General provisions
The following conditions are exclusively valid between the company Bstorezone brand of Borgata srl, with registered office in Via Farini, 21 40124 Bologna (BO), VAT number 03380951206 – Tax code 03380951206, hereinafter referred to as “ Bstorezone ” and any subject (natural or legal person) who makes online purchases on the website www.bstoreitalia.com, hereinafter referred to as the “customer”. The date of publication on the site is equivalent to the date of entry into force. The aforementioned conditions govern purchases made on the www.bstoreitalia.com website in compliance with the provisions on electronic commerce: Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, modified by Legislative Decree n. 21/2014 and the Legislative Decree 70/2003. It should be noted that Bstorezone is a registered trademark owned by Borgata Srl (hereinafter Bstorezone)
ART. 1 – Object of the contract
Bstorezone sells and the customer remotely purchases the goods indicated and offered for sale on the website www.bstoreitalia.com. The means by which the contract is concluded is exclusively the Internet, by accessing the customer at www.bstoreitalia.com and making a purchase order according to the procedure provided by the site itself. The customer undertakes to read, before proceeding to confirm his order, these general conditions of sale, in particular the pre-contractual information provided by Bstorezone and to accept them by explicitly affixing a mark in the box indicated in the purchase process. . The customer will also receive, in the order confirmation e-mail, the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014.
ART. 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005
In the individual product sheets, at the time of choice, the customer takes a look at the characteristics of the goods which, before the conclusion of the purchase contract. Before therefore the conclusion of the purchase contract and before the validation of the order (indicated with “payment obligation”), the customer is informed about:
– total price of goods (including taxes), with details of shipping costs and any other costs;
– terms of payment;
– the deadline by which Bstorezone undertakes to deliver the goods;
– the methods and terms as well as the procedures for exercising the right of withdrawal (see art.6 of these conditions) as well as the form of the type of withdrawal referred to in Annex I, part B of Legislative Decree 21/2014;
– information for which the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal; existence of the legal guarantee of conformity for the goods purchased;
ART. 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by Bstorezone to the customer of an order confirmation email. The e-mail contains the customer data and the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent and the link to print and archive the copy of the present conditions. The customer undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to Bstorezone. Bstorezone undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.bstoreitalia.com do not constitute a contractual element, as they are only representative. Bstorezone undertakes to deliver the goods within 30 days from the sending by Bstorezone of the order confirmation email to the customer.
ART. 4 – Product availability
Product availability refers to actual availability when the customer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order. Even after sending the order confirmation e-mail sent by Bstorezone, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the customer will be immediately informed by e-mail. If the customer requests the cancellation of the order, by terminating the contract, Bstorezone will refund the amount paid within 14 days from the day on which Bstorezone became aware of the customer’s decision to terminate the contract.
ART. 5 – Methods of payment
Each payment by the customer can only be made by means of the credit cards indicated on the website www.bstoreitalia.com, with the Paypal payment method. In case of payment by Paypal, the actual charge will be made when Bstorezone sends the order confirmation e-mail. The communications relating to the payment and the data communicated by the customer when it is made take place on special protected lines.
ART. 6 – Product prices
All sales prices of the products indicated on the website www.bstoreitalia.com are expressed in Euros and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before making the payment. The customer accepts the right of Bstorezone to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site when the order is created and indicated in the confirmation email sent by Bstorezone to the customer. In the event of an IT, manual, technical, or any other error that could result in a substantial change, not foreseen by Bstorezone, in the sale price to the public, which makes it exorbitant or clearly negligible, the purchase order will be considered. invalid and canceled and the amount paid by the customer will be refunded within 14 days. from the day of cancellation.
ART. 7 – Right of withdrawal
In accordance with the legal provisions in force, the customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products. The customer who intends to exercise the right of withdrawal must communicate it to Bstorezone through an explicit declaration, which can be sent by registered mail with return receipt. or by accessing the “My orders” section of the “My online account” space on the www.bstoreitalia.com website, with the creation of a Returns IT file. The customer can exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory) the text of which is reported below as a “standard withdrawal form” pursuant to art. 49, paragraph 1, lett. h) (complete and return this form only if you wish to withdraw from the contract): administrative headquarters, Bstorezone di Borgata S.r.l. Via Castellana, 36 – 31039 – Riese Pio X (TV) – telephone 0423/483599 – fax 0423/483699 e-mail: borgata@pec.it.
Hereby I / we (#) notify / notify (#) the withdrawal from my / our (#) contract of sale of the following goods (#) – Ordered on (#) / received on (#) – Name of the consumer (s) Address of the consumer (s) Signature of the consumer (s) (only if this form is sent in paper version) Date (#) Delete the wording not used.
In case of exercise of the right of withdrawal, the customer is required to return the goods within 14 days from the day on which he communicated to Bstorezone his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be exclusively returned to BSTORE at Borgata S.r.l., at Via Castellana 36, 31039, Riese Pio X (TV). The direct costs of returning the products are charged to the customer and are assessed for a maximum of 50 euros. The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Bstorezone will refund the amount of the products subject to withdrawal within a maximum period of 14 days from receipt of the returned goods. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, Bstorezone can suspend the refund until receipt of the goods or until the customer demonstrates that he has sent the goods back to Bstorezone. Bstorezone will carry out the refund using the same payment method chosen by the customer during the purchase phase.
ART. 8 – Legal guarantee of conformity
In case of receipt of products that do not conform to the orders or are defective, the customer has the right to restore the conformity of the product at no cost by repairing or replacing the product. The customer can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to Bstorezone within 30 days of discovery.
ART. 9 – Commercial guarantee
All the products presented on the website www.bstoreitalia.com benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product data sheets of the articles. In order to benefit from the warranty assistance, the customer must keep the invoice which he can print by accessing the “My orders” section of the “My online account” space.
ART. 10 – Delivery methods
Bstorezone will accept orders to be delivered only in the territories indicated on the site. The products will be delivered by express courier to the address indicated by the customer when ordering no later than 30 days. from the date of receipt by the customer of the order confirmation e-mail sent by Bstorezone, except in cases of force majeure. For each order placed on the website www.bstoreitalia.com, Bstorezone issues an invoice for the goods shipped. The invoice is available and printable, after the order has been processed, in the “My orders” section of the customer’s “My online account” space. The invoice will contain the information provided by the customer during the purchase procedure. After the issuance of the invoice, it will not be possible to make any changes to the data indicated in it.
ART. 11 – Responsibility
Bstorezone does not assume any responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even if they depend on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the times established by the contract or due to errors that may emerge due to the carrier.
ART. 12 – Access to the site
The customer has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site (including the contract itself), whether sound or visual, and the relative technology used remain the property of Bstorezone and are protected by intellectual property rights.
ART. 13 – Cookies
The www.bstoreitalia.com website uses “cookies”. Cookies are electronic files that record information relating to customer navigation on the site (pages consulted, date and time of the consultation, etc.) and which allow Bstorezone to offer a personalized service to its customers. Bstorezone informs the customer of the possibility to disable the creation of these files by accessing its Internet configuration menu. It is understood that this will prevent the customer from proceeding with the online purchase.
ART. 14 – Integrality
These General Conditions of Online Sale are made up of all the clauses that make them up. If one or more provisions of these General Terms and Conditions of Online Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effectiveness.
ART. 15 – Applicable law and competent court
These General Conditions of Online Sale are subject to Italian law. Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of Bstorezone. In any case, you can optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
General sales conditions updated on 01 January 2018