GENERAL TERMS AND CONDITIONS OF SALE
1 General Terms and Conditions of Sale for products purchased online at www.benedettaboroli.com
The following General Terms and Conditions of Sale regulate the offer and the sale of products on this website, www.benedettaboroli.com (also, alternatively, "BenedettaBoroli" or the "Site").
You can request any information and/or send communications and/or file complaints about sales, purchase orders, products, payments and shipping by contacting the BenedettaBoroli Customer Service ("Customer Service"), with the procedures laid down in Article 12.
1. Scope
1.1 The sale of products through the Site ("Products") constitutes a distance contract governed by Section I, Title III (Articles 45 et seq.) of the Legislative Decree No 206 of 6 September 2005, ("the Italian Consumer Code") and Legislative Decree No 70 of 9 April 2003, containing the regulations on electronic commerce.
1.2 These General Terms and Conditions of Sale apply to all sales made on the Site.
1.3 The General Terms and Conditions of Sale may be changed at any time. Any changes and/or new terms and conditions shall be effective as soon as they are published in the "Terms and Conditions of Sale" section of the Site. For this reason, Customers are kindly requested to log in regularly to the Site and, prior to making any purchase, to read the most recent version of the General Terms and Conditions of Sale. The applicable General Terms and Conditions of Sale are those in force at the date on which the purchase order was sent. .
2. Purchase and Registration on the Site
2.1 Access to sales made through the Site is reserved exclusively to Customers ( the "Customers" ) who have reached the age of 18 and who are registered on the Site by creating an account.
2.2 Registration on the Site is free. To register on the Site, the Customer must complete the registration form.
2.3 The Site reserves the right to refuse or cancel orders that come from (i) a Customer with whom a legal dispute is pending; (ii) a Customer who has previously violated these General Terms and Conditions of Sale and/or the conditions and/or terms of a purchase agreement with the Site; (iii) a Customer who has been involved in any kind of fraud and, in particular, in credit card fraud; (iv) Customers who have issued false, incomplete or inadequate identification data or who have not promptly sent BenedettaBoroli any documents the latter may have requested or who have sent invalid documents; (v) Customers who do not provide sufficient solvency guarantees.
3. Conclusion of contract and delivery of products
3.1 To purchase products on the Site the Customer must register to it, prior acknowledgment of the privacy notice and the acceptance of its GTCS.
3.2 By clicking on "Buy" or "Place Order" , the Customer places a binding order for the items in the virtual shopping cart
At the same time Customers are shown and sent, by e-mail, an order code and a payment transaction code with all the details of the purchase.
Following the registration of the order form and having the authorization to pay the total amount due been received, the Site shall send the Customer the order confirmation, by e-mail, to the provided e-mail address.
The purchase agreement shall be concluded between BenedettaBoroli and the Customer only when the latter has received an order confirmation by e-mail.
3.3 Orders will be shipped as soon as BenedettaBoroli receives the full payment of the purchase price and any shipping fees, where specified.
3.4 Every time a product that was ordered is not available, without prejudice to the rights granted to the Customer by law, the Customer shall be promptly informed by e-mail. The Customer shall therefore be entitled to terminate the contract immediately, in the event the payment of the amount due for the product has already taken place, BenedettaBoroli will reimburse this amount without undue delay and, in any case, within a period of no more than 15 working days from the order dispatch. The amount of the refund shall be communicated to the Customer by e-mail. This amount will be credited to the same payment method used by the Customer for the purchase. Possible delays may depend on the bank, the type of credit card or the payment solution used. In any case, the currency date will be the same as the debit date.
4. Prices, shipping and delivery
4.1 All Product Prices are expressed in Euro (€) and are understood to be inclusive of the Value Added Tax ("VAT"). Any shipping charges and any other charges, including VAT and expressed in Euros (€), shall be specifically and separately indicated in the order form before the Customer transmits the order, as well as in the e-mail containing the order confirmation.
5.2 The price of the Products may be changed at any time, without notice, provided that the price charged to the Customer shall be the price published on the information sheet which illustrates the main features of the Product ("Product Sheet" ), at the time the order is placed.
5.3 Orders will be processed and/or shipped by BenedettaBoroli from Monday to Friday from 9.30 to 17.30. Orders made during the weekend will be processed starting from the first following working day.
5.4 BenedettaBoroli performs deliveries on Italian territory and in the following countries of the European Union (Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Malta, Holland, Poland, Portugal, Principality of Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, and Spain).
Delivery times are expressed in working days; all days between Monday and Friday, included, shall be understood as such, excluding any public holidays.
5.5 Delivery on the Italian territory is free* and shipping times vary from 3 to 5 working days;
Shipments outside Italy and to EU countries are subject to a charge of 25 Euros and delivery times vary from 5 to 7 working days;
5.6 Please note that the times of delivery and/or shipping of the goods are subject to changes not attributable to BenedettaBoroli or due to events of force majeure, including, but not limited to: strikes, natural disasters, situations external to the company etc. etc.
5.7 During periods of sales, promotions, events or festivities, shipments may be delayed or may take longer, entirely beyond BenedettaBoroli's control.
* Shipments in Italy during the sales period are subject to a charge of 8 Euros.
Purchase Orders - Product Information
6.1 BenedettaBorli shall proceed to carrying out the Purchase Order, and shall ship the Purchased Product only after having received the confirmation of the authorization to pay the total amount due, consisting of the purchase price, shipping fees, if applicable, and any other additional charges, as indicated in the order form ("Total Amount Due"). Where the Total Amount due is not paid, or where the successful completion of the payment is not confirmed, the purchase contract shall be therefore automatically terminated within the meaning and for the purposes of Article 1456 of the Italian Civil Code. The Customer shall be notified with regard to this resolution and the consequent cancellation of the order immediately after the order is transmitted via the Site.
6.2 The Products shall remain the property of BendettaBoroli until having received the Total Amount by the Client. The risk of loss or damage to the Products, due to a cause not attributable to BendettaBoroli shall, instead, be transferred to the Customer when the latter, or a third party designated by them, other than the carrier, is physically in possession of the Products concerned.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions found on the Site reproduce the features of the Products as faithfully as possible. Product colours, however, may differ from actual ones due to the computer system or computer settings used by Customers for their display. Product Images on the Product Sheet may also differ in size or in relation to any accessories. Such images should therefore be considered as indicative and feature the tolerances regarding use. For the purposes of the purchase contract, the Product description contained in the order form sent by the Client shall prevail.
7.Payment
7.1 The Site accepts Payments made by Maestro, Mastercard, Visa, PayPal, Amex.
7.2 Upon payment confirmation by the bank, BendettaBoroli shall forward to the Customer an e-mail containing the payment confirmation payment and an order identification number. Upon completing the shipment of the goods, the Site shall send the Customer a further e-mail with the data required for the traceability of the parcel.
8. Application of Promotional Vouchers
Promotional vouchers:
• may have a value expressed in% or fixed amount;
• cannot be purchased by Customers but are offered by BenedettaBoroli as part of promotional campaigns;
• can be used for a limited period of validity.
Some promotional vouchers can be applied to all the goods in the virtual cart; others shall only be applied to the single product. Promotional vouchers can be used:
• only once, in relation to a single order;
• within the specified period of validity.
Furthermore, some promotional vouchers may be excluded from purchasing certain products or the use of a voucher may be subject to a minimum level of expenditure.
If the amount of the voucher is not sufficient to cover the value of the product/s ordered, the difference can be paid through with the procedures indicated in Article 7.
Promotional coupons cannot be cumulated for the same order or transferred to third parties, and they can be used only if the order is finalized. Moreover, they cannot be used retrospectively.
If, during the order, the Customer used a promotional voucher and the total value of the order - due to the Customer's withdrawal - is less than the value of the promotional voucher, the Site reserves the right to invoice the original price of the goods remaining in the possession of the Customer.
BenedettaBoroli may limit the use the aforementioned vouchers to the achievement of a minimum expenditure threshold, shipping costs are excluded from the calculations of this threshold.
9. Order Cancellation and Cooling-off Right
The Customer may choose to cancel the order at any time before being notified that the Product has been shipped. To exercise this right, the Customer shall write an email to the address specified in the following Article 12. Upon receipt of the request, BenedettaBoroli shall cancel the order and refund the amount paid within 15 days from the date on which the request was received by the Site.
10. Right of Withdrawal
10.1 According to Article 49 et seq. of the Italian Consumer Code (Legislative Decree No 206/2005), the Customer has the right to withdraw from the contract without stating any reason by and no later than 15 days from the day when the Customer or a third party, other than the carrier, acquires the material possession of the purchased goods.
10.2 In order to properly exercise the right of withdrawal, the Customer may use the withdrawal form to be requested directly at the email address info@benedettaboroli.com, and send it by registered mail to Benedetta Boroli, Via Gorani, 7 20123 Milan.
Following receipt of the withdrawal request, Benedetta Boroli shall send notice to the Customer by email to confirm it.
10.3 Within 15 days from sending the request of withdrawal, the Customer must return the goods to BenedettaBoroli by means of the same carrier that has delivered them in the first place, at their own expense. The goods shall be shipped as follows:
• Properly packed in their original package, not ruined, damaged or soiled and accompanied by all the possible accessories and documentation, without evident signs of use;
• Accompanied by the original shipping document (located in the original package), enabling BenedettaBoroli to uniquely identify the Customer (Order number, name, surname and address);
10.4 Upon termination of this contract, BendettaBoroli shall, without undue delay, refund the price paid at the time of purchase to the Customer, including the standard shipping fees, on receipt of the goods in question or upon receipt, by the Customer, of the proof of dispatch, depending on which situation occurs first. Where the customer, if available, chooses a type of delivery other than the standard one, the refund shall only include the standard shipping fee.
10.5 In the event that the Product for which the withdrawal right is exercised has suffered a diminished value resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product, the refunded amount shall be reduced proportionally. BenedettaBoroli shall notify the Customer within 10 working days of receipt of the Product with regard to the situation and the consequent reduced refund.
10.4 10.4 In the event that the withdrawal right has not been exercised in accordance with applicable regulations, it will not result in termination of the contract and, consequently, shall not entitle any refund. BenedettaBoroli shall notify the user within 10 working days of receipt of the Product, rejecting the request to withdraw. If the Product has already been delivered at BenedettaBoroli, it shall remain there, and it will be at the Customer's disposal for pick-up, which shall have to take place at the expense and under the responsibility of the Customer.
10.5 The refund shall be made by using the same payment method used by the Customer for the purchase. In any case, the Customer shall not be required to bear any costs as a consequence of such refund, except for any shipping fees for the return of the goods. .
11. Legal Warranty of Conformity
11.1 All the products sold on the Site are covered by the Legal Warranty of Conformity as provided by Articles 128-135 of the Legislative Decree No 206/2005 ("Italian Consumer Code") ( "Legal Warranty").
11.2 The Legal Warranty is reserved to consumers.
11.3 In order to benefit from the Legal Warranty, the Customer must first provide proof of the date on which the purchase and the delivery of the goods took place. It is therefore advisable, to prove the purchase, for the Customer to keep the invoice sent by BenedettaBoroli or any other document attesting to the date of purchase (for example, the credit card statement of account) and the date of delivery.
11.4 A patent defect exists when the purchased good:
- is not suitable for performing the function for which goods of the same type are normally used;
- does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample or model;
- does not display the features and performance that are normal for a good of this type, which the consumer could reasonably expect, considering the declarations made in the advertising or on the labelling;
- is unsuitable for the specific use desired by the consumer who informed the seller at the time of the completion of the contract, culminating in the seller's acceptance of the situation.
In case of a patent defect reported within the prescribed period, the Customer is entitled:
- firstly, to the repair or free replacement of the good, according to preference, unless the requested solution is objectively impossible or excessively onerous with respect to the other one and, therefore, in the specific case, given the nature of the sale, to the replacement, where possible, depending on the number of articles still available for sale;
- secondly (in cases where repair or replacement are impossible or excessively onerous or where repair or replacement have not been made within a reasonable period of time or where the repair or replacement have caused significant inconvenience to the consumer) to the reduction in the price or to the rescission of the contract, according to the preference of the Customer.
11.5 If a Product purchased on the Site, during the period of validity of the Legal Warranty, should display what could be a patent defect, the Customer must contact the Customer Service, using the contact details and with the procedures laid down in Article 12. BenedettaBoroli will promptly reply to the communication regarding the alleged patent defect and inform the Customer of the next steps that they should take, also in order to arrange the delivery of the product, taking into consideration the type of product and/or the reported defect.
11.6 In the event of termination of the contract, BenedettaBoroli shall refund to the Customer the total amount paid, consisting of the purchase price, shipping fees and any other additional charges. In the event of a price reduction, BenedettaBoroli shall refund the amount of the reduction, previously agreed upon with the Customer.
The amount of the refund or reduction shall be communicated to the Customer by e-mail and credited to the payment method used by the Customer for the purchase.
11.7 BenedettaBoroli shall not be held liable for damage, of any kind, resulting from the improper use of the Product or not in accordance with the instructions provided by the manufacturer as well as for damage caused by accident or force majeure.
12. Customer Service
12.1 The Customer may contact BenedettaBoroli's Customer Service, active from Monday to Friday, from 9.30 to 18.30, at the e-mail address info@benedettaboroli.com
12.2 Requests received outside the above-mentioned times shall be processed starting with the first following working day.
13. Applicable Law and Jurisdiction - Alternative Dispute Resolution/Online Dispute Resolution
13.1 These General Terms and Conditions of Sale together with information provided pursuant to Article 49 of the Italian Consumer Code, prior to the user being bound by the contract, represent the entirety of the agreements between BenedettaBoroli and the Customers with reference to the contracts concluded through the Site.
13.2 Contracts concluded between the users of the Site and BenedettaBoroli are governed by Italian law. This is without prejudice to the application, to consumers who do not have their habitual residence in Italy, of the most favourable and indispensable provisions provided for by the law of the country in which they are habitually resident, in particular in relation to the deadline for exercising the right of withdrawal and the deadline for returning Products, if the Customer exercises this right, the form and the conditions for its communication and for the legal warranty of conformity.
13.3BenedettaBoroli also informs the user with consumer status according to Article 3(1)(a) of the Italian Consumer Code, that a European platform for online resolution of consumer disputes (the so-called ODR platform) was established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/; via the ODR platform, the user-consumer will be able to access the list of ADR bodies, find the link to each of them and initiate an on-line dispute resolution of the proceedings in which they are involved.