{"id":6949,"date":"2021-09-02T17:33:39","date_gmt":"2021-09-02T15:33:39","guid":{"rendered":"http:\/\/boerley.com\/terms-and-conditions\/"},"modified":"2021-10-12T18:27:15","modified_gmt":"2021-10-12T16:27:15","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/boerley.com\/en\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"\t\t
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Terms and conditions of sale<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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<\/p>\n

Boerley di Daniele Marta, based in Via Genzianelle 5, 28886 PIEVE VERGONTE – Italy, VAT number IT02375100035, deals with the offer and sale via e-commerce of the products (hereinafter the “Product” or “Products”) present on the site boerley.com<\/a> (hereinafter the “Site”).<\/p>\n

<\/p>\n

These Conditions of Sale have as their object the offer and sale of products and services carried out remotely via a telematic network on the Site (Legislative Decree 206\/05, hereinafter the “Consumer Code”).<\/p>\n

<\/p>\n

ART. 1: Conclusion of the sales contract
<\/strong><\/p>\n

<\/p>\n

The Customer is the user of the Site who accesses the e-commerce check-out, and is identified by the data entered when completing and sending the order form in electronic format. It is strictly forbidden for the Customer to enter false and \/ or invented and \/ or fantasy names in the online order procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. Furthermore, the Customer indemnifies the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, since the Customer himself is solely responsible for the correct insertion.<\/p>\n

<\/p>\n

Purchases on the Site are reserved for the consumer customer (ie a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form a reference to VAT number, hereinafter “Consumer” ), therefore excluding subjects such as traders, wholesalers, retailers, professionals, etc. who intend to resell the Products to third parties. The non-Consumer customer is invited to refrain from concluding commercial transactions on the Site and, in any case, the Seller reserves the right not to process orders from subjects other than the Consumer or in any case to orders that do not comply with its commercial policy. .<\/p>\n

<\/p>\n

The confirmation and dispatch of the order by the Customer, according to the instructions that will appear on the web pages from time to time, implies the acknowledgment and full acceptance of these General Conditions of Sale by the Customer, as well as of as provided in the Privacy, Shipping and Returns sections of the Site. The Seller reserves the right to modify these General Conditions of Sale at any time, also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication of the same on the Site.<\/p>\n

<\/p>\n

The sales contract between the Seller and the Customer is understood to be finalized with the acceptance of the order by the Seller.<\/p>\n

<\/p>\n

If the Customer is a Consumer, once the online purchase procedure has been completed, he will print or save an electronic copy and in any case keep a copy of the orders sent to the Seller, the order confirmations received and these General Conditions of Sale, in the compliance with the provisions on distance selling by the Consumer Code.<\/p>\n

<\/p>\n

Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for the non-acceptance, even partial, of an order.<\/p>\n

<\/p>\n

The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public.<\/p>\n

<\/p>\n

ART. 2: How to purchase<\/strong><\/p>\n

<\/p>\n

The Customer can only purchase the products present in the online catalog at the time of placing the order and viewable at the address boerley.com<\/a> , as described in the relevant information sheets. The order will be validly processed upon receipt by the Seller of the confirmation of the debit of the Price and of the costs for transport and delivery on the Customer’s credit card or bank account.<\/p>\n

<\/p>\n

The image accompanying the description of a product may not be perfectly representative of its characteristics, but differ in, for example, color, size, accessory products shown in the figure and may vary at any time without any prior notice by the Salesperson. The Seller declines all responsibility for any inaccuracies relating to the Product sheet, as it has a purely illustrative function.<\/p>\n

<\/p>\n

Correct receipt of the order is confirmed by the Seller by an e-mail reply, sent to the e-mail address supplied by the Customer. This confirmation message will contain the date and time of receipt of the order and a Customer Order Number to be used in any further communication with the Seller. The message re-proposes all the data entered by the Customer, the essential characteristics of the asset, the indication of the price, payment methods, delivery methods and costs and applicable taxes. The Customer must verify its correctness and promptly notify the Seller of any corrections to the following e-mail address: crew@boerley.com<\/a> .<\/p>\n

<\/p>\n

In case of non-acceptance of the order, the Seller guarantees timely communication to the Customer.<\/p>\n

<\/p>\n

Purchase requests from countries other than the one selected by the Customer or destined for countries other than that of the Customer or destined for addresses to which the Seller cannot ship (for reasons, for example, of unsuitable approval of the Product ordered according to regulations of the country of destination) cannot be accepted by the Seller.<\/p>\n

<\/p>\n

In order to complete the Product purchase procedure, the Customer may, alternatively:<\/p>\n

<\/p>\n

Enter all the data necessary to complete the order form from time to time; register on the site by entering the required data in the appropriate form available on the site and choose the personal code (Password) and the identification code (User-Id), coinciding with the e-mail address (hereinafter “Tools of Identification “) and complete the order form.<\/p>\n

<\/p>\n

All the aforementioned data are subject to the provisions of Legislative Decree June 30, 2003 n. 196, on the subject of “Protection of the person and other subjects regarding the processing of personal data” and may be modified at any time by following the procedure indicated on the Site for this purpose. In case of registration, the Customer’s data will be stored by the Seller so that, once the first purchase has been made, the Customer can use the Identification Tools chosen at the time of registration to continue with the order. Furthermore, the registered Customer will no longer have to enter their data to conclude the purchase orders subsequent to the first.
The Identification Tools are personal and not transferable to third parties, they must be kept secret and, for security reasons, they must not be kept together, nor recorded on a single document. In the event that the Customer has forgotten the Password and \/ or User-ID chosen at the time of registration, he must contact the Seller at the following e-mail address: crew@boerley.com<\/a><\/p>\n

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ART. 3: Prices<\/strong><\/p>\n

<\/p>\n

The Products will be sold at the prices indicated in the online product sheet upon confirmation of the order by the Customer. The prices are to be considered inclusive of all applicable taxes or duties, including VAT, and are expressed in Euros. Prices may vary without prior notice.<\/p>\n

<\/p>\n

Before the Customer confirms the order by clicking on the appropriate button, a summary of the prices of the products loaded on the cart, taxes and delivery costs will appear on the web page, which the Customer undertakes to pay to the Seller in addition to the price of the Products indicated on the Site. These data will then be automatically reproduced in the order form that the Customer sends to the Seller following the order procedures. If the Products must be delivered to a country outside the European Union, the total price indicated in the order, and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties, expenses customs clearance and any other additional sales tax that the Customer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country where the products will be delivered.<\/p>\n

<\/p>\n

The Customer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products. The Customer declares that the lack of knowledge of the costs, charges, duties, taxes and \/ or taxes referred to in the previous paragraphs at the time of sending the order to the Seller, cannot constitute grounds for termination of this contract and cannot in any way charge the aforementioned charges to the Seller.<\/p>\n

<\/p>\n

ART. 4: Accounting documentation and delivery methods<\/strong><\/p>\n

<\/p>\n

For each order accepted and placed, the Seller issues a receipt (or invoice if the Customer is not a Consumer and has indicated his VAT number in the order) of the material sent, sending it by e-mail to the holder of the order, pursuant to of article 14 of Presidential Decree 445\/2000. For the issuance of the tax receipt (and \/ or invoice) the information provided by the Customer at the time of the order is valid. No variation of the fiscal document will be possible after the issuance of the same.<\/p>\n

<\/p>\n

The delivery of the Products purchased by the Customer will be carried out by the Seller by means of a specially appointed courier to the address indicated by the Customer. Each shipment contains: i \/ the Product \/ s ordered \/ s; the invoice issued by the Seller, if required by law. Indicatively – but in any case without this entailing any constraint for the Seller and without prejudice to (a) the actual availability of the Products; (b) the periods of closure of the logistics warehouse for holidays, inventory, security checks; And (c) the occurrence of any causes of force majeure – the Products ordered will be delivered by the Seller to the selected courier within 3\/5 working days from the date of the order.<\/p>\n

<\/p>\n

In any case, no responsibility can be attributed to the Seller in case of delay in the fulfillment of the order or in the delivery of the order. Shipping costs, unless otherwise indicated, are added to the total cost of the order and are specified during the check-out procedure, before the purchase process is completed. The costs are calculated automatically based on the weight, the volume of items purchased and the geographical area of reference of the delivery.<\/p>\n

<\/p>\n

The Customer can check the status of his shipment directly from the courier’s website, thanks to the references that will be communicated via e-mail together with the notification of shipment. Deliveries will be made to the address indicated by the Customer, who will take care to indicate a telephone number so that the courier can contact him before delivery.<\/p>\n

<\/p>\n

ART. 5: Methods of payment
<\/strong><\/p>\n

<\/p>\n

The Customer can make the payment according to one of the methods provided on the Site (Credit Cards, Paypal).<\/p>\n

<\/p>\n

In cases of purchase of the Products by credit card, together with the order by the Customer, the reference bank will authorize only the commitment of the amount relating to the order placed. The amount relating to the goods dispatched, even partially, will be effectively charged to the Customer only upon notification to the Seller, by the courier, of the material shipment of the ordered goods.<\/p>\n

<\/p>\n

At no time during the purchase procedure, the Seller is able to know the information relating to the Customer’s credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction and no electronic archive of the Seller will retain such data. In no case, therefore, the Seller can be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment for Products purchased on the Site.<\/p>\n

<\/p>\n

ART. 6: Right of withdrawal<\/strong><\/p>\n

Pursuant to the Consumer Code, if the Customer is a Consumer, he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within 30 days of receipt of the purchased Product.<\/p>\n

<\/p>\n

To exercise this right, the Customer must send the Seller an explicit written communication to that effect (Returns Form, for the text see below), within 30 working days from the date of receipt of the goods.<\/p>\n

<\/p>\n

This communication must be sent: by registered letter with acknowledgment of receipt, addressed to: Boerley di Daniele Marta, with registered office in Via Genzianelle 5, 28886 PIEVE VERGONTE – Italy, VAT number IT02375100035; or by e-mail to the following address: crew@boerley.com<\/a> .<\/p>\n

<\/p>\n

Once the notice of withdrawal has been received, the Seller’s Customer Service will quickly communicate to the Customer the instructions on how to return the goods. The consumer must return the Product (s) or deliver it (s) to the Seller, or to a third party authorized by the Seller to receive them, without undue delay and in any case within fourteen working days from the date on which he communicated to the Seller his will to withdraw from the contract.
<\/p>\n

<\/p>\n

The purchased Product must be returned in its entirety and intact, with all accessories and any spare parts, in the original packaging, complete in all its parts (including packaging and any documentation, etc …). The Customer can manipulate the Product in order to establish its nature, characteristics and functioning, but is responsible for the decrease in the value of the Product resulting from manipulation other than that necessary for this purpose. In the case of prize operations or coupled promotional sales, in which the purchase of an asset is associated with another asset that is sold at a discounted price (or given away), the right of withdrawal will be legitimately exercised with the return of both. the Products object of the purchase (given the constraint of the accessibility of the goods in promotion with respect to the first) .In the event that the Customer had benefited during the purchase of favorable conditions with reference to shipping costs (for example, Free Shipping or similar), will not be able to use the aforementioned service but will have to return the Product according to the ordinary procedure.<\/p>\n

<\/p>\n

The Seller, after having checked the Product received and approved the return, will refund the price of the Product for which the Customer has exercised the right of withdrawal and the shipping costs incurred by the Customer at the time of the order (with the exception of costs resulting from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), and this within a maximum period of 30 (thirty) days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Customer, using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise.<\/p>\n

<\/p>\n

If there is no correspondence between the recipient of the Products indicated in the order form and who made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be carried out by the Seller, in every case, against the person who made the payment. In case of damage to the goods during transport, the Seller will notify the Customer of the incident within the 5th working day from receipt of the goods in their warehouses, to allow him to promptly file a complaint against the courier chosen by him and obtain a refund. the value of the asset (if insured); in this case, the product will be made available to the customer for its return, at the same time canceling the request for withdrawal. The Seller is not responsible in any way for damage or theft \/ loss of goods returned by uninsured shipments. Upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. The notice of withdrawal (Returns Form) must contain the following information: (a) address of the recipient, including the address of the delivery warehouse; (b) date; (c) the following text: I hereby notify the withdrawal from my contract of sale of the following goods \/ services: list of goods \/ services; order number; order’s date; (d) Customer’s name and address; (e) Customer signature A Returns Form to be filled in can be requested at the e-mail address: crew@boerley.com<\/a> .<\/p>\n

<\/p>\n

ART. 7: Warranty and complaints<\/strong><\/p>\n

<\/p>\n

On the Site<\/a> Products are mainly offered for sale bearing the brands of which Boerley is the owner or licensee, or by those of companies with commercial partnership relationships, purchased directly by the Seller from companies belonging to the Boerley Group. The Seller does not sell used goods, irregular or inferior quality to the corresponding standards offered on the market.<\/p>\n

<\/p>\n

The Products purchased on the Site are subject to the warranty regulations, as applicable, referred to in Directive 44\/99 \/ EC and the “Consumer Code”, articles 128 and following, on sales contracts concluded between professionals and Consumers and on guarantees relating to consumer goods and, to the extent not contemplated therein, to the specific provisions on the matter provided for by the Italian Civil Code. Therefore, the Seller guarantees the Consumer Customer that the Products are free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer.<\/p>\n

<\/p>\n

The application of any warranty is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions \/ warnings in this regard provided by the Seller and \/ or by Boerley, or reported in the reference illustrative documentation, in the tags. or in the labels. This guarantee will apply to the Product that has conformity defects and \/ or malfunctions not detectable at the time of purchase, provided that the Product itself has been used correctly and with due diligence, that is, in compliance with its destination and as provided in any documentation. technical, in compliance with the various operating rules indicated therein. The aforementioned guarantee will not be applicable in case of negligence or carelessness in the use and maintenance of the Product.<\/p>\n

<\/p>\n

The guarantee is personal and will therefore apply only to the original purchaser, being reserved exclusively for the Seller’s Customers who hold the status of Consumers. Any non-conformity of the Products (including the non-conformity of the Product due to damage due to transport) must be reported to the Seller no later than 2 (two) months from the discovery (term provided for by the Consumer Code) with the compilation of the Form Returns can be requested at the e-mail address crew@boerley.com<\/a> . The form must be attached by the Customer at the time of returning any non-compliant Product together with the copy of the order confirmation sent by e-mail by the Seller or of the invoice. The Seller may request the Customer to send photographic documentation by e-mail to support the alleged non-compliance.<\/p>\n

<\/p>\n

The timing of any repair or replacement of the Product depends exclusively on the manufacturer’s policies and no damage can be requested from the Seller for any delays in carrying out repairs or replacements. The Product, even if allegedly non-compliant, at the time of return to the Seller for repair or replacement must be complete with packaging and all accessories and documentation received by the Customer at the time of purchase. The return of the Product without the original packaging, accessories or documentation referred to above prevents the Seller from intervening on the Product itself and therefore makes both repair and replacement impossible. The Seller reserves the right to verify the actual defects reported by the Customer and to have the repair or replacement carried out after this check. If, following verification by the Seller, the defect complained of by the Customer does not result in a lack of conformity, the Seller reserves the right to charge the Customer the costs of verification and restoration, as well as the related transport costs incurred. The Customer may choose to have the purchased Products back – at his own expense. If the Customer refuses the shipment, the Seller reserves the right to withhold the Products and the corresponding amount for the purchase of the same. In the event that the Product is not affected by a lack of conformity, it will be possible for the Customer to request a quote for the repair of the Product for a fee.<\/p>\n

<\/p>\n

ART. 8: Liability
<\/strong><\/p>\n

<\/p>\n

The Seller is not liable, except in cases of willful misconduct or gross negligence, for direct, indirect or consequential damages not foreseeable at the date of signing these General Conditions of Sale, suffered by the Customer or by third parties depending on the services rendered by the same and \/ or for damages of any kind or for any reason connected with them, deriving from any non-fulfillment of the obligations against them, even in the event of compensation for damages claimed by third parties for any reason. The Customer expressly acknowledges that the Seller’s liability for any non-fulfillment of the services referred to in the preceding point is limited to, and may in no case exceed, the amounts received by the same and paid by the Customer in relation to the performance of the individual services to which responsibility refers. Any greater damage, loss, cost or expense is expressly excluded.<\/p>\n

<\/p>\n

The Seller’s liability is excluded for any disservices and \/ or prejudices that may arise to the Customer from causes not attributable to the same or, in any case, from delays due to malfunctioning, failure or irregular transmission of information or causes beyond its own control including, without limitation, delays or drops in the system line, interruption in the operation or lack of connection of the Internet network or interruption, suspension, malfunction of the Internet access nodes, interruption, suspension or malfunction of the electronic, postal or electricity supply; from lockouts or strikes, including by its own personnel, wherever they occurred; by impediments or obstacles determined by legal provisions or by acts of national or foreign authorities; by measures or acts of a judicial nature or by third parties; from other causes not attributable to the Seller and in general to any impediment or obstacle that cannot be overcome with ordinary diligence criteria by the Seller in relation to the nature of the activity carried out.<\/p>\n

<\/p>\n

The Seller has the right to suspend and interrupt the connection service to the Site at any time for technical reasons, for reasons related to the efficiency and safety of the services themselves, as well as to suspend their operation for precautionary reasons, without the Seller being able to be held responsible for the consequences of any interruptions or suspensions. The Seller is not responsible for any fraudulent or illegal use that may be made by third parties of the credit cards used by the Customer at the time of purchase of the Products. The Seller, in fact, at no time during the purchase procedure is able to know the Customer’s credit card number. Finally, any contractual and extra-contractual liability on the part of the Seller for direct or indirect damages to persons and \/ or things, caused by the non-acceptance, even partial, of an order by the Seller is excluded.<\/p>\n

<\/p>\n

ART. 9: Privacy<\/strong><\/p>\n

<\/p>\n

We hereby inform you that, pursuant to and by effect of art. 13 of the legislative decree 30.06.2003 n. 196, the personal data that will be provided by the Customer to the Seller are processed by the same, also with automated methods, for inclusion in the customer database and are necessary for the possible conclusion of a contractual relationship and for subsequent civil law obligations. , tax, management. The data may also be used for statistical extrapolation and commercial and promotional communications, without prejudice to the Customer’s right to communicate at any time the desire to no longer wish to receive such communications.<\/p>\n

<\/p>\n

The provision of data is optional, but failing that, however, it will be impossible to enter into a sales contract and therefore to accept the order.
The Customer’s data may be communicated, for the same purposes as the collection, to group companies, commercial partners, as well as to subjects entrusted with outsourcing services. The data controller is Boerley di Daniele Marta, with registered office in Via Genzinalle 5, 28886 PIEVE VERGONTE – Italy.
We inform you that, in relation to the provisions of art. 7 of Legislative Decree mentioned above, the Customer will have, among other rights, that of obtaining: confirmation of the existence of personal data concerning them; the cancellation, transformation into anonymous form or blocking of any data processed in violation of the law; updating, rectification or integration of data. The Customer may exercise the rights referred to in art. 7 by writing to: crew@boerley.com<\/a><\/p>\n

<\/p>\n

ART. 10: Information and complaints<\/strong><\/p>\n

<\/p>\n

For any request for clarification or complaint, the Seller can be contacted at the following e-mail address: crew@boerley.com<\/a> .<\/p>\n

<\/p>\n

ART. 11: Applicable law and competent court<\/strong><\/p>\n

<\/p>\n

This contract is regulated by the Italian law. For the solution of civil and criminal disputes arising from the conclusion of this Agreement, if the Customer is a Consumer, the territorial jurisdiction is that of the reference forum of his Municipality of residence; in all other cases the territorial jurisdiction is exclusively that of the Court of Verbania.<\/p>\n

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