Terms and Conditions

SUBJECT MATTER AND DEFINITIONS

These general terms and conditions of contract (the “General Conditions”) contain the terms and conditions that regulate the remote sale, via electronic means, by BGEK Srl with registered office in Via Uberto Visconti di Modrone 7 – 20122 Milan (the “Company”), of products such as vehicle miniatures and collectibles (“Products”), offered for sale via the website www.1-64specialist.com (the “Platform”) and at the economic conditions indicated therein, in favor of the natural person who makes the purchase for purposes not related to any commercial or professional activity carried out (the “User”). By proceeding with the purchase of the aforementioned Products, via the procedure provided by the Platform, the User declares to accept the General Conditions.

For the purchase of Products by natural or legal persons for purposes related to the commercial and professional activities of the aforementioned subjects, please contact the Company directly.

The Company does not maintain any commercial relationship with any third parties whose trademarks and/or information (“Brands”) belong to their respective owners.

  1. In addition to the terms defined elsewhere in the General Conditions, for the purposes of these General Conditions, the following are defined:
  • “Account”: means the User's personal profile on the Platform, whose personal data are processed in accordance with the methods indicated in the Privacy Policy on the Platform;
  • “Force Majeure”: by way of example and without limitation, causes of force majeure include lockouts, strikes, wars, fires, epidemics, pandemics or any other event beyond the reasonable control of the Company and which prevents the full and correct fulfillment of the obligations set out in the General Conditions;
  • “Rights”: means the intellectual property rights inherent to the Products, such as trademarks, logos, and any other content that may be the subject of proprietary rights and/or any other intellectual property right relating to the Products and the Platform, of exclusive ownership and/or in any case available to the Company, with the express exclusion of anything relating to the Brands ;
  • “Registration”: procedure for filling out the form provided for the creation of the Account;
  • “Services”: means the Services offered on the Platform relating to the Products, such as, by way of example and not limited to, customizations, integrations and modifications.

CONCLUSION OF THE GENERAL CONDITIONS AND PURCHASE/DELIVERY OF THE PRODUCTS

  1. The User declares to have read and expressly accepted the General Conditions when using the Platform and/or registering to it by creating an Account and/or purchasing one or more Products. In relation to the sale of the Products, the contract between the Company and the User must be considered concluded following Registration and sending the completed purchase form after inserting the selected Products into the electronic cart following the purchase procedure provided by the Platform.
  1. If the User does not intend to accept even one of the terms and conditions of the General Conditions, he is invited to refrain from Registration and purchasing the Products.
  1. The User acknowledges and accepts that the Company reserves the right to modify the General Conditions at any time, at its own discretion, by making the User aware of this by publishing it on the Platform. The mere visit to the Platform after the modification will be considered as complete acceptance by the User of the modification itself. The User acknowledges and accepts, therefore, that it will be his/her responsibility to periodically check the Platform in order to verify the presence of any modifications to the General Conditions.
  1. The Company will deliver the Products ordered and paid for by the User according to the methods chosen by the User during the purchase phase and/or otherwise indicated on the Platform. Without prejudice to the foregoing, the User acknowledges and accepts that the shipping times indicated on the site are merely indicative and may vary from the day following the order to a maximum of 30 (thirty) days from the confirmation of the same. Until the expiry of the aforementioned period of 30 (thirty) days, the User hereby waives any claim, including for reimbursement or compensation, against the Company.
  1. Upon delivery of the Products, the User is required to verify that the number of packages delivered corresponds to that indicated in the transport document attached to the Products shipped and that the packaging is intact and unaltered, including the sealing tapes present. In the event that the Products delivered present any damage presumably caused by transport, the User must refuse delivery and promptly notify the Company in writing, at the address Via Uberto Visconti di Modrone 7 – 20122 Milan, which will make the necessary complaints to the carrier and make a new shipment once the disputed goods have been returned. In the event that the User decides to accept delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his/her rights he/she must necessarily contest the unsuitability of the packaging, writing “ Reservation of control of goods due to… ” and indicating the reason for the reservation in question on the delivery document of the carrier, of which he/she must retain a copy to then send to the Company.

COMPLETING REGISTRATION AND PAYMENTS

  1. To finalize the purchase of the Products, the User undertakes to pay the price. To proceed with the payment of the Products, the User must follow the instructions on the Platform, use the appropriate page made available by the Company and enter all the data required for shipping and invoicing. The User acknowledges and accepts that payments and all management of the data necessary to make the payment will be managed by third-party companies with respect to the Company, chosen and modified by the latter at its sole discretion. At no time during the purchase procedure referred to above is the Company able to know the information relating to the User's credit card. In no case can the Company therefore be held responsible for any fraudulent and improper use of credit cards and for the management of the data necessary for payment by third parties.
  1. In case of payment by credit card or other electronic payment systems, at the same time as the online transaction is concluded, the relevant payment gateway will authorize only the amount relating to the purchase made. The relative amount will be charged to the User's credit card at the time of purchase.
  1. In the event of cancellation of the purchase made by credit card by the User, in compliance with the provisions of the General Conditions, the payment gateway will cancel the transaction and release the amount committed. The release times, for some types of credit cards, depend exclusively on the payment gateway system and can reach their natural expiration (24th day from the date of authorization). Once the transaction has been cancelled, the User acknowledges and expressly accepts that in no case can the Company be held liable for any damages, direct or indirect, caused by a delay in the failure to release the amount committed by the payment gateway.
  1. The Company reserves the right to request additional information from the User (e.g. identification document) or the sending of a copy of documents proving ownership of the credit card used. In the absence of the requested documentation, the Company reserves the right not to accept the order.
  1. The User acknowledges and accepts that it will be his/her responsibility, during Registration, to indicate any reference to the tax code and/or VAT number and/or other data for billing in the event that the User wishes to issue an invoice with such indication.

INTELLECTUAL PROPERTY RIGHTS

  1. The User acknowledges and accepts that the Products are sold by the Company and does not necessarily imply a connection between the Company and the Brands owning the rights to the aforementioned objects.
  1. Except as necessary to purchase the Products, you may not download, copy, use, transfer, rent, sublicense, loan, modify, adapt, counterfeit, attempt to modify or alter the source code, reverse engineer, decompile, disassemble or otherwise operate on the Products and/or the Platform, in whole or in part.
  1. Unauthorized use, copying, reproduction, modification, republication, updating, downloading, sending by mail, transmission, distribution or duplication or any other abusive use of the Products and/or the Platform and/or anything covered by the Rights, by the User, must be considered prohibited. As a user of the Products, the User undertakes not to use them for illicit purposes and/or in violation of the provisions of the General Conditions and undertakes not to violate the Rights of the Company and/or its third party licensors and/or the Brands.
  1. In relation to the foregoing, the User hereby undertakes to indemnify and hold the Company harmless from any damage or loss directly or indirectly resulting from the use that the User will make of all the subject matter of the Rights in violation of the provisions of the General Conditions.

USER REPRESENTATIONS AND WARRANTIES

  1. The User acknowledges and expressly accepts that, in the event of violation by the User of the law, of third party rights or of the General Conditions, the Company may – at its sole discretion – prevent access to the Platform and/or the Account and/or any other website used by the Company to supply the Products, as well as undertake any other action useful for protecting the rights and interests of the Company.
  1. To purchase the Products, the User must have the necessary equipment and applications such as, for example, Internet services and, in relation to this aspect, the Company cannot be held responsible for any malfunctions, inability to access or poor conditions of use of the Platform attributable, for example, to unsuitable equipment.
  1. You represent and warrant that:
    • of having read and understood the General Conditions;
    • to have understood that the Products are original artistic works, in some cases freely inspired by third-party objects, such as Brands, in no way connected to the Company;
    • of having understood that there is no connection and/or other commercial relationship between the Company and the Brands;
    • who will print a copy of the General Conditions following the purchase of the Product;
    • that has the necessary powers to act for the purposes set out therein and has the capacity to act and enter into legally binding contracts;
    • of having chosen a secure and complex password during the Registration phase on the Platform;
    • that it will refrain from reproducing, duplicating, copying, using, selling, reselling and in any case exploiting for commercial purposes the Products, the Platform and everything that is the object of the Rights;
    • that it will refrain from any form of use, direct and/or indirect, of the Products and the Platform that is contrary to the law or does not comply with the provisions of the General Conditions;
    • that will not use spamming, chain letters or pyramid schemes;
    • that you will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar computer threats through the Platform;
    • that you will not use software or other automatic or manual mechanisms to copy or access the pages offering the Products and/or their content.

LIABILITY – LIMITATION OF LIABILITY IN FAVOUR OF THE COMPANY

  1. You acknowledge and agree that:
    • the Company cannot be held liable for defective Products if the defect is due to the conformity of the Products to a legal provision or a binding provision or if the state of scientific and technical knowledge at the time the Company put the Products on sale did not yet allow them to be considered defective;
    • the Company cannot be held responsible if the User is aware of the defect of the Product and the danger resulting from it but exposes himself to it voluntarily;
    • the Company cannot be held responsible for defects resulting from bad and/or incorrect and/or improper use of the Products, from external causes (e.g. falls, impacts) and/or from the User's carelessness;
    • except where expressly specified in the General Conditions, the Company does not make any representations or warranties, express or implied, regarding the Products;
    • for the purposes of a request for reimbursement and/or compensation to the Company, the damaged User must prove the defect, the damage and the causal link between the defect and the damage;
    • the Company is liable for any lack of conformity that becomes apparent within 2 (two) years of delivery of the goods, but the User loses any right in this regard if he does not report the lack of conformity to the Company within 2 (two) months of the date on which the defect was discovered. In any case, in the event of lack of conformity, the User may request, alternatively and without charge, the repair or replacement of the Product by sending the Company a communication by registered mail with return receipt to the address Via Uberto Visconti di Modrone 7 – 20122 Milan or PEC bgek@pec.it;
    • Products that show clear signs of tampering or faults caused by improper use or by external agents not attributable to manufacturing faults and/or defects are not covered by the warranty.
  1. Except in the case of willful misconduct or gross negligence, the User i) acknowledges and accepts that the Company shall not be liable in any way to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and/or borne by the User in connection with the Products and ii) hereby waives any claim, including for reimbursement or compensation, against the Company . Without prejudice to the foregoing, the Company shall not be liable in any way to the User for any delays or failures to fulfill its obligations in relation to the Products in the event that such delays or failures arise from Causes of Force Majeure.
  1. The Company is not necessarily affiliated and/or partnered with the natural and/or legal persons who own the websites to which links exist within the Platform and is not responsible in any way for the content of such websites. Such links are made exclusively for the convenience of the Users and access to such sites occurs at the discretion and exclusive responsibility of the Users themselves. A link from the Platform to any other website does not imply that the Company approves, supports or recommends in any way said website or has any control over any element of the content of said website.

INDEMNIFICATION

  1. The User undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees from any damage, liability, cost, charge or expense, including legal fees, arising from claims by third parties resulting from the use by the User of the Products in a manner not compliant with the General Conditions and/or violations of the provisions set forth therein, including the declarations and warranties referred to in the relevant paragraph of the General Conditions.

PRIVACY

  1. Company Obligations towards Users. In fulfilling its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the amendments provided for by Legislative Decree 101/2018 (hereinafter, the “Code”) and EU Reg. 2016/679 (hereinafter, the “Regulation”; the Code and the Regulation together, the “Privacy Law”) and, to this end, undertakes to adopt all physical, logistical and organizational security measures necessary and adequate to guarantee respect for the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.
  2. The personal data of Users are processed using manual and computerized tools, with logic strictly related to the processing purposes described in the Privacy Policy and, in any case, in a way that guarantees the security and confidentiality of the data. The User accepts that the Company has the right to access, store, transmit, use and process all the information provided in accordance with the terms of the Privacy Policy.
  3. To better understand how the Company uses Users' personal data, the User is invited to consult the Privacy Policy.

ASSIGNMENT

  1. The User may not assign the General Conditions, either in whole or in part, to third parties.

DURATION and SURVIVAL OF CLAUSES

  1. The General Conditions are effective from the date of acceptance thereof and will remain in force unless terminated early in the terms described in the General Conditions and as provided below.
  1. The following clauses of the General Conditions will remain valid and effective even after the termination of the effects of the General Conditions: User Declarations and Warranties; Liability - Limitation of Liability in Favor of the Company; Applicable Law and Competent Court; General Clauses.

RIGHT OF WITHDRAWAL (AND WAIVER)

  1. If the User intends to exercise the right of withdrawal provided for by the Consumer Code, without any penalty and without specifying the reason, the decision to exercise this right must be communicated to the Company within 14 (fourteen) days of receipt of the Products. In the case of separate delivery of multiple Products purchased by the User with a single order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day on which the last Product is delivered to the User.
  1. If the User selects Services in relation to the Products purchased, the User waives the possibility of exercising the right of withdrawal and is therefore invited to verify the correctness of what has been requested (by way of example and not limited to, the characteristics of the customization of a Product) before completing the purchase. No refunds will be made in relation to the purchase of Products to which Services have been combined and the User waives from now on any claim in this regard.
  1. Without prejudice to the preceding article, the right of withdrawal is exercised:
  • by sending the Company a communication containing the intention to exercise the right of withdrawal via email to the address: info@1-64specialist.com; the aforementioned communication must contain i) the specification of the Products for which the right of withdrawal is to be exercised and ii) a copy of the documentation proving the purchase;
  • by sending the Products to the Company, within 14 (fourteen) days from sending the communication referred to in the previous point, to the following address: Via Uberto Visconti di Modrone 7 – 20122 Milan C/O BGEK SRL

The Products for which the right of withdrawal is exercised must be returned intact, in their original packaging, complete with accessories and any manuals and everything present in the original packaging.

Failure to comply with all of the above will prevent the Company from processing the withdrawal request and, consequently, from refunding the amount of the returned Products. In this case, therefore, the User will have the exclusive right to obtain, at his/her own expense, the Product in the state in which it was returned to the Company. Otherwise, the Company may retain the returned Products as well as the sums already paid by the User for the relative purchase.

The Company reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal.

  1. You acknowledge and agree that:
    • unless otherwise indicated on the Platform, the return, shipping and transport costs of the Products are the responsibility of the User;
    • In the event of cancellation of the order of the Products before shipment by the User, the Company will have the right to sell the Products which are the subject of the cancelled order to third parties and will not be responsible for the User's failure to obtain the same.

RESOLUTION

  1. The Company, pursuant to art. 1456 of the Italian Civil Code, may terminate the General Conditions with immediate effect, by simply sending written notice to the User, including by email, if the User has violated one or more of the following provisions of the General Conditions: Finalization of Registration and Payments; Intellectual Property Rights; User Declarations and Guarantees; Assignment. In any case, the Company's right to compensation for damages remains intact.

APPLICABLE LAW AND JURISDICTION

  1. The General Conditions are entirely governed by Italian law.
  2. Without prejudice to the provisions established for the protection of consumers in terms of competent jurisdiction by the Consumer Code, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of the General Conditions and/or in any case in connection with the General Conditions will be under the exclusive jurisdiction of the Court of Milan, with the exclusion of any other, even competing or alternative.
  3. ODR Platform . Pursuant to European Regulation 524/2013, the Company informs the User that in the event of a dispute, he/she may submit a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link http://ec.europa.eu/consumers/odr/ .


GENERAL CLAUSES

  1. Any tolerance by the Company of User behaviors carried out in violation of any provision of the General Conditions does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand correct fulfillment of all the provisions of the General Conditions themselves.
  2. The General Conditions contain the overall agreement reached by the Parties with respect to the subject matter thereof.
  3. If any term or other provision of the General Conditions is declared null, voidable or inapplicable, all other conditions and provisions of the General Conditions will, however, remain fully valid and effective.
  4. The Company and the Users act in full autonomy and independence. The General Conditions do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate work between them.
  5. The User acknowledges and accepts that the following paragraphs of the General Conditions contain some unfair provisions, including the points listed and that therefore, he/she must expressly accept them upon registration, pursuant to articles 1341 and 1342 of the Civil Code : Conclusion of the General Conditions and Purchase/Delivery of Products, points 4, 5 and 6; Finalization of Registration and Payments, point 5; Intellectual Property Rights, point 16; User Declarations and Guarantees, point 19; Liability – Limitation of Liability in Favor of the Company, points 21 and 22; Indemnity, point 23; Survival of the Clauses, point 30; Right of Withdrawal (Waiver), points 32, 33 and 34; Applicable Law and Competent Court, points 36 and 37. The User is invited to carefully read the aforementioned clauses, in particular the points indicated (also in bold in the text) before concluding the purchase of any Product, renouncing any claim in relation to the same, even by way of reimbursement or compensation.