General terms and conditions of sale
1.1 These general conditions of sale apply to the purchase of products (hereinafter "Products") through the e-commerce site (hereinafter the "Site") by users qualified as "Consumers" pursuant to the following article 1.2 . The Site belongs to BOTTEGA AL MARE srl, with registered office in the Registered Office: Rivale Filodrammatici 9, 31100 Treviso - VAT and Tax Code: 03995280264 (hereinafter the "Seller").
1.2. Any communication from the "Consumer" connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address: email@example.com
1.3. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer. 1.4. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same:
a) the buyer will not be granted the right of withdrawal referred to in Article 10;
b) the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;
c) the buyer will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law (Article 1470 et seq. C.C.), with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.5. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address stated by the same during registration on the Site or during the purchasing process.
1.6. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer, by placing the order, declares to possess.
2. Characteristics of the products and their availability in the various geographical areas
2.1.The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is placed by the Consumer, with the exclusion of any other conditions or terms.
2.2.The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales. concluded from that date.
2.3.The prices, the Products for sale on the Site and / or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.
2.4The Products available on the Site can only be delivered to one of the following countries: Europe intra CEE, Europe extra CEE, Canada, Saudi Arabia, Russia, United Arab Emirates, India, China, Hong Kong, Japan, South Korea, Australia, New Zeland. 3. How to purchase products - completion of each individual purchase contract 3.1.The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller , is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, it will be possible for the Consumer to carefully read these general conditions of sale and the information on the right of withdrawal, print a copy and store or produce a copy for own personal uses. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3.The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or sending the order if the Consumer is not registered on the Site. , an e-mail confirming the order itself, which will contain the link to the text of these general conditions of sale, the summary of the order placed and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the general conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail communication to the Seller at email firstname.lastname@example.org
3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4. Product selection and purchase procedure
4.1.The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of products is complete, the Consumer will be invited to purchase the items in the cart (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, by means of the appropriate check-box. on the Site and finally, through the "Enter order" button, the Consumer will be asked to confirm his order, which will then be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the procedure for selecting the Products on the Site referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious insertion error or technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service, by sending an e-mail to the e-mail address email@example.com
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to of an obvious insertion error or technical problem occurring on the Site: (a) if the Consumer himself has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, sending a communication in this regard via e-mail, to the e-mail address indicated by the Consumer when transmitting the order and (ii) reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction; (b)if the Consumer has received the Product, the Seller will promptly inform the Consumer via e-mail of the error occurred in the process of completing his order, offering the same, alternatively, to (i) pay in favor of the Seller, no later than over the next 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order , following the instructions contained in the same communication and returning the Product to the Seller, at the latter's expense, no later than the following 14 (fourteen) days, by sending it to BOTTEGA AL MARE srl Piazza Carducci 25 in via Bafile 157 30016 Lido di Jesolo (VE) Italy, damage-free, complete with all its elements and accessories (including the labels and tags unaltered and attached to the product), accompanied by the attached instructions / notes / manuals, the original packaging and packaging and the guarantee certificate and accompanied by the returned, duly completed, which will be attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 30 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.
5. Delivery of goods and acceptance
5.1.The Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following that on which the Consumer has transmitted the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check and in the shortest possible period that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect in the products received or of their discrepancies with the order placed, according to the procedure of referred to in the following art. 8 of these general conditions of sale, failing which, the products will be considered accepted. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery "subject to".
6. Prices, shipping costs, taxes and fees
6.1The price of the Products is that indicated on the Site at the same time as the Consumer sends the order. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the confirmation of the order sent by the Seller to the Consumer and that the same Consumer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2 The Consumer must pay the total price to the Seller, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
6.3 If the Products must be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the products, in order to obtain information on any duties or taxes applied.
6.4 Any additional costs, charges, taxes and / or duties that a given country might apply, for any reason whatsoever to the Products ordered on the basis of these general conditions of sale, are the sole responsibility of the Consumer.
6.5 The Consumer declares to be aware that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous paragraphs. 6.3. and 6.4., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.
7.1.Payment of the price of the Products purchased through the Site must be made within the essential period of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.
7.2. Payment can be made by credit card or bank transfer, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Nexi Payments. S.p.A. Reg. Imprese Milano, Monza Brianza e Lodi, C.F. 04107060966 Membro del Gruppo IVA Nexi P.IVA 10542790968, operator who deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.
7.4. The Seller will issue an electronic invoice where required by law and will send to the customer at the address indicated by the same, the tax receipt or courtesy copy of the invoice relating to the purchase made - if the Products purchased are intended to be delivered in the territory. Italian - or will attach a hard copy to the Products purchased, in all other cases.
8. Legal guarantee of conformity of the seller, reporting of conformity defects and interventions under guarantee
8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Legislative Decree no. 206/2005 (Consumer Code), the Seller warrants to the Consumer that the Products will be free from manufacturing and material defects, as well as conforming to the descriptions published on the Site, for a period of 12 MONTHS from the date of delivery of the Products to the Consumer. For handmade products, a certain variability in their characteristics is inherent to the manufacturing process and should be considered a value. The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings in this regard provided by the Seller and / or by the Owner, or reported in the reference illustrative documentation, in the tags or in the labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the duty to report any defects and non-conformities within and no later than 12 MONTHS from the discovery, with indication of the defect and / or non-conformity found, as well as related documentation (at least n. (a) photograph of the Product, the order confirmation sent by the Seller and / or the tax receipt, communicating it to the Seller's "customer care", by e-mail to the address firstname.lastname@example.org
8.3. Following receipt of the request and the related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a form, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-conformity, as follows address: BOTTEGA AL MARE Piazza Carducci 25 in via Bafile 157 30016 Lido di Jesolo Tel +39.0421.382028 8.4. If the Seller is required to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, when requesting the return or by e-mail to the email@example.com, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.
9. Liability for damage from defective products
9.1.With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374 / EEC and Legislative Decree no. 206/2005 (Consumer Code). If the Seller is only a distributor of certain products through the Site, he is free from any liability, none excluded and / or excepted, by indicating the name of the relevant product manufacturer.
10. Right of withdrawal
10.1 The Consumer has the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within the term of 14 (fourteen) days from when (i) the product was delivered or (ii), in case of purchase of several products delivered separately with a single order, the last product has been delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform the seller before the expiry of the term referred to in paragraph 10.1 above, of his decision by logging into his Account with username and password, and going to the "order history and details" section, where the user will be able to select the order for which he wants to make the return.If the order includes two or more products, it will be possible to select and request the return of one or more of the same products. In the event of a purchase made without registering on the bottegaalmare.it site, the Consumer can exercise the withdrawal by sending a detailed request no later than 14 days toBOTTEGA AL MARE srl by email to firstname.lastname@example.org
10.3 Following the provisions of the previous point 10.2, the Consumer will receive an email confirming the exercise of the withdrawal, containing the return form to be included in the package, and the instructions to proceed with the return of the product, to be sent no later than the following 14. days to:BOTTEGA AL MARE srl Piazza Carducci 25 in via Bafile 157 30016 Lido di Jesolo (VE) Italy Tel +39.0421.382028
10.4If the Consumer has received the product, he is obliged to return it to Bottega al Mare srl without undue delay and, in any case, within 14 days from the day on which the withdrawal was communicated. The deadline is met if you send the goods back before the 14-day period has expired. The risks and direct costs of returning the goods will be borne by the Consumer. If you exercise your withdrawal via the Site, before confirming the request for withdrawal, the cost for returning the goods will be indicated if you wish to use the return service offered by the Site itself.
10.5 The withdrawing Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has returned the goods, whichever is the earlier.
10.6 The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasions, nicks, scratches, deformations, stains, etc.), not complete with all their elements and accessories (including the labels and tags unaltered and attached to the product), not accompanied by the attached instructions / notes / manuals, original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protect it during transport, even from writing or applying labels.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Bottega al Mare srl and / or its successors in title, without the Consumer having any rights over them from accessing the Site and / or purchasing the Products.
11.2.The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Bottega al Mare srl
12. Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site "My Account", accessible after authentication.
13.1 With regard to data relating to payments by credit card, the Seller uses the services of the company Nexi Payments S.p.A and PayPal which adopt technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14. Applicable law, conciliation attempt and competent court
14.1.Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian laws and in particular by the legislative decree 6 September 2005 n. 206 and subsequent amendments, (Consumer Code), with specific reference to the legislation on distance contracts, and by the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.
14.2, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, quick and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr.The Seller's e-mail address to be indicated on the European ODR Platform is as follows: email@example.com
14.3. If you do not adhere to the conciliation attempt referred to in paragraph 14.2 above or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer; in the case of a buyer who does not qualify as a Consumer, the jurisdiction of the judge will follow the ordinary procedural rules.