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1.1 For the purpose of this general terms and conditions the following terms shall have the meanings set forth herein:
a) “Conditions”: this general terms and conditions;
b) “Site”: this website www.bobsdrunk.com;
c) “bob sdrunk”: 4 G s.r.l. /DBA «bob sdrunk» - Via Piceno, 18 - 62012 Civitanova Marche (MC) - Italy;
d) “User”: any person using the Site and/or purchasing bob sdrunk’s products through the Site for personal purposes;
e) “Contents”: any materials, including images, illustrations, designs, icons, photographs, video clips, trademarks, trade signs and any other materials included or displayed on this Site.
2.1 These Conditions shall apply to the use of this Site as well as to any and all orders of bob sdrunk’s products executed by consumers (the Users) through the Site. No provisions deviating from these Conditions shall be binding on bob sdrunk unless accepted in writing by the same.
2.2 By submission of the Order of products through the Site, the User accepts the applications of these Conditions.
2.3 Users which are willing to purchase for professional purposes are invited to contact bob sdrunk directly.
3.1 Unless otherwise noted, all Contents are copyrights, trademarks, trade and/or other intellectual property owned, controlled, or licensed by bob sdrunk. The Site as a whole and its content are protected by copyright, trademark and other intellectual property rights and may not be used except as permitted in these Conditions or with the prior written consent of bob sdrunk as owner of such material.
3.2 The User may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information and/or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. This Site and all its Contents are intended solely for personal, non-commercial use. The User may download or copy the Contents and other downloadable materials displayed on the Site for personal use only. No right, title, or interest in any downloaded materials or software is transferred to the User as a result of any such downloading or copying. The User may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.
3.3 Using the Site and/or placing orders of products, the User shall:
a) provide bob sdrunk with true and correct information;
b) ensure and warrant bob sdrunk to have the right to use such information; and
c) shall maintain the confidentiality of its account information and password, if any, and shall restrict access to such information to third parties. The User declare to have the right to use any information provided to bob sdrunk and accepts responsibility for all activities executed through the Site under its own account.
3.4 The User is prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
4.1. The products displayed on the “online shop” section of the Site are also available in selected bob sdrunk’s retailers in the world indicated in the Site. Images of the products contained in the Site are for indicative purpose only. bob sdrunk expressly reserves the right to make changes to the models or structures of the products, without altering their essential features, it deems necessary or convenient, even after acceptance of the order.
5.1. The payment of the products shall be executed in advance by the User, upon submission of the Order, by Paypal or by credit card.
5.2 Payments are considered to have been made by the User only when the related amount has been credited to the bank account of bob sdrunk.
5.3 The products will be packaged and readied to ship in compliance with the standard protection methods generally adopted by bob sdrunk for the agreed mode of transport.
5.4 The products will be shipped, at the latest, within 5 (five) days from the receipt of the payment in accordance with paragraph 5.1 and 5.2 above, and will be delivered to the User within 30 (thirty) days from the order date, according to the delivery term DAP – User’s address indicated in the Order - Incoterms 2010® ICC. Partial deliveries are allowed. Shipment date is not essential nor peremptory. Import formalities and custom duties of the products in the country of delivery will not be executed by bob sdrunk. ANY CUSTOMS DUTIES TO BE PAID ON THE PRODUCTS IN THE COUNTRY OF DELIVERY SHALL BE BORNE BY THE USER IN ADDITION TO THE PRICE ALREADY PAID TO bob sdrunk.
5.5 The products will be delivered to the address specified by the User upon submission of the Order. The User will ensure that delivery of the ordered products to the address indicated by the User is possible during regular business and delivery hours. If the delivery address stated in the Order or any other information in the Order is incomplete, incorrect or misleading, bob sdrunk will not be responsible for non-delivery or late delivery of the products. bob sdrunk may, at its own discretion, resend the products to the User. Should this be the case, the User shall refund bob sdrunk of any additional cost possibly incurred by bob sdrunk as a result of incomplete, incorrect or misleading delivery address data or of any other information provided for by the User.
5.6 Without prejudice to the provisions of article 5.4 above, if bob sdrunk fails to deliver the products after 8 (eight) weeks from execution by the User of the advance payment under paragraph 5.1 and 5.2 above, the User will only be entitled to withdraw from the purchase contract and request restitution of the price paid.
5.7. To the fullest extent permitted by law, bob sdrunk shall not be responsible or liable for delivery of the products within 8 (eight) weeks from the date of the order. 5.8 The User cannot claim non-performance or breach of these Conditions by bob sdrunk if it is not fully compliant with its obligations under These Conditions.
6.1 Right of withdrawal The User may withdraw from the purchase contract within 14 (fourteen) days from receipt of the products. The right of withdrawal shall be exercised in writing, by email or by ordinary mail with return receipt, following the instructions under article 8 below. The User may exercise its right of withdrawal by using the withdrawal model attached hereto and/or sending an email to email@example.com, making reference to the order number.The right of withdrawal may also be exercised by the User by returning the products ordered within the above-mentioned term. Should this be the case, the date of shipment of the products will be taken into consideration to the effect of the timely exercise of the withdrawal right. The withdrawal notice and/or the returned products are to be addressed to:
4 G s.r.l., Via Piceno 18, 62012 Civitanova Marche (MC), Italy - Email: firstname.lastname@example.org. IN EXERCISING ITS WITHDRAWAL RIGHT, THE USER SHALL BORNE THE SHIPPING EXPENSES FOR THE RETURN OF THE PRODUCTS.
6.2 Loss of the right of withdrawal The User will result in the loss of its withdrawal right in case it uses or handles the products beyond the way strictly necessary to check its conformity to the Order and its characteristics which result in a loss of commercial value of the products.
6.3 Consequences of withdrawal In the event the User lawfully exercises its right of withdrawal, and the products returned has not suffered loss in commercial value do to handling by the User beyond the limits under 6.2 above, bob sdrunk will refund the User any sums paid for the products. Shipping expense for the delivery of the products will not be reimbursed by bob sdrunk. Shipping expense for the return of the products shall be borne by the User.
6.4 Products to be returned If the User is unable to return or provide bob sdrunk with the products previously ordered or is only able to do so in part or in a deteriorated state, the User shall be obligated to pay compensation to this extent, according to the applicable laws, as follows. In case the User is not able to return the products, bob sdrunk shall be entitled to retain the full price paid by the User as damage compensation. In case the User is able to return the products in part or in a deteriorated state, bob sdrunk shall be entitled to return the price paid by the User for the products, net of any damage compensation due to the deterioration of the products returned.
7.1. The User is entitled to obtain the warranty remedies provided for by the law. In this respect, bob sdrunk warrants that the products will conform to the Order confirmation email and will be free from manufacturing defects. The following are expressly excluded from the warranty:
a) any use of the products which is different from standard use;
b) defects or damages resulting from incorrect use, handling and storage of the products,
c) standard wear and tear. 7.2 The warranty period is 24 (twenty-four) months from the date of delivery of the products at the address of the User.
7.3 The User shall notify bob sdrunk of non-conformities or defects of the products by fax or email, along with photographs of the non- conforming or defective products, within and no later than the following terms; failing to do so will result in the lapse of the warranty and the unenforceability of the warranty rights:
a) differences in type or quantity with respect to type or quantity agreed as well as other patent non-conformities or defects: 8 (eight) days from the delivery of the products at the address of the User;
b) hidden non-conformities or defects: 8 (eight) days from the discovery of the same and, for avoidance of doubt, within the warranty period above.
7.4 bob sdrunk shall have the right to examine or to have examined the products which the User claims to be non-conforming or defective. In the event that the products are ascertained by bob sdrunk as actually non-conforming or defective, the User shall be entitled to obtain legal warranty on the products. In particular the User shall obtain, at its own option, either to:
a) reparation or replacement of the product or of the damaged part of the product, at no cost to the User, provided that the remedy requested by the User is not impossible or too expensive for bob sdrunk;
b) reduction of the price paid for the products;
c) termination of the sale contract. bob sdrunk shall become owner of the products or the products’ parts that have been replaced.
7.5 The remedies described in article 7.4 above are the sole warranty rights and remedies granted to the User in case the products are ascertained as non-conforming or defective. To the fullest extent permitted by law, any other liability of bob sdrunk, whether contractual or non-contractual, which may in any way arise from or in relation to the supply of non-conforming or defective products, including, but not limited to, compensation for direct, indirect, consequential damages or for loss of profits, is expressly excluded.
7.6 The warranty set forth in this article 7 is in substitution for, and excludes, any other warranty, either express or implied, set forth by the law or otherwise.
8.1 For returns of products after exercise of the right of withdrawal or as a result of defects of the products, the User is requested to proceed as follows:
a) the User shall send a withdrawal notice according to the provisions of paragraph 6.1 above, in case of withdrawal, or a defect statement including a description of the defect, according to the provisions of paragraph 7.3, to the email address email@example.com , in case of defects of the products;
b) the product to be returned must be packaged in the original packaging (in case of withdrawal in due time), or in similar damage-resistant packaging (in case of defects of the products). All of the product parts must be returned.
8.2 As soon as the product is received by bob sdrunk, bob sdrunk will inform the User via email of the handling of the request, of the ascertained condition of the product and, if the products is in good state, of the execution of the refund as well as of further actions that will be taken in this respect.
Neither party shall be liable or responsible for damages or in any manner whatsoever to the other party for failure or delay in performing or fulfilling any obligations deriving from this Conditions or from the Order when such failure or delay is due to the occurrence of an event of force majeure such as war, fires, acts of God, acts of public authorities, or any other event or cause whatsoever, similar or dissimilar, which cannot reasonably be forecast or provided against and which cannot be overcome with reasonable diligence. In such event, the time for fulfilment of the obligation shall be extended for the period of continuance of such force majeure event. In case any of such force majeure event continues for a period of 4 (four) months or longer, each party shall have the right to cancel the Order by giving written notice to the other.
10.1 These Conditions shall be governed by Italian Laws. 10.2 Any dispute arising out of or in connection with these Conditions and/or any single sale contracts which shall executed between the parties based on these Conditions, including any dispute regarding their validity, effect, interpretation, execution or termination, shall be subjected to the jurisdiction of the Italian courts and shall be exclusively referred for its resolution to the court where bob sdrunk has its registered office.
The User is also entitled to resolve any disputes relating to the on-line sales of the products through the European online dispute resolution authority, connecting using the following website https://ec.europa.eu/consumers/odr/main/