Terms and conditions
TERMS AND CONDITIONS
- Foreword
- The web site bacimilano.com and its online shop "baci-milano.myshopify.com" (hereinafter, the "Site") and its contents are designed, managed and administered by the company AR&CO S.r.l, with registered office in Via Rotondi 47, 20037 Paderno Dugnano (Mi) and operational headquarters in Via Mazzini 5, 20835 Muggiò (Mb), registration number in the Companies' Register, tax code and VAT no. 03508300963, PEC address amministrazione@pec.arandcobacimilano.it (hereinafter, "Company") and is dedicated to the offer for sale by electronic means of goods (hereinafter, "Items"/“Item”).
- These terms and conditions of the Site (hereinafter, "T&Cs") govern the manner in which the Company grants users of the Site (hereinafter, "Users") the right to browse the Site and purchase Items.
- Navigation, the registration of a personal account, the use of the contact form on the Site and the purchase of Items through the Site are subject to acceptance of these T&Cs, the privacy policy (hereinafter, the "Privacy Policy") and the cookie policy (hereinafter, the "Cookie Policy"), which is deemed to be accepted when the User consults any page of the Site. If the User does not intend to accept these T&Cs, the Privacy Policy and the Cookie Policy, it is sufficient for him/her to refrain from browsing the Website and/or from using the online purchase service of the Items present therein.
- Scope of the T&Cs
- The T&Cs govern the use of the Site by the User both for the purposes of browsing only and for the conclusion of purchase contracts.
- The T&Cs may be amended at any time. Any changes and/or new conditions will be in force from the moment they are published in the "Terms and Conditions" section of the Website. For this reason, Users are invited to check the publication of the most up-to-date T&Cs, it being understood that the applicable T&Cs are those in force on the date the purchase order is sent.
- Terms of Use of the Site
- Personal Use. The Company authorises the User to make only personal and non-commercial use of the Site and exclusively to consult the Items on the Site and, if necessary, to register on the Site and request information.
- Prohibited use. The User may not modify, publish, duplicate, license, assign, republish on third party sites, sell the goods, documents, images, text, content published on the Site, unless expressly authorised by the Company.
- Intellectual Property. The name and trademarks (and any graphic variants thereof), the layout, structure, texts, images, documents of the Site, the design of the pages and its elements are subject to the exclusive rights of the Company (hereinafter, "Intellectual Property"). The User acknowledges the validity of the Intellectual Property and undertakes not to contest it. The use, even partial, of the Intellectual Property by any means, analogue or digital, without the Company's written authorization is prohibited.
- No Warranty. The Site and the resources rendered therefrom, which are provided as they are in fact and in law, do not guarantee to the User that the use of the Site will be uninterrupted, timely, secure or error-free and that any information obtained by the User as a result of the use of the Site, will be correct or reliable and that defects will be corrected. The Company shall not be liable, either to the User or to parties directly or indirectly connected to the User, for any damages, claims or losses resulting from inefficiency or suspension of the Site that are the fault of the User, a third party, or caused by force majeure or unforeseeable circumstances. The existence of a hypertext link pointing to the Site from another third party website, or pointing from the Site to another third party website, does not imply approval or acceptance of responsibility by the Company for the content or use of the sites thus linked. The Company reserves the right, at any time, without any form of prior notice and without any obligation to provide compensation and at its sole discretion, to close the Site and/or make any changes and/or additions to its content that it deems appropriate.
- Limitation of Liability. No conditions, warranties or other terms apply to the Site except to the extent expressly set out in these T&Cs. To the extent permitted by law, the Company shall not be liable to you for any direct or indirect or consequential loss that you may suffer as a result of using the Site, including loss of profit, loss of profit, damage to your image and others.
- Site Registration
- The "SHOP" section of the Site is reserved exclusively to Users who are 18 years of age or older and who expressly declare that they are final consumers as defined by article 3, paragraph 1, lett. a) of Italian Legislative Decree 206/2005 (hereinafter, the "Consumer Code") and intend to make the purchase for purposes unrelated to their commercial, handicraft, entrepreneurial or professional activity. Under no circumstances may resellers or wholesalers and, in general, all persons who intend to purchase the Items for the purpose of subsequent resale, make purchases on the Site. It is therefore forbidden for such subjects to register and make purchases on the Site.
- To purchase Items on the Site, it is not mandatory to register an account, but the User must have a valid e-mail address and telephone number.
- Registration on the site is free of charge. To register, the User must fill in the registration form by entering his e-mail address and password and click on 'REGISTER' at the bottom of the form. Registration will be confirmed to the User by e-mail. By creating an account, the User agrees to be fully responsible for any activity carried out with his/her registration credentials.
- Registration credentials are to be used exclusively by the User and may not be passed on to third parties. The User undertakes to keep them secret and ensure that no one has access to them. The User must inform the Company immediately in the event of suspected misuse and/or disclosure.
- The User guarantees that the personal information provided during the Site registration process is complete and true. The User agrees to hold the Owner harmless from any indemnity obligation and/or sanction arising from the User's violation of the rules on registration to the Site.
- The User is free to delete his/her account by making an express request to the Controller at the following e-mail address: bacimilano@bacimilano.com.
- The Owner reserves the right to suspend or delete a User's account at any time, at its own discretion and without prior notice if it considers this to be contrary to these T&Cs.
- Suspension or deletion of an account does not give the User any right to compensation and/or reimbursement and/or indemnity. Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any fees or prices that may be applicable.
- Procedure for issuing orders and concluding the sales contract
- The agreement between the User and the Company for the sale on the Site of one or more Items (hereinafter, the "Contract of Sale") is concluded exclusively online through the User's access to the Site where, following the procedures indicated, he/she will formalise the proposal for the purchase of the Items and the acceptance of these T&Cs by means of the appropriate
- The languages available to Users for the conclusion of the Contract of Sale are Italian English and French.
- Any promotional codes that can be used on the Site can be entered during check-out on the payment page. Payment codes may have a start and end date of validity, a certain application threshold and a number of exclusions. Moreover, they cannot be combined with other offers and promotions. Their use may result in some variations on the total amount of the order at check-out.
- An order can be placed by selecting an Item in the "SHOP" section of the Site, followed by clicking on the "ADD TO CART" button. To make the payment, the User must click on the "VIEW CART" button where a summary of the order will appear, including price, shipping costs and any additional charges. In the event of acceptance, the User may continue by selecting the "CHECK - OUT" button. Before confirming an order, the User must provide all the data necessary for its processing (such as name, surname, address, etc.) following the procedure. The User must then select the payment method followed by the selection of the "PAY NOW" As soon as payment has been accepted, the User will see confirmation of the order both on the Site screen and by e-mail to the e-mail address indicated by the User.
- The Contract of Sale is concluded following the exact completion by the User of the order form, the execution of the payment and the subsequent sending to the User by the Company of the order confirmation and payment form by e-mail, always after the display of a printable order confirmation and summary web page, which contains the details of the ordering party and the order, the price of the purchased Item(s), the shipping costs and any additional charges, the payment method and terms, the address where the Item(s) will eventually be delivered and the delivery time.
- The order confirmation sent by the Company to the User by e-mail contains all information concerning the Contract of Sale.
- The Company reserves the right to refuse any orders for any reason whatsoever. The Company also reserves the right to cancel any purchases (an order that has already been accepted by the Site) in the presence of, among others, the following conditions, without thereby being held liable for any damages and/or costs (in which case the Contract of Sale shall be deemed to be terminated by mutual consent):
- Item is not available;
- the billing data transmitted by the User are incorrect or unverifiable;
- the User does not provide sufficient guarantees of solvency;
- disputes of any kind are pending between the Company and the User at the time of the order;
- the order is marked by the security systems as an "unusual order" or as an "order susceptible to fraud". In the event of suspected fraud, the Company reserves the right to carry out checks on the User's bank details and/or identity before cancelling the order. By placing the order, the User undertakes to provide the Company with the information and documents necessary for these verifications. In the absence of such documents and information, the Company reserves the right to cancel the order subject to anti-fraud verification;
- the Company has reason to believe that the order was placed by a child under eighteen (18) years of age;
- the Company has well-founded reasons to believe that the order was placed by a reseller or other professional purchaser and therefore in violation of the provisions of Art. 1 of these T&Cs;
- the Item was wrongly priced;
- the Company cannot deliver to the indicated delivery address.
- It is not possible to make changes to the order once it has been placed. The Company reserves the right to consider whether to accept any requests for cancellation of the order received before the Items are dispatched to the User.
- The Company reserves the right to postpone shipment if the order cannot be shipped in a single consignment. Orders placed separately will be shipped separately.
- Availability of Items
- In case of unavailability of the ordered Item, the User will be promptly informed by e-mail and the purchase order will be cancelled. If payment has already been made, the Company will refund the total amount paid by the User - consisting of the purchase price, shipping costs and any other additional cost - immediately and in any case within 14 (fourteen) days from the day after the order was placed. The refund amount shall be communicated by e-mail and credited by means of the same payment method used by the User for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the re-credited amount shall be the same as that of the debit.
- Should an order be for a quantity of Items that are out of stock, the Company will inform the User by e-mail or telephone whether the Item is no longer available or, alternatively, what the waiting time is to obtain the chosen Item, asking the User if he/she intends to confirm the order or is willing to receive only what is available; in this case the User will only be charged for the Items he/she will receive or reimbursed for the Items that are not available if payment has already been made.
- Prices
- The sale prices of the Items are expressed in: euro (€); Bulgarian lev (лв); Czech koruna (kc); Danish krone (Kr); zloty (Pln); Romanian leu (L); Swedish krona (Sek); Hungarian forint (Huf) and constitute an offer to the public pursuant to article 1336 of the Italian Civil Code.
- All prices shown on the Site do not include shipping costs and any additional charges. During the purchase procedure, the User will be informed of shipping costs and any other charges, which must be authorised by the User upon confirmation of the order and contained in the summary page of the order placed.
- The price of the Items may be changed without prior notice, it being understood that the price charged to the User will be the price published on the Item card at the time the order is placed. The Items shall remain the property of the Company until payment by the User of the purchase price, shipping costs and any other additional costs.
- The prices indicated on the Site and/or in advertisements may be subject to adjustment at the Company's initiative without prior notice. The prices indicated in the order confirmation sent to the e-mail address indicated by the User in accordance with the preceding article 6 must be considered binding if the prices indicated in the order confirmation are higher than the prices indicated on the Site. The Company is not bound by offers and reserves the right to cancel orders in the event of incorrect or changed prices.
- Sales periods and promotions published on the Site may have a limited and different duration depending on the geographical area from which the User connects. The date of validity of such offers is indicated on the Site.
- Payment and Refund
- Any payment by the User may only be made by one of the methods indicated on the relevant page on the Site.
- Any possible refund to the User will be credited in a timely manner through the same payment method used by the User for the purchase. In the event of exercising the right of withdrawal, as governed by Art. 14 of these T&Cs, the User must notify the Company no later than 14 (fourteen) days after receipt of the Item.
- The User shall make payments using only the following means of payment and any others indicated on the Site:
- credit card, debit card;
- PayPal.
- Delivery times and modes
- The Company shall deliver the Items selected and ordered, in the manner chosen by the User or indicated on the Site at the time of ordering, as confirmed in the confirmation e-mail and after receiving the relevant payment.
- Should the Company fail to dispatch the Item within 30 (thirty) days of the order being issued, the User shall be entitled to withdraw from the Contract of Sale, with the right to have only the price paid, if any, returned. The foregoing shall not apply if the Company and the User agree on a different delivery period.
- Delivery is deemed to be completed when the Item is made available to the User at the delivery address specified in the order form.
- At the time of delivery, we invite you to be present at the delivery address of the order and not to allow unattended delivery of the Items as neither the Company nor the courier itself shall be liable in case of theft or loss of the package containing the Items. Furthermore, in the event of failure to sign on receipt of the package containing the Items, the Company shall not be able to initiate due diligence with the courier and the logistics department.
- In the event of non-delivery due to the absence of the addressee at the address specified in the order form, the courier will leave a postcard to certify the delivery attempt (so-called "passing notice"). The card will indicate the telephone number that the User must contact to request the courier to make a second delivery attempt or the procedure to be carried out via the Internet. After three unsuccessful delivery attempts, the parcel will go into storage. At this point the Company will contact the User in order to unblock the stock and arrange for the package containing the Items to be delivered to him. If necessary, the Company may agree with the User to change the delivery address. In the event that the delivery attempt following contact by the Company is also unsuccessful or if the User does not respond to the contact attempt, the package will be returned to the Company and the User will be notified of this by e-mail.
- The User acknowledges that, 30 (thirty) days after the package containing the Items is returned to the Company, the Contract of Sale shall be deemed terminated due to impossibility of delivery due to the User's fault and the purchase order terminated pursuant to article 1456 of the Italian Civil Code (hereinafter, "Termination Date").
- Within 30 (thirty) days from the Termination Date, the Company will refund the total amount paid by the User, minus the costs of unsuccessful delivery, storage and return of the product. The termination of the Contract of Sale and the amount of the refund will be communicated to the User by e-mail. The refund amount will be credited using the payment solution the User made for the purchase.
- In the event that, prior to the Termination Date, the User requests to receive the purchased Item again, the Company will proceed with the new delivery, subject to charging, in addition to the costs thereof, the costs of returning the Item to the Company.
- Limitations of liability
- The Company assumes no liability for inefficiencies attributable to force majeure that prevent the order from being executed within the timeframe provided for in the Sales Agreement (including, but not limited to, natural events or disasters, acts of terrorism, pandemics, strikes, network malfunctions and/or blackouts).
- The Company shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside its own control or that of its subcontractors.
- Furthermore, the Company shall not be liable for any damages, losses and costs suffered by the User as a result of the non-performance of the Contract of Sale for reasons not attributable to the Company, the User being entitled only to a full refund of the price paid and any additional charges incurred.
- The User cannot be held liable for delays or mishaps in payment if he/she proves that he/she has made the payment in the time and manner indicated by the Company. However, the Company shall not be liable for delays in the receipt of payments attributed to payment systems operated by third parties and shall consequently be entitled to delay the order confirmation until the actual confirmation of receipt of payment.
- The images and colours of the Items published on the Site may differ from the real ones due to the settings of the computer systems and/or computers used by the User to view them.
- Liability for Defective Items
- Pursuant to article 114 et seq. of the Consumer Code, the producer of the raw material and/or the manufacturer of the finished product or one of its components (hereinafter, 'Producer') is liable for damage caused by defects in his product.
- Pursuant to article 116 of the Consumer Code, the Company is liable for the damage caused by defects in the Item sold if it fails to inform the damaged party (hereinafter, "Damaged Party"), within a period of 3 (three) months from the request, of the identity and domicile of the Producer or the person who supplied him/her with the Item. The aforesaid request, on the part of the Damaged Party, must be made in writing and must indicate the Item that caused the damage, the place and date of purchase; it must also contain an offer to view the Item, if it still exists.
- Pursuant to Art. 118 of the Consumer Code, the liability of the Producer and/or the Company is excluded a) if the Producer did not put the product into circulation; b) if the defect that caused the damage did not exist when the Producer put the product into circulation; c) if the Producer did not manufacture the product for sale or for any other form of distribution for consideration, nor did he manufacture or distribute it in the exercise of his professional activity; d) if the defect is due to the product's compliance with a mandatory legal norm or measure (e) if the state of scientific and technical knowledge at the time the Producer put the product into circulation did not yet permit the product to be considered defective; (f) in the case of the Producer or supplier of a component part or raw material, if the defect is wholly due to the design of the product into which the part or raw material was incorporated or the conformity of the latter with the instructions given by the Producer who used it.
- No compensation shall be due if the aggrieved party was aware of the defect in the Item and the danger arising therefrom and nevertheless voluntarily exposed itself to it.
- In any event, pursuant to article 120 of the Consumer Code, the aggrieved party shall prove the defect, the damage and the causal connection between defect and damage.
- The person harmed may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of a thing other than the defective product, provided that it is of a kind normally intended for private use or consumption and so primarily used by the person harmed.
- Damage to property as referred to in article 123 of the Consumer Code shall, however, only be indemnifiable to the extent that it exceeds the sum of €387.00 (three hundred and eighty-seven//00 Euros).
- Guarantees and service modes
- The Company, pursuant to article 129 ff. of the Consumer Code, shall be liable for any lack of conformity that becomes apparent within a period of 2 (two) years from delivery of the Item.
- For the purposes of these T&Cs, Items are presumed to be in conformity with the Sales Agreement if, where relevant, the following circumstances coexist:
- are suitable for the use to which goods of the same type are normally put;
- conform to the description made by the Company and possess the qualities of the good that the Company has presented to the User as a sample or model;
- present the quality and performance usual for goods of the same type, which the User may reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this respect by the Company, the Manufacturer or its agent or representative, particularly in advertising or on labelling;
- are also suitable for the particular use desired by the User and which has been brought to the knowledge of the Company by the latter at the time of the conclusion of the Contract of Sale and which the Company has also accepted by conclusive facts.
- In any event, unless proved otherwise, defects of conformity that become apparent within 1 (one) year after delivery of the Item shall be presumed to have already existed on that date, unless such presumption is incompatible with the nature of the Item or the nature of the defect of conformity.
- In the event of a conformity defect, the User may request, alternatively and free of charge, under the conditions set out below, the repair or replacement of the item purchased, a reduction in the purchase price or termination of the Contract of Sale.
- Pursuant to article 135 bis of the Consumer Code, the Company may refuse to bring the Items into conformity if repair and replacement are impossible or if the costs that the Company would have to bear are disproportionate. Furthermore, the User does not have the right to terminate the Contract of Sale if the lack of conformity of the Item is only minor.
- The request must be made in writing, by registered letter with acknowledgement of receipt, to the Company, which shall indicate its willingness to process the request, or the reasons preventing it from doing so, within 7 (seven) working days of receipt. In the same communication, if the Company has accepted the User's request, it shall indicate how the Item is to be shipped or returned, as well as the deadline for returning or replacing the defective Item. In such cases, it shall be the User's responsibility to indicate how the sums previously paid to the Company shall be re-credited.
- The Company points out that repair or replacement times are related to the suppliers' response times. In fact, the Company reserves the right to contact the suppliers of the products before giving confirmation to the User of any repair/replacement/price reduction in order to check any availability of the Manufacturer, the warranty and how to handle defective products.
- Obligations of the User
- The User undertakes to pay the price of the purchased item in the time and manner indicated in the Sales Agreement.
- The User undertakes, once the online purchase procedure has been completed, to print out and retain these T&Cs.
- The User undertakes to promptly notify the Company of any change of address. Failure by the User to communicate any such change of address and/or transfer of address shall remain entirely at the User's expense and risk. As long as no such change of address and/or transfer notices are communicated, the User shall be deemed to be domiciled at the address indicated by him/her when placing the order and the User shall remain responsible for the Item ordered.
- Right of withdrawal, returns and refunds
- The User has the right to withdraw from the Contract of Sale, without penalty, within 14 (fourteen) calendar days from the day of receipt of the Item. An essential condition for the exercise of the right of withdrawal is the substantial integrity of the Item to be returned. In particular, it is necessary for the Items to be returned in a normal state of preservation, as they have been kept and possibly handled with normal diligence. The Products, therefore, must not have been used, damaged or altered. In any case, in order to be entitled to a full refund of the price paid, the Item must be returned intact and, in any case, in normal state of preservation including the original labels that must still be affixed to the Item.
- In the event that the conditions of withdrawal referred to in this article are not met in full or in part, and following the verification of the conditions of integrity of the Item physically returned to the warehouse, and in the event that there is a discrepancy with what was indicated by the customer when the return file was opened, the Company reserves the right to refuse the withdrawal, and therefore the right to return the Item to the User, after payment by the latter of the additional shipping costs. If the User does not pay the additional shipping costs to the Company for returning the item to the User, the Company is authorised, and the User accepts and waives any objection in this regard, to retain the Item and dispose of it, 12 (twelve) months after the date of exercise of the right of withdrawal.
- If the User decides to avail himself of the right of withdrawal, he must notify the Company within 14 days of receipt of the products by e-mail to bacimilano@bacimilano.com, indicating the order number and providing a reason for the return request.
- The User must provide, after receiving the return authorisation e-mail from the Company and within 14 (fourteen) calendar days from the date of receipt of the Item, for its shipment, suitably protected and packaged, possibly in its original packaging, accompanied by the original tag and any accessories of the Item. The Item shall be sent to the address AR&CO S.r.l. c/o Maviflex, Via Dell'Artigianato 7/9, 27022, Casorate Primo (PV), or it can be delivered directly to the Milan shop located in Via Mascheroni 22.
- The direct cost for the return of Items shall be borne by the User.
- The Company, only after receiving the Item and only after positively verifying compliance with the terms and procedures for exercising the right of withdrawal as well as the integrity of the Item, shall refund the amount paid by the User within 14 (fourteen) days of receipt of the notice of withdrawal.
- The refund amount will be communicated by e-mail and credited with the same payment method used by the User for the purchase. In the event of a return, the amounts re-credited will correspond to the price paid by the User (list prices net of any discounts if the order was made using promotions, discount codes or during sales periods).
- Upon receipt of the notice by which the User declares the exercise of the right of withdrawal, the User and the Company are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this article 14.
- Essential terms and express termination clause
- The User and the Company agree that the terms of payment of the price of the Item purchased by the User referred to in Art. 4 constitute an essential term pursuant to article 1457 of the Italian Civil Code.
- Breaches of the following obligations are considered serious by the User and the Company:
- violation by the User of the payment terms set out in art. 3;
- unavailability of the User for delivery of the purchased Items in the case referred to in Art. 6;
- breach by the Company of the guarantees of the obligations set out in article 14.
- Upon the occurrence of one or more of the serious breaches referred to in Article 15.2. above, the party concerned shall be entitled to terminate the Contract of Sale pursuant to article 1456 of the Italian Civil Code. The termination shall take effect as of right 15 (fifteen) days after receipt of the registered letter with return receipt or of the certified e-mail message detailing the breach and in the absence of fulfilment of the defaulting party's obligation within the same term.
- Privacy Policy - Extended Cookie Policy
- The Company, as the data controller of the data collected through the Site, protects the privacy of its Users and ensures that data processing complies with the provisions of Regulation (EU) 2016/679. Hence the invitation to Users to carefully read the Privacy Policy and the Cookie Policy.
- Users may revoke their consent at any time by sending an e-mail to bacimilano@bacimilano.com.
- More information on how to opt out can be found in the Privacy Policy and Cookie Policy.
- Storage of the Contract of Sale
- Pursuant to article 12 of Legislative Decree No. 70/2003, the Company informs the User that every order and order confirmation sent is stored in digital and/or hard copy form on the server and/or at the premises of the Company and the hosting service according to criteria of confidentiality and security.
- Communications and Complaints
- The User may request any information and/or send communications and/or make complaints regarding sales, purchase orders, products, payments and shipments, etc. Such communications directed to the Company and any complaints shall be valid if forwarded by e-mail to bacimilano@bacimilano.com. Therefore, the User shall indicate in the registration form the telephone number or e-mail address to which he or she wishes communications from the Company to be sent. In the event of notification of withdrawal, please refer to the rules set out in article 14.
- Applicable law and settlement of disputes
- The Sales Contracts concluded between the Users and the Company on the Site are governed by Italian law, excluding the rules of reference to laws other than Italian law. In particular, the provisions of articles 49 et seq. of the Consumer Code apply to them.
- Any disputes relating to the application, performance, interpretation of the Sales Agreement (including these T&Cs) shall be settled by the Court of the place where the User resides or has elected domicile.
- Final Clauses
- These T&Cs supersede and replace any prior agreement, understanding, negotiation, written or oral, between the User and the Company.
- Should one or more provisions of the T&Cs be deemed invalid or declared invalid under the Act, the other provisions shall continue in full force and effect.
- The Company reserves the right to suspend or terminate sales on the Site. The Company shall in no way be liable to the User or to third parties for such suspension or termination.
- These T&Cs may be subject to updates. The User is requested to take note of the published version and the date of update. However, the T&Cs published and in force at the time of conclusion of the Contract of Sale remain valid.
Version of 16 October 2023.