Terms and conditions
GENERAL CONDITIONS OF SALE |
These general conditions of sale (hereinafter the "General Conditions") apply to all purchases made by a natural person (hereinafter the "CUSTOMER") on the website www.borghiniclassic.com (hereinafter the "SITE") at Borghini , Srl registered in the Brescia register of commerce and companies with number BS334463 , with registered office in via Mazzini, 12, Italy, Tel.: +39.030.3771769, e-mail: info@borghiniclassic.com (hereinafter the "SALESPERSON").
ARTICLE 1.. DEFINITIONS
- "CUSTOMER" : indicates the contractual partner of the SELLER, who acts as a consumer as defined by Italian law and jurisprudence, or "natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out".
- "DELIVERY" : means the delivery address of the PRODUCTS communicated by the CUSTOMER at the time of the order.
- "Products" : means all the products available and offered for sale on the SITE.
- "Territory" : means Italy.
ARTICLE 2. SCOPE
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professional operators should contact the SELLER's commercial department in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE TERMS
These General Conditions are referred to at the bottom of each page of the SITE via a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the General Conditions, and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, applying the most recent version of these Conditions to each new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm this order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or reservation.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be asked to provide information enabling him to be identified by filling in the form available on the WEBSITE. The sign (*) indicates the fields that must be compulsorily filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the WEBSITE. Checking DELIVERIES, if applicable, can be done using the online tracking tools of some carriers. The CUSTOMER may also contact the SELLER's commercial office at any time, at the address info@borghiniclassic.com, to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by all appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive in accordance with the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and with the standards applicable in Italy.
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the procedure described below (note, however, that the various stages of the procedure may differ slightly depending on the CUSTOMER's home page).
The CUSTOMER will have to select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) in question and choose the desired characteristics and quantities. After the PRODUCT has been selected, it is placed in the CUSTOMER's cart. Subsequently, the latter can add all the PRODUCTS he wishes to the cart.
Once the PRODUCTS have been selected and placed in the cart, the CUSTOMER must click on the cart and check that the contents of the order are correct. If he has not already done so, the CUSTOMER will then be asked to identify himself or register.
Once the CUSTOMER has validated the contents of the cart and has been identified / registered, an automatically completed online form will appear summarizing the price, applicable taxes and any delivery costs.
The CUSTOMER is invited to check the content of the order (including the amount, characteristics and codes of the PRODUCTS ordered, billing address, payment method and price), before validating the content.
The CUSTOMER can then proceed with the payment of the PRODUCTS by following the instructions that appear on the SITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific codes appear when the correct options have been selected. Transmitted orders must include all the information necessary for their correct processing.
Once the procedure described above has been completed, a page for acknowledging receipt of the CUSTOMER's order is displayed on the SITE. A copy of the acknowledgment of receipt and of the order is automatically sent to the CUSTOMER by email, provided that the email address provided in the registration form is correct.
The SELLER will not send confirmation of the order by mail or fax.
During the ordering procedure, the CUSTOMER must enter the information necessary for billing (the sign (*) indicates the fields that must be compulsorily filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, and any access code to the DELIVERY address.
The CUSTOMER must also specify the chosen payment method.
Neither the order form that the CUSTOMER creates online nor the confirmation of receipt of the order that the SELLER sends to the CUSTOMER by email constitute an invoice. Whatever the ordering or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
The order date is the date on which the SELLER confirms receipt of the order online. The terms indicated on the WEBSITE will only start from that date.
For all PRODUCTS, the CUSTOMER will find on the WEBSITE the prices displayed in Euros including taxes, and the relative applicable delivery costs (based on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or method of transport selected).
In particular, the prices include value added tax (VAT) at the rate in effect on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS starting from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may vary. They can also be modified in case of special offers or sales.
The prices indicated are valid except for obvious errors. The applicable price is the one indicated on the WEBSITE on the date the CUSTOMER places the order.
The SELLER undertakes to deliver the PRODUCT on the date or within the term indicated to the CUSTOMER, unless the parties have agreed otherwise.
In principle, the unavailability of a PRODUCT is indicated on the page of the PRODUCT in question. CUSTOMERS can also be informed by the SELLER of the restocking of a PRODUCT.
In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to promptly inform the CUSTOMER if the product is not available.
If a PRODUCT is not available, the SELLER may propose, if the parties agree, an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CUSTOMER can pay for his PRODUCTS online on the SITE according to the methods proposed by the SELLER.
The CUSTOMER guarantees to the SELLER that he is in possession of all the necessary authorizations to use the chosen payment method.
The SELLER will take all the necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
In this regard, it should be noted that all payment information provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
In case of single payment by credit card, the CUSTOMER's account will be debited when the order for the PRODUCTS is placed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account as soon as possible upon shipment of the first package. If the CUSTOMER decides to cancel the order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service to pay for the order with another valid means of payment.
If for any reason, opposition, rejection or otherwise, the transmission of the amount due by the CUSTOMER proves impossible, the order will be canceled and the sale will be automatically terminated.
ARTICLE 8. EVIDENCE AND FILING
The SELLER agrees to archive this information in order to ensure the traceability of the transactions and to produce a copy of the contract, at the CUSTOMER's request.
In the event of a dispute, the SELLER will have the opportunity to demonstrate that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The previous provisions do not preclude the transfer to the CUSTOMER, upon receipt by the latter or a third party designated by him, other than the carrier, of the risks of loss or damage to the PRODUCTS which are the subject of the retention of title and the risks of damage they may cause.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Annex 1 - Withdrawal Policy.
ARTICLE 12. LEGAL WARRANTY
2. Consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
a) they are suitable for the use for which goods of the same type are normally used;
b) conform to the description given by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model;
c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or its agent or representative, especially in advertising or on labelling;
d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted also for conclusive facts.
The SELLER is liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when it is placed at his expense or has been carried out under his responsibility.
The SELLER is responsible when the lack of conformity occurs within 24 months from the date of delivery of the PRODUCT, even if on that date the defect was not immediately identifiable. To enforce it, the CUSTOMER must notify the SELLER of the presence of the defect within 2 months of discovery. The action deriving from a lack of conformity is prescribed within 26 months from the delivery of the PRODUCT (Article 132 of the Consumer Code) .
Unless proven otherwise, it is presumed that the conformity defects which occur within the first 6 months from the delivery date of the PRODUCT already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
The CUSTOMER must keep the PRODUCT purchase receipt, as well as the PRODUCT shipping and delivery confirmation documents.
In the event of a lack of conformity, the CUSTOMER may request, without charge, the replacement or repair of the PRODUCT, at its discretion, unless there is an evident disproportion between the cost of the CUSTOMER's choice and the other viable option, taking into account the value of the PRODUCT or the seriousness of the defect.
In the event that a replacement or repair is impossible or excessively expensive, the CUSTOMER may request, at his choice, an appropriate price reduction or termination of the contract.
After reporting the defect, the SELLER may offer the CUSTOMER a refund of the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the CUSTOMER returning the PRODUCT to the following address via Mazzini, 12
In the case of used goods, the SELLER's liability term is one year. (Article 134 of the Consumer Code) .
It should be noted that this legal guarantee of conformity applies independently of any commercial guarantee granted on the PRODUCTS.
Article 12.2. Warranty for hidden defects
The SELLER has the obligation to provide a guarantee for hidden defects of the PRODUCT sold which make it unsuitable for the intended use, or which reduce this use so much that the CUSTOMER would not have bought it or would have paid a lower price if he had known. This guarantee allows the CUSTOMER who can demonstrate the existence of a hidden defect to choose between the remedies referred to in the previous article.
ARTICLE 13. LIABILITY
The SELLER cannot be held responsible, or considered in default pursuant to these General Conditions, for any delay or non-performance when the cause of the delay or non-performance is due to a case of force majeure as defined by the jurisprudence of the Italian courts and tribunals .
It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Accordingly, no liability is accepted for the information published therein. Links to third party websites are provided for information only and no guarantees are made as to their content.
ARTICLE 14. PERSONAL DATA
The SELLER collects the CUSTOMERS' personal data on the SITE, also through cookies. The CUSTOMER can disable cookies by following the instructions provided by their browser.
data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send communications for market studies, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The personal data provided by the CUSTOMER will be processed in compliance with EU Regulation 679/2016 ("GDPR") and other regulations in force with methods suitable for guaranteeing confidentiality and security, as per the specific information that will be provided to the CUSTOMER in the specific section of the SITE "Privacy Policy" pursuant to art. 13 of the GDPR.
CUSTOMERS can cancel their registration at any time by accessing their account or by clicking on the hypertext link specifically provided at the bottom of each offer received by e-mail.
data may be communicated, in whole or in part, to the SELLER's service providers who are involved in the execution of the order. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their consent when registering on the SITE.
The SELLER will specifically ask the CUSTOMERS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER can also ask its CUSTOMERS if they wish to receive commercial offers from its partners.
Pursuant to the GDPR (from art. 15 and following) and as an interested party, the CUSTOMER has the right, at any time, to obtain confirmation of the existence or not of data concerning him, to know its content and origin, to verify its accuracy or request its integration, updating or rectification, to request cancellation, transformation into anonymous form or blocking of data processed in violation of the law, or to oppose the processing of data for legitimate reasons. He can exercise these rights by sending an e-mail to the address: info@borghiniclassic.com or by sending a letter to via Mazzini, 12. It should be noted that the CUSTOMER must prove his identity by scanning an identity document or by sending to the SELLER a photocopy of his identity card.
ARTICLE 15. CLAIMS
ARTICLE 16. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Anyone who publishes a WEBSITE and wishes to create a hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization of the SELLER will in no case be granted definitively. The link shall be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or the insertion of hypertext links (inline linking) are strictly prohibited.
ARTICLE 17. VALIDITY OF THE GENERAL CONDITIONS
ARTICLE 18. MODIFICATION OF THE GENERAL CONDITIONS
The General Conditions bear a precise date and can be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
The changes made to the General Conditions do not apply to PRODUCTS already purchased.
ARTICLE 19. JURISDICTION AND APPLICABLE LAW
Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State; otherwise the jurisdiction will be exclusive to the forum of ……………………
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these General Conditions of Sale by accessing the following site: https:/ /webgate.ec.europa.eu/odr .
ATTACHMENT 1
WITHDRAWAL POLICY
Right of withdrawal
The CUSTOMER has the right of withdrawal, without indicating the reasons, by returning or returning the PRODUCT to the SELLER.
For this purpose, the PRODUCT must be sent back or returned without undue delay and no later than fourteen (14) days after communication of the decision to withdraw, unless the SELLER proposes to collect the PRODUCT himself.
Withdrawal deadline
Pursuant to article 52, paragraph 2 of the Consumer Code, the withdrawal period ends at the expiry of fourteen (14) days starting from the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the product.
In the event that the CUSTOMER has ordered multiple PRODUCTS through a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period expires fourteen (14) days after the day in which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
The CUSTOMER can also use the form below:
SELLER's telephone number*:
SELLER's fax number*:
SELLER's email address*:
I hereby inform you of my withdrawal from the contract for the sale of the PRODUCT indicated below:
PRODUCT code
Invoice No.:
Order form number:
- Ordered on [________________]/received on [________________]
- Method of payment used:
- Name of the CUSTOMER and possibly of the beneficiary of the order:
- CUSTOMER address:
- Delivery address:
- Signature of the CUSTOMER (except in the case of transmission by e-mail)
- Date
In order to meet the withdrawal deadline, the CUSTOMER must send his communication concerning the exercise of the right of withdrawal before the withdrawal deadline has expired.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the entirety of the sums paid including delivery costs (with the exception of any additional costs deriving from the CUSTOMER's choice of a delivery method other than the delivery method standard proposed by the SELLER), without undue delay and in any case within fourteen (14) days from the day on which the SELLER was informed of the CUSTOMER's withdrawal. (Article 56 of the Consumer Code) .
The SELLER will proceed with the refund using the same means of payment used by the CUSTOMER for the initial transaction, unless the CUSTOMER has expressly consented to the use of another means; in any case, the refund will not involve any cost for the CUSTOMER.
The SELLER is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER.
The SELLER may suspend the refund until he has received the goods or, whichever is earlier, until the CUSTOMER demonstrates that he has returned the goods.
Return method
The CUSTOMER must return the goods to via Mazzini, 12, without undue delay and in any case within fourteen (14) days from the date on which he communicates his decision to withdraw from the contract.
The deadline is considered respected if the CUSTOMER sends back the good before the expiry of the period of fourteen (14) days.
Condition of the returned goods
The PRODUCT must be returned following the instructions of the SELLER, and in particular must include all the accessories supplied.
The CUSTOMER is solely responsible for the decrease in the value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics and correct functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT, but his responsibility may be called into question if he carries out manipulations other than those necessary.
Exclusions of the right of withdrawal
The right of withdrawal is excluded in the following cases:
The droit de rétractation est exclu dans les hypotheses suivantes :
- The supply of goods or services whose price depends on the fluctuation on the financial market
- The supply of made-to-measure or clearly personalized goods
- The supply of goods which, by their nature, are likely to deteriorate or expire rapidly
- The supply of sealed audio and video recordings or computer software which has been unsealed after delivery
- Newspapers, periodicals and magazines (except for subscription contracts)
- The provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance
- The supply of goods which by their nature are inseparably mixed with other goods
- The supplies of sealed goods that do not lend themselves to being returned for hygienic and health protection reasons and have been opened by the CUSTOMER after DELIVERY
- The supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only take place after the expiry of 30 days and the actual value of which depends on market fluctuations which cannot be controlled by the SELLER
- The supply of digital content through a non-material support if the execution has begun with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal
- contracts concluded at a public auction
ANNEX 2
DELIVERY POLICY
Delivery area
The PRODUCTS offered can only be supplied in the TERRITORY.
It is not possible to place an order for any delivery address located outside the TERRITORY.
PRODUCTS are shipped to the delivery address or addresses that the CUSTOMER will have indicated during the order compilation procedure.
Shipping term
The terms for preparing an order and for issuing the invoice before shipping the PRODUCTS in stock are indicated on the SITE. These terms do not include weekends and public holidays.
The CUSTOMER will be automatically sent a message via e-mail upon shipment of the PRODUCTS, provided that the e-mail address appearing in the registration form is correct.
Delivery terms and costs
During the order, the SELLER indicates to the CUSTOMER the possible shipping terms and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be borne by the CUSTOMER in addition to the price of the PRODUCTS purchased.
The details of the delivery terms and costs are shown on the WEBSITE.
In the absence of indication or agreement on the delivery date, the SELLER delivers the PRODUCT without undue delay and in any case within thirty (30) days after the conclusion of the contract. (Article 61 of the Consumer Code) .
Delivery methods
The package will be delivered to the CUSTOMER upon signature and presentation of an identity document.
In his absence, the CUSTOMER will be left with a notice to allow him to request the package at the post office.
DELIVERY problems
The CUSTOMER is informed of the delivery date set when choosing the carrier, at the end of the online ordering procedure, before confirming the order.
It should be noted that deliveries will be made within thirty (30) days at the latest. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may withdraw from the contract.
The SELLER will reimburse the CUSTOMER, without undue delay after receiving the notice of withdrawal, the total amount paid for the PRODUCTS, including taxes and shipping costs, using the same payment method used by the CUSTOMER for the purchase of the PRODUCTS.
The SELLER is responsible until DELIVERY of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of the damages or partial losses claimed at the time of delivery.
Virtual Gift Cards :
Virtual Gift Cards are only available online at BORGHINICLASSIC.COM
The Virtual Gift Card is valid for 12 months.
The Virtual Gift Card can be used for one or more orders and can also be used for orders with values greater than the Virtual Gift Card.
The Virtual Gift Card code will only be sent to the email address specified at the time of purchase and can only be used with that email address. BORGHINICLASSIC.COM will not be held responsible in case of sending the Virtual Gift Card to an incorrect or incomplete email address provided by the purchaser.
The Virtual Gift Card cannot be used to purchase another Virtual Gift Card and cannot be redeemed for cash or credit. The customer can request a refund within 14 days of purchase, only if the Virtual Gift Card has not been used.
Orders placed with the Virtual Gift Card can be returned. The amount relating to the returned goods will be credited to the Virtual Gift Card.
The Virtual Gift Card can be paid for by Credit Card, Paypal and Bank Transfer but not with Cash on Delivery.
The codes cannot be combined with other Virtual Gift Card codes, therefore you cannot use more than one Virtual Gift Card to purchase an item.
Orders placed using Virtual Gift Cards are subject to the Commercial Policy, Privacy Policy and Site regulation published on BORGHINICLASSIC.COM.
BORGHINICLASSIC.COM reserves the right to cancel or block the Virtual Gift Card for valid reasons, such as for example its loss or improper use. In case of loss or improper use of the Virtual Gift Card, BORGHINICLASSIC.COM will inform the holders of the Virtual Gift Card of the cancellation or blocking of the same.