General Terms and Conditions of Sale and Use of the Website
Effective from 3 July 2017
This website www.shop.boitedor.com (hereinafter referred to as the "Website") is owned by Boite d'Or gioielli spa , with registered office in Via Legnano 26, 10128 Torino (TO), tax code and VAT no. 00557020047, registered in the companies register of TORINO under Economic and Administrative Index No. TO-1093153 (hereinafter referred to as the "Company"), and is dedicated to the retail sale of food and beverages via the Internet (hereinafter referred to as "Products"). The Website is designed, created and managed directly by Boite d'Or gioielli spa and allows Users to:
· view the Products available for purchase through the Website
· utilize a product home delivery service
· pay the amount due to the Company when purchasing their selected Products.
In the context of its policy of fairness and transparency, the Company invites each user of the website (hereinafter referred to as "user"), before executing any transaction on the website, to carefully read these general terms and conditions that govern the services offered through the website (hereinafter "General Terms and Conditions"), the "assistance" section, any additional conditions listed in the various sections of the website, the special conditions governing the use of individual services, including any document referred to or any other notice, legal notice, information or disclaimer published on the website which is to be considered an integral and substantial part of these general terms and conditions. If the user does not intend to accept these General Terms and Conditions and/or any other notice, legal notice, information or disclaimer published on the website or referred to herein, he/she cannot access the Website or its services.
1. TERMS AND CONDITIONS OF USING THE WEBSITE
This document defines and governs the general terms and conditions of use of the Website and Services provided through it to the User by Boite d'Or gioielli spa , as identified above. Every User who makes a purchase on the Website is required to print or save an electronic copy of these Terms and Conditions. The use of the Website by each User is subject to these General Terms and Conditions, even if the User does not use any of the Services or features available on it.
In these General Conditions, in addition to the terms defined elsewhere, the terms listed below will have the meaning assigned to each of them. In particular:
· Website - means the website accessible at www.shop.boitedor.com, but also all internet addresses (e.g. URLs, domain names and pages) and/or their application software for the use of the Services that the Company controls or manages and are used to provide the Services as well as any duplicates, replacements and backups, and any web pages that the websites include.
· Company - means Boite d'Or gioielli spa, as identified above.
· Service(s) - means individually or collectively any service and all associated functions offered on the Website that are free of charge or paid and are offered directly by the Company or by third parties with the Company's approval. The term Services includes, in the absence of specifications, all services, including payment, and the features made available to Users through the Website.
· User - means Visitor or Registered User, Occasional User or Subscriber, and in general anyone who uses or accesses the Services or the Website.
· Visitor User - means a User who browses the Website and/or uses the features and/or services made available to general Users without registering on the Website or subscribing to any Service.
· Registered User - means a User who joins the Website by providing his/her personal data to gain access to the use of the Product Delivery Service.
· Occasional User - means the Registered User who activates Occasional Service under the following conditions.
· Subscriber - means the registered User who activates the Subscription Service under the following conditions.
· Products - Products sold by the Company to Users through the Website.
· Transporter - a freight company or freelance professional responsible for transporting the Products from the Manufacturer to the User.
1.1 PRE-CONTRACTUAL INFORMATION
In accordance with Italian Legislative Decree No. 70 of 9 April 2003 on electronic commerce, Boite d'Or gioielli spa states that:
· In order to conclude the purchase agreement of one or more Services on the Website, the User will be required to fill in an order form electronically and forward it to Boite d'Or gioielli spa via email according to the instructions given on the Website and which will be present during the different stages of shopping
· The contract will be considered concluded after Boite d'Or gioielli spa has checked the correctness of the order’s data and registered the order form compiled by the User, and as soon as the User has received the order confirmation at the email address provided during Registration
· The User will be able to identify and correct any data input errors before proceeding with the submission of the Order Form by following the instructions displayed on the Website from time to time and which will be present during the different purchasing stages. After accepting the order, Boite d'Or gioielli spa will be required to send a confirmation to the email address indicated by the User containing the summary of the Service purchased, a precise indication of the price, the method of payment chosen, the shipping costs and any additional costs, as well as the methods for exercising their right of withdrawal
· The order form will be stored in the Boite d'Or gioielli spa database as required by the statutory terms for the time stipulated for the order to be withdrawn.
2. CHANGES IN GENERAL TERMS AND CONDITIONS OF SALE AND WEBSITE USE
3. AGE AND RESIDENCE
The Website and Services offered through it are only intended for Users who are 18 (eighteen) years of age or older. The Service is automatically provided by computerised systems. The User intending to register or subscribe to the Services by registering and subsequently selecting the Services must explicitly confirm that he/she is of legal age and that the personal data provided by him/her is true, correct and up-to-date and belongs to the person who is entering the same, or the data is being entered with the informed consent of the concerned person, assuming all responsibility for the correctness and truthfulness of the information provided. If there are any changes in the data provided by the Users, it will be the responsibility of the latter to inform the Company of the updated data as soon as possible.
4. REGISTRATION ON THE WEBSITE. ACTIVATION OF SERVICES
Browsing certain sections of the Website and using certain Services (by way of example: receiving newsletters and consulting on periodic product sales) offered through the Website can also be carried out by Visitors/Users free of charge. To fully and completely take advantage the Services offered by the Website, registration is required on the Website itself.
In order to utilize the Services for purchasing Products, the User must register by providing some personal information (hereinafter "Registration"), indicating a valid email address and creating their own account (hereinafter "Profile"), following the relevant procedure from time to time upon registration, thereby enabling the Company to have a sufficient purchasing profile for providing the aforementioned Services. Access to the Services for purchasing Products is only permitted through the use of a using username and password selected at the time of Registration. The Registered User may at any time access their Profile to update or modify the data entered, including information about their preferences. It is understood that the Registered User will be solely responsible for verifying and updating this information. In the event that the Registered User does not complete the payment process after providing their email address and/or other data required for Registration, the User may receive a limited number of communications that will invite them to complete the registration process and describe the Service for which the registration procedure has been initiated, without prejudice to the User's right to withdraw from the contract and cancel their Website Registration by writing to firstname.lastname@example.org with the subject "Cancellation Request".
The Registered User undertakes to provide a personal email address which he/she can legally and regularly access. The Registered User also undertakes to promptly update the registered email address in their Account in case of any changes. Boite d'Or gioielli spa reserves the right to cancel accounts as long as it has reason to believe that the email addresses provided are not valid or are potentially fraudulent.
At any time, Users can cancel their Profile by accessing the "Profile" section of the Website and clicking on "Account" and then clicking on "Delete Account".
5. PROCEDURE FOR PURCHASING PRODUCTS
Occasional Service: The Registered User can make individual purchases by selecting the Products they intend to receive from time to time. To complete the order, the Occasional User will have to confirm their shipping information and eventual billing address in the "Addresses" section, pick the delivery date and pay via one of the available methods. The total amount will be charged as a single expense will after Boite d'Or gioielli spa has accepted the purchase order.
By activating the Occasional Service, the User:
a) Guarantees the availability of the amount required for the payment of the Products ordered through the Occasional Service
b) Expressly authorises the Company or any third party authorised by it to retain a credit card identifier on its systems in order to allow the Occasional User to repurchase the Services in an easy manner
c) Expressly authorises the Company to provide the receipt or invoice (if the purchase has been made by a User with a VAT No.) of the Occasional Service in the User’s personal profile ("Historical Invoices" section), where they can download the electronic document.
6. ORDER ACCEPTANCE AND CONFIRMATION
The order sent by the User will be binding for the Company only if the entire order process has been duly completed and the Website has not generated any error messages.
Upon receipt of the order, the Registered User will receive confirmation by email and will be able to see the following in their “Profile” section: the order sent and confirmed with the summary of the Products ordered, their prices and the delivery date. In order to guarantee the maximum freshness associated with the seasonal nature of the Products and production variations dependent on weather conditions (drought, heavy rainfall, snowfall, frost), the User acknowledges and agrees that all Products listed in the order sent and accepted by the Company could also not be delivered occasionally. In such a case, the Company will promptly refund the amounts relative to the Products ordered and not delivered. However, in any case, the right of withdrawal by the Customer must be exercised in the forms and terms set forth in the following Article 12. If the User requests an invoice for each order, Boite d'Or gioielli spa will issue a special electronic invoice for the Products purchased, which will be sent to the Registered User by email (according to and for the effects of Article 14 of Italian Presidential Decree 445/00 and Italian Legislative Decree 52/2004).
7. OBLIGATIONS OF THE USER
You agree to not use the Website or its relative Services for any purpose that is unlawful or not covered by these Terms and Conditions. You may not use the Website or relative Services to impair or otherwise affect the Website or interfere with other Users’ use of the Website’s relative Services.
The Registered User is required to retain their access credentials to their Private Account and is responsible for any use of the Website that is made by anyone who accesses it using their credentials. The Registered User agrees in any case to:
(i) Not use machines, algorithms, software or other automated functions to generate pages or recall materials,
(ii) Not generate page references by means of "chain letters", emails or other means through which a person or group of people are invited to visit a page
(iii) Notify the Company immediately if there is any suspected violation of the security of their Account.
8. DISABLING AND CANCELLING THE SERVICE
If the Registered User wishes to delete their profile, they must access their Account ("My Profile" section of the Website) and select the "Cancel Service Registration" option by following the procedure shown.
9. TERMINATION. CESSATION OF SERVICES
The Company reserves the right to notify the User of any prohibited access to and use of the Website and Services or any part thereof at any time and with immediate effect in the event of a breach by the User of its obligations under the previous Articles 5 (Procedure for Purchasing Products) and 8 (Obligations of the User). Access to the Website may also be temporarily interrupted in the event of technical problems or maintenance. Such interruptions will be notified in advance, if possible, on the Website. At any time, the Company may make improvements and/or changes to the Website and Services if this is necessary for technical reasons or in order to comply with applicable law. The Company also reserves the right to terminate, in whole or in part, the provision of the Services at any time and with reasonable notice in order to allow Users to receive their standing orders. In such cases, the Company will promptly notify Registered Users via email and general Users via a notice on the Website.
10. INTELLECTUAL PROPERTY
All trademarks, names, as well as any distinctive sign, designation, image, photograph, text or graphic text used on the Website or related Products may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of the Owner.
11. LIMITATIONS OF LIABILITY
The Company undertakes to implement quality standards for the Products exclusively up to the moment of delivery at the place indicated by the Occasional User/Subscriber; however, it is not responsible for the poor condition of Products caused by improper storage at the time of delivery or at other authorised delivery points.
The Company disclaims all responsibility for any information, data and any technical or other inaccuracies that may be contained on the Website.
Any disputes relating to the execution of the Service may be filed within 48 (forty-eight) hours after delivery in writing via email to email@example.com or through the "Contact Us" section, accurately documenting the dispute along with photographic material.
The Company shall not be liable for any damages resulting from the inability to access the Services caused by network, provider or telephone and/or internet connections for which it has no control, nor resulting from the failure and/or defective operation of the User’s electronic equipment.
The Company assumes no responsibility for content created or posted on third-party websites with which the Website shares a hyperlink ("link"). The User who decides to visit a website linked to the Website does so at their own risk, accepting the burden of taking all necessary steps against viruses or other malware.
12. DISPUTES - COMPETENT COURT
These General Conditions and any Purchases made by the Customer on the Website are governed by Italian law, with the express exclusion of the 1980 Vienna Convention on Contracts for the International Sale of Goods ("CISG"). For any dispute concerning the application, execution, interpretation and violation of these General Terms and Conditions, the competent court is Cuneo (CN - Italy).
The Customer has, regardless, the power to summon a dispute settlement or mediation body in connection with these General Conditions and any purchase or transaction on the Website in order to seek an alternative resolution to the same disputes. For more information about this tool, the Customer can contact the Company on the "Contact" page.