Terms and Conditions
General Terms and Conditions & customer information
Index
- Scope of application
- Contract Conclusion
- Right of withdrawal
- Prices and payment terms
- Delivery and shipping terms
- Legal guarantee of conformity
- Applicable law, place of jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These general terms and conditions (hereinafter "General Terms”) of BONAVENTURA S.r.l. (hereinafter "seller”), shall apply to all contracts entered into by a consumer or a professional (hereinafter "customer") with the seller, with reference to the goods and/or services for sale at the seller's online store. These Conditions exclude the application of the customer's own provisions, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions, "consumer” shall mean any natural person who enters into a legal transaction for purposes that are outside the scope of his or her independent trade or profession. A "professional” means any natural or legal person or partnership with legal personality who, in concluding a legal transaction, acts for purposes that are within the scope of his or her independent commercial or professional activity.
2) Conclusion of the contract
2.1 Product descriptions in the seller's online store constitute binding offers by the seller. .
2.2 The customer may accept the offer through the order form on the seller's online store. In the event that the order is placed through the online order form, after entering personal data, the customer, by clicking on the validation button at the end of the purchase procedure, provides legally binding acceptance of the contractual offer in relation to the goods contained in his shopping cart. The’offer, however, may’only be accepted if the customer, by checking the’appropriate box below the text : "I expressly declare that I have read and accept the General Terms and Conditions of Sale", confirms that he/she accepts the contractual conditions.
2.3 The seller shall send the customer confirmation of the order by mail or e-mail.
2.4 In case of acceptance of an offer via the seller's online order form, the contract text will be saved by the seller and sent to the customer subsequent to the submission of the relevant order, together with the text of the General Terms and Conditions (e.g., by e-mail, fax or letter). The contract text will also be stored on the seller's Internet site and the customer will be able to access it free of charge through his or her password-protected account by entering the relevant login data, provided that, prior to placing the order, the customer has set up an account in the seller's online store. In any case, the seller will send the customer an order confirmation, pointing out the possibility of downloading and printing the General Terms and Conditions via the "print" function.
2.5 Before binding transmission of the order via the seller's online order form, the customer will be able to correct his or her data at any time via the normal mouse and keyboard functions. In addition, prior to binding transmission of the’order, all data will be displayed in a confirmation window, where they can still be changed by making use of the normal mouse and keyboard functions.
2.6 If the customer acts as a consumer, the only language available for the conclusion of the contract è the’Italian.
3) Right of withdrawal
3.1 Consumers have the option of exercising the right of withdrawal.
3.2 For more information on the right of withdrawal, please refer to the relevant sellers' notice.
4) Prices and payment terms
4.1 Prices quoted by the seller are final amounts inclusive of the statutory VAT rate. Any extra delivery and shipping charges are shown on the respective product description page.
4.2 Shipments to countries outside the European Union may incur additional specific costs to be borne by the customer. These include, for example, costs related to the transfer of money via credit institutions (e.g., fees on wire transfers, currency exchange) or taxes and import charges (e.g., customs duties).
4.3 The customer has several payment options available to him, illustrated on the seller's website.
4.4 In the event that an advance payment is agreed upon, the balance must be paid at the conclusion of the contract.
4.5 If the customer opts for payment by "PayPal", payment will be handled through the service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms and conditions of use available at https://www.paypal.com
4.6 In case of selection of one of the payment methods offered by the operator “Shopify Payments”, the handling of the payment will be by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The customer views the payment options offered by Shopify Payments in the seller's online shop. In order to handle payments, Stripe mayò make use of additional payment services that in some cases apply special conditions, which will however be reported to the customer. For more information on the service “Shopify Payments” we invite you to consult the https://www.shopify.com
5) Delivery and shipping terms
5.1 The goods are shipped by freight forwarder to the address indicated by the Customer. The order is processed taking into consideration the shipping address indicated.
5.2 If the carrier sends the goods back to the seller as a result of impossibility of delivery at the customer's premises, the cost of the unsuccessful shipment shall be borne by the customer. This è not è applicable if the customer exercises the right of withdrawal where the circumstance that made delivery impossible is not attributable to the customer himself, or if the customer was temporarily unable to accept the service offered, unless the seller had announced to him with adequate advance the performance of such service.
5.3 In the case of a pickup operated by the customer himself, the seller shall inform the customer by e-mail that the goods ordered è ready for pickup. Upon receipt of the e-mail notice, the customer may pick up the goods at the seller's premises. In this case, shipping costs are not charged.
6) Legal guarantee of conformity
6.1 The rules provided by law in cases of warranty for defects in the thing sold shall apply.
6.2 For consumers, the limitation period for warranty claims è two years from the delivery of the goods to the customer.
6.3 Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect occurs only after the expiration of one year from delivery of the goods. Defects occurring within one year after delivery of the goods may be claimed within the statutory limitation period.
7) Applicable law, place of jurisdiction
7.1 If the customer acts as a consumer under 1.2, the law of the country in which the customer has his or her habitual residence, excluding the United Nations Convention on Contracts for the International Sale of Goods, shall apply to all legal relations between the parties. The exclusive place of jurisdiction for all disputes arising from this contract è the place of domicile of the customer.
7.2 If the customer is acting as a professional within the meaning of 1.2, the law of the country where the seller has its registered office shall apply to all legal relations between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract è the place of the registered office of the seller
.
8) Alternative Dispute Resolution
8.1 The European Commission has set up an online dispute resolution platform available at the following link: https://ec.europa.eu
This platform is the point of reference for the out-of-court resolution of disputes arising from contracts of sale or online services in which è the consumer is involved.
8.2 The seller is not è legally obligated, however è nevertheless willing in principle to participate in a dispute resolution proceeding before a conciliation body.