Terms and Conditions of Use

General Conditions of Sale , in force from 01/10/2024.

PREMISE

This information is provided for the site https://www.batius.com/ (Site).

Seller's details: Cenerentola di d'Aniello Francesco & C. Sas, Via Vincenzo Orazio Crispo, 11 81100 Caserta (CE), VAT number: 01560080614, Chamber of Commerce, Industry, Crafts and Agriculture of Caserta, REA CE number - 111409, Share capital 10,329.14 (Seller).

Art. 1 Scope of application

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 If the Site allows it, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to art. 3, paragraph I, letter a) of the Consumer Code (Legislative Decree 6 September 2005, no. 206). Please remember that the status of Consumer is defined as a natural person who acts for purposes other than any entrepreneurial, commercial, professional or artisanal activity they may carry out. If, however, you are given the option of entering your VAT number (yours or that of a legal person), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, letter c) of the Consumer Code. The status of Professional is defined as a natural or legal person who acts in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.

1.3 The terms indicated are to be understood as working days, excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colours may differ from the actual ones due to the settings of the computer systems or computers used by you to view them.

1.4 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.5 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via such links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.

1.7 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.

1.8 The Seller shall in no event be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained in the Site is accurate, complete and up to date.

1.9 Unless otherwise agreed with the Seller, orders cannot be placed via email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.10 All elements of the Site are the property of the Seller or third parties. Except with the specific written consent of the Seller, it is forbidden to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Site.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site, it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

2.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you have entered on the Site.

2.3 You guarantee that the personal information provided is complete and truthful and undertake to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way connected to the violation of this commitment. You undertake to inform the Seller immediately in the event that you suspect or become aware of any improper use or improper disclosure of the login credentials to the Site.

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.

2.5 To place orders on the Site, you must read and approve these General Conditions of Sale by selecting the appropriate box on the pages of the purchase procedure. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

2.6 The Seller is the sole counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the entity to which the user addresses his/her order, in order to accept the offer and conclude the sales contract; (ii) the entity that assumes towards the user the pre-contractual obligations deriving from the offer; (iii) the entity that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.

2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own commercial banner. Therefore, when the Seller's banner or the first person plural ("We") is used on the Site and/or in communications with customers relating to the Site, the reference is to be understood not only to the Site but also to the Seller.

2.8 The Seller does not provide any guarantee that the Site is constantly functional and operational. In fact, updates to the CMS platform may occur that could imply a temporary suspension of the service. The Seller does not assume any type of responsibility with reference to any type of prejudice or damage that the user may suffer from this circumstance.

2.9 After purchasing, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.

2.10 The colours of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the colour of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the colour of one or more Products on the Site.

Art. 3 Product Availability

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

3.2 Information on the availability of the Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may appear available for a short period of time, but may be out of stock or not immediately available and it may be necessary to wait for it to be restocked.

3.3 You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract. In any case, please consider that before requesting termination of the contract, the Seller reserves the right to implement these measures:

• If restocking is possible, an extension of the delivery times, offered by the Seller, with indication of the new delivery time.

3.4 If a refund is requested for the amount paid for the purchase of Products which subsequently prove unavailable, the Seller will make the refund within a maximum of 2 days.

3.5 In the event that you exercise the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Payment Methods” below .

Art. 4 Prices

4.1 Prices on the Site include VAT.

4.2 Furthermore, the prices on the Site do not include the WEEE contribution as the Products sold are not subject to the relevant regulations.

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.

4.4 The shipping costs of the Products are at your expense, unless otherwise stated.

4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, meaning the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.

4.6 The purchase contract is subject to termination upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled as a result.

4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct price to the customer even after the conclusion of the purchase order. In this scenario, the customer has the right to accept the new price or to dissolve the purchase contract. The Seller may also cancel the purchase contract of the Product in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

Art. 5 Payment methods

5.1 This article describes the payment methods available on the Site. The user can read more information by accessing the section dedicated to "Payments" on the Site. The user can access this section directly from the footer of the Site.

5.2 On the Site you can purchase using payment cards. The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the company issuing the payment card you use has issued authorization for the charge. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he/she may be asked to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to complete the purchase on the Site. The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. The payment cards accepted can be viewed in the footer of the Site and/or as part of the purchase process.

• Visa.
• MasterCard.
• American Express.
• Google Pay.
• UnionPay.
• Apple Pay.

5.3 It is not possible to pay by bank transfer on the Site.

5.4 It is not possible to purchase on the Site by cash on delivery, unless otherwise agreed with the Seller.

5.5 On the Site, you can complete your purchase by entering discount codes, coupons or vouchers. If the value of the discount code is less than the value of the order, the remaining amount can be completed using the payment methods provided on the Site. Each discount code can be used for one purchase only. In no case can discount vouchers be converted into cash.

5.6 Any alternative methods other than those indicated above are or will be described in this article.

• On the Site, you can also make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected to that account.
• On the Site, you can also make purchases using Klarna's installment payment solution. The first payment is charged when the order is shipped and/or when the purchase contract is concluded, while subsequent payments are charged every 30 days from the first charge, unless otherwise indicated on the Site or by the payment service provider (Klarna). If you choose Klarna as your payment method, you will be redirected to the site www.klarna.com where you will follow the procedure provided for and regulated by Klarna and the terms and conditions of the contract agreed between you and Klarna. The data entered on the Klarna site will be processed directly by the same and will not be transmitted or shared with the Seller.

5.7 In accordance with Legislative Decree No. 26 of 7 March 2023, the prices published on the Site have not been personalized on the basis of automated decisions. The prices displayed on the Site are therefore not influenced by the previous behavior of the consumer.

5.8 In the event of a price reduction, for technical reasons the Site is not able to indicate the lowest price applied to the generality of consumers in the 30 days preceding the application of the price reduction. For more information regarding the price change policies, you are invited to contact the Seller at the references indicated in the Introduction.

5.9 If, for any reason, the Seller should proceed with any type of refund in your favor for the purchase of one or more Products, the Seller will proceed with the refund on the same payment method used by the user. Any delays in the refund may depend on the banking institution, the type of credit card or the payment solution used.

Art. 6 Delivery of Products

6.1 The delivery of the Products is expected in: Europe. The user can read more information by accessing the section dedicated to "Shipping" on the Site. The user can access this section directly from the footer of the Site. In the event of inconsistency between what is indicated in this document and what is described in the section dedicated to Shipping, the latter section will prevail.

6.2 The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.

6.3 Delivery time of the Products from the sending of the order: 3 days.

6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

6.5 With reference to the possibility of requesting delivery of the Products to a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product from a "collection point" other than the address communicated by you during the purchase process. You are however invited to regularly access the Site to verify whether this delivery option is subsequently made available on the Site.

6.6 You have the option of choosing Store Collection as your delivery method. If you choose Store Collection, you may collect the purchased Product at the point of sale (“Store”) selected by you from those indicated on the Site as available for collection. As soon as the Product is ready for collection, you will be informed to this effect by the Seller. The Product may be collected by you during the opening hours and days of the Store. To collect the Product, you or your delegate must provide the Store staff with suitable documentation certifying the purchase.

Art. 7 Right of withdrawal

7.1 The user is invited to carefully read this article, which regulates the right of withdrawal.

7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full. {exclusion-withdrawal}

7.3 If you are a Consumer (and in the event that no exceptions to this effect provided for in this article apply), you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to bear costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

• in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
• in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
• in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

7.4 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contact details indicated in the Introduction, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period.

7.5 Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In the event of exercising the right of withdrawal, the Product must be delivered to the Seller's headquarters, or to a different address communicated by the Seller.

7.6 If the withdrawal is applicable, the Seller will proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the latter's expense, the Seller may suspend the refund until receipt of the Products or until the Consumer has demonstrated that he has returned the Products, if earlier.

7.7 The Consumer is solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

7.8 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will communicate this circumstance and the resulting decreased refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product. In the event that the right of withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund.

7.9 This article regulates a very important area relating to return costs in the event of withdrawal. In light of the above, the Seller deems it appropriate to highlight to You that the costs of returning the Product will be at Your expense and under Your responsibility.

The Products must be returned to the address indicated in the "Seller's Data" section in the Introduction or to the address communicated from time to time by the Seller.

7.10 Without prejudice to the right of withdrawal, where applicable, and the rights provided for by the legal guarantee of conformity, the customer can always request the replacement of the Product. The Seller has the sole right to accept this request. The costs of returning the Product being returned and those for shipping the new Product will be borne by the customer, unless otherwise agreed with the Seller. The right of withdrawal will not be applicable for purchases made by customers resident in non-EU countries where local legislation excludes this right. Therefore, customers from these countries will not be able to exercise the right of withdrawal on products purchased through this e-commerce site.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It therefore applies only to users who have made the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out.

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The action aimed at asserting defects not fraudulently concealed by the Seller expires, in any case, within twenty-six months of delivery of the goods.

8.3 Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will instead be the Consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the Product.

8.4 In the event of a lack of conformity of the goods, the Consumer has the right to have the conformity restored, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by art. 135-bis and following of the Consumer Code.

8.5 The Seller is not responsible for any damages of any nature whatsoever resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages resulting from fortuitous events or force majeure.

8.6 If you have made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by art. 1490 et seq. of the civil code; in particular, the term for reporting any defects is 8 days from discovery and the action is subject to a limitation period of 1 year from delivery.

Art. 9 Manufacturer's Warranty

The Manufacturer's Warranty is an additional warranty to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. You may in any case assert your rights under the Legal Guarantee of Conformity governed by the previous article.

Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by the provisions of these General Conditions of Sale and, where not otherwise provided, by the Italian Consumer Code.

10.2 Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions of the Introduction.

10.3 The Seller informs the user who has the qualification of Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself.

10.4 The Seller also informs the user who has the qualification of Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr . Through the ODR platform the Consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online dispute resolution procedure in which he is involved.

10.5 In any case, the right of the Consumer user to bring the dispute arising from these General Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.

The user who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu .

Art. 11 Customer Service

11.1 You may request information, send communications, request assistance or forward complaints by contacting the Seller at the contact details indicated in the Introduction, or by using the contact form that may be present on the Site.

11.2 The Seller responds within an indicative time of 2 days.

Art. 12 Reviews

12.1 Pursuant to the provisions of Legislative Decree No. 26 of 7 March 2023, the Site informs you that no tool is implemented on the Site that allows users to publish reviews.

12.2 {tool-reviews}

Art. 13 Miscellaneous

13.1 This document fully regulates the relationship between you and the Seller. In any case, the rights and obligations provided by the law applicable from time to time remain intact.