General Terms and Conditions
(Pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 as amended and supplemented)
1. Background and effectiveness of the General Conditions
These general conditions of sale (hereinafter, "General Conditions") have as their object the regulation of the purchase of products and services, made at a distance and made available, through the Internet, from the site www.boella.it (hereinafter, the "Site") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The seller of the products and owner of the Site is: Boella & Sorrisi srl with registered office in Via Poliziano 54 - 10153 Torino P.IVA and C.F. 11136910012 and registration with the Register of Companies of Torino n.TO - 1190448 - E-mail address: email@example.com
The consumer who accesses the Site to make purchases (hereinafter "Customer") is obliged, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and that will be accessible at all times by the Customer also through the link contained in the confirmation email of each order to allow him to reproduce and store them.
If the Customer purchases courses or events organized in the stores belonging to the Boella & Sorrisi group on the Site, in addition to these General Terms and Conditions, and if necessary in derogation of them, the Regulations of the Courses of the stores that the Customer agrees to read, available here, will apply.
In the event that the person who makes purchases on the Site requires the issuance of an invoice and/or is otherwise not a "consumer or user" as defined in Article 3, paragraph 1, letter a), of the Consumer Code, the rules on withdrawal set out in Articles 7 and 8 of these General Conditions or, more generally, the provisions that under the same Consumer Code apply only to "consumers" will not apply.
Contracts concluded with Boella & Sorrisi through the Site are governed by these General Conditions in accordance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and Ordering Products
The features and price of the various products for sale on the Site (hereinafter referred to as "Product" or "Products") are shown on the page for each Product.
By submitting the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure and fully accepts these transcribed General and Payment Conditions.
The contract entered into between Boella & Sorrisi and the Customer must be considered concluded with the acceptance of the order by Boella & Sorrisi. Such acceptance is communicated to the Customer through an email confirmation of the order itself containing a reference to these General Conditions, the order number, shipping and billing information, the list of the Products ordered with their essential characteristics and the total price, including delivery charges. The Customer will check the confirmation email and if he/she identifies errors in the order he/she will have 12 hours from the receipt of such email to contact Customer Service directly from the email by writing to firstname.lastname@example.org. After that time, the order will be put into processing for shipment and no further changes will be accepted, without prejudice to the Customer's rights under Article 7 below.
Upon receipt of the order Boella & Sorrisi reserves the right to check the actual availability of the products ordered, if only a few Products are not in stock, Boella & Sorrisi will process the order with the available Products. In case of one or more missing products, the information regarding the final charge or refund will be contained in the shipping confirmation email and will vary depending on the payment method used.
Only in case of payment by Credit Card, Pay Pal or Gift card, authorization for the exact amount of the charge will be requested at the time of order. At the time of shipment, only the cost of the products actually sent will be charged and any pre-authorized and unused amounts will be released on the payment method chosen by the Customer in a short time, according to the timing provided by the payment method itself.
3. Product Information
Information and features about the Products are available, with their Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet shall always prevail.
4. Prices and Shipping
Product prices include all taxes and duties. All prices are in Euros.
- Shipping in Italy:
Throughout Italy shipping is free for orders over €50.00, for lower amounts the shipping cost is €8.00.
• Spedizioni all’Estero:
Il costo della spedizione all’estero è di 30,00 € per i paesi UE (< di 5 kg) – extra UE 50,00 euro (Russia 100,00 €) – UK 70,00 € – Stati Uniti 150,00 € – Australia 100,00 €
5. Payment and billing arrangements
5.1 Payment Methods
The Customer may make payment for the price of the Products and related delivery charges by credit card, PayPal, Nexi, prepaid cards.
- Credit Card
The circuits on which you can purchase within the Site are:
To ensure maximum security, the Customer will make the payment transaction directly on the bank's secure server.
The Site does not store the Customer's credit card number, but thanks to the secure communication system of the Reference Credit Institution, from the second expenditure, the Customer who wishes to do so - by selecting the appropriate option - will be able to proceed with the purchase without entering his data again. The Reference Credit Institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser.
Once the order has been confirmed, the Customer will be redirected to PayPal's website where he/she can make the payment with his/her account or by using a card, including a prepaid card, or otherwise in the manner accepted by PayPal and in accordance with its terms.
- Gift Card
The Customer must enter the Gift Card information after choosing this payment method in the purchase process.
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request the issuance of an invoice by checking the appropriate box during the order process and entering the invoicing data including tax code and/or VAT number. In this case the invoice will be sent via email to the address indicated. The professional is responsible for the correct entry of the billing data and is expressly informed that if the invoice is not requested during the order process, it will not be possible to request it later.
6. Transportation and Delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase process in the appropriate "Shipping Information" field.
All purchases will be delivered by express courier (hereafter, "Courier") Monday through Friday, excluding holidays and national holidays. Boella & Sorrisi is not responsible for delays that are unforeseeable or beyond its control.
Once the Products have been shipped, the Customer will receive a confirmation email including a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days from the day following the day on which Boella & Sorrisi confirmed the order to the Customer by means of a special order confirmation email.
- Active delivery services in Italy:
The service includes 2 delivery attempts at the address given when ordering. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by phone at the telephone number provided, to arrange delivery. If it cannot be traced or is absent, the goods will return to the warehouse.
- Active delivery services abroad:
Overseas shipments may be made with different couriers depending on the country of destination in order to ensure the best available rate for the Customer.
Countries in which the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Monaco, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain (except Canary Islands and Ceuta and Melilla), Sweden, Hungary, Switzerland, Iceland, Norway, Leichteinstein, Russia, Australia, and the United States.
7. Right of Withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without penalty, subject to the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Boella & Sorrisi a notice within 14 days from the date of receipt of the Products, the notice of withdrawal may be sent at any time prior to their receipt to the email address email@example.com
Such notice should be sent by registered letter with return receipt, addressed to:
c.a. Returns and Refunds Office
Boella & Sorrisi srl
Via Poliziano 54 - 10153 Turin - Italy
Boella & Sorrisi's Customer Service will, once received the communication, open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place via courier indicated by Boella & Sorrisi itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product consists of several components or parts, it is not possible to exercise the right of withdrawal only on part of the Product purchased.
II. In case of exercise of the right of withdrawal Boella & Sorrisi will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to Boella & Sorrisi's right to suspend payment of the refund until actual receipt of the goods. The refund will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method.
III. Also in order to be able to guarantee free return under Article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Foreword (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
- order of Products made to measure or clearly customized;
- order of Products that are likely to deteriorate or expire quickly;
- order of sealed Products that are not suitable to be returned for hygienic reasons or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that are "likely to deteriorate or expire rapidly" include both all Food Products (including wines and beverages) as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to Boella & Sorrisi and put back on the market without danger to the health of consumers (such as gadgets, kitchen utensils, textiles, etc.).
In cases of exclusion of the right of withdrawal, Boella & Sorrisi will return the purchased Products to the Customer, charging the same for shipping costs.
8. Free Returns in the Event of Exercise of the Right of Withdrawal
As a more favorable condition for the Customer, Boella & Sorrisi keeps the shipping costs for the return of the Products in the event of the exercise of the right of withdrawal fully at its own expense.
In order to benefit from such free shipping, The Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Boella & Sorrisi to arrange the return of the Products to the courier.
9. Cancellation or change of shipping address of the order
The Customer may cancel or request a change of shipping address of the order within 12 hours of the conclusion of the order; after this deadline, the order will be put into processing and it will no longer be possible to request cancellation or change of shipping address.
The Customer must contact Customer Service directly from the Site using the appropriate contact form accessible through the footer of the site under "Contacts".
Boella & Sorrisi reserves the right to cancel the order in case of unforeseeable difficult situations, informing the Customer by email, or, upon agreement with the same, change the day and/or time of delivery.
10. Warranty and Conformity Defects
In case of conformity defects of Products sold by Boella & Sorrisi, the Customer should immediately contact Customer Service using the mailbox firstname.lastname@example.org
The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at its option and provided that the type of the Product allows it, to the restoration, without charge, of the conformity of the Product by repair or replacement, or to an appropriate price reduction or termination of the contract.
The Customer forfeits these rights if he/she does not report the lack of conformity to Boella & Sorrisi within the period of five days from the date on which he/she discovered the defect, unless the Product is by its nature perishable or subject to expiration in a shorter period, in which case the defect must be reported within this reduced period.
11. Errors and Limitations of Liability
The information regarding the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which, therefore, Boella & Sorrisi cannot be held responsible, except in cases of willful misconduct or gross negligence.
Boella & Sorrisi reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code.
Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.
Any complaint must be forwarded to Boella & Sorrisi using the contact form accessible directly on the Site via the "Customer Service" tab, or by registered mail with return receipt to the following email address: email@example.comBoella& Sorrisi undertakes to respond to all requests received within a maximum of 7 working days.
13. Online consumer dispute resolution (ADR and ODR)
According to Article 49 paragraph 1 letter V of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the customer can make use of the Joint Conciliation Procedure. The Procedure can be initiated if the consumer after submitting a complaint to the company, within 45 days, has not received a response or has received a response not deemed satisfactory by him.
The customer who decides to avail himself of the Joint Conciliation Procedure is obliged to forward the application to: firstname.lastname@example.org or fax number 02/87181126.
Pursuant to Article 14 of Regulation 524/2013 the user is informed that in the event of a dispute he/she may file a complaint by means of the ODR platform of the European Union that can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
14. Applicable law and competent court
The contract of sale between the Customer and Boella & Sorrisi is concluded in Italy and governed by Italian Law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders if the Customer is a consumer under the Consumer Code, the court of his town of residence or domicile will have exclusive jurisdiction if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other jurisdiction excluded.
Pursuant to Article 1341 of the Civil Code, the Customer declares that he/she has read and specifically accepts the following articles of these General Terms and Conditions: 6 (liability for late delivery), 10 (right to correct errors - exclusions of liability).