GENERAL TERMS AND CONDITIONS OF ONLINE SALE
1. General Terms and Conditions of Sale for purchases made online on the website www.benedettaboroli.com
The following General Terms and Conditions of Sale govern the offer and sale of products on this website www.benedettaboroli.com (also, alternatively, “Benedetta Boroli” or the "Site").
You can request any information and/or send communications and/or file complaints regarding sales, purchase orders, products, payments, and shipments by contacting Benedetta Boroli Customer Service ("Customer Service), in accordance with the methods outlined in Article 12.
1. Scope of application
1.1 The sale of products through the Site (“Products) constitutes a distance contract governed by Chapter I, Title III (Articles 45 and following) of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code) and Legislative Decree 9 April 2003, No. 70, containing the regulations on electronic commerce.
1.2 These General Terms and Conditions of Sale apply to all sales made on the Site.
1.3 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will take effect from the moment they are published in the "Terms of Sale" section of the Site. For this reason, Customers are encouraged to regularly visit the Site and review the most up-to-date version of the General Terms and Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.
2. Purchases and Registration on the Site
2.1 Access to sales made through the Site is reserved exclusively for Customers (the “CustomersThose who have reached the age of 18 and have registered on the Site by creating an account.
2.2 Registration on the Site is free. To register on the Site, the Customer must complete the registration form
2.3 The Site reserves the right to refuse or cancel orders that come from (i) a Customer with whom it has an ongoing legal dispute; (ii) a Customer who has previously violated these General Terms and Conditions of Sale and/or the conditions and/or terms of a purchase contract with the Site; (iii) a Customer who has been involved in any type of fraud, particularly fraud related to credit card payments; (iv) Customers who have provided false, incomplete, or otherwise inaccurate identification data, or who have not promptly sent the documents requested by Benedetta Boroli, or who have sent invalid documents; (v) Customers who do not provide sufficient solvency guarantees.
3. Conclusion of the contract and delivery of the products
3.1 To proceed with the purchase of products on the Site, the Customer must register on the Site after reviewing the privacy policy and accepting the Terms and Conditions of Sale (T&Cs).
3.2 Clicking the "Buy" or "Place OrderThe Customer places a binding order for the items contained in the virtual shopping cart
Customers are shown and simultaneously sent, via email, an order code and a payment transaction code with all the purchase details.
Once the order form has been submitted and the authorization for payment of the total amount due has been received, the Site will send the Customer an order confirmation via email to the provided email address.
The sales contract is considered concluded between Benedetta Boroli and the Customer only when the latter has received the order confirmation via email.
3.3 Orders will be shipped as soon as Benedetta Boroli receives full payment of the purchase price and any applicable shipping charges, where specified.
3.4 In the event that an ordered product is unavailable, without prejudice to the rights granted to the Customer by law, the Customer will be promptly informed by email. The Customer will then be entitled to immediately terminate the contract. If payment for the product has already been made, Benedetta Boroli will refund the amount without undue delay and, in any case, within a maximum of 15 business days from the order submission. The refund amount will be communicated to the Customer via email. This amount will be credited using the same payment method the Customer used for the purchase. Any delays in the credit may depend on the bank, the type of credit card, or the payment solution used. In any case, the value date will be the same as the debit date.
4. Prices, shipping costs, and delivery times
4.1 All Product prices are expressed in Euro (€) and include Value Added Tax ("VAT"). Any shipping fees and other additional costs, including VAT and expressed in Euro (€), will be clearly and separately indicated in the order form before the Customer submits it, as well as in the order confirmation email.
5.2 The price of the Products may be changed at any time without notice, provided that the price charged to the Customer will be the one published on the product information sheet outlining the main features of the Product (“Product Sheet") at the time of order submission. Prices may vary depending on the target market."
5.3 Orders will be processed and/or shipped by Benedetta Boroli from Monday to Friday, between 9:30 AM and 5:30 PM. Orders placed over the weekend will be processed starting from the next business day.
5.4 Benedetta Boroli delivers within Italy and to the following European Union countries: Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Malta, the Netherlands, Poland, Portugal, Monaco, the United Kingdom, the Czech Republic, Romania, Slovakia, Slovenia, and Spain.
Delivery times are expressed in business days, meaning all days from Monday to Friday, inclusive, excluding any public holidays.
5.5 Deliveries within Italy are free of charge* and shipping times range from 3 to 5 working days;
Shipping outside Italy and within European Union countries is charged at 25 Euros, and delivery times range from 5 to 7 business days.
5.6 Please note that delivery and/or shipping times may vary due to reasons beyond Benedetta Boroli's control or due to force majeure events, such as, by way of example but not limited to, strikes, natural disasters, external situations affecting the company, etc.
5.7 During sales periods, promotions, events, or holidays, shipments may experience delays or require longer delivery times entirely beyond the control of Benedetta Boroli.
* Shipping within Italy during the sales period is subject to a fee of 8 Euros.
6. Purchase Orders - Product Information
6.1 Benedetta Boroli will process the purchase order and ship the purchased Product only after receiving confirmation of payment authorization for the total amount due, which includes the purchase price, delivery charges, if applicable, and any other additional costs, as specified in the order form (“Total Amount Due). If the Total Amount Due is not paid or the successful completion of the payment is not confirmed, the purchase contract will be considered automatically terminated pursuant to and for the effects of Article 1456 of the Civil Code. The Customer will be notified of this termination and the consequent cancellation of the order immediately after the order is submitted, via the Website.
6.2 The Products will remain the property of Benedetta Boroli until full payment of the Total Amount Due by the Customer. However, the risk of loss or damage to the Products, for reasons not attributable to Benedetta Boroli, will transfer to the Customer when the Customer, or a third party designated by the Customer and different from the carrier, takes physical possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site aim to represent the Product features as accurately as possible. However, the Product colors may differ from the actual ones due to the settings of the computer systems or devices used by Customers to view them. Additionally, the Product images in the Product Sheet may vary in size or in relation to any accessory products. Therefore, these images should be considered indicative and subject to normal tolerances. For the purposes of the purchase contract, the Product description contained in the order form submitted by the Customer shall prevail.
7. Payment
7.1 The Site accepts payments made via credit cards from the Maestro, Mastercard, Visa, PayPal, and Diners networks.
7.2 Once confirmation of payment has been received from the bank, Benedetta Boroli will send the Customer an email containing the payment confirmation and an order identification number. After the goods have been shipped, the Site will send the Customer a further email with the information needed to track the package.
8. Application of promotional vouchers
Promotional vouchers:
• they can have a value expressed as a percentage or a fixed amount;
• cannot be purchased by Customers but are offered by Benedetta Boroli as part of promotional campaigns;
• they can be used for a limited validity period.
Some promotional vouchers can be applied to the entire amount of goods in the virtual cart, while others can only be applied to individual products. Promotional vouchers can be used:
• only once in relation to a single order;
• within the specified validity period.
Additionally, it is possible that the use of promotional vouchers may be excluded for the purchase of certain products or that the use of a promotional voucher may be subject to a minimum spending amount.
If the amount of the promotional voucher is not sufficient to cover the value of the ordered product(s), the difference can be paid using the methods indicated in Article 7.
Promotional vouchers cannot be combined for the same order or transferred to third parties, and can only be used if the order is completed. Additionally, they cannot be used retroactively.
If, during the order process, the Customer has used a promotional voucher and the total order value—due to the Customer's withdrawal—is less than the value of the promotional voucher, the Site reserves the right to charge the original price of the goods that remain in the Customer's possession.
Benedetta Boroli may condition the use of the aforementioned vouchers on reaching a minimum spending threshold, excluding shipping costs from the calculation.
9. Order Cancellation and Right of Withdrawal
The Customer may choose to cancel their order at any time before the notification of the Product's shipment. To exercise this right, the Customer must send an email to the address specified in article 12 below. Once the request is received, Benedetta Boroli will cancel the order and refund the amount paid within 14 days from the date the Site received the Customer's request.
10. Right of withdrawal
10.1 Pursuant to Article 49 et seq. of the Consumer Code (Legislative Decree 206/2005), the Customer has the right to withdraw from the contract without providing any reason within, and no later than, 15 days from the day on which the Customer or a third party other than the carrier takes possession of the purchased goods.
10.2 In order to properly exercise the right of withdrawal, the Customer may use the withdrawal form, which can be requested directly via the email address info@benedettaboroli.com, and send it by registered mail with return receipt to Benedetta Boroli, Via Gorani, 7 20123 Milan.
Upon receipt of the withdrawal request, Benedetta Boroli will send the Customer a confirmation email.
10.3 The Customer must return the goods to Benedetta Boroli within 15 days of sending the withdrawal request, using the courier that made the delivery and at their own expense. The goods must be shipped in accordance with the following conditions:
• Properly packed in their original packaging, not damaged, broken, or soiled, and complete with all accessories and documentation, with no visible signs of use;
• Equipped with the original delivery document (included in the original packaging), to allow Benedetta Boroli to uniquely identify the Customer (Order number, first name, last name, and address);
10.4 Following the withdrawal from this contract, Benedetta Boroli will promptly refund the Customer the price paid at the time of purchase, including standard shipping costs, upon receipt of the goods in question or upon receipt of proof from the Customer that the goods have been shipped, whichever occurs first. If the Customer, when available, has chosen a shipping method different from the standard one, the refunded amount will still only cover the cost of standard shipping.
10.5 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling other than what is necessary to verify the conformity of the Product, the refund amount will be reduced by an amount equal to that decrease in value. Benedetta Boroli will notify the Customer of this circumstance and the resulting reduced refund amount within 10 working days of receiving the Product.
10.4 If the withdrawal is not exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. Benedetta Boroli will notify the user within 10 working days of receiving the Product, rejecting the withdrawal request. If the Product has already been received by Benedetta Boroli, it will remain at Benedetta Boroli's premises available for the user to collect, which must be done at the user's expense and responsibility.
10.5 The refund will be made using the same payment method used by the Customer at the time of purchase. In any case, the Customer will not be required to bear any costs as a result of such refund, except for any shipping fees for the return of the item.
11. Legal Warranty of Conformity
11.1 All Products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of Legislative Decree No. 128-135 of the Consumer Code ("Legal Warranty").
11.2 The Legal Warranty is reserved for consumers.
11.3 To benefit from the Legal Warranty, the Customer must first provide proof of the purchase date and delivery of the product. It is therefore advisable for the Customer to keep the purchase invoice sent by Benedetta Boroli, or any other document that can verify the purchase date (for example, a credit card statement) and the delivery date.
11.4 There is a conformity defect when the purchased good:
- is not suitable for the use for which goods of the same type are usually intended;
- it does not conform to the description made by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
- does not have the usual qualities and performance of a product of the same type, which the consumer can reasonably expect, also taking into account any statements made in advertising or labeling;
- is not suitable for the specific use intended by the consumer and that was brought to the seller's attention at the time the contract was concluded and accepted by the seller.
In the event of a duly reported non-conformity within the terms, the Customer is entitled to:
- primarily, to the free repair or replacement of the item, at your choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other and, therefore, in this specific case, considering the type of sale, to replacement, where this is possible in relation to the number of units still available for sale;
- as a last resort (that is, if the repair or replacement is impossible or excessively costly, or if the repair or replacement has not been carried out within a reasonable time, or if the previously carried out repair or replacement has caused significant inconvenience to the consumer) to a price reduction or contract termination, at their choice.
11.5 If a Product purchased on the Site shows what could be a conformity defect during the Legal Warranty period, the Customer must contact Customer Service using the contact details and methods indicated in art. 12. Benedetta Boroli will promptly respond to the notification of the alleged conformity defect and will inform the Customer of the specific procedure to follow, including arranging the shipping method for the goods, taking into account the product category and/or the reported defect.
11.6 In the event of contract termination, Benedetta Boroli will refund the Customer the total amount paid, consisting of the purchase price of the Product, shipping costs, and any other additional charges. In the case of a price reduction, Benedetta Boroli will refund the agreed-upon amount of the reduction, previously agreed with the Customer.
The refund or discount amount will be communicated to the Customer via email and credited to the payment method or solution used by the Customer for the purchase.
11.7 Benedetta Boroli is not responsible for any damages of any kind resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, as well as for damages caused by unforeseen events or force majeure.
Our brand is committed to ensuring the quality and functionality of the products/services offered at the time of purchase. However, We do not assume any responsibility for damages, malfunctions, or defects that occur beyond six (6) months from the date of purchase., unless otherwise provided by current legislation.
After this period, any requests for assistance, replacement, or refund they will not be taken into consideration, except in cases expressly covered by extended warranties or separate contractual agreements.
We encourage customers to carefully check the products/services received and promptly report any issues within the specified period.
12. Customer Service
12.1 The Customer can contact Benedetta Boroli's Customer Service, which will be available Monday to Friday, from 9:30 AM to 6:30 PM, at the email address info@benedettaboroli.com
12.2 Requests received outside the hours indicated above will be processed starting from the next business day.
13. Governing Law and Jurisdiction - Alternative Dispute Resolution/Online Dispute Resolution
13.1 These General Terms and Conditions of Sale, together with the information provided pursuant to Article 49 of the Consumer Code, before the user is bound by the contract, represent the entirety of the agreements between Benedetta Boroli and the Customers regarding contracts concluded through the Site.
13.2 Contracts concluded between users of the Site and Benedetta Boroli are governed by Italian law. However, the application of any more favourable and mandatory provisions provided by the law of the country in which consumer users who do not have their habitual residence in Italy reside is reserved, particularly with regard to the period for exercising the right of withdrawal, the period for returning Products in the event of exercising such right, the procedures and formalities for communicating the same, and the legal guarantee of conformity.
13.3 Benedetta Boroli also informs the user that they qualify as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code, and that a European platform for online dispute resolution for consumers (the so-called ODR platform) has been established. The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.