Conditions of sale

Date of publication on the site 30/10/2020

1. Subject

1.1. These general conditions of sale apply to the purchase of products in the catalog (then "Products") made through the e-commerce site www.bluxury.it (then the "Site") by users qualified as "Consumers" pursuant to article 1.2 below. The Site is owned by Pellicceria Barigazzi Livio & C snc, with registered office in Salsomaggiore, Via Milano 6, tax code, VAT number 01513240349 (then "Owner").

1.2. bluxury.it deals with the sale of Products through the Site. Purchases of Products made on the Site will see bluxury.it as parts, as the seller (then the "Seller"), and the person who proceeds to purchase one or more Products for purposes not related to one's own business, commercial, craft or professional activity, as buyer (later the "Consumer"), Seller and Consumer will be collectively referred to below as the "Parties".

1.3. The Owner is part of these general conditions of sale and the owner of the rights to the domain name of the Site and the products and contents of the Barigazzi brand. It is not the owner of logos and trademarks relating to third party products on the Site, as well as the copyright of the contents of the same on the Site.

1.4. All Consumer communications connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal and / or the legal guarantee. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address customerservice@bluxury.it.

1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.

1.6. The Site is dedicated to retail sale and as such is intended for the exclusive use of Consumers: subjects who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a person who cannot be qualified as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same:

1. the buyer will not be granted the right of withdrawal referred to in Article 10;
2. the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;
3. the buyer will not be granted any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
4. the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the Vienna Convention on the sale of goods.

1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale are sent by e-mail to the address stated by the same during registration on the Site or during the purchasing process.

2. Product features

2.1. The products are sold with the features described on the Site and according to the general conditions of sale published on the Site at the time the order is placed by the Consumer, with the exclusion of any other conditions or terms.

2.2. The Supplier reserves the right to make changes to these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will be applied only to sales concluded after that date.

2.3. The prices, the Products for sale on the Site and/or their features may be subject to change without notice. The Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.

3. Product purchase procedure

3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.

3.3. Orders are subject to the availability of the Products and acceptance by the Seller. The Seller reserves the right, at any time and at its sole discretion, to refuse an order, including, for example, in cases where:

1. the ordered Products are no longer available on the Site;
2. the Seller becomes aware of an error on the Site relating to the price and / or description of the Products;
3. the order cannot be executed due to an error in the information provided by the Consumer (by way of example information on payment, billing or delivery address);
4. the Seller has reason to believe that the order was placed by a minor.

The Seller also reserves the right to make partial deliveries and / or to limit the quantities of Products ordered by the Consumer to a number of Products that can reasonably be considered for domestic use. In this case, the Consumer will be charged only for the price of the Products delivered.

If the Seller is unable to fulfill an order, is only partially able, or intends to limit the quantity of Products ordered, the Seller will contact the Consumer via e-mail or telephone, as soon as possible and in any case within 30 (thirty) days from placing the order on the Site. Any payments already made by the Consumer will be promptly reimbursed by the Seller, with the same methods used by the Consumer for the payment of the Products.

3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Consumer’s order, the Seller's order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at customerservice@bluxury.it

3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail

4. Product selection and purchasing procedure

4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to

1. register with the Site, providing details as requested, or
2. where already registered, to login, or
3. to provide their details so that the order can be completed and the contract can be concluded.

If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made.

The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve the general terms and conditions of sale by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract.

During the check-out phase, the Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of sending the Order Confirmation from the Seller to the Consumer. In any case, the Order Confirmation and the dispatch of the Products will not take place before the Seller has obtained the authorization to debit the credit card from the bank or the card issuing institution or has received the payment in case by bank transfer.

4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address customerservice@bluxury.it

4.3. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:

1. cancel the order, the delivery of which will therefore not be carried out, by simultaneously sending a communication in this regard via e-mail, to the e-mail address indicated by the Consumer when transmitting the order
2. refund the amount to the Consumer for payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 30 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction;
3. pay in favor of the Seller, no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order

5.Delivery and acceptance of goods

5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the consumer has chosen bank transfer as payment method, delivery time will run from the receipt of the bank transfer by the Seller.

5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.

5.4 The risk of accidental loss or deterioration of the Products will transfer to the Consumer when the latter, or a third party designated by him and different from the carrier, materially comes into possession of the Products. However, the risk will pass to the Consumer upon delivery of the Products to the carrier, if the latter has been chosen by the Consumer, without prejudice to the Consumer's rights towards the carrier. For the purposes of passing the risk, the refusal or delay in the acceptance of the Products by the Consumer will be equated to delivery.

5.5 The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these general conditions of sale, failing which the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer reach their destination visibly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery "with reserve".

6. Prices, shipping costs, customs duties and taxes

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site

6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of products.

6.4. The Consumer accepts that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous par. 6.3, at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

7. Payments

7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.

7.2. Payments for orders placed on the Site can be paid for by credit card, or via Pay Pal or Amazon Pay at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.

7.3 If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card data will be sent in a secure manner, by means of an encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.

7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the "Swift" and IBAN codes indicated on the order confirmation, together with the order number.

7.5. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty

8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (Consumer Protection Code ), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.

8.2. Under penalty of forfeiture of this warranty, the Consumer has the duty to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending the Service to the Seller's Customers, by e-mail ad address customerservice@bluxury.it, the appropriate form correctly filled out, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, copy of the Order Confirmation sent by the Seller and / or the tax receipt / invoice). Alternatively, only up to 14 days from receipt of the Product, the Consumer may request intervention under warranty, providing the same information as above, by using the appropriate form in the reserved area of ​​the site.

8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the "Returned Product Code" Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned.

8.4. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address customerservice@bluxury.it the bank details for the latter to be able to transfer the refund.

9. Defective Products Liability

9.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N. 206/2005 - (Consumer Protection Code) are applicable to any damages caused by defective products. The Seller, in its capacity as distributor of the products on the Site disclaims all liability, without exclusions and/or exceptions, and shall refer the Consumer to the manufacturer of the product concerned.

10. Right of withdrawal

10.1 1 Notwithstanding the exceptions under art. 59 of the Consumer Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 10 (ten) days from

1. the day on which the Product is delivered or
2. if several Products on one order are delivered separately, from the date the last Product was received.

10.2 To exercise the right of withdrawal, the Consumer must inform bluxury.it, before the expiry of the term referred to in point 10.1 above, of his decision using the withdrawal form inside the package with which he received the Product / s. i that it intends to return and, in particular:

1. complete the RMA form with the details on the Product(s) he intends to return;
2. insert the completed form in the package used to return the Product(s) pursuant to the exercising of the right of withdrawal;
3. once the package is closed, apply the pre-printed adhesive label found on the form;
4. ) book a pick-up for the package with the courier indicated by the Vendor following the relative instructions. The Consumer is not obliged to state the reason he is returning the Product using the reason code on the RMA form chart in order to exercise his right of withdrawal.

10.3 As an alternative to the the procedure provided in section 10.2 above, the Consumer may in any case exercise the right of withdrawal by sending any explicit declaration to bluxury.it via the contact form or to the e-mail address costomerservice@bluxury.it or with any other modality, of its decision to withdraw using the attached withdrawal form.

10.4 On completing the requirements of paragraph 10.3 above, the Consumer will receive a withdrawal confirmation email, containing the RMA form to be included in the package, along with the instructions on how to return the product, to be sent within and no later than 10 days.

10.5 If the Consumer has received the product, he is required to return it without undue delay and, in any case, within 10 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the 10 day period has expired. The risks of returning the goods, as well as proof of this, will be borne by the Consumer. The direct costs of returning the goods will be borne by the Seller.

10.6 If the Consumer withdraws from this contract, a refund of all payments received will be effected, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) and, if paid in advance by the Consumer, the costs incurred to return the RMA Products, without undue delay and in any event no later than 10 days from exercising your right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.

10.7 If the Consumer withdraws from this contract, a refund of all payments received will be effected, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising your right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.

11. Intellectual Property Rights

11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of bluxury.it and / or its successors in title, without the Consumer having any rights over the same from accessing the Site and / or purchasing the Products.

11.2. The contents of the Site may not be reproduced, neither in whole nor in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of bluxury.it.

12. Protection of Consumer Personal Data

12.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by bluxury.it in accordance with and subject to the provisions of General Data Protection Regulation (GDPR) UE 2016/679 and Italian Legislative Decree no. 101/2018 as subsequently amended. The Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.  in qualità di autonomi titolari del trattamento, ognuno per i profili di propria competenza, nel rispetto del Regolamento UE 2016/679 e D.Lgs 101 del 10 agosto 2018 e s.m.i., per dare esecuzione a ciascun acquisto eseguito tramite il Sito e, previo consenso del Consumatore, per le eventuali ulteriori finalità indicate nella documentazione privacy fornita al Consumatore attraverso il Sito al momento della registrazione.

12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.

12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.

12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy and read the General Conditions of Use carefully.

13. Security

13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.

13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by PayPal which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.

14. Applicable law, settlements and jurisdiction

14.1. General Sales Terms and Conditions Any sales contracts signed between the Seller and the Consumer under these general sales conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with Legislative Decree no. 206 dated September 6, 2005 of the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.

14.2. In the event of a dispute between the Seller and the Consumer, we undertake to try to reach an friendly conciliation

14.3. If no settlement attempt is made, as under section 14.2, or the attempt is not successful, the Court of Milan is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Consumer's country of residence..