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Conditions

Distance purchase agreement between BIGSTORECAP and the customer:

1. LIABILITY
Bigstorecap assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, the execution of the agreement. of sale within the agreed times. Bigstorecap will not be liable to any party for damages, losses and costs incurred as a result of the failure to execute the sales agreement for the aforementioned causes, or for damages, losses and costs incurred as a result of the use. o the impossibility of using the products purchased from Bigstorecap since the customer is only entitled to a refund of the price paid, excluding any shipping costs. Likewise Bigstorecap is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products. Bigstorecap, in fact, is not able to know the buyer’s credit card number at any time during the purchase procedure; at the same time Bigstorecap is unable to check the correct and lawful origin of the credit note that is delivered by the customer upon receipt of the goods.

2. BUYER’S OBLIGATIONS
The customer undertakes, once the “ online ” purchase procedure has been completed, to print and / or keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase. , as well as the printing of the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05.
The buyer is strictly forbidden to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and related further communications for him; the personal data and the e-mail address must be exclusively their own personal data and not those of third parties.

3. TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
The obligations assumed by the customer in art. 2 above (Obligations of the buyer), as well as the guarantee of the successful completion of the payment that the customer must make, are essential, so that by express agreement, the failure by the Customer, of only one of these obligations, will determine the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial ruling, without prejudice to the right of Bigstorecap to take legal action for compensation for further damage.

4. JURISDICTION
Any dispute relating to the application, execution, interpretation and violation of the ” online ” purchase and sale agreements obtained through the website www.bigstorecap.it is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree 50/92 and Legislative Decree 206/05.

5. RIGHT TO EXERCISE THE RIGHT OF WITHDRAWAL PURSUANT TO D.LGS. 206/05
Those who cannot be classified as consumers are excluded from the legislative decree, i.e. those who act for purposes related to their professional activity, that is, those who place an order indicating the VAT number for the invoice.
The Customer has the right to withdraw, no later than 30 days from delivery (the delivery date shown on the courier’s waybill is valid).
The right of withdrawal is exercised within the deadline by contacting us by email at bigstorecap@gmail.com or assistenza.bigstorecap@gmail.com or at postmaster@bigstorecap.it or by telephone at 0818743627 or 3314978307 also via WhatsApp.
In case of applicability of the right of withdrawal, the Customer is required to return (at our expense) all the items relating to the invoice as they are received, i.e. absolutely new, unused, complete with all their parts and in the original packaging (envelopes and packaging) Non-observance of these principles renders the right of withdrawal inapplicable.
Regarding the return of the goods, the courier will arrive directly at your home to collect the package. You can place the goods to be sent back, inside the same package in which it was delivered to you.
In case of application of the right of withdrawal, once the goods have been received, Bigstorecap will refund the entire amount paid by the customer, excluding shipping costs, within thirty days from the date on which the communication is received through the following methods: an exchange of goods, a bank transfer, the cancellation of the handling relating to the payment made by credit card

6. WITHDRAWAL OF THE SUPPLIER
If Bigstorecap is unable to fulfill the requested order due to the unavailability, even temporary, of the ordered product, it has the right to withdraw from the sales agreement within 30 days from the date of the order by providing the customer with a simple communication. motivated, pursuant to art. 54, paragraph 2 of Legislative Decree 206/05. In this case, the customer will only be entitled to a refund of any sum already paid.

7. CONSUMER’S RIGHT OF WITHDRAWAL
Pursuant to art. 5 of the Law Decree n. 185 of 22.05.1999 the customer – consumer (i.e. the customer – natural person – who purchases for purposes not directly related to the professional activity carried out) has the right to withdraw from the purchase contract, for any reason, within 10 working days from the date of receipt of the goods, in the manner indicated below.
To exercise the withdrawal, the customer must send Bigstorecap a written communication no later than 10 working days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt to Bigstorecap via Petraro 131 Santa Maria la Carità 80050 (NA). If the delivery of the goods has already taken place, the consumer must return it to Bigstorecap, by express courier, no later than ten working days from the date of receipt of the goods. The only costs payable by the consumer who exercises the right of withdrawal are those of shipping for the return of the goods to the sender. The purchased good must be returned in the original packaging, complete in all its parts, including documentation and accessories provided. As soon as it becomes aware of the right of withdrawal, Bigstorecap will indicate via e-mail to the customer the RMA number (return authorization code) to be attached externally to the package being returned. In any case, the original packaging must not be damaged or bear writings or the application of adhesive tape. It is advisable to put the original packaging in a second box and to insure the packaging for shipping, as any damage or theft is the responsibility of the customer. The right of withdrawal will not be accepted if the returned goods or the original packaging are damaged or missing of its integral or accessory parts. In this case the goods will be returned to the sender with a charge of the shipping costs. If the withdrawal is exercised in accordance with the provisions of Law Decree no. 185 of 22.05.1999 and reported in these general conditions, Bigstorecap will refund free of charge the sums already paid by the consumer in the shortest possible time and in any case within thirty days from the date of knowledge of the withdrawal, by transferring the amount charged to the credit card or by bank transfer if the customer provides the relative bank details.
The right of withdrawal cannot be exercised for contracts of:
. supply of services whose execution has begun, with the consumer’s agreement, before the expiry of the ten-day deadline for exercising the withdrawal;
. supply of goods or services whose price is linked to fluctuations in financial market rates that the supplier is unable to control;
. supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
. supply of audiovisual products or sealed computer software, opened by the consumer;
. supply of newspapers, periodicals and magazines;
. betting and lottery services.