Conditions of sale
Article 1. General
These General Terms and Conditions of Sale Buste Design apply to all orders, sales and deliveries of products that the Company produces and/or markets. General conditions apply to both individuals and companies or associations All orders assume full and unreserved acceptance of these general terms of sale. The general conditions of purchase of the customer are irrelevant to the interpretation and application of this contract.
Article 2. Preventive, Orders
The only estimates submitted in writing and during the period indicated in the estimate are valid by law. In the event of no mention of the duration of the quote, the validity shall be determined in 30 days from the time of issue. After this period, the estimate shall be without effect, unless accepted by the Buste Design.
Orders can be made and are validly received by Buste Design to the addresses specified by the same, through the E-commerce website. The contract shall be concluded only after 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 verify the order confirmation and immediately communicate any error, omission or difformity regarding 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 made by the customer, or by an attorney or other authorised person acting in his name or on behalf of the customer, will produce their legal effects.
Buste Design reserves the right to cancel the order and issue any refund in the event of lack of the goods and or availability of the same in the maximum time of 7 days or in the case of non-payment.
Article 3. Subject
The Contract contains the terms and conditions governing:
the sale of Products and the provision 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 features made available to the Customer through the Site.
Any purchase of Products or Services made by (A) a Customer, acting as a Consumer Customer, will be regulated, as well as by the Contract, also by the provisions of the Consumer Code and the D.Lgs. n. 70/2003, as applicable; e (B) a Customer, acting as a Professional Customer, will be governed exclusively by this Agreement, as well as by the civil code forecasts, as provided herein
Article 4. Registration on the site and Acceptance of contract conditions
The Customer who intends to act as a Registered Customer shall complete the registration process to the Site by providing the information and personal data required and indicate an e-mail address to login and a “password”, as required in the appropriate section of the Site. Buste Design will send a confirmation email to the email address provided by the Registered Customer during the registration process.
The Registered Customer is required to read these General Conditions carefully and, in general, the terms and conditions of the Contract that may be displayed and printed during the registration process also through access to pop-ups or hyperlinks; the Customer is required to accept these terms and conditions by clicking in the appropriate box marked by the word “I accept the terms and conditions of use”.
Customer expressly authorizes Buste Design to send to your e-mail address, also through specific links to the relevant pages of the Website, this Agreement, including the relevant General Conditions, any particular conditions, and all notices relating to the execution of this Agreement. The Customer acknowledges that this Agreement, including the relevant General Conditions, any particular conditions and any changes to this Agreement, may be printed on paper or downloaded by the Customer.
Article 5. Product characteristics
Prices
The prices of the Products posted on the Website include VAT while not including any charges for Services that are required by the Customer.
The purchases of the Products, as illustrated and described on the Online Site in the relevant technical data sheets, as well as 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, however, be displayed on the Website and within the Order of Purchase.
Without prejudice to all the preceding, Buste Design reserves the right to change at any time, at its sole discretion and without notice, the price of the Products and Services from time to time present on the Site, without therefore providing any guarantee that the sale price of the Products or Services remains available on the Site or unchanged for a certain period of time. On the contrary and for clarity, any price that has been agreed following acceptance by the Buste Design of a Purchase Order issued by a Customer, will remain firm and unmistakable among the parties.
Product description and description
The images and photos used in connection with each descriptive tab of the Products are merely indicative and may not be perfectly representative of the characteristics of the Product itself, being able to differ by color, size or accessories not present in the image and in the photos used in kit.
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 forward online orders constantly changes the availability of 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, giving it notice to the Customer pursuant to the previous article
To understand the availability status of products:
Product available: All products that bring together the numerical deposit at the warehouse, therefore for example 5 or 12, are ready and available to be shipped after the actual receipt of the payment and order with the delivery times provided.
Product available on request: All the products that report next to the word available on request means that the material is: a. returned to warehouse and must still be checked, labeled and loaded to warehouse so it is still not visible as a case b. material we have in order and the company is sending us to our warehouses In both cases the waiting time for the shipment will be according to the reception of the goods by our warehouse with maximum timing of 12 days, in the case of longer timeframes will be ready of our service staff contact the customer to inform him of the prolonged wait or of a possible change of goods.
Product not available: All the products that report this wording are not at the moment orderable.
- ATTENTION - All customized products will be taken into account only after payment and proof of draft.
Article 6. Payment Terms and Forms
Accepted forms of payment are:
Ordinary Bank Transfer:(the goods will leave only after checking the payment in the bank)
Once the payment is made, you must send us by e-mail to the e-mail address " info@santamariamonza.it " the ends of the payment.
The following is the data for payment:
For those who buy from Italy and abroad:
Santamaria snc
Bank
Iban IT36J0326820400052852225070
Swift (for overseas) SELBIT2BXXX
PayPal is a secure online payment method. Not only does it safeguard your personal data, but it offers you extensive protection against unauthorized payments financed with your account. For each transaction with your PayPal account you will receive a confirmation email. If you receive confirmation of a payment that you have not authorized, PayPal Customer Care will help you solve the problem at any time. You can make a payment using your PayPal account or, if you do not have a PayPal account, you can safely and safely pay via PayPal with your credit card.
Failure to pay full of the invoice on the expiry date will entail, without the need for notice and payment of the debtor, the allocation in favor of Santamaria snc of the compensation deriving from non-performance and the flat interest determined according to the percentage sum resulting from the legal rate determined according to the current legislation (and in particular to the senses and effects of the D.lgs. no 231/2002) compared to the price included. This clause shall not affect the immediate exciseability of credit.
Article 7. Time and Forms of Delivery of goods In general
Buste Design delivery of the Products worldwide.
Products purchased will be delivered from Buste Design:
– to the address indicated by the Customer in the Purchase Order;
– at the warehouse of the carrier selected by the Customer in the Order of Purchase.
Delivery and storage times
Non-customized Products will be delivered by Buste Design at home (i.e. made available at the point of sale or at the warehouse of the carrier selected by the Customer in the Order of Purchase) within an indicative and non-binding period of 7 (seven) Working days from sending by the customer Buste Design the acceptance email of the Order of Purchase.
In the event that the Products are not delivered after 7 (seven) Working days from the sending of the acceptance e-mail of the Purchase Order by Santamaria snc, the Customer may send an email to Info@santamariamonza.it with the object “delivery” and indicating the order number and any notes.
After receiving such e-mail and after carrying out the appropriate checks, Buste Design the Customer will contact the Customer within 2 (two) Working Days, giving feedback to the Customer's request for information.
In case of purchase of more Products of different type, Buste Design reserves the right to deliver the individual Products with different times and deliveries. Such a choice Buste Design no charge will be incurred for the Customer.
The Customer is required to verify, at the time of receipt of the Products ordered: (a) if the number of packages in delivery corresponds to that indicated on the transport document, (b) if the packaging is intact, and (c) if the Product delivered to it is in accordance with the Purchase Order made.
The Customer will have to subscribe to the delivery note indicating '' with control over the integrity of the products'; if this does not happen, the Customer may not contest, subsequently, the external non-compliance of the Product and its quantity regarding the order.
In case of withdrawal of the Product directly in the store, Buste Design will notify the Customer by e-mail of the date from which the Product may be withdrawn. The product will remain in storage at the point of sale Buste Design for 10 (ten) Working days from the date on which the Product is available as above. After this last term, Buste Design shall have the right to declare the relevant Agreement resolved and ineffective, sending to the Customer an e-mail to that end, and, in that case, Buste Design will have the right to re-sale the Product.
Home delivery
In case of delivery at home, the Customer may 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
Products purchased on the Site may be withdrawn from the Customer at the point of sale.
I Products will be made available at the point of sale within an indicative and non-binding period of 10 (ten) Working days from sending by Buste Design the acceptance email of the Order of Purchase.
Invoice
The invoice for purchases of Products (and related Services), delivered at home will be inserted inside the parcel and/or can be downloaded from the Registered Customer directly online in the Customer's card.
The Registered Customer will be able to download the invoice by entering the order number and e-mail in the appropriate section.
With regard to, instead, the Products withdrawn 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 invoice will be possible after the issue.
For orders subject to multiple Products, separate invoices may be issued according to shipments actually made.
Shipping costs
At the price of the Product purchased by the Customer for which delivery is required at home or withdrawal at a warehouse of the carrier, an amount must be added for shipping costs. This amount is automatically calculated by the system Buste Design, having regard, among others, to the weight and size of the Products, but without distinctions related to the place of delivery in the Italian territory and in some cases and/or periods may not be present or linked to expense thresholds. This amount will be indicated in the Purchase Order before the Customer is sent.
In case of withdrawal at the point of sale Buste Design, no transport charges will be added.
Article 8. Warranty of products
All Products purchased through Buste Design have the legal guarantee of compliance under the Consumer Code and the Civil Code as applicable.
Customer Professional
For each Product purchased by a Professional Customer, the latter will benefit from the warranty for vices of the sold item referred to in Article 1490 and s. c.c.; the action of the Professional Customer to assert the warranty for defects is prescribed in paragraph 1 (one) year from the delivery of the purchased Product and its defects must be denounced in the terms referred to in Article 1495 c.c.
Customer Consumer
For each Product purchased by a Consumer Customer, the latter will benefit from the legal guarantee of conformity provided for in Articles 128 and s. of the Consumer Code.
The legal guarantee borne by the seller applies to the defects of conformity which manifest within 24 months of the date of delivery of the Product and which are denounced by the consumer within 2 months of the date of discovery of the defects themselves, in accordance with Article 132 of the Consumer Code.
This guarantee must be made directly against Buste Design, where the latter acts as a seller of 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 (with an address indicated by the Customer), to the warehouse of the carrier, or to a Point Sale Buste Design selected by the Customer in the Purchase Order; on the contrary, that guarantee must be made directly against the same point of sale, which, in that case, will act as a seller of the defective products.
Operational methods to enforce legal compliance guarantee
At the store. The Customer – equipped with the Product and documentation that proves its purchase – can go directly to the store Buste Design and contact the staff, who will be available to provide all necessary assistance in relation to the case of species.
The personnel of the aforementioned points of sale will take into charge the Product of which the Customer complains of a lack of conformity and will give it the "repair card", document that attests the taking into account the Product and contains all the indications and references about the procedure to be followed in order to enjoy, subsistence of the alleged, the legal guarantee of conformity.
Telephone or e-mail. Alternatively, the Customer may contact the point of sale by phone or send their request for assistance to the e-mail address info@santamariamonza.it.
The staff will provide the Customer with the necessary information regarding the conditions and procedures for the use of the legal guarantee of conformity.
Participation and Inviti.it, as appropriate, makes use, generally, for repairs on the Products sold by it or for the assessment of the conditions for their replacement as a guarantee, of specialized technical assistance centers, without prejudice to the responsibility of the person acting as a seller of the defective Product, which will always remain directly responsible for the performance of the warranty.
Buste Design, in order to make a post-sales service of high level and absolutely transparent, it undertakes, on a voluntary basis, to perform the repair of the defective product within 60 (sixty) days from the request of assistance in guarantee.
Article 9. Response and right of Recesso
In the case of Contract for the purchase of Products and Services concluded, pursuant to article 4.3, by a Consumer Customer, the latter shall have the right to withdraw from the Contract itself, pursuant to and for the effects referred to in Article 64 and s. of the Consumer Code, without any penalty and without specifying the reason.
The decision to avail of the right of withdrawal must be communicated by the Consumer Customer, sending a registered letter with notice of receipt within 10 (ten) Working days from receipt of the Product by the Consumer Customer, to the following address:
Santamaria Snc
Via Vittorio Emanuele 19
20900 Monza Mb
The right of withdrawal shall be validly exercised, even if, within the above-mentioned period, the Customer sends notice of withdrawal by e-mail (info@santamariamonza.it), with confirmation by registered letter with notice of receipt within 48 (forty-eight hours); the recommended will be sent in good time if delivered to the accepted post office within 10 (ten) working days.
The notice of withdrawal must specify the will to withdraw from the purchase (you do not need to specify the reasons) and the Product or Products for which you intend to exercise the right of withdrawal, attaching copy of the documentation proving the purchase.
Receiving the recommended letter of withdrawal communication:
(a) will be sent by e-mail to the Customer the authorization number to return. This number must be reported on the product box that must be returned;
(b) the Product must be packed – with manuals, any accessories and everything originally contained – in the original cartons so as to safeguard it from possible damage (the shipping and transport costs are placed at the expense of the Customer);
(c) the product must be returned intact, within 10 working days from receipt, to the address indicated above or at the point of sale.
The right of withdrawal applies exclusively to all goods at the time of return, pursuant to the provisions of Article 67(2) of the Consumer Code.
If, on the other hand, the terms and conditions for the exercise of the right of withdrawal are not respected, as specified in this article, the Consumer Client shall not be entitled to the refund of the sums already paid . In this case, the Consumer Customer may, at his own expense, obtain the Product in the state in which it was returned to Buste Design. Otherwise, Buste Design may retain the returned Products, in addition to all the sums already paid by the Consumer for the relative purchase. Shipping and transport costs are charged to the Customer.
For completeness, the Consumer shall not exercise the right of withdrawal in question if one of the hypotheses of exclusion of the right of withdrawal provided for in Article 55 paragraph 2 of the Consumer Code.
Time and method of reimbursement following exercise of the right of withdrawal
After returning the Product, Buste Design it shall carry out all checks and checks referred to in the preceding paragraph. In the event of a positive conclusion, Buste Design will send to the Consumer Customer, by e-mail, confirmation of the acceptance of the returned Product and the reaccreditation, 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 of the sums already paid by the Customer for the purchase of the Product.
If there is no correspondence between the recipient of the Products indicated in the Purchase Order and who has made the relative payment, in case of exercise of the right of withdrawal by the Consumer Customer, the refund of the sums will be performed by Buste Design, in any case, to the person who made the relative payment.
If the Product has been withdrawn 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. Exclusion.
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 shall not apply:
(a) contracts for the supply of foodstuffs, beverages or other goods for domestic use provided at the address of the consumer, at his place of residence or at his place of work, by distributors carrying out frequent and regular turns;
(b) contracts for the provision of services relating to accommodation, transport, catering, leisure time, when, at the conclusion of the contract, the professional undertakes to provide such services at a given date or in a predetermined period.
2. Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in Articles 64 and following in cases:
a) the provision of services whose execution has begun, with the consumer agreement, before the expiry of the period provided for in article 64(1);
b) supply of goods or services whose price is linked to fluctuations in the financial market rates that the professional is not able to control;
c) the supply of goods made to measure or clearly customized or that, by their nature, cannot be sent back or risk to deteriorate or alter quickly;
d) supply of audiovisual products or computer software sealed, open by the consumer;
e) supply of newspapers, magazines 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 Customers.
Article 10. Liability
The Buyer with the order assumes the responsibility for compliance with the laws and safety regulations relating to the use of the purchased products.
Any liability shall be excluded Buste Design for any direct or indirect damage caused to persons or things by improper use of the products provided.
Santamaria snc in no event can be held responsible, even indirectly, for the failure or insufficient operation of the products and/or the resulting damage.
Article 11. Privacy
Privacy Policy: Buste Design, in the senses and effects of D.Lgs. 30 june 2003, n. 196, informs its customers that the personal data provided by them when signing the purchase order and/or filling of the invoice are excluded from the consent of the data subject as collected and held solely on the basis of the tax/tributory obligations provided by law, regulations and community law and, in any case, to allow the exact fulfilment of the obligations deriving from the purchase contract of which the party concerned is solely active. In particular, Santamaria snc points out that the personal data provided by its customers will not be used for commercial information or sending advertising material or for the compliment of market research or interactive commercial communication, if not following the prior expression of consent by the Customer.
For more information: Legislative Decree 30/06/2003 n. 196
Article 12. Protection of personal data
The information provided 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 concerning the processing of personal data provided by the Customer at the time of registration on the Site or, subsequently, even when accessing the reserved area of the Site, please refer to the Privacy Policy section available on the Site in the constantly updated version.
Article 13. Intellectual property
Intellectual property rights related to the Site or Content are and remain in the exclusive property of Buste Design or his licensors.
It is expressly forbidden to the Customer to copy, edit, create works or works derived from or based on the Site, Content or Software.
It is expressly forbidden to the Customer to download, copy, reproduce, duplicate or otherwise use or disseminate any trademark, trade name, logo, ideogram, or other distinctive sign related to Buste Design or its products. Article 1 of the Italian Copyright Law no. 633 of 22 April 1941 (l.d.a.) protects the works of creative ingenuity that belong to literature, music, figurative arts, architecture, theatre and cinematography, whatever the way or form of expression. In addition, computer programs are protected under the Berne Convention (ratified and enforced by law of 20 June 1978, n. 399), as well as data banks that -for the choice or provision of the material - constitute an intellectual creation of the author.
The norm offers protection to the works of human ingenuity, provided that the character of "creativity" is present, that is to say a personal contribution of the author who – however small – allows the work to present a quid novi regarding the existing works.
Article 14. Changes to the Site
Buste Design reserves the right to make, at any time, at its sole discretion, any changes, integrations and/or updates that will feel necessary and/or, simply, appropriate to the Site, content, programs and/or other materials contained therein and/or available through the Site itself (including these General Conditions).
For clarity, any modification and/or update carried out as above will not affect the Contracts already signed with Customers before the implementation of such modification or update.
In the event that the nullity, invalidity or ineffectiveness, in whole or in part, of a provision of this Agreement by any competent court, supervisory authority or administrative authority, the remaining provisions of this Agreement shall not be affected.
Article 15. Controversity resolution
Any dispute or problem will be premature Buste Design to resolve it as soon as possible and you will be prepared to contact our telephone assistance at +39-2326765 or by email info@santamariamonza.it active from tuesday to saturday from 10 am to 18 pm.
Article 16. Jurisdiction and Competent Forum
The Contract is governed by Italian law.
For any dispute concerning the validity, effectiveness, interpretation or execution of each Contract and, in general, concerning the navigation on the Site by the Customer or the use of any functionality made available to the Customer through the Site, the Monza Forum will be competent exclusively, unless the mandatory forum of the place of residence or elective domicile of the Customer acting as a Consumer Customer, pursuant to the Consumer Code.