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General Conditions of Sale , in force from 01/01/2023.
This information is provided for the site https://www.buxeyewear.com/ (Site).
Seller details: Bux Giuseppe, via XX Settembre 28 - Altamura (BA) - VAT number 00141480723 (Seller).
Art. 1 Scope of application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If made possible by the Site, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to art. 3, I paragraph, letter. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). Please remember that the quality of Consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out. If, however, you are given the possibility of entering your VAT number (yours or that of a legal person), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, letter. c) of the Consumer Code. The natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary, holds the status of Professional. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.
1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colors may differ from the real ones due to the settings of the computer systems or computers used to view them.
1.4 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.5 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hyperlinks.
1.7 Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such entities.
1.9 The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by them.
1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.
1.11 The Seller cannot under any circumstances be held liable towards you or third parties for any indirect, incidental, special or consequential damage. This includes, without limitation, any loss of income or other indirect loss resulting from use or inability to use the Site. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete and updated.
1.12 Unless otherwise agreed with the Seller, it is not possible to send orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.13 All elements of the Site are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any process whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.
2.2 You undertake to immediately inform the Seller if you suspect or become aware of any misuse or disclosure of any information you have entered on the Site.
2.3 You guarantee that the personal information provided is complete and truthful and undertakes to hold the Seller harmless and harmless from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the violation of this commitment. You undertake to immediately inform the Seller if you suspect or become aware of improper use or improper disclosure of your access credentials to the Site.
2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 To place orders on the Site it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
2.6 The Seller is the only counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the person to whom the user directs their order, in order to accept the offer and conclude the contract sales; (ii) the person who assumes the pre-contractual obligations deriving from the offer towards the user; (iii) the person who concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded via the Site is therefore concluded between the user and the Seller.
2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own commercial banner. Therefore, when the Seller's sign is used on the Site and/or in communications with customers relating to the Site or the first person plural ("We") is used, the reference is to be understood not only to the Site, but also to the Seller. .
2.8 The Seller does not provide any guarantee that the Site is constantly functional and operational. In fact, updates to the CMS platform may occur which could imply a temporary suspension of the service. The Seller does not assume any type of responsibility with reference to any type of injury or damage that the user may suffer from this circumstance.
2.9 After purchasing, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increase; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
2.10 The colors of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what the user expected. The user is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.
Art. 3 Availability of Products
3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the purchase order.
3.2 Information on the availability of the Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may be available, for a short period of time, being, instead, out of stock or not immediately available and it being necessary to wait for restocking.
3.3 You will be informed in the event of unavailability of the Product ordered. In this case you will be entitled to terminate the purchase contract. In any case, please consider that before requesting termination of the contract, the Seller reserves the right to implement these measures:
3.4 If a refund of the amount paid for the purchase of Products which later turned out to be unavailable is requested, the Seller will refund the refund within a maximum of 14 days.
3.5 In the event that you exercise the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the "Payment Method" article below .
Art. 4 Prices
4.1 On the Site the prices include VAT.
4.2 Furthermore, on the Site the prices do not include the WEEE contribution as Products are sold that are not subject to the relevant regulations.
4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any possible variations (increasing or decreasing) following the transmission of the same.
4.4 Whether or not the shipping costs of the Products are free is indicated from time to time (in the purchase process, in the product sheet or in any case on the Site itself).
4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically comes into possession of the Products.
4.6 The purchase contract is decisively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently cancelled.
4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct one to the customer even after the conclusion of the purchase order. In this scenario the customer has the right to accept the new price or dissolve the purchase contract. The Seller can also cancel the purchase contract for the Product in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.
Art. 5 Payment methods
5.1 This article describes the payment methods available on the Site. The user can in any case contact the Seller for further information.
5.2 On the Site you can purchase using payment cards. The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. The accepted payment cards can be displayed in the footer of the Site and/or as part of the purchase process.
5.3 On the Site it is possible to pay by bank transfer. After submitting the purchase order, you will receive the bank details by email to proceed with the payment. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.
5.4 On the Site it is possible to pay by cash on delivery. This means of payment may be subject to an additional cost, indicated from time to time on the Site as part of the purchase process. It is possible that the cash on delivery is limited to orders exceeding a certain amount: in this case the Seller will provide appropriate communication on the Site or as part of the purchase process.
5.5 If the value of the discount code is less than that of the order, the remaining sum can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances can discount vouchers be converted into cash.
5.6 Any alternative methods other than those indicated above are or will be described in this article.
Art. 6 Delivery of the Products
6.1 Delivery of the Products is expected in: Italy, but with exceptions indicated on the Site. The user can always contact the Seller for more information regarding the delivery of the Products; for example to find out if delivery is expected in countries other than those indicated on the Site.
6.2 The delivery obligation is fulfilled by transferring to you the material availability or in any case control of the Product.
6.3 Delivery time of the Products from sending the order: 7 days.
6.4 The deadline indicated in the art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically comes into possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation . In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
6.5 With reference to the possibility of requesting delivery of the Products to a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product at a "collection point" other than the address communicated by you during of the purchasing process. However, you are invited to regularly access the Site to check whether this delivery option is subsequently made available on the Site.
6.6 The user acknowledges that the collection of the Product is his specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and request compensation for any damage suffered as a result of failure to collect the Product.
Art. 7 Right of withdrawal
7.1 The user is invited to read this article with particular attention, which regulates the right of withdrawal.
7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are reported in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full.
7.3 If you are a Consumer (and if no exceptions provided for in this article apply) you have the right to withdraw from the Product purchase contract without having to provide any reason and without having to incur costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contact details indicated in the Introduction, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is to be You sent before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller's headquarters, or to a different address communicated by the Seller. The Withdrawal Period expires after 14 days:
7.4 If the withdrawal is applicable, the Seller will proceed with the reimbursement of the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the latter's expense, the Seller may suspend the reimbursement until receipt of the Products or until the Consumer demonstrates that he has sent the Products back, if previous. The Consumer is solely responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with identification tags, labels and disposable seals, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will communicate this circumstance and the consequent decreased refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund.
If the right of withdrawal exists, the Products must be returned to the address indicated in the "Seller Data" section in the Introduction.
7.5 This article regulates a very important area relating to return costs in the event of withdrawal.
In light of the above, the Seller deems it appropriate to point out to you that the costs of returning the Product will be at your expense and under your responsibility.
Art. 8 Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
8.2 The Seller is responsible towards the Consumer for any lack of conformity of the Product which occurs within two years of such delivery. The action aimed at asserting defects not maliciously concealed by the Seller is barred, in any case, within twenty-six months from delivery of the goods.
8.3 Unless proven otherwise, it is presumed that defects of conformity which appear within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will be the Consumer's burden to prove that the lack of conformity already existed at the time of delivery of the same.
8.4 In the event of a lack of conformity of the goods, the Consumer has the right to restore conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by the art. 135-bis and following of the Consumer Code.
8.5 The Seller is not responsible in case of damage, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.
8.6 If you made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case the legal guarantee is governed by the articles. 1490 and following of the civil code; in particular, the deadline for reporting any defects is 8 days from discovery and the action expires 1 year from delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is an additional guarantee compared to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can assert this guarantee only against the manufacturer. The duration, extension, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.
Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Site are governed by Italian law.
10.2 This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence. Please remember that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions of the Introduction.
10.3 The Seller informs the user who qualifies as a Consumer that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not however been possible to resolve the dispute thus arising, the Seller will provide the relevant information to the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute itself.
10.4 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr . Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he or she is involved.
10.5 In any case, the right of the Consumer user to appeal to the competent ordinary judge of the dispute arising from these General Conditions of Sale is without prejudice to the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code.
The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu .
Art. 11 Customer service
11.1 It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller at the contact details indicated in the Introduction, or using the contact form that may be present on the Site.
11.2 The Seller responds within an indicative time of 2 days.
Art. 12 Miscellaneous
12.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time are reserved.