Conditions of Use and Sale

I. General conditions of use

Please read these general terms and conditions of use carefully ("General Conditions of Use") before using the bigarchery.com service. By using the service, these General Terms and Conditions of Use between Bignami and the customer are agreed to.

1. Electronic communications

When you use the services bigarchery.com or send us e-mails, text messages (SMS) and other communications from your computer or your mobile device, you are communicating with us in electronic form. We can communicate with you in various ways, for example via email, text messages (SMS), or by posting messages and communications on the site or through other bigarchery.com services. Subject to the specific legal provisions of an imperative nature, for the purposes of this contract, you agree to receive communications from us electronically and acknowledge that all contracts, notifications, information and other communications that we provide in electronic form meet the requirement of the written form, when required by law.

2. Copyright and database rights

All contents present or made available through the bigarchery.com website in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software are owned by Bignami or its content providers and they are protected by Italian laws and international laws on copyright and database rights. The list of all contents present or made available through the bigarchery.com website is the exclusive property of Bignami and is protected by Italian law and international laws on copyright and database rights.

It is not permitted to extract and / or systematically re-use parts of the bigarchery.com website without the express written consent of Bignami. In particular, it is not permitted to use data mining, robots or similar acquisition or extraction devices to extract (one or more times) to re-use any substantial part of the bigarchery.com site, without our express written consent. You may not even create and / or publish your own database that reproduces substantial parts (eg. prices and product lists) of the bigarchery.com website without the express written consent of Bignami.

3. Trademarks

The brands and distinctive signs of Bignami may not be used in relation to products or services other than Bignami, in such a way as to generate confusion amongst customers or in any way that may denigrate or discredit bigarchery.com. All other trademarks not owned by Bignami that appear on the site bigarchery.com are the property of their respective owners, who may or may not be connected, connected to Bignami or sponsored by Bignami.

4. Account

If you use the site bigarchery.com, you are required to keep your account and password confidential and to control access to your computer and devices, and accept, to the extent permitted by applicable law, to be considered responsible for all activities that will be carried out with your account and your password. You undertake all necessary precautions to ensure that your password remains secure and confidential and you inform us immediately in case you have reason to believe that any third party is aware of your password, or in the event that your password is either, or presumably being used in an unauthorized way. You are responsible for ensuring that the information you provide us is correct and complete, and you need to immediately inform us of any changes in the information you have provided. You can access and update most of the information provided in the "My account" section of the site.

You shall not use the access to bigarchery.com: (i) in such a way as to cause, or cause, interruptions, damages or malfunctions to the site and its functionality, or (ii) for fraudulent purposes, or in any case to commit illegal activities, or (iii) to cause disturbance, prejudice or apprehension..

We reserve the right to prevent access to the bigarchery.com website, to suspend or close an account, to remove or modify the contents of the site at our discretion, in case of violation of the applicable legal provisions, of these General Conditions of Use or the applicable guidelines or policies.

5. Reviews, comments, communications

It is allowed to post reviews and comments and submit suggestions, ideas, comments, questions or other information, provided the content is not illicit (i.e. obscene, abusive, intimidating, defamatory, does not violate privacy, intellectual property rights or is not in any way offensive to Bignami and / or third parties or deplorable, and is not or does not contain viruses, political propaganda, commercial solicitation, chain of St. Anthony, mass email or any other form of spamming). You may not use a fake email address, pretend to be another person or subject, or otherwise lie about the origin of a content. We reserve the right to remove or modify this content. If you believe that a content, or a sales advertisement published on the site, contains a defamatory statement or that your intellectual property right has been violated by an article or information on the site, please contact us to make it known and we will provide promptly.

6. Violation of intellectual property rights

Bignami respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that gives rise to possible violations, please let us know.

7. Responsibility

We will do our best to ensure that access to bigarchery.com is provided without interruptions and that transmissions are made without errors. However, due to the nature of the Internet, uninterrupted access and the absence of transmission errors cannot be guaranteed. In addition, your access may also occasionally be suspended or restricted to allow for repair, maintenance, or the introduction of new activities or services. We will endeavor to limit the frequency and duration of these suspensions and limitations.

Bignami will not be liable for (i) losses that are not a consequence of our breach of these terms and conditions or (ii) any other indirect or consequential loss that was not reasonably foreseeable, either by you or by us, when you started to use our site.

We will not be liable for any delay or non-fulfillment of the obligations set forth in these general terms and conditions if the delay or default is due to accident or force majeure. This provision does not affect your rights deriving from the law and in particular your right to receive the purchased goods within a reasonable time or to be reimbursed in case of non-delivery due to circumstances deriving from fortuitous circumstances or due to force majeure. The legal provisions in force in some states may prohibit the limitations of liability now indicated. In the event that these provisions are applicable, the limitations of liability now indicated will not have effect and further rights may be recognized. None of the provisions contained here limits or excludes our liability in the event of death or personal injury caused by our negligence or caused by intent or gross negligence.

8. Disputes

The Court of Bolzano will have exclusive jurisdiction. In every case, the Italian law will apply.

9. Changes to the service or change of conditions

We reserve the right to change our services, policies and these General Terms and Conditions of Use at any time to offer new products or services or to comply with legal and regulatory provisions. It will be subject to the policies and terms of the General Conditions of Use from time to time in force when using our services. If any provision of these conditions is held to be invalid, null or for any reason unenforceable, this condition will not however affect the validity and effectiveness of the other provisions. 


II. General conditions of Sale

These general conditions of sale govern the sale of products through the bigarchery.com site, seller ("General Conditions of Sale"). 

We invite you to read carefully these General Conditions of Sale before proceeding with any purchase. By making any purchase, you fully accept these General Conditions of Sale.

1. Contract

The presentation of products and services on the site constitutes an invitation to offer.

If you wish to purchase one or more products, you can select them one by one, adding them to your cart. Once you have selected all the items you wish to purchase, you can close your shopping cart and submit the order. At this point you will see a summary page of the products you have selected, their price and delivery costs. You will be asked to choose the preferred solution for the payment method.

Once the procedure has been concluded, your order will be considered as your purchase contract proposal addressed to Bignami for the listed products, each considered individually. Upon receipt of your order, we will automatically send you a message to take charge of the order ("Order Confirmation"). The Order Confirmation does not constitute acceptance of your purchase proposal.

With the sending of the Order Confirmation, in fact, we only confirm that your order has been received, that it has been submitted to a process of verification of data and availability of the products requested by you. The contract of sale with Bignami Spa will be defined when we send you a separate email, or we will post a message in your account on the website, to accept your purchase proposal which will also contain information regarding the shipment of the product and the expected date of delivery ("Shipping Confirmation"). In the event that your order is processed via multiple shipments, you may receive separate shipping confirmations. You may cancel your order within 4 hours and in any case before you have received the Dispatch Confirmation, provided the order has not been prepared for the shipping process. In this case you will not be charged. However, the right of withdrawal is subject to the terms and conditions set forth in the following art. 2.

Accept to receive invoices electronically. These documents will be available in PDF format in the "My account" section of the site.

All orders placed on the site must correspond to the normal consumption needs. This requirement is applied both in relation to the number of products purchased with a single order, and in the case of a number of orders relating to the same product even if each order includes a quantity of products corresponding to normal consumption needs.

2. Right of withdrawal

Without prejudice to the exceptions indicated below, you have the right to withdraw from the order, without giving any reasons, within 14 days from the day on which you received, or withdrew, the product ordered. If you have appointed someone of your trust to collect them, your right of withdrawal begins on the day of delivery of the product to the designated person, other than the courier.

The exercise of the right of withdrawal must be communicated to Bignami through the form "REQUEST FOR INTERVENTION AND / OR RETURNING GOODS". 

In order to exercise the right of withdrawal, it is necessary that the relative communication be sent before the expiration of the period of 14 days, through the available instructions on the bigarchery.com website.

2.1 Effects of the exercise of the right of withdrawal

Bignami will refund all payments received in relation to the product, for which the right of withdrawal is exercised, excluding shipping costs, within 30 days from the day on which the communication relating to the exercise of withdrawal was received.

The refund will be made using the same payment method that was used to place the order, unless otherwise indicated. 

Bignami will not refund until it has received the product and has not confirmed the integrity and non tampering of the returned goods. The return of the products will in any case be carried out within 14 days from the communication of the withdrawal, the end of the 14 days is considered respected if the customer sends back the goods before the expiration of the same term.

If the assets were subjected to a decrease in the value resulting from a handling of the goods (other than that necessary to establish the nature, characteristics and functioning of the assets) Bignami will make use of the power to determine the extent to which the total repayment must be reviewed.

2.2 Exceptions to the right of withdrawal

The right of withdrawal does not apply in the case of:

- the supply of sealed goods that are not suitable for being returned for hygienic reasons or related to health protection and have been opened after delivery;

- provision of sealed audio or video recordings or sealed computer software that has been opened after delivery;

- the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the provision of such publications;

- supply of tailor-made or clearly personalized goods or objects of special order to the supplier;

- supply of goods that risk deteriorating or expiring rapidly.

3. Prices and availability

All prices are inclusive of VAT applicable in accordance with the law.

Information on the availability of the products we sell are listed on the site, as well as on the presentation page of each product. In addition to the information provided on this page or elsewhere on the site, we are not able to give more precise information about the availability of products. Please consider that the estimated delivery and delivery times of the products are purely indicative and it is not possible to rely entirely on them. Once we receive your order, we will notify you via email if some of the products ordered by you are not available.

Despite all our efforts, we cannot rule out that for a small part of the thousands of products in our catalog, a price or availability, is indicated by mistake. In any case, we will check the correctness of the prices and the availability of the products during the process of checking the order and then shipping the products. If, due to mistakes or other inconveniences, the price indicated on the website is lower than the correct price of sale of a product, we will contact you to check whether you wish to purchase the product at the correct price. Otherwise, your order cannot be accepted. If the correct price of a product is lower than indicated on the site, we will charge you only the correct lower price and we will ship the product to you.

4. Warranty

The warranty regime on products sold by bigarchery.com differs depending on whether the buyer is a "consumer" or a "professional" in accordance with Directive 1999/44 / EC concerning "certain aspects of sales contracts and guarantees relating to consumer goods ".

If you purchase as a "consumer", you benefit from the legal guarantee of conformity to which the seller is bound by law on every good sold ("Legal Warranty").

The Legal Warranty - which is held by bigarchery.com as a seller - guarantees the goods from defects of conformity compared to the contract of sale.

5. Disputes

The Court of Bolzano will have exclusive jurisdiction. In every case, the Italian law will apply.

6. Changes to the general conditions of sale

We reserve the right to modify the site, policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. When placing an order it will be subject to the policies and terms of the General Sales Conditions from time to time in force, unless any changes to these policies and these terms are required by applicable law or the competent authorities (in which case , it will also apply to orders you have previously placed). If any provision of these conditions is held to be invalid, null or for any reason unenforceable, this condition will not however affect the validity and effectiveness of the other provisions.

7. Reconciliation

For consumer disputes arising from this contract in the context of the sale of goods and services online between bigarchery.com and a Consumer, we guarantee right now our participation in the alternative dispute resolution procedure brought before the ADR body " Conciliareonline.it ":

Via Dodiciville, 2 39100 Bolzano (BZ)

tel. 0471/975597, fax 0471/979914

e-mail info@conciliareonline.it / info@onlineschlichter.it

website www.conciliareonline.it / www.onlineschlichter.it.

The complaint to Conciliareonline.it can be presented on the website www.conciliareonline.it. We inform you that the complaint can also be submitted through the European Commission ODR Platform at the link http://ec.europa.eu/odr.