Terms & Conditions
General terms and conditions applied to online sales on the website https://www.bonaturalblankets.com/ and pre-contractual information
The Purchaser expressly and preliminarily declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Identification of the Seller
The goods subject to these general conditions are offered for sale by BO'S DI FRANCESCA BARDELLI, via Luigi Canonica 63- Milano 20154, registered with the REGISTER OF COMPANIES OF MILAN with batch number 11265980968 hereinafter referred to as "Seller".
Art. 1 Definitions
1.1. The expression "online sales contract" means the purchase and sale contract relating to the seller's tangible movable property, entered into between them and the Buyer as part of a distance selling system through telematic tools, organized by the Seller .
1.2. The term "Purchaser" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity that may be carried out.
1.3. The expression "Seller" means the person indicated in the epigraph or the person providing the information services.
Art. 2 Object of the contract
2.1. With this contract, respectively, the Seller sells and the Purchaser remotely purchases the tangible movable goods indicated and offered for sale on the website www.bonaturalblankets.com using telematic tools.
2.2. The products referred to in the previous point are illustrated on the website's website.
Art. 3 Characteristics of the Products
3.1 All the Seller's products on this site are the result of craftsmanship and therefore may be subject to variations between one garment and another. It should be noted that, since they are handmade products, any imperceptible product discrepancies will not be considered production defects, but a guarantee of the authenticity and uniqueness of the product itself.
3.2 The hue, thickness or weight of the filament used in the processing of the Products may vary between one garment and another, but also within the same garment, and this depends on the fact that the products are made up of raw materials for which is usual and usual a variation of hue, thickness and weight; any differences are therefore not to be considered defects but peculiarities and characteristics of the products themselves.
3.3 The images and photographs present in catalogs, price lists, advertising materials and the web, have the sole purpose of providing an orientation view of the Product. The colors and workmanship of the materials represented must be considered as general and approximate indications of the Product and not binding with respect to the product (s) delivered.
Art. 4 Method of entering into the contract
4.1. The contract between the seller and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address categories ..shop, where, following the procedures indicated, the Buyer will formalize the purchase contract of the assets referred to in point 2.1.
Art. 5 Conclusion and effectiveness of the contract
5.1. The purchase contract is concluded by completing the exact form of the request form and the consent to the purchase manifested through the adhesion sent online, after viewing a printable web page of the order, which contains the details of the orderer and of the order, the price of the purchased good, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
5.2. When the Seller receives the order from the Buyer, he sends a confirmation e-mail or displays a printable confirmation and summary web page of the order, which also contains the data recalled in the previous point.
5.3. The contract is not considered concluded and effective between the parties in default of what is indicated in the previous point.
Art. 6 Methods of payment and refund
6.1. Any payment by the Buyer can only be made by one of the methods indicated on the specific web page by the Seller.
6.2. Any refund to the Purchaser will be credited through one of the methods proposed by the Seller and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 14, point 2 and ss. of this contract, at the latest within 30 days from the date on which the Seller became aware of the withdrawal.
6.3. All communications relating to payments take place on a specific line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
Art. 7 Delivery times and methods
7.1. The Seller will deliver the selected and ordered products, in the manner indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 5.2
7.2. The shipment will take place within a maximum of 5 working days from the order confirmation. In the event that the Seller is not able to make the shipment within that period, timely notice will be given by e-mail to the Buyer.
7.3. The methods, times and shipping costs are clearly indicated and well highlighted
Art. 8 Prices
8.1. All sales prices of the products displayed and indicated on the website www.bonaturalblankets.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc
8.2. The sales prices referred to in the previous point are inclusive of VAT and any other
tax. Shipping costs and any ancillary charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the Buyer and are contained in the summary page of the order placed.
8.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
Art. 9 Availability of products
9.1. The Seller ensures through the electronic system used, the processing and fulfillment of orders without delay in the times indicated. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available.
9.2. If an order exceeds the quantity existing in the warehouse, the Seller, via email, will notify the Buyer if the asset is no longer bookable or what are the waiting times to obtain the chosen asset, asking if it intends to confirm the order or less.
9.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending the User a confirmation by e-mail, pursuant to point 5.2.
Art. 10 Limitation of liability
10.1. The Seller assumes no responsibility for disservices attributable due to force
greater if he is unable to execute the order within the time specified in the contract.
10.2. The Seller cannot be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the Internet outside of its own control or that of its suppliers.
10.3. The Seller will also not be liable for damages, losses and costs incurred
by the Purchaser following the non-execution of the contract for reasons not attributable to him, having the Purchaser entitled only to the full refund of the price paid and of any accessory charges incurred.
10.4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all precautions possible based on the best science and experience of the moment and on the basis of ordinary diligence.
10.5. In no case can the Purchaser be held responsible for delays or errors in the
payment if you demonstrate that you have made the payment in the times and ways indicated by the Seller.
Art. 11 Liability for defects, proof of damage and compensable damages: the Seller's obligations
11.1. Pursuant to articles 114 and ss. of the Consumer Code, the Seller is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged, within 3 months of the request, the identity and domicile of the producer or of the person who supplied him with the good .
11.2. The aforementioned request, by the Damaged, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
11.3. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, it still did not allow to consider the defective product.
11.4. No compensation will be due if the Damaged has been aware of the defect of the product and of the danger that derives from it and nevertheless has voluntarily exposed himself to it.
11.5. In any case, the Damaged must prove the defect, the damage, and the causal connection between defect and damage.
11.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
11.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).
Art. 12 Guarantees and methods of assistance
12.1. The Seller is liable for any lack of conformity that occurs within the term of 2 years from the delivery of the goods.
12.2. For the purposes of this contract, consumer goods are presumed to comply with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the goods that the Seller presented to the Buyer as a sample or model; c) present the usual quality and performance of an asset of the same type, which the Buyer can reasonably expect, taking into account the nature of the asset and, where appropriate, public declarations on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, particularly in advertising or on the labeling; d) they are also suitable for the particular use desired by the Buyer and which was brought to the attention of the Seller at the time of the conclusion of the contract and which the Seller has accepted also for conclusive facts.
12.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
12.4. In any case, unless proven otherwise, it is assumed that the defects of conformity that occur within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
12.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
12.6. The request must be sent in writing, by registered letter with return receipt, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Seller has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
12.7. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the Buyer, the latter may request, at his choice, a reasonable price reduction or termination of the contract. In this case, the Buyer must send his request to the Seller, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
12.8. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the responsibility of the Purchaser to indicate the methods for re-crediting the amounts previously paid to the Seller.
Art. 13 Obligations of the Buyer
13.1. The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the contract.
13.2. Once the online purchase procedure is concluded, the Buyer undertakes to print and / or keep this contract.
13.3. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Art. 14 Right of withdrawal and exchange
14.1. The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
14.2. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter, using the appropriate form provided, at: BO'S DI FRANCESCA BARDELLI, via Luigi Canonica 63- Milano 20154, or via e-mail to the e-mail bonaturalblanket@gmail.com provided that these communications are confirmed by sending a registered letter to the address: BO'S DI FRANCESCA BARDELLI, via Luigi Canonica 63- Milano 20154 within 48 (forty-eight) hours thereafter. The stamp affixed by the post office on the receipt issued will prevail.
14.3. The return of the goods must however take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
14.4. The Purchaser cannot exercise this right of withdrawal for made-to-measure or clearly personalized goods, as required by art. 55 of the Consumer Code.
14.5. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller.
14.6. The Supplier will refund the entire amount paid by the Buyer within 30 (thirty) days from the receipt of the notice of withdrawal.
14.7. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
14.8 Exchange. Given the unique nature of the garments sold, we are unable to offer the product exchange service. If you want to order a color or size variation of the same garment, or to buy another one, we invite the buyer to exercise the right of withdrawal and subsequently make a new order.
Art. 15 Causes of termination
15.1. The obligations referred to in point 13.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 6.1, and also the exact fulfillment of the obligations assumed by the Seller in point 7, have an essential character, so that, by express agreement, the failure of only one of these obligations, unless determined by unforeseeable circumstances or force majeure, will entail the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial judgment.
Art. 16 Protection of confidentiality and treatment of the Buyer's data
16.1. The Seller protects the privacy of its customers and guarantees that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003, n. 196.
16.2. The personal and tax personal data acquired directly and / or through third parties by the Seller, the data controller, are collected and processed electronically, in relation to the processing methods for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (art.24, paragraph 1, letter b, Legislative Decree 196/2003).
16.3. The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data may be presented only upon request of the judicial authority or other authorities authorized by law.
16.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated (example: courier) and communicated exclusively for this purpose.
16.5. The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, that is the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the certification that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment occurs proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
16.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed.
16.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
16.8. The owner of the collection and processing of personal data is the Seller, to whom the Purchaser may direct any request at the office.
16.9. Anything received by the Seller's e-mail address (also electronic), outside of the purchase procedures (requests, suggestions, ideas, information, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information, not detrimental to the rights of others and truthful, in any case no responsibility can be attributed to the Seller for the content of the messages themselves.
Art. 17 Method of archiving the contract
17.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that every order sent is stored digitally on the server according to confidentiality and security criteria.
Art. 18 Communications and complaints
18.1. Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address: BO'S DI FRANCESCA BARDELLI, via Luigi Canonica 63- Milano 20154, or sent by e-mail to the following address: bonaturalblanket@gmail.com . The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the communications of the Seller to be sent.
Art. 19 Settlement of disputes
19.1. All disputes arising from this contract will be referred to the Chamber of
Commerce of Milan and resolved according to the Conciliation Regulation adopted by the same.
19.2. If the parties intend to say the ordinary judicial authority, the competent court is that of the place of residence or elected domicile of the Purchaser, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Art. 20 Applicable law and postponement
20.1. This contract is regulated by the Italian law.
20.2. Although not expressly provided here, the legal provisions applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.
20.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.
Form for exercising the right of withdrawal
Withdrawal form pursuant to art.49, paragraph 1, lett. h) of the Legislative Decree n. 21 of 2014 (complete and return this form only if you wish to withdraw from the contract)
Recipient:
e-mail:
With this I_________________________ I notify the withdrawal from the sales contract relating to the purchased good: __________________
Buyer details: ___________________
Purchaser's signature (only if this form is notified in hard copy)
Date