The contractual conditions set out below form an integral part of the contract for the online sale of products that the Supplier undertakes to conclude within the framework of a distance selling system organized by itself through its website www.bolzan.com.
Bolzan S.r.l. – Benefit Company, via Per Sacile n.123/A, 31018 Francenigo di Gaiarine (TV) registration with the Register of Companies of Treviso, no. 211559, VAT number 01164140939, telephone no. +39 0434 765012, email address: info@bolzan.com (hereinafter referred to as the ‘Supplier’).
The products are indicated, including their essential characteristics, directly on the Supplier’s website. For each product viewed, the Customer will have the opportunity to access a special sheet containing the main information and data about the product itself.
All sales prices of the products contained in the Supplier’s online catalog, are expressed in euros and include VAT and any other taxes. The cost of shipping is not included in the purchase price and is provided in euro 30.00 (thirty/00) per single shipment. By filling out the purchase order, before the purchase procedure is completed, the Customer will still have the opportunity to verify the costs and charges associated with the purchase.
Payment of the price may be made only by credit card and PayPal. The Supplier guarantees that all communications related to payments take place on a special line protected by encryption system; it also guarantees the storage of information related to payment with additional level of security encryption and in compliance with the provisions of the current regulations on the protection of personal data. Since the conclusion of the purchase procedure implies the onset of the obligation, on the part of the Customer, to pay the price of the chosen products, it is clarified that the sending of the order – which, as indicated in point 9) below, means the conclusion of the contract with the Supplier – follows the obligation to pay. In any case, the Supplier assumes no responsibility for any fraudulent and illicit use that may be made by third parties (for example, of credit cards) when paying for the purchased products, if it proves that it has taken all possible precautions based on the best science and experience of the moment and according to ordinary diligence.
The products offered by the Supplier through its website are available for delivery in the countries of the European Union. By filling in the purchase order, before the purchase procedure is completed, the Customer will have the opportunity to verify the methods and times of delivery of the products. However, delivery times must be considered indicative, as they may vary depending on the place of destination of the products. It should also be noted that if the Supplier is not able to make delivery within the term indicated at the time of purchase, it will still give timely notice to the Customer, by e-mail to the address indicated by the latter with the registration of his personal data. Deliveries are made from Monday to Friday – but never on holidays – during normal business hours; for this reason the Supplier suggests the Customer to indicate an address where the delivery of the products can still be guaranteed. Upon delivery of the products, the Customer is required to check that the delivered goods are in closed, undamaged packaging and show no signs of damage or tampering; if he should find goods that do not have these characteristics, it is his responsibility to make the necessary objections to the transport carrier upon acceptance of the products, also giving prompt notice to the Supplier with communication sent to the e-mail address info@bolzan.com.
IThe Customer has the right to withdraw from the contract, without giving reasons, within 14 (fourteen) days. More precisely, the withdrawal period expires after 14 (fourteen) days from the day the Customer acquires physical possession of the products purchased online. In order to exercise the right of withdrawal, the Customer must inform the Supplier of his decision to withdraw from this contract by means of an explicit statement, using the ‘Withdrawal Form’ that he will find on the specific web page of the Supplier’s website www.bolzan.com, and then sending it to the e-mail address info@bolzan.com. In any case, without delay, the Supplier will confirm receipt of the Customer’s withdrawal notice by sending the Customer an appropriate e-mail. In order to comply with the withdrawal period, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period highlighted above.
If the Customer exercises the right of withdrawal, the Customer will be refunded the purchase price of the returned products, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Supplier is informed of the Customer’s decision to withdraw from the contract. Said imbursement shall be made by bank transfer; in any case, the Customer shall not incur any cost as a consequence of said refund. However, the refund may be suspended by the Supplier until receipt of the products to be returned. The Customer must provide for the return of the products, to the address of the Supplier highlighted in point 1) above, within 14 (fourteen) days from the day on which he communicated the withdrawal. The return must be made only by courier authorized by the Supplier and the costs for the return shall be borne solely by the Customer. In order to be entitled to a full refund of the price paid, the products must be returned intact (they must not have been used by the Customer or have been damaged by the Customer) and in their original packaging (any identifying labels must still be attached to the products as they are an integral part of them). In any case, the Customer remains responsible for the decrease in the value of the products resulting from handling the products other than what is necessary to establish their nature, characteristics and operation. In this regard, it is also clarified that, precisely for the purpose of establishing the nature, characteristics and functioning of the products, the Customer is required to handle and inspect them with due diligence and in the same manner as he would be permitted to do so in a store.
Pursuant to Articles 128 et seq. of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the Supplier shall be liable for any lack of conformity that becomes apparent within the term of 2 (two) years from the delivery of the product, without prejudice to the existence of a more favorable term for the Consumer in relation to the Member State of residence or habitual domicile of the consumer. The complaint is not necessary if the Supplier has acknowledged the existence of the defect or has concealed it. In any event, unless proven otherwise, it shall be presumed that defects of conformity arising within 1 (one) year after delivery of the product already existed on that date, unless such assumption is inconsistent with the nature of the product or the nature of the defect of conformity. In the event of a lack of conformity, the Customer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased product pursuant to Article 135 – bis of the Consumer Code. The request must be made in writing to the Supplier – through communication to be sent in the manner specified in paragraph 12) below – which will indicate its willingness to give effect to the request, or the reasons that prevent him from doing so, within a reasonable time from receipt. In the same communication, where the Supplier has accepted the Customer’s request, it shall indicate the method of shipment or return of the product as well as the expected deadline for the return or replacement of the defective product. If the repair and replacement are objectively impossible to meet or excessively burdensome pursuant to Article 135-bis, paragraph 3, of the Consumer Code, or in the cases referred to in Article 135-bis, paragraphs 4 and 5 of the Consumer Code, the Customer may request, at its option, an appropriate reduction in price or termination of the contract, termination that, however, may not be required in the case of lack of conformity of minor entity. In this case, the Customer must send his request to the Supplier, who will indicate his willingness to carry it out, or the reasons preventing him from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Customer’s request, it shall indicate the proposed price reduction or the manner of returning the defective product. It will be the Customer’s responsibility in such cases to indicate how the sums previously paid to the Supplier will be credited. In any case, it should be noted that products are not guaranteed for damage caused by improper or negligent use of the products, their poor maintenance or, more generally, failure to comply with the prescriptions indicated by the Supplier in the appropriate instructions. Parts subject to wear and tear are also not guaranteed if the damage is attributable to normal use of the product.
The contract for the online purchase of products between the Supplier and the Customer will be concluded through the Internet network, by means of the Customer’s access to the Supplier’s website and following the purchase procedures indicated therein. The contract is concluded by the exact completion and consent to the purchase manifested through the membership sent online. Before concluding the purchase, the Customer will have the opportunity to verify the contents of the purchase order and, if necessary, to correct and/or modify the data entered; it will therefore be his precise obligation to verify the correctness of the data in question. At the time the Supplier receives the order from the Customer, it will provide without delay to send an e-mail, printable, in which the details of the ordering party and the order, the price of the purchased product, the shipping costs and any additional charges, the address where the product will be delivered, the timing of the delivery and the existence of the right of withdrawal are stated. The Customer agrees to provide for the printing and storage of the purchase order. Pursuant to art. 12 of Legislative Decree n.70/2003, the Supplier informs the Customer that every order sent is stored in digital form on the server at the manager hosting the site and in paper or digital form at the Supplier itself, in accordance, however, with criteria of confidentiality and security.
The Supplier ensures, through the telematic system used, the processing and fulfillment of orders. For this purpose it indicates in real time, in its electronic catalog, the products available and those not available. Should an order exceed the existing quantity in the warehouse, the Supplier will, by e-mail, inform the Customer whether the product is no longer bookable or what the waiting time is to obtain the chosen product, asking whether he intends to confirm the order or not.
These conditions of sale are governed by Italian law. In any event, the rights that may be granted to consumers by mandatory provisions of law in force in the Member State of the consumer’s residence or habitual domicile shall not be affected. Disputes arising out of or in connection with these terms and conditions (including non-contractual disputes) shall be subject to the non-exclusive jurisdiction of the local courts of Italy, it being understood, however, that the foregoing shall be without prejudice to the right of the parties to bring suit in any venue of competent jurisdiction under applicable procedural law. In particular, the Consumer Customer shall be entitled to bring suit in the court of the Member State of residence or domicile. In addition, the Consumer Customer may have recourse to online out-of-court dispute resolution in accordance with Regulation (EU) 2013/524 through the ODR telematics platform, operated by the European Commission, which can be reached at https://webgate.ec.europa.eu/odr.
Written communications directed to the Supplier and any complaints will be considered valid only where they are sent by e-mail to the e-mail address: info@bolzan.com.