terms and conditions

Terms of sale

Article 1. General

These general conditions of sale of the brand Buste Design apply to all orders, sales and deliveries of products that the Company manufactures and/or markets. The general conditions apply to both individuals and companies or organizations/associations. All orders presuppose the full and unreserved acceptance of these general conditions of sale. The customer's own general conditions of purchase are irrelevant for the purposes of the interpretation and application of this contract.

Article 2. Quotations, Orders

Only estimates presented in writing and during the period indicated in the estimate itself are considered valid according to the law. In case of failure to mention the duration of the estimate, the validity is understood to be set at 30 days from the time of issue. After this term, the estimate is considered ineffective, unless accepted by Buste Design.

Orders can be placed and are validly received by Buste Design to the addresses specifically indicated by the same, through the E-commerce site. The contract must be considered concluded only following formal acceptance of the order by Buste Design. . Buste Design reserves the right to confirm the order through any useful means with specific communication to the customer's address. The customer must check the order confirmation and immediately communicate any error, omission or discrepancy with respect to the order itself. Otherwise the object of the sales contract will be determined on the basis of the order confirmation sent by Buste Design. Orders placed by the customer himself, or by an attorney or other authorized person acting in his name or on behalf of him, will produce their legal effects on the customer.

Buste Design reserves the right to cancel the order and issue a refund in the event of lack of goods and/or availability of the same within a maximum time of 7 days or in the event of non-payment.

Article 3. Object

The Agreement contains the terms and conditions governing:

the purchase and sale of Products as well as the supply of Services purchased by the Customer through the Site; and navigation on the Site by the Customer as well as the use of all the functions made available to the Customer through the Site.

Any purchase of Products or Services made by (A) a Customer, who acts as a Consumer Customer, will be governed not only by the Contract, but also by the provisions of the Consumer Code and Legislative Decree no. 70/2003, as applicable; and (B) a Client, acting as a Professional Client, will be governed exclusively by this Agreement, as well as by the provisions of the civil code, to the extent not provided for herein

Article 4. Registration on the site and Acceptance of the conditions of the contract

The Customer who intends to act as a Registered Customer must complete the registration procedure on the Site by providing the information and personal data requested and indicate an e-mail address to log in and a "password", as requested in the appropriate section of the Site. Buste Design will send a confirmation email of the registration to the email address provided by the Registered Customer during the registration procedure.

The Registered Customer is required to carefully read these General Conditions as well as, in general, the terms and conditions of the Contract which can be viewed and printed during the registration process also by accessing pop-ups or hypertext links; the Customer is required to accept these terms and conditions by clicking in the appropriate box marked with the wording "I accept the terms and conditions of use".

The Client expressly authorizes Buste Design to send this Contract, including the related General Conditions, any special conditions, as well as all communications relating to the execution of this Contract to their e-mail address, also via specific links to the relevant pages of the Site. The Customer acknowledges that this Contract, including the relative General Conditions, any special conditions and all relative modifications in force from time to time, can be printed on paper or downloaded by the Customer himself.

Article 5. Characteristics of the products

Prices

The prices of the Products published on the Site are inclusive of VAT while they do not include any costs for Services that may be requested by the Customer.

The purchases of the Products, as illustrated and described on the online Site in the relative technical data sheets, as well as of the Services are made by the Customer at the price in force at the time of sending the Purchase Order, the latter price which will, in any case, be , displayed on the Site as well as within the Purchase Order.

Notwithstanding all of the foregoing, Buste Design reserves the right to modify at any time, at its sole discretion and without notice, the price of the Products and Services present on the Site from time to time, without therefore providing any guarantee regarding the fact that the sale price of the Products or Services remains available on the Site or unchanged for a certain period of time. Conversely and for clarity, any price that has been agreed following acceptance by Buste Design of a Purchase Order issued by a Customer, will remain firm and unchangeable between the parties.

Sheet and description of the Products

The images and photos used to accompany each description of the Products are merely indicative and may not be perfectly representative of the characteristics of the Product itself, as this may differ in colour, size or accessories not present in the image and in the photos used as an accompaniment.

Availability of Products

The availability of each Product is updated on the Site once a day. In light of the fact that the possibility for Customers to submit orders online constantly changes the availability of the Products, Buste Design does not guarantee the availability of the Products ordered by the Customer but reserves the right to verify it from time to time, notifying the Customer pursuant to the previous article

To understand the availability status of the products:

Product available: All products that show the numerical stock in the warehouse alongside, therefore for example 5 or 12, are ready and available to be shipped after the effective receipt of payment and of the order with the expected delivery times.

Product available upon request: All products with the wording available on request alongside mean that the material is: a. returned to the warehouse and has yet to be checked, labeled and loaded into the warehouse so it is not yet visible as stock b. material we have on order and the company is shipping us to our warehouses In both cases the waiting time for shipment will depend on the receipt of the goods by our warehouse with a maximum timescale of 12 days, in the case of longer timescales it will be care of our assistance staff to contact the customer to inform him of the extended wait or of a possible exchange of goods.

Product not available: All products bearing this wording cannot be ordered at the moment.

- ATTENTION - All personalized products will be considered only after payment and confirmation of the draft.

Article 6. Conditions and Forms of Payment

The accepted forms of payment are:

Ordinary bank transfer:(the goods will leave only after verifying the payment in the bank)

Once the payment has been made, it is necessary to send us the details of the payment by e-mail to the postal address "info@santamariamonza.it".

Here are the data to make the payment:

For those who buy from Italy and abroad:

Santamaria snc

Banca Bper

Iban code IT36J0326820400052852225070

Swift (for foreign countries) SELBIT2BXXX

PayPal is a secure online payment method. It not only safeguards your personal data, but offers you extensive protection against unauthorized payments funded from your account. For each transaction made with your PayPal account you will receive a confirmation email. If you receive confirmation of a payment you didn't authorize, PayPal Customer Service will help you resolve the issue at any time. You can make a payment using your PayPal account or, if you don't have a PayPal account, you can safely and securely pay via PayPal with your paper of credit.

Failure to pay the invoice in full on the due date will result in the attribution in favor of Santamaria snc of the compensation deriving from non-fulfilment and of the flat-rate interest determined on the basis of the percentage sum resulting at the legal rate determined on the basis of current legislation (and in particular pursuant to and by effect of Legislative Decree No. 231/2002) with respect to the price including VAT. This clause does not affect the immediate enforceability of the credit.

Article 7. Times and Forms of Delivery of the Goods In general

Buste Design delivers the Products all over the world.

The purchased products will be delivered by Buste DesignThe

– to the address indicated by the Customer in the Purchase Order;

– at the warehouse of the carrier selected by the Customer in the Purchase Order.

Delivery times and stock

Non-personalised Products will be delivered by Buste Design at home (or made available at the Point of Sale or at the warehouse of the carrier selected by the Customer in the Purchase Order) within an indicative and non-binding term of 7 (seven) Working Days from the sending by Buste Design of the Purchase Order acceptance e-mail.

In the event that the Products are not delivered after 7 (seven) Working Days from the sending of the Purchase Order acceptance e-mail by Santamaria snc, the Customer may send an e-mail to Info@santamariamonza.it with the subject "non-delivery" and indicating the order number and any notes.

After receiving this e-mail and after carrying out the necessary checks, Buste Design will contact the Customer, approximately within 2 (two) Working Days, responding to the Customer's request for information.

In case of purchase of several Products of different types, Buste Design reserves the right to deliver the individual Products with different times and deliveries. Such a choice of Buste Design it will not entail any additional costs for the Customer.

The Customer is required to verify, upon receipt of the ordered Products: (a) if the number of packages being delivered corresponds to that indicated on the transport document, (b) if the packaging is intact, and (c) if the Product delivered to him complies with the Purchase Order placed.

The Customer must sign the delivery note indicating "subject to checking the integrity of the products"; if this does not happen, the Customer will not be able to subsequently contest the external non-compliance of the Product and its quantity with respect to what was ordered.

In the case of collection of the Product directly from the store, Buste Design will communicate, by e-mail, to the Customer the date from which the Product can be collected. The Product will remain in storage at the Point of Sale Buste Design for 10 (ten) Business Days from the date on which the Product is available as above. After this deadline, Buste Design will have the right to declare the relevant Contract terminated and ineffective, by sending the Customer an e-mail to this end, and, in this case, Buste Design will have the right to re-list the Product for sale.

Home delivery

In case of home delivery, the Customer can choose the following additional paid services as indicated in the cart:

- Delivery on Saturday morning;

- Delivery by telephone appointment;

Delivery at the Point of Sale Buste Design

The Products purchased on the Site may also be collected by the Customer at the point of sale.

The Products will be made available at the Point of Sale within an indicative and non-binding term of 10 (ten) Working Days from the dispatch by Buste Design of the Purchase Order acceptance e-mail.

Invoice

The invoice relating to purchases of Products (and related Services), delivered at home, will be inserted inside the package and/or can be downloaded by the Registered Customer directly online in the Customer file.

The Registered Customer can download the invoice by entering the order number and his e-mail address in the specific section called 'order status'.

As regards, however, the Products collected at the Point of Sale Buste Design, the invoice will be delivered directly to the Customer at the same Point of Sale Buste Design.

No change in the invoice will be possible after its issuance.

For orders involving multiple Products, separate invoices may be issued based on the shipments actually made.

Shipping fees

Shipping costs must be added to the price of the Product purchased by the Customer for which home delivery or collection is required. This amount is calculated automatically by the system Buste Design, having regard, among others, to the weight and dimensions of the Products, but without distinctions related to the place of delivery in the Italian territory and in some cases and/or periods it may not be present or linked to spending thresholds. This amount, if present, will be indicated in the Purchase Order before it is sent by the Customer.

In case of collection at the point of sale Buste Design, no shipping charges will be added.

Article 8. Product Warranty

All Products purchased through Buste Design enjoy the legal guarantee of conformity pursuant to the Consumer Code and the Civil Code, as applicable.

Professional Client

For each Product purchased by a Professional Customer, the latter will benefit from the guarantee for defects in the thing sold pursuant to art. 1490 et seq. cc; the action of the Professional Customer aimed at asserting the warranty for defects is prescribed after 1 (one) year from the delivery of the purchased Product and the relative defects must be reported in the terms of art. 1495 of the civil code

Consumer Client

For each Product purchased by a Consumer Customer, the latter will benefit from the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code.

The legal guarantee paid by the seller applies to lack of conformity which occurs within 24 months from the date of delivery of the Product and which are reported by the consumer within 2 months following the date of discovery of the defects themselves, in accordance with art. . 132 of the Consumer Code.

This guarantee must be enforced directly against Buste Design, if the latter acts as seller of the defective Products, and precisely in the case of sale of Products for which the relevant Contract provides for the delivery of the Product at home (at an address indicated by the Customer), at the carrier's warehouse, or at a point of sale Buste Design selected by the Customer in the Purchase Order; on the contrary, this guarantee must be asserted directly against the same Point of Sale, which, in this case, will act as seller of the defective Products.

Operating procedures to enforce the legal guarantee of conformity

At the point of sale. The Customer - equipped with the Product and the documentation proving the purchase - can go directly to the shop Buste Design and contact the personnel in charge, who will be available to provide all the necessary assistance in relation to the specific case.

The personnel of the aforementioned points of sale will take charge of the Product for which the Customer complains of a lack of conformity and will deliver the "repair card", a document which certifies that the Product has been taken in charge and contains all the indications and references regarding the procedure to be followed in order to benefit from the legal guarantee of conformity, if the conditions are met.

By phone or email. Alternatively, the Customer can contact the point of sale by telephone or send his request for assistance to the e-mail address info@santamariamonza.it.

The personnel in charge will provide the Customer with the necessary information regarding the conditions and procedures for the use of the legal guarantee of conformity.

Partecipazioni e Inviti.it, as appropriate, generally makes use of specialized technical assistance centers for repairs on the Products it sells or for assessing the conditions for their replacement under warranty, without prejudice to the responsibility of the subject who acts as seller of the defective Product, who will always remain directly responsible for the provision of the guarantee.

Buste Design, in order to provide a high-level and absolutely transparent after-sales assistance service, undertakes, on a voluntary basis, to have the defective Product repaired within 60 (sixty) days of the request for assistance under warranty.

Article 9. Returns and right of withdrawal

In the case of a Contract for the purchase of Products and Services concluded, pursuant to article 4.3, by a Consumer Customer, the latter will have the right to withdraw from the same Contract, pursuant to and for the purposes of article 64 et seq. of the Consumer Code, without any penalty and without specifying the reason.

The decision to exercise the right of withdrawal must be communicated by the Consumer Customer by sending a registered letter with acknowledgment of receipt within 10 (ten) Working Days of receipt of the Product by the Consumer Customer himself, to the following address:

Santamaria Snc

Via Vittorio Emanuele 19

20900 Monza Mb

The right of withdrawal will also be considered validly exercised if the Consumer Customer sends, within the aforementioned term, a communication of withdrawal via e-mail (info@santamariamonza.it), with confirmation by registered letter with acknowledgment of receipt within 48 ( forty-eight) following hours; the registered letter will be considered sent in good time if delivered to the accepting post office within the aforementioned 10 (ten) working days.

The notice of withdrawal must specify the intention to withdraw from the purchase (it is not necessary to specify the reasons) and the Product or Products for which you intend to exercise the right of withdrawal, attaching a copy of the documentation proving the purchase.

Received the registered letter of communication of withdrawal:

(a) the return authorization number will be sent to the Customer by e-mail. This number must be reported on the box of the Product to be returned;

(b) the Product must be packed – with the manuals, any accessories and everything originally contained – in the original cartons so as to protect it from damage (shipping and transport costs are charged to the Customer);

(c) the Product must be returned intact, within 10 Working Days of receipt, to the address indicated above or to the Store.

The right of withdrawal applies only to goods intact at the time of return, pursuant to the provisions of art. 67, paragraph 2 of the Consumer Code.

If, on the other hand, the methods, conditions and terms for exercising the right of withdrawal are not respected, as specified in this article, the Consumer Customer will not be entitled to a refund of the sums already paid. In this case, the Consumer Customer will be able to get back, at his expense, the Product in the state in which it was returned to Buste Design. If not, Buste Design may retain the returned Products, in addition to all sums already paid by the Consumer Customer for the relative purchase. Shipping and transport costs are charged to the customer.

For the sake of completeness, the Consumer Customer will not be able to exercise the right of withdrawal in question if one of the hypotheses of exclusion of the right of withdrawal provided for by art. 55 paragraph 2 of the Consumer Code.

Timing and methods of reimbursement following the exercise of the right of withdrawal

After returning the Product, Buste Design will carry out all the checks and inspections referred to in the previous paragraph. In the event that the checks are concluded positively, Buste Design will send the Consumer Customer, by e-mail, confirmation of acceptance of the returned Product and the crediting, within 30 (thirty) days from the date on which Buste Design has become aware of the exercise of the right of withdrawal by the Consumer Customer of the sums already paid by the latter for the purchase of the Product.

If there is no correspondence between the recipient of the Products indicated in the Purchase Order and the person who made the relative payment, in the event of exercise of the right of withdrawal by the Consumer Customer, the refund of the sums will be executed by Buste Design, in any case, to the person who made the relative payment.

If the Product was picked up at the point of sale Buste Design, must be returned directly to the same Point of Sale.

Exclusion of the right of withdrawal

Article 55. Exclusions.

1. The right of withdrawal provided for in articles 64 and following, as well as articles 52 and 53 and paragraph 1 of article 54 do not apply:

a) to contracts for the supply of foodstuffs, drinks or other household goods for current consumption supplied to the consumer's home, place of residence or place of work, by distributors who make frequent and regular rounds;

b) to contracts for the supply of services relating to accommodation, transport, catering, leisure, when, upon conclusion of the contract, the professional undertakes to provide such services on a specific date or in a pre-established period.

2. Unless otherwise agreed between the parties, the consumer cannot exercise the right of withdrawal provided for in articles 64 and following in the cases:

a) the supply of services whose execution has begun, with the consumer's agreement, before the expiry of the term established by article 64, paragraph 1;

b) the supply of goods or services whose price is linked to fluctuations in financial market rates that the professional is unable to control;

c) the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly;

d) the supply of audiovisual products or sealed computer software, opened by the consumer;

e) supply of newspapers, periodicals and magazines;

f) betting and lottery services. The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply with regard to Contracts concluded with Professional Clients.

Article 10. Responsibility

With the order, the Buyer assumes responsibility for compliance with the law and safety regulations relating to the use of the products purchased.

Therefore, any liability is excluded Buste Design for any and all direct or indirect damage caused to people or things by the improper use of the products supplied.

Santamaria snc in no case can be held responsible, even indirectly, for the failure or insufficient functioning of the products and/or consequent damages.

Article 11. Privacy

Information pursuant to the privacy law: Buste Design, pursuant to and for the effects of Legislative Decree 30 June 2003, n. 196, communicates to its customers that the personal data provided by them at the time of signing the purchase order and / or completing the invoice are excluded from the consent of the interested party as collected and held solely on the basis of the foreseen fiscal / tax obligations by the law, by the regulations and by the Community legislation and, in any case, for the sole purpose of allowing the exact fulfillment of the obligations deriving from the purchase contract of which the customer is an interested party and/or for the acquisition of the necessary contractual information always and exclusively activated at the request of the latter. In particular, Santamaria snc specifies that the personal data provided by its customers will not be used for the purposes of commercial information or the sending of advertising material or for the support of market research or interactive commercial communication, unless following the prior expression of the consent from the customer.

For further information: Legislative Decree 06/30/2003 n. 196

Article 12. Protection of Personal Data

The information prepared pursuant to art. 13 of Legislative Decree no. 196 of 30 June 2003 (so-called Personal Data Protection Code) is to be considered an integral part of this Agreement.

For information relating to the processing of personal data provided by the Customer when registering on the Site or, subsequently, also when accessing the reserved area of the Site, please refer to the Privacy Policy section which can be consulted on the Site in the constantly updated version.

Article 13. Intellectual Property

The intellectual property rights relating to the Site or the Content are and remain the exclusive property of Buste Design or its licensors.

It is expressly forbidden for the Customer to copy, modify, create works or works derived from or based on the Site, the Content or the software.

It is expressly forbidden for the Customer to download, copy, reproduce, duplicate or in any case use or disseminate any trademark, trade name, logo, ideogram, or other distinctive sign relating to Buste Design or its products. The art. 1 of the Italian copyright law n. 633 of 22 April 1941 (l.d.a.) protects intellectual works of a creative nature which belong to literature, music, the figurative arts, architecture, theater and cinematography, whatever the mode or form of expression. In addition, computer programs are protected by virtue of the Berne Convention (ratified and enforced with law no. 399 of 20 June 1978), as well as databases which - due to the choice or arrangement of the material - constitute an intellectual creation of the author.

The regulation offers protection to works of human ingenuity, provided that the character of "creativity" is present, i.e. a personal contribution from the author which -however small- allows the work to present a quid novo compared to the works pre-existing.

Article 14. Changes to the Site

Buste Design reserves the right to make, at any time, at its sole discretion, all the changes, additions and/or updates it deems necessary and/or simply appropriate to the Site, the contents, programs and/or other materials therein content and/or available through the Site itself (including these General Conditions).

For the sake of clarity, any modification and/or update made as above will not affect Contracts already signed with Clients prior to the implementation of such modification or update.

In the event that any provision of this Agreement is declared invalid, invalid or unenforceable, in whole or in part, by any competent court, supervisory authority or administrative authority, the remaining provisions of this Agreement will not be affected.

Article 15. Dispute Resolution

Any dispute or problem will be taken care of Buste Design to solve it as soon as possible and it will be the customer's concern to contact our telephone assistance on 039-2326765 or by email info@santamariamonza.it active from Tuesday to Saturday from 10 to 18.

Article 16. Jurisdiction and Competent Court

The Contract is governed by Italian law.

For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to navigation on the Site by the Customer or to the use of any functionality made available to the Customer through the Website, he will be competent in exclusive the Court of Monza, except for the compulsory court of the place of residence or elective domicile of the Customer who acts as a Consumer Customer, pursuant to the Consumer Code.

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