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Terms and Conditions

1. Background

These general conditions of sale (the "Terms") govern the purchase of the products by electronic means (hereinafter referred to as the "Product" or "Products") offered by Buru Buru Srl based in Florence, Via Fra Giovanni Angelico, n. 4r, VAT no. 06343330483 ("Buru Buru") through its website www.buru-buru.com ("Site") to users of the Site ("User / s" or "Customer / s"). Any purchases made by customers that qualify as consumers (i.e. natural persons acting for purposes which are outside his trade, business, craft or profession) will be governed by the provisions of Legislative Decree n. 206/2005 ("Consumer Code"), while purchases made by customers that do not qualify as consumers, a term not limited to dealers, wholesalers, retailers, and professionals who are not buying for personal use, the purchases will be governed by the rules of the Italian Civil Code. Buru Buru reserves the right to modify all or part of these Terms and Conditions at any time by notifying the users by e-mail or through the Site, with a notice of at least 30 days if they are to change the mode of use of the Products by the Users. Users are therefore advised to consult the Site periodically in order to stay informed about the conditions applied. It is understood that the use of the Site following such modifications implies the tacit acceptance of the same. Each purchase will be governed by the General Conditions in the version published on the site at the time of the transmission of the purchase order by the Customer. These terms do not regulate the sale of products and / or the provision of services by persons other than Buru Buru that are present on the site through links, banners or other hypertext links. Before carrying out commercial transactions with these individuals it is necessary for the user to verify their sales conditions. Buru Buru is not responsible in any way for the provision of services and / or sale of products by these parties, nor for the contents of their sites including any errors and / or omissions and / or violations of the law committed by the them.

 

2. Registration

The purchase of products offered on the site is made accessible after the registration procedure by the customer in order to create their own account ("Account"). Registration on the site is free. Registration is not required to purchase. Users who register on the site need to provide some personal information, and follow all the steps in the procedure on the site. Upon registration the User will be required to enter their name, email address and password (hereinafter "Credentials Registration" ). Registration is confirmed by Buru Buru by e-mail sent to the address provided by the User at registration.
The User agrees not to transfer their Registration Credentials to third parties even temporarily, and to store them with due care, diligence, and secrecy under their own responsibility, as the they are the only means to identify the User and to validate their access to the Site. The User is therefore advised that all acts performed through the use of the Registration Credentials, will be attributed to them and will be binding. The User is obliged to immediately inform Buru Buru of any unauthorized use or misuse of their Registration Credentials or to report any violations by third parties. If Buru Buru discovers any violations, they may prevent access to the Site at their discretion , to permanently delete the information contained in it, or refuse to open new accounts by the same User.
At any time the User may update and / or edit, or request the deletion of information released during the registration. In the case of a cancellation request however, Buru Buru may temporarily maintain this information, in whole or in part, for the sole purpose of carrying out the purchases made and / or being able to conclude the accounting and tax procedures.

 

3. Conclusion of the Contract

The presentation of products on the Site constitutes an invitation by Buru Buru to its Members to formulate a direct offer. These offer invitations are not binding for Buru Buru, and in particular, are not offered to the public pursuant to art. 1336 of the Italian Civil Code, and every decision to accept an eventual proposal is at the full discretion of Buru Buru.
The customer can select one or more products which they plan to purchase and place them in a virtual "shopping basket", the contents of which can always be visualised before proceeding with the order. Clicking on the "Checkout" button will initiate the procedure for processing the order.
The order placed by the Customer on the Site must be completed in all its parts and is not binding on Buru Buru until such time as Buru Buru sends an order confirmation via e-mail to the Customer. The order confirmation will contain the list of products purchased, their prices, the shipping costs, the date of delivery, and the general and specific conditions applicable to the order itself.
Buru Buru has the right to accept or refuse orders received, and in case of rejection, the customer cannot lay claim or claims against Buru Buru in any way. The order will be considered, in any case, accepted and consequently the contract concluded at the time that the customer receives the order confirmation e-mail from Buru Buru. It is understood that no contract will be concluded, without the User accepting the terms and conditions electronically during the purchase process.

 

4. How to Purchase

The offerings on the site are available in limited duration for a limited number of products. The date of the validity of the offers is indicated on the site. All prices on the site are expressed in Euro (€) and include VAT. This amount will be shown separately for each product on both the order form and the order confirmation e-mail.
The products will remain the property of Buru Buru until payment of the purchase price and shipping costs by the customer. Buru Buru will proceed with the purchase order only after receiving confirmation of payment authorization for the total amount due as specified in the order.
The customer buys the product, the characteristics of which are illustrated on-line on the Website on their respective pages of descriptions and technical specifications, at the price specified therein, to which are added the shipping charges which vary depending on the product chosen and are specified on the Site. Before the purchase order is processed, the unit cost of each product chosen, the total cost in the case of a purchase of more than 1 product, and the related shipping fees are summarised.
In the case of sales with promotional discounts applied by Buru Buru, the full price indicated in the offer may correspond to: (i) list price to the public indicated by the supplier; (ii) the results of market surveys.

 

5. Payment

The Customer can make the due payment by credit card. Buru Buru accept the credit cards of VISA, MASTERCARD, AMERICAN EXPRESS, VISA ELECTRON, POSTEPAY, AND AURA.
Sensitive information is processed with SSL (Secure Sockets Layer), the safest and most internationally diffuse, in order to protect the Customer.
The Customer can take advantage of paying with PayPal, which ensures the confidentiality of the personal data provided.
The Customer hereby guarantees the availability of the necessary sum on their credit card, undertaking not to make purchases for amounts not available on the credit card.
Buru Buru does not use nor keep the data related to payment (e.g. credit card numbers) that Clients used to purchase products, and such information is used exclusively by the suppliers of the payment service. The actual payment is in fact only made after transferring the customer to a secure page encrypted by the banking service. Only after a transaction has occurred, does the service provider bank communicate to Buru Buru the outcome of the payment, without giving any information regarding the credit card used. For this reason, Buru Buru has no power over the possible rejection of a credit card used for payment. Buru Buru can not therefore be held liable in any way for direct or indirect consequences arising from the use of credit cards by the Customer to perform the purchase of the Products.
Alternatively payment can be made by bank transfer.
In case of failure to pay within 7 days of confirmation of the order by Buru Buru, the same has the right to cancel the order.
On the occasion of the first purchase, Users will be asked to communicate the data necessary for the receipt. If an invoice is deemed necessary, the customer is required to communicate this request at the moment of the purchase process. If the request for the issuance of an invoice is carried out at a different time from the same solar day of the order, it can not be honored by Buru Buru.
In case of non-payment, Buru Buru will charge the costs related to the management of outstanding Customers, and will reject the purchase order, communicating by e-mail.

 

6. Availability of Products

In the event that one or more products ordered are unavailable, Buru Buru advises the customer and proceeds with the partial delivery, reimbursing the amount for the product/s which were unavailable and the relevant shipping costs. The customer can not claim damages or compensation in addition to those legally owed on those products which had become unavailable.
The Customer acknowledges and agrees that the availability of products on the site is not updated in real time and can change during the course of the same day also due to the possibility of a simultaneous access to the site by multiple customers.

 

7. Delivery of Products

Buru Buru only accepts orders for delivery to the following areas: Italy, Austria, Benelux, Bulgaria, Denmark, Finland, France, Germany, Great Britain, Greece, Ireland, Poland, Portugal, The Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, and Hungary. The shipment of the product is made within the time limit specified in the conditions of the offer.
Buru Buru uses different couriers carefully selected based on the volume of products to be delivered and the geographic location, such as for example BRT, TNT, FedEx, Arco, and Artoni.
It is not possible to guarantee a date or a specific time of delivery as this depends on the courier, the destination address, and the subject delivery charge. Buru Buru is therefore not liable for any direct or indirect consequence resulting from these timings. The delivery of the order means at street level, unless otherwise agreed upon with the carrier.
In any case, upon delivery of the goods by the courier, the Customer is be required to verify that the package is not damaged, or otherwise altered, including the sealing materials (adhesive tape or strapping). Any damage to the package and / or the Product must be immediately communicated by the User in writing on paper to the delivery courier (specifying the reason for the complaint, e.g.. "Package unsealed", "Package crushed", etc.). Once this document has been signed, the user can no longer make any objections about the characteristics of the goods. Any eventual problems concerning the physical state, correspondence, or completeness of the products received must be reported within 7 days of delivery by writing an e-mail to: [email protected]
In case of failure to deliver the goods within the timeframe specified, the user is required to notify Buru Buru, that will then check on the shipping status and any eventual anomaly directly with the carrier.
Buru Buru will in no case be held responsible for delays, defects, or deviations depending on events outside its reasonable control such as, but not limited to: (i) acts of God; (ii) events caused by third parties such as interruption or malfunction of the services of telecommunication operators and / or electric power lines or acts or omissions of carriers or shippers.
In case of impediments to the delivery due to force majeure, Buru Buru will contact the customer via email to inform them of the delivery delay.
In order to ensure a better service to the customer for shipments of large or bulky products, the courier can contact the customer by telephone in order to make an appointment for delivery of the Product.

 

8. Retrieval of Products in Case of the Absence of the Customer

In the case of non-delivery to the recipient because of the Customer's absence at the address specified in the order, the courier will leave a notice to certify the delivery attempt. Once notified, we will provide the data that the customer can use to contact the carrier either to set a date for a second delivery attempt, to find out the address of the nearest branch of the courier, or to arrange the retrieval from a local office.
If within three (3) days, the recipient has not have taken steps to re-contact the carrier in any way to define a method of pickup or delivery, the package will remain in storage at the courier for 30 days. The courier is entitled to request that the Customer pay a flat rate of daily expenses for that period.
If no action is taken during the period of storage, the product will be returned to the sender and the contract will be terminated. Buru Buru will reimburse the sum paid by the customer, net of the cost of shipping the product that was not successful, the storage costs and so on.

 

9. Ensuring Product Compliance

The products are covered by the legal guarantee of conformity provided for in art. 128 to 135 of the Consumer Code ("legal guarantee"), this guarantee is for the the Customers.
The description of the products offered on the site is that which the suppliers, under their own responsibility, have communicated to Buru Buru. The images and colors of the Products published on the Site may differ from their actual appearance due to the local settings of the computer systems and / or the tools used for their visualization. Buru Buru is not responsible for any mismatch between the Product published on the Site and the Product ordered, if the mismatch results from errors in the description given by the supplier and of which Buru Buru was not aware and could not have been so by using normal due diligence.
Buru Buru is liable to the consumer for any lack of conformity of the Product which exists at the time of delivery or which may occur within two years from that delivery. The defect must be communicated to Buru Buru, under penalty of forfeiture of the guarantee, within two months from the date when it was discovered by sending an email to the following address: [email protected]

 

10. Defective Products

In case of lack of conformity of the Products purchased, as compared to their publication on the Site, the User has the right to repair or replacement the Product at no additional charge if this is possible in relation to the number of products still available and if the replacement or repairs are not excessively onerous in relation to the value of the asset. Alternatively the Customer has the right to cancel the contract or receive a reduction in price.
Unless proven otherwise, it is assumed that a defect or lack of conformity that has become apparent within six months of delivery of the product, already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. To take advantage of the legal guarantee, the User must then provide proof of the date of purchase and the delivery of the product.
Products which have been repaired, modified or altered in any way by the User are excluded from the legal guarantee. Also excluded from the scope of the legal guarantee are any failures, malfunctions or other defects caused by accidental events for which the User is responsible or by use of the Product not in accordance with its intended use and / or as provided in the documentation sheet attached to the product, if any, or the instructions of use relating to the same. The conventional guarantees relating to products sold are those provided by the manufacturer.
The Products purchased on the Site are subject to the discipline on the sale of consumer goods.

 

11. Return Policy

The User who requires a service for purposes unrelated to their profession has the right to terminate the purchase contract concluded with Buru Buru without penalty and without giving any reason, within 14 working days from the day of receipt of the Product purchased on the Site pursuant to art. 52 paragraph 1 of the Consumer Code. In this regard the date on the delivery note constitutes full proof of receipt.
Returns may be exercised by the customer, in accordance with art. 54 paragraph 1 of the Consumer Code, using the Return Form set out in Annex I, Part B of the Consumer Code, or using the Return Form downloadable in the "Returns" section of the site at the following address: https: //www.buru -buru.com/media/zip/recesso/modulo-di-recesso.pdf, or by presenting any other unequivocal statement of its decision to terminate the contract in a letter to be sent to / r, in Buru Buru Srl, Via Fra G . Angelico 4r, 50100 Florence, tel. 055 0351350 or by e-mail at [email protected] The letter and/or the email must contain the product description and the order number. The burden of proof as to the proper exercise of the right to a return in accordance with the above procedure, is borne by the User.
Following the proper procedure for a return, unless Buru Buru fails to collect the product directly, the user has the responsibility to return the product without undue delay, and in any event within 14 days from the date on which the user communicated to Buru Buru its decision to terminate the contract, in accordance with art. 54, c. 4 to: PVS SERVICES ITALY SRL, c / o May Young ScpA May / WAR. No. 3, Via Dell'Artigianato 2 / a - Q.re Spip, 43122 Parma, Italy; REFERENCE: Buru Buru. The User must apply the document, that can be downloaded from their Account, if available, which has already been mentioned and contains the shipping address and original order information, onto the outside of packaging in a visible way in order to track the return destination. The User is recommended to place a copy of this document inside the package also, in order to prevent loss or the inability to identify the return once the item has been returned to the warehouse. The costs of shipping the goods will be charged to the User, except in the case that Buru Buru has failed to inform the User about the time of the conclusion of the contract, in accordance with Art. 57 paragraph 1 of the Consumer Code.
Buru Buru reserves the right to verify that the product, of which the user is solely liable pursuant to art. 57 paragraph 2 of the Consumer Code, is in the same state in which it was delivered, or that the product was not altered from its original status, preservation, and to the extent possible, also its original label and packaging. In the case that this is not available, the user will be required to return the Product properly packaged, so as to preserve its integrity.
It is understood that the right to a return, in accordance with Article 59 letter C of the Consumer Code, is excluded in the event that the Customer has purchased a tailored or clearly customized product from Buru Buru which was created following the Customer's specific order ("Custom Product"). Therefore Custom Products can not be the subject of return, reimbursement and / or replacement.

 

12. Refunds

In view of a cancellation, the customer is entitled to a refund for the amount paid as the price of the Product / s, including shipping and delivery costs without undue delay to be made as quickly as possible and in any event no later than 14 days from the date of notice of cancellation (except for any additional costs arising from the possible choice of a type of delivery other than the less expensive than standard delivery type offered by Buru Buru). In view of a cancellation, it is possible for the customer to exchange the Product with another or receive credit notes from Buru Buru.
Refunds will be made through the same means of payment used for the initial transaction, unless the parties have expressly agreed otherwise. Refunds may be suspended until receipt of the goods. The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic, and functioning of the goods.
In the case of a partial refund, only the price of the returned Products will be refunded. Also in this case, the Customer who during the initial order had benefited of free shipping for meeting a minimum order value, may be charged for shipping costs corresponding to the new order if it is under the minimum purchase amount required to obtain free shipping.

 

13. Termination clause Expressed

In the case of failure to pay all or part of the purchase price of a Product, Buru Buru reserves the right to declare this contract resolved by sending a written communication to the e-mail address of the Customer, according to Art. 1456 of the Civil Code.

 

14. Complaints

For any complaint or request for further information, the Customer must send an email to: [email protected]. The customer will be contacted for clarification within 3 working days of the request.

 

15. Reference

Although not expressly provided in this agreement, the rules of Italian law apply.

 

16. Intellectual Property Rights

The contents of the site and any other material in any format published on the Site - including but not limited to: images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, patterns, tools, fonts, web design, diagrams, layouts, methods, processes, functions, and software are protected by copyright and are the intellectual property of Buru Buru and the other rights holders. In addition, the production, modification, duplication, copying, distribution, sale, or other uses of the images, or the content of the Site is prohibited, unless previously authorized by Buru Buru. Any use of the website contents for commercial and / or advertising is also prohibited.
All the other signs that distinguish the products sold on the Site are trademarks of their respective owners and are used by Buru Buru under license for the sole purpose of distinguishing, describing, and advertising its products on the Site. Their unauthorized use is prohibited.

 

17. Treatment of Personal Data

Buru Buru states that personal data, personal and fiscal acquired verbally with respect to our business relationship, provided directly by the parties, or otherwise acquired as part of the company, will be handled in accordance with regulations and called for the purposes mentioned above, including the obligations of confidentiality proposed by them pursuant to art. 13 of Legislative Decree 196/2003. These rights may be exercised in relation to the above decree under Article 7 LD. 196/2003. Buru Buru uses cookies, the policy of which is visible at the following address [A1]: https://www.iubenda.com/privacy-policy/200819/cookie-policy.

 

18. Electronic Signature

The "validation click" constitutes an electronic signature, which assumes the same value between the parties as a handwritten signature.

 

19. Completeness of the Contract

These Terms constitute the entirety of the obligations of the parties.
No other general or specific condition communicated by the customer may enter or be outside of these Terms.

 

20. Nullity

Should one or more provisions of these Terms be considered invalid or declared such pursuant to a law, regulation, or following a final decision taken by a competent jurisdiction, the other provisions will retain their full force and value.

 

21. Customer Service

For any technical and / or administrative problems Buru Buru can be contacted at the following address:
e-mail: [email protected]
Phone: 055 0351350 Monday to Friday from 9:30 AM to 12:30 PM and 2:30 PM to 6:30 PM

 

22. Law and Jurisdiction

These Terms shall be governed in all respects by the Italian law. Any dispute concerning the interpretation, execution, and / or termination of the contract between the Customer and Buru Buru will be handled by the Judge of the place of residence or domicile of the User, if considered a Customer in accordance with current laws. If instead the User is a professional, the matter will be handled by the Court of Florence.