Terms and conditions of the service
1. DEFINITIONS
The expression "online sales contract" means the sales contract ("Agreement") relating to the Supplier's tangible movable property, entered into between the Supplier and the Purchaser as part of a remote sales system via telematic tools, organized by the Supplier. The expression "Buyer" means the natural person consumer who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. The term "Supplier" means the person who carries out the sale of the goods covered by this contract.
2. IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
Supplier: the goods covered by these general conditions are offered for sale by Extreme Design di Palmieri Susanna, with headquarters in Via delle Colombaie, 2/M - 59100 Prato (PO), Tax Code and P.I.V.A. 02323170973.Buyer: expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised and undertakes not to trade the purchased items.
3. SCOPE AND CONCLUSION OF THE CONTRACT
With the Contract, respectively, the Supplier sells and the Purchaser remotely purchases only the tangible movable property indicated and offered for sale on this site via telematic tools. The Contract between the Supplier and the Purchaser is concluded exclusively through the internet by means of the Purchaser's access to the address www.bombata.it, where, following the procedures indicated, the Purchaser will arrive at formalizing the proposal for the purchase of goods offered for sale. The process of concluding the Purchase Agreement takes place through the online sending of an irrevocable order by the Purchaser, through the completion and online submission of the order form, which will be displayed on the summary web page of the order, printable, which shows the details of the originator and of the order, the price of the goods purchased and the shipping costs, the methods and terms of payment, the address where the goods will be delivered. When the Supplier receives the order from the Purchaser, it will send a confirmation e-mail and/or display a web page confirming and summarizing the order, printable, which will also show the data entered by the buyer in the order form. The contract is considered concluded and effective between the parties only with the execution of the order and the issue of the relative invoice by the Supplier, having the latter the possibility, up to that moment, not to accept or refuse the order . The sales invoice will be issued by Extreme Design in paper form and inserted inside the package containing the ordered products.
4. METHODS OF PAYMENT AND REFUND
The Supplier only accepts advance payment for the products ordered by means of the main Credit Cards (Mastercard and Visa circuits), PayPal and Bank Transfer without the Supplier being aware of the data relating to the credit card. Any reimbursement to the Purchaser, if he is entitled to it, will be credited to the same credit card or current account within 30 days. from the date on which the Supplier became aware of the cause that generates the right to reimbursement.
5. DELIVERY TIMES AND METHODS
The Supplier will deliver the products ordered by courier. The order processing times may vary, from the day of the order itself to a maximum of 7 working days, in which the invoice will be issued and therefore the Contract will be concluded, with the start of the execution of the same. In the event that the Supplier is unable to carry out the shipment within this period, the Purchaser will be notified by e-mail in which the new delivery term will be specified. Delivery times may vary according to the place of destination.
6. SHIPPING AND DELIVERY COSTS
The Supplier ships with the DDP (Delivery Duty Paid) formula to EU countries, therefore in these destinations the goods will arrive directly at the delivery location indicated without having to pay additional sums with respect to the amount already paid at the time of formulation of sending the order. For all other countries the DDU (Delivery Duty Unpaid) formula is used, therefore the courier could present itself with a separate invoice with which he requests the payment of the duties and taxes required by the local authorities. In any case, it is the responsibility of the Purchaser who resides in a country other than the Italian Republic to inquire about local taxes and duties, before placing an order with the Supplier.
7. PRICES
All the sales prices of the products displayed and indicated on the website are expressed in euros (€) and constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and all other taxes regarding delivery within the territory of an EU country. For deliveries to non-EU countries, as specified in point 7), the courier may ask the Buyer for additional amounts for local taxes and duties. Shipping costs will be indicated and calculated in the purchase procedure before the Buyer forwards the order and also contained in the order summary web page. The prices indicated for each of the goods offered to the public are valid until the order is forwarded and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time and what appears on the order summary web page will prevail for the Purchaser.
8. PRODUCT AVAILABILITY
The Supplier ensures the processing and fulfillment of orders without delay via the telematic system used. Should an order exceed the quantity existing in the warehouse, the Supplier will notify the Purchaser via e-mail of the non-availability of the goods or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or less. The Supplier's computer system confirms the order registration as soon as possible by sending the user an order confirmation which does not create any legal obligation, since it is a simple summary of the order itself.
9. LIMITATION OF LIABILITY
The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract. The Supplier will not be liable to the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its suppliers. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Purchaser following the non-execution of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid. The Supplier assumes no responsibility for any fraudulent or illegal use of credit cards that may have been made by third parties, without prejudice to the obligation to demonstrate that they have taken all the precautions imposed by ordinary diligence.
10. GUARANTEES AND ASSISTANCE PROCEDURES
The Supplier is liable for any ascertained defect or defect of the product that is attributable to him provided that such defect or defect has been reported by email sent to info@bombata.it within the peremptory deadline and under penalty of forfeiture of eight days from delivery.
11. BUYER'S OBLIGATIONS
The Buyer undertakes to pay the price of the goods purchased in the times and in the manner indicated by the Contract. The Purchaser also undertakes, once the online purchase procedure has been completed, to print and keep the web page containing the order data and the one containing these conditions of sale. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who has acknowledged it by sending the order.
12. RIGHT OF WITHDRAWAL
The Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) days of delivery. Consult the complaints and returns page for more information.
13. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER'S DATA
The Supplier protects the privacy of its Buyers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 196. The personal and fiscal data acquired directly and/or through third parties by the Supplier who is the data controller, are collected and processed in paper, IT and telematic form, in relation to the treatment methods with the aim of registering the order and activating the procedures for the execution of the Contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003). The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, and therefore has, inter alia, the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) 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 in which this fulfillment is proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way. The owner of the collection and processing of personal data is the Supplier, as specified above, to whom the buyer can address any request at the registered office.
14. COMMUNICATIONS AND COMPLAINTS
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the Extreme Design address, with headquarters in Via delle Colombaie, 2/M - 59100 Prato (PO). In the registration form, the Purchaser indicates his residence and domicile, the telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
15. METHOD FOR FILING THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order sent is stored in digital form on the server where the site resides according to confidentiality and security criteria.
16. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
All disputes arising from this contract if the Parties intend to refer the matter to the ordinary Judicial Authority, the competent Court is that of the Purchaser's place of residence. The Contract is governed by Italian law.
17. DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
Confirmation of the order implies acceptance of these general conditions by the Purchaser. These conditions may be updated or modified directly with the transcription of the new regulation on this site. The modification or update will be valid and effective for orders that have not yet been entered and for which the web page, which summarizes the order data, has not yet been viewed and printed.
The expression "online sales contract" means the sales contract ("Agreement") relating to the Supplier's tangible movable property, entered into between the Supplier and the Purchaser as part of a remote sales system via telematic tools, organized by the Supplier. The expression "Buyer" means the natural person consumer who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. The term "Supplier" means the person who carries out the sale of the goods covered by this contract.
2. IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
Supplier: the goods covered by these general conditions are offered for sale by Extreme Design di Palmieri Susanna, with headquarters in Via delle Colombaie, 2/M - 59100 Prato (PO), Tax Code and P.I.V.A. 02323170973.Buyer: expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised and undertakes not to trade the purchased items.
3. SCOPE AND CONCLUSION OF THE CONTRACT
With the Contract, respectively, the Supplier sells and the Purchaser remotely purchases only the tangible movable property indicated and offered for sale on this site via telematic tools. The Contract between the Supplier and the Purchaser is concluded exclusively through the internet by means of the Purchaser's access to the address www.bombata.it, where, following the procedures indicated, the Purchaser will arrive at formalizing the proposal for the purchase of goods offered for sale. The process of concluding the Purchase Agreement takes place through the online sending of an irrevocable order by the Purchaser, through the completion and online submission of the order form, which will be displayed on the summary web page of the order, printable, which shows the details of the originator and of the order, the price of the goods purchased and the shipping costs, the methods and terms of payment, the address where the goods will be delivered. When the Supplier receives the order from the Purchaser, it will send a confirmation e-mail and/or display a web page confirming and summarizing the order, printable, which will also show the data entered by the buyer in the order form. The contract is considered concluded and effective between the parties only with the execution of the order and the issue of the relative invoice by the Supplier, having the latter the possibility, up to that moment, not to accept or refuse the order . The sales invoice will be issued by Extreme Design in paper form and inserted inside the package containing the ordered products.
4. METHODS OF PAYMENT AND REFUND
The Supplier only accepts advance payment for the products ordered by means of the main Credit Cards (Mastercard and Visa circuits), PayPal and Bank Transfer without the Supplier being aware of the data relating to the credit card. Any reimbursement to the Purchaser, if he is entitled to it, will be credited to the same credit card or current account within 30 days. from the date on which the Supplier became aware of the cause that generates the right to reimbursement.
5. DELIVERY TIMES AND METHODS
The Supplier will deliver the products ordered by courier. The order processing times may vary, from the day of the order itself to a maximum of 7 working days, in which the invoice will be issued and therefore the Contract will be concluded, with the start of the execution of the same. In the event that the Supplier is unable to carry out the shipment within this period, the Purchaser will be notified by e-mail in which the new delivery term will be specified. Delivery times may vary according to the place of destination.
6. SHIPPING AND DELIVERY COSTS
The Supplier ships with the DDP (Delivery Duty Paid) formula to EU countries, therefore in these destinations the goods will arrive directly at the delivery location indicated without having to pay additional sums with respect to the amount already paid at the time of formulation of sending the order. For all other countries the DDU (Delivery Duty Unpaid) formula is used, therefore the courier could present itself with a separate invoice with which he requests the payment of the duties and taxes required by the local authorities. In any case, it is the responsibility of the Purchaser who resides in a country other than the Italian Republic to inquire about local taxes and duties, before placing an order with the Supplier.
7. PRICES
All the sales prices of the products displayed and indicated on the website are expressed in euros (€) and constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and all other taxes regarding delivery within the territory of an EU country. For deliveries to non-EU countries, as specified in point 7), the courier may ask the Buyer for additional amounts for local taxes and duties. Shipping costs will be indicated and calculated in the purchase procedure before the Buyer forwards the order and also contained in the order summary web page. The prices indicated for each of the goods offered to the public are valid until the order is forwarded and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time and what appears on the order summary web page will prevail for the Purchaser.
8. PRODUCT AVAILABILITY
The Supplier ensures the processing and fulfillment of orders without delay via the telematic system used. Should an order exceed the quantity existing in the warehouse, the Supplier will notify the Purchaser via e-mail of the non-availability of the goods or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or less. The Supplier's computer system confirms the order registration as soon as possible by sending the user an order confirmation which does not create any legal obligation, since it is a simple summary of the order itself.
9. LIMITATION OF LIABILITY
The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract. The Supplier will not be liable to the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its suppliers. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Purchaser following the non-execution of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid. The Supplier assumes no responsibility for any fraudulent or illegal use of credit cards that may have been made by third parties, without prejudice to the obligation to demonstrate that they have taken all the precautions imposed by ordinary diligence.
10. GUARANTEES AND ASSISTANCE PROCEDURES
The Supplier is liable for any ascertained defect or defect of the product that is attributable to him provided that such defect or defect has been reported by email sent to info@bombata.it within the peremptory deadline and under penalty of forfeiture of eight days from delivery.
11. BUYER'S OBLIGATIONS
The Buyer undertakes to pay the price of the goods purchased in the times and in the manner indicated by the Contract. The Purchaser also undertakes, once the online purchase procedure has been completed, to print and keep the web page containing the order data and the one containing these conditions of sale. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who has acknowledged it by sending the order.
12. RIGHT OF WITHDRAWAL
The Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) days of delivery. Consult the complaints and returns page for more information.
13. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER'S DATA
The Supplier protects the privacy of its Buyers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 196. The personal and fiscal data acquired directly and/or through third parties by the Supplier who is the data controller, are collected and processed in paper, IT and telematic form, in relation to the treatment methods with the aim of registering the order and activating the procedures for the execution of the Contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003). The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, and therefore has, inter alia, the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) 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 in which this fulfillment is proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer's request cannot be processed. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way. The owner of the collection and processing of personal data is the Supplier, as specified above, to whom the buyer can address any request at the registered office.
14. COMMUNICATIONS AND COMPLAINTS
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the Extreme Design address, with headquarters in Via delle Colombaie, 2/M - 59100 Prato (PO). In the registration form, the Purchaser indicates his residence and domicile, the telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
15. METHOD FOR FILING THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order sent is stored in digital form on the server where the site resides according to confidentiality and security criteria.
16. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
All disputes arising from this contract if the Parties intend to refer the matter to the ordinary Judicial Authority, the competent Court is that of the Purchaser's place of residence. The Contract is governed by Italian law.
17. DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
Confirmation of the order implies acceptance of these general conditions by the Purchaser. These conditions may be updated or modified directly with the transcription of the new regulation on this site. The modification or update will be valid and effective for orders that have not yet been entered and for which the web page, which summarizes the order data, has not yet been viewed and printed.
