These Conditions of Sale are drafted in accordance with the legal provisions of the Italian Civil Code, the Legislative Decree. n. 70/2014 regarding Information Society Services and Electronic Commerce, the Consumer Code and governing the offer and sale of products through the site www.bluon.shop.
Products marketed on www.bluon.shop are sold directly by Blu Oberon Srls VAT IT08399040966 (hereinafter referred indifferently as “Seller”), with registered office in Via Stampa, 8 – 20123 Milano (MI) .
The General Conditions of Sale apply and govern all sale contracts signed on the Website by the Seller, as identified above.
The General Conditions of Sale may be subjected to modification and the User is obliged to consult them before making any purchase.
It is User’s duty to check the Terms and Conditions of Sale before placing the order.
The Seller is never responsible for the supply of “Bluon” branded products by third parties on the Site through links, banners or hyperlinks.
Before confirming third parties orders, the User must check the Terms of Sale.
Conditions of Sale apply regardless of User nationality, provided that the delivery of products takes place in one of the Countries in which the site provides on-line sales service and that the Country corresponds to the one where the User has made his registration.
The purchase of products on the Site is limited exclusively to any natural person who is acting as consumer and is over the age of majority.
Consumer means any natural person acting for purposes other than trade, business, craft and professional activities.
CONCLUSION OF THE CONTRACT
These Conditions of Sale are an integral and essential part of the sale contract between the Seller and the User.
If the User does not agree with any term of these Conditions of Sale is requested to refrain from make any purchase on the Site.
To conclude the purchasing contract the User shall send the order by following the procedure on the Site.
The submission of order obliges the User to pay the indicated price.
To complete the purchase, the User is obliged to confirm the payment of the price of the products in the shopping cart.
In case of failure of the payment, the order will be automatically cancelled.
After the submission of the order, the User will receive an e-mail confirming the purchase and containing the summary of the order.
This communication is not to be intended as an automatic acceptance of the order.
The Seller keeps the right to reject orders which are incomplete and incorrect or order made bye users with whom the Seller has an ongoing dispute concerning the payment of a previous order.
In such a case the User will receive a specifically motivated rejection by e-mail.
If the products presented on the Site are not available at the time of last access or at the time of the submission of the order, the Seller will communicate to the User the unavailability of the product within 7 working days from the day after the purchase.
In the case that the payment has already been done, the Seller will refund the User the price without any further compensation.
In the order form the User will find:
– a summary of the main characteristics of each product ordered and its price;
– the accepted payment methods;
– delivery methods;
– shipping costs.
The languages of the contract are Italian and English.
The catalogue can be periodically updated and modified, therefore the availability of a product could not be always guaranteed.
Each product is described by a card in which all the essential features are specified; the images and the colors of the products may not correspond to the real product due to the computer and browser settings.
Therefore the images of the products should be considered approximate.
Bluon devices are not intended to replace adult supervision of children and they cannot be considered or intended by the User as a security system. The User will therefore take all reasonable measures to avoid or reduce any damage and negative effect that may result from the proper and improper use of the products.
All the sales prices of the products have to be intended VAT included (if applicable in the Country of delivery), as well as other taxes which may be applicable to the sale.
Product prices may be subjected to updates and modifications. The User shall verify the final price of sale before submitting the order.
In case of an evident mistake on the price displayed on the Site, compared to the known market price of the product, the Seller shall keep the right to confirm the delivery and to reimburse immediately the amount of money already paid by the User.
For the payment of the price and of the delivery costs (if any) the User will follow the procedure specified in the order.
In the event of payment by credit card, the payment procedure takes place via a protected connection directly to the bank and the on-line payment service, to which third parties have no access. In particular, the financial information (such as, for example, the credit/debit card number or its expiry date) will be submitted, using a cyphered protocol, to other banks that supply the relative remote electronic payment services, without third parties being able to access them in any way. Furthermore, this information will never be used by the Seller for purposes other than completing the relative purchase procedures and to issue the required reimbursements in the event of product restitutions, following the exercise of withdrawal rights, or if it is necessary to prevent or report to the police any fraudulent acts perpetrated on the Web Site.
The amount of the order will be charged immediately after placing the order, without prejudice to the customer’s right to be refunded the amount in the event of breach by the Vendor or non-performance of the contract for any reason whatsoever.
The customer is solely responsible for all data provided, and guarantees the use of credit cards of which only he/she is an authorized user.
The products are delivered via affiliated couriers, directly to the User, at the delivery address specified during the order phase.
In completing the registration procedure, is required for the execution of this contract and all relative correspondence, that the User authorizes the Seller to notify his/ her personal data to the curriers and/ or shipping companies used to deliver the purchased goods, in order to allow their delivery.
The Seller will do everything in its power to process the order within 3 days and in any case no later than 30 days from the following day the payment has been made.
Delivery times are calculated based on working days and do not include public holidays.
This Site allows the delivery of the products to be requested at an address that is different to the User’s own, provided that it is within the User’s Country of residence that was indicated at the registration; in any case, it is responsibility of the User to specify all the necessary details for successful delivery.
It is never possible to collect the products that were purchased via the Site directly from the Seller’s warehouse.
The costs and types of delivery offered may vary according to the Country and the method of delivery chosen by the User.
These costs and any additional cost shall be borne by the User. The charges will be clearly and separately indicated on the order summary, before the User continues the transmission of the said order, as well as in the confirmation e-mail.
Both in Italy and abroad the delivery process requires that, in the event that the recipient is absent when the courier arrives, the courier leaves a card with contact details to organize a second delivery, in order to successfully complete the delivery. In the event of delivery’s failure due to the recipient’s absence at the time when courier attempts to carry out delivery, the package will remain in storage. It will be a User’s duty to take care of the collection.
In the event of lack of collection within 4 days, the package will be returned to the Seller. In such a case, the contract will be considered terminated pursuant to art. 1456 of the Italian Civil Code, via simple notification from the Seller sent by email to the User and therefore the order will be considered cancelled for all purposes.
The User always has the option of checking the status of his/her order through a link, inserting his/her order number or through his/her personal area.
The order must be made directly from the site of the Country in which it has to be delivered. Any order made from the site of a different Country to that of destination, or to an address not accepted by our courier, will be automatically cancelled.
It is strictly forbidden for minors to place orders on the Website.
The data entered when purchasing must exclusively be the actual User’s personal data and not that of third parties, or invented data. The Seller reserves the right to prosecute all breaches and abuse, in the interests of and to protect all Users.
The User shall hold the Seller harmless of all liability deriving from the issue of incorrect tax documents due to errors in the data provided by the User, who shall remain the only party responsible for the correct input of data.
Upon receipt of the products the User must check that they conform to the order, paying attention in particular that the number of packages indicated on the carrier’s letter corresponds to the number of the packages delivered and if the packaging is intact.
Any faults (e.g. tampering, damage to the packaging) must be specifically indicated directly on the courier’s transport document, and the User should refuse the delivery. At the same time the User must notify the Seller’s customer service through a dedicated link.
If the User accepts the delivery of damaged or tampered products, the User shall forfeit the legal guaranty of conformity of the products.
The Seller shall not be liable for any disservice caused by force majeure, including but not limited to accidents, explosions, fires, strikes and/or lockouts, earthquakes, flooding or similar events which wholly or partly impede the performance of the contract within the agreed time.
The Seller shall not be liable to any party or third parties concerning damage, losses or costs incurred due to the non-performance of the contract for the above-listed reasons, and the User shall have the right to receive only the refund of the price paid.
Equally, the Seller shall not be liable for the fraudulent or unlawful use by third parties of credit cards, checks or other means of payment used to pay for the purchased products. The Seller does not have access to the User’s credit card number at any time in the purchasing procedure, as the number is transmitted directly to the manager of the banking services.
RIGHT OF WITHDRAWAL
The User may exercise the right of withdrawal and return the goods received, without any penalties and without having to specify the reason, in compliance with the terms and methods indicated below.
The User may request to return goods directly on the Website, by accessing his/her own account and completing and submitting to the Seller the returns form, following the procedure laid down therein.
Goods must be returned intact, undamaged and bearing their bar-code labels and any other seals that are part of them; it is not possible to reimburse Users for goods that are returned incomplete, ruined or damaged.
The goods the User wishes to return must be delivered to the shipping agent within fourteen (14) days, starting from the date on which the User notifies the Vendor of his/her decision to withdraw from the contract.
The cost of returning the goods shall be borne by the User.
On return of the goods, the Seller shall check their conformity with the terms and conditions laid down in this paragraph.
If the right of withdrawal is exercised in the methods and terms indicated in this paragraph, the Seller shall refund the User any amounts received for the purchase of the goods.
Whatever methods of payment are used by the User, the Seller shall arrange for the refund in the shortest possible time and in any case within fourteen (14) days from the date on which the Seller was informed of the exercise of the right of withdrawal, having checked the conformity of the withdrawal procedure and the returned goods.
The Seller generally refunds the amounts using the same method of payment used by the User when purchasing the goods. If a virtual credit card was used, or the credit card has expired, is about to expire or stolen, the User may email firstname.lastname@example.org to agree the most appropriate repayment method.
WARRANTY OF CONFORMITY
Pursuant to the law, the Seller is obligated to deliver goods to the User that comply with the sale contract.
The Seller shall be liable to the User for any non-conformity of the Products that exist at the time of delivery of the aforementioned goods, or that occurs within two years of delivery.
To qualify for the above-mentioned guarantee, the User must notify to the Seller the non-conformity within two months from its discovery, or this right will be forfeited, by contacting Customer Services via a dedicated link: this notification must contain an accurate and complete description of the reported defects/faults.
Customer Services will respond to the User’s notification, giving instructions for the delivery of the defective product, which will be at the Seller’s expense.
The User shall be entitled to terminate the Contract and the refund of the amount paid, or, alternatively, the replacement of the product. In case of minor vice and defect, the User will be only entitled to the replacement of the product.
Any defects or damage caused by accidental means or those attributable to the User or those caused by use of the Products in a way that does not comply with its intended use or normal wear and tear, are excluded from the non-conformity and, therefore, from the legal guarantee.
All disputes over the application, performance, interpretation or breach of the purchase contracts concluded on the website are governed by Italian law, without prejudice to local mandatory law applicable to Customer in its Country. The Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
AMENDMENTS AND UPDATES
The Seller reserves the right to alter this Website, its policies and these General Conditions of Sale at any time, in order to offer new products and services, or to comply with legal or regulatory provisions. Users accessing the Website and submitting an order shall comply with the policies and terms of the General Conditions of Sale in force at the time of placing the order, unless such amendments have retroactive effect pursuant to the applicable law. Should any of the provisions of these Conditions of Sale be deemed invalid or void or for any reason inapplicable, the condition shall not prejudice the validity and effectiveness of all other provisions.
CUSTOMER CARE AND COMUNICATION
The User can contact the following address for any additional information or assistance: email@example.com.