1. GENERAL SALES CONDITIONS AND THEIR PURPOSE
1.1.These General Conditions of Sale (“GCS”) regulate the remote sale of products through the site www.blueandtrue.com (“The Site”), by blueANDtrue, with headquarters in via Augusto Righi n. 13 – 40126 Bologna (Italy, VAT number IT03298641204 – Telephone: +39 334 3537640 – Email: email@example.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 GCS or some of the related clauses, he is invited not to use the Site.
2.CUSTOMERS OF THE SITE
2.1. The sale of the Products is reserved exclusively to the “Customer”, meaning by such a person:
a) qualifying as a “consumer” pursuant to art. 3 of the Legislative Decree 6 September 2005 n. 206 and subsequent amendments and additions (“Consumer Code”), ie a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
b) who is over 18 years of age. The Seller does not sell its Products to minors underthe age of 18.
2.2. When the Customer provides the data for registration on the Site or for the purchase of products, he is aware that he cannot communicate the data of another person without his prior express consent and that no responsibility can be attributed to the Seller in the event that untrue and incorrect information has been provided or the purchase was made by a child under 18 who declared that he was of majority age. The Customer, therefore, assumes any and all responsibility for the correctness and truthfulness of the information provided, including towards any third parties.
3 – PRODUCTS OFFERED 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 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 graphic needs and, therefore, must be considered only as indicative of the Product itself.
3.2. The Seller will therefore not be responsible for insubstantial differences between the Product delivered to the Customer and its image and / or description on the Site.
4. PRICES OF THE PRODUCTS, FINALIZATION OF THE CONTRACT AND METHOD OF PAYMENT
4.1. All prices indicated on the Site are expressed in Euros and are inclusive of taxes, for each Product, on the Purchase Order and on the Purchase Order confirmation e-mail (“Price”), except for further charges to charged to the customer.
4.2. To this end, before the forwarding of the purchase order, the price of each selected product will be summarized, the total sum in case of purchase of more products and the relative delivery costs (including any additional costs to be incurred in the event in which you choose a particular type of shipment and delivery that is different and / or faster than the standard one) (all together “Total price”). The forwarding of the Purchase Order implies the obligation to pay 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 Customer.
4.4. Payments for 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 transaction via a secure connection and directly to the credit institution that manages the online payment system. The financial information (for example, the credit / debit card number, expiration date, secret code) that the Customer will use for the payment transaction will be encrypted and transmitted directly to the payment manager without passing through the servers he uses. the Seller who therefore will not have access to such information nor will he be able to save or archive them.
4.6. The validity of the card could be verified through a pre-authorization for payment. This authorization is not a charge. In any case, the charge on the Customer’s card will be made after the company issuing the card has authorized the charge which will be subsequent to the confirmation of the Purchase Order, except, of course, the Customer’s right to re-credit in the event of non-execution. of the contract for any reason, including for reconsideration, or cancellation of the Purchase Order.
4.7. If the Customer has an active credit card on the PayPal account, the system allows you to save an identification code so as not to re-enter the credentials in subsequent payments. In this case, the data provided will be collected in an encrypted manner and transmitted to PayPal.
4.8. The Customer is solely responsible for the data entered therefore he guarantees to use only credit cards of which he has the 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, upon payment of the purchased products, as the Seller, at no time during the purchase procedure is in able to know the number of the Customer’s credit card, as, by opening a secure connection, it is transmitted directly to the banking service manager
5 – SHIPPING AND DELIVERY OF PRODUCTS
5.1. The Product / Products purchased from the Site will be delivered by courier to the address indicated by the Customer in the Purchase Order, according to 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 latest within 30 days from the conclusion of the sales contract, as required by the Consumer Code.
5.2 If the Seller has not fulfilled the delivery obligation within the specified 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 been made, the Customer may terminate the purchase contract, without prejudice to compensation for damage
5.3. It is up to the Customer to check the condition of the Product delivered, the number of Products received and that the packaging is intact and not damaged even in the closures. We invite the Customer to indicate in the transport document of the carrier any anomalies ascertained on delivery, thus accepting the delivery with reserve.
5.4. The Seller will not be responsible for the 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 a fact attributable to him.
5.5. The Customer is solely responsible for the address provided for the shipment of the purchased Products and, therefore, is always required to verify the address and all the information necessary to allow delivery (eg. 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 UK, Switzerland and in the other countries indicated on the Site. Customers residing outside the shipping territory cannot therefore proceed with the purchase. indicated.
6. CONCLUSION OF THE PURCHASE AGREEMENT
6.1. Before proceeding to the conclusion of a purchase contract, it is possible to register on the Site, by entering name, surname, e-mail address. Soul Site registration is free and will be confirmed by 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 being 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 country of destination and the chosen delivery method;
c) check the Products added to the Cart, the Price, the Delivery Costs and the total price of the shopping;
d.) choose the payment method among those available;
e.) enter any discount codes;
f.) proceed with any changes to the Purchase Order;
g.) proceed with sending the purchase order by following the instructions on the Site.
6.4 In the Purchase Order, displayed immediately before the conclusion of the purchase contract, summary information will be provided about the essential characteristics of each Product ordered, the Price (including all applicable taxes or duties), the shipping costs (including any additional costs that the Customer will incur for choosing a different and / or faster type of shipment and 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 electronically. 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 failure of the payment process, the Purchase Order will be canceled
6.7. After the conclusion of the purchase contract, the Customer will receive, at the e-mail address indicated, the confirmation of receipt of the Purchase Order and a summary of the same and more specifically:
a) a summary of the General Conditions of Sale as well as of the particular 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 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 print and keep these General Conditions of Sale, already viewed and accepted during the contract conclusion phase. It is recommended to keep the e-mail received as proof of purchase. The purchase contract will be filed 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 the online sale of products is 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 for by art. 128 – 135 of the Consumer Code (Legislative Decree 6 September 2005 n. 206 and subsequent amendments and additions). The warranty covers all conformity defects that may 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 of the price that will take into account the use of the goods 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 colors of the products offered for sale may not 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 Seller’s office, or by e-mail to firstname.lastname@example.org, and must make the Product available to the Seller.
8. RIGHT OF WITHDRAWAL and REFUNDS
8.1. The Customer has the right to withdraw from the purchase agreement, without indicating the reasons, within 14 days from the day on which he 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 purpose he may 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 e-mail to email@example.com, or by explicit declaration of your decision to withdraw from the contract to be sent within 14 days of receipt of the product.
8.3. If the Customer chooses to use the Return Form to be sent by e-mail, he will receive confirmation by e-mail that the request for withdrawal has been received. If, on the other hand, he chooses to send another declaration of withdrawal (for example a letter sent by post, fax or e-mail), the burden of proving 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 following the methods and terms indicated in this paragraph, the Seller will refund the Customer any sums already collected for the purchase of the Products and more precisely they will be reimbursed at Customer all payments he has made to the Seller, including delivery costs (with the exception of additional costs arising from the
Customer’s 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 day on which the Seller is informed of the Customer’s decision to withdraw from the contract.
8.5. The only expenses charged to the Customer will be those for returning the purchased Products. If the Customer decides to use the courier indicated by the Seller in the Return Form, he will not, however, have to pay the costs, at his own expense, for returning the purchased Products.
8.6 In the event that the Customer decides to use a shipping method other than that indicated by the Seller in the Return Form, he will have to pay the costs of returning the purchased Products in person. In this case, an amount equivalent to the cost of the standard shipping of the Products purchased will be refunded, while any additional costs for choosing a different and / or faster type of shipping and delivery 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 The Products returned must be delivered to the shipper within fourteen (14) days from when the Customer 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 must return the goods or deliver them to the Seller at the following address in Bologna, via Augusto Righi n. 13 at 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 provided 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 case of exercising the right of withdrawal, has the right not to accept the return or not to refund in full the sums paid for the purchase in relation to those Products that have been altered in their essential and qualitative characteristics or that are been damaged or used. The Customer, in fact, will be responsible for the decrease in the value of the Products resulting from the 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 in the shortest possible time 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, subject to verification of the correct execution of the same. The refund may be suspended until receipt of the Products and verification of the same or until the Customer demonstrates that he has returned the goods, whichever is the earlier.
8.12. These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not incur any costs as a consequence of this refund.
9. CHANGES AND UPDATES
9.1. The Seller reserves the right to modify and / or update the Site and these General Conditions of Sale at any time. The Customer who accesses the Site and submits a Purchase Order will adhere to the policies and terms of the General Conditions of Sale from time to time in force at the time the Purchase Order is placed, unless any changes have retroactive effect in force of applicable law.
9.2. If any provision of these Conditions is deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.
10. CUSTOMER SERVICE, ASSISTANCE AND SELLER CONTACT DETAILS
10.1. The Customer can contact the Seller and request any information via e-mail at firstname.lastname@example.org or via the telephone number + 39. 334. 3537640 available from 10 am to 2 pm (the cost of the call from the landline , mobile or from abroad varies according to the mobile operator used).
12. APPLICABLE LAW, JURISDICTION AND JURISDICTION
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 referred to in Legislative Decree 206/2005 and its 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 solution of disputes relating to the interpretation, execution or resolution of these General Conditions of Sale or of the individual product purchase contracts, the Italian jurisdiction and the court of the municipality of residence or of domicile of the Customer if located in the Italian territory.
12.3. Conciliation procedure: In the event of disputes between the Seller and the Customer (as a consumer pursuant to Article 3 paragraph 1 letter a Consumer Code) arising from these General Conditions of Sale, we inform you that the European Commission has set up a European platform for the online resolution of consumer disputes (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 start an online resolution procedure for the dispute in which he is involved.
Version of the 03/03/2022