General conditions of use and sale

DEFINITIONS:
the Site: means the site https://www.blu-milano.it/
the Seller: means BluMilano Srl
the User: a person who proceeds, by means of a telematic connection, to the transmission/reception of data to and from the Site and to the display of contents on the Site
The Customer: The User who has finalized a purchase on the Site.
The Consumer: User is a natural person who purchases on a personal basis and acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out

SECTION I) – GENERAL CONDITIONS OF USE OF THE SITE

1. The User acknowledges and expressly authorizes the Seller and its suppliers to record, analyze and use the flow of data entering the Site, including, by way of example and not limited to: IP address, browser, operating system, pages viewed, apps, information on the mobile network and telephone number, reports on abnormal navigation interruptions, etc.

2. For the processing of the above data, please refer expressly to the specific section Browsing data of the privacy policy pursuant to GDPR 2016/679.

3. All trademarks, models, drawings, graphic representations, photographs and more generally any presentation and representation of the products are the intellectual property of the Seller. The User undertakes not to duplicate, extract, copy, modify and/or use in any way said intellectual property, limiting himself to the mere consultation and navigation of the Site.

4. The Seller reserves the right to modify at any time, without prior notice, the functionality, architecture and graphic design of the Site.

5. All products and services for which it is not possible to select the “Add to cart” icon (in the case of Products available for pre-order), must be considered not available for sale, with the express exclusion of any liability on the part of the Seller.

SECTION II) – GENERAL CONDITIONS OF SALE

Part One – Conclusion of the Sales Contract
6. The publication of products and services on the Site or via mobile applications constitutes an invitation to offer.

7. Each order sent by the Customer via the Site expressly and conventionally constitutes a purchase proposal addressed by the Customer to the Seller. Even if the products and services can be ordered cumulatively, each product and service for which the Customer has forwarded an order to the Seller is expressly and conventionally intended to be the object of an independent contract, so that if one or more products ordered cumulatively are not available, the Customer will remain bound to his proposal for the available products.

8. To proceed with the order, the Customer must fill out the registration form on the Site and/or select the products or services in the appropriate sections of the Site. The Customer is exclusively responsible for the correctness and accuracy of the data transmitted to the Seller via the Site, holding the latter expressly indemnified and harmless for any errors, delays and/or failure to perform the contractual services that may result from the transmission of incorrect or inaccurate data.

9. After receiving the order, the Seller will automatically send the Customer an email confirming receipt containing a summary of the goods and services ordered, the price, delivery costs, taxes, duties and, in general, all elements suitable for a timely identification of the order sent by the Customer, in addition to the Customer's data and shipping address. The Customer expressly undertakes to verify the accuracy and correctness of the data reported in the order confirmation and, in the event of an error, undertakes to promptly communicate the changes to ecommerce@blu-milano.it . This communication constitutes acceptance of the order by the Seller.

10. The Seller has the right to accept or refuse orders placed by the Customer via the Site, without failure to accept the order constituting any liability on the part of the Seller, not even on a pre-contractual or extra-contractual basis.

11. The sales contract between the Seller and the Customer will be deemed to be concluded only upon receipt by the Customer of the order acceptance email.

12. The Customer will have the right to cancel and modify the order on the Site before receiving the order acceptance by the Seller, after which time he/she will have to contact the Seller's customer service.

13. After the order has been accepted, the Seller will communicate to the Customer via email when the products will be shipped and the relevant link to track the shipment. If collection on site is foreseen, the Seller will communicate via email when the products are available for collection.

14. The status of each order can be viewed by the Customer on the Site in the “My Orders” section through the links in the Seller's order acceptance emails.

15. Each sales contract will be archived by the Seller through an electronic system and may be viewed, if necessary, both by the Seller's employees and by any third parties used by the Seller to execute the sales contract. For the processing of this data, please refer expressly to the specific section of the privacy policy.

Part Two – Product Availability
16. The prices published on the Site include VAT and do not include any taxes, duties and charges applicable in the country of destination of the Products and/or Services where this is different from Italy.

17. The cost of each shipment must be added to the price of the individual product, the amount of which may vary based on the delivery and payment method, as well as in relation to the country of destination. The total amount due for the selected products will be clearly indicated and communicated to the Customer, before the conclusion of the sales contract.

18. The prices shown on the Site are subject to possible variations and/or modifications by the Seller without any obligation to give prior notice to the Customer. The prices in force at the time of receipt of the order will apply to sales contracts concluded before the publication of the aforementioned modifications, but still in progress.

Part Three – Payment Methods
19. Payments pursuant to sales contracts must be made in advance and according to the payment methods proposed online by the Seller (credit card, Paypal, etc.).

20. The Seller reserves the widest power regarding the prevention of computer fraud, including that of asking the Customer, at any time, to send additional information and/or documents proving ownership of the credit card used to complete the sales contract. If the Customer does not comply with the requests, the Seller reserves the right not to accept the order, or to terminate the sales contract completed, giving timely notice to the Customer at the email address indicated in the order, by simply indicating the desire to avail of this express termination clause.

21. The Customer, until the order is confirmed, will have the possibility to:
1. cancel the order or the individual products or services indicated in the order without any refund being given;

2. add new products and/or services to the order, or modify the order.

Part Four – Delivery of Products
22. All shipments of the Products will be at the risk of the Seller.

23. In cases of force majeure, unavailability of means of transport, unforeseeable events, the Customer grants the Seller the right to withdraw from the sales contract or, alternatively, the right to split, postpone or cancel, in whole or in part, the expected delivery, where such events make deliveries difficult or impossible and/or cause a significant increase in their cost to the Seller. In such cases, it will be the Seller's duty to provide timely communication of its decisions to the Customer's email address. In such cases, the latter will have the right to obtain the refund of any price paid, excluding any further claim or compensation, for any reason, against the Seller.

Part Five – Consumer Rights
24. In the event that the Customer is a Consumer pursuant to the legislation in force at the time of conclusion of the sales contract, the following additional conditions will apply to the aforementioned contract.

25. In accordance with the provisions of the Consumer Code (Legislative Decree 206/2005), the Consumer has the right to withdraw from the purchase without any penalty and without specifying the reason. To this end, he/she must send a communication to the Seller via email or – alternatively – via fax or registered letter with acknowledgement of receipt, to be sent within 14 days of receiving the products and/or services for which he/she intends to exercise the withdrawal. The Consumer can use the return form found in the FAQ.

26. The return of the products subject to withdrawal must be carried out, at the Consumer's expense, by means of a courier of his/her choice, to the Seller's address.

27. For the valid exercise of the right of withdrawal, the Consumer must comply with the following conditions and methods:

1. the withdrawal may also be applied only to individual products which are the subject of a cumulative order, without prejudice to the fact that the Consumer may not exercise the withdrawal only in relation to a part of the individual product purchased;

2. all products for which the Consumer has exercised the right of withdrawal must be intact and in perfect condition;

3. if the product for which the right of withdrawal has been exercised reaches the Seller damaged, the latter will be authorised to retain the entire purchase price, undertaking to collaborate loyally with the Consumer so that the latter is placed in a position to assert his rights against the courier chosen for the return of the products.

28. The Seller will not be liable in any case for damage, theft or loss of products subject to return, until the same have been returned. All risks will therefore be borne exclusively by the Consumer.

29. Once the integrity of the returned product has been verified, the Seller will proceed to

reimburse the Consumer for the entire amount paid for the products and/or services referred to in the sales contract subject to withdrawal, within and no later than 30 days from receipt of the same. The reimbursement will normally be made using the payment method used for the purchase, or in the forms agreed between the parties.

Part Six – Returns, Communications and Complaints
30. If the Customer detects any discrepancies between what was ordered and what was received, and in particular, if he/she finds any problem concerning the physical integrity, correspondence or completeness of the products received, he/she must promptly inform the Seller. The latter will provide the necessary information to resolve the problem and, where possible, to ship the missing items, replace the defective items or refund them. In no case will the Customer be required to return defective items or items received by mistake at his/her own expense.

31. All communications or any complaints towards the Seller must be addressed to ecommerce@blu-milano.it indicating in the subject the order number and the reason for the report (e.g. “incorrect item”, “defective item”).

32. Alternatively, the Customer may send a letter addressed to the Seller.

Part Seven – Final Provisions
33. The Customer declares and acknowledges that all trademarks, designs, models, distinctive signs, intellectual works, software and databases, or any other intellectual and industrial property rights accessible from and/or reproduced on the Site in any way and/or form, including the Seller's trademarks, are the exclusive property of the Seller or the Seller is the legitimate licensee thereof. The Seller is not liable, however, for the intellectual property rights relating to the products and/or services on sale whose owners are expressly indicated therein. Any use of intellectual property rights in any way and/or form, in whole and/or in part is prohibited.

34. For the regulation of the processing of personal data by the Site, please refer to the specifically dedicated area of ​​the Site, reachable at the following address: https://www.blu-milano.it/privacy.html

37. These general conditions are governed by Italian law as are each sales contract and are subject to Italian jurisdiction.

38. Any dispute relating to the general conditions or sales contracts will be devolved to the exclusive jurisdiction of the Court of Pavia.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he has read, understood and wishes to accept all the clauses of these "General Conditions of Sale".

Document updated on November 25, 2024