Terms and conditions of sale
GENERAL CONDITIONS OF PURCHASE
Blessed You Milan
This document (together with the documents referred to herein) contains the conditions governing the use of this website (www.beatotemilano.it) and the purchase of the articles contained therein (hereinafter referred to as the "Conditions").
If you have any queries, concerns or questions regarding the Data Protection Terms and Policies, please contact us using the contact form provided.
- OUR DATA
The sale of Gift Cards through this website is managed by Femal S.r.l., with registered office in Milan, Via Sant'Anatalone 16 20147, Tax Code and VAT No. 09158170960, REA No. MI-2072790, share capital € 10,000.00, telephone number 02 8457 1533
e-mail address firstname.lastname@example.org, contact details can be found in the 'contacts' section of this website www.btmilano.eu
- YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by you will be processed in accordance with the Data Protection Policy. By using the website, you authorise us to process such information and personal data and you represent that all information and/or personal data provided to us is accurate and true.
- USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
- make use of the website only to make legally valid consultations or orders;
- not to place false or fraudulent orders. If we have plausible grounds to believe that an order of this nature has been placed, we shall be entitled to cancel it and inform the relevant authorities;
- provide us with your e-mail address, postal address and/or other contact details truthfully and correctly. Likewise, you consent to our use of this information in order to get in touch with you (if necessary, please read the Data Protection Notice).
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal authority to enter into binding contracts.
- SERVICE AVAILABILITY
The items offered through this website are only available for delivery on Italian territory.
- HOW THE CONTRACT IS CONCLUDED
The information in these Terms and the details contained on this website do not constitute an offer to the public but merely an invitation to make a contractual offer. No contract will exist between you and us in relation to any Gift Cards until your order has been expressly accepted by us. If your offer is not accepted and a debit has already been made to your account, the amount of the debit will be returned to you in full.
To place an order, you must follow the online purchasing process and click on "Pay with Paypal". You will then receive an e-mail confirming receipt of your order (the "Order Confirmation"). It is understood that this will not imply acceptance of your order as it constitutes an offer by you to us to purchase one or more Gift Cards. All orders will be subject to our approval. The details of your order will be set out in the accompanying electronic receipt. The contract for the purchase of a product between us and you (the "Contract") will only be concluded when we send you the product.
Only the Gift Cards indicated in the Dispatch Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any other products that have not been ordered.
- AVAILABILITY OF GIFT CARDS
All orders for Gift Cards are subject to availability. Accordingly, in the event of supply problems or if we do not have any items in stock, we reserve the right to provide you with information about replacement Gift Cards of equal or higher quality and value, which you may choose to order. If you do not wish to place an order for such replacement Gift Cards, we will refund any sums already paid by you.
- REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on it. Whilst we will always endeavour to fulfil all orders, there may be exceptional circumstances which require us to refuse to process orders after the Order Confirmation has been sent and we reserve the right to do so at any time.
We shall not be liable to you or to any third party for the removal of any product from this website, for the deletion or modification of any material or content on the website, or for any failure to process your order after the Order Confirmation has been sent.
Without prejudice to the provisions of Article 7 above and save in the event of extraordinary circumstances, we undertake to use our best endeavours to dispatch the order for the product(s) specified by the date indicated in such Confirmation of Dispatch or, if no delivery date is specified, by the estimated delivery date when selecting the delivery method and, in any event, within a maximum period of 30 days from the date of the Order Confirmation.
However, delays may occur for various reasons such as customisation of Gift Cards, unforeseen circumstances or delivery area.
The gift card will be sent by the date indicated at the time of order.
If for any reason we are unable to meet the delivery date, we will inform you and give you the options of continuing with the purchase and setting a new delivery date, or cancelling the order and refunding the full amount paid. Please note that home deliveries are not made on Saturdays and Sundays,
For the purposes of these Terms and Conditions, "delivery" shall be deemed to have taken place or the order "delivered" upon acquisition by you or a third party designated by you of the physical availability or otherwise control of the Gift Cards, which shall be evidenced by signing the order receipt at the agreed shipping address.
9.1 IMPOSSIBILITY OF DELIVERY
If it is not possible for us to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. If this is the case, we will leave you a notice stating the location of your order and how we can arrange a new delivery. If you are unable to be at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
If delivery cannot take place for reasons beyond our control after 30 days from the date on which your order is available for delivery, we will assume that you wish to cancel the Contract and we will cancel the Contract. Upon termination of the Contract, we will return to you all sums paid by you, including delivery costs (excluding any additional costs arising from your choice of a delivery method other than the standard delivery method offered by us) without undue delay and in any event within 14 days of the date of termination of the Contract.
Please note that the transport resulting from the termination of the contract may have additional costs that will be borne by you.
- TRANSFER OF RISK AND OWNERSHIP OF GIFT CARDS
The risks relating to Gift Cards shall be borne by you as soon as they are delivered.
You shall acquire ownership of the Gift Cards as soon as we have received full payment of all amounts due in respect thereof, including shipping costs, or at the time of delivery (as defined in article 9 above), if this occurs at a later date.
- PRICE 11.1 Price
The price of Gift Cards will be as stated on our website from time to time, except where there is an obvious error. Whilst we make every effort to ensure that all prices displayed on the website are correct, errors may occur. If we find any errors in the price of Gift Cards you have ordered, we will inform you as soon as possible and we will inform you as soon as possible.
We will give you the option of reconfirming your order at the correct amount or cancelling it. If we are unable to get in touch with you, the order will be cancelled and you will be refunded the full amount paid.
We shall not be obliged to supply the product(s) to you at the incorrectly stated lower price (even if we have already sent you the Dispatch Confirmation) if the error in the price was obvious and unambiguous and could therefore reasonably have been identified by you as incorrect.
Web prices exclude shipping costs, which are to be added to the total amount to be paid.
Prices are subject to change at any time; however (except where previously agreed) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have selected the items you wish to purchase, these items will be added to your shopping cart and the next step is to complete your order and make your payment. To do this, you will need to follow the purchase instructions, entering or verifying the required information at each step of the purchase process, requesting the issuance of an invoice if desired, as indicated in our Purchase Guide. In addition, you may modify the details of your order at any time during the purchase process before payment.
You can pay via PayPal.
For the chosen payment method PayPal, the charge will be made at the time the order is confirmed.
We inform you that payments made through this online platform, as well as, if applicable, refunds in your favour, will be handled entirely by Femal S.r.l.
- VAT (VALUE ADDED TAX)
In accordance with current legislation, any Gift Card purchased through the website will be VAT exempt as per art. 2 c. letter a DPR 633/72.
14. RETURNS/EXCHANGES POLICY
14.1 Right of withdrawal by law
Right of withdrawal
If you are contracting as a consumer, you are entitled to withdraw from the Contract within a period of 7 days without giving any reason.
The withdrawal period referred to in the preceding paragraph shall end after 7 days from the day on which you, or a third party other than the carrier and designated by you, acquire physical possession of the goods or, in the case of multiple goods ordered in a single order or Mixed Orders delivered separately, shall end after 7 days from the day on which you, or a third party other than the carrier and designated by you, acquire physical possession of the last good.
To exercise the right of withdrawal, you must inform us by writing to email@example.com means of an explicit declaration (e.g. letter sent by post or e-mail).
In order to comply with the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from the Contract, you will be refunded all payments you have made to us, including the costs of delivery (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 7 days from the day on which we are informed of your decision to withdraw from the Contract. Such refunds will be made using the same means of payment as you used for the initial transaction. In any event, you will not incur any costs as a result of such refund. Notwithstanding the foregoing, the refund may be suspended until we have received the goods or until you have demonstrated that you have returned the goods, whichever is the earlier.
- Please return the goods or hand them over to us or to the shop in Italy without undue delay and, in any event, within 7 days from the day on which you informed us of your withdrawal from the Contract. The deadline is met if you return the goods before the expiry of the 7-day period.
Except in the event of return to our store located in Italy or by a courier service organised by us, the direct costs of returning the goods shall be borne by you.
You shall only be liable for any diminution in the value of the goods resulting from any handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
14.2 Conventional right of withdrawal
In addition to the right of withdrawal granted by law to consumers and users under article 14.1) above, we will grant you a period of 30 days from the date of receipt of the Shipment Confirmation to return the Gift Cards (except for Gift Cards indicated in article 14.1 below, for which the right of withdrawal is excluded). The return of the Gift Card is governed by the Conditions of Use of the Gift Card.
If you return the Gift Cards within the period for exercising the statutory right of withdrawal but after the period for exercising the statutory right of withdrawal has expired, you will only be reimbursed the amount paid for these Gift Cards.
You may exercise your right of withdrawal in accordance with Clause 14.2 above, provided that if you inform us of your intention to withdraw from the Contract after the statutory withdrawal period has expired, you must, in any event, deliver the goods to us within 30 days of the date of receipt of the Dispatch Confirmation.
14.3 Common provisions
Your right to withdraw from the Agreement will only apply to those Gift Cards returned in the same condition in which you received them. Please note that you are responsible for the contents of the returned package. No refunds will be made, irrespective of the return options you have chosen, if: i) the package received contains an incorrect item and/or an item that is different from the product ordered or to be returned, ii) the product has been used beyond opening and ii) the Gift Card(s) are not in the same condition as they were delivered or if they have been damaged: We therefore invite you to be careful when returning and to take care of the Gift Cards while they are in your possession. Please return the item using or including in the package the original packaging, instructions and other documents, if any, accompanying the Gift Cards.
(a) Returns at the point of sale
You may return the product to a retail outlet in Italy. In this case, you must go to the shop in person and deliver the item.
(b) Returns by freight forwarder/courier
You should contact us using the return request form so that we can arrange collection from your address. You should return the product in the wrapping and package in which you received it, following the instructions provided.
If you prefer not to take advantage of the free options available for the return of Gift Cards, the return costs and risks associated with the transport chosen by you shall be borne by you without any liability or obligation on the part of Femal S.r.l.
After assessing the condition of the item, we will inform you if you are entitled to a refund of the amount paid. Shipping costs will be refunded if the right of withdrawal is exercised within the time limit and all Gift Cards from the same delivery are returned. The reimbursement will be made as soon as possible and in any event within 7 days from the date on which you informed us of your intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you demonstrate that you have received the goods. The refund will always be made using the payment method used to make the purchase, unless the gift receipt was used by the recipient of the product purchased by you.
You shall bear the costs and risks of returning the Gift Cards as stated above.
15. RETURN OF DEFECTIVE GIFT CARDS
If you believe that the product does not comply with the terms of the Contract upon delivery, you must immediately contact us, indicating the damage suffered, and we will inform you of the procedure to follow.
You must return the product to the address indicated in the electronic document you will receive with the Shipping Confirmation or to the point of sale. We will carefully examine the returned product and will inform you by e-mail, within a reasonable period of time, whether we will refund or replace the product (as the case may be). The refund and/or replacement will be made as soon as possible and, in any event, within 7 days of the date we send you an email confirming that we will refund or replace the unsuitable item.
The amount paid for Gift Cards that are returned due to damage or defect, if any, will be refunded in full, including the delivery costs incurred in sending the item and returning it to you. The refund will be made via the payment method used to make the purchase.
This is without prejudice to all rights recognised by current legislation.
- LIABILITY AND EXEMPTION FROM LIABILITY
Unless otherwise provided for in these Conditions, our liability in respect of Gift Cards purchased on our website shall be limited exclusively to the purchase price of the product in question.
Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:
- Death or personal injury resulting from our negligence;
- Cases of fraud or fraudulent activity; or
- Any circumstance in which it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.
Notwithstanding the preceding paragraph and to the extent permitted by applicable law, and except as otherwise provided in these Conditions, we will not accept any liability for consequential damages such as:
- loss of profit;
- loss of turnover;
- loss of earnings or loss of contracts;
- loss of expected savings;
- loss of data; and
- waste of office administration time.
Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and
security of information transmitted or obtained through this website, unless expressly stated otherwise.
All Gift Cards descriptions, information and materials appearing on the website are provided "as is" and without any express or implied warranties, except those provided by law. Accordingly, if you are contracting as a consumer or user, we undertake to deliver Gift Cards that comply with the Agreement and remain liable for any lack of conformity that exists at the time of delivery. It is understood that Gift Cards are in conformity with the Agreement if
- comply with the description provided by us and possess the qualities presented on this website, (ii) are suitable for the use for which the Gift Cards are normally intended, (iii) display qualities and characteristics that are normal in Gift Cards of the same type and that can reasonably be expected. To the extent permitted by law, we exclude all warranties except those that cannot be legitimately excluded against consumers and users.
These provisions do not in any way restrict the rights of consumers under applicable law or your rights to terminate the Contract.
- INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the materials or content presented as part of the website are owned by us and by those who have licensed us to use them. You may only use such material in the manner for which you have received express permission from us or from those who have licensed us to use them. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
- VIRUSES, PIRACY AND OTHER CYBER-ATTACK RISKS
You should avoid any misuse of this website and avoid introducing viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If you do not have permission to do so, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You undertake not to perpetrate DoS attacks against this website.
Failure to comply with this clause may result in violations as defined by the relevant legislation. In the event of non-compliance with these regulations, we will inform the competent authorities with whom we will cooperate to identify those responsible for the attack. Similarly, in the event of non-compliance with this Article, your authorisation to use the website will be immediately withdrawn.
To the fullest extent permissible under applicable law and with respect for the fundamental rights of consumers, we shall not be liable for any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological damage to your computer, computer equipment, data or materials as a result of your use of our website or downloading content from it or redirecting you to it.
- LINKS FROM OUR WEBSITE
Where our site contains links to other pages or materials of third parties, such links are provided for your information only and we have no control over the content or materials contained on such pages or sites. We therefore disclaim any liability for any damage or loss arising from their use.
- WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most communications you exchange with us will be in electronic format. We will contact you by e-mail or provide you with information by placing notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit your rights under applicable law.
All communications addressed to us should preferably be sent using our online form. Subject to article 20, we reserve the right to send you any notices by e-mail or post to the address you provide us with when placing your order.
Notices will be deemed to have been received and properly served when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting, respectively. To prove service of a notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and delivered to the postal service and, in the case of an e-mail, that it was sent to the e-mail address of the addressee.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us, as well as on our respective successors and assigns.
You may not transfer or assign the Contract or any of your rights or obligations under it in any way without our prior written consent. We shall be free to transfer, assign, sub-contract or dispose of the Contract or any of our rights or obligations under it in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contracting or other disposition of the Contract shall not affect your rights as a consumer or in any way diminish, reduce or limit any of the warranties or liabilities offered by us, express or implied.
- MAJOR FORCE
We shall not be liable in any way for failures or delays in the performance of any of our obligations under the Contract caused by events beyond our reasonable control ("Force Majeure Events").
Force Majeure Event means any act, event, failure to occur, omission or accident beyond reasonable control, including but not limited to the following:
- Strikes, lock-outs or other labour unrest.
- Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
- Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
- Inability to use railways, shipping, air, motor transport or other means of public or private transport.
- Inability to use public or private telecommunications networks.
- Acts, decrees, laws, regulations or restrictions of any government.
- Any strike, disaster or accident at sea, in the post office or on any other major means of transport.
It is agreed that the performance of the obligations under the Contract shall be suspended for the duration of the Force Majeure Event. We shall be granted an extension for the performance of the Contract equal to the duration of such period. It is understood that, even during Force Majeure Events, we will endeavour to find a solution by which to fulfil our contractual obligations.
If we fail, during the performance of the Contract, to demand the exact fulfilment of any of your obligations, or any of the obligations under these General Terms and Conditions, or if we fail to exercise any of the rights or actions to which we are entitled under the Contract or these General Terms and Conditions, this shall not constitute a waiver of such rights or actions and shall not relieve you from the fulfilment of the relevant obligations.
If we tolerate a breach by you, this shall not constitute a waiver of our right to react to a subsequent breach.
No waiver by You of any of Your obligations under the Contract or these General Conditions shall be valid unless it is communicated to You in writing in accordance with Articles 19 and 20 above.
- PARTIAL NULLITY
If any article of the General Terms and Conditions, or any part thereof, or any of the provisions of the Contract, should be held to be invalid, unlawful or unenforceable by the competent authority, such article, clause or provision shall be deemed not to have been affixed and the other articles, clauses and provisions shall remain valid to the fullest extent permitted by law.
- INTEGRITY OF THE CONTRACT
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us concerning the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or written.
Both you and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written during negotiations prior to the Contract, but only on what is expressly stated in these Terms.
Both you and we shall be entitled to remedy any misrepresentation made by the other party, whether orally or in writing, prior to the date of each Contract (unless such misrepresentation was made fraudulently) and the only action the other party may take shall be for breach of Contract as set out in these Conditions.
- RIGHT TO AMEND THESE CONDITIONS
We reserve the right to revise and amend these Conditions at any time.
You shall be subject to the General Terms and Conditions in force at the time of the order, unless a change to the General Terms and Conditions or to the Data Protection Policy is required by law or by a governmental authority (in which case it shall also apply to orders already placed with us).
- APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of Gift Cards through this website are governed by Italian law.
Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the jurisdiction of the courts of the place of residence or domicile of the consumer.
If you are entering into the Contract as a consumer, this clause shall not affect your statutory rights as a consumer.
- COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send them via our contact form.
If you, as a consumer, feel that your rights have been infringed, you can address your complaints to us at the following e-mail address www.beatotemilano.it in order to seek an out-of-court settlement of disputes.
If the acquisition between you and us took place online via our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes via the website http://ec.europa.eu/consumers/odr/.