GENERAL CONSITIONS OF SALE BOA SORTE ROMA SRL BOA SORTE ROMA SRL con sede in Roma (RM) Via della Colonna Antonina, 48/49 – C.F./ Partita Iva e iscrizione al Registro Imprese di Roma n. IT15968281004.
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 site roma.boasorte.eu (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 expression “Buyer” means the person making the purchase, referred to in this contract. The term “Supplier” means the person who carries out the sale of the goods covered by the this contract. The goods and services covered by these general conditions are offered for sale by BOA SORTE ROMA SRL based in Rome (RM) Via della Colonna Antonina, nr. 48/49 – Tax Code / VAT number and registration in the Business Register of Rome n. IT15968281004 The Purchaser, by electronically sending his purchase order, declares to have read and accepted the general and payment conditions transcribed below, and to have read them. Therefore, the transmission of the order implies full knowledge of the aforementioned conditions and their full acceptance. The Buyer undertakes and obliges, after the conclusion of the online purchase procedure, to print and keep these general conditions of sale, which have already been viewed and accepted.
2) OBJECT AND CONCLUSION OF THE CONTRACT
3) METHOD OF PAYMENT AND REFUND
The Purchaser may pay for the ordered products and related shipping costs by credit card, PayPal and bank transfer. Credit Card – The circuits on which it is possible to purchase within the Site are Visa and Mastercard. PayPal – Once the order is confirmed, the Buyer will be redirected to the PayPal site where he can make the payment with his account or using a credit card or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions. Bank transfer – The Buyer must make the transfer within 5 working days from the order date. If this does not occur, the order will be canceled. The Purchaser who has not made the transfer may be contacted by Customer Service in order to receive support in making the non-payment. For payment by bank transfer, the order is processed upon actual receipt of payment. The times of receipt of the transfer are technical banking times that do not depend on the Supplier, who cannot provide information on the date of shipment before having recorded the receipt of the transfer in the accounts. The details for the arrangement of the transfer will be communicated to the Buyer with the order confirmation, the transfer must explicitly indicate the order number, which can be found in the confirmation email (eg “Order No. 123456”). The credit card details are managed directly by the BNP PARIBAS Group, ‘Axepta SpA’ specialized in the management of online payments; PayPal data is managed directly by PayPal. The information is encrypted using cryptographic systems that prevent its use by third parties and is sent directly to the bank. The Supplier reserves the right to make a request to the bank issuing the card to verify the authenticity of the ownership of the card or to PayPal in case of problems. Any reimbursement to the Purchaser, if he is entitled to it, will be credited by reversing the payment by credit card, PayPal or bank transfer, at the latest within 30 days. from the date on which the Supplier became aware of the cause that generates the right to reimbursement. – The refund will be made on the same vehicle used at the time of booking.
4) DELIVERY TIMES AND METHODS
The Supplier will deliver the ordered products through the UPS courier or, in cases where it is necessary, through other couriers. Except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered in Italy within a maximum period of 5 (five) working days starting from the working day following that on which the Supplier confirmed the order to the Customer by means of a specific email. order confirmation.
5) SHIPPING AND DELIVERY COSTS
The Supplier ships with the DDP (Delivery Duty Paid) formula, so the goods will be delivered without further charges.
All sales prices of the products displayed and indicated on this website constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are inclusive of VAT and all other taxes. The shipping costs will be indicated and calculated in the purchase procedure before payment of the order by the Buyer and also contained in the web page summarizing the order placed. The prices indicated for each of the goods offered to the public are valid until the order is placed and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time and what appears on the order summary web page will be valid for the Buyer.
7) AVAILABILITY OF PRODUCTS
The Supplier ensures through the electronic system used the processing and fulfillment of orders within the terms provided for in the contract except in the event of force majeure or unforeseeable circumstances. If the product is not available in stock, Customer Service will promptly notify the Buyer, providing information on how to proceed.
8) LIMITATIONS OF LIABILITY
The Supplier assumes no responsibility for disservices attributable to force majeure and / or for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.The Supplier cannot be held responsible towards the Purchaser, except in cases of willful misconduct or gross negligence. The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards upon payment of the purchased products if it proves that it has adopted all the precautions applicable at the time of the transaction.
10) BUYER’S OBLIGATIONS
The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract. The Buyer undertakes, after the conclusion of the online purchase procedure, to print and store the web page that contains the order data. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as at the time of finalizing the order the link to this section is always present at the bottom of the page.
11) ARCHIVING METHOD OF THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order sent to BOA SORTE ROMA SRL is stored in digital form on the server where the site resides according to criteria of confidentiality and security.
12) COMMUNICATIONS AND COMPLAINTS
The Purchaser indicates in the registration form his residence and domicile, the telephone number and the e-mail address to which he wishes the Supplier’s communications to be sent. The Purchaser within 14 (fourteen) working days of receipt of the goods, can report any problems by starting a complaint procedure. Written communications directed to the Supplier and any complaints will be considered valid only if sent to BOA SORTE ROMA SRL, or sent by e-mail to email@example.com or via the A / R to be addressed to: – BOA SORTE ROMA SRL with headquarters in ROMA (Cs) Via della Colonna Antonina, 48/49. In the case of damaged or missing goods, which therefore have obvious discrepancies between the goods purchased and the one received, the Seller has the right to request the Buyer for photographic evidence demonstrating the non-conformity of the delivery. If, following verification of the photographic evidence, the non-compliance is confirmed, the Supplier will reimburse the Buyer of the exact amount paid by the Buyer. If the refund is partial and does not concern the entire order, any shipping costs paid by the customer will not be refunded. It is the Supplier’s discretion, and in any case in agreement with the Buyer, to propose the return of non- compliant goods or to propose the issuance and sending of a discount code that can be spent on the Seller’s website. The Seller avails itself of the right to reject a complaint in the following cases: – incorrect, incomplete or unsuitable delivery address (based on the data provided by the Buyer during the purchase) or lack of a recipient reference visible to the shipper at the delivery address (e.g. house number or name and surname on the doorbell). The delivery information entered by the Buyer and recorded at the time of the order are binding on the Buyer. In the event of an error in entering such delivery data, the Seller cannot be held responsible for the inability to deliver the goods as a result of this error. Customer Service will make an attempt to contact (even exclusively electronically) with the Buyer, who is required to respond within 24 hours; – delivery not made due to the absent recipient. Customer Service will make an attempt to contact (even electronically only) the Purchaser, who is required to respond within 24 hours; – absence of photographs proving the state of the product, if it is reported as non-compliant; – change of the shipping address after 2 hours from the time of order, or change of address made directly by the Buyer and not communicated to the Seller; The Supplier avails itself of the right to reject orders from Customers who have placed two orders and which have not been delivered.
13) COMPOSITION OF DISPUTES AND APPLICABLE LAW
The sales contract between the customer and BOA SORTE ROMA SRL 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 individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her town 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 Cuneo, any other competent court excluded.
14) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
The confirmation of the order implies for the Buyer the acceptance of these general conditions which can be updated or modified directly with the transcription of the new regulation on this site. The modification or update will be valid and effective for orders that have not yet been processed and for which the web page, which summarizes the order data, is not yet displayed.
15) RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the contract concluded with the Supplier, without any penalty and without specifying the reason, within 14 days from the day of receipt of the products purchased on the website. To withdraw from the contract, the Buyer may (must) use the return form (compliant with the standard form pursuant to Article 49, paragraph 4 of the Consumer Code) to be filled in and sent to the seller at the email address info @ boasorte. eu or draw up and send to the Seller another explicit declaration of their decision to withdraw from the contract. After exercising the right of withdrawal, the Buyer must return (must return) the products to the Supplier within 14 days from the date on which he communicated his decision to withdraw from the contract to the seller. The costs of returning the goods will (are deemed) to be borne by the Buyer, as well as (also) the responsibility in case of loss or damage to the products during transport. The right of withdrawal, in addition to compliance with the terms and methods described above, is understood to be exercised correctly if the following conditions are also met: – Transmission of the return form or other explicit declaration of one’s intention to withdraw from the contract within the terms set out in these general conditions of sale; – Products must be returned in their original packaging, intact and sealed, and must not be damaged. If the right of withdrawal is exercised in the manner provided, the Supplier shall make the necessary checks relating to the conformity of the returned products and refund the amounts due within 14 days from the date on which the Supplier has returned to possession of the goods; The Supplier reimburses using the same payment method used by the Buyer for the purchase of the returned products, unless otherwise agreed between the parties. If the methods and terms for exercising the right of withdrawal are not respected, the Buyer will not be entitled to a refund of the amounts already paid to the Supplier. 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. In addition to the cases indicated above (non-consumer customer and / or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014: – order of products made to measure or clearly personalized; – order of Products that risk deteriorating or expiring rapidly; – order of sealed Products that cannot 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 the withdrawal listed above, the Purchaser, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all Food Products (including wines, spirits and beverages) as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of a inappropriate storage. Therefore, for hygienic reasons and for the protection of Buyers, the right of withdrawal is only applicable for Products purchased on the Site which can be returned to the Supplier and then put back on the market by the Supplier without endangering the health of consumers. In cases where the right of withdrawal is excluded, the Supplier will return the purchased Products to the Purchaser, charging the shipping costs to the same. If the order that the Buyer wishes to return contains free products (in the event that the order was acquired during a promotional campaign that provided for the provision of free products), the Buyer must also return the free product . The free product must also be returned under the conditions described above.
16) INFORMATION ON PRODUCTS
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, normally 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 perfectly representative of its characteristics and quality but may differ in color, size and decorative elements (such as, by way of non-exhaustive example, ribbons and labels ). In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails. By concluding the online purchase procedure, the Purchaser declares to have read the ingredients and allergens.
17) BILLING OF PRODUCTS
If the purchase is made by a VAT subject, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the data invoicing including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The Purchaser is responsible for correctly entering the data of invoicing 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.