Legal Area

• General conditions of use
• General conditions of sale
• Right to opt out
• Statement pursuant
• Privacy Policy

General Conditions of Sale

The offer and sale of “Borbonese” trademarked products on the website (www.borbonese.com) are regulated by the present General Conditions of Sale.

“Borbonese” trademarked products purchased on www.borbonese.com are sold directly by Borbonese S.p.A. a single partner company (Borbonese), with registered office in Italy, Via Nazionale 99, 40065 Pianoro (Bologna). Tax Code and registration number at the Chamber of Commerce Bo 80013140373, VAT no.  01703261204, fully paid up corporate Capital Euro 12,500,000.

Users of the website www.borbonese.com may request any information from Borbonese by contacting the company’s Customer Service.
Users can find further information by visiting the Customer Service website area. The information available regards orders, consignments, refunds, and the return of products purchased on www.borbonese.com.
Queries regarding the sale of goods online can be submitted by e-mail to the following address: ecommerce@borbonese.com.

For any further legal information, please see the following sections: General Conditions of Use, Privacy Policy, and Right to Opt-Out.


1    Sales policy regarding electronic sales on the Internet website www.borbonese.com
1.1    On the website www.borbonese.com Borbonese sell products distinguished by the company trademark (“Borbonese”) to final users, as defined in art. 2 of Legislative Decree 70/2003, of over 18 years, hereinafter referred to as “Customers”.
1.2    Users accessing the website www.borbonese.com who want to purchase products presented there may proceed only in cases of individuals using www.borbonese.com for purposes not connected with any commercial, business, or professional activities in which they might be involved. Users who do not satisfy this requirement cannot proceed to conclusion of sales contracts.
1.3    Borbonese reserve the right to refuse purchase orders originating from subjects other than Customers/consumers, or orders that do not comply with the company sales policy and/or such as to create doubts regarding the nature and/or origin of the purchase order.
1.4    Borbonese also reserve the right to cancel/modify orders if the relative products are unavailable. Customers will be informed of the same as soon as possible and in the case of cancellation they will be refunded any amounts already paid, without entitlement of Customers to any further claims against Borbonese in relation to the modification/cancellation.
1.5    These General Conditions of Sale regulate the offer, dispatch, and acceptance of purchase orders for products on the website www.borbonese.com between Customers and Borbonese.
1.6    The General Conditions of Sale do not regulate the provision of services or the sale of products by subjects other than Borbonese that might incidentally be present on www.borbonese.com by way of hyperlinks, advertising banners, or other hypertextual connections. Before submitting orders and purchasing products and services from subjects other than Borbonese, Customers must, on their own initiative, verify the individual conditions of sale as presented by said eventual third parties. Borbonese cannot, in any case, be held responsible for the provision of services by said third parties other than Borbonese, and similarly cannot be held responsible for the consequences of transactions of electronic or other commerce between Users of the website www.borbonese.com and third parties.
1.7    Borbonese can only execute orders for delivery of products within countries belonging to the European Union.


2    How to agree an online purchase contract for products
2.1    To agree a purchase contract for one or more products on the website www.borbonese.com, Customers must complete the electronic order form and submit it to Borbonese over the Internet, following the relevant instructions.
2.2    The order form includes a reference to the General Conditions of Sale, and a summary of the basic characteristics of each product ordered, the relative prices (inclusive of all applicable taxes and charges), the systems of payment available to Customers for purchasing each product, and the form of delivery of the purchased products, in addition to the dispatch and delivery charges and a specific reference to the conditions for the exercise of the right to opt-out pursuant to art. 64 of the Consumer Code.
2.3    Before proceeding to purchase products by submission of the order form, Customers should carefully read the General Conditions of Sale and the information regarding the right to opt-out, the texts of which can be printed or memorized by Customers on their own devices.
2.4    Upon submission of the order form Customers unconditionally accept and undertake to abide by the present General Conditions of Sale in their relations with Borbonese.
2.5    If Customers do not agree with the present Conditions of Sale they must not submit an order form for the purchase of products on the website www.borbonese.com.
2.6    Following receipt of orders from Customers, Borbonese will transmit an e-mail message acknowledging receipt of the same, including a summary of the information in the order form (General Conditions of Sale, information regarding the right to opt-out, information regarding the basic characteristics of the products, detailed breakdown of the prices, forms of payment, and delivery charges).
2.7    The order form will be filed in the Borbonese database for the period of time necessary for its processing.
2.8    Customers may view their order forms in the “My Account” section on the website www.borbonese.com up until the products are delivered to the address indicated in the form. Any subsequent viewing request must be sent to Borbonese by post or to the e-mail address: ecommerce@borbonese.com.
2.9    A contract between a Customer and Borbonese will be considered agreed on the positive outcome of the verification by Borbonese of the correctness and completeness of the order form, the availability of the ordered products, and the regular payment of the amount due. In this respect, after verification Borbonese will send Customers written confirmation of the acceptance or refusal of the order. Said communication will be sent to Customers in all cases within thirty (30) days of the day following that of electronic submission of the order. It is understood that in cases of refusal of orders, Customers will be refunded all relative payments received by Borbonese in the meantime.
2.10    The language available for agreeing contracts with Borbonese are Italian and English.
2.11    When a contract is agreed, Borbonese will proceed with execution of the Customer’s order.


3    Quality and price of products
3.1    Only original “Borbonese” trademarked products are offered for sale on www.borbonese.com.
3.2    Borbonese do not sell used or flawed products, or of lower quality than corresponding market standards.
3.3    The fundamental characteristics of products are presented on www.borbonese.com on individual product sheets. The displayed images and colours of products offered on sale on www.borbonese.com might not exactly match reality due to the influence of the User’s Internet browser and computer monitor.
3.4    Product prices are subject to revision, but in all cases the correct up-to-date prices will be those displayed to customers in the order form.
3.5    All products are provided with identification tags. In the case of product returns it is important not to remove the tag since it represents an integral part of the product and guarantees the origin of the same.


4    Payments
4.1    Customers must adopt one of the methods of payment indicated in the order form for payment of the cost of goods and relative delivery charges.
4.2    In cases of payment by credit card, the Customer’s financial information (for example, the credit/debit card number or its validity date) will be forwarded, using an encryption protocol, to Borbonese’s bank, which provides the relative remote electronic payment services, without third parties having any form of access to the same. Said information will never be used by Borbonese except for the completion of the procedure for the execution of Customers’ orders and/or to issue the relative refunds in cases of incidental return of products, or in cases in which it is necessary to prevent or inform the police of fraudulent acts committed on www.borbonese.com. The product purchase price and delivery charges, as indicated in the order form, will be charged against Customers’ current accounts upon dispatch of the purchased products.


5    Dispatch and delivery of products
5.1    Products purchased on the website www.borbonese.com will be delivered to the address indicated in the order form as confirmed in writing by Borbonese.
5.2    Deliveries will not be made to post-office boxes.
5.3    The presence of the Customer or of another person acting on his behalf is required for the delivery of products at the address indicated in the order. Products cannot be delivered to minors of under 18 years even if this is the Customer. In such cases the carrier assigned to delivery will be unable to deliver the products.
5.4    Delivery charges are payable by Customers and are separately indicated in the order form. Delivery charges may vary depending on the chosen form of delivery and the delivery address of the products.
5.5    All purchases will be delivered by a carrier nominated by Borbonese as indicated in the written confirmation pursuant to art. 2.9, within 4 to 5 working days from the date of confirmation of the order.
5.6    Orders will be executed and delivered from Monday to Friday, with the exclusion of weekends and public holidays.
5.7    Borbonese will send Customers a confirmatory e-mail following consignment of products to a carrier.
5.8    Borbonese cannot be held responsible for unforeseeable delays (industrial action, weather, interruptions to transport networks, etc.) it being nevertheless understood that, save cases of force majeure, the products will be delivered within a maximum term of 30 days from the day following the Customer’s submission of the order to Borbonese.
5.9    At the time of delivery of products by a carrier, the Customer is required to check that: (i) the number of delivered packages is as indicated; (ii) the packaging is intact, not damaged, wet, or otherwise deformed also as regards the closing elements. Any damage to the packaging and/or products or incorrect number of packages or details must be immediately contested, by writing “received unchecked/with reserve” on the carrier’s proof of delivery note. Once the carrier’s document has been signed, Customers can no longer contest the exterior characteristics of the delivered materials in any way.


6    Customer assistance
6.1    Customers may request any information from our assistance services: contact Customer Service via e-mail: ecommerce@borbonese.com. For further clarification it is also possible to visit the Customer Service section of the website.
    

7    Right to opt-out pursuant to art. 64 and following of Legislative Decree 206/2005 – exercise of this right
7.1    Customers have the right to opt-out of contracts agreed with Borbonese, without any penalty and without obligation to specify motives, within ten (10) working days, starting from the day of receipt of products purchased on www.borbonese.com.
7.2    Customers are not entitled to exercise the right to opt-out in order to exchange a selected product with another product.
7.3    The right to opt-out is not applicable to products devoid of their original Borbonese identification tags.
7.4    In order to opt-out from a contract, Customers must use the Returns Form in the Customer Service area. The Returns Form must be correctly filled in and sent to Borbonese within 10 working days from the date of delivery by registered post with recorded delivery to Borbonese - Attention of: Customer Service, Via Nazionale, 99 40065 Pianoro (Bologna); or by telegram or fax, to be confirmed by registered post with recorded delivery within the following 48 hours.
7.5    The communication of opt-out must include: (i) an expression of the intention to exercise the right to opt-out pursuant to art. 64 and following of Legislative Decree 206/2005; (ii) indications of the products for which the Customer intends to exercise the right to opt-out; (iii) the order serial number issued at the time of purchase as cited in the order confirmation; (iiii) the Customer’s personal details. Communication of opt-out may also be sent by telegram, telex, fax, on the condition that the same is subsequently confirmed by registered post with recorded delivery within the following 48 (forty-eight) hours.
7.6    The right to opt-out - in addition to respecting the above terms and methods - is deemed to be correctly exercised when the following conditions are also fulfilled:
a.    the Returns Form must be correctly completed and submitted to Borbonese within ten (10) working days of receipt of the products;
b.        the products must not have been used, worn, washed, or damaged;
c.    the product identification tags must still be attached;
d.    products must be returned in their original packaging;
e.    returned products must be sent to Borbonese in a single consignment;
f.    returned products must be consigned to the carrier within ten (10) working days from the date on which the Customer received the products.
7.7    The sole expenses payable by the Customer are those for the return of the purchased products only if the Customer chooses to use a different carrier from the one indicated by Borbonese in the Returns Form.
7.8    Customers must pay the costs of the return of products in the case that the customer decides to return products in more than one consignment, in derogation of point 6.5 letter e).
7.9    In cases of exercise of the right to opt-out, Borbonese retains the right to refuse the return of products devoid of the relative identification tags, altered in basic or qualitative characteristics, or damaged.
7.10    If the right to opt-out is exercised following the methods and terms indicated in the present regulations, Borbonese will refund any amounts already received for the purchase of the products according to the stipulated methods and terms.
7.11    If the methods and terms for the exercise of the right to opt-out as specified in the present regulations are not respected, Customers will not be entitled to refund of the amounts paid to Borbonese. However, Customers are entitled to reobtain, at their own expense, the same products in the condition in which they were returned to Borbonese. Failing this, Borbonese may retain the products in addition to any amounts already paid for their purchase.


8    Right to opt-out pursuant to art. 64 and following of Legislative Decree 206/2005 - Terms and methods of refund
8.1    After the return of products Borbonese will conduct the necessary procedures to establish their compliance with the terms and conditions indicated in the previous section 7. If compliance is found to be positive, Borbonese will inform the Customer by e-mail of the acceptance of the returned products.
8.2    Regardless of the form of payment utilized by the Customer, if the right to opt-out is exercised according to the methods and terms indicated in the present General Conditions of Sale and in compliance with the regulations in force, Borbonese will refund any amounts already received for the purchase of returned products, net of transport charges if these are payable by the Customer.
8.3    If the addressee of the products indicated in the Order Form and the address of the subject that paid the amounts due for purchase of the same are different, then refunds in the case of exercise of the right to opt-out will be executed by Borbonese, in all cases, in relation to the subject that paid.
8.4    In cases in which Customers choose a carrier for the return of products different from the one indicated by Borbonese, Customers are responsible for payment of the necessary charges in first person and will bear all responsibility in cases of loss or damage to the products during transport, according to the terms and methods provided for the execution of the right to opt-out.

9    Processing of Customers’ personal details
9.1    Customers may obtain information regarding how the company processes their personal details by accessing the Privacy Policy area.
9.2     Borbonese S.p.A. - Via Nazionale, 99 - 40065, Pianoro (Bologna), Italy.


10    Applicable law and resolution of disputes
10.1    The General Conditions of Sale are regulated by Italian law and in particular by the Legislative Decree of 6 September 2005 no. 206, regarding the Consumer Code, with specific reference to the regulations regarding distance selling, and by the Legislative Decree of 9 April 2003 no. 70 regarding certain aspects of electronic commerce.


11    Modifications and updates
11.1    The General Conditions of Sale are subject to occasional modification, also in relation to regulatory changes. The new General Conditions of Sale will have effect from the date of their publication on www.borbonese.com.