GENERAL TERMS AND CONDITIONS OF SALE
The General Conditions of Sale set out below regulate the offer and sale of products on the website www.bosattashop.com.
The products purchased on Bosattashop.com are offered and sold by Bosatta Srl, with registered office in Via G. Mameli, 6 - 20129 Milan (MI), registered in the Milan Companies Register at number 04062330982. Company Tax Code and VAT Number Its identification number is 04062330982, its REA code is MI 2594842 and its PEC (certified email address) is bosattaricambisrl@legalmail.it. Hereinafter the company will be referred to as Bosatta srl.
1 Scope of application
1.1 The sale of products via Bosattashop.com (Products) is a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), and by Legislative Decree no. 70 of 9 April, containing provisions on electronic commerce.
1.2 These General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on Bosattashop.com. Users are therefore invited to regularly access Bosattashop.com and consult the latest version of the General Conditions of Sale before purchasing any product. The applicable General Conditions of Sale are those in force on the date of submission of the purchase order.
1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Bosatta srl that may be present on Bosattashop.com via links, banners, or other hypertext links. Before undertaking any commercial transaction with such parties, it is necessary to verify their conditions of sale. Bosatta Srl cannot be held responsible for the provision of services and/or the sale of products by such parties. Bosatta Srl does not carry out any control and/or monitoring on the websites reachable via such links. Bosatta Srl, therefore, cannot be held responsible for the contents of such sites, nor for any errors and/or omissions and/or violations of the law by the same.
1.4 If during a purchase it is possible to enter your tax code on Bosattashop.com, this implies that you are acting as a Consumer pursuant to Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree no. 206 of 6 September 2005). It is specified that a Consumer means any natural person who acts for purposes other than his or her commercial, industrial, artisanal or professional activity. However, if you are given the possibility of entering a VAT number (either yours or that of a legal person), this implies a purchase made as a “Professional”, pursuant to Article 3, paragraph I, letter c) of the Consumer Code. A Professional means a natural or legal person who acts in the exercise of his or her commercial, industrial, artisanal or professional activity, or an intermediary of such a person. The implications of purchasing as a Consumer or Professional will be described later in this document.
2 Buy on Bosattashop.com
2.1 Access to sales made through Bosattashop.com is reserved exclusively for users who are 18 years of age or older.
2.2 Bosatta srl reserves the right to refuse or cancel orders that come from: (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Conditions of Sale and/or the terms and/or conditions of a purchase contract with Bosatta srl; (iii) a user who has been involved in any type of fraud and, in particular, in fraud relating to the making of payments by credit card; (iv) users who have provided false, incomplete or otherwise inaccurate identification data, or who have not promptly transmitted to Bosatta srl the documentation requested by the company pursuant to these General Conditions of Sale, or who have presented invalid documents; (v) users who do not provide sufficient guarantees of solvency.
3 How to register on Bosattashop.com
3.1 Both registered and unregistered users can purchase the Products on Bosattashop.com. Registration on Bosattashop.com is free.
3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them confidential and to ensure that no one else can access them. The user also undertakes to promptly inform Bosatta Srl, by contacting the company according to the methods indicated in article 15, if he/she suspects that his/her credentials are being used improperly or disclosed. The user guarantees that the personal data provided during the registration process at Bosattashop.com are complete and truthful. The user undertakes to hold Bosatta Srl harmless from any damage, liability and/or sanctions arising from, or in any way connected to, the violation by the user of the rules relating to registration at Bosattashop.com or the protection of the registration credentials.
4 Information relating to the conclusion of the contract
4.1 Pursuant to Legislative Decree 9 April 2003, n. 70, containing provisions on electronic commerce, Bosatta Srl informs the user that:
- To conclude the purchase contract for one or more Products on Bosattashop.com, the user must fill out an order form in electronic format and send it to Bosatta Srl electronically, following the instructions that will be displayed on Bosattashop.com in the various phases during the purchase;
- The contract is concluded when the order form reaches the Bosatta Srl server;
- Once the order form has been registered and confirmation of the authorization to pay the total amount due has been received, Bosatta Srl will send the user an order confirmation via email to the email address indicated. This confirmation will include information relating to the characteristics of the purchased Product, the detailed indication of the price, the payment method used, information on the right of withdrawal, delivery costs and any additional costs, as well as the contact details of the Customer Service, to which the user can turn for technical support and/or to submit a complaint. It is advisable to keep the email received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard withdrawal instructions and the standard withdrawal form referred to in Article 10, will be attached to the email confirming the shipment of the purchased product.
- The order form will be stored in the Bosatta Srl database for the time necessary to process the order and, in any case, within the terms of the law. Users will be able to access their order form by consulting their account.
5 Validity of Offers and Prices
5.1 All Product prices are expressed in Euros (€) and include Value Added Tax ("VAT"). Any additional costs will be clearly and separately indicated in the order form before submission by the user.
5.2 The price of the Products may be modified by Bosatta Srl at any time, without notice. In any case, the price charged to the user will be the one published in the product sheet that illustrates the main characteristics of the Product (Product Sheet) at the time the order is sent. Any price variations (increases or decreases) that occur after the order has been sent will not be taken into consideration.
5.3 Bosattashop.com may offer Products for sale at discounted prices. The full price indicated on Bosattashop.com (Crossed out price), against which the discount applied by Bosatta Srl is calculated, corresponds to the list price published on Bosattashop.com.
5.4 In the event of an error in the price of the Product indicated on Bosattashop.com, the Seller reserves the right to communicate the correct price 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 to withdraw from the purchase contract. In these cases, the Seller may also terminate the purchase contract for the Product. Furthermore, the Seller may cancel the sale if an error occurs regarding the availability of the Product.
5.5 Pursuant to Legislative Decree 7 March 2023, n. 26, the prices published on Bosattashop.com are not personalized based on automated decisions. Therefore, the prices displayed on Bosattashop.com are not influenced by the consumer's previous behavior.
5.6 In the event of a price reduction, Bosattashop.com indicates the lowest price applied to the public in the 30 days preceding the price reduction. For Products placed on the market for less than 30 days, the time period to which the previous price refers is indicated. This clause does not apply to “special launch prices” characterized by subsequent price increases.
5.7 Furthermore, on Bosattashop.com, prices do not include the WEEE contribution as the Products sold are not subject to the WEEE legislation.
6 Purchase Orders – Product Information
6.1 Bosatta Srl will process the purchase order and subsequently ship the purchased Product only after receiving confirmation of the authorization to pay the total amount due. The total amount due consists of the purchase price, applicable shipping costs (if any) and any other additional costs indicated in the order form (Total Amount Due). If the Total Amount Due is not paid or the positive outcome of the payment is not confirmed, the purchase contract will be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Civil Code. Such termination and the consequent cancellation of the order will be promptly communicated to the user via Bosattashop.com immediately after sending the order.
6.2 The Products will remain the property of Bosatta Srl until the Total Amount Due has been paid by the user. However, the risk of loss or damage to the Products, not attributable to Bosatta Srl, will be transferred to the user when the latter, or a third party designated by the user and other than the carrier, physically takes possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. All images and descriptions on Bosattashop.com are intended to illustrate the characteristics of the Products as accurately as possible. However, the colours of the Products may differ from the actual colours due to the settings of the computer systems or devices used by users to view them. The images of the Product in the Product Sheet may also vary in size or in relation to any accompanying products. These images are to be considered indicative and subject to normal tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will be valid.
7 Product Availability
7.1 The products offered on Bosattashop.com are available in limited quantities. It may therefore happen that the ordered Product is no longer available after the purchase order has been sent, also due to the possibility that multiple users purchase the same Product at the same time.
7.2 In the event that the ordered Product is not available, without prejudice to the rights recognized to the user by law, in particular by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will have the right to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to Article 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right of withdrawal provided for by Article 61, paragraphs IV and V, of the Consumer Code or in any case if the Total Amount Due has already been paid, Bosatta Srl, without prejudice to the user's right to compensation for damages, will refund the amount without undue delay and, in any case, within a maximum of 15 working days from the sending of the order. The amount of the refund will be communicated to the user by e-mail. The refund will be credited to the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date.
7.3 In the case of orders concerning multiple Products (Multiple Order), if the subsequent unavailability concerns only some of the Products included in the Multiple Order, without prejudice to the rights recognized to the user by law, in particular pursuant to Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the aforementioned article 7.2, if the subsequent unavailability concerns all the Products covered by the order, Bosatta Srl will immediately notify the user by email. The user will have the right to immediately terminate the contract, limited to the Product(s) that have become unavailable, without prejudice to the right to compensation for damages, pursuant to article 61, paragraphs IV and V, of the Consumer Code. If the user exercises the right of withdrawal pursuant to Article 61, paragraphs IV and V, of the Consumer Code in relation to the unavailable Product(s), or in any case if the Total Amount Due has already been paid, Bosatta Srl, without prejudice to the user's right to compensation for damages, will refund the amount due for the specific Product(s), including delivery costs calculated as indicated in the following Article 8.3, and any other additional costs specifically relating to such Products (Partial Amount Due), without unjustified delay and, in any case, within the maximum term of 15 working days from the sending of the order. The amount of the refund will be communicated to the user by email. The refund will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date. The resolution of the entire Multiple Order will be possible only in the event that the accessoriness of the Products that have become unavailable with respect to the other Products available within the Multiple Order is evident and proven.
8 Delivery of Purchased Products
8.1 If applicable, the amount of delivery costs owed by the user for a specific order is expressly and separately indicated (in Euros and VAT included) during the purchase process, in the order summary and, in any case, before the user sends the order. In the event that a specific delivery term is not indicated, delivery will be made within thirty days from the date of conclusion of the contract.
8.3 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the user will be quantified proportionally to the value of the Product(s) subject to withdrawal.
8.4 The delivery obligation is fulfilled with the transfer to the user of physical availability or control of the Products.
It is the user's responsibility to check the condition of the Product delivered to the user or collected by the user. Without prejudice to the fact that the risk of loss or damage to the Products, not attributable to Bosatta Srl, is transferred to the user when the latter, or a third party designated by the user and other than the carrier, takes physical possession of the Product, it is recommended that the user check the number of Products received and ensure that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials. In the user's interest, any anomalies must be indicated on the courier's transport document and the package must be accepted with reservation. Acceptance of the Products without reservations does not allow the user to take legal action against the carrier in the event of loss or damage to the Products, except in the case in which the loss or damage is due to fraud or gross negligence of the carrier itself. , and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as discovered and no later than eight days after receipt. If the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. The rules on the right of withdrawal and the legal guarantee of conformity remain valid. The courier will make two delivery attempts, after which the Products will be returned to Bosatta Srl, and the money will be refunded to the Customer. No payment is due to the courier at the time of delivery.
8.5 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, Article 61 of the Consumer Code applies.
In any case, Bosatta Srl undertakes to promptly notify the user by email of the delay in delivery (Delay Notification Email), indicating the new delivery date, if available (New Delivery Date), without prejudice to the user's rights under Article 61 of the Consumer Code. code and the possibility of resorting to the ordinary means of protection provided by law, in particular, by Chapter XIV of Title II of Book IV of the Civil Code.
9 Payment Methods
9.1 Payment for the Products can be made by credit card or via the PayPal payment solution. If one of these payment methods/solutions cannot be used for a specific Product, this will be clearly indicated on Bosattashop.com, at the latest at the beginning of the purchase process.
9.2 The information provided by the user for the issuance of the invoice will be considered valid and the user declares and guarantees that such information is true. The user undertakes to indemnify and hold harmless Bosatta Srl from any damage, including sanctions imposed by the competent authorities, that may arise if such information is found to be false.
9.3 Payment by credit or debit card
9.3.1 Payment for the Products can be made by credit or debit card directly through Bosattashop.com.
9.3.2 In order to guarantee the security of payments made on Bosattashop.com and prevent any fraud, Bosatta Srl reserves the right to request the user, via email, to send a copy of the front and back of their identity card, using the same means, and in the event that the order holder is different from the card holder, the identity card of the latter. The document must be valid. The email requesting the document will specify the deadline by which the document must reach Bosatta Srl. This deadline cannot exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to present the requested documentation within the indicated deadline.
9.3.3 If Bosatta Srl does not receive such documents within the indicated deadline, or if expired or invalid documents are received, the contract will be automatically terminated pursuant to Article 1456 of the Civil Code and the order will be cancelled. Bosatta Srl reserves the right to request compensation for any damages it may suffer due to the user's non-compliant behavior. The termination of the contract, as communicated to the user via email, within 5 working days from the expiry of the deadline for sending the requested documents, will result in the cancellation of the order and the refund of the Total Amount Due.
9.3.4 In the event that Bosatta Srl receives valid documentation within the deadline indicated in the email referred to in the previous article 9.3.2, the delivery terms will start from the date of receipt of such documentation.
9.3.5 Confidential credit card data (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through Bosatta Srl's servers. Bosatta Srl, therefore, does not have access to or store the credit card data used by the user to pay for the Products, with the exception of the cardholder data as specified in articles 9.3.2 and 9.3.3.
9.3.6 Pursuant to Directive 2015/2366/EU on payment services in the internal market (PSD2), the user is informed that he/she may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria concern the user's identity (to satisfy this criterion the user must be registered on Bosattashop.com at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the aforementioned procedure may make it impossible to finalize the purchase on Bosattashop.com.
9.4 Payment via PayPal payment solution
9.4.1 Payment for Products purchased on Bosattashop.com can be made through the PayPal payment solution. If the user chooses PayPal as a payment method, he/she will be redirected to the website www.paypal.com, where he/she will make the payment for the Products according to the procedure established and regulated by PayPal and to the terms and conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with Bosatta Srl. Bosatta Srl is therefore not able to access or store the data of the credit card linked to the user's PayPal account nor the data of any other payment instrument linked to that account.
9.4.2 In case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the time of conclusion of the contract via Bosattashop.com. In case of termination of the purchase contract and in any other case of reimbursement, the amount of the reimbursement due to the user will be credited to his PayPal account. The times of crediting to the payment instrument linked to such account depend exclusively on PayPal and the banking system. Once the credit has been arranged to such account, Bosatta Srl cannot be held responsible for any delays or omissions in crediting the amount of the reimbursement to the user. In case of disputes relating to such matters, the user must contact PayPal directly.
10 Right of Withdrawal
10.1 The user who is a consumer has the right to withdraw from the contract concluded with Bosatta srl, without having to bear additional costs other than those indicated in these articles and without having to specify the reason, within twenty (20) calendar days (Withdrawal Period). The right of withdrawal does not apply to users who have purchased as professionals, unless otherwise agreed with the Seller. The Withdrawal Period expires after 20 days:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product; b) in the case of a multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; orc) in the case of an order relating to the delivery of a Product consisting of lots or more pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.2. To exercise the right of withdrawal, the user must inform Bosatta srl of his decision to withdraw before the expiry of the Withdrawal Period.
10.3 To this end, the user can:
(a) use the standard withdrawal form (Withdrawal Form) made available on Bosattashop.com, via a specific link, before the conclusion of the contract, and in any case, via the link "Standard Withdrawal Form", present on Bosattashop.com and attached to the shipping confirmation email; OR
(b) submit any other explicit declaration of your decision to withdraw from the contract (Withdrawal Declaration).
The Withdrawal Form or the Withdrawal Declaration must be sent to the following email address: assistenza@bosattasrl.com.
Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user's interest to use a durable medium to communicate his/her withdrawal to Bosatta srl.
10.4 To return the Product, the user must wait for our response via email where we will provide instructions on how to proceed. For the return, the user can use a courier of his choice, with return costs borne by the user: in this case, after having exercised the right of withdrawal according to the methods indicated in this article, the user must return the Product to Bosatta srl using a carrier of his choice and at his own expense, without undue delay and in any case within 14 calendar days from the date on which he communicated to Bosatta srl his decision to withdraw. The deadline is respected if the user sends the Product back before the expiry of the fourteen-day period. The Product, adequately protected and packaged, must be sent to the following address: Bosatta srl, Via G. Mameli 6 – 20129 Milan (MI), Italy.
The direct costs of returning the Product to Bosatta srl are borne by the user. The return of the Product to Bosatta srl is under the responsibility of the user; the Product is considered returned when it is delivered to the courier.
If the user has used a discount code to purchase the Product for which he/she has exercised the right of withdrawal, the refund will be made only with respect to the amount of money actually paid by the user and not with respect to the value of the discount code.
10.5 If the user withdraws from the contract, Bosatta srl will refund the Total Amount Due paid by the user for the Product, including any delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which Bosatta srl was informed of the user's decision to withdraw from the contract. The refund will be made using the same means of payment used by the user for the initial transaction; in any case, the user will not have to bear any costs as a consequence of such refund.
10.6 In the event of partial withdrawal, the amount of delivery costs to be refunded to the user following the withdrawal will be calculated as indicated in the above-mentioned article 8.3.
10.7 The user is solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and instruction manuals, with identification tags, labels and disposable seals, if present, still attached to the Product and intact and unaltered, as well as perfectly suitable for the intended use and free from signs of wear or dirt. The right of withdrawal applies to the Product as a whole. Therefore, it cannot be exercised in relation to parts and/or accessories (which do not constitute separate products) of the Product. By way of example and not limited to, the following actions would invalidate the right of withdrawal: testing the exhaust on a motorcycle while running, testing a windshield using it, preparing a component for the installation of a Product that would make it unsellable (e.g. immersing the clutch in oil before installing it).
10.8 If the right of withdrawal is not exercised in accordance with the applicable legal provisions, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. Bosatta srl will communicate this to the user within 5 working days of receiving the Product, rejecting the request for withdrawal. If the Product has already been received by Bosatta srl, it will remain available to the user for collection at his/her own expense and under his/her own responsibility.
10.9 If the Product for which the right of withdrawal has been 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 amount of the refund will be reduced by an amount equal to such decrease in value. Bosatta srl will communicate this circumstance and the consequent reduced amount of the refund to the user within 5 working days of receipt of the Product, providing the user with the bank details for the payment of the amount owed by the user due to the decrease in value of the Product. the Product, if the refund has already been made.
10.10 If, pursuant to the law, the right of withdrawal is not applicable in certain cases, specific and express communication will be given in the Product Sheet and, in any case, during the purchase procedure, before the user proceeds with the transmission of the order. The user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the case of sales of:
(i) products made to measure or clearly personalized (such as exhausts, saddles, etc.);
(ii) sealed products which are not suitable for return for hygiene or health protection reasons and have been opened after delivery.
11 discount codes
11.1 On Bosattashop.com you can make purchases using discount codes issued by Bosatta srl. If the value of the discount code is lower than the value of the order, the remaining amount can be completed using the payment methods provided on Bosattashop.com.
11.2 Discount codes cannot be combined for a single purchase. Discount codes can also be used to purchase products already on sale. Discount codes cannot be used for payments of amounts lower than their value. Each discount code can be used for a single purchase. In no case do discount codes give the right to change in the case of purchases of a lower amount.
11.3 Any products for which it is not possible to use discount codes will be duly reported on Bosattashop.com. In the event of cancellation, for any reason, of an order for which a discount code had been used, the corresponding amount will be credited to the customer's personal account.
11.4 Discount vouchers are not convertible into cash under any circumstances.
12 Legal Guarantee of Conformity
All products sold on Bosattashop.com are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Guarantee).
WHO IS IT FOR?
The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made purchases on Bosattashop.com for purposes other than their entrepreneurial, commercial, artisanal or professional activity. Buyers who have purchased on Bosattashop.com and who do not qualify as consumers will be subject to guarantees for defects in the goods sold, guarantees for the promised and essential qualities and other guarantees provided for by the civil code, together with the respective terms, expiry periods and limitations.
WHEN TO APPLY
The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. The consumer must promptly report the lack of conformity to the seller using the following communication method:
Email: contact@bosattasrl.eu
Unless proven otherwise, any lack of conformity which becomes apparent within one year of delivery of the product is presumed to have already existed at that time, unless such presumption is incompatible with the nature of the product or the nature of the lack of conformity. From the thirteenth month following delivery of the product, it is up to the consumer to prove that the lack of conformity existed at the time of delivery.
To benefit from the Legal Guarantee, the user must provide proof of the date of purchase and delivery of the goods. The user is therefore advised to keep the purchase invoice sent by Bosatta Srl or any other document that can confirm the date of purchase (such as the credit card statement) and the delivery date.
WHAT IS A NON-COMPLIANCE?
A lack of conformity occurs when the purchased good:
- it is not suitable for the use for which goods of the same type are normally used;
It does not conform to the description given by the seller and does not present the qualities of the good that the seller presented to the consumer as a sample or model;
It does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, taking into account what is declared in advertising or on labelling;
It is not suitable for the particular use desired by the consumer and communicated to the seller at the time of conclusion of the contract, which the seller has accepted.
Any malfunctions, defects or other problems resulting from accidental events, user liability or use of the product that does not comply with its intended use and/or the indications provided in the product's technical documentation, if available, or in the instructions for use, are to be considered excluded from the scope of the Legal Guarantee.
REMEDIES AVAILABLE TO THE USER
In the event of non-conformity duly reported within the indicated terms, the user has the right to:
principally, the free repair or replacement of the product, at his choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other option. Therefore, given the specific type of sale, the replacement will be offered if possible in relation to the number of units available for sale; secondarily (in the event that the repair or replacement is impossible or excessively expensive, or has not been carried out within a reasonable time, or if the previous repair or replacement has caused significant inconvenience to the consumer), a reduction in the price or the termination of the contract, at his choice.
The remedy sought is excessively burdensome if it imposes unreasonable costs on the seller compared to the alternative remedies available, taking into account: (i) the value that the product would have if there were no lack of conformity; (ii) the extent of the non-conformity; (iii) the possibility that the alternative remedy can be exercised without significant inconvenience for the consumer.
If the user has made the purchase as a "Professional" as provided for by the Consumer Code, the previous paragraphs of this article do not apply. In this case, the Legal Guarantee provided for by article 1490 of the Civil Code will apply to their purchase on Bosattashop.com.
WHAT TO DO IN CASE OF NON-COMPLIANCE
If a product purchased on Bosattashop.com, during the period of validity of the Legal Guarantee, presents what could be a lack of conformity, the user must contact Customer Service, using the contact details and methods indicated in Article 15. Bosatta srl will respond promptly to the communication of the alleged non-conformity and provide the user with the specific procedure to follow, including the preparation of the methods of shipping the goods, taking into account the product category to which the Product belongs and/or the defect reported.
REFUND OR REDUCTION FOLLOWING THE APPLICATION OF THE LEGAL GUARANTEE
In the event of termination of the contract, Bosatta srl will refund the user the total amount paid, including the purchase price of the Product, shipping costs, and any other additional costs. In the event of a price reduction, Bosatta srl will refund the user the agreed amount of the reduction. Alternatively, the user may choose to receive a store credit, spendable on Bosattashop.com, of a value equivalent to the refund or reduction to which he or she is entitled.
The amount of the refund or reduction will be communicated to the user via email and credited to the payment method or solution used by the user for the purchase.
Bosatta srl is not responsible for any damages of any nature resulting from improper use of the Product and/or failure to comply with the instructions provided by the manufacturer, as well as damages resulting from force majeure or fortuitous event.
13 Applicable Law and Jurisdiction; Alternative Dispute Resolution/Online Dispute Resolution
13.1 Contracts concluded between users of Bosattashop.com and Bosatta srl are governed by Italian law. Without prejudice to the application of any more favorable and mandatory provisions provided for by the law of the country in which the consumer users have their habitual residence, with particular reference to the deadline for exercising the right of withdrawal, the deadline for returning the products in the event of exercising this right, the methods and formalities for communicating the same, as well as the legal guarantee of conformity.
13.2 Please remember that, in the case of a consumer user, the competent court for any dispute relating to the application, execution and interpretation of these General Conditions of Sale is the court of the place where the user resides or has elected domicile.
13.3 Pursuant to Article 141-sexies, paragraph 3, of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Bosatta srl informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that, if they have submitted a complaint directly to Bosatta srl, and it has not been possible to resolve the dispute, Bosatta srl will provide information about the Alternative Dispute Resolution (ADR) body or bodies for the out-of-court resolution of disputes arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis and following of the Consumer Code), specifying whether they intend to avail themselves of these entities for the resolution of the dispute.
Bosatta srl also informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for online dispute resolution (ODR platform) has been established. The ODR platform is accessible at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their websites and start an online dispute resolution procedure in which they are involved.
The right of the consumer user to contact the ordinary court competent for the dispute arising from these General Conditions of Sale, regardless of the outcome of the extrajudicial dispute resolution procedure relating to consumer relationships through the procedures set out in Part V, Title II-bis of the Consumer Code, remains unaffected.
13.4 The user residing in a Member State of the European Union other than Italy may also access the European procedure for small claims, as provided for by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
14 reviews
14.1 Pursuant to Legislative Decree no. 26 of 7 March 2023, Bosattashop.com allows users to post reviews. The Seller guarantees that the published reviews come from consumers who have actually purchased or used the Product. This is because the user receives an email after purchasing on Bosattashop.com, with the request to publish their review on Bosattashop.com. Therefore, since the email arrives only after the purchase, it is reasonable to assume that the corresponding review can be attributed to a real purchasing experience on Bosattashop.com by the user. Among the reviews published on Bosattashop.com, some may have been solicited, for example, by sending a discount voucher. In such cases, this circumstance is duly indicated in the review request. Furthermore, reviews resulting from sponsorships or relationships with professionals (e.g. influencers) may be published; adequate information is provided regarding such reviews.
The review posting tool is "under construction".
15 Customer Service and Complaints
15.1 You may request information, send communications, ask for assistance or submit complaints by contacting Customer Service through the following methods:
Email: contact@bosattasrl.eu
Using the contact form available at the following address: https://www.bosattashop.com/pages/contact
Telephone: 39.030.2421209 (Mon-Fri: 08:30 - 12:00 / 14:00 - 16:00; Saturday and Sunday: closed).
15.2 Bosatta srl will respond to complaints within two working days from the date of receipt of the same.
16 Various
16.1 This document regulates the entire relationship between you and the Seller. The rights and obligations provided for by applicable law always remain intact.