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1. LEGAL DISCLAIMER


Borbonese S.p.A. with sole shareholder, with registered office at Viale Majno 18, 20129, 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, MI – 1759789 (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, Viale Majno 18, 20129, 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

Privacy policy

Pursuant to Regulation (EU) 2016/679 bearing the General Data Protection Regulation (“GDPR”), to Legislative Decree No. 196/2003, as amended by Legislative Decree No. 101/2018 (“Italian Data Protection Code”) and any other other European and/or Italian provisions and/or legislation applicable to data protection issues, the company Borbonese S.p.A., based in Milan, Viale Majno No. 18 (“Borbonese”) has drafted this Privacy Policy in order to allow all users of the http://www.borbonese.com website (“Website”) to understand the purposes and manner whereby Borbonese, as data controller (“Data Controller”), collects and processes personal data (“Data”) obtained while browsing the Website.

This Privacy Policy is addressed to those who access the Website, as well as those who communicate with Borbonese by sending e-mails to the addresses indicated on the Website (“Users”).

The Privacy Policy is provided solely for the http://www.borbonese.com Website and not for any other websites that may be consulted by the User through connected links and which from time to time provide specific information for the services requested.

Data Controller

The Data Controller is Borbonese, in the person of its interim legal representative, with registered office in Milan, Viale Majno No. 18.

Data Processor

The company Jakala Spa that provides the hosting services has been appointed data processor by Borbonese.

The updated list of appointed processors may be requested from the Data Protection Officer who can be contacted at the telephone0039051770111, E-mail: privacy@borbonese.com, PEC: privacy@borbonese-pec.com .

Data provided intentionally by the User and related purposes 

The optional, explicit and voluntary sending of e-mail messages to the e-mail addresses indicated on this Website entails the subsequent acquisition by the Data Controller of the sender's address, necessary to reply to the messages and requests of the User, as well as any other Data included in the message, always lawfully pursuant to Article 6(1) letter b) of the Regulation.

Ways of communication of Data and dissemination

The processing operations connected to the use of this Website take place at the registered office of Borbonese and are carried out by technical staff duly appointed to carry out these tasks, constantly identified and / or authorized, appropriately instructed and made aware of the constraints imposed by the GDPR; by the Italian Data Protection Code and any other European and/or Italian provisions and/or legislation in point of personal data protection, as well as by means of appropriate technical and organizational measures apt to guarantee data protection and to avoid risks of loss or destruction, unauthorized access, or processing that is not permitted or does not comply with the aforementioned purposes.

Technical and organizational measures are constantly improved on the basis of technological development.

No Data deriving from the web service is disseminated by the Controller. This is however without prejudice to the disclosure of Data to companies expressly assigned to perform services within the activity carried out by the Data Controller and/or, in general, in its favor, that will operate as independent controllers, co-controllers and / or data processors, as well as the disclosure and/or dissemination of Data requested, in accordance with the law, by police forces, judicial authorities, information and security bodies or other public entities for the purposes of State defense or security or prevention, detection or repression of crimes.

Data relating to navigation

The computer systems and software procedures used to operate the Website acquire, during their normal operation, some Data whose transmission is implicit in the use of Internet communication protocols.

Such information is not collected to be associated with identified data subjects (i.e. Users), but by their very nature might, through processing and association with Data held by third parties, allow Users to be identified.

This category of Data includes IP addresses or domain names of the computers used by the Users who connect to the Website, the addresses in the Uniform Resource Identifier (URI) notation of the requested resources, the time of the request, the method used to submit the request to the server, the file size obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters related to the operating system and the User's IT environment.

These Data are used for the sole purpose of obtaining anonymous statistical information on the use of the Website and to check its correct functioning and are deleted immediately after processing.

The Data may be used to ascertain liabilities in case of possible computer crimes against the Website.

Without prejudice to this event, the Data on web contacts do not persist for more than 7 days.

Optional provision of Data

Data voluntarily provided by the User:

  • E-mail: the optional, explicit and voluntary sending of e-mails to the addresses indicated on the Website entails the subsequent acquisition of the sender's address, necessary to respond to requests, as well as any other Data included in the message. In any event, Borbonese, in order to comply with the new legal provisions introduced by the GDPR, has introduced a system requesting the User to provide or refuse his/her consent to the processing of his/her Data, in order to ensure that consent is knowingly given;
  • Offline collections of Data: in the event that Borbonese collects Data off-line (e.g. paper forms), Borbonese provides simultaneous information on the processing of data pursuant to Article 13 of the GDPR and obtains, where appropriate, the consent of the data subject (this also applies if the data collection is made on forms that can be downloaded from the Website);
  • Online collections of Data: in relation to Data collections made directly on the Website (e.g. contacts, sending resumes), information on the Data processing is provided upon collection of Data. However, it is always possible to access this page to review the Privacy Policy as most widely understood.

Duration of processing and storage of Data

The User’s Data will be processed by the Data Controller only for the period of time necessary to achieve the aforementioned purposes. At the end of such a short period, they will be kept only in fulfillment of the legal obligations in force on the matter, for administrative purposes and / or to assert or defend their own right, in the event of judicial and pre-litigation litigation.

Navigation without registration

Navigation on the Website is free, free and does not require registration of the User.

Navigation is not monitored neither with reference to the Websites of origin nor with reference to the pages visited.

Rights of the interested parties (ex Articles 15 and following of the Rules)

The User, as data subject, has the right to obtain:

  • confirmation of the existence or not of Data concerning him, even if not yet registered, and their communication in an intelligible form and / or access to them;
  • a copy of your Data;
  • the correction of any inaccurate Data;
  • cancellation of your Data;
  • the limitation of the processing of your Data;
  • in a structured format, in common use and readable by an automatic device, the Data that the User has provided or has created and to transmit them to another data controller (so-called “Data portability”);
  • indication: a) of the origin of the Data; b) of the categories of Data processed; c) of the purposes and methods of the processing; d) of the logic applied in case of treatment carried out with the aid of electronic instruments; e) of the identification details of the Data Controller and of any responsible parties; f) of the retention period of the Data or of the criteria used to determine this period; g) of the subjects or categories of subjects to whom the Data may be communicated or who may become aware of it as appointed representative in the territory of the State, managers or persons authorized to process the Data in the name and on behalf of the Data Controller; h) updating, rectification or, when interested, integration of the Data; i) the transformation into anonymous form or the blocking of Data processed in violation of the law, including those that do not need to be kept for the purposes for which the Data were collected or subsequently processed; j) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the Data have been communicated or disseminated, except in the case where such fulfillment is it proves impossible or involves a use of means manifestly disproportionate to the protected right.

The User also has the right to object, in whole or in part: a) for legitimate reasons, to the processing of Data concerning him, even if they are relevant to the purpose of the collection; b) to the processing of Data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.

The requests to exercise the rights under Article 15 ff of the GDPR (for example, access, cancellation, updating, amendment, integration, etc.) may be addressed to the Data Protection Officer who can be contacted at the telephone: 0039051770111 E-mail: privacy@borbonese.com, PEC: privacy@borbonese-pec.com .

Finally, the Data Controller reminds you that you are entitled to lodge a complaint with the Italian Data Protection Authority (www.garanteprivacy.it), as provided by Article 77 of the GDPR, or to refer to the relevant courts (Article 79 of the GDPR). 

Changes to this Privacy Policy

Notwithstanding that Borbonese does not proceed with processing operations other than those expressly authorized and / or requested by each User, the Privacy Policy may be amended to comply with new legal provisions or with the changed Data processing policies of Borbonese.

Each updated version of this Privacy Policy will be made available on the Website in the dedicated section.

Borbonese therefore invites all Users to periodically consult the Website to be always informed of the latest version uploaded.

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