Selling conditions

Information on the seller

Bstorezone, trademark of Borgata Srl – Via Farini, 21 – 40124 Bologna registered with the Bologna Chamber of Commerce, REA BO-514779 – VAT and CF: 03380951206 Borgata Srl manages an online store through the website www.bstoreitalia.com . Bstorezone customer service is available for information, complaints and disputes. Italy number: 02 83531130 available from Monday to Friday (9.00 18.00) – E-mail: info@bstoreitalia.com Online shop on the website www.bstoreitalia.com or via Whatsapp messages +39 340 2556865

1. Scope of. definitions

1.1 These general conditions of sale apply to all orders sent by customers to Borgata Srl, regardless of the territory of origin, through the website www.bstoreitalia.com and govern and constitute an integral and substantial part of all contracts entered into by the customer with Borgata Srl. As a result of placing an order, the customer declares to have read and accepted these general conditions of sale. These general conditions of sale will prevail over any other general conditions of contract whose application is invoked in relation to one or more contracts.

1.2. Professional (seller) Borgata Srl, the contracting party to the contract that sells goods and services to consumers or professionals, must be understood;
Consumer means any natural person who places an order for purposes unrelated to any business, commercial, craft or professional activity that may be carried out;
Company / VAT number must mean any natural or legal person who places an order in the exercise of their business, commercial, craft or professional activity, or indicates their VAT number in the purchase order to Borgata Srl;
Good: products sold by the Professional;
Customer it must be understood, as appropriate, the consumer or the entrepreneur;
Sales contract: any contract under which the trader transfers or undertakes to transfer ownership of goods to the consumer and the consumer pays or undertakes to pay the price, including contracts which have as their object both goods and services;
Distance contract: any contract concluded between the Professional (Borgata Srl) and the Consumer within the framework of an organized scheme for the sale or provision of remote services without the physical and simultaneous presence of the Professional and the Consumer, through the exclusive use of one or more means remote communication until the conclusion of the contract, including the conclusion of the contract itself;
Durable support: any tool that allows the Consumer or Professional to keep the information that is personally addressed to him in order to be able to access it in the future for a period of time suitable for the purposes for which it is intended and which allows the identical reproduction of the stored information;
Working day must be understood as any day of the week, with the exception of Saturdays, Sundays and public holidays according to the law;
Order: by order we mean the irrevocable contractual proposal pursuant to and for the purposes of articles 1326 and 1329 of the Italian Civil Code, concerning the items contained in the customer’s cart;
Warranty: any commitment of a Professional or a Manufacturer (the guarantor), assumed towards the Consumer, in addition to the legal obligations regarding the guarantee of conformity, to reimburse the price paid, replace, repair, or otherwise intervene on the good, if it does not correspond to the characteristics, or to any other non-compliance requirement, set out in the guarantee declaration or in the relative advertising available at the time or before the conclusion of the contract.

1.3. The contracts are stipulated exclusively in Italian.

 2. Download and consult the terms and conditions of the contract

2.1. The customer can consult these general conditions of sale, together with the text of the contract, on the website www.bstoreitalia.com.
The customer can also print or save this document, making use of the normal features of the program (File – Save as). It is also possible to download the document in PDF format and archive it. To view the PDF file you need to use the free Adobe Reader program (www.adobe.it) or other equivalent programs compatible with the PDF format.

2.2. In addition, the customer can store the data of his order, either by downloading the general conditions of sale and saving, with the support of the functions of his browser, the data summarized on the last web page that precedes the submission of each order, both awaiting confirmation of receipt of the order that Borgata Srl will also send by e-mail, following the forwarding of the order, to the e-mail address indicated by the customer. This confirmation e-mail will contain the data of the order sent by the customer as well as an attachment in PDF format containing the general conditions of sale which can be printed or saved using the functions of your e-mail program.

2.3. The data of each order will be saved by Borgata Srl on its systems. However, the customer cannot, for security reasons, have free access to such data. Each customer is guaranteed restricted access by username and password, in the area of ​​the site called Customer Area. In this reserved area, by entering their credentials, the customer will be able to consult their concluded contracts, pending orders and those just submitted, as well as update and save their contact details, any bank data and / or data relating to the subscription of the newsletter service. The customer agrees to treat his access credentials confidentially and not to make them available to third parties.

3. Conclusion of the contract

3.1.By clicking on Confirm my order, the customer will make an irrevocable contractual proposal to Borgata Srl (see Section 1, point 1.2.).

3.2.Borgata Srl reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated in any way to the customer. In this case, the contract is deemed concluded with the delivery of the order by the supplier to the customer.

4. Price and shipping costs

4.1. The prices shown are prices to the public, including VAT, unless otherwise specified. Each order will also include shipping costs and VAT details, when applicable.

4.2. Borgata Srl reserves the right to modify at any time the prices of the items sold through the website www.bstoreitalia.com, it being understood that the price of the items offered on the site must be considered the one indicated up to the moment of sending order.

4.3. For orders placed with shipping outside the European Union, prices will be calculated not including VAT, as it is not applicable but due in the country of destination.

Such orders may be subject to local taxes and duties applicable by the country of destination of the goods, according to the legislation in force in the country of destination. These possible additional charges, of whatever nature they are (taxes, customs duties, duties, administrative costs) are considered customer’s responsibility and paid by the customer himself.

Borgata Srl therefore declines all responsibility for the calculation and payment of this type of tax, as it is impossible to preventively calculate these charges, which remain the sole responsibility of the customer.

5. Payment and delivery

5.1. Unless otherwise agreed, the customer will pay the price of the ordered items in full, at the same time as placing the order. Borgata Srl reserves the right to deliver the purchased items only after receiving the payment of their full price. As part of the order forwarding process, various payment instruments may be proposed by Borgata Srl, at its complete discretion, such as, for example, payment by credit card (Visa, MasterCard), the payment via Paypal protected system, payment by prepaid card (eg Postepay) and advance payment by bank transfer and on Italian territory by cash on delivery.

5.2. The customer agrees to receive invoices exclusively in electronic format.

5.3. For deliveries, Borgata Srl will use a carrier of its choice. The delivery will be made by the carriers on the street level (means ground floor, not delivery on the floor).

5.4. For deliveries, Borgata Srl will use a carrier of its choice. The delivery will be made by the carriers on the street level (means ground floor, not delivery on the floor).

5.5.The customer can purchase the products indicated in the electronic catalog prepared (available on the website www.bstoreitalia.com) and in the quantities available in the warehouse. If an order exceeds the quantity existing in the warehouse, or is available even if it is not due to problems of updating the site, Borgata Srl will inform the buyer if said product will be available or not in the future and the time foreseen for the supply, leaving at the customer’s discretion if he intends:
(a) exercise the right of withdrawal, obtaining full refund of the order;
(b) confirm the order with the availability communicated, obtaining a partial refund for unavailable items;
(c) wait for the availability of the goods and complete fulfillment of the order. In all cases of reimbursement, payment of the same will take place within 14 days of the customer’s communication of the will in this regard and through the payment instrument used by the customer (credit card, bank transfer).

5.6.Borgata Srl will not be responsible for failure or delayed delivery in the event that:
(a) despite having made the regular and timely purchase of the items to cover the order received, it has not been supplied in the terms and ways agreed with the supplier;
(b) is unable to make up for the unavailability of these items;
(c) has promptly informed the customer of the unavailability of the article, informing him of the right of withdrawal referred to in Section 6 below. In the event of unavailability of an article, Borgata Srl will reimburse the customer for any advance payment of the price in the manner prescribed in point 5.5.

5.7. Borgata Srl will not be responsible for failure or delayed delivery due to force majeure, such as, for example, strikes, measures of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, floods and damages to industrial machinery not dependent on Borgata Srl’s fault. Borgata Srl will promptly notify the customer of the occurrence and loss of a cause of force majeure. If the cause of force majeure persists for a period exceeding 4 (four) weeks, each of the parties will have the right to withdraw from the contract. In the event of a withdrawal pursuant to this Section 5, the customer will not be entitled to any compensation or compensation in any way, except for the right to be refunded of what has already been paid for in price.

5.8. In the event of a purchase made by a Consumer, the risk of accidental loss of the item remains with Borgata Srl until the delivery of the item to the consumer or to another person indicated by the latter, regardless of whether the shipment of the article itself is insured or not. In the case of a purchase made by customers who purchase with an invoice using a VAT number (Companies / VAT number), the risk of accidental loss of the article passes to the customer with the delivery of the article by Borgata Srl to the first carrier.

5.9.The ownership of the package is considered transferred to the customer with the delivery of the package itself. Any dispute regarding the integrity or completeness of the shipment must be contested with the courier upon delivery. We recommend checking the integrity of the packages and their correspondence to the waybill before accepting the shipment from the courier. Once the shipment has been accepted, it is not possible to contest the integrity of the goods received or any theft.

5.10.The item purchased by the customer will remain the exclusive property of Borgata Srl until the customer has paid the full price of the item.

5.11.The risk is transferred to the consumer already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer and this choice has not been proposed by the professional, without prejudice to the consumer’s rights towards the carrier.

6. Right of withdrawal

6.1. In compliance with the legislation referred to in art. 52 in implementation of Directive 2011/83 / EU on consumer rights, below are the terms and conditions that govern the right of withdrawal in favor of the Consumer.

6.2. Customers who purchase by invoice using a VAT number (Companies / VAT number) cannot exercise the right of withdrawal as the purchase of the product is part of the professional activity, and the legislation on withdrawal applies only to consumers.

6.3. Below are the instructions for exercising the right of withdrawal for consumers as well as the consequences of the withdrawal.

6.4. The Consumer has the right to withdraw from the contract.

The consumer has a period of 14 working days to withdraw from the remote contract, without having to provide any reason and without incurring costs other than those provided for in section 8

6.5.The withdrawal period referred to in the previous point starts in the case of sales contracts, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods or:

  • a) in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;
  • b) in the case of delivery of an asset consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last batch or piece;

7. Exercise of the right of withdrawal

7.1. Prima of the expiry of the withdrawal period, the consumer informs Bstorezone of his decision to exercise the right of withdrawal from the contract. To this end, the consumer can submit any explicit declaration of his decision to withdraw from the contract, or print and complete the return form downloadable here.

The notice of withdrawal must be addressed:

  •  By mail: Borgata Srl – Via Castellana 36 – 31039 Riese Pio X (Italia), Tel: +39 02 83531130 a disposizione da lunedì a venerdì (9.00 – 18.00)
  • E-mail: info@bstoreitalia.com

7.2. The consumer exercised his right of withdrawal within the withdrawal period referred to in Section 6 paragraph 6.4. if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period.

7.3. The burden of proof relating to the exercise of the right of withdrawal in accordance with this paragraph lies with the consumer.

7.4. The Borgata Srl professional will reimburse all payments received by the consumer with the exception of delivery costs, without undue delay and in any case within 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract.

7.5. The trader will carry out the refund using the same payment method used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and on condition that the latter does not have to bear any costs as a consequence of the refund. Borgata Srl will not be required to reimburse the additional costs, if the consumer has expressly chosen a type of delivery other than the less expensive type of delivery offered.

7.6. Unless Borgata Srl has offered to collect the goods itself, it will be able to withhold the refund until it has received the goods or until the consumer has shown that he has sent the goods back, whichever occurs first.

8 Consumer obligations in the event of withdrawal

8.1. The consumer must contact Bstorezone in the manner indicated above who will take charge of returning the goods within 14 days from the date on which the consumer communicated to Bstorezone his decision to withdraw from the contract pursuant to paragraph 6.

The deadline is met if the consumer returns the goods before the expiry of the 14-day period. The consumer bears only the direct cost of returning the goods.

8.2. The consumer is solely responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

8.3. The costs and risks associated with returning the item are entirely borne by the customer.

8.4. Items must be returned:

  • in their entirety: it is not possible to exercise withdrawal only on part of the product purchased (e.g. accessories, detachable parts, etc.);
  • correctly packed in their original packaging, in a perfect state of resale (not damaged, damaged or dirty) and equipped with all its accessories, instructions for use and documentation; to limit damage to the original packaging, we recommend, when possible, to put it in a second box; the affixing of labels or adhesive tapes directly on the original product packaging should be avoided in all cases;
  • equipped with the transport document (present in the original packaging), in order to allow Bstorezone to identify the customer (order number, name, surname and address);
  • without manifest signs of use, if not those compatible with carrying out a normal test of the article. That is, they must not show traces of prolonged use (more than a few minutes) in excess of the time necessary for a test and must not be in a state such as not to allow resale.

Only under these conditions will the customer be entitled to a full refund of the value of the goods purchased. If these conditions are not respected the value of the refund will discount the decrease in the value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and functioning of the goods.

Items must be returned where indicated by Bstorezone.

9. Warranty and complaints management

9.1. The provisions of Italian law regarding guarantee apply to purchases made by the customer.
– 2 year guarantee.
– 60 days for reporting the defect.

9.2. The customer can contact BStorezone at any time in the manner indicated in these general conditions of sale. BStorezone will examine the requests received as soon as possible and contact the customer. If a request for information or a complaint concerns the guarantee of an article, BStorezone will generally have to contact the relative manufacturer. For this reason, it may take a longer period of time for the customer to be contacted by BStorezone. In the event of a complaint, BStorezone invites the customer to describe the nature of the problem in as much detail as possible and possibly to send a copy of the order documents or indicate the order number, customer number, and any other data correct identification of the complaint. If no response is received by the customer within 5 (five) working days, BStorezone invites the customer to request a response from now. BStorezone also recommends checking that the e-mails sent by it are not re-addressed or blocked by any spam filters or do not reach their destination correctly for other technical problems of the e-mail program of the recipient customer.

9.3. PFor any service request, BStorezone invites the customer to contact customer service, which can be contacted as follows:

BStorezone:

– Tel: +39 02 83531130 available from Monday to Friday (9.00 18.00)

– E-mail: info@bstoreitalia.com

– Whatsapp +39 340 2556865

9.4. BStorezone undertakes to remedy any defects in the products attributable to him, which occurred within twelve months of delivery of the products, provided that they have been promptly notified:

  • any complaints relating to the state of the packaging, quantity or external characteristics of the products (or other apparent defects), must be notified to Borgata Srl in writing, under penalty of forfeiture, within 8 (eight) days from the date of receipt of the products;
  • any complaints relating to defects that cannot be identified by diligent inspection upon receipt (hidden defects) must be notified to Borgata Srl, under penalty of forfeiture, within 15 (fifteen) days from the date of discovery of the defect and in any case no later than twelve months from delivery. The complaint must specify precisely the defect found and the products to which it refers;
  • in the case of delivery of products not compliant with the order, the customer must notify BStorezone within 15 (fifteen) days from the date of receipt to agree on the return.
    The customer will not be able to make returns of goods for any reason, without prior written authorization from BStorezone.
    The above warranty does not apply to products that exhibit normal wear and tear or signs of misuse.
    The costs of transporting the products to be replaced or repaired and the products replaced or repaired are entirely borne by the customer.
    In the presence of the aforementioned assumptions Borgata Srl will replace or repair the product found to be defective at the origin for free.

10. Data protection

BStorezone reserves the right to keep the data of each order as well as the customer’s contact details for the sole purpose of using them for the correct execution of the order (also through the transmission to the commercial partners involved in the management of the payment, in the execution of the order and / or in the shipment of the article), of any complaints regarding the guarantee of the article and / or of recommendations or instructions to the customer relating to the article. The storage and processing of data will take place in accordance with the content of the Privacy Policy issued by Borgata Srl. Without prejudice to the foregoing, any use of the customer’s personal data will be subject to the provisions contained in the aforementioned Privacy Policy.

11. Applicable law, competent court

11.1. These general conditions of sale are written exclusively in Italian.

11.2. For any legal dispute arising from the application, interpretation and / or execution of this contract, the Court of Bologna is exclusively competent, except for disputes with consumers residing within the Member States of the European Union, for which the territorial jurisdiction is of the judge of the place of residence or domicile of the consumer.

ADR

According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure.
The Procedure can be started if the consumer, after submitting a complaint to the company, within 45 days, has not received a response or has received a response not deemed satisfactory by him.
The customer who decides to make use of the Joint Conciliation procedure is obliged to send the application to the address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126. For more information, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl

ODR

Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he can lodge a complaint via the ODR platform of the European Union reachable at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from sales contracts or online services out of court. For more information contact: info@bstoreitalia.com.

12. Modification of the general conditions of sale

Bstorezone will inform the customer of changes to the provisions of these general conditions of sale. The modified general conditions of sale will become an integral part of the new contracts as a result of the forwarding by the customer of the first order following receipt of the modification notification.

13. Replacement clause

If a present or future provision of the general conditions of sale and / or of the contract should be or become wholly or in part null and / or ineffective or there is a gap in the provisions of the general conditions of sale and / or of the contract, the remaining provisions of the general conditions of sale and of the contract will in any case remain valid and effective. It is understood that BStorezone and the customer will undertake to negotiate in good faith the integration of the gap or the replacement of the null and / or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and of safeguarding the economic substance of the contract.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the customer declares to expressly approve the provisions of the following Sections of these general conditions of sale: 3. (Conclusion of the contract), 5. (Payment and delivery), 11. (Applicable law, jurisdiction) and 12. (Amendment of the general conditions of sale).

For any aspect or clarification relating to the content of the general conditions of sale, the contract (as defined in Section 1 below) and its discipline, Borgata Srl makes itself available, even by telephone, to offer the customer any clarification or information. If the customer decides not to use the telephone service, in any case, all rights and faculties recognized to the customer by law remain unaffected and unaffected. In compliance with the provisions of current legislation, the general conditions of the contract are specified below (including the shipping conditions for the items). As for the saving and printing of this document and the possibility of viewing the text of the contract, please refer to Section 2 of these general conditions of sale.
The right of withdrawal in favor of consumers is governed by Sections 6, 7 and 8 of these general conditions of sale.