Terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE

The General Terms and Conditions of Sale herein below govern the offer and sale of products on the www.bosattashop.com website.

The products purchased on Bosattashop.com are offered and sold by Bosatta Srl, having its registered office at Via G. Mameli, 6 - 20129 Milan (MI), registered with the Milan Register of Businesses under number 04062330982. The company's Tax ID and VAT ID number is 04062330982, its REA code is MI 2594842, and its PEC (certified e-mail 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 Italian Legislative Decree No. 206 of 6th September 2005 (Consumer Code), and Italian Legislative Decree No 70 of 9th April, which contains provisions on electronic commerce.

1.2 These General Terms and Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be effective upon their publication on Bosattashop.com. Therefore, users are encouraged to access Bosattashop.com on a regular basis and consult the latest version of the General Terms and Conditions of Sale before purchasing any products. The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.

1.3 These General Terms and Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than Bosatta srl who may be present on Bosattashop.com through links, banners, or other hypertext links. Before engaging in any commercial transactions with such parties, their terms of sale must be verified. Bosatta Srl shall not be held liable for the provision of services and/or the sale of products by such parties. Bosatta Srl does not perform any control and/or monitoring on websites that can be accessed via such links. Therefore, Bosatta Srl shall not be held liable for the content of such websites, nor any errors and/or omissions and/or violations of the law by them.

1.4 If your taxpayer's code can be entered on Bosattashop.com during a purchase, this implies that you are acting as a Consumer in accordance with article 3, paragraph I, letter a) of the Consumer Code (Italian Legislative Decree No. 206 of 6th September 2005). It should be noted that a Consumer is defined as any natural person who is acting for purposes other than his trade, business, craft or profession. However, if the option to enter a VAT ID number (either yours or that of a legal entity) is given, this implies a purchase made as a "Professional", under art. 3, paragraph I, letter c) of the Consumer Code. A Professional is defined as a natural or legal person who is acting to exercise his trade, business, craft, or profession, or an intermediary of such person. The implications of purchasing as a Consumer or a Professional will be described further in this document.

 

2 Purchasing on Bosattashop.com

2.1 Access to sales made via Bosattashop.com is reserved exclusively for users who have reached the age of 18.

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 Terms and 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 particularly, a fraud related to making payments using credit cards; (iv) users who have submitted false, incomplete, or otherwise inaccurate identifying information, or who have failed to timely submit to Bosatta srl the documents the company requested under these General Terms and Conditions of Sale, or who have submitted invalid documents; (v) users who do not provide sufficient guarantees of solvency.

3 How to registration to Bosattashop.com

3.1 Both registered and non-registered users of Bosattashop.com can purchase Products on Bosattashop.com. Registration to Bosattashop.com is free of charge.

3.2 Registration credentials must be used exclusively by the user and cannot be transferred to any third party. The user undertakes to keep them confidential and to ensure that no one else has access to them. The user also agrees to promptly inform Bosatta Srl, by contacting the company as instructed in article 15, when they suspect that are credentials are being misused or disclosed. The user warrants that the personal information provided during the registration process for Bosattashop.com is complete and accurate. The user agrees to hold Bosatta Srl harmless from any damage, liability, and/or penalties arising from, or in any way connected to, the user's violation of the rules regarding registration to Bosattashop.com or the safeguarding of registration credentials.

 4 Information related to the conclusion of the agreement

4.1 In accordance with Italian Legislative Decree No. 70 of 9th April 2003, containing provisions on electronic commerce, Bosatta Srl informs the user that:

- In order to conclude the agreement to purchase one or more Products on Bosattashop.com, the user must fill in an electronic order form and submit it to Bosatta Srl electronically, following the instructions that will be displayed on Bosattashop.com throughout the different steps along the purchase;

- The agreement is concluded when the order form reaches the server of Bosatta Srl;

- Once the order form is recorded and the confirmation of the authorisation to pay the total amount due is received, Bosatta Srl will send the user a confirmation of the order via e-mail to the e-mail address specified. This confirmation will include information about the characteristics of the Product purchased, a detailed breakdown 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 resort for technical support and/or to lodge a complain. It is advisable to keep the e-mail received as proof of the purchase. The General Terms and Conditions of Sale that apply to the order, as well as the standard instructions for withdrawal and the standard withdrawal form referred to in Article 10, will be attached to the email confirming that the the product purchased has been dispatched.

- The order form will be filed in Bosatta Srl's database for as long as necessary to fulfil the order and, in any case, in accordance to the law. Users can access their order form by consulting their account.

 5 Validity of Offers and Prices

5.1 All the prices of Products are expressed in Euro (€) and are inclusive of Value Added Tax ("VAT"). Any additional costs will be clearly and separately indicated in the order form before the user submits it.

5.2 The price of the Products may be modified by Bosatta Srl at any time, without notice. However, the price charged to the user will be the one published on the product information sheet that illustrates the main characteristics of the Product (Product Sheet) upon submitting the order. Any changes in the price (increases or decreases) that occur after the order is submitted will not be considered.

5.3 Bosattashop.com may offer Products for sale at discount prices. The full price indicated on Bosattashop.com (Strikethrough Price), against which the discount applied by Bosatta Srl is calculated, corresponds to the list price published on Bosattashop.com.

5.4 Should there be an error in the price of the Product specified on Bosattashop.com, the Seller reserves the right to communicate the correct price to the customer even after the purchase order is concluded. In this scenario, the customer has the right to accept the new price or to terminate the purchase contract.  The Seller may also cancel the purchase contract of the Product in these cases. Furthermore, the Seller may cancel the sale if there is an error regarding the availability of the Product.

5.5 In accordance with Italian Legislative Decree No. 26 of 7th March 2023, the prices published on Bosattashop.com have not been personalized based on automated decisions. Therefore, the prices displayed on Bosattashop.com are not influenced by the consumer's previous behaviour.

5.6 In the event of a price reduction, Bosattashop.com indicates the lowest price applied to the general public during the 30 days preceding the price reduction. For Products that have been 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 WEEE regulations.

6 Purchase Orders - Information on Products

6.1 Bosatta Srl will process the purchase order and subsequently ship the Product purchased only after receiving confirmation of the authorisation to pay the total amount due. The total amount due consists of the purchase price, applicable delivery charges (if any), and any other additional costs as indicated in the order form (Total Amount Due). If the Total Amount Due is not paid or if the successful payment outcome is not confirmed, the purchase contract will be regarded as terminated by law, pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The user will be promptly notified of this resolution and the consequent cancellation of the order through Bosattashop.com immediately after the order is submitted.

6.2 The Products will remain the property of Bosatta Srl until the user settles the Total Amount Due. 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. The aim of all images and descriptions shown on Bosattashop.com is 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 computer systems or devices that users use to view them. The images of the Product on the Product Sheet may also vary in size or compared to any accompanying products. These images should be reconsidered as indicative and subject to normal tolerances. For the purpose of the purchase contract, the description of the Product contained in the order form submitted by the user will prevail.

7 Product Availability

7.1 The products offered on Bosattashop.com are available in limited quantities. Therefore, it may happen that the Product ordered is no longer available after the purchase order is submitted, also due to the possibility of multiple users purchasing the same Product simultaneously.

7.2 If the Product ordered is not available, without prejudice to the rights granted to the user by law, particularly under Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will be promptly informed via e-mail. The user will be entitled to immediately terminate the contract, except for 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 termination under article 61, paragraphs IV and V of the Consumer Code or in any case where the Total Amount Due has already been settled, Bosatta Srl, subject 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 after the order is sent. The refund amount will be communicated to the user via 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, type of credit card, or payment solution used. In any case, the value date will be the same as the debit date.

7.3 In the case of orders involving multiple Products (Multiple Order), if the subsequent unavailability only concerns certain Products within the Multiple Order, without prejudice to the rights granted to the user by law, particularly under Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of the aforementioned Article 7.2, if the subsequent unavailability concerns all the Products within the order, Bosatta Srl will immediately notify the user via email. The user will be entitled to immediately terminate the contract, limited to the Product(s) that have become unavailable, except for 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 termination under Article 61, paragraphs IV and V of the Consumer Code in relation to the Product(s) unavailable, or in any case where the Total Amount Due has already been settled, Bosatta Srl, subject to the user's right to compensation for damages, will refund the amount due for the specific Product(s), including the delivery charges calculated as indicated in Article 8.3 herein below, and any other additional costs specifically related to those Products (Partial Amount Due), without undue delay and, in any case, within a maximum of 15 working days after the order is sent. The refund amount will be communicated to the user via 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, type of credit card, or payment solution used. In any case, the value date will be the same as the debit date. The termination of the entire Multiple Order will be only possible if there is clear and proven accessory nature of the Products that have become unavailable compared to the other available Products within the Multiple Order.

8 Delivery of Products Purchased

8.1 If applicable, the amount of delivery charges due from the user for a specific order is expressly and separately indicated (in Euro and inclusive of VAT) during the purchasing process, in the order summary, and in any case, before the user submits the order. In the event that a specific delivery term is not indicated, delivery will be made within thirty days from the date the contract is entered into.

8.3 In the case of partial withdrawal from Multiple Orders, the amount of delivery charges to be refunded to the user will be quantified proportionally to the value of the Product(s) subject to the withdrawal.

8.4 The obligation of delivery is fulfilled by transferring the physical availability or control of the Products to the user.

It is the user's responsibility to verify the condition of the Product delivered to the user or collected by the user. While the risk of loss or damage to the Products, not attributable to Bosatta Srl, is transferred to the user when the user, or a third party appointed by the user and other than the carrier, physically takes possession of the Product, it is recommended that the user verify the number of Products received and ensure that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. In the user's interest, any anomalies should be indicated on the carrier's transport document, and the package should be accepted with reservations. The 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 cases where the loss or damage is due to wilful misconduct 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 it is discovered and no later than eight days after receipt. If the packaging shows clear signs of tampering or alteration, it is also recommended that the user promptly notify the Customer Service. However, the rules on the right of withdrawal and legal warranty of conformity still apply. The carrier 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 carrier upon delivery.

8.5 Article 61 of the Consumer Code applies in the event that the Product purchased is not delivered or is delivered late compared to the delivery terms indicated during the purchasing process and in the order confirmation.

In any case, Bosatta Srl undertakes to promptly notify the user via email of the delivery delay (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 and the possibility of resorting to the ordinary means of protection under the 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 through the PayPal payment solution. If any of these payment methods/solutions cannot be used for a specific Product, this will be clearly indicated on Bosattashop.com, no later than at the beginning of the purchasing process.

9.2 The information provided by the user for issuing the invoice will be considered valid, and the user states and warrants that such information is true. The user agrees to indemnify and hold Bosatta Srl harmless from any damage, including sanctions imposed by 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 ensure 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 ID card, through the same means, and in case the order holder is different from the cardholder, the ID card of the latter. The document must be valid. The email requesting the document will specify the deadline by which the document must be received by Bosatta Srl.  This deadline will not exceed 5 working days from the receipt of the request by the user. While waiting for the requested document, the order will be suspended.  The user is required to submit the requested documents within the specified deadline.

9.3.3 If Bosatta Srl does not receive these documents within the specified deadline, or if expired or invalid documents are received, the contract will be considered automatically terminated in accordance with Article 1456 of the Civil Code, and the order will be cancelled. Bosatta Srl reserves the right to claim compensation for any damages it may incur as a result of the user's non-compliant behaviour. The resolution of the contract, as notified to the user via email, within 5 working days from the expiration of the deadline for submitting 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 mentioned in Article 9.3.2 above, the delivery terms will commence from the date of receipt of such documentation.

9.3.5 The confidential credit card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through Bosatta Srl's servers. Therefore, Bosatta Srl does not have access to or store the credit card data used by the user for payment of the Products, except for the cardholder's information as specified in Articles 9.3.2 and 9.3.3.

9.3.6 In accordance with Directive 2015/2366/EU on payment services in the internal market (PSD2), the user is informed that they 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 pertain to 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 process may result in the inability to finalize the purchase on Bosattashop.com.

9.4 Payment through PayPal payment solution

9.4.1 Payment for the Products purchased on Bosattashop.com can be made through the PayPal payment solution. If the user chooses PayPal as the payment method, they will be redirected to the website www.paypal.com, where they will make the payment for the Products according to the procedure established and governed by PayPal and the terms and conditions agreed upon 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. Therefore, Bosatta Srl is not able to access or store the credit card data linked to the user's PayPal account or the data of any other payment instrument connected to that account.

9.4.2 In the case of payment through PayPal, the Total Amount Due will be charged by PayPal to the user upon the conclusion of the contract through Bosattashop.com. If the purchase contract is terminated and in any other case of a refund, the refund amount due to the user will be credited to their PayPal account. The timing of crediting to the payment instrument linked to that account depends solely on PayPal and the banking system. Once the credit to that account has been arranged, Bosatta Srl cannot be held responsible for any delays or omissions in crediting the refund amount to the user. In case of any disputes regarding these matters, the user must contact PayPal directly.

10 Right of Withdrawal

10.1 The user who qualifies as a consumer has the right to withdraw from the contract concluded with Bosatta srl, without incurring 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:

  1. 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;
  1. 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; or
  1. c) in the case of an order relating to the delivery of a Product consisting of lots or multiple 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 their decision to withdraw before the expiration of the Withdrawal Period.

10.3 For this purpose, the user can:

(a) use the standard withdrawal form (Withdrawal Form) made available on Bosattashop.com, through a specific link, before the conclusion of the contract, and in any case, through the "Standard Withdrawal Form" link, present on Bosattashop.com and attached to the shipping confirmation email; or

(b) submit any other explicit statement of their decision to withdraw from the contract (Withdrawal Statement).

The Withdrawal Form or the Withdrawal Statement must be sent to the following email address: assistenza@bosattasrl.com.

Since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period lies with the user, it is in the user's interest to use a durable medium when communicating their withdrawal to Bosatta srl.

10.4 For the return of the Product, the user must wait for our response via email where we will provide instructions on how to proceed. The user can use a carrier of their choice for the return, with the return costs borne by the user: in this case, after exercising the right of withdrawal in accordance with the methods indicated in this article, the user must return the Product to Bosatta srl using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days from the date they communicated their decision to withdraw to Bosatta srl. The deadline is met if the user sends the Product back before the expiration of the fourteen-day period. The Product, properly protected and packaged, must be sent to the following address: Bosatta srl, Via G. Mameli 6 – 20129 Milano (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 user's responsibility; the Product is considered returned at the moment it is delivered to the carrier.

If the user used a discount code for the purchase of the Product for which they 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 regard to the value of the discount code. 

10.5 If the user withdraws from the contract, Bosatta srl will proceed with the refund of 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 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 incur any costs as a result of such refund.

10.6 In the case of partial withdrawal, the amount of the delivery costs to be refunded to the user following the withdrawal will be calculated as indicated in article 8.3 mentioned above.

10.7 The user is solely responsible for any decrease in the value of the goods resulting from handling of the Product other than what is 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 condition, 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 (that do not constitute separate products) of the Product. By way of example and not exhaustively, the following actions would invalidate the right of withdrawal: testing the exhaust on a running motorcycle, testing a windshield by using it, preparing a component for the installation of a Product that would make it unsellable (e.g., immersing a clutch in oil before installing it).

10.8 If the right of withdrawal is not exercised in accordance with the provisions of applicable law, 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 from the receipt of the Product, rejecting the request for withdrawal. If the Product has already been received by Bosatta srl, it will remain at Bosatta srl's disposal for the user to collect at their own expense and under their 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 what is necessary to establish the nature, characteristics, and functioning of the Product, the refund amount will be reduced by an amount equal to that decrease in value. Bosatta srl will communicate this circumstance and the resulting reduced refund amount to the user within 5 working days from the receipt of the Product, providing the user with the bank details for the payment of the amount due from the user due to the decrease in value of the Product, if the refund has already been made.

10.10 If, according to the law, the right of withdrawal does not apply in certain cases, specific and express communication will be provided in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the order transmission. It is reminded to the user that, according to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the case of sales of:

(i) products that are tailor-made or clearly personalized (such as exhausts, saddles, etc.);

(ii) sealed products that are not suitable to be returned for reasons of hygiene or health protection and have been opened after delivery.

11 Discount Codes

11.1 On Bosattashop.com, it is possible to make purchases using discount codes issued by Bosatta srl. If the value of the discount code is lower than the order value, 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 be used even for the purchase of products already on sale. It is not possible to use discount codes for payments of amounts lower than their value. Each discount code can be used for a single purchase. In no case do discount codes entitle to change in case of purchases of a lower amount.

11.3 Any products for which discount codes cannot be used will be duly indicated on Bosattashop.com. In the event of cancellation, for any reason, of an order for which a discount code was used, the corresponding amount will be credited to the customer's personal account.

11.4 Discount vouchers cannot be converted into cash under any circumstances.

12 Legal Warranty of Conformity

All products sold on Bosattashop.com are covered by the Legal Warranty of Conformity as provided by articles 128-135 of Legislative Decree No. 128-135 of the Consumer Code (Legal Warranty).

WHO IT APPLIES TO

The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made purchases on Bosattashop.com for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activities they may undertake. Buyers who have purchased on Bosattashop.com and do not qualify as consumers will be subject to the warranties for defects in the goods sold, warranties for promised and essential qualities, and other warranties provided by the civil code, along with their respective terms, expiration periods, and limitations.

WHEN IT APPLIES

The seller is responsible towards the consumer for any lack of conformity existing at the time of product delivery and which manifests within two years from that 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, it is presumed that any lack of conformity that becomes apparent within one year from the delivery of the product already existed at that time, unless such a presumption is incompatible with the nature of the product or the nature of the lack of conformity. Starting from the thirteenth month following the delivery of the product, it is the consumer's responsibility to prove that the lack of conformity existed at the time of delivery. 

In order to benefit from the Legal Warranty, the user must provide proof of the date of purchase and delivery of the goods. Therefore, it is advisable for the user to retain the purchase invoice sent by Bosatta Srl or any other document that can confirm the date of purchase (such as a credit card statement) and the date of delivery. 

WHAT IS A LACK OF CONFORMITY 

A lack of conformity occurs when the purchased good:

- Is not suitable for the use for which goods of the same type are typically intended;
Does not conform to the description given by the seller and lacks the qualities of the good that the seller presented to the consumer as a sample or model;

Does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, considering the statements made in advertising or labelling;

Is not suitable for the particular use desired by the consumer and communicated to the seller at the time of contract conclusion, which the seller accepted.

Any malfunctions, defects, or other issues resulting from accidental events, user responsibility, or non-compliant use of the product according to its intended use and/or the instructions provided in the product's technical documentation, if available, or the usage instructions, are excluded from the scope of the Legal Warranty.

REMEDIES AVAILABLE TO THE USER

In the event of a duly reported non-conformity within the specified terms, the user has the right to:

  • primarily, free repair or replacement of the product, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other option. Therefore, considering the specific type of sale, replacement will be offered if it is possible in relation to the number of available units for sale;
  • secondarily (in case repair or replacement are impossible or excessively burdensome, or if they haven't been carried out within a reasonable time frame, or if the previous repair or replacement has caused significant inconvenience to the consumer), a price reduction or contract resolution, at their choice.

The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be pursued, taking into account: (i) the value that the product would have if there were no non-conformity; (ii) the extent of the non-conformity; (iii) the possibility that the alternative remedy can be pursued without significant inconvenience for the consumer.

If the user has made the purchase as a "Professional" according to the provisions of the Consumer Code, the preceding paragraphs of this article do not apply. In this case, the legal warranty provided for in Article 1490 of the Civil Code will apply to their purchase on Bosattashop.com.

WHAT TO DO IN CASE OF NON-CONFORMITY

If a product purchased on Bosattashop.com, during the validity period of the Legal Warranty, shows what could be a non-conformity, the user must contact Customer Service, using the contact details and methods indicated in Article 15. Bosatta srl will promptly respond to the communication of the alleged non-conformity and provide the user with the specific procedure to follow, including arranging the shipping methods for the goods, taking into account the product category to which the Product belongs and/or the reported defect.

REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL WARRANTY

In the event of contract resolution, 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 case of a price reduction, Bosatta srl will refund the agreed-upon amount of the reduction to the user. Alternatively, the user may choose to receive a store credit, redeemable on Bosattashop.com, of equivalent value to the refund or reduction they are entitled to.

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 the improper use of the Product and/or non-compliance with the instructions provided by the manufacturer, as well as damages resulting from force majeure or unforeseen circumstances.

13 Applicable Law and Jurisdiction; Alternative Dispute Resolution/Online Dispute Resolution

13.1 The contracts concluded between users of Bosattashop.com and Bosatta srl are governed by Italian law. Without prejudice to the application of any more favourable and non-derogable provisions of the law of the country where consumer users have their habitual residence, particularly regarding the time limit for exercising the right of withdrawal, the deadline for returning products in case of exercising such right, the methods and formalities of communicating it, and the legal warranty of conformity.

13.2 It is reminded that, in the case of a consumer user, the competent court for any dispute relating to the application, execution, and interpretation of these General Sales Conditions 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 September 6, 2005 (Consumer Code), Bosatta srl informs the user who qualifies as a consumer under 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) entity or entities for the extrajudicial resolution of disputes arising from a contract concluded based on these General Sales Conditions (referred to as ADR entities, as indicated in Articles 141-bis and following of the Consumer Code), specifying whether it intends to use these entities to resolve the dispute.

Bosatta srl also informs the user who qualifies as a consumer under 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 can be accessed at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer user can consult the list of ADR entities, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

The right of the consumer user to access the competent ordinary court for the dispute arising from these General Sales Conditions, regardless of the outcome of the extrajudicial dispute resolution procedure related to consumer relationships using the procedures provided for in Part V, Title II-bis of the Consumer Code, remains unaffected.

13.4 The user residing in a European Union member state other than Italy may also access the European procedure established for small claims disputes, as provided for in Council Regulation (EC) No. 861/2007 of July 11, 2007, for any dispute relating to the application, execution, and interpretation of these General Sales Conditions, provided that the value of the dispute does not exceed, excluding interest, rights, and expenses, EUR 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

14 Reviews

14.1 In accordance with Italian Legislative Decree No. 26 of March 7, 2023, Bosattashop.com allows users to publish reviews. The Seller warrants 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, requesting them to publish their review on Bosattashop.com. Therefore, since the email is received 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 coupon. In such cases, this circumstance is duly indicated on the solicited review. Furthermore, reviews originating from sponsorships or relationships with professionals (e.g., influencers) may be published; appropriate information is provided regarding such reviews.

The tool for publishing reviews is "under construction".

15 Customer Service and Complaints

15.1 You can request information, send communications, seek assistance, or file 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

Phone: +39.030.2421209 (Mon-Fri: 08:30 AM - 12:00 PM / 2:00 PM - 4:00 PM; Saturday and Sunday: Closed).

15.2 Bosatta srl will respond to complaints within two working days after the date they are received.

16 Miscellaneous

16.1 This document governs the entire relationship between you and the Seller. However, the rights and obligations provided by the applicable law are always preserved.