Terms and conditions
Nature and Acceptance of the TOS
1. “User”: it is you, or the natural person who uses the Site;
2. “Account”: is the personal area of the Site relating to each User, which can be accessed after the correct completion of the registration;
3. “Products”: are the items offered for sale through the Site;
4. “Order”: is the set of Products purchased by the User;
5. “Compatible devices”: are devices with the following characteristics Windows, IOS, Android, Explorer, Firefox, Google Chrome and other classic web interfaces that allow access via smartphone, tablet and PC.
2.1 Through its website, Binar offers Users the possibility of being able to view the list of Products offered and subsequently place Orders directly through the Website.
2.2 Binar reserves the right to modify, without notice, some or all of the features of the Site.
2.3 Binar reserves the right to prevent the User from accessing the Site in the event of a violation by the latter of these TOS.
2.4 The use of the Site, taking place on the basis of a deed having a contractual nature, assumes that the User is of age and endowed with the ability to act or, in the case of minors or incapable of acting, is duly authorized by the subject required by law. Therefore, Orders cannot be accepted if they come from persons under the age of 18 (eighteen).
2.5 All costs deriving from, or connected with, access to and use of the Site (such as, by way of example only: Internet connection costs and any other costs relating to the use of the Site from various devices – smartphones, tablet, pc – of the User) are the sole responsibility of the User.
2.6 Binar is not responsible for any impossibility of accessing and/or using the Site due to any incompatibility of your device with the Site, Internet connection problems and/or any technical malfunctions of the Site. Binar guarantees compatibility of the Site only with compatible Devices.
2.7 The User undertakes to use the Site only on Devices declared compatible by Binar.
3. [Account registration]
3.1 The User can access the Site and view some areas of the same (also being able to filter the results according to the indications therein, which are to be considered as indicative) without the need for prior registration.
3.2 To use some services of the Site and place Orders, the User must instead complete the registration process indicated therein, correctly entering the data requested on the registration page (by way of example only: e-mail address, password, name, surname, date of birth, city and address, fiscal code, telephone number, delivery schedule, name on the doorbell, etc.), thus creating your own Account. Where expressly indicated by Binar, the User may place Orders without carrying out registration procedures, using the payment systems and sending shipping/billing data indicated.
3.3 Failure by the User to complete all the fields indicated as “mandatory” when registering the Account or (where indicated) during the direct purchase procedure without registration, will not make it possible for the User to use some or all of the services offered by the Site. The User undertakes to verify the accuracy of the data entered, holding Binar harmless from any claim for damages deriving from such errors (by way of example only: non-delivery of the Order resulting by an incorrect entry of the delivery address by the User).
3.4 The User, following the correct completion of the Account registration process, will be able to use all the services of the Site.
3.5 The Account access credentials are personal, relating to the User and non-transferable (not even free of charge). It is the User’s responsibility to employ any suitable measure to guarantee the confidentiality of their access credentials. The User is directly responsible for any activity carried out using his Account or his login credentials and undertakes to notify Binar of any unauthorized or otherwise abusive use of his Account and/or his login credentials.
3.6 Binar cannot be held responsible in any way for any damages of any kind suffered by the User as a result of the unauthorized or otherwise abusive use of the Account (and/or the User’s login credentials) by of third parties. On the contrary, the User will be responsible for any and all damages, direct or indirect, suffered by Binar as a result of the use of their Account and/or their access credentials by third parties.
3.7 The User undertakes to substantially and procedurally indemnify Binar, holding it harmless from any loss, damage, liability, cost or expense, including legal fees, with respect to any third party claims arising from the illicit use of its Account and/or its your login credentials.
3.8 Binar reserves the right to suspend and/or cancel the Account at any time and take action in the appropriate judicial offices, if the data provided during registration are not true, correct, accurate and/or released in violation of third party rights.
4. [Use of the site and order of the product]
4.1 The Site allows Users to place Orders and/or add products to their cart, unless otherwise communicated by Binar.
4.2 The User can proceed with the compilation of his Order, selecting the Products by simply clicking on the single Product. This operation allows the selected Products to be placed in the User’s cart. To place the Order, the User will be able to access, after entering the information requested as mandatory, his/her cart and complete the Order by making the payment.
4.3 The User undertakes to carefully check, before sending the Order, that all the information present in his Order is accurate and truthful. It is normally not possible to make any changes after sending the Order and/or request a refund, except as provided by law.
4.4 In the event of failure to authorize any payment of the Order (according to the methods indicated in article 5 below), Binar will not process this Order.
4.5 For any request for information or modification of the Order, the User can contact the Binar customer service. Binar cannot ensure acceptance of User requests.
4.6 Having received the Order from the User, which will constitute a purchase proposal, and the communication of the correct payment by the bank, Binar will send the user the confirmation of the same, which will constitute acceptance of the proposal. The contract for the sale of the Products between Binar and the User will therefore only be concluded upon receipt by the latter of Binar’s order confirmation. Once the User has successfully sent the Order, Binar nevertheless reserves the right to block the Order in the event that it detects attempts at fraud or violations of these TOS.
4.7 In case of acceptance of the Order by Binar, the Site will indicate the relative delivery time (which must be considered as merely indicative). Binar does not guarantee that Orders will be delivered to Users within the times communicated.
4.8 In the event of unavailability of one or more Products in the Order, Binar will inform the User as soon as possible and refund the latter when paid, possibly already paid as the price of the Product(s) not available, and transport where charged. You will not be entitled to any other refunds and/or indemnities and/or compensation of any kind from Binar.
5.1 The prices of the Products indicated on the Site are to be understood as inclusive of VAT but do not include shipping and delivery costs. Binar reserves the right not to charge, in whole or in part, shipping and delivery costs, depending on any promotions active on the Site. Shipping and delivery costs will be added, where due, to the total cost of the Products of the Order.
5.2 The User must make the payment for his Order via the Site exclusively through one of the systems specifically indicated therein.
5.3 The accounting and tax documentation relating to the sale of the Products will be issued by Binar on the basis of the data provided by the User in the registration procedure and/or when completing the Order. The User, by communicating such data, guarantees its truthfulness and correctness, and undertakes to update them if necessary.
6.2 Any updated versions, which will bear the date on which the update was carried out, will be promptly published on the Site and will become effective immediately after publication.
6.4 Binar does not guarantee that the information contained within the Site is accurate, current or complete and reserves the right (without assuming any obligation) to update or make changes to such information, at any time and without notice, undertaking to communicate them in the same manner in which such information had been previously communicated.
6.5 Binar undertakes to include information relating to the Products on the Site, but cannot be held responsible for any incorrect information and advises the User, in case of doubt regarding the details of a Product, to communicate directly with Binar before to place the Order or, alternatively, to enter (where foreseen and possible) such requests in the notes field of the Order itself.
6.6 Binar does not undertake any commitment regarding the fact that the Products of the Order are suitable for particular results or purposes expected by the User, expressly excluding any related guarantee in this regard.
7. [Limitation of use of the site]
7.1 The Site is an intellectual work protected by copyright law (Law No. 633 of 22 April 1941 and subsequent amendments and additions) for the protection of intellectual property. The owner of the rights on the Site is Binar which, subject to full acceptance of the terms and conditions set out in these TOS, grants the User the free right, revocable in the manner provided for in this article, to use the Site exclusively for personal use. The intellectual property rights to the “Binar” brand belong exclusively to Binar. All other names, signs or other symbols appearing on the Site may be trademarks registered by their respective owners. The unauthorized use of these signs may constitute a violation of the rights of the respective owners, and as such, may be prosecuted.
7.3 The User acknowledges and agrees that the Site contains secret information of Binar – including, by way of example, the related source and object codes, any information on the codes and/or on the logical structure and/or on the techniques, methodologies incorporated therein or on which it is based – and undertakes to keep secret and not to disclose said information and contents to third parties.
7.4 Except as provided in the preceding article, the User has the right to view and use the Site on the devices, which he owns or controls, with which the Site itself is compatible and to use it to use the related services.
7.5 These TOS take effect from the date on which the User registers on the Site and will remain in force until their resolution and/or withdrawal by a party.
7.6 The User may withdraw from these TOS at any time by discontinuing use of the Site provided that all the provisions applicable to this document will survive the termination or withdrawal. Upon termination of the TOS for any reason, the User must refrain from any further use of the Site.
7.7 The reservation of rights, confidentiality, limitation of liability and applicable law provisions will survive the termination for any reason of these TOS.
7.8 Any use of the Site by the User for purposes other than those indicated in this document must be considered unauthorized by Binar and, therefore, expressly prohibited. By way of example only, the following are prohibited:
1. the reproduction of the Site permanently or temporarily, in whole or in part, by any means and in any form, without prejudice to the reproductions necessary for the use of the Site in accordance with the provisions of this document;
2. the translation, adaptation, transformation and any other modification of the Site;
3. the distribution, rental and any other form of making the Site available to the public;
4. the decompilation (so-called reverse engineering) of the Site, except as expressly provided for by mandatory provisions of law;
5. the removal or cancellation in any way from the Site of any trademark, trade name, indication of copyright or other notation of reservation of rights affixed or contained therein;
6. the development of products or software applications based on the Site or which make use of them in any way;
7. the use of the Site to develop or spread computer viruses, malware or similar applications;
8. exporting the Site or any portion thereof in violation of export control laws.
8.1 Following the completely positive Order, Binar may notify the User of the possibility of providing feedback regarding the Order placed. This feedback can only be expressed through a vote of 1 to 5 stars for each Order and cannot be updated or deleted by the User.
9. [Protection of personal data]
1. send Users notifications and communications about their Orders;
2. to perfect the Site and adapt the offer to the needs of Users;
3. (if registered) to send newsletters;
4. for the fulfillment of the obligations established by current legislation.
9.2 The Privacy Information drawn up pursuant to GDPR EU Reg. 679/2016, available at the following link, which is given here as fully reported and transcribed, illustrates the purposes and methods of processing the User’s personal data connected with the use of the services of the Site.
9.3 In the event that the User is a Minor or does not possess the ability to act, the aforementioned Privacy Information is addressed to the subject appointed for this by current Italian law, who is the only subject authorized to provide the relative express consent.
11.1 Although the services offered by Binar are not normally vehicles for viruses, worms, trojans or other malware, it cannot be ruled out a priori that such malicious code may be transmitted to the User’s computer by browsing the Site. It is therefore the sole responsibility of the User to equip himself with the appropriate tools for safe browsing (e.g.constantly updated antivirus and firewall).
12. [Warranties and Limitations of Liability]
12.1 Binar declines all responsibility, to the fullest extent permitted by law and with the sole exclusion of cases attributable to willful misconduct or gross negligence of the same, for any and all damage, direct or indirect, that the User suffers as a result of or in relation to the access or use of the Site.
12.2 Binar is in no way responsible for any loss of data, for the dissemination of personal or sensitive data and for any other type of damage directly or indirectly suffered by the User which has been caused by malware present on the Internet.
12.3 The User is required, under penalty of forfeiture, to report any faults and/or defects in the Product, by written communication, within no. 8 (eight) days from their discovery. If this guarantee is implemented, the User will be entitled, where possible, to have the Product replaced at Binar’s expense, or to a refund of the price paid for such Product.
12.4 If upon delivery of the shipment of the Product, the User discovers the package to be broken or tampered with, he will have to refuse the delivery, explaining the reasons for the refusal in the waybill. It will be Binar’s responsibility to contact the User who will be able to decide between a new shipment, free of charge (where possible), or a refund of the price and delivery costs.
13. [User Responsability]
14.1 Failure by Binar to exercise any of the rights, faculties or options set forth herein
16. [Applicable Law and Jurisdiction]
16.1 The interpretation and execution of this License, as well as the relations between Binar and the User deriving from the same, are governed by Italian law, with the express exclusion of the application of the rules of private international law of this legal system.
16.2 Except in cases in which jurisdiction is established by law, all disputes deriving from, or in any case relating to the TOS, will be submitted to the exclusive jurisdiction of the court of Milan (Italy), with the express waiver by the User of any exception with respect to to that court.
17.1 The User can send any request for clarification or different communication to the following addresses:
Corso Magenta, 10 – 20123 Milano
.18.1 The User – exclusively if he is a natural person who acts for purposes not related to the professional activity he may carry out – has the right of withdrawal provided for by article n. 64 and following of Legislative Decree 206/2005, exercisable without any penalty and without the need for a specific reason.
18.2 This withdrawal must be exercised by the User within the term of 14 (fourteen) working days, which will start from the day of receipt of the Product. The User must send a written communication, by registered letter with return receipt, stating the intention to withdraw from the contract to Binar S.r.l. – and a copy to the address email@example.com
18.3 In the event of exercising the right of withdrawal, the Products already delivered must be returned to Binar, in perfect condition, perfectly intact, unused, with original labels and in their original packaging, at the User’s expense. The return of the Products must take place within the maximum term of 14 (fourteen) working days starting from the date of receipt of the Product. Such shipment is under the full responsibility of the User until the acknowledgment of receipt by Binar and of compliance with the pre-established requirements. Binar will not be liable in any way for theft/loss/damage of goods returned by uninsured shipments.
18.4 Once Binar has received the return of the Product and verified its integrity, it will, in the shortest possible time, credit the price, as indicated in the accounting documentation sent to the User, in the manner indicated in the notice of withdrawal, of the returned Product.
18.5 The Parties expressly acknowledge that Users who purchase with a VAT number will not be able to exercise the right of withdrawal.