Terms of service
OBJECT and DEFINITIONS
These general conditions of contract (the "General Conditions") contain the terms and conditions that regulate the distance selling, through telematic tools, by BGEK S.r.l. having its registered office in Via Dogana 3 - 20123 Milan (the "Company"), of handcrafted products such as miniatures, key rings and bottle openers, accessories and furnishing accessories ("Products"), offered for sale through the website www.borgeseidea.com ( the "Platform") and at the economic conditions indicated therein, in favor of the natural person who makes the purchase for purposes not related to any commercial or professional activity carried out (the "User"). By proceeding with the purchase of the aforementioned Products, through the procedure provided for by the Platform, the User declares to accept the General Conditions.
For the purchase of the Products by natural or legal persons for purposes related to the commercial and professional activities of the aforementioned subjects, we invite you to make direct contact with the Company.
The Company does not entertain any commercial relationship with any third parties whose trademarks and / or whose information ("Brand") are reported in relation to the Products, which constitute original artistic works. The Products are made by the Company without any involvement of the Brands whose reference has a mere descriptive purpose aimed at clarifying the characteristics of the Products. The Products are original objects made by the Company and marked with the trademarks "Borgese" and "Borgese idea" owned by the same.
In addition to the terms defined elsewhere in the General Conditions, for the purposes of the same General Conditions, the following are defined:
"Account": means the User's personal profile on the Platform, whose personal data are processed in the manner indicated in the Privacy Notice on the Platform;
"Causes of Force Majeure": by way of example and without any limitative intent, are considered causes of force majeure, strikes, wars, fires, epidemics, pandemics or any other event that is outside the reasonable sphere of control of the Company and which prevents the full and correct fulfillment of the obligations set out in the General Conditions;
"Rights": means the intellectual property rights inherent to the Products, such as trademarks, logos, and any other content that may be the subject of proprietary rights and / or any other intellectual property rights relating to the Products and the Platform, exclusively ownership and / or in any case in the availability of the Company, with the express exclusion of what concerns the Brands;
"Registration": procedure for filling out the form prepared for creating the Account;
"Services": means the Services offered on the Platform relating to the Products, such as, but not limited to, customizations, additions and modifications.
CONCLUSION OF THE GENERAL CONDITIONS AND PURCHASE / DELIVERY OF PRODUCTS
The User declares to have read and expressly accepted the General Conditions when using the Platform and / or registering with it by creating an Account and / or purchasing one or more Products. In relation to the sale of the Products, the contract between the Company and the User must be considered concluded following the Registration and sending the completed purchase form after the insertion of the selected Products in the electronic cart following the purchase procedure provided by the Platform. .
If the User does not intend to accept even one of the terms and conditions of the General Conditions, he is invited to refrain from registering and purchasing the Products.
The User acknowledges and accepts that the Company reserves the right to modify the General Conditions at any time, at its own discretion, by making the User aware of them through publication on the Platform. The mere visit to the Platform after the modification will be valid as complete acceptance, by the User, of the modification itself. The User therefore acknowledges and accepts that it will be his / her responsibility to periodically check the Platform in order to check for any changes to the General Conditions.
The Company will deliver the Products ordered and paid for by the User in the manner chosen by the User during the purchase and / or otherwise indicated on the Platform. Notwithstanding the foregoing, the User acknowledges and accepts that the shipping times indicated on the site are merely indicative and may vary from the day following the order to a maximum of 30 (thirty) days from the confirmation of the same. Until the expiry of the aforementioned period of 30 (thirty) days, the User renounces from now on any claim, including by way of reimbursement or compensation, against the Company.
Upon delivery of the Products, the User is required to verify that the number of packages delivered corresponds to what is indicated in the transport document attached to the Products shipped and that the packaging is intact and not altered even in the closing tapes present. In the event that the Products delivered show any damage presumably caused by transport, the User must refuse delivery and promptly notify the Company in writing, at Via Dogana 3 - 20123 Milan, which will make the necessary complaints to the shipper and to make a new shipment once the delivery of the disputed goods has been received. In the event that the User still decides to accept the delivery, despite the packaging being severely damaged and / or tampered with, in order to safeguard his rights he must necessarily contest the unsuitability of the package, affixing the words "Goods control reserve due to… ”and indicating the reason for the reserve in question on the forwarder's delivery document, of which he must keep a copy to be sent to the Company.
FINALIZATION OF REGISTRATION AND PAYMENTS
To finalize the purchase of the Products, the User undertakes to pay the price. To proceed with the payment of the Products, the User must follow the instructions on the Platform, use the specific page made available by the Company and enter all the data required for shipping and billing. The User acknowledges and accepts that payments and all data management necessary to make the payment will be managed by companies other than the Company, chosen and modified by the latter in its sole discretion. At no time during the aforementioned purchase procedure, the Company is able to know the information relating to the User's credit card. In no case can the Company therefore be held responsible for any fraudulent and improper use of credit cards and for the management of the data necessary for payment by third parties.
In case of payment by credit card or other payment systems with electronic money, at the same time as the online transaction is concluded, the reference payment gateway will only authorize the amount relating to the purchase made. The relative amount will be charged to the User's credit card at the time of purchase.
In case of payment by credit card or other payment systems with electronic money, at the same time as the online transaction is concluded, the reference payment gateway will only authorize the amount relating to the purchase made. The relative amount will be charged to the User's credit card at the time of purchase.
In case of cancellation of the purchase made by credit card by the User, in compliance with the provisions of the General Conditions, the payment gateway will cancel the transaction and release the committed amount. The release times, for some types of credit cards, depend exclusively on the payment gateway system and can reach their natural expiry date (24 days from the date of authorization). Once the transaction has been canceled, the User acknowledges and expressly accepts that in no case can the Company be held liable for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the payment gateway. .
The Company reserves the right to request additional information from the User (eg. Identification document) or to send copies of documents proving ownership of the credit card used. In the absence of the required documentation, the Company reserves the right not to accept the order.
The User acknowledges and accepts that it will be his responsibility, during the Registration phase, to indicate any reference to the tax code and / or VAT number and / or other data for billing in the event that he wishes to issue an invoice. with this indication.
INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that the Products are made by the Company and / or its suppliers on the basis of original drawings created by an artist and freely inspired by real existing models of other objects such as, but not limited to, cars and musical instruments. The creative process described here does not necessarily involve a link between the Company and the Brands that own the rights to the aforementioned objects. The Products, except where expressly indicated, do not constitute merchandising of third party products which, even when directly or indirectly referred to for purely descriptive purposes of the Products, have no connection with the Company. The Rights on the Products, created as specified in this article, are the exclusive property of the Company and / or third parties who have granted a license for use to the Company, and are protected by the legislation on intellectual and industrial property. The purchase of the Products for personal purposes does not give the Users any intellectual and industrial property rights on the Products. In particular, the User undertakes not to use in any way the Brands that may be present on the Products as the Company cannot grant any type of license and / or other authorization to the User as there is no link between them and the Brands and being their reference merely aimed at describing parts of the Products
Except as necessary to purchase the Products, the User may not download, copy, use, transfer, rent, sub-license, lend, modify, adapt, forge, attempt to modify or alter the source code, or perform operations reverse engineer, decompile, disassemble or otherwise operate, in whole or in any part, on the Products and / or on the Platform.
Unauthorized use, copying, reproduction, modification, republication, updating, downloading, sending by post, transmission, distribution or duplication or any other abusive use of the Products and / or Platform and / or everything subject to the Rights, by the User, must be considered prohibited. As user of the Products, the User undertakes not to use them for illegal purposes and / or in violation of the provisions of the General Conditions and undertakes not to violate the rights of the Company and / or its third party licensors and / or Brand.
In relation to the foregoing, the User undertakes as of now to indemnify and hold harmless the Company from any damage or loss directly or indirectly resulting from the use that the User will make of everything covered by the Rights in violation of the provisions of the General conditions.
USER REPRESENTATIONS AND WARRANTIES
The User acknowledges and expressly accepts that, in the event of a violation by the User of the law, of the rights of third parties or of the General Conditions, the Company may - at its complete discretion - prevent access to the Platform and / or to the Account and / or any other website that the Company will use to supply the Products, as well as take any other useful action to protect the rights and interests of the Company.
To purchase the Products, the User must have the necessary equipment and applications such as, by way of example, Internet services and, in relation to this aspect, the Company cannot be held responsible for any malfunctions, impossibility of access or bad conditions of use of the Platform attributable, by way of example, to unsuitable equipment.
The User declares and guarantees:
to have read and understood the General Conditions;
to have understood that the Products are original artistic works, in some cases freely inspired by third party objects, such as Brands, in any way connected to the Company;
to have understood that there is no connection and / or other commercial relationship between the Company and the Brands;
who will print a copy of the General Conditions following the purchase of the Product;
who has the necessary powers to act for the purposes referred to therein and to have the ability to act and sign legally binding contracts;
that you have chosen a secure and complex password when registering on the platform;
that it will refrain from reproducing, duplicating, copying, using, selling, reselling and in any case exploiting the Products, the Platform and everything covered by the Rights for commercial purposes;
that it will refrain from any form of use, direct and / or indirect, of the Products and the Platform contrary to the law or not in compliance with the provisions of the General Conditions;
who will not use so-called systems spamming, chain messages or pyramid sales;
that it will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar cyber threats via the Platform;
that it will not use software or other automatic or manual mechanisms to copy or access the pages offering the Products and / or their content.
LIABILITY - LIMITATION OF LIABILITY IN FAVOR OF THE COMPANY
The User acknowledges and accepts that:
the Company cannot be held responsible for defective Products if the defect is due to the conformity of the Products to a legal rule or to a binding provision or if the state of scientific and technical knowledge at the time in which the Company put the Products on sale did not allow still to consider them as defective;
the Company cannot be held responsible if the User is aware of the Product defect and the resulting danger but voluntarily exposes himself to it;
the Company cannot be held responsible for defects that arise from the bad and / or erroneous and / or improper use of the Products, from external causes (eg falls, bumps) and / or from the negligence of the User;
except where expressly specified in the General Conditions, the Company does not issue any declaration or guarantee, express or implied, regarding the Products;
for the purposes of a request for reimbursement and / or compensation to the Company, the damaged User must prove the defect, the damage and the causal link between defect and damage;
the Company is liable for any lack of conformity that occurs within the term of 2 (two) years from the delivery of the goods but the User loses all rights in this regard if he does not report the lack of conformity to the Company within the term of 2 (two ) months from the date the defect was discovered. In any case, in the event of lack of conformity, the User may request, alternatively and without charge, the repair or replacement of the Product by sending the Company a communication by registered letter with return receipt to the address Via Dogana 3 - 20123 Milan or PEC bgek@pec.it;
Products that show clear signs of tampering or failures caused by their improper use or by external agents not attributable to defects and / or manufacturing defects are not covered by the warranty.
Except in the case of willful misconduct or gross negligence, the User i) acknowledges and accepts that the Company will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, incurred and / or borne by the User in connection with the Products and ii) as of now waiver of any claim, including by way of reimbursement or compensation, against the Company. Notwithstanding the foregoing, the Company will in no way be liable to the User for any delays or non-fulfillment of its obligations in relation to the Products in the event that such delays or non-fulfillment derive from Force Majeure.
The Company is not necessarily affiliated and / or partner with the natural and / or legal persons owning the websites to which there are links within the Platform and is not responsible in any way for the content of these websites. These links are made exclusively for the convenience of Users and access to these sites is at the discretion and sole responsibility of the Users themselves. A link from the Platform to any other website does not imply that the Company approves, endorses or recommends said website in any way or has any control over any element of the content of said website.
INDEMNITY
The User undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees from any damage, liability, cost, burden or expense, including legal fees, arising from third party claims. resulting from the use by the User of the Products in a way that does not comply with the General Conditions and / or violations of the provisions contained therein, including the declarations and guarantees referred to in the relevant paragraph of the General Conditions.
PRIVACY
Obligations of the Company towards Users. In fulfilling its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the changes provided for by Legislative Decree 101/2018 (hereinafter, the "Code") and of the Reg . EU 2016/679 (hereinafter, the "Regulation"; the Code and the Regulation together, the "Privacy Law") and, for this purpose, undertakes to adopt all physical, logistical and organizational security measures necessary and adequate to guarantee respect for the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.
Users' personal data are processed using manual and IT tools, with logic strictly related to the processing purposes described in the Privacy Policy and, in any case, in order to ensure the security and confidentiality of the data. The User accepts that the Company has the right to access, store, transmit, use and process all the information it provides in accordance with the terms of the Privacy Policy.
To better know and understand how the Company uses the personal data of Users, the User is invited to consult the Privacy Policy.
ASSIGNMENT
The User may not transfer the General Conditions in whole or in part to third parties.
DURATION and SURVIVAL OF CLAUSES
The General Conditions are effective from the date of acceptance of the same and will remain in force unless terminated early in the terms described in the General Conditions and as provided below.
The following clauses of the General Conditions will remain valid and effective even after the termination of the effects of the General Conditions: User declarations and warranties; Liability - Limitation of Liability in Favor of the Company; Applicable Law and Jurisdiction; General clauses.
RIGHT OF WITHDRAWAL (AND WAIVER)
If the User intends to exercise the right of withdrawal provided for by the Consumer Code, without any penalty and without specifying the reason, the decision to make use of this right must be communicated to the Company within 14 (fourteen) days of receipt of the Products. In the case of separate delivery of multiple Products purchased by the User with a single order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day the last Product is delivered to the User.
If the User selects the Services in relation to the Products purchased, the User renounces the possibility of exercising the right of withdrawal and is therefore invited to verify the correctness of the request (by way of example and not exhaustive, the characteristics of the personalization of a Product) before concluding the purchase. No refunds will be made in relation to the purchase of the Products to which the Services have been combined and the User renounces from now on any claim in this regard.
Without prejudice to the preceding article, the right of withdrawal is exercised:
by sending the Company a communication containing the intention to exercise the right of withdrawal via e-mail to the address: info@borgeseidea.com; the aforementioned communication must contain i) the specification of the Products for which the right of withdrawal is to be exercised and ii) a copy of the documentation proving the purchase;
by sending the Products to the Company, within 14 (fourteen) days of sending the communication referred to in the previous point, to the following address: Via Dogana 3 - 20123 Milan
The Products for which the right of withdrawal is exercised must be returned intact, in their original packaging, complete with accessories and any manuals and everything present in the original packaging.
Failure to comply with all of the above will prevent the Company from proceeding with the processing of the withdrawal request and, consequently, the refund of the amount referred to the returned Products. In this case, therefore, the User will only have the right to regain, at his expense, the Product in the state in which it was returned to the Company. Otherwise, the Company may withhold the returned Products as well as the sums already paid by the User for the relative purchase.
The Company reserves the right to withhold the refund until it has received the Products subject to the right of withdrawal.
The User acknowledges and accepts that:
unless otherwise indicated on the Platform, the costs of returning, shipping and transporting the Products are charged to the User;
in the event of cancellation of the order of the Products before shipment by the User, the Company will have the right to sell the Products covered by the canceled order to third parties and will not be liable for the failure of the User to obtain the same.
RESOLUTION
The Company, pursuant to art. 1456 of the Italian Civil Code, may terminate the General Conditions with immediate effect, by simply sending a written communication to the User also by e-mail, if the User has violated one or more of the following provisions of the General Conditions: Finalization of the Registration and Payments ; Intellectual Property Rights; User declarations and warranties; Transfer. In any case, the Company's right to compensation for damage remains unaffected.
APPLICABLE LAW AND JURISDICTION
The General Conditions are entirely governed by Italian law.
Without prejudice to the provisions for the protection of consumers in the matter of competent court by the Consumer Code, any dispute arising between the Parties in relation to the validity, interpretation, execution and resolution of the General Conditions and / or in any case in connection with the General Conditions will be exclusive jurisdiction of the Court of Milan, with the exclusion of any other, including competitor or alternative.
ODR platform. Pursuant to the European Regulation 524/2013, the Company informs the User that in the event of a dispute, they may submit a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link http: //ec.europa .eu / consumers / odr /.
GENERAL CLAUSES
Any tolerance by the Company towards User behavior in violation of any provision of the General Conditions does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfillment of all the provisions of the General Conditions. same.
The General Conditions contain the overall agreement reached by the Parties with respect to the subject of the same.
Should any term or other provision of the General Conditions be declared null, void or inapplicable, all other conditions and provisions of the General Conditions will remain, however, fully valid and effective.
The Company and the Users act in full autonomy and independence. The General Conditions do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate work between them.
The User acknowledges and accepts that the following paragraphs of the General Conditions contain some unfair provisions, including the points listed and that therefore, he must expressly accept them when registering, pursuant to articles 1341 and 1342 of the Civil Code: Conclusion of the General Conditions and Purchase / Delivery of Products, points 4, 5 and 6; Finalization of Registration and Payments, point 5; Intellectual Property Rights, point 16; User declarations and warranties, point 19; Liability - Limitation of Liability in Favor of the Company, points 21 and 22; Indemnity, point 23; Survival of the Clauses, paragraph 30; Right of Withdrawal (Waiver), points 32, 33 and 34; Applicable Law and Competent Court, points 36 and 37. The User is invited to carefully read the aforementioned clauses, in particular in the points indicated (also in bold in the text) before concluding the purchase of any Product, renouncing any claim in about the same, also by way of reimbursement or compensation.