Terms and Conditions

GENERAL CONDITIONS OF SALE MAIMMOBILIARE SRL
 
1) DEFINITIONS

These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the Website www.boasorte.eu (hereinafter , the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).

The term ” Purchaser ” means the person who makes the purchase referred to in this contract.

The term ” Supplier ” refers to the person who carries out the sale of the goods covered by this contract.
The goods and services covered by these general conditions are offered for sale by MAIMMOBILIARE SRL based in Cosenza (Cs) Via Piave nr. 36 – Tax code / VAT number and registration in the Business Register of Cosenza n. IT03053200782.

The Buyer, by electronically sending his purchase order, declares to have read and accepted the general and payment conditions transcribed below, and to have read them. Therefore, the transmission of the order implies full knowledge of the aforementioned conditions and their full acceptance.

The Buyer undertakes and undertakes, after the conclusion of the online purchase procedure, to print and keep these general conditions of sale, already viewed and accepted.

2) OBJECT AND CONCLUSION OF THE CONTRACT

With this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematic tools only the tangible movable goods and services indicated and offered for sale on this site.

The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by accessing the Purchaser to the address of this site, where, following the indicated procedures, the Purchaser will formalize the purchase order for the goods offered in sale.

To purchase the products, the Purchaser must duly complete and send the order form and correctly complete the purchase process up to the summary page containing the order number in electronic format following the instructions contained on the Site. The Purchaser must : – add the products to the cart and, after having read the general conditions and the privacy policy, – must enter the shipping and billing information, – select the desired payment method and confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Buyer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General and payment conditions transcribed. .

MAIMMOBILIARE SRL will send the Buyer an order confirmation email containing the order number, the shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including any costs of shipping. The Buyer will check the confirmation email and, if he identifies errors in the order, he will have 2 hours from receiving the order confirmation email to change the shipping address or any greeting card by contacting Customer Service MAIMMOBILIARE SRL

It is not possible to change other elements of the order, such as, for example, products and quantities.

The contract stipulated between MAIMMOBILIARE SRL and the Buyer will be considered concluded only with the shipment of the ordered products.
The sales contract and the order summary are drawn up in three versions: Italian, English, German. In case of discrepancies in the translation, the Italian version will prevail.

 
3) METHOD OF PAYMENT AND REFUND

The Buyer can pay for the ordered products and the relative shipping costs by credit card, PayPal and bank transfer.

Credit Card – The circuits on which it is possible to purchase on the Site are Visa and Mastercard.

PayPal – Once the order has been confirmed, the Buyer will be redirected to the PayPal site where he can make the payment with his account or using a credit card or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.

Bank transfer – The Buyer must make the transfer within 5 working days from the order date. If this does not happen, the order will be canceled. The Buyer who has not made the transfer can be contacted by the Customer Service in order to receive support in making the non-payment. For payment by bank transfer, the order is processed upon receipt of the payment. The times of receipt of the transfer are technical banking times that do not depend on the Supplier, who cannot provide information on the date of shipment before having recorded the receipt of the transfer in the accounts.

The details for the arrangement of the transfer will be communicated to the Buyer with the order confirmation, the transfer must explicitly indicate the order number, which can be found in the confirmation email (eg “Order n.123456”).

The credit card data are managed directly by the BNP PARIBAS Group, ‘Axepta SpA’ specialized in the management of on-line payments; PayPal data is managed directly by PayPal. The information is encrypted using cryptographic systems that prevent its use by third parties and is sent directly to the bank. The Supplier reserves the right to make a request to the bank issuing the card to verify the authenticity of the ownership of the card itself or to PayPal in case of problems. Any reimbursement to the Buyer, if he is entitled to it, will be credited by reversing the payment by credit card, PayPal or bank transfer, at the latest within 30 days. from the date on which the Supplier became aware of the cause that generates the right to reimbursement.

– The refund will be made on the same means used at the time of booking.

 
4) DELIVERY TIMES AND METHODS
The Supplier will deliver the ordered products through the UPS courier or, in cases where it is necessary, through other couriers. Except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered in Italy within a maximum period of 5 (five) working days starting from the working day following that on which the Supplier confirmed the order to the Customer by means of a specific email. order confirmation.
 
5) SHIPPING AND DELIVERY COSTS
The Supplier ships with the DDP (Delivery Duty Paid) formula, so the goods will be delivered without further charges.
 
6) PRICES

All sales prices of the products displayed and indicated on this website constitute an offer to the public pursuant to art. 1336 cc, are inclusive of VAT and all other taxes. The shipping costs will be indicated and calculated in the purchase procedure before the payment of the order by the Buyer and also contained in the web page summarizing the order placed. The prices indicated for each of the goods offered to the public are valid until the moment 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 for the Buyer what appears on the order summary web page will prevail.

 
7) AVAILABILITY OF PRODUCTS

The Supplier ensures through the electronic system used the processing and fulfillment of orders within the terms provided for in the contract except in the event of force majeure or unforeseeable circumstances. If the product is not available in stock, Customer Service will promptly notify the Buyer, providing information on how to proceed.

8) LIMITATIONS OF LIABILITY

The Supplier assumes no responsibility for disservices attributable to force majeure and / or for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.The Supplier cannot be held responsible towards the Purchaser, except in cases of willful misconduct or gross negligence.
The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid.

The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards upon payment of the purchased products if it proves that it has adopted all the precautions applicable at the time of the transaction.

 
10) BUYER’S OBLIGATIONS

The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the Contract. The Buyer undertakes, after the conclusion of the online purchase procedure, to print and store the web page that contains the order data. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as at the time of finalizing the order the link to this section is always present at the bottom of the page.

11) ARCHIVING METHOD OF THE CONTRACT

Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order sent to BOA SORTE RENDE SRL is stored in digital form on the server where the site resides according to criteria of confidentiality and security.

12) COMMUNICATIONS AND COMPLAINTS

The Purchaser indicates in the registration form his residence and domicile, the telephone number and the e-mail address to which he wishes the Supplier’s communications to be sent.

The Purchaser within 14 (fourteen) working days of receiving the goods, can report any problems by starting a complaint procedure.
Written communications directed to the Supplier and any complaints will be considered valid only if sent to MAIMMOBILIARE SRL, or sent by e-mail to MAIMMOBILIARE@POSTALEGALECERTIFICATA.IT or via the A / R to be addressed to: – MAIMMOBILIARE SRL based in Cosenza ( Cs) Via Piave n. 36  

In the case of damaged or missing goods, which therefore present evident discrepancies between the goods purchased and the one received, the Seller has the right to ask the Buyer for photographic proof that demonstrates the non-conformity of the delivery. If, following verification of the photographic evidence, the non-conformity is confirmed, the Supplier will reimburse the Buyer of the exact amount paid by the Buyer. If the refund is partial and does not concern the entire order, any shipping costs paid by the customer will not be refunded.
It is the Supplier’s discretion, and in any case in agreement with the Buyer, to propose the return of non-compliant goods or to propose the issuance and sending of a discount code that can be spent on the Seller’s website.

The Seller avails itself of the right to reject a complaint in the following cases:

– incorrect, incomplete or unsuitable delivery address (based on the data provided by the Buyer during the purchase) or lack of a recipient reference visible to the shipper at the delivery address (e.g. house number or name and surname on the doorbell). The delivery information entered by the Buyer and recorded at the time of the order are binding on the Buyer. In the event of an error in entering such delivery data, the Seller cannot be held responsible for the impossibility of delivering the goods as a result of such error. The Customer Service will make an attempt to contact the Buyer (even in an exclusively electronic way), who is required to give an answer within 24 hours; – delivery not made due to the absent recipient. The Customer Service will make an attempt to contact the Buyer (even in an exclusively electronic way), who is required to give an answer within 24 hours; – absence of photographs proving the state of the product, if it is reported as non-compliant; – change of the shipping address beyond the term of 2 hours from the moment of the order, or change of the address made directly by the Buyer and not communicated to the Seller;

The Supplier avails itself of the right to reject orders from Customers who have placed two orders and which have not been subsequently delivered.

 
13) COMPOSITION OF DISPUTES AND APPLICABLE LAW

The sales contract between the customer and MAIMMOBILIARE SRL is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Cosenza, any other competent court excluded.

14) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS

The confirmation of the order implies for the Buyer the acceptance of these general conditions which can 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 processed and for which the web page, which summarizes the order data, is not yet displayed.

15) RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the contract concluded with the Supplier, without any penalty and without specifying the reason, within 14 days from the day of receipt of the products purchased on www.boasorte.eu 

To withdraw from the contract, the Buyer may (must) use the return form (compliant with the standard form pursuant to Article 49, paragraph 4 of the Consumer Code) to be filled in and sent to the seller at the email address info @ boasorte. eu or draw up and send to the Seller another explicit declaration of their decision to withdraw from the contract.

After exercising the right of withdrawal, the Buyer must return (is required to return) the products to the Supplier within 14 days from the date on which he communicated to the seller his decision to withdraw from the contract.

The costs of returning the goods will be (they are considered) borne by the Buyer, as well as the responsibility in case of loss or damage to the products during transport.

The right of withdrawal, in addition to compliance with the terms and methods described above, is understood to be exercised correctly if the following conditions are also met:
– Transmission of the return form or other explicit declaration of one’s intention to withdraw from the contract within the terms provided for by the these general conditions of sale;
– The products must be returned in their original packaging, intact and sealed, and must not be damaged.

If the right of withdrawal is exercised in the manner provided, the Supplier shall make the necessary checks relating to the conformity of the returned products and refund the sums due within 14 days from the date on which the Supplier has returned to possession of the goods;

The Supplier reimburses using the same payment method used by the Buyer for the purchase of the returned products, unless otherwise agreed between the parties.

If the methods and terms for exercising the right of withdrawal are not respected, the Buyer will not be entitled to a refund of the sums already paid to the Supplier.

The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.

In addition to the cases indicated above (customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
– order of products made to measure or clearly personalized;
– order of Products that risk deteriorating or expiring rapidly;
– order of sealed Products which cannot be returned for hygienic reasons or related to health protection or which have been opened after delivery.

With reference to the cases of exclusion of the withdrawal listed above, the Purchaser, in particular, is informed and accepts that the Products that “risk deteriorating or expire rapidly” include all Food Products (including wines, spirits and beverages) as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for hygienic reasons and for the protection of Buyers, the right of withdrawal is only applicable for Products purchased on the Site which can be returned to the Supplier and then put back on the market by the Supplier without endangering the health of consumers. 

In cases of exclusion of the right of withdrawal, the Supplier will return the purchased Products to the Buyer, charging the shipping costs to the same.

If the order that the Buyer wishes to return contains free products (in the event that the order was acquired during a promotional campaign that provided for the provision of free products), the Buyer must also return the free product . The free product must also be returned under the conditions described above.

 
16) INFORMATION ON PRODUCTS

The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color, size and decorative elements (such as, by way of non-exhaustive example, ribbons and labels ). In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
By concluding the online purchase procedure, the Purchaser declares to have read the ingredients and allergens.

17) BILLING OF PRODUCTS

If the purchase is made by a VAT subject, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the data
invoicing including tax code and / or VAT number. In this case, the invoice will be sent by email to the address indicated. The Purchaser is responsible for correctly entering the data of
invoicing and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.

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