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1. LEGAL DISCLAIMER


Borbonese S.p.A. with sole shareholder, with registered office at Via Monte di Pietà 24 20121, Milano (MI) Italia, corporate capital 12.500.000,00 fully paid-in, VAT 01703261204, Fiscal Code and registration number with the Register of Enterprises of Bologna 80013140373, REA BO-105811 (hereinafter, “Borbonese”), owner of this website (hereinafter the “Web Site”),  welcomes the users and hopes that the Web Site is to their liking and that the information contained hereto might be useful to them. The access to the Web Site and any use of the information it contains are subject to the following terms and conditions of use (hereinafter, the “Terms of Use”). If the user do not agree with the contents of these Terms,we ask the same to refrain from any further use of the Web Site. For any other legal info, the user is kindly asked to consult the sections: General Condition of Sale and Privacy Policy. The simple connection to this Web Site, the use of the Client Service, the communication with Borbonese, the possibility of downloading information concerning products and the purchase of the same by means of the dedicated section of the Web Site, implies that the user has adhered and adheres, without any condition or limitation, to the Terms of Use. Borbonese reserves the right to modify the Terms of Use at any moment and without any prior notice. The simple connection to this Web Site performed by the user shall be equivalent to the unconditional acceptance of the amendments and revisions of the Terms of Use. Therefore we advise the users to regularly review the current text, considering that the mere access to the Web Site shall imply in any case the full acceptance of any amendments which might have occurred. 

Intellectual Property This whole Site, and all material contained here , is protected by copyright and other intellectual property rights. You may view, print, and copy the contents of this Site (including, but not limited, text, images, animations, videos, logos and drawings) only for personal, non-commercial use. Except here as provided, you may not use, modify, print, display, reproduce, distribute or publish any information contained on this site without the written consent of Borbonese. This Site may contain material protected by intellectual property rights of third parties. In such cases, the permitted use shall be verified with the owners or licensees of such rights as well as from time to time identified in the Site.

Contributions All contributions or material transmitted to Borbonese through the Site, including any questions, comments, suggestions regarding the content of the Site ("Contributions") will be considered non-confidential. In particular, Borbonese will not be obligated with respect to such Contributions and shall be free to copy, use, use, disclose, display, modify, create derivative works of nature and / or publish their contributions without any limitation or compensation due. In addition to the foregoing, Borbonese reserves the right to use without the requirement to recognize any compensation and / or consideration, ideas, concepts, know-how or techniques contained in the Contributions for any purpose, including, but not limited, to the production and / or marketing products incorporating such contributions.

Disclaimer of warranties and limitation of liability Borbonese offers this Web Site without any guarantee concerning its continuity and contents. In particular, Borbonese does not give any warranty, expressly or implicitly, concerning the Web Site and its contents with reference to the ownership of the information contained herein, the absence of potentially harmful programs (such as viruses, worms and Trojan horses), and the suitability of contents for specific purposes or commercial uses. In any way, Borbonese does not give any warranty concerning the accuracy, completeness, and updating of the information contained in this Web Site and the deprivation of the Web Site from defects or that any defects will be corrected. Borbonese shall not respond in any way, by way of contractual or non-contractual liability, for any damages, direct or indirect, actual or potential, specific or general of any nature, regardless of the circumstance that Borbonese was aware of the possibility of the occurrence of such damages might arise from the use, inability to use and/or performance of any product, information or contents of this Web Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not, wholly or partially, apply.

 

Release from liability In any case, by accessing the Site, the user agree to release from liability, hold undamaged and defend Borbonese, its subsidiaries and affiliated companies, its employees, directors and shareholders from any third party claims, damages, losses, costs, expenses (including attorneys' fees and court incurred) arising out of your use of the Site or in relation to it.

Links and information from third party sources This Site may contain links to other Web Sites (hereinafter, “Links”). Borbonese disclaims any liability with regard to the content and materials available at such sites or otherwise obtained through them. All links to other websites, as well as any other reference to information from third party sources, may not be held in any way as an validation expressed or implied by Borbonese. Questions and / or comments regarding the sites referred to by links should be addressed to the administrators of those sites. This Site may also contain information from third parties, from time to time duly identified, to whom you shall make reference to any matter concerning their accuracy, truthfulness and completeness.

productsThe products in this Site are representative of the collections Borbonese . This site does not necessarily contain all of the products Borbonese nor any particular product displayed on this Site are or will necessarily be available in all stores Borbonese. Borbonese reserves the right to modify without notice the style, design and colors of the products Borbonese . The informations that Borbonese publishes on the World Wide Web may contain references to products, programs and services of Borbonese or its subsidiaries which may not be available or announced in your country. Such references do not imply that of Borbonese to announce such products, programs and services in your country. Therefore, please refer the local representatives of Borbonese about the products, programs and services available in your country. The Web site allows, with an appropriate section, to make on-line purchases of Borbonese branded products. Each purchase is subject to the terms and conditions of sale that can be consulted in the section General Sale Conditions. The data provided will be treated in compliance with our Privacy Policy. The user is encouraged in this regard, to visit the appropriate Privacy Policy’s section.

Contents of the Web Site - Liability Disclaimer The data contained in this Web Site may contain inaccuracies and typographical errors. Borbonese disclaims any liability for any loss or damage caused by or related to the reliance by users of the Site on information contained herein. Therefore,the user will be in charge of independent evaluation of the accuracy of the information published on this site. Borbonese reserves the right to modify at any time the Site and its content without obligation to notify prior or later.

Unauthorized access and use of the website Web Site's users are authorized to access only the documents listed in its menu. It is forbidden any unauthorized attempt to overcome or circumvent security features of the Site, use of the operating systems running the Site for purposes other than those for which they are intended and deny service to authorized users; as well as It is forbidden access, destroy, alter, damage information contained herein or to interfere with such systems. After any such action, Borbonese will be report without delay to the relevant authorities and the actions pursued in all relevant forums civil and criminal penalties under applicable laws and international conventions.

Applicable law These Terms of Use are governed by Italian law.

2.CONDITIONS OF SALE


These General Conditions of Sale (hereinafter the "General Conditions" ) govern the sale of Borbonese branded products on the Web Site www.borbonese.com (hereinafter, the “Web Site”) between the seller company, Borbonese S.p.A., with sole shareholder, with registered office in Italy, Via Monte di Pietà 24 20121, Milano (MI), VAT 01703261204, Fiscal Code and registration number with the Register of Enterprises of Bologna 80013140373, REA BO-105811, corporate capital 12.500.000,00 fully paid-in (hereinafter, the “Seller”) and the customers who buy products on the Borbonese‘s Web Site. The information contained in the form of purchase orders form part of these General Conditions. By submitting this form, the user confirm his/her acceptance to the General Conditions and the additional information contained in www.borbonese.com web site, including the terms and Conditions of Use of the Web Site and the Privacy Policy. We recommend, therefore, that the user pays close attention to the clauses hereto. The user may request any information to Borbonese through assistance services calling the Customer Service at the phone number +39 051 770 111. The purchase of products or services on web sites which differs from the Web Site, even if accessed through hyperlinks on the Web Site, shall not be governed by these General Conditions of Sale.

Terms and Conditions
1.1 The offer and sale of the Products on the Site constitutes a distance contract governed by Articles . 50 et seq. of Legislative Decree 6 September 2005, n. 206 ( " Consumer Code" ) and Legislative Decree 9 April 2003 n . 70 , which includes the rules of e-commerce .

1.2 These General Conditions of Sale apply to all sales made by Borbonese on this Site

1.3 These Terms and Conditions may be changed at any time . Any changes and / or new terms will be effective from the time of their publication on the Website in the “General Conditions of Sale”. Users are therefore advised to regularly access the Site and to consult before making any purchase, the latest version of the General Conditions of Sale.

1.4 The General Conditions of Sale apply are those in force on the date of submission of the purchase order.

1.5 The User must read carefully these Terms of Sale, which are made available in the Contract Conditions of the Site and of which he is permitted to store and playback, as well as any other information Borbonese provides that the on -site , both before and during the purchase process .

1.6 These General Conditions of Sale are applicable in the following countries : Italy , Austria, Germany , Denmark, Sweden , Finland, France , Belgium, Netherlands , Luxembourg, Spain , Portugal, United Kingdom, Ireland, Greece, Bulgaria, Slovenia , Romania, Czech Republic, Latvia , Lithuania, Hungary , Slovakia, Estonia, Poland, each of which is associated with a specific section of the site ( "Country ").

1.7 When the user accesses the Site , the Site, via IP address , recognize the State from which the user is accessing .

1.8 The Country of navigation , therefore, is the one associated to the state from which the user is accessing the Site (" Country Navigation ").

Shopping on web site
2.1 The purchase of the Products on the Website is permitted only to persons who:

(i) aged 18 years; if you are under the age of majority or can not legally conclude an agreement, the order must be made by a parent or curator on behalf of the user. All orders made in contravention of this provision and all contracts concluded on the basis of such orders will be without any effect;

(ii) have the capability to act;

(iii) are consumers, meaning those natural person who, in relation to the purchase of the Products, are not carrying out trading, business, profession or craft activities.

By placing an order through the Web Site, the user represent and warrant that he/she is the ultimate consumer, which shall not deliver, sell or otherwise distribute the Products and shall not buy the Products for commercial purposes or to gain any other benefit of a commercial nature. If Borbonese had reason to believe, at its sole discretion, that an order has been made in violation of these General Conditions it may refuse such order.


2.2 Borbonese reserves the right to refuse or cancel orders that come from:

(i) A person with whom it has an ongoing legal dispute ;

(ii) From a user who has previously violated the conditions and / or the terms of the purchase agreement with Borbonese ;

(iii) A member who has been involved in fraud of any kind and , in particular, in fraud relating to payments by credit card ;

(iv) A user who has released data identifying false , incomplete or inaccurate , or who has not sent in a timely manner by the same Borbonese documents required under the procedure laid down in Article 10.3 or that has sent invalid documents.

Web Site registration
3.1 Registration to the site is free and does not represent, in any case, a prerequisite in order to access the e-commerce services. To register, you must fill in the form with your name, title, e-mail address and password and click on " Register" . The successful of registration with the Site will be confirmed to you with a specific e-mail .

3.2 Each user can take advantage of a single registration to the Site

3.3 Registration of the Site allows you to use the services reserved to registered users , including the e -commerce provided by Borbonese . In particular, the registered user with a personal account My Account , can :

(i) Save own addresses ;

(ii) Save own payment details so that they are re-used for the payment of subsequent purchases ;

(iii) Access to all information relating to orders and returns ;

(iv) Follow the order status ;

(v) Manage and update your personal information at any time.

3.4 The user guarantees that the personal information provided during the registration process to the Site is complete and accurate and agrees to hold harmless Borbonesw for any damages, claims for damages and / or penalties arising from and / or in any way connected to the violation by the user of the rules on registering for the Site or on the Conservation of login credentials .

3.5 The registration on the Site constitutes acceptance of these Terms and Conditions

Nature of orders
4.1 The presentation of Products on the Web Site does not constitute an offer, but merely an invitation to offer of Borbonese. By placing your order, the user shall send Borbonese an offer relevant to the purchase of the product/s chosen/s. This offer shall be processed by Borbonese in compliance with the following General Conditions of Sale. The purchase agreement shall be concluded only upon acceptance by Borbonese, by sending an order confirmation in writing.

Information for the completion of the contract
5.1 In accordance with Legislative Decree 9 April 2003 n . 70 laying down provisions on electronic commerce, Borbonese informs that :

(i)  to execute the purchase agreement of one or more products on the web site, the user shall fill in an order form and send it, in electronic format, to Borbonese, following the instructions that shall appear, from time to time, on the Web Site;

(ii) before submitting the order form, the user shall be able to read attentively the General Conditions. The user shall be able to identify and correct eventual insertion errors of data by following the instructions on the web site;

(iii) the order form will be stored in Borbonese’s database of for the time necessary for the performance of the same and, in any case, in terms of law. To access his/her order form, the user shall refer to Section "My Account - My Orders" of the Web Site;

(iv) after the order is placed, you shall receive by e-mail a confirmation of the order stating the details of the order. The response to the order does not count as acceptance of the same. Following the transmission of the order confirmation, Borbonese shall carry out the usual security and anti-fraud checks, and then process the order;

(v) the agreement shall be deemed concluded between the user and Borbonese at the positive outcome of the verification by Borbonese of the correctness and completeness of the order form, the availability of products ordered and the regular payment of the price. In this sense, Borbonese once performed this verification, shall send to the user, written confirmation of the acceptance or rejection of the order. Such notice shall be sent to the user in any case within thirty (30) days from the day following the one in which the electronic transmission of the order has been carried out. It is understood that in case of refusal of the order, shall be returned to the user all the amounts eventually collected in the meantime by Borbonese.

5.2 The languages available to users for the conclusion of the contract are Italian or English. The Customer Service is able to communicate with users in the same languages.

Product Information 
6.1 Through the Web Site it is possible purchasing exclusively Bobonese branded products, characterized by the highest quality standards and the international prestige conferred by the same Trademark.

6.2 The information on the products and their products’ codes are available on the Web Site and the same shall be provided in accordance with Articles 52 and 53 of the Italian Consumer Code. Each product is accompanied by an information sheet that shows the main characteristics (hereinafter, “Information Sheet”). The images and descriptions on the Web Site reproduce as closely as possible the characteristics of the products. The colors of the products, however, may differ from actual colors due to the settings of the computer systems or due to the computers used by the users for their display. The images of the product in the Information Sheet also may differ in size or in connection with any ancillary products. These images must therefore be intended as merely indicative and with tolerances of the use. For the purposes of the purchase agreement, the description of the Product contained in the order form sent by the user shall prevail.

Products Availability
7.1 Products’ availability is constantly monitored and updated. Borbonese reserves the right at any time to vary the limits on the amount and/or type of products purchased online on the Web Site. The style, models and colors of the products described in the Web Site may be modified without prior notice. 

7.2  Because the Web Site may be visited by multiple users simultaneously, it may happen that more users purchase, at the same moment, the same Product. In such cases, therefore, the product may seem, for a short time available, instead of being exhausted or not readily available, because is necessary a mere re-assortment of the same.

7.3 If the Product is found to be available for the above reasons, or in other cases of unavailability of the product , without prejudice to other rights granted to you by law, Borbonese will immediately notify you by e -mail suggesting , either , and his choice :

(i) The termination of the contract of purchase and the resulting refund of the total amount due, representing the price of the Products, the shipping costs, if applicable , and any other additional cost ( " Total Amount Due " ) , if already paid ;

or

(ii) The provision of a different product of equal or greater value , subject to payment , in the latter case , the difference;

or

 (iii) If it is possible reassortment of the Product, an extension of the delivery date , stating the new term of delivery of the Product .

7.4 In the case of art. 7.3 (i) above , if the payment has already happened, Borbonese will refund the total amount due immediately , and in any event within a period of 15 days from the day after the order . The refund amount will be communicated to the user via e- mail and credited to the same payment method used by you for the purchase. Any delay in may depend on the bank , the type of credit card or payment solution used . In any case, the date of the amount credited will be the same as the .

prices, taxes and shipping costs 
8.1 All prices of products displayed on the Site are stated in Euro or , for countries outside the euro zone , in local currency and are inclusive of Value Added Tax . The shipping cost must be added to the prices as separately indicated in the order form made available at the following link.

8.2 Borbonese reserves the right to change the price of products at any time , without notice, provided that the price charged to the user will be indicated on the Site at the time of order and does not take account of any changes ( increase or decrease) following the submission of the same.

8.3 In the event of changes in the VAT rate applicable in the period between the date of the order and the date on which Borbonese shall be able to carry out the relevant shipment, Borbonese shall contact the user and ask him/her to confirm the order. If Borbonese shall not be able to receive the users’ instructions, it shall cancel the order and inform the user of such cancellation.

8.4 In the event that a product is offered on site at a discounted price will be shown the full price of reference against which the discount is calculated and the discounted price . It is understood that the supply of products at discounted prices will be made only in the event that the full price of the reference product matches the actual market price of the same Pruduct.

8.5 Borbonese constantly verifies that all prices indicated on the Web Site are accurate, but in any case not guaranteeing the total lack of errors. In the event that an error in the price of a product may arise, Borbonese shall give the user the possibility to reconfirm the order at Products at the correct price or to cancel it.

execution of the agreement 
9.1 In the event of the placing an order through the Web Site it shall be required to provide personal information, as required depending on the circumstances, such as shipping address, billing address and payment details. It is user’s responsibility to ensure that all personal information provided to Borbonese are true and correct. Borbonese or third parties that provide services to Borbonese may, at this time, collect information with additional security purposes or to prevent frauds.

9.2 Notwithstanding any other provision according to these General Conditions of Sale, Borbonese reserves the right to refuse, cancel and terminate orders at any time. For example, Borbonese might refuse, terminate or cancel the order if the user has a pending dispute concerning the payment of a previous order or if Borbonese suspects that the user has put in place fraudulent activities or has otherwise violated the General Conditions.

9.3 The procedure for placing an order on the Web Site allows the user to check and correct any errors in the order, before the same is transmitted. The user is asked to carefully check all the details before placing the order on the Web Site, including, without limitation, the details of each sale indicated on the Web Site. By placing an order through the Web Site the user shall forward an offer to Borbonese regarding the purchase of the Products.

9.4 After the order is placed through the Web Site , the user shall receive by e-mail an order confirmation showing the details of the same. This order confirmation does not count as acceptance of the order. Following the transmission of the order confirmation, Borbonese shall carry out the usual security and anti-fraud checks, and then process the order.

9.5 The agreement shall be deemed concluded between the user and Borbonese at the receipt by the user sent from Borbonese that its order - sent in accordance with the purchase procedure indicated on the Web Site – has been carried out successfully, and has followed the verification on the availability of the Product and the charging of the price. In the event that the successful completion of the payment is not confirmed, the purchase contract will be deemed not perfected. In case the payment has been correctly carried out, the purchase agreement shall not be considered as executed. With the completion of the order the user is obliged to pay the ordered Products.

9.6 Borbonese guarantees to process partially the order in the event of the unavailability of one or more products ordered by the user. In this case Borbonese shall charge the amount corresponding to the order which has been partially processed.

payment methods
10.1 Payment for Products purchased on the Site may be made by credit card or through PayPal payment solution . Credit cards accepted by Borbonese are specifically indicated in the payment methods section in the Cart.

10.2 In the case of payment by credit card, Borbonese, at the time of transmission of the order , does not the Total Amount Due charge , but is limited to verifying the validity of the card and the absence of any blockages . The charge Total Amount Due will be made only at the time of shipment.

10.3 In order to ensure the security of the payments made on the Site and to prevent any fraud , Borbonese reserves the right to ask the user send by email , through the same means , a copy of the front / back of the card d ' identity valid . In the e -mail request will specify the period within which the document must be received in Borbonese . This deadline will not, in any case, more than 5 working days from receipt of the request from the user. Waiting for the document requested, the order will be suspended. The user is responsible for sending the required documents within the time specified .

In case Borbonese will not receive these documents within the time specified in the e -mail request or will receive documents expired or invalid , the contract will be terminated as of right pursuant to and by effect of art. 1456 cc and the order subsequently canceled, subject to the right of Borbonese to compensation for any damage which it may incur as a result of non-compliant behavior of the user. The termination of the contract , of which the user will be notified by e -mail , no later than 5 days after the deadline for submission of required documents from Borbonese, will result in the cancellation of the order and will refund the Total Amount that had already paid by the user. In the case of receipt by Borbonese of valid documentation within the time specified , the delivery terms applicable to the Product shall be effective from the date of receipt.

10.4 Checking the box " Use these payment details for the next purchase " on the page " Purchase Details " in the process of purchase, you consent to the storage of credit card data entered and re-used for the payment of the next purchases on the Site, avoiding , in this way , having to enter the details of the credit card with every purchase ("One -click buy" ) . The user can , at any time , revoke the authorization for the re-use of credit card information for subsequent purchases by logging into your personal account and clicking on Remove in the appropriate page in the My Account .

10.5 If the user chooses PayPal as a payment method he will be redirected to the web site www.paypal.it to carry out the payment of the Products in accordance with the procedure provided for and regulated by PayPal and at the terms and conditions agreed between the user and PayPal. The data entered into PayPal’s web site shall be processed directly by PayPal and shall not be disclosed or shared with Borbonese. Borbonese is therefore not in a position to know in any way and does not store credit card’s data of the linked to the user’s PayPal account or the details or any other payment instrument associated with this account.

10.6 In the case of payment by PayPal, the Total Amount Due from PayPal will be charged to the user together with the completion of the contract online . In the event of termination of the contract of purchase and in any other case of refund , for any reason , the amount of the refund due to you (" Redemption Amount ") will be credited to your PayPal account thereof. The timing of credit on the payment instrument is connected to this account depends exclusively on PayPal and the banking system . Once you have placed the order for accreditation in favor of this bill, Borbonese shall not be held liable for any delay or failure of the Redemption Amount , to challenge the user will have to apply directly to PayPal.

10.7 Unfortunately, the transfer of information on the Internet is not completely safe. Notwithstanding all new reasonably necessary measures for the protection of user’s personal information during the online sale procedure are taken, we are not able to grant the integrity and safeness of data transferred by the user on the Web Site. Therefore, Borbonese will not be liable for damages or losses resulting from the use of the Internet network, as in the event of hacker attack, infection provided by a Trojan horse or an informatics virus, which would take place despite the adoption of measures for the protection of personal data. For more information on the methods of use and protection of user’s personal information, you are asked to check our Privacy Policy Information.

Products Delivery
11.1 The delivery of the Products purchased on the Site is carried out in all States referred to in Article . 1.7, prior to the delivery address specified by the user in the order form . The delivery, however, can only be done within the confines of the state associated with the Country in which the user is browsing the moment they begin the checkout process by clicking on " Add to Cart" ( "Country of Purchase") for example: if at the time of initiation of purchase "x " by clicking on "Add to Cart " you are browsing in the Country Italian , delivery of the product " x" will only happen in Italy .

11.2 The user is therefore obliged to include in the order form for a shipping address that is within the boundaries of the Associated State in the Country of Purchase . Orders that contain the indication of a shipping address outside of these boundaries will be canceled pursuant to and by effect of art. 1456 cc and the Total Amount Due refunded if already paid , in the manner and within the period laid down in Article . 7.4 above.

11.3 The costs of delivery of the Products, which may vary according to the shipping method chosen by the user, and any other additional costs, shall be borne by the user, unless otherwise stated in the Product Information Sheet or elsewhere communicated. The amount will be clearly and separately indicated (in Euro or in local currency and inclusive of VAT) in the Product Information Sheet and in the order summary and, in any case, before the user proceeds to the transmission of the same, as well as in e-order confirmation e-mail. The costs of delivery are made available at the following link.

11.4 Borbonese shall carry out the shipment of the Products only after having received confirmation of the successful completion of the payment of the Total Amount Due from the user. At the time of the delivery, or more precisely at the time of the delivery of the Products to the carrier, an e-mail confirmation of shipment shall be sent to the user. In case of delay in delivery, the user can contact directly the carrier to exercise his/her rights; Borbonese under no circumstances shall be considered liable for any damages arising from late or the non-delivery due to the carrier only. The delivery terms (as eventually indicated on the Web Site) are to be considered purely indicative.

11.5 Deliveries shall be carried out by the courier company “DHL Express”, from Monday to Friday during normal office hours, excluding national holidays. Borbonese reserves the right to use other carriers and/or use different means of delivery. If this is the case, the different modality of delivery will be indicated in the Product Information Sheet or other dedicated communication. The delivery times are made available at the following link.

11.6 The delivery is considered completed when the product is made available to the shipping address indicated on the order form .

11.7 It is up to the user to check the condition of the product that has been delivered. Users are advised to check the integrity of the packaging and the number of products received and you should ask them , where possible, to indicate on the delivery of the carrier, any anomalies. In the event that the package will be alterated, the user is encouraged to immediately notify Customer Service. This is without prejudice to the application of rules on the right of withdrawal and of the legal guarantee of conformity.

11.8 The courier will try to deliver the goods to the shipping address indicated on the order form , without prior appointment. If the courier will not find nobody, will pass the address specified in the next following business day for a maximum of two passages in the total included the first attempt , each time leaving a notification in which the phone number will be available to be contacted.

If the second step the purchaser was nowhere to be found , Borbonese may, at its sole discretion, decide whether to take back the products delivered, cancel the sale and return to the user the amount charged for Products purchased or contact the buyer to arrange any other modes of delivery. It is understood that , if because of unavailability Borbonese buyer chooses to cancel the sale, the same shall incur no liability for this choice.

Borbonese also reserves the right not to process future transactions to users who have demonstrated unreliability in the process of receiving the products.

Withdrawal right
12.1 Borbonese is aware of the fact that the customers are not satisfied of the received products may exercise the right of withdrawal provided by Article 64 of the Italian Consumer Code without any penalty and without specifying the reason, within 14 (fourteen) days from the receipt of the Product.

12.2 To exercise the right of withdrawal , the user must inform Borbonese, before the expiry of the period specified in Article . 12.1 above, of his decision to withdraw. To this end, he may :

( i) If a registered user and therefore has its own personal account, fill out the form in the My Account on the Site ;

( ii ) If it is a "guest" (not registered) , the request will made by completing the appropriate form available from a dedicated page accessible through a link provided in the order confirmation e-mail and in the Customer Care page, in which will have to enter all the data relevant to the request;

(iii) in any case, provide any other explicit declaration to the Customer Service at the phone number +39 051 770 111

12.3 The Products for which the withdrawal right has been exercised shall be returned without unfair delay and, in any event, within 14 (fourteen) days from the date in which the user has communicated to Borbonese his/her decision to withdraw the agreement.

12.4 The integrity of the product is an essential condition for the exercise of the right of withdrawal. The product will have to be guarded by ordinary care and returned undamaged , complete in all its parts , complete with all accessories and package leaflets , with identification tags , labels, and the disposable seal , if any, intact and still attached to the Product and not tampered with , and perfectly suited to the use intended and no signs of wear or dirt .

12.5 The Products shall be returned by means of DHL courier to the address “Via 1 maggio 89/A, 40065, Ozzano dell’Emilia (BO)”. Shipment costs are paid by Borbonese.

12.6 Only after the receiving of the Product and only after having verified successfully the compliance with the terms and modalities for the exercise of the right of withdrawal as well as the integrity of the product, Borbonese, without unfair delay, within 14 (fourteen) days from the day it has become aware of the right of withdrawal, shall refund the Total Amount Due paid by the user for the Product. The refund amount shall be notified by e-mail and credited to the payment method used for the purchase. The reimbursement can be suspended up to the reception of the Product or up to the demonstration of the re-shipment of the product by the customer, if prior.   

12.7 The customer will be liable for the loss of value of the Product, resulting from the manipulation of the same different from which is necessary for the assessment of the nature, features, and function of the Product. If it will notice such manipulation, Borbonese will communicate to the user within 5 (five) days form the reception of the Product and, if not already exercised, will exercise the right to not reimburse of the amount at point 12.5 above. In the event, instead, the reimbursement has already been paid in, Borbonese reserves the right to act against the user in the relevant settings, pursuant to Article 57, paragraph 2, of the Legislative Decree of February 21, 2010, no. 21.

12.8 In the event that, by using one of the assumptions of the law, the right of withdrawal shall not apply, of that exclusion specific and express notice shall be given in the Product Information Sheet and, in any case, before the user proceeds to the transmission of the order to Borbonese.

12.9 Whether there is no correspondence between the recipient of the Products indicated in the order form and who has paid the due sums for the relevant purchase, the reimbursement of the sums, in the event the withdrawal right is exercised, will be paid in, in any event, to who has executed the payment.  

Legal Warranty of Compliance
13.1 All Products sold on the Web Site are covered by the Legal Guarantee of Conformity provided for by Articles 128-135 of the Italian Consumer Code ("Legal Warranty").

 
13.2 WHO CAN APPLY

The Legal Guarantee is for the consumers. It, therefore, is applicable only to users who have purchased on the Site for purposes other than his trade, business, craft or profession.

13.3 WHEN YOU APPLY

The seller (and, therefore, with regard to purchases made on the Website, Borbonese) is liable to the consumer for any lack of conformity which exists at the time of delivery of the product and that it occurs within two years of that delivery. The lack of conformity must be reported to the seller, subject to revocation by the warranty, within two months from the date on which it was discovered. Unless proven otherwise, it is assumed that the lack of conformity which becomes apparent within six months of delivery of the products already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month following the delivery of the product, it will be the consumer's burden to prove that the lack of conformity existed at the time of delivery of the same. To take advantage of the legal warranty, the user must first provide proof of date of purchase and delivery. It is appropriate, therefore, that the user, for purposes of this test, keep the purchase invoice that sends Borbonese (or any other document that can confirm the date of execution of the purchase, for example, the statement of credit card or bank statement).

13.4 WHAT IS THE LACK OF CONFORMITY

It is a lack of conformity when the item purchased:

(i) It is not suitable for the purposes for which goods of the same type are normally used;

(ii) It does not comply with the description given by the seller and it is not have the qualities of goods which the seller has held out to the consumer as a sample or model;

(iii) It does not have the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, taking into account the statements made in advertising or labeling;

(iv) It is not suitable for the particular use which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted. They are therefore excluded from the scope of the legal guarantee any fault or malfunction caused by accidental events or responsibility of the user or by a use of the product not in accordance with its intended use and / or as provided in the technical documentation supplied with the product.

13.5 REMEDIES

In case of lack of conformity duly reported in the terms the user has the right to:

(i) primarily, to the repair or replacement of the goods, at its option, unless the remedy requested is impossible or disproportionate to the other;

(ii) As a secondary (ie in cases where repair or replacement are impossible or excessively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement of previously made have caused significant inconvenience to the consumer) reduction of the price or to cancel the contract, at its option.

The remedy is unduly burdensome if it imposes costs on the seller unreasonable in comparison to alternative remedies that may be exercised, taking into account (i) the value the goods would have if there were no lack of conformity, (ii) the extent of the defect (iii) whether the alternative remedy could be realizaded without significant inconvenience to the consumer.

13.6 WHAT TO DO IN THE PRESENCE OF A LACK OF CONFORMITY

In the event that an item purchased the Site, during the period of validity of the Guarantee Law, manifests what could be a lack of conformity, the user should contact Customer Service. The Customer Service will promptly respond to communication, showing you what the next steps. The product with respect to which the user complains about the lack of conformity must be sent in Borbonese that will make the determination as to whether or not the claimed defect. Borbonese reserves the right to ask the user to attach to the application of purchase and / or DDT or other document proving the date of execution of the purchase.

Manufacturer's Conventional Guarantee
14.1 The products sold on the Site may, depending on their nature, be covered by a standard warranty issued by the manufacturer ("Conventional Warranty"). The user can rely on such a guarantee only against the manufacturer. The duration of the extension, territorial, conditions and manner of use, the types of damages / defects covered and any limitations of conventional warranty depends on the individual manufacturer and are listed in the so-called warranty contained in the product package. The conventional warranty is voluntary in nature and do not add, not replace, does not reduce or impair or exclude the legal guarantee.

14.2 The Conventional Guarantee has a voluntary in nature and does not add, not replace, reduce or impair or exclude the Legal Guarantee.

Force majeure
15.1 The performance of the obligations by Borbonese may be suspended in case of occurrence of unforeseeable circumstances or force majeure that prevent or delay the execution of those same. 

15.2 There are considered, for example, but without limitation to what, war, riots, insurrections, strikes and supply problems of Borbonese attributable to third-party suppliers, or the misstatement by the Customer of the correct address of the shipping.

15.3 Borbonese shall inform the user about the occurrence of unforeseeable circumstances or force majeure within 7 (seven) days from the occurrence thereof. In the event that the suspension of services should be prolonged for a period exceeding 15 (fifteen) days, the user shall have the option to cancel the order and shall be reimbursed for the already paid amounts.

Applicable Law
16.1 The purchase contract concluded on the Site is governed by Italian law.

16.2 Without prejudice, in any case, to the users who do not have their habitual residence in Italy to which the provisions eventually more favorable and the mandatory requirements set by the law of the country where they have their habitual residence, apply, in particular with regard to the term for the exercise of the right of withdrawal, the deadline for the return of the Products, in the event of exercise of this right, the procedures and formalities of the communication thereof, and the legal guarantee of conformity.

16.3 Any dispute concerning the application, interpretation and enforcement of these Terms and Conditions of Sale , the competent court of the place where the user resides or is domiciled, if located in the territory of the State.

16.4 The person who is resident in a European Union member state other than Italy, it can also be accessed, for any dispute relating to the application, implementation and interpretation of these Terms and Conditions of Sale, the European procedure established for minority disputes, Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, exclusive of interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

3.privacy policy

informative
This privacy policy is provided pursuant to article 13 of Legislative Decree No. 196/2003 - Italian Personal Data Protection Code  (hereinafter, the “Privacy Code”) to those who interact with web services accessible via internet at the address: http://www.borbonese.com. The privacy policy is relevant only to the Web Site in question and not to other web sites which the user might access via links. From this Web Site the user shall directly have access to Borbonese’s e-commerce Web Site, from which he/she shall carry out any purchase online. By making access to the virtual store it shall, from time to time, be provided and in relation to different purposes of the processing of the data that may be required (e.g., for the registration in the store, for the online purchase, etc.) specific privacy policy for the data processing of the collected data. Specific summary policies shall be progressively reported or displayed on the web pages dedicated to particular services on request (e.g., newsletter, please contact customer service, etc.).

Data controller
The browsing on the web site www.borbonese.commay require the processing of data relevant to identified or identifiable subjects. The Data Controller for such data is Borbonese S.p.A., with sole shareholder, a company incorporated under Italian law, with registered office in Italy, at Via Monte di Pietà 24 20121, Milano (MI) Italia, Fiscal Code and registration No. at the Company’s Register  80013140373, VAT number 01703261204 Corporate capital Euro 12.500.000 fully paid-in (hereinafter, “Borbonese”), which may, at its own discretion, delegate its functions wholly or partially to third party technical partners, which shall be required to respect the confidentiality of the received information and to refrain from their use for purposes which differs from those accepted by the user through this privacy policy. More information about the Data Processors may be obtained by sending an e-mail to privacy@borbonese.com. Borbonese reserves the right not to respond to illegal requests or that are not based on the rights set out in the Privacy Code.

Navigation date
Some personal data, the transmission of which is implied in the use of communication protocols of the Internet, are captured by the software and systems That enable the operation of this web site during normal operation. These data are not collected to be associated to individuals, but by their could, through processing and connections with information held by third parties, allow users to be Identified. For example, the data in question may be: the addresses provided by the ISP , the domain names of computers used by users connecting to the site, URI (Uniform Resource Identifier) of the resources requested , the time the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating given the status of the reply by the server (successful , error, etc.)  and other parameters regarding the operating system and all environment of the user. The use of longer available data is limited to the sun obtaining purpose of anonymous statistical information on the site and to check the its correct functioning and are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site: except for this possibility at present date concerning web contacts do not persist for more than 6 (six) months.

cookies
Cookies are small text files that are stored on your computer when you visit a website. In the course of each subsequent browsing they are then sent back to the original website (first party cookies), or to a different website which is able to recognize the specific cookie (third party cookies). Cookies are useful as they allow a website to recognize the User's device. They serve different purposes, for example allowing a most efficient use of the Web, memorizing favorite websites, and, generally speaking, offering an enhanced browsing experience. They also help guarantee that advertising content is more customized to User’s interests. According to their function and purpose, cookies can be divided into technical cookies, profiling (behavioral) cookies, and third party cookies.. More details at List Cookies

Log files and their storing 
The log files will be tracked for security reasons requiring the registration and maintenance of log files and their accessibility to the judicial police in the event that the latter request it. To this end, the file access log will be maintained for a period not exceeding 6 mesi/-1 year. Any access controls will be carried out in a gradual way and in full compliance with the law, particularly the principles of necessity and proportionality.

Data provided voluntary by the user
The submission by users of email addresses indicated on this website entails the subsequent acquisition of the sender, necessary to respond to requests, and of any other personal data included in the message. Except as specified above with respect to navigation data, the user is free to provide personal data reported in modules for inclusion in the database of curricula or the sending of informative material or other communications. Their non-submission can make it impossible to fulfill the request.

Method of treatment
Personal data are processed by automated tools for the time strictly necessary to achieve the purposes for which it was collected, except in the case where a longer retention period is required or permitted by law. Borbonese reserves the right of access to / or disclose information about you, including the content of communications that may be sent to Borbonese, for one or more of the following purposes: (i) the fulfillment of a duty imposed by law, (ii) to ensure the compliance with the law, (iii) protect the rights or the rights of others, (iv) negotiate and / or to accomplish extraordinary corporate transactions such as mergers, de-mergers or disposals of business units; (v) act in good faith to protect the personal safety of employees and customers of Borbonese. For the purpose of handling requests from the users or customers Borbonese may share personal information with companies that provide services, such as data processing, executing customer orders, transportation and delivery of products at the addresses stated, customer service. In the interests of protecting information from loss or destruction, Borbonese can keep a copy on their servers and / or other storage devices, which could be temporarily maintained on such instruments, even after a request for deletion of data. During the data processing that may directly or indirectly identify the user, Borbonese try to respect the principle of strict necessity. For this reason Borbonese has created the Web Site in such a way that the use of the user’s personal information is kept to the minimum: therefore it is excluded the processing of the user’s personal data when the purpose of the specific activity can be achieved through the use of anonymous data (such as, for example, market research aimed at improving services) or through other means that allow identification of the individual only when necessary or at the request of the authorities and police forces (such as, for example, data relevant to traffic and to time spent on the website or to user’s IP address). Personal information shall be disclosed to third parties only with the express consent of the concerned subject, except for the cases where the disclosure is required by law or the law requires an express consent or is instead required for purposes envisaged by law or for the carrying out of the activities requested by the user. Personal data shall not be transferred abroad to countries other than those belonging to the European Union, which do not provide a sufficient level of privacy protection . Should this be necessary to provide the services or to conclude a agreement with Borbonese for the purchase of products, Borbonese guarantees to the user that the transfer of personal data to countries that do not belong to the European Union and that do not ensure an adequate level of protection shall be carried out only after the execution, between Borbonese and such entities, of specific agreements in accordance with applicable law and regulations. Borbonese reserves the right to eliminate the accounts and all related data in case illicit contents, possibly damaging the image of Borbonese and/or of its products or of any third party, or otherwise offensive or that promote illegal or defamatory activities, pornographic contents, that inciting violence, promote discrimination based on race, sex, religion and sexual orientation, are discovered.

Finality
The specific purposes for which the data are processed are summarized from time to time, under the article 13, Privacy Code, which is presented to the user when it releases personal data.
In general, data are processed to provide the following services available at our Web Site:

1. registration to the Web Site, to enjoy the relevant services;

2. adherence to additional and specific services, such as our Borbonese newsletter news and other similar information services about our business, creating of the user’s Dream Box and the sharing of its content, inviting the user’s friends to join Borbonese’s world, allow the users to be known by other users by sending his/her photos and your comments;

3. fulfillment of orders and related activities;

4. handling of the user’s requests: concerning technical, commercial, on the progress of their orders and requests for information in a broad sense;

5. contact with the managers of our services (Press Office, Business Development, Web Marketing, Purchasing, Customer Service);

6. request for an evaluation concerning the entering of the user in Borbonese’s personnel by the sending of CVs.

In addition, if the interest’s user of, data may be used for:

1)    direct marketing initiatives (sending of advertising, giveaways, communications, promotions, events and prize competitions), also by means of communications sent by e-mail, SMS, MMS or phone;

2)    carrying out of market and surveys analysis of the buying and consumption habits (creation of customer profiles) in order to, among other things, better meet the tastes of the user.

Optional or compulsory communication data
The conferment to Borbonese of the user’s personal information is required in several collection occasions that, from time to time, is necessary to achieve the purposes identified in the relevant policy, or can be freely chosen by the user who wants to access to the services offered by the Web Site.
The mandatory or optional nature of the conferment is specified from time to time - with reference to the specific data requested - at the time of the single data collection, by using a special character (*) to the compulsory information. The eventual refusal to disclose to Borbonese certain information marked as compulsory, may make it impossible to achieve the main purpose of the specific collection: such refusal might, for example, make it impossible for Borbonese to perform the purchase agreement the products of “borbonese.com” or to provide other services available on www.borbonese.com (support services - Contact Customer Service , send the news). The conferment to Borbonese of additional data, other than those designated as essentials, is instead optional and shall not have any consequence in order to achieve the main purpose of the collection (for example, depending on the circumstances, the use of the Web Site and its services or the purchase of products).

The subject or the categories of subjects to whom the information may be desclosed
In order to perform the services requested by the user at the time of the indication of personal data to Borbonese, the same communicates that it may also make use of external companies that carry out activities strictly connected and instrumental to the completion and execution of agreements and rendered services such as: management of customer records, customer relations, transport companies and shippers with regard to the delivery of goods and to customs formalities, banking institutions for the management of receipts and payments, government finance and other entities for the fulfillment of obligations regulatory, companies and law firms for the protection of the rights pertaining to contractual relationships; freelancers for administrative and accounting requirements; postal services, third-party companies for market analysis’ purpose, marketing and communication’s activities. The data processing from these subjects aims to the implementation of the orders received from customers and/or to storage on data carriers. The data may also be communicated to all subjects to whom the communication is due for legal obligations. The list of subject that process personal information are always available by carrying out a specific request to Borbonese S.p.A., Via Monte di Pietà 24 20121, Milano (MI) Italia also by e-mail at: privacy@borbonese.com. No data deriving from the web service is disclosed.

Duration of the processing
User’s data shall be stored by Borbonese and for the period which shall be strictly necessary to ensure the proper supply of the required services – without prejudice for the obligation of data’s conservation for a longer period in compliance with the applicable regulations, including accounting regulations. It is understood that the data shall be stored and processed by Borbonese for the purposes of profiling for the maximum term allowed by the applicable law. At the end of this term, Borbonese may ask the user to renew the consent to the processing of personal data, or render the same data anonymous and keep them only for statistical or chronological purposes. The user shall always have, at any time,  the opportunity to revoke his/her consent to the processing of data for marketing purposes: in every commercial communication shall exist a section that allows the user to easily revoke the consent given. The data transmitted to any service providers shall be processed for the time strictly necessary for the performance of the relevant entrusted tasks.

Rights under Article 7 of Legislative Decree No. 196/2003
The subjects to whom the personal data refer may at any time exercise, against the Data Controller, the rights provided for in Article 7 of Legislative Decree 196/2003, including the right to obtain the confirmation of the existence or not of personal data concerning them, to know the content and the origin of the data, the purposes and methods of the processing. They have also the right to verify the correctness, request the updating, correction or, if they have interest, the integration of data, the deletion, transformation into anonymous form or the blocking of data which have been unlawfully processed, including those whose conservation is not necessary in relation to the purposes for which the data have been collected or subsequently processed, and to object to the processing, for legitimate reasons, of their personal data, even if pertinent to the purposes of the collection, as well as the processing of personal data for the sending of advertising materials or direct selling purposes or for the carrying out of market researches or of information, promotional and commercial communication. It is possible to refuse, now or even at the time of all eventual future communications, the use of their own data for the direct selling of Borbonese’s items.

To exercise the rights hereto, to obtain an updated list of the subject to whom the data are disclosed and for any further information relevant to the processing of personal data carried out by Borbonese through the Web Site the user may contact us at the following address:

Borbonese S.p.A., Via Monte di Pietà 24 20121, Milano (MI) Italia

fax +39 051 / 775 450

e-mail: privacy@borbonese.com

Updating Privacy Policy
This information may be changed over time to adapt to any changes in the law or for reasons of commercial convenience. Any material change to this address will be published, and the user agree to periodically monitor this website to inquire about the validity or the modification of these conditions.

Applicable Law
This Privacy Policy is governed by Italian Law and in particular by the Privacy Code which governs the processing of personal data - also held overseas - carried out by anyone who is domiciled or has registered offices in Italy. The Privacy Code guarantees that the processing of personal data shall be processed in light of the respect of the rights and of fundamental freedoms, as well in light of the user’s dignity, particularly with regard to confidentiality, personal identity and the right of protection of personal data.

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