These terms and conditions apply exclusively between PODERI BORSELLI DI BORSELLI DAVIDE, sole proprietorship with registered office in Loc. Poderina in Montegiovi 58033 (GR), VAT no. 01442550537, tax code BRSDVD81H21D575Q, tel. 0564956546, e-mail shop@poderiborselli.com, hereinafter referred to as “PODERI BORSELLI DI BORSELLI DAVIDE”, and any person who makes online purchases on the website www.poderiborselli.com, hereinafter referred to as the “CUSTOMER”. These conditions are subject to change; the date of publication online corresponds to the date of entry into force.
These general terms and conditions govern purchases made on the website www.poderiborselli.com, in compliance with articles 50 et seq. of Italian Legislative Decree no. 206 of 6 September 2005, the Consumer Code, Section II of Chapter I of Title III of Part III, to which reference is made as provided for in article 60 of the Consumer Code.
Article 1 – Subject of the contract
By means of these general terms and conditions of sale, PODERI BORSELLI DI BORSELLI DAVIDE sells and the CUSTOMER purchases at a distance the services and tangible movable goods listed and offered for sale on the website www.poderiborselli.com. The contract is concluded exclusively via the Internet, through the CUSTOMER’s access to the address www.poderiborselli.com and the placing of a purchase order following the procedure provided for and guided by the site itself.
Article 2 – Conclusion and effectiveness of the contract
- The sale shall be deemed concluded once PODERI BORSELLI DI BORSELLI DAVIDE sends the CUSTOMER an order confirmation e-mail. The e-mail contains the CUSTOMER’s and the order details, the price of the goods purchased, shipping costs and the delivery address to which the goods will be sent. The CUSTOMER undertakes to verify the accuracy of the data contained therein and to promptly communicate any corrections.
- PODERI BORSELLI DI BORSELLI DAVIDE undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the website and the actual product may occur. Furthermore, the product photographs displayed on www.poderiborselli.com do not constitute a contractual element, as they are merely representative.
- PODERI BORSELLI DI BORSELLI DAVIDE undertakes to deliver the goods within 35 days starting from the day following the order confirmation by the CUSTOMER.
Article 3 – Product availability
- The availability of products refers to the actual availability at the time the CUSTOMER consults the product pages; this must in any case be considered purely indicative because, as a result of multiple users being present on the site at the same time, the products may be sold to others before the order is confirmed.
- Even after the order confirmation e-mail has been sent by PODERI BORSELLI DI BORSELLI DAVIDE, cases of partial or total unavailability of the goods may occur. In this event, the CUSTOMER will be promptly informed and may decide whether to accept delivery of only the available products or to request cancellation of the order by notifying customer service by e-mail.
Article 4 – Payment methods
- Any payment by the CUSTOMER may only be made by means of the payment systems indicated on the website www.poderiborselli.com. For payments made by credit card, if the unavailability of a product is detected after the order has been registered and the amount has been authorised on the card, PODERI BORSELLI DI BORSELLI DAVIDE will take the necessary measures with the payment operator to reverse the transaction relating to the unavailable goods. The actual charging of the order amount will occur only when the order is complete and ready for shipment. Payments may also be made using a gift card and loyalty voucher.
- Communications relating to the payment and the data provided by the CUSTOMER when payment is made take place on dedicated protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment networks.
Article 5 – Prices
- All sale prices of the products displayed and indicated on the website www.poderiborselli.com are expressed in Euro and are inclusive of VAT.
- Shipping costs are not included in the purchase price but are indicated and calculated at the end of the purchase process before the payment is made.
- The CUSTOMER accepts the right of PODERI BORSELLI DI BORSELLI DAVIDE to modify its prices at any time; however, goods will be invoiced on the basis of the prices indicated on the site at the time of the order and confirmed in the e-mail sent by PODERI BORSELLI DI BORSELLI DAVIDE as confirmation of the receipt of the order.
Article 6 – Right of withdrawal
- In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 15 days provided for by law, starting from the date of delivery of the products.
- If the CUSTOMER decides to exercise this right, they must do so by accessing the personal area on the website and proceeding with the creation of an online return procedure. The goods must be returned to PODERI BORSELLI DI BORSELLI DAVIDE at Loc. Poderina, Montegiovi – 58033 (GR). By law, shipping costs relating to the return of the goods are borne by the CUSTOMER, except where a free-return promotion is in progress. The goods must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation) and complete with the related tax documentation. Without prejudice to the right to verify compliance with the above, PODERI BORSELLI DI BORSELLI DAVIDE will refund the amount of the products subject to withdrawal as soon as possible and in any case within a maximum term of 30 days.
- In the event of receipt of products not conforming to the order or defective, the CUSTOMER must notify customer service by e-mail within the term provided for from the discovery of the lack of conformity. The customer must then proceed with the creation of a return through their personal area on the website or by e-mail to the address shop@poderiborselli.com. PODERI BORSELLI DI BORSELLI DAVIDE will contact the courier who, subject to availability, will collect the goods if the return conditions are met. PODERI BORSELLI DI BORSELLI DAVIDE reserves the right to verify the disputed non-conformity and, if confirmed, will arrange for the shipment of replacement goods or a refund credited to the card used by the customer for the purchase.
Article 7 – Delivery methods
- PODERI BORSELLI DI BORSELLI DAVIDE will deliver via express courier to the address indicated by the CUSTOMER at the time of the order within 30 days from receipt of payment and the relevant confirmation, except in cases where the shipment must be made to non-EU countries and countries where shipments require a delivery time of more than 30 working days.
- For each order placed on the website www.poderiborselli.com, PODERI BORSELLI DI BORSELLI DAVIDE issues a tax receipt with an attached proforma invoice for non-EU shipments. The invoice must be requested at the time of purchase with all fields filled in. The shipped material is available and printable by accessing the CUSTOMER’s personal area after the order has been processed. For the issuance of the invoice, the information provided by the CUSTOMER during the purchase procedure is binding. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
Article 8 – Liability
- PODERI BORSELLI DI BORSELLI DAVIDE assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, including those depending on malfunctions and disruptions of the Internet network, in the event that it is unable to execute the order within the time set out in the contract.
- The availability of each item is provided for indicative purposes only, is not of a contractual nature, and no liability can be attributed to the seller in the event of unavailability of one or more products.
Article 9 – Access to the website
The CUSTOMER has the right to access the website for consultation and to make purchases. No other use of the site or its content, in particular for commercial purposes, is permitted. The integrity of the elements of this website, whether audio or visual, and the related technology used remain the property of PODERI BORSELLI DI BORSELLI DAVIDE and are protected by intellectual property rights. The CUSTOMER declares to be of legal age, i.e. at least 18 years old, failing which the product will not be delivered without any right to a refund of the shipping and recovery costs, which will remain charged to the CUSTOMER. At the time of delivery, the courier will verify their age by checking an identity document.
Article 10 – Cookies
The website www.poderiborselli.com uses cookies. Cookies are electronic files that record information regarding the CUSTOMER’s browsing on the site and which allow PODERI BORSELLI DI BORSELLI DAVIDE to offer an increasingly personalised service to its customers.
Article 11 – Entire agreement
These General Terms and Conditions of Sale consist of all the clauses making them up. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such pursuant to law, regulation or following a decision by a court of competent jurisdiction, the other provisions shall continue to have full force and effect.
Article 12 – Applicable law and competent jurisdiction
These General Terms and Conditions of Sale are subject to Italian law. Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the Court of Grosseto (GR).