Terms and Conditions
1. GENERAL CONDITIONS OF SALE AND THEIR PURPOSE
1.1.These General Conditions of Sale ("GCS") govern the remote sale of products through the website www.blueandtrue.com ("The Site"), by blueANDtrue, with registered office in via Augusto Righi n. 13 - 40126 Bologna (Italy, VAT number IT03298641204 - Telephone: +39 334 3537640 - Email: service@blueandtrue.com (hereinafter also "the Seller").
1.2. The Customer who intends to purchase one or more Products through the Site must carefully read and download the following General Conditions of Sale. If the Customer does not intend to accept these GTC or some of the clauses connected to them, he is invited not to use the Site.
2.SITE CUSTOMERS
2.1. The sale of the Products is reserved exclusively to the "Customer", meaning by this term a person:
a) qualifying as a "consumer" pursuant to art. 3 of Legislative Decree 6 September 2005 n. 206 and subsequent amendments and additions ("Consumer Code"), i.e. a natural person who acts for purposes outside of any entrepreneurial, commercial or other type of activity, craft or professional activity carried out;
b) is over 18 years of age. The Seller does not sell its Products to minors under the age of 18.
2.2. When the Customer provides data for registration on the Site or for the purchase of products, he/she is aware that he/she cannot communicate the data of another person without his/her prior explicit consent and that no responsibility can be attributed to the Seller in the event that the Seller is unable to provide technical assistance. in the event that untrue or incorrect information has been provided or the purchase has been made by a minor under 18 who has declared to be of age. The Customer, therefore, assumes all responsibility for the correctness and truthfulness of the information provided, even towards third parties.
3 - PRODUCTS FOR SALE ON THE SITE
3.1. The essential characteristics of each product offered for sale on the Site ("Product" / Products ") are presented in each product sheet ("Product Sheet"), together with the data relating to the products. illustrative images of the Product itself. The images of the Products may not correspond to the real ones due to the Internet browser, the monitor used or the graphic requirements, therefore, it must be considered only as indicative of the Product itself.
3.2. The Seller will therefore not be responsible for insignificant differences between the selling price and the selling price. Product delivered to the Customer and related image and/or description on the Site.
4. PRODUCT PRICES, CONTRACT FINALIZATION AND PAYMENT METHOD
4.1. All prices indicated on the Site are expressed in Euros and include taxes, for each Product, on the Purchase Order and on the Purchase Order confirmation email ("Price"), except for additional expenses to be paid by the customer.
4.2. To this end, before the purchase order is sent, the price of each individual product selected will be summarized, the total amount in the case of purchasing multiple products and the total amount in the case of purchasing multiple products. the related delivery costs (including any additional costs to be incurred in the event that you choose a particular type of shipping and delivery that is different and/or faster than that provided by the standard one) (all together "Total Price"). The forwarding of the Purchase Order implies the obligation of payment by the Customer and therefore the authorization for the Seller to withdraw an amount equal to the Total Price
4.3. The payment of the total price indicated can be made by credit card, using the circuits indicated on the Site, or alternatively using the payment procedure with PayPal. In no case will additional costs be charged in relation to the payment instrument chosen by the user. Customer.
4.4. Payments for the Products by bank transfer or cash on delivery will not be accepted.
4.5. Credit Card: To ensure maximum security, the Customer will make the payment by credit card transaction via a secure connection and directly to the credit institution that manages the current account. online payment system. The financial information (for example, the credit or debit card) has been entered into the online payment system. number, expiration date, secret code) that the Customer will use for the payment. the transaction will be encrypted and transmitted directly to the payment manager without passing through the servers used by him. the Seller who therefore will not have access to them nor will he be able to save or archive them.
4.6. The validity of the card may be verified through a pre-authorization of payment. This authorization does not constitute a charge. In any case, the charge on the Customer's credit card will be made after the company that issued the card has authorized the charge, which will occur after the confirmation of the Purchase Order, without prejudice, of course, to the right of the Customer to re-credit in the event of failure to execute the contract for any reason, including reconsideration, or cancellation of the Purchase Order.
4.7. If the Customer has an active credit card on the PayPal account, the system allows him to save an identification code so as not to have to re-enter the credentials in subsequent payments. In this case, the data provided will be collected in encrypted form and transmitted to PayPal.
4.8. The Customer is solely responsible for the data entered, therefore he/she guarantees to use only credit cards of which he/she has legitimate availability and ownership. The Seller is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, at the time of payment for the products purchased, as the Seller, at no time during the purchase procedure is able to know the Customer's credit card number, as, by opening a secure connection, it is transmitted directly to the banking services manager.
5 - SHIPPING AND DELIVERY OF PRODUCTS
5.1. The Product or Products purchased on the Site will be delivered by courier to the Customer's home. at the address indicated by the Customer in the Purchase Order, based on the delivery times and costs indicated therein. However, it is understood that the shipping and delivery terms indicated as working days are purely indicative and that the products will be delivered at the time of delivery. at the latest within 30 days from the signing of the sales contract, as required by the Consumer Code.
5.2 If the Seller has not fulfilled the obligation to deliver within the established deadline, the Customer invites him to make the delivery within an additional period appropriate to the circumstances. If this additional period granted should expire without the delivery having taken place , the Customer may withdraw from the purchase contract, without prejudice to compensation for damages
5.3. It is the Customer's responsibility to verify the conditions of the Product delivered, the number of products received and that the packaging is intact and not damaged, including the closures. We invite the Customer to report any anomalies found upon delivery in the carrier's transport document , thus accepting the delivery with reservation.
5.4. The Seller shall not be liable for any failure or delay in delivery of the Products resulting from the incorrectness or incompleteness of the data provided by the Customer, as well as in the event that the courier delivers late due to an event attributable to him.
5.5. The Customer is solely responsible for the address provided for shipping the products. Products purchased and, therefore, is always required to verify the address and all data relating to the products purchased. information necessary to allow delivery (for example, indications on the intercom, any extensions), etc.).
5.6. The delivery of the Products purchased through the Site is carried out exclusively within the territory of the European Union, in the United Kingdom, in Switzerland and in other countries indicated on the Site. Customers who reside outside the shipping territory cannot therefore proceed with the purchase.
6. CONCLUSION OF THE PURCHASE CONTRACT
6.1. Before proceeding with the stipulation of a purchase contract, it is possible to register on the Site, by entering your name, surname, and e-mail address. Registration on the Site is free and will be confirmed by an e-mail sent to the address that will be provided.
6.2 The Customer, by connecting to the Site for the purpose of purchasing, may:
a) view the products available for purchase, select them and add them to the cart (the latter section is the virtual container, present on the Site, within which the Products selected by the Customer are placed from time to time before proceeding with their purchase, "Cart");
b) enter or confirm the shipping data, the destination country and the chosen name. delivery method;
c) check the Products added to the Cart, the Price, the Delivery Costs and the total cost of the purchase;
d.) choose the payment method from those available;
e.) enter any discount codes;
f.) proceed with any modification to the Purchase Order;
g.) proceed with sending the purchase order by following the instructions on the Site.
6.3. Before proceeding with the forwarding of the final purchase order, the Customer must accept these General Conditions of Sale and confirm that they have read the Privacy Policy. Forwarding the purchase order by clicking on "Proceed with order" will entail the obligation to pay the total price indicated.
6.4 In the Purchase Order, displayed immediately before the conclusion of the purchase contract, summary information will be provided on the essential characteristics of each contract. Product ordered, the Price (including all applicable taxes or duties), shipping costs (including any additional costs that the Customer will have to bear for choosing another and/or another solution). type of shipping and faster delivery than the standard one), the total price and the right of withdrawal.
6.5. The purchase contract is considered concluded when the Seller receives the Purchase Order in electronic format. The Products will remain the property of the Seller until the payment of the total price has been made and the purchase order will be processed only after receiving confirmation of the authorization to pay the total price due as indicated in the purchase order.
6.6. In case of non-payment, the Purchase Order will be cancelled.
6.7. After the conclusion of the purchase contract, the Customer will receive, at the indicated e-mail address, confirmation of receipt of the Purchase Order and a summary of the data relating to the Purchase Order itself and more precisely:
a) a summary of the General Conditions of Sale and of the specific conditions applicable to the contract;
b) information relating to the essential characteristics of the Product/Products purchased;
c) the detailed indication: of the Price of the Products, of the Delivery costs and of the shipping costs. Total price, of the taxes applied and of the delivery date;
d) Information on the right of withdrawal 6.8. Finally, the Customer is required, once the online purchase procedure has been completed, to fill in, print and keep these General Conditions of Sale, already viewed and accepted during the contract conclusion phase. It is recommended to keep the email received as proof of purchase. The purchase contract will be archived in the reserved area and the Customer will be able to access it using their credentials, or it may be requested by the Customer from the Seller.
6.9. The language available to customers for the conclusion of the contract is Italian. Customer service is able to communicate with customers in the same language.
6.10. Purchase orders from countries where online sales of products are not yet operational will not be accepted by the Seller.
7. LEGAL GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
7.1. The Products sold on the Site are covered by a legal guarantee of conformity provided that for the articles 128 - 135 of the Consumer Code (Legislative Decree 6 September 2005 n. 206). and subsequent amendments and additions). The guarantee covers all defects of conformity that occur within 24 months from the delivery date and the Customer will have the right , at his choice and provided that the type of Product allows it, to be replaced without shipping costs, or to a reduction in price that takes into account the use of the or the termination of the purchase contract.
7.2. The essential characteristics of the Products are presented on the Site within each product sheet. However, the images and colours of the products offered for sale may not correspond to those of the products on sale. correspond to the real ones due to the Internet browser and monitor used.
7.3. The Customer must report the defect to the Seller by sending a registered letter to the address at the Seller's office or by email to service@blueandtrue.com, and must make the Product available to the Seller.
8. RIGHT OF WITHDRAWAL AND REFUND
8.1. The Customer has the right to withdraw from the purchase contract, without giving any reason, within 14 days from the day on which he himself or a third party (other than the carrier) and designated by him, acquires physical possession of the purchased Product /s.
8.2. To exercise the right of withdrawal, the Customer is required to inform the Seller of his decision to withdraw from the contract by means of an explicit declaration and for this he can use the Return Form (compliant with the standard form pursuant to Article
49, paragraph 4, of the Consumer Code) available on the Site to be printed, filled in and sent by email to service@blueandtrue.com, or via an explicit declaration of your decision to withdraw from the contract to be sent within 14 days of receiving the product.
8.3. If the Customer chooses to use the Return Form to be sent by email, he/she will receive confirmation by email that the withdrawal request has been received. If, instead, the Customer chooses to send another declaration of withdrawal (for example a letter sent by post, fax or email), the burden of demonstrating the correct and timely exercise of the right of withdrawal will be borne by the Customer.
8.4. If the Customer withdraws from the purchase contract and the right of withdrawal is exercised according to the methods and terms indicated in this paragraph, the Seller will reimburse the Customer for the sums already collected for the purchase of the Products and more precisely all payments made to the Customer to the Seller will be reimbursed, including delivery costs (with the exception of additional costs arising from the
Any choice by the customer of a type of delivery other than the least expensive type of delivery. standard delivery offered), without unjustified delay and in any case no later than 14 days from the day on which the Seller is informed of the Customer's decision to withdraw from the contract. contract.
8.5. The only costs charged to the Customer will be those for the return of the purchased product. Products. If the Customer decides to use the courier indicated by the Seller in the Return Form, the Customer may use the courier indicated by the Seller in the Return Form. However, he will not have to pay the costs, at his expense, for the return of the form. purchased products.
8.6 In the event that the Customer decides to use a shipping method other than the one indicated by the Seller in the Return Form, he will have to pay the costs of returning the Products in person. In this case, an amount equivalent to the cost of the Products purchased. The standard shipping of the Products purchased will be refunded, while any additional costs for having chosen a type of shipping and delivery different and/or faster than the standard one will not be refunded. In this case, the Customer will be responsible for any loss or damage to the products during transport, which is due to your negligent choice of carrier and/or shipping methods.
8.7 Returned Products must be delivered to the sender within fourteen (14) days from the date on which the Customer received the order. when the Customer has communicated to the Seller his decision to withdraw from the contract.
8.8 In the event that the Customer decides not to use the Seller's forwarder, he/she must return the products or deliver them to the Seller at the following address in Bologna, via Augusto Righi n. 13 to blueANDtrue. The deadline will be considered respected if the Customer returns the Products before the expiry of the 14-day period.
8.9 The Products, in any case, must be returned intact, undamaged and unused and with all the original accessories that are part of the Products; Products returned incomplete, ruined, damaged, deteriorated or dirty will not be refunded.
8.10 The Seller, in the event of exercising the right of withdrawal, has the right not to accept the return or not to fully refund the sums paid for the purchase in relation to such Products that have been altered in their essential and qualitative characteristics or that have been damaged or used. The Customer, in fact, will be responsible for the decrease in value of the Products resulting from manipulation of the Product other than that necessary to establish the nature, characteristics and functioning of the Products.
8.11. Whatever the payment method used by the Customer, the refund is activated by the Seller as soon as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal, without prejudice to the following. verification of the correct execution of the same. The refund may be suspended until the Products are received and verified or until the Customer demonstrates that he has returned the goods, if earlier.
8.12. Such refunds will be made using the same payment method used for the initial payment. transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not have to bear any costs as a result of such refund.
9. CHANGES AND UPDATES
9.1. The Seller reserves the right to modify and/or update the Site and these General Conditions. Conditions of Sale at any time. The Customer who accesses the Site and sends a Purchase Order will comply with the policies and terms of the General Conditions of Sale. from time to time in force at the time of sending the Purchase Order, except any changes have retroactive effect based on applicable law.
9.2. If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such condition shall in no way affect the validity and enforceability of the Agreement. other provisions.
10. CUSTOMER SERVICE, ASSISTANCE AND SELLER CONTACTS
10.1. The Customer can contact the Seller and request any information via email at service@blueandtrue.com or by calling +39. 334. 3537640 available from 10.00 to 14.00 (the cost of the call from a landline, mobile or from abroad varies depending on the mobile operator used).
11 - PRIVACY POLICY
11.1. The Seller will process the personal data of the Customers in accordance with the legislation in force. as defined in detail in the information on the processing of personal data. data, Privacy Policy, available in the respective section of the Site.
12. APPLICABLE LAW, JURISDICTION AND COMPETENCE
12.1. Applicable law: These General Conditions of Sale as well as the purchase contract for the Products through the Site are subject to Italian law and in particular to the Consumer Code pursuant to Legislative Decree 206/2005 and subsequent amendments and additions and pursuant to Legislative Decree 70/2003 relating to electronic commerce. The sales contract between the Customer and the Seller is concluded in Italy.
12.2. Jurisdiction and competent court: For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions of Sale or of individual product purchase contracts, the Italian jurisdiction and the court of the municipality of residence or domicile of the Customer if located in Italian territory.
12.3. Conciliation procedure: In the event of disputes between the Seller and the Customer (as a consumer pursuant to art. 3 paragraph 1 letter a Consumer Code) arising from these General Conditions of Sale, we inform you that the European Union Commission has established a European platform for the online resolution of consumer problems. disputes (the so-called ODR platform).
The ODR platform can be consulted at the following address https://ec.europa.eu/ consumers/odr/main/?event=main.home.show. Through the ODR platform, the Customer will be able to consult the list of ADR bodies, find the link to the website of each of them
and initiate an online dispute resolution procedure in which he or she is involved.
Version of 03/03/2022