GENERAL TERMS AND CONDITIONS OF ONLINE SALE
1. Introduction and Scope of Application
1.1 These General Terms and Conditions of Sale (hereinafter, the “General Terms and Conditions”) govern the sale of products through the website www.sbm-srl.it (hereinafter, the “Website”) between SBM S.R.L. (hereinafter, the “Seller” or “SBM”) and any person or entity purchasing products through the Website (hereinafter, the “Customer”).
1.2 These General Terms and Conditions apply both to Customers qualifying as consumers pursuant to Italian Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”) and to professional Customers (businesses, companies, VAT-registered entities, etc.), it being understood that the provisions of the Consumer Code apply exclusively to Customers falling within the definition of consumer.
1.3 Placing an order through the Website constitutes full acceptance of these General Terms and Conditions.
2. Seller’s Details and Contact Information
SBM S.R.L.
Registered Office: Piazza Verdi, 1 – 20011 Corbetta (MI), Italy
Operating Headquarters: Strada/Via Passavone 1/D – 20087 Robecco sul Naviglio (MI), Italy
VAT No. / Tax Code: 05220980964
Email: commerciale@sbm-srl.it
Telephone and Fax: (+39) 02 97271824
Mobile: +39 333 505 4731
3. Products, Descriptions and Availability
3.1 The essential characteristics of the products are described in the technical data sheets available on the Website. Product images are provided for illustrative purposes only and may not perfectly represent the actual characteristics of the products.
3.2 The technical and descriptive information published on the Website is based on documentation provided by manufacturers or on technical sources considered reliable. SBM reserves the right to modify and/or update such information at any time, including without prior notice, in compliance with applicable legislation.
3.3 Product availability shown on the Website is dynamic and may change rapidly depending on the orders received. Due to the possibility of placing online orders in real time, SBM cannot guarantee allocation of the ordered goods until the Seller has issued an order confirmation.
In the event that a product is wholly or partially unavailable, the Customer will be informed and may choose between:
- replacement with a similar product, where available;
- refund of the amount paid for the unavailable product.
4. Prices, VAT, Invoicing and Customs Charges
4.1 Prices displayed on the Website are expressed in euros (€). Unless otherwise indicated, prices exclude shipping costs, which will be shown separately during the ordering process.
4.2 Customers who are VAT taxable persons (professionals and companies) will receive an electronic invoice using the information provided when placing the order (VAT number, recipient code/certified email address – PEC, etc.). The Customer is responsible for ensuring that all billing information provided is correct.
4.3 SBM reserves the right to change prices at any time. In all cases, the prices applicable shall be those displayed on the Website at the time the Customer submits the order.
4.4 For shipments to countries other than Italy – particularly countries outside the European Union or, more generally, territories where customs duties, import taxes and/or other customs clearance charges apply – any taxes, customs duties and additional costs connected with importing the products shall be borne by the Customer, unless otherwise agreed in writing.
Such amounts may be requested:
- by the logistics operator/carrier handling the shipment, either upon delivery or at a later date; and/or
- directly by SBM where, depending on the type of shipment and the applicable commercial terms (for example, duty-paid delivery services or equivalent arrangements), such charges have been paid in advance by the Seller on behalf of the Customer.
4.5 Before placing an order, the Customer is responsible for checking whether customs duties, local taxes, import restrictions or other customs requirements apply in the country of destination and, where required, for providing all information and documentation requested by the competent authorities.
Any delivery delays or additional costs arising from customs inspections, missing documentation or failure to pay customs duties and taxes shall not be attributable to SBM.
5. Conclusion of the Contract
5.1 The information provided on the Website does not constitute an offer to the public, but rather an invitation to submit an offer to purchase.
5.2 An order submitted by the Customer through the Website constitutes a binding offer to purchase.
5.3 The sales contract shall be deemed concluded when the Customer receives an order confirmation email from SBM containing a summary of the products purchased, the price, shipping costs, Customer details and delivery address.
5.4 SBM reserves the right to refuse orders:
- where the information provided is incomplete or incorrect;
- in the event of non-payment;
- where fraudulent or unauthorised use of payment methods is suspected.
6. Payment Methods
6.1 The payment methods available are indicated on the Website and may include, by way of example:
- advance bank transfer;
- credit/debit card;
- other electronic payment methods.
6.2 The order will only be processed after successful payment has been confirmed.
In the case of payment by bank transfer, the order may only be processed once the relevant amount has actually been credited to SBM’s bank account.
7. Shipping, Delivery and Transfer of Risk
7.1 Products are shipped to the address provided by the Customer when placing the order. Any delivery times indicated are approximate only and shall not be considered essential terms.
7.2 The risk of loss of or damage to the products shall pass to the Customer upon delivery to the carrier where the Customer is not a consumer, or when the Customer acting as a consumer, or a third party designated by the Customer other than the carrier, physically takes possession of the goods, in accordance with the Consumer Code.
7.3 Upon delivery, the Customer must check that the packaging is intact and that the number of packages delivered corresponds to that indicated in the transport document.
Any irregularities, including damaged or tampered packaging, must be reported in writing to the carrier by entering a “specific reservation” on the transport document and must be promptly reported to SBM.
8. Right of Withdrawal for Consumer Customers
This section applies exclusively to Customers qualifying as “consumers” under the Consumer Code. Professional/B2B Customers are therefore excluded from the right of withdrawal.
8.1 Pursuant to Articles 52 et seq. of the Consumer Code, as amended by Italian Legislative Decree No. 21 of 21 February 2014, consumers have a period of 14 (fourteen) days in which to withdraw from a distance contract without providing any reason and without incurring costs other than those provided for under Articles 56(2) and 57 of the Consumer Code.
8.2 The withdrawal period begins:
- in the case of contracts for the sale of goods, on the day on which the consumer or a third party designated by the consumer, other than the carrier, acquires physical possession of the goods;
- in the case of multiple goods ordered under a single order and delivered separately, on the day on which physical possession of the last item is acquired;
- in the case of delivery of goods consisting of multiple lots or pieces, on the day on which physical possession of the final lot or piece is acquired.
8.3 To exercise the right of withdrawal, the consumer must inform SBM S.R.L. of the decision to withdraw from the contract by means of an explicit statement, for example a letter sent by post or fax, or an email sent to:
Email: commerciale@sbm-srl.it
The consumer may use the model withdrawal form set out in Annex I, Part B of the Consumer Code, but is not required to do so.
9. Effects of Withdrawal and Return of Products
9.1 Where the right of withdrawal is validly exercised, SBM will refund the consumer all payments received, including standard delivery costs, without undue delay and in any event within 14 (fourteen) days from the date on which SBM was informed of the decision to withdraw.
SBM may withhold the refund until it has received the returned goods or until the consumer has provided evidence that the goods have been returned, whichever occurs first.
9.2 The direct costs of returning the goods, including return shipping costs, shall be borne by the consumer unless otherwise agreed in writing with SBM.
9.3 The consumer shall only be liable for any diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning, pursuant to Article 57 of the Consumer Code.
9.4 The right of withdrawal applies to the product in its entirety. Goods must be returned:
- intact, complete in all their parts and in their original packaging;
- free from signs of wear, dirt, damage or tampering;
- complete with any accessories, manuals, labels and any other items originally included in the packaging.
It is recommended that the original packaging be placed inside a second box and that labels or adhesive tape not be applied directly to the original packaging.
10. Exceptions to the Right of Withdrawal
10.1 The right of withdrawal is excluded in the circumstances provided for under Article 59 of the Consumer Code.
By way of example and without limitation, the right of withdrawal does not apply:
- to goods made to measure or clearly personalised;
- to goods which are liable to deteriorate or expire rapidly;
- to sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery;
- to goods which, after delivery, by their nature become inseparably mixed with other goods.
11. Returns Procedure and RMA Code
11.1 Before returning goods subject to withdrawal, the Customer must contact SBM at commerciale@sbm-srl.it, providing:
- order number and purchase date;
- invoice/sales document reference;
- item code(s) of the product(s) to be returned;
- bank details (IBAN) for any refund, where necessary;
- Customer contact details.
11.2 SBM will provide the Customer with a Return Merchandise Authorisation (RMA) code and instructions for returning the goods.
11.3 After receiving the RMA code, the Customer must:
- carefully package the products, preferably in their original packaging;
- clearly display the RMA code on the outside of the package;
- ship the goods to the following address, unless otherwise instructed:
SBM S.R.L. – Returns Department
Strada/Via Passavone 1/D
20087 Robecco sul Naviglio (MI) – Italy
11.4 Shipments without an RMA code or which have not been authorised may be refused by SBM.
12. Legal Guarantee of Conformity and Commercial Warranties
12.1 Consumer Customers are covered by the legal guarantee of conformity provided for under Articles 128–135 of the Consumer Code.
In the event of a lack of conformity of the goods, the consumer is entitled to have conformity restored through repair or replacement free of charge, or to receive an appropriate price reduction or termination of the contract in the circumstances provided for by law.
12.2 For non-consumer Customers (professionals/B2B), the warranties provided for under the Italian Civil Code shall apply, subject to any limitations or different warranty periods specified in the contractual documentation or product technical data sheets.
12.3 Any additional commercial warranties offered in addition to the statutory warranty will, where applicable, be specified in the documentation accompanying the product or in dedicated sections of the Website.
13. Limitation of Liability
13.1 Without prejudice to mandatory provisions of applicable law, SBM’s liability for any direct damage arising from breach of contract shall in all cases be limited to the total amount paid by the Customer for the order giving rise to the claim.
13.2 Under no circumstances shall SBM be held liable for indirect or consequential damages, loss of profits, machine downtime, loss of data or loss of production arising from the use of, or inability to use, the products purchased.
14. Processing of Personal Data
14.1 Customers’ personal data shall be processed by SBM in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Italian legislation concerning the protection of personal data.
14.2 For further information regarding the processing of personal data, Customers are invited to consult the Privacy Policy available in the relevant section of the Website.
15. Governing Law and Jurisdiction
15.1 These General Terms and Conditions are governed by Italian law.
15.2 In disputes involving consumer Customers, the courts of the consumer’s place of residence or elected domicile shall have exclusive jurisdiction, pursuant to Article 66-bis of the Consumer Code.
15.3 In disputes involving non-consumer Customers (professionals/B2B), the Court of Milan, Italy, shall have exclusive jurisdiction.
16. Amendments to the General Terms and Conditions
16.1 SBM reserves the right to amend these General Terms and Conditions at any time.
16.2 Any amendments shall take effect from the date on which they are published on the Website and shall apply only to contracts entered into after such publication.
