(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction 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, carried out remotely and made available, via the internet, from the website 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, the “Consumer Code”).
The seller of the products and owner of the Site is: Boella & Sorrisi srl with headquarters in Via Poliziano 54 – 10153 Turin VAT number and C.F. 11136910012 and registration in the Turin Company Register n.TO – 1190448 – E-mail address: [email protected]
The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.
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 Conditions, and possibly in derogation from them, the Course Regulations of the stores that the Customer undertakes to read will apply, available here.
In the event that the person making purchases on the Site requests an invoice and / or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.
Contracts concluded with Boella & Sorrisi through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choose and order the Products
The characteristics and the price of the various products for sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the “Cart” and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, must enter the shipping and billing information, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contract proposal, the Customer acknowledges and declares to have read all the information provided to him during the purchase procedure and to fully accept these transcribed General and Payment Conditions.
The contract stipulated between Boella & Sorrisi and the Customer must be considered concluded with the acceptance of the order by Boella & Sorrisi. This acceptance is communicated to the Customer through an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from receiving this email to contact Customer Service directly from the email by writing to [email protected] After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in 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 products available. In the event of one or more products missing, the information relating to 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 will be requested at the time of the order for the exact amount of the shopping. During shipping, 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, if according to the timing provided by the payment method itself.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, usually corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
• Shipping to Italy:
Throughout Italy shipping is free for orders over € 50.00, for smaller amounts the shipping cost is € 6.00.
• Shipments abroad:
The cost of shipping abroad is € 10.00 for EU countries – non-EU 25.00 euros (Russia 40.00 €) – UK 18.00 € – United States 25.00 € – Australia 40.00 €
5. Methods of payment and invoicing
5.1 Payment methods The Customer may pay the price of the Products and the related delivery costs by credit card, PayPal, Nexi, prepaid cards.
• Credit card
The circuits on which it is possible to purchase on the Site are:
Visa / Visa
To ensure maximum security, the Customer will carry out 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 protected communication system of the reference credit institution, from the second expense, the Customer who wishes – by selecting the appropriate option – can proceed with the purchase without re-entering your details. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client’s browser.
Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.
• Gift Card
The Customer must enter the data relating to the Gift Card after choosing this payment method in the purchase procedure.
5.2 Invoicing of orders If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The professional is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. Boella & Sorrisi is not responsible for unforeseeable delays or those not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 7 (seven) working days starting from the day following that in which Boella & Sorrisi confirmed the order to the Customer through a specific order confirmation email.
• Delivery services active in Italy:
BRT / DHL
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, the Courier will contact the recipient of the order by telephone at the telephone number indicated, to arrange delivery. If it is not traceable or is absent, the goods will return to the warehouse.
• Delivery services active abroad:
Express courier Shipments abroad can be made with different couriers depending on the country of destination in order to ensure the customer the best available rate.
Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Principality of Monaco, United Kingdom, Republic Czech, Romania, Slovakia, Slovenia, Spain (except the Canary Islands and Ceuta and Melilla), Sweden, Hungary, Switzerland, Iceland, Norway, Leichteinstein, Russia, Australia, 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 any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Boella & Sorrisi a communication 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 protected]
This communication must 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
Once the communication has been received, Boella & Sorrisi Customer Service will open a file for the management of the return and to communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Boella & Sorrisi itself.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore if the Product is composed of several components or parts it is not possible to exercise the withdrawal only on part of the purchased Product.
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 the right to Boella & Sorrisi to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method.
III. Also in order to guarantee the free return pursuant to 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 Introduction (non-consumer customer and / or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
– order of products made to measure or clearly personalized;
– order of Products which risk deteriorating or expiring rapidly;
– order of sealed Products which cannot be returned for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all food products (including wines and beverages) as the characteristics and the qualities of these types of products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, 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 endangering the health of consumers (such as gadgets, tools for kitchen, textile products, etc.).
In cases where the right of withdrawal is excluded, Boella & Sorrisi will return the purchased Products to the Customer, charging the shipping costs to the Customer.
8. Free Return in case of exercising the right of withdrawal
As a most favorable condition for the Customer, Boella & Sorrisi fully bears the shipping costs for the return of the Products in case of exercise of the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Boella & Sorrisi to agree on the return of the Products to the courier.
9. Cancellation or change of order shipping address
The Customer may cancel or request a change of the order’s shipping address within 12 hours from the conclusion of the order; after this deadline, the order will be processed 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 via the site footer under “Contacts”.
Boella & Sorrisi reserves the right to cancel the order in the event of unpredictable situations of difficulty, by informing the customer by email, or, by agreement with the same, to change the day and / or time of delivery.
10. Warranty and lack of conformity
In case of lack of conformity of Products sold by Boella & Sorrisi, the Customer must immediately contact Customer Service using the mailbox [email protected]
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract.
The Customer loses these rights if he does not report the lack of conformity to Boella & Sorrisi within five days from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced term.
11. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Boella & Sorrisi cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
Boella & Sorrisi reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial, of an order.
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 letter with return receipt to the following email address: [email protected]
Boella & Sorrisi undertakes to respond to all requests received within a maximum of 7 working days.
13. Online resolution of consumer disputes (ADR and ODR)
ADR According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (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 that is not considered satisfactory by him.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the application to the address: [email protected] or to the fax number 02/87181126.
ODR Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may file a complaint via the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to settle disputes arising from sales or online service contracts out of court.
14. Applicable law and competent court
The sales contract between the customer and Boella & Sorrisi is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her municipality of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other competent court excluded.
Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – disclaimers).