OBJECT and DEFINITIONS
These general terms and conditions of contract (the "General Terms and Conditions") contain the terms and conditions that govern the distance sale, through telematic tools, by BGEK S.r.l. with 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 favour of the natural person who makes the purchase for purposes not related to his/her commercial or professional activity (the "User"). By proceeding with the purchase of the aforementioned Products, through the procedure provided by the Platform, the User declares their acceptance of the General Terms and Conditions.
For the purchase of Products by natural or legal persons for purposes related to the commercial and professional activities of the aforementioned persons, please contact the Company directly.
The Company does not entertain any commercial relationship with any third parties whose brands and/or information ("Brand") are shown in relation to the Products, which constitute original artistic works. The Products are made by the Company without any involvement of the Brands, the reference to which has a mere descriptive purpose aimed at clarifying the characteristics of the Products. The Products are original objects made by the Company and distinguished by the "Borgese" and "Borgese idea" brands owned by the same.
In addition to the terms defined elsewhere in the General Terms and Conditions, for the purposes of the General Terms and Conditions, they are defined as:
"Force Majeure": by way of example and without any intention of limitation, lockouts, strikes, wars, fires, epidemics, pandemics or any other event beyond the reasonable sphere of control of the Company and which prevents the full and proper fulfilment of the obligations provided for in the General Conditions are considered as force majeure;
"Rights": shall mean the intellectual property rights inherent to the Products, such as trademarks, logos, and any other content that may be the subject of private rights and/or any other intellectual property right relating to the Products and the Platform, owned exclusively by and/or otherwise available to the Company, with the express exclusion of that relating to the Brands
"Registration": the process of filling in the form prepared for the creation of the Account;
"Services": means the Services offered on the Platform relating to the Products, such as but not limited to, customisation, additions and modifications.
CONCLUSION OF THE GENERAL CONDITIONS AND PURCHASE/DELIVERY OF PRODUCTS
The User declares that they have read and expressly accepted the General Terms and 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 Products, the contract between the Company and the User is concluded following Registration and the submission of the completed purchase form after placing selected Products in the electronic shopping 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 Terms and Conditions, they are invited to refrain from Registration and the purchase of Products.
The User acknowledges and accepts that the Company reserves the right to modify the General Terms and Conditions at any time, at its own discretion, making the User aware of this by publishing them on the Platform. A mere visit to the Platform following the change will be considered as full acceptance by the User of the change. The User acknowledges and accepts, therefore, that it will be the User's responsibility to periodically check the Platform for any changes to the General Terms and Conditions.
The Company will provide for the delivery of the Products ordered and paid for by the User in the manner chosen by the User at the time of purchase and/or in any case indicated on the Platform. Without prejudice to the above, the User acknowledges and accepts that the delivery times indicated on the Website are merely indicative and may vary from the day following the order to a maximum of 30 (thirty) days from the confirmation of the order. Until the aforementioned period of 30 (thirty) days has elapsed, the User hereby waives any and all claims, including for reimbursement or compensation, against the Company.
At the time of delivery of the Products, the User is required to check that the number of packages delivered corresponds to the number indicated in the transport document attached to the Products shipped and that the packaging is intact and not altered, including the closing tapes present. In the event that the Products delivered show any damage presumably caused by transport, the User must refuse the delivery and promptly notify the Company in writing, at the address Via Dogana 3 - 20123 Milan, Italy, which will make the necessary objections to the forwarding agent and make a new shipment once it has received the disputed goods. In the event that the User nevertheless decides to accept the delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his/her rights, he/she must necessarily contest the unsuitability of the packaging, affixing the wording "Reserve for control of goods due to..." and indicating the reason for the reserve in question on the shipper's delivery document, a copy of which he/she must retain and send to the Company.
FINALISATION OF REGISTRATION AND PAYMENT
To finalise the purchase of the Products, the User undertakes to pay the price. In order to proceed with the payment of the Products, the User must follow the instructions on the Platform, use the page provided by the Company and enter all the required data for shipping and invoicing. The User acknowledges and accepts that the payments and all management of the data required to make the payment will be handled by third party companies other than the Company, chosen and modified by the latter at its sole discretion. At no time during the aforementioned purchase procedure is the Company able to know the User's credit card information. In no case, therefore, can the Company be held responsible for any fraudulent or undue use of credit cards and for the management of the data necessary for payment by third parties.
In the event of payment by credit card or other electronic money payment systems, upon conclusion of the online transaction, the relevant payment gateway shall authorise only the amount related to the purchase made. The relevant amount shall be charged to the User's credit card at the time of purchase.
In the event of cancellation of the purchase made by the User's credit card, in accordance with the General Terms and Conditions, the payment gateway shall cancel the transaction and release the pledged amount. The time of release, for some types of credit cards, depends exclusively on the payment gateway system and may be up to their natural expiry date (24th day from the date of authorisation). Once the transaction has been cancelled, the User acknowledges and expressly accepts that under no circumstances may the Company be held liable for any damages, direct or indirect, caused by delay in the payment gateway's failure to release the amount committed.
The Company reserves the right to ask the User for additional information (e.g. identification document) or to send copies of documents proving the ownership of the credit card used. In the absence of the requested documentation, the Company reserves the right not to accept the order.
The User acknowledges and accepts that it shall be his/her responsibility, during the Registration phase, to indicate any reference to the tax code and/or VAT number and/or other invoicing data in the event that the same wishes the issuance of an invoice with such an 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 designs 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 herein does not necessarily imply a link between the Company and the Brands owning the rights on the aforesaid objects. The Products, except where expressly indicated, do not constitute merchandising of third party products which, even if directly or indirectly referred to for merely descriptive purposes of the Products, have no connection with the Company. The Rights to the Products, made as specified in this article, are the exclusive property of the Company and/or of third parties that have licensed their use to the Company, and are protected by intellectual and industrial property laws. The purchase for personal use of the Products does not give rise to any intellectual and industrial property rights over the Products by the Users. 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 licence and/or other authorisation to the User as there is no link between the Company and the Brands and their reference is merely to describe parts of the Products.
Except to the extent necessary to purchase the Products, the User may not download, copy, use, transfer, rent, sub-licence, lend, modify, adapt, counterfeit, attempt to modify or alter the source code, reverse engineer, decompile, disassemble or otherwise operate all or any part of the Products and/or the Platform.
The unauthorised use, copying, reproduction, modification, republication, updating, downloading, sending by post, transmission, distribution or duplication or any other abusive use of the Products and/or the Platform and/or all of the subject matter of the Rights, by the User is prohibited. As a user of the Products, the User agrees not to use them for illicit purposes and/or in violation of the provisions of the General Terms and Conditions and agrees not to violate the Rights of the Company and/or its third-party licensors and/or Brands.
In relation to the foregoing, the User agrees 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 the Rights in violation of the provisions of the General Conditions.
DECLARATIONS AND WARRANTIES OF THE USER
The User acknowledges and expressly accepts that, in the event of violation by the User of the law, third party rights or the General Conditions, the Company may - at its complete discretion - prevent the User from accessing the Platform and/or the Account and/or any other website that the Company will use for the provision of the Products, as well as take any other action useful to protect the rights and interests of the Company.
In order to purchase the Products, the User must have the necessary equipment and applications such as, for example, Internet services and, in this regard, the Company will not be held responsible for any malfunctions, inability to access or poor conditions of use of the Platform attributable, for example, to unsuitable equipment.
The User declares and guarantees
that he or she has read and understood the General Terms and Conditions
to have understood that the Products are original artistic works, in some cases freely inspired by objects of third parties, such as Brands, in no way related to the Company;
that I understand that there is no connection and/or other commercial relationship between the Company and the Brands;
that it will print a copy of the General Conditions following the purchase of the Product;
that it has the necessary powers to act for the purposes set out therein and that it has the capacity to act and sign legally binding contracts
that he/she has, when registering for the Platform, chosen a secure and complex password;
that it will abstain from reproducing, duplicating, copying, using, selling, reselling and in any case exploiting for commercial purposes the Products, the Platform and all that is the subject of the Rights
that it will refrain from any form of direct and/or indirect use of the Products and the Platform contrary to the law or not in accordance with the provisions of the General Conditions
that it will not use so-called spamming, chain message or pyramid selling systems
that it will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar computer threats via the Platform
that it will not use software or other automatic or manual mechanisms to copy or access pages offering Products and/or their content.
LIABILITY - LIMITATION OF LIABILITY IN FAVOUR OF THE COMPANY
The User acknowledges and accepts that
the Company cannot be held liable for defective Products if the defect is due to the Products' compliance with a legal norm or binding measure or if the state of scientific and technical knowledge at the time the Company offered the Products for sale did not yet allow them to be considered as defective;
the Company shall not be liable if the User is aware of the Product's defect and the danger arising therefrom but voluntarily exposes himself to it;
the Company shall not be held liable for defects resulting from the bad and/or incorrect and/or improper use of the Products, from external causes (e.g. falls, shocks) and/or from the carelessness of the User;
except where expressly specified in the General Conditions, the Company makes no representations or warranties, express or implied, with respect to the Products;
for the purposes of a claim for reimbursement and/or compensation to the Company, the injured User shall have to prove the defect, the damage and the causal link between the defect and the damage;
the Company shall be liable for any conformity defect that becomes apparent within a period of 2 (two) years from the delivery of the goods, but the User shall forfeit all rights in this respect if he does not report the conformity defect to the Company within a period of 2 (two) months from the date on which the defect was discovered. In any case, in the event of conformity defects, the User may request, alternatively and free of charge, the repair or replacement of the Product by sending a communication to the Company by registered letter with return receipt to the address Via Dogana 3 - 20123 Milan or PEC firstname.lastname@example.org;
Products that show clear signs of tampering or faults caused by their improper use or by external agents not attributable to manufacturing flaws and/or defects are not covered by the warranty.
Except in the case of fraud or gross negligence, the User i) acknowledges and accepts that the Company shall in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and/or incurred by the User in connection with the Products and ii) hereby waives any and all claims, including reimbursement or compensation, against the Company. Notwithstanding the foregoing, the Company shall in no way be liable to the User for any delay or failure to perform its obligations in connection with the Products if such delay or failure arises from Force Majeure.
The Company is not necessarily affiliated and/or partnered with the natural and/or legal persons who own the websites to which links exist within the Platform and is not responsible in any way for the content of these websites. These links are made solely for the convenience of Users and access to these sites is at the discretion and sole responsibility of Users. A link from the Platform to any other website does not imply that the Company approves, endorses or recommends in any way said website or has any control over any element of the content of said website.
The User agrees 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 claims by third parties as a result of the User's use of the Products in a manner that does not comply with the General Conditions and/or violations of the provisions thereof, including the representations and warranties set out in the relevant paragraph of the General Conditions.
Obligations of the Company towards Users. In the fulfilment of its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the amendments envisaged by Legislative Decree 101/2018 (hereinafter, the "Code") and EU Reg. 2016/679 (hereinafter, the "Regulations"; the Code and the Regulations together, the "Privacy Legislation") and, to this end, undertakes to adopt all physical, logistical and organisational security measures necessary and appropriate to guarantee the respect for the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.
The User may not assign the General Terms and Conditions in whole or in part to third parties.
DURATION and SURVIVAL OF CLAUSES
The General Terms and Conditions shall take effect from the date of acceptance thereof and shall remain in force unless terminated earlier under the terms described in the General Terms and Conditions and as provided below.
The following clauses of the General Conditions shall remain valid and effective even after the termination of the General Conditions: Declarations and Guarantees of the User; Liability - Limitation of Liability in Favour of the Company; Applicable Law and Competent Jurisdiction; General Clauses.
RIGHT OF WITHDRAWAL (AND WAIVER)
If the User intends to avail himself of the right of withdrawal provided for by the Consumer Code, without any penalty and without specifying the reason, the decision to avail himself 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 several Products purchased by the User in a single order, the 14 (fourteen) day period for exercising the right of withdrawal starts from the day on which the last Product is delivered to the User.
In the event that the User selects Services in relation to the Products purchased, the User waives the possibility of exercising the right of withdrawal and is therefore invited to check the correctness of what has been requested (by way of example only, the characteristics of the customisation of a Product) before concluding the purchase. No refunds will be made in relation to the purchase of Products to which Services have been combined, and the User hereby waives any and all claims in this regard.
Without prejudice to the foregoing article, the right of withdrawal is exercised by
by sending to the Company a communication containing the will to exercise the right of withdrawal by e-mail to the address: email@example.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
sending the Products to the Company, within the term of 14 (fourteen) days from the sending of 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 undamaged, 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 request for withdrawal and, consequently, with the refund of the amount relating to the returned Products. In this case, therefore, the User shall only have the right to re-obtain, at his/her own expense, the Product in the state in which it was returned to the Company. Otherwise, the Company may retain the returned Products in addition to the sums already paid by the User for the relevant 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 the responsibility of the User;
in the event that the order of Products is cancelled before shipment by the User, the Company will be entitled to sell the Products subject to the cancelled order to third parties and will not be responsible for the User's failure to obtain them.
Pursuant to Article 1456 of the Italian Civil Code, the Company may terminate the General Conditions with immediate effect, by simply sending written notice to the User, including by e-mail, if the User has violated one or more of the following provisions of the General Conditions: Finalisation of Registration and Payments; Intellectual Property Rights; Declarations and Guarantees of the User; Assignment. The Company's right to claim damages shall remain unaffected.
APPLICABLE LAW AND JURISDICTION
The General Conditions are entirely governed by Italian law.
Without prejudice to the provisions established for the protection of consumers in relation to the competent court by the Consumer Code, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of the General Conditions and/or in any case in connection with the General Conditions shall be the exclusive competence of the Court of Milan, to the exclusion of any other, even concurrent or alternative, jurisdiction.
ODR Platform. Pursuant to European Regulation 524/2013 the Company informs the User that in the event of a dispute he/she may submit a complaint through the ODR platform (Online Dispute Resolution) made available by the European Commission and accessible at the following link http://ec.europa.eu/consumers/odr/.