ONLINE SHOP TERMS AND CONDITIONS OF SALE
- Definition and object of the contract
These General Conditions of Sale (hereinafter “G.C.S.”) have as their object the sale of products and/or services made remotely via the internet on the site of the sole proprietorship www.museobotta.it Botta Giovanni and are regulated by the D. Lgs. n. 185 of 22/05/1999.
The G.C.S. apply to the parts of the contract that are:
- SELLER: the sole proprietorship BOTTA GIOVANNI based in Rovereto (TN) - Via A. Cesari n.1 – VAT number 02413710225 - Fiscal Code and Trento Registry of Businesses registration: BTT GNN 56E29 H612V - n° REA: TN-216462 (hereinafter referred to as "Botta Giovanni");
- CUSTOMER: the party identified by the data entered when filling in the order form electronically with simultaneous acceptance of these G.C.S. (hereinafter referred to as "Customer").
It is forbidden to customers to enter false and/or invented names in the online order process and in any further communications. The sole proprietorship Botta Giovanni reserves the right to report to the competent authority any abuse or violation, to protect consumers’interests and public trust.
The Customer also dispenses the sole proprietorship Botta Giovanni from any possible errors arising from the issue of incorrect tax documents due to wrong or incomplete information about data provided by the Customer, being he himself the only responsible for their correct entry.
The sole proprietorship Botta Giovanni reserves the right to modify these G.C.S. at any time by informing Customers of it on the Site.
- Online sales
Online sales contract means a distance contract for the sale of products or services stipulated between Botta Giovanni and the Customer in a remote sales system organized by Botta Giovanni that, for this purpose, uses the Internet and related technologies. Therefore, these contracts will be stipulated through direct access by the Customer to the website www.museobotta.it and, following the procedures indicated, he will stipulate the contract for the purchase of products and/or services.
The Site provides a card for each product containing its main features and specifications as described by manufacturers and/or importers.
The pictures and descriptions can be taken from the catalogues of importers and manufacturers or they can be the work of Botta Giovanni.
It is understood that the pictures supplied with the product description card may not fully correspond with its features, but differ in colour, size, accessories and may vary at any time without prior notice from Botta Giovanni as a result of the changes made by manufacturers and/or importers.
The sole proprietorship Botta Giovanni sells products and/or services not subject to VAT, according to the flat-rate tax regime in accordance with art. 1, cc 54-89 L 23.12.2014 n. 190. For this reason the prices of products and/or services for Customers residing in EU countries (European Union) or in non-EU countries are identical and so VAT-free.
The Customer can order the products and/or services by following the instructions on the website. The prices are in Euros and do not include taxes and customs duties and shipping cost. The correct order is confirmed by the sole proprietorship Botta Giovanni through an e-mail sent to the e-mail address supplied by the Customer. This confirmation message will contain date and time of order execution and a “Customer order number” to be used in case of any communication with the sole proprietorship Botta Giovanni. The message will include all data entered by the Customer who agrees to verify their correctness and promptly communicate any corrections. List prices may vary due to increases applied by manufacturers and/or importers. In this case the sole proprietorship Botta Giovanni will update the prices on the website.
Any errors in the indication of prices do not imply the automatic acceptance of the order and the shipment of goods by the sole proprietorship Botta Giovanni. In such event the transaction by credit card or PayPal will not be completed and accepted and the Customer will be informed of the new amount for his possible new agreement .
If the Customer wants an invoice of the dispatched goods, he has to request it when ordering. Otherwise a tax receipt will be issued. For a printed invoice we use the information provided by the Customer. After the issue of the invoice, it will be impossible to change the data indicated in it.
- Availability of products
In the case of stock unavailability of the products ordered, occurred after placing an order on the website by the Customer , the sole proprietorship Botta Giovanni will give immediate notice to the e-mail address indicated by him. In this case the transaction will be cancelled and any contractual or non-contractual obligations from the sole proprietorship Botta Giovanni for the failure to conclude the contract are excluded.
- Acceptance of the General Conditions of Sale
The customer, by sending his own purchase order electronically, declares to have read and unconditionally accepts the G.C.S. who undertakes to observe in his dealings with the sole proprietorship Botta Giovanni.
- Payment methods
The payment of the products and/or services purchased by the Customer will be done according to one of the following ways:
- Bank transfer
You can send a bank transfer to the following bank account details:
Payee: Botta Giovanni
Bank: Intesa Sanpaolo S.p.A.
IBAN: IT56 L030 6920 8081 0000 0004 177
The products are reserved at the time of the order and are shipped as soon as payment is credited.
The order is automatically cancelled if payment is not received within 7 working days .
- Credit card
We accept all the most important credit cards and all payments are safely processed through PayPal, a global leader in online payments.
Therefore, at no time during the purchase process, the sole proprietorship Botta Giovanni is able to know information about the customer's credit card. Therefore, in no case the sole proprietorship Botta Giovanni can be held responsible for any fraudulent or illegal use of credit cards by a third party, upon payment for products purchased on its site.
In case of exercising the right of withdrawal by the Customer after payment of online purchased products, the sole proprietorship Botta Giovanni will instruct its bank to credit the amount to be refunded to the Customer's credit card .
The Customer must be the holder of the credit card valid when ordering the products purchased online.
If the Customer is a registered user of PayPal he can safely pay using his PayPal account.
- Bank transfer
- Costs and shipping
The products purchased will be shipped by the sole proprietorship Botta Giovanni to the address specified by the Customer.
The shipping costs to Italy and San Marino depend on the total amount of the order (shipping excluded). For all other countries the shipping costs vary according to the country of residence of the Customer, and do not change with the number of items and their size. To learn more, visit our shipping page.
Once received the payment, delivery is usually within 1-4 working days for Italy and within 3-5 working days for other destinations. Any delay in delivery can occur in periods preceding Christmas, Easter, and other holidays and periods of leave (which will be announced on the website). Delays may occur on the days before or after a holiday period or in any case for any reasons of force majeure. Anyway, the sole proprietorship Botta Giovanni is committed to deliver the products within 30 days from the date of conclusion of the contract.
The courier will make 2 delivery attempts on different days. The Customer will have to ensure availability at the indicated address for the package delivery. If the courier is unable to deliver the goods, these will be returned to the sole proprietorship Botta Giovanni who will be forced to charge the customer the cost of returning and new shipment of the package. Therefore, the Customer is asked to indicate a safe address for delivery where there is always someone to pick up.
For deliveries in Italy in smaller places and islands and abroad, the sole proprietorship Botta Giovanni may make shipments via Italian Post. In this case in Italy there are 2 delivery attempts and any subsequent storage at the post office for 10 days including Saturdays, while abroad (depending on the country) there are 1 or 2 delivery attempts and any subsequent storage at the post office usually for 15 days including Saturdays and holidays.
The delivery obligation is fulfilled by transferring the products to the courier.
The risk of loss or damage to products, for reasons not attributable to the sole proprietorship Botta Giovanni, is transferred to the Customer by delivering the shipment to the courier. It is therefore clear burden of the Customer to check that the packaging of the products received is intact, including the sealing materials (adhesive tape, etc.). Otherwise the Customer must point it out on the courier transport document, accepting the package with certain reservations and immediately reporting the fact to the Seller.
- Right of withdrawal
Purchases performed on the site www.museobotta.it are governed by Italian law on mail order sales. Should the Customer place a wrong order or receive an item he does not want, he has 14 (fourteen) days from the date of delivery to exercise his right of withdrawal, i.e. the ability to return the product.
The Customer consumer, i.e. natural person acting for purposes outside his trade, business, craft or profession, has the right to terminate the purchase contract for any reason and therefore is entitled to return the goods purchased and to get the reimbursement of the expenses incurred, in accordance with the procedures indicated below.
The right of withdrawal is subject to the following conditions:
- the law applies to products in their entirety and not to parts or components thereof;
- products must be properly returned protected in their original packaging, in perfect condition for resale (not worn, damaged or soiled by the Customer). The costs and risks of returning products shall be borne by the Customer;
- in the case of transactions with prizes or combined promotional sales, in which the purchase of an asset is associated with another good that is sold at a very low price (or given away), the right of withdrawal will be legitimately exercised by returning both purchased goods (given the obligation of the incidental nature of the promotion good compared to the first). To exercise his right of withdrawal, the Customer, without explanation and without penalty, must send within 14 (fourteen ) days from the day of receipt of goods, a written notice in which he shows his will to terminate the contract. The sole proprietorship Botta Giovanni will confirm receipt of the notice.
- the Customer must first agree with the sole proprietorship Botta Giovanni the return of the products and, once shipped, he has to promptly communicate the name of the carrier used and the shipment tracking number. Under no circumstances we will accept returns on delivery, which will be rejected.
- Once the Customer has returned the products, the sole proprietorship Botta Giovanni will refund the price of the goods for which the Customer exercised his right of withdrawal on condition that the goods are intact, unused and in their original sealed package.
The sole proprietorship Botta Giovanni will refund, within 14 days from the return of the products, the amount paid by the Customer, provided that it is received under the above conditions. Refund will be made using the same payment method used by the Customer for the initial transaction. In case of bank transfer, to get the refund, the Customer must communicate his bank details with IBAN.
The right of withdrawal is automatically lost in the events that the following is established:
- the lack of package and/or original packaging;
- the absence of all the essential parts of the good (accessories, tags, labels, notes, etc.);
- the product is damaged for causes other than its transport;
- the use of the product.
In case of forfeiture of the right of withdrawal, the sole proprietorship Botta Giovanni will return the purchased good to the Customer, charging the same for the shipping costs.
- Information and complaints
For any clarification, information or complaint, the Customer can contact the sole proprietorship Botta Giovanni at the email address : firstname.lastname@example.org.
- Competent court
The Contract is governed by Italian law.
For any dispute regarding the application, execution, interpretation and breach of the contract the jurisdiction will be the Court where the Customer has his own residence or domicile, if located in the territory of the Italian State, or the exclusive jurisdiction will be of the Court Rovereto ( TN ), if the Customer is resident or domiciled abroad.
via A. Cesari, 1
38068 Rovereto (TN)
P. IVA 02413710225
F.C. and Trento Registry of Businesses registration: BTT GNN 56E29 H612V
n° REA: TN – 216462