“GENERAL TERMS AND CONDITIONS”
- 1 Subject of the General Terms and Conditions
• BUSATTI MILANO S.R.L. with registered office at Via della Spiga 1 – 20121 Milan and VAT number / Fiscal Code 07428930965- Italy (hereafter, “BUSATTI MILANO S.R.L.”) operates in the jewellery industry and is owner of the website www.busattimilano.com (hereafter “The Website”) through which jewellery is sold.
• These General Terms and Conditions govern the contractual rights and obligations between BUSATTI MILANO S.R.L. and the online purchaser “hereafter, “Client” and “Contract”).
• The Client is urged to contact BUSATTI MILANO S.R.L. directly at the address shown in section 10 for information relating to questions or clarifications regarding the General Terms and Conditions.
2 Order submission and acceptance of the General Terms and Conditions.
• An order can be submitted, and therefore the Contract is entered into, in the following languages: Italian, English. The Client can select one or more items of jewellery shown on The Website by clicking on the related image or icon. By clicking, the Client may also choose the characteristics and technical specifications of the product that, due to the craftsmanship involved, can undergo a weight variance of XXXX with regard to that stated in the technical specifications published on The Website (hereafter the “Shape” and the “Characteristics”). Items of jewellery chosen are added, one by one, to the shopping bag (hereafter, the “Shopping Bag”). Once the Client has added all desired items to the Shopping Bag, he/she may click on the purchase icon beside one or more items of jewellery therein. By clicking, the Client agrees to order the jewellery within the Shopping Bag, along with the applicable Prices and Delivery Charges published on the Website (hereafter, the “Order”) and submits the Order to BUSATTI MILANO S.R.L. (hereafter, “Submission of the Order”) together with the information needed to complete the purchase and delivery that is requested at the time of submitting the Order (hereafter, “Communication of Data”).
• Prior to Submission of the Order, the Client must click to accept these General Terms and Conditions, available on the Website to be saved and printed by the Client. Failure to accept the General Terms and Conditions will result in Submission of the Order being declined. The Client will subsequently be required to pay for the Price and the Delivery Charges via the online payment system as per section 4 below (hereafter, the “Payment”).
• Following Submission of the Order and Payment, BUSATTI MILANO S.R.L. will send the Client an e-mail that shall also include the expected delivery date of the Order. This communication constitutes BUSATTI MILANO S.R.L.’s acceptance of the Order and a Terms of Sale agreement is entered into with Spiga Uno (hereafter, “ Order Submission” and “Order Submitted”).
• In the event the Client provides incorrect information in the Data Communication, he shall provide the correct information to BUSATTI MILANO S.R.L. via e-mail to the address shown in section 10 within 48 (forty-eight) hours of receipt of the Order Submission notification.
• The Client is fully responsible for the information provided in the Data Communication and BUSATTI MILANO S.R.L. does not check the correct nature of the aforementioned data. In the event of incorrect information having been provided by the Client or mistyping, BUSATTI MILANO S.R.L. is not liable for failed delivery of the items of the Order Submitted.
• BUSATTI MILANO S.R.L. reserves the right to refuse future Orders – and to cancel Orders already submitted even automatically through the Website – received from Clients that have not paid the Price in full and the Delivery Charges of previous Orders Submitted.
• Each item of Jewellery is sold according to the Shape and Characteristics and the sale price published on the Website at the time of the Order (hereafter, “Price”.)
• The Price is displayed in Euros and is the final amount including VAT (as foreseen by Italian law) and any other tax.
• BUSATTI MILANO S.R.L. reserves the right to make changes to the Price at any time. Nevertheless, any change made to Prices is not applicable to Orders that have already been paid by the Client.
• The Price and Delivery Charges are paid online by submitting an Order via a secure payment system (hereafter, “Payment”).
• The Payment is handled by BUSATTI MILANO S.R.L. that safeguards and encrypts all information provided by the Client at the moment of the Payment.
• In the event a Payment is declined by the Bank, the order will be automatically rejected.
5 Delivery and Delivery Charges
• Jewellery is delivered to the Client within 30 (thirty) working days to the address provided by the Client (hereafter, “Delivery”). Delivery times are approximate and BUSATTI MILANO S.R.L. cannot, therefore, be held responsible for exceeding the time frame provided on the Web Site or in communications sent by BUSATTI MILANO S.R.L. at the time of Order Submission or in the General Terms and Conditions, save for wilful conduct or gross negligence.
• BUSATTI MILANO S.R.L. delivers to Italy and Abroad. Delivery outside of the countries is subject to written acceptance and confirmation by BUSATTI MILANO S.R.L. La Consegna del Gioiello viene eseguita da parte di BUSATTI MILANO S.R.L. nei seguenti paesi: Italia e Estero. La consegna in paesi diversi dai Paesi, avviene solo a seguito di accettazione e conferma espressa da parte di BUSATTI MILANO S.R.L. per iscritto.
• If the Client, or an authorised third-party, is unavailable to accept the Delivery, BUSATTI MILANO S.R.L. shall not be held responsible for deterioration to the Delivery documents caused by inadequate preservation by the courier assigned for the Delivery.
• The Delivery Charges are shown separately on the Website. They shall be pre-paid by the Client in addition to the Price.
• For deliveries outside of the European Union, customs duties may be applicable and are exclusively and entirely the responsibility of the Client.
7 Intellectual Property Rights
• All content published on the Website (all images, text, designs etc., hereinafter collectively referred to as the “Website Content”) is owned by BUSATTI MILANO S.R.L. or licensed to us by third parties. Copy and/or reproduction of the Website Content or a part therein, including for the creation of works deriving thereof is prohibited, without written permission from BUSATTI MILANO S.R.L.
8 Infringement of Intellectual Property Rights of Spiga Uno’s jewellery
• The Client is forbidden from reproducing, copying, selling, re-selling and, in general, any activity deemed an infringement of the intellectual property rights of Spiga Uno’s jewellery.
9 Client’s Right to Cancel
• The Client has the right to cancel the Contract without obligation to specify a reason and without penalty within 10 (ten) working days from the Delivery date.
• The right to cancel must be exercised by the Client by means of registered letter with acknowledgement of receipt sent to BUSATTI MILANO S.R.L.’s registered office before the end of the aforementioned term. Notification can also be sent, subject to the same term, by telegram, PEC or fax, on the condition that within the subsequent 48 (forty-eight) hours a registered letter with acknowledgement of receipt follows; a registered letter received by the Post Office within the aforementioned time frame will be considered valid.
• The Client shall return all items of jewellery for which he exercises his right to cancel to BUSATTI MILANO S.R.L. within 15 (fifteen) working days of the Delivery date. With regard to the stated deadline, jewellery will be considered returned once submitted to the Post Office or courier.
• In the event of cancellation, BUSATTI MILANO S.R.L. shall refund the Price and Delivery Charges to the Client within 30 (thirty) days from the date on which it received notification of the Client having exercised his right to cancel. Charges for returning delivery documents are nevertheless the responsibility of the Client.
• BUSATTI MILANO S.R.L. will only accept return of items of jewellery that have not been damaged or altered. The Price and the Delivery Charges related to jewellery returned damaged or subjected to the Client’s use will not be reimbursed.
All notices, requests, questions, consents, approvals, authorisations or other communications required in accordance with the General Terms and Conditions must be sent by the Client to the following address:
BUSATTI MILANO S.R.L. with registered office at Via della Spiga 1 – 20121 Milan and VAT number / Fiscal Code 07428930965- Italy; E-mail: firstname.lastname@example.org – PEC email@example.com
11 Who can purchase from us?
• To enter into a Contract via the Website you must be over 18.
12 Personal information and Data Protection
• In accordance with section 13 of Legislative Decree no. 196/2003 and subsequent amendments thereto, BUSATTI MILANO S.R.L. informs the Client that personal information provided by the latter (hereafter “Personal Information”) shall be used for purposes connected to the online sale of jewellery. Personal Information will be handled using electronic tools.
• The Client must provide Personal Information for the purposes of Order Submission, Payment and Delivery. Refusal to provide Personal Information could result in partial or non-validity of the Contract.
• Personal Information will not be disclosed to third parties save for BUSATTI MILANO S.R.L., the Banking institution used to submit Payment and the courier assigned Delivery of the Order. Notwithstanding this, Personal Information may be provided to third parties where required by law.
• The data controller and data processor is BUSATTI MILANO S.R.L., in the person of Simone Delpino, Head of Services.
• The Client can exercise his rights towards the data controller, in accordance with Section 7 of Legislative Decree 196/2003 and subsequent amendments thereto. The Client can therefore contact BUSATTI MILANO S.R.L. to obtain confirmation of the existence of his Personal Information, even if he is not yet registered, and can request an intelligible copy of such information; indication of a) the origin of the Personal Information, b) the purposes and terms of data processing, c) the method applied in the event of the use of electronic tools, d) the name of the data controller, handlers, e) the persons or category of persons to whom the Personal Information may be disclosed or who can gain access to the data as assigned regional representatives, managers or appointed officers.
• The Client has the right to obtain:
• Update, correction or, if he wishes, amendment of the Personal Information provided;
• Cancellation, anonymous modification or blocking of Personal Information handled illegally, including information whose preservation is not required for the purposes for which it was collected or subsequently processed;
• certification stating that the operations stated in letters a) and b) have been communicated, including their content, to whomever the Personal Information has been disclosed, except in the event that this fulfilment is impossible or that it requires the use of manifestly disproportionate resources compared to the protected right;
• The Client has the right to oppose, fully or in part:
• For legitimate reasons related to the handling of his Personal Information provided that they are pertinent to the purpose of its collection;
• To the handling of his Personal Information for the purpose of sending publicity or sales material or for carrying out market research or commercial communications.
13 Amendments to the Website and the General Terms and Conditions
• BUSATTI MILANO S.R.L. reserves the right to change the Website Content and these General Terms and Conditions at any time, without notifying the Client.
• The version of the General Terms and Conditions published on the Website at the time of Order Submission by the Client shall be applicable to the relationship between BUSATTI MILANO S.R.L. and the Client.
14 Unforeseeable Circumstances and Force Majeure
• BUSATTI MILANO S.R.L. shall not be held liable for delays or non-fulfilment of obligations foreseen by the General Terms and Conditions if caused by unforeseen circumstances or force majeure.
15 Governing Law and Jurisdiction
• These General Terms and Conditions are governed and regulated by Italian Law. Application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is expressly excluded.
• Resolution of any dispute arising from interpretation, termination and execution of the Contract, if the Client is a consumer the indisputable regional jurisdiction is that of the residence or domicile of the consumer, if in Italy; for all other cases, the Court of Milan (Italy) will have exclusive jurisdiction.