Terms of sale

By accessing the Site and accepting these General Terms and Conditions, the User declares that he/she is a person of legal age, possesses the capacity to act and is well acquainted with the warnings and precautions for the use of the products marketed by the Provider through this Site.

These Terms and Conditions govern the sale of products, via the Website https://www.coltellerieberti.it/ by Teamecommerce s.r.l., corr.te in Via Roma n.50/R, 24060 Credaro (BG) tel. 035 4491296 | C.F. – P.IVA 03948390160- registered at the Register of Enterprises of Bergamo no. 03948390160 REA 422426 | share capital € 10,000 int. vers. | email: info@teamecommerce.com, a company appointed by Tradizioni Associate S.r.l. (c.f. and p.i.: IT 06665990484) corr.te in Via della Resistenza 12, 50038 Scarperia e San Piero (Florence) Italy, owner of the brand Coltellerie Berti, to exercise all the operations necessary for the online sale of products through this site.

Teamecommerce s.r.l. is therefore considered the selling party (hereinafter “the Seller”) in the context of these general conditions of sale.

The Buyer declares that he/she accepts the general conditions of sale in force on the date of sending the purchase order. Teamecommerce s.r.l. reserves the right to change the conditions of sale published on this site at any time, without prior notice to users. These changes will apply only to orders after the date of their publication.

Tradizioni Associate S.r.l. (c.f. and p.i.: IT 06665990484) corr.te in Via della Resistenza 12, 50038 Scarperia e San Piero (Florence) Italy, is the owner of this website and of the trademark “Coltellerie Berti”, as well as of the intellectual property rights on the site, as better specified below.

The purchase of products through the site is allowed both to the Buyer who holds the status of Consumer under Art. 3 Paragraph 1 letter A of the Consumer Code, as well as to those who do not hold this quality. In order to place orders on this site, the Buyer must be of legal age (18 years old).

Any communication regarding the products, including complaints, reports, inquiries, etc., should be sent to the email address info@coltellerieberti.it or, alternatively, by regular or registered mail to the following address:

 

Teamecommerce s.r.l.

Pagani Brothers Street no. 10

24060 Castelli Calepio (BG)

 

For information on orders and products you can contact Customer Service at the following phone number: 035 4491296.

These conditions of sale are written in Italian only.

 

Features of Coltellerie Berti Products

Human dexterity intervenes in the processing of most Coltellerie Berti products.

It is important to emphasize that our pieces are not identical to one another, but the small differences are natural, congenital, and represent precisely the uniqueness of each item.

Purchasing a handcrafted product must be an informed purchase. It involves choosing items that are mostly handmade, opting for the non-industrial and the non-series-made, and buying a product that is going to be unique.

It is precisely the uniqueness, originality and attention to detail that make the handcrafted product different from each other.

The images posted on the website reproduce as closely as possible the products depicted therein. These images, however, should be regarded as indicative only, as there may be differences resulting from the technical characteristics of the screens through which the products are displayed.

Products are sold with the features posted on the website and at the price listed there. The Seller reserves the right to change the price of the product at any time, which will be applied only to subsequent orders.

Mode of purchase

In order to make a purchase, the User may, at his or her discretion, choose to register with the Site – by filling out the appropriate registration form, logging in by entering the username and password indicated during registration, or log in as a “Guest”, filling in all the fields indicated therein with his or her identifying information, e-mail address, telephone number and delivery address for the Products.

Products on the site can be purchased by placing them in a virtual shopping cart.

To complete the order, the Buyer must complete the order on the website by following the instructions that will progressively appear on the purchase procedure screens. The Buyer, prior to the transmission of the order, will be able to view the shopping cart and possibly change the quantity of the products entered therein, displaying the total price resulting from the sum of the products and, at the same time, an initial estimate of shipping costs and delivery times. On this first screen you will also be able to enter coupon codes to apply additional discounts to your shopping cart.
Next, a screen will be opened where it will be possible for the Buyer to enter his or her order completion information (e.g., personal data, billing and shipping information, email address and phone number), as well as to view the final shipping costs based on the address entered and choose the desired means of payment.
In order to transmit the order, the Buyer must necessarily indicate by flag to declare that he/she has read the privacy policy and authorize the processing of personal data in order to proceed with the purchase, that he/she has read and accepts the “General Conditions of Sale” and that he/she has read and accepts what is written on the “Crafts” page. The Buyer is therefore urged to read these disclosures carefully before accepting them.

Once the order has been transmitted, an order confirmation containing a summary of the products, shipping and payment details will be sent to the Buyer at the e-mail address provided during the purchase process.

Upon receipt of the order confirmation email, the contract will be considered finalized.

Order details, in the case of a registered user, can also be viewed through the personal section of the website called “My Orders.”

The products ordered and the data associated with the order can be changed by specific request to the email address info@coltellerieberti.it, as long as this request is sent before the package is shipped.

The order received, once executed and 14 days have elapsed since delivery for the Consumer to exercise the right of withdrawal, will be stored in the Seller’s computer systems according to the terms of the law.

In the event that there are discounted products on the site, the full price prior to the application of the discount, the percentage of discount, and the final discounted price will be indicated in the product tab.

The order conclusion is available in Italian. It is possible to select a language other than Italian via appropriate icon in the upper right corner of the main screen.

The Seller reserves the right to refuse or cancel orders from Buyers with whom legal litigation is already pending or who have already violated these Terms and Conditions in connection with previous orders.

The Seller has taken all technical measures in order to constantly update the online product catalog based on stock availability, however, technical errors that may cause incorrect information regarding product availability cannot be ruled out. In case of unavailability of the product at the time of the order, the Seller agrees to immediately notify the Buyer and refund the amounts already paid by the latter at the time of confirmation of the order by the same means of payment used for the purchase.

Payments

Payments on this website can be made through the following payment methods:

• PayPal
• Credit / debit / prepaid / PostePay card
• Bank transfer

If the Buyer decides to pay by bank transfer, an order confirmation email will be sent containing the Iban details for payment and the order ID code to be entered in the reason for payment. The Buyer must arrange the transfer within 10 days after the order is transmitted, after which the order will be cancelled. The order will be shipped once the amount is credited to the Seller’s bank account.

Should Buyer choose to pay by credit/ debit/ prepaid card, please be advised that payment will be handled entirely externally by Stripe(Stripe | Online Payment Processing Platform).

Cash on delivery payment is expressly excluded.

Paypal payments will be governed by the terms and conditions agreed upon between Buyer and such institutions.
The Seller will proceed to ship the products after receiving confirmation of successful payment in full made by the Buyer. In the event of unsuccessful payment, the Seller will send the Buyer an email containing an invitation to pay the amount due within 10 days of receipt of the email, including by means of payment other than the one chosen at the time of the order, informing the Buyer that, in the event of non-payment within the specified period, the contract will be considered terminated in accordance with the law and the order cancelled.

In case of late payment, the delivery time may change.

The Seller assumes no responsibility for any fraudulent and illicit use that may be made, by third parties, of credit cards, the data of which will not be retained at the outcome of the payment, checks and other means of payment, for the payment of the products purchased, if it demonstrates that it has taken all possible precautions based on the best science and experience at the time and according to the ordinary diligence required.

Taxes and fees

The prices shown on the site include VAT and indirect taxes, while they do not include shipping costs, which are calculated before the order is confirmed.

For orders to be delivered outside the national borders, Buyer is responsible for payment of all duties, taxes, fees, extra costs and customs charges, required for any reason whatsoever, which may be required by law in the territory of destination. Therefore, the Buyer is invited to inquire at the competent offices to know of any extra taxation applicable in the country of destination of the goods, specifying, as of now, that the lack of knowledge of such extra costs cannot be cause for termination of this contract.

Shipping and delivery

Information about availability and delivery times given at the time the order is placed is purely indicative and not binding on the seller.

Shipping costs vary according to package weight and destination. The amount is visible in the order confirmation following the entry of the shipping address.

In Italy, the shipping cost is €9.90 while it is free for orders over €49.

The Seller ships all over the world, using domestic and international couriers which may vary according to the needs and requirements of the case.

If the destination state is not among the list of delivery nations, the user is encouraged to contact customer service via the contacts on the website.

For shipments within Italy, delivery times vary between 10 and 15 working days.

Shipments to the rest of the world take about 7 days to prepare the package, the remaining delivery time will depend on the courier company taking the order.

During holiday periods, such as promotional activities, delivery times may be delayed.

The Seller agrees to meet the stated terms, and, in any case, to make delivery within a maximum period of 30 days from the date of conclusion of the contract.

In the event that the Purchaser holds the status of Consumer under Art. 3 paragraph 1 letter A of the Consumer Code, the same shall grant the Seller an additional period of time to deliver the products if the same has not been made within the 30 days referred to in the preceding paragraph. In case of non-delivery of the products within the additional period thus granted, it will be the right of the Consumer to terminate the contract in accordance with Art. 61 of the Consumer Code. The Consumer shall not be obliged to grant an additional period of time to the Seller if the Seller has expressly refused to deliver the products, or when compliance with the delivery period was to be considered essential taking into account all the circumstances surrounding the conclusion of the contract, or if the Consumer has informed the professional, prior to the conclusion of the contract, that delivery by or on a specific date is essential. In all these cases it will be possible for the Consumer to terminate the contract. In case of termination, the Seller will provide a full refund of what has already been paid by the Consumer.

The risk of loss of or damage to the products, due to causes not attributable to the Seller, is transferred to the Consumer only at the moment when the latter, or a third party designated by him and other than the carrier, materially takes possession of the goods.

Any liability on the part of the Seller for unforeseeable delays or delays not attributable to the Seller is excluded.

Upon shipment, the Seller will send an email to the Buyer indicating that the package has been delivered to the carrier, the carrier’s references, and the number to monitor the tracking and status of the shipment.

Should it become necessary to reimburse shipping costs inherent in one product within an order containing multiple products, the amount reimbursed will be proportional to the cost of each product.

Right of withdrawal

In the event that the Purchaser holds the status of Consumer under Art. 3 paragraph 1 letter A of the Consumer Code, has the right to withdraw from this contract, even without stating reasons or reasons, within 14 (fourteen) days after delivery of the products.

In order to exercise the right of withdrawal, the Consumer will be required to transmit an explicit request to the Seller by sending an email to info@coltellerieberti.it, or by registered mail with return receipt to the following address:

Teamecommerce s.r.l.

Pagani Brothers Street no. 10

24060 Castelli Calepio (BG)

Following the communication referred to in the preceding paragraph, the Consumer will receive an email confirming the right of withdrawal with instructions on how to return the product, which must be done within 14 days of the aforementioned notice of withdrawal. The deadline is met if the Consumer returns the goods before the expiration of the 14-day period.

The purchased product must be returned intact, free of signs of wear and tear and complete with all parts, otherwise the Seller will deduct from the refund an amount equal to the decrease in the value of the returned product. In the event that the refund has already been made by the Seller, the Seller will notify the Consumer of the amount to be refunded to the same due to the decrease in the value of the product and the payment details. The Consumer, therefore, is asked not to handle the product beyond what is strictly necessary to assess its characteristics, nature and operation, proceeding to carefully cover it with protective packaging to ensure its integrity during transport in case of return.

Shipping costs, as well as any fees and taxes, for the return of products will be the sole responsibility of the Consumer, who may independently choose the carrier to be engaged for transportation.

Withdrawal from this contract, subject to all conditions set forth in the preceding paragraphs, shall result in the refund by Seller of all sums paid by the Consumer, including shipping charges, through the means of payment used by the Consumer for the initial transaction, unless a different means of payment is expressly requested. Any additional charges resulting from choosing a different means of payment will be the responsibility of the Consumer. In addition, no additional costs will be reimbursed arising from the Consumer’s choice of a different type of delivery from the least expensive type of standard delivery offered.
Refunds will be made upon receipt of the returned products by the Seller or upon proof of shipment of the products by the Consumer, and in any case within 14 days from the day the Seller was informed of the Consumer’s decision to withdraw from the contract.

Legal Warranty

In the event that the Purchaser holds the status of Consumer under Art. 3 paragraph 1 letter A of the Consumer Code, may benefit from the Legal Warranty for any lack of conformity of the product that becomes apparent within two years from the date of delivery to the Consumer.

A lack of conformity exists when the product:

1. does not match the contractual description, type, quantity and quality, and does not possess the functionality, compatibility, interoperability and other features as stipulated in the sales contract;
2. is not suitable for any particular use intended by the consumer, which has been brought to the knowledge of the seller by the consumer at the latest at the time of the conclusion of the contract of sale and which the seller has accepted;
3. is not supplied together with all accessories, instructions, including those pertaining to installation, stipulated in the sales contract.

Therefore, failures, malfunctions or damage to the product, even accidental, caused by the Consumer or resulting from improper use of the product or failure to follow any washing or maintenance instructions that may be indicated on the packaging or attached to the product are not covered by the legal warranty.

The Consumer shall report any defects or lack of conformity within the ex lege period of two months from discovery, attaching relevant photographic documentation, by email to info@coltellerieberti.it

The Seller, having assessed the defects and non-conformity of the product sold, will authorize the return of the same by the Consumer in order to provide for the subsequent repair of the products under warranty or, if not possible, the replacement of the product. Specific return arrangements will be indicated by the Seller with subsequent email. The Consumer is required to make the product available for later pickup by the Seller at his own expense. Acceptance of the return of the product will not automatically imply recognition by the Seller of the reported conformity defects, as the same reserves the right to verify their actual existence following the return.

In case of defects or non-conformities, the Consumer shall have the right to have the product restored at Seller’s expense by direct repair or replacement, or, if this is not possible or economically disproportionate, to have the price of the product reduced or the contract terminated.
Repair or replacement shall be carried out by the Seller without charge, within a reasonable period of time from the time it was informed by the Consumer of the lack of conformity and without inconvenience to the Consumer, taking into account the nature of the good and the purpose for which the Consumer wanted the good.

The Consumer is not required to pay anything for the normal use of the replaced good in the period before the replacement.
In particular, the Consumer is entitled to a price reduction or termination of the contract in the event that

• The Seller did not carry out the repair or replacement;
• A lack of conformity is manifested despite the Seller’s attempt to restore the goods to conformity;
• The lack of conformity is so serious as to warrant immediate price reduction or termination of the sales contract;
• The Seller states or it is clear from the circumstances that it will not restore the conformity of the goods within a reasonable period or without considerable inconvenience to the Consumer.

The price reduction will be proportional to the decrease in product value compared to a compliant product.

The Consumer, shall exercise the right to terminate the sales contract by a direct statement to the Seller containing the manifestation of willingness to terminate the sales contract.

If the lack of conformity affects only some of the products delivered under the sales contract and there is a cause for termination of the sales contract, the Consumer may terminate the contract limited to the non-conforming products and the products purchased together with the non-conforming products, if there is no reasonable presumption that the Consumer has an interest in keeping the non-defective products in his or her possession.

If the Consumer terminates the sales contract entirely or, limited to some of the products delivered under the sales contract:

1. the Consumer returns the product to the seller, at the seller’s expense, and
2. the Vendor shall refund to the Consumer the price paid for the product upon receipt of the same or evidence provided by the Consumer as to whether the product has been returned or shipped.

The Consumer does not have the right to terminate the contract if the lack of conformity is only minor. The burden of proof that the defect is minor is on the Seller.

In the event of termination of the contract, the Seller shall, upon return of the product or proof of shipment, refund all sums paid by the Consumer, including shipping charges, through the means of payment used by the Consumer for the initial transaction, unless a different means of payment is expressly requested.

The Legal Warranty may not operate in the case of insubstantial differences between the products received as a result of purchase and the photographs and descriptions on the website.
In addition, the legal warranty does not operate for defects arising from the craft process of production as further specified in the paragraph “Characteristics of Coltellerie Berti products.”

In the event that the Buyer is not considered to be a Consumer ex lege, the regulations set forth in Articles 1490 et seq. of the Civil Code shall apply.

Intellectual Property

All trademarks, designations, graphics, designs, images, text, patterns, and badges on the website remain the exclusive property of Tradizioni Associate S.r.l. The design and graphic interface of the website, however, remain the property of Teamecommerce s.r.l. The purchase of products does not imply any transfer of ownership of related intellectual property rights.
Content on the site may not be reproduced in any way or used for any purpose without the prior written consent of Tradizioni Associate S.r.l.

Privacy Protection

The Buyer, with the conclusion of the order for the purchase of products, acknowledges that his personal data are used by the Seller exclusively for the execution of the contract and related legal charges. Any further purposes, such as marketing activities or newsletters, require optional prior express consent that does not prevent the conclusion of the purchase and sale contract. All information regarding how the data of users of the site, including buyers, are processed can be accessed from the following link: Privacy Policy – Coltellerie Berti

Payment data will not be handled directly by the Seller but by third-party vendors, who guarantee high security standards and the proper processing of data in accordance with the law.

Complaints and alternative dispute resolution

Any complaints from the Consumer can be sent to the following address: info@coltellerieberti.it or via the appropriate Whatsapp channel.

The Seller’s operators will handle complaints as quickly as possible, while still ensuring a response within 30 days of receipt.

In the event that the Purchaser holds the status of Consumer under Art. 3 paragraph 1 lett. A of the Consumer Code, the same shall still have the right to make use of the European ODR (Online Dispute Resolution) online platform to make an attempt at out-of-court dispute resolution.

This platform, managed by the European Commission under Directive 2013/11/EU and EU Regulation no. 524/2013, ensures an impartial system for the resolution of disputes relating to contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through the intervention of an authorized third-party and impartial dispute resolution (ADR) entity.
For more information and to access the platform please use this link: https://ec.europa.eu/odr

Service suspensions

The Seller reserves the right to temporarily suspend, without any prior notice, the provision of the service of buying and selling the Products for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality thereof (hereinafter, for brevity, “Service”).

The Seller may at any time discontinue the provision of such Service if there are justified security reasons or breaches of confidentiality, in which case it will give notice to Users.

Applicable law and jurisdiction

These General Terms and Conditions and any contract entered into with Buyer are governed by Italian law, without prejudice to the application of EU legislation and international treaties, when applicable, as well as national consumer protection legislation.

Any dispute relating to the interpretation, execution, validity or effectiveness of these General Conditions and any contract entered into with the Purchaser shall be settled by the Court of Bergamo, without prejudice to the provisions of the Consumer Code referred to in the following point.

In the event that the Purchaser holds the status of Consumer under Art. 3 paragraph 1 letter A of the Consumer Code, the court of jurisdiction for any dispute will be that of the place of residence or domicile of the consumer, if located in Italy.