacement policy
10.1. If items purchased from Bianco Evento GmbH are defective, they may be returned by the Customer within 14 calendar days after the goods were received, stating the reason for doing so. This period begins to run at the earliest moment when the goods are received. In order to observe this time period, you need to notify your Bianco Evento Account Manager in due time. When the Bianco Evento Account Manager has been notified, the goods will be collected by a company chosen by Bianco Evento GmbH. In the case of returns, delivery costs (the cheapest post delivery option of national post) will be credited on the Customer’s account within 10 business days as of the date on which the goods were received. Returned goods must have an appropriate stamp and must be sent to the address of the company given above. We would like to inform you in advance that if you want to return an item, you must use the return form that may be obtained from your Account Manager or other Manager from our Customer Service. Payments made by the Customer for defective items will be refunded after receipt of the returned items, by bank transfer and to an account specified by the Customer. Bianco Evento GmbH will deduct any additional accrued costs from payments made by the Customer, should the delivery option chosen by the Customer cause inappropriate postage charges for a returned product.
10.2. The cost of unreported returns will not be incurred by Bianco Evento GmbH.
10.3. Bianco Evento GmbH expressly stipulates the right to compensation for damaged goods. The goods must be returned in their original packaging (with the hanger, stickers and the proof of delivery). If it is not possible, the Customer must provide packaging which will protect the goods from damage. If goods are damaged due to insufficient packaging, the Customer is liable for it. The Customer does not have the right to report that goods are damaged if the damage results from normal wear and tear; Art. 351 and 353 of BGB (Bürgerliches Gesetzbuch or German Civil Code) shall not apply. Obvious defects (in particular damage, inaccurate delivery or a wrong number of items) or other faults shall be reported to Bianco Evento GmbH forthwith and in writing, not later than 7 calendar days after the receipt of goods. The message by email to Bianco Evento Account Manager or to
co*****@bi***********.com
is sufficient.11. The Seller’s liability
11.1. The Seller undertakes to guarantee the highest quality of services.
11.2. The Seller is liable for non-performance or undue performance of services pursuant to applicable legal regulations.
11.3. The Customer acknowledges that due to the technical configuration of equipment that the Customer uses to view the Shop’s website, some functions of the Shop may be unavailable.
11.4. The Seller stipulates the right to close or temporarily disable the Shop’s website at any time to maintain, update and improve the equipment or to expand the Shop’s offer.12. Bearing the risk
12.1. Goods are delivered at the Customer’s risk. The risk is transferred to the Customer when goods are handed over to the transport company. This also applies if the Bianco Evento Shop’s website covered the cost of transport. Complaints on transport damage (e.g. receiving damaged packaging) shall be made by the Customer directly to the transport company in due time.
13. Personal data
13.1. The controller of the users’ personal data is the Seller.
13.2. The Customer’s rights and more information on personal data protection, including the information obligation required by DSGVO (Global Data Protection Regulation (GDPR)), can be found in “Privacy Policy” tab on the Shop’s website.14. Warranty
14.1. Unless expressly agreed otherwise, the Customer’s warranty claims are based on statutory provisions related to the right of purchase (Art. 433 et seq. of BGB) with modifications described in subsequent points.
14.2. You are obliged to inspect the goods with due diligence and check their quality and number and notify us about any obvious defects promptly after goods have been received. It also applies to concealed defects which are discovered later. If the Customer fails to fulfil the obligation to check the goods and report defects, warranty claims are excluded.
14.3. If subsequent performance fails twice, the Customer may request the Seller to limit the agreement or to terminate it.
14.4. In individual cases, the delivery of used products may be arranged between us and the Customer. In this case, there is no warranty.
14.5. Damage claims from Customers, e.g. failure to perform, fault on conclusion of contract, violation of collateral obligations to the contract, consequential damages from defects, damages due to an unauthorized act and other legal reason, shall be excluded. Bianco Evento GmbH shall not be liable for the constant and continuous availability of the online shop neither for technical nor electronic mistakes.15. Complaint procedure
15.1. All comments related to the operation of our Shop may be reported by Customers by sending a complaint to the address:
of****@bi***********.com
. Customers may also send complaints related to non-performance or undue performance of services by the Seller to the same address.
15.2. A complaint should include:
a) the Customer’s data which will allow us to identify the Customer;
b) the subject of the complaint;
c) circumstances which justify the complaint;
d) the Customer’s demands.
15.3. Complaints will be processed by the Seller within 30 business days after they are received, provided that the Customer formulates the complaint in a clear and transparent manner.
15.4. If a complaint is incomplete or unclear and it is impossible to process it within business 30 days, the Seller will ask the Customer to correct the complaint within 10 business days. If the Customer does not comply with the Seller’s request, the complaint will not be processed.16. Final provisions
16.1. These Terms and Conditions are available at the Seller’s registered office and at biancoevento.com in electronic form. The Customer may capture, reproduce and record it thanks to the ICT system used by the Customer.
16.2. The Seller stipulates the right to amend these Terms and Conditions. The information about any amendments to these Terms and Conditions will be sent to the Customer by e-mail to the e-mail address provided by the Customer. Such information will also be published on the homepage of the Shop.
16.3. Amendments come into effect 7 days after the Seller made it possible for Customers to read them, pursuant to Point 11.2.
16.4. If the Customer who has an Account does not accept amendments to these Terms and Conditions, the Customer has the right to terminate the Agreement by sending a declaration to the following address
of****@bi***********.com
before the amendments to these Terms and Conditions come into effect. In this case, prior provisions of these Terms and Conditions shall apply until the Agreement expires. The Agreement expires on the day on which the amendments to these Terms and Conditions come into effect.
16.5. Agreements made via biancoevento.com can be concluded solely in German.
16.6. Provisions of German law shall apply to matters not covered by these Terms and Conditions.
16.7. Any disputes with Customers shall be settled by a common court having jurisdiction over the registered office of the Seller.