The company Keep Up Società Benefit srl, with registered offices in Udine Vicolo Gorgo, 8, tax code, VAT No. 02972550301 and registration number at the Register of Companies of Udine 353489 (hereinafter for brevity referred to only as Keep Up) markets, inter alia, other products under the brand name BBOOM (hereinafter the Products).
For the marketing of these products, Keep Up relies not only on direct sales, but has also set up a remote sales system, accessible from the website www.bboom.com (hereinafter only referred to as the Site).
Access to the Site and use of the system of remote sales through the Site are governed by the general conditions of use and by the general conditions of sale as set out below.
I GENERAL CONDITIONS OF USE
The site is the property of Keep Up Società Benefit srl, with registered offices in Udine Vicolo Gorgo, 8, tax code, VAT No. 02972550301 and registration number at the Register of Companies of Udine 353489.
All content included in or displayed on the Site, including, by way of example, text, graphics, photographs, images, moving images, sounds, illustrations and software (hereinafter referred to collectively as the “Site Content”), is the property of Keepup Società Benefit Srl, its licensors or its suppliers and is protected by European and Italian laws protecting copyright and intellectual and industrial property rights. No part or element of the Site or its Content may be copied or retransmitted by any means whatsoever and the Site, its Content and all related rights shall remain the exclusive property of Keepup Società Benefit Srl or its licensors, unless otherwise formally agreed in writing under penalty of nullity.
II GENERAL TERMS AND CONDITIONS OF SALE
Art. 1: General Information
The system of remote sales through the Site is restricted to consumers (hereinafter identified as Customers), understood as natural persons acting for purposes unrelated to a trade, business, craft or profession and is carried out in accordance with the provisions of Italian Legislative Decree No. 206 of 6 September 2005 (hereinafter, for brevity, referred to only as the Consumer Code).
Persons who are not Consumers are asked not to make purchase orders. If one or more sales are made to individuals who do not qualify as Customers, these General Conditions of Sale shall apply but, notwithstanding their content:
1. the buyer will not be able to exercise the right of withdrawal pursuant to art. 10;
2. the buyer will not benefit from the Product warranty indicated in art. 8;
3. the buyer will not be covered by other safeguards, provided for herein in favour of the Customer, which reflect or comply with binding provisions of law;
4. the contract of sale between the Seller and the buyer shall be governed by Italian Law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna, 1980.
The system of remote sales through the Site is restricted to people who have reached the age of eighteen.
These general conditions of sale apply to all sales of BBOOM branded products concluded remotely through the site with delivery only to the countries indicated therein.
The Customer must carefully read and understand the conditions before the start of the remote purchase process because, with the submission of the Purchase Order (according to its meaning as expressed below) the Customer fully and unconditionally agrees to the general conditions of sale published on the Site.
Every purchase is governed by the general conditions of sale as published on the Site at the time the order is placed by the Customer; any replacement of the general conditions of sale on the Site will automatically result in their ineffectiveness and inapplicability with regard to Purchase Orders made after the replacement, regardless of whether the replaced general conditions of sale were in any case accessible or viewable outside the Site.
For the purposes of these general conditions of sale, the Seller is Keep Up Società Benefit srl, with registered offices in Udine Vicolo Gorgo, 8, tax code, VAT No. 02972550301 and registration number in the Register of Companies of Udine 353489.
Any communication related to or referring to the purchase of Products through the Site – including reports, complaints, requests regarding the purchase and/or delivery of Products, exercise of the right of withdrawal, etc. – must be sent to the contact addresses, using the methods indicated on the Site, as well as to the following email address: [email protected]
The Customer shall be solely responsible for any costs incurred for Internet connection to the Site, including telephone charges, based on the rates applied by the Customer’s provider.
Art. 2: Product features and availability in different geographical areas
Information on the Products are available through direct access to the Site.
Prices and features of products, as well as the countries and geographical areas eligible for delivery may be subject to change without notice.
These changes shall apply only to orders not yet confirmed on the date of the change itself.
Art. 3: Product purchase methods – Conclusion of each individual purchase contract
The display of products on the Site is not binding on the Seller, as it must be construed as an “invitation to offer” and not as an “offer to the public”.
The purchase offer is formalised by the Customer by sending a Purchase Order in the manner indicated on the Site.
Before making a Purchase Order on the site, the Customer is invited to create a personal account with accompanying virtual shopping basket.
A purchase order can be made without prior registration and creation of a personal account, by following the steps and instructions shown on the Site.
The purchase will be completed with the Seller’s acceptance (hereinafter Order Acceptance), which will be sent to the email address specified by the customer at the time of registration on the Site or together with the Purchase Order if the Customer has not completed the registration process on the Site.
Receipt of the notification of Order Acceptance will constitute the conclusion of the contract of sale for the Product ordered.
In addition to a description of the Product purchased, the Order Acceptance will contain a link to the applicable general conditions of sale and a summary of the purchase made, including a detailed indication of the price, shipping costs and applicable taxes.
The Purchase Order, Order Acceptance, and the General Conditions of Sale applicable to the agreement will be electronically stored by the Seller in its IT systems and the Customer may request a copy by sending an email to this address [email protected]
Art. 4: Product selection and purchase procedure
The products displayed on the Site can be selected by the Customer and placed in the virtual shopping basket.
The availability of products displayed on the Site should be considered purely nominal and will become binding on the Seller only if confirmed by the sending of the Order Acceptance, on completion of the purchase process as described below.
After selecting the desired Products, the Customer will be asked to (i) register on the Site and provide the required information, or (ii) log in, if the Customer is already registered, or (iii) provide his or her data in order to complete the Purchase Order.
If the information shown in the Purchase Order is different from that provided when registering on the Site, the Customer will be asked to confirm his or her details (for example but not limited to: name and surname, etc.), the delivery address for the selected Products, the invoicing address and optionally, a telephone number where he or she can be contacted for any communications relating to the Purchase Order.
Before sending the Purchase Order, the Customer will see a summary of the order and will have the opportunity to make any changes required.
This summary will show, among other things, shipping charges and estimated delivery times; the latter are to be considered merely indicative and not binding on the Seller, as expressly stated in art. 5 below.
If the Customer finds that the price of one or more of the selected products is clearly lower than the normal price, not counting reductions justified by discounts or promotions explicitly advertised on the Site, they are asked to not submit the Purchase Order and to report the anomaly to “Customer Service”, by writing to [email protected]
After checking the Purchase Order, the Customer will be asked to read and specifically approve the General Conditions of Sale, by ticking the appropriate check-box on the Site.
The Customer will also be asked to choose a delivery method and payment method from those shown as available.
If a Customer chooses the method of immediate payment (i.e. at the time of purchase) by credit card, PayPal Express or Amazon Pay, he or she will be required to the relevant data via secure connection. If payment is made by credit card, the purchase amount will be charged only at the time the Order Acceptance is dispatched. For accounting and administrative purposes, the Seller reserves the right to verify the information provided by the Customer.
The Customer will then be able to submit the Purchase Order to the Seller via the “Confirm order” button.
After checking the correctness of the data regarding the Purchase Order, availability of products ordered and feasibility of delivery to the address specified by the Customer, the Seller will send the Customer a communication containing the Order Acceptance or the non-acceptance of the order with an express indication of the reason preventing the conclusion of the contract.
In the case of the Seller’s non-acceptance of the order due to the unavailability, including temporary, of the Product or for any other reason, the Seller will refund any amounts already paid by the Customer.
Art. 5: Execution of the contract and delivery of the goods
The Customer expressly agrees that the Seller shall commence execution of the contract to deliver the purchased products only after the price has been credited to the Seller’s bank account.
The Products ordered by the Customer will be shipped using the method selected by the Customer from among those available and shown on the Site at the time of submission of the purchase order.
The Customer undertakes to check in due time and as soon as possible that the delivery includes all and only the purchased Products and to promptly inform the Seller of any defects in the Products received or any non-conformities with the order submitted, in accordance with the procedure referred to in art. 8 below. In the absence of such communication, the Products will be considered accepted. If the packaging or wrapping of the Products ordered by the Customer arrives clearly damaged, the Customer is advised to refuse delivery by the courier/shipping company, or to accept the delivery “reserving all rights”.
Art. 6: Prices, shipping costs, duties and taxes
The price of the Products is that indicated on the Site at the time of dispatch of the Purchase Order.
Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect duties (if applicable), and do not include shipping charges, which are calculated automatically upon finalisation of the virtual shopping basket and which are indicated in the summary statement that precedes the Customer’s confirmation of the order.
The Customer shall pay the total price to the Seller as stated in the Purchase Order sent by the former and in the Order Acceptance that he or she has received from the Seller.
Art. 7: Payments and express termination clause
The payment of the price of the Products purchased through the Site must be made within the essential time of 10 (ten) days from the date of receipt of the Order Acceptance.
In the event of non-payment of all or part of the amount due in accordance with the Supply Order within that period, the Seller shall be entitled to terminate the concluded sales contract, in accordance with Article 1456 of the Italian Civil Code, by sending notification to the Customer’s email address or address of residence.
Payment may be made by credit card under the conditions described below.
The Seller may allow additional payment methods, specifying them in the Payments section of the Site.
If the Customer makes the payment by credit card, the transaction will be made through a secure site to which the customer will be automatically directed after opting for this payment method.
The transaction will take place via the STRIPE Inc platform, with registered offices at 510 Townsend St.- CA 94103 – San Francisco.
The data will be transmitted to this operator in protected mode, by encrypted data transfer with 128 bit SSL (SecureSocketLayer) system.
If the Customer selects, where available, the “Amazon Pay” payment method, he or she will be automatically transferred to the site managed exclusively by Amazon. To access to the service provided by Amazon, the Customer must enter his or her credentials and then select the delivery address (provided it is in one of the States indicated on the Site) and payment methods from those available in his or her Amazon account.
By selecting the “Amazon Pay” payment method, the access authorises the Seller to receive his or her data (delivery address) from Amazon.
The Seller will promptly send to the Customer the sales receipt for the purchased products, either electronically or in paper form, in accordance with regulatory requirements applicable to individual sale.
Art. 8: Seller’s legal guarantee of conformity, notification of conformity defects and warranty intervention
Pursuant to the effects of the European Directive 44/99/EC and Article 129 et seq of Italian Legislative Decree No. 206/2005 (the “Consumer Code”), the Seller guarantees the customer that the products conform to the descriptions published on the Site. The Seller is liable for any conformity defects occurring within 2 (two) years from the date of delivery of the Products; the Customer forfeits the rights under Article 130 of the Consumer Code if he or she does not report the conformity defect to the Seller within two months from the date of discovery of the defects.
The Customer has no warranty rights if the product has been used or subjected to cleaning treatment in a manner not in accordance with the instructions and warnings provided by the Seller, or stated in the reference explanatory documentation, tags or labels.
Following receipt of the form and related documentation, the Seller shall evaluate the defects and non-conformities signalled by the Customer and, after performing the quality checks to ascertain the non-conformity of the Product, shall decide whether to authorise the return of the Products for a second, more thorough evaluation, providing the Customer with feedback accompanied by the “Returns Code”, sent by email to the address provided by the Customer during the registration process on the Site or during the submission of the order.
In case of a defect or non-conformity, the Customer has the right to have the conformity of the Product restored by the Seller through repair or replacement, or alternative remedies in cases expressly provided for by art. 130 of Legislative Decree No. 206/2005.
If the Seller has undertaken to refund the price paid by the Customer, the refund will be made, where possible, by the same means of payment used by the Customer when purchasing the Product or by bank transfer. The Customer is responsible for providing the Seller, again by email at the address [email protected], with the bank details to make the transfer in his or her favour and to ensure that the Seller is put in a position to return the amount due.
Art. 9: Liability for damage due to defective products
As regards any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and of Article 117 et seq. of the Consumer Code shall apply.
Art. 10: Right of withdrawal
Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Customer shall have the right to withdraw from any contract concluded under these General Conditions of Sale, without having to provide any reason and without any penalty, within a period (hereinafter referred to as the Withdrawal Period) of 14 (fourteen) days from (i) the delivery of the product or (ii) in the case of the purchase of several products delivered separately with a single order, the delivery of the last product.
To exercise this right, before the expiry of the final deadline for the withdrawal period, the customer must access the “My Returns” page from My Account or, if he or she is not registered on the Site, must access to the dedicated page and enter the order number, conveyed with the Order Acceptance, and the email address used to send the Purchase Order.
Alternatively, the Customer may send a notification to the Seller declaring his or her intention to exercise the right of withdrawal. This declaration can be sent to the Seller via the contact form or email address [email protected], using the online form.
If the Customer has validly exercised the right of withdrawal, he or she will receive a confirmation email from the Seller; if in the meantime the Products have already been delivered, the Customer will also receive the return form to be included in the package, and instructions for proceeding with the return of the product, to be sent within and no later than the following 14 days.
If the Customer exercises the right of withdrawal, his or her payments will be refunded, together with the delivery costs (except for additional costs arising from a choice of delivery type other than the less expensive standard delivery offered) without undue delay and in any case no later than 14 days after the Seller has received notification from the Customer, if the products have not already been delivered.
If the Products have already been delivered, the above period runs from the time when the Seller has received them back or from the time the customer can show proof of their return.
The aforementioned refunds will be made using the same means of payment that the Customer used for the initial transaction, unless the Customer requests otherwise.
In this case, any additional costs arising from the different means of payment requested by the Customer will be borne by the Customer.
The Customer is liable for any diminished value of the goods caused by handling them in a manner other than that strictly necessary to establish the nature, characteristics and operation of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, scratches, dents, deformities, etc.), not complete with all their components and accessories (including labels and tags unaltered and attached to the product), are not accompanied by the enclosed instructions/notes/ manuals, original boxes and packaging, and the warranty certificate, where applicable, the Customer shall be liable for the diminished value of the goods and shall be entitled to a refund of the amount equal to the residual value of the Product.
If the Customer opts to exercise the right of withdrawal, he or she is asked that in order not to jeopardise the right to the full refund of the price paid, he or she should not handle the Products beyond what is strictly necessary to establish their nature, characteristics and operation. He or she is also asked to preserve the integrity of the Products by using the original wrapping, as well as possibly other protective packaging that will preserve its integrity and protect it during transport, also from writing or labels.
Art. 11: Customer data and protection of privacy
In order to be able to complete the registration, the submission of the order and therefore the conclusion of the contract on the basis of these General Conditions of Sale, the Customer must provide the personal data required by the Site.
The Customer declares and warrants that the data provided to the Seller during the registration and purchase process is accurate and true.
The Customer may at any time update and/or change the personal data they have provided to the Seller through the appropriate “My Account” section of the Site, which can be accessed after login.
Art. 12: Security
Although the Seller takes measures to protect personal data against loss, falsification, manipulation and improper use by third parties, the characteristics and technical limitations relating to the protection of Internet-transmitted electronic communications means that the Seller cannot guarantee that the information or data viewed by the Customer on the Site, including after logging in, will not be accessed or viewed by unauthorised third parties.
As regards the data relating to credit card payments, the Seller uses the services of the company STRIPE Inc , which adopts technological systems capable of ensuring the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
Art.13: Applicable law, conciliation attempts and competent court
Any contract of sale concluded between the Seller and Customers, pursuant to these General Conditions of Sale, shall be governed by and construed in accordance with Italian law and in particular the Consumer Code, with specific reference to the rules on distance contracts and Italian Legislative Decree No. 70 of 9 April 2003 regarding the regulation of electronic commerce.
In any case, this will not affect any rights attributed to Customers by binding legislative provisions in force in their own countries.
In the event of disputes between the Seller and a Customer, the Seller undertakes to participate in an amicable conciliation attempt that the Customer may initiate before RisolviOnline, an independent institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached with the help of a neutral and competent conciliator, in an amicable and secure manner on the Internet. For more information on RisolviOnline regulations or to submit a conciliation request, please log in at www.risolvionline.com.
As an alternative to the conciliation attempt, the Customer has the right to access the European Online Dispute Resolution platform (the European ODR Platform). The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, in order to facilitate independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes over contractual obligations arising from contracts of sale or online services between a Customer residing in the Union and a professional established in the Union, through the intervention of a participating ADR (Alternative Dispute Resolution) body. Further information on the European ODR Platform and instructions for initiating the dispute resolution procedure are available at the following link: http://ec.europa.eu/odr. The Seller’s e-mail address to be indicated on the European ODR Platform is as follows: [email protected]
In the event of failure to attempt conciliation, negative outcome of the attempt or failure to resolve the dispute out of court, the jurisdiction of any litigation will be devolved to the court of the place of residence or domicile of the Customer, in accordance with Article 66-bis of the Consumer Code