General sales conditions online
General provisions
These terms and conditions apply only between CLOU srl, a user of the “myboutonnière” brand with registered office in Seregno, MB Italia, Via Ballerini no. 56 – and any person who makes purchases online at www.myboutonniere.com, hereinafter referred to as “CUSTOMER”. These conditions may be subject to change and the date on which they are published on the site is equivalent to the date of entry into force
These terms and conditions govern the purchases made at www.myboutonniere.com, in accordance with the provisions of Part III, Title III, Chapter I, Consumption Code, Legislative Decree no. n. 206/2005, as amended by Legislative Decree no. n. 21/2014 and D.lgs. 70/2003 on electronic commerce.
ARTICLE 1 – Subject of the contract
With these general sales conditions, CLOU SRL sells and the CUSTOMER purchases the mobile material goods listed and offered for sale at www.myboutonniere.com. The contract is concluded exclusively through the Internet, by accessing the CUSTOMER at www.myboutonniere.com and by making a purchase order in accordance with the procedure provided by the site itself.
The customer undertakes to view, before proceeding to confirm their order, these general sales conditions and to accept them by placing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and store a copy of these general sales conditions, as provided for in art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005
The CUSTOMER declares that, prior to the conclusion of the purchase contract, he / she is fully aware of the goods shown and the object of his purchase, also declaring himself fully informed:
of the total price of the goods, including taxes and shipping costs; of the payment methods; of the time within which CLOU undertakes to deliver the goods; the conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these Conditions) and the type of withdrawal form provided for in Annex I, Part B of Legislative Decree 21/2014, including the fact that he in case of withdrawal it will be required to return the goods; to be informed about the existence of a legal warranty on the purchase and in his favor;
ARTICLE 3 – Conclusion and Effectiveness of the Contract
The sales contract is considered to be concluded by sending CLOU SRL to the CUSTOMER of a confirmation email of the order. The email contains the CUSTOMER data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link in order to print and store the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify CLOU SRL of any corrections.
The CUSTOMER declares that although CLOU SRL is committed to describing and presenting the articles sold on the site in the best possible way, some errors, inaccuracies or small differences between the site and the actual product may arise. In addition, the photographs of the products presented on www.myboutonniere.com are not a contractual element, as they are only representative.
CLOU SRL undertakes to deliver the goods within the following days of the sending of the order confirmation email by CLOU SRL to the CLIENT.
ARTICLE 4 – Availability of products
Availability of the products refers to the actual availability when the CUSTOMER orders. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before order confirmation.
Also following the sending of the confirmation email of the order sent by CLOU SRL, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted by deleting the unavailable product and the CUSTOMER will be immediately informed by email;
If the CUSTOMER requests cancellation of the order, by terminating the contract, CLOU SRL will reimburse the amount paid within 14 days of the date on which he has been informed of the customer’s decision to terminate the contract.
ARTICLE 5 – Payment Methods
Any payment by the CUSTOMER can only be made by means of the credit cards indicated on www.myboutonniere.com with bank transfer, with Paypal payment method.
In case of payment with Paypal, the actual charge will be made upon sending by CLOU SRL of the confirmation email.
Relative communications the payment and the data communicated by the CUSTOMER when this is done take place on special protected lines. Credit card payment security is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification. ARTICLE 6 – PricesAll the sales prices of the products on www.myboutonniere.com are expressed in Euro and are Including VAT. Shipping is free if it is carried out within the territory of the Italian Republic. For all destinations outside the Republic of Italy, such costs are not included in the purchase price but are indicated and calculated by the time of the conclusion of the purchase process before the payment is made. The CLIENTE accepts the right of CLOU SRL to change its prices at any time but the goods will be billed on the basis of the prices indicated on the site at the time of the order and indicated in the confirmation e-mail sent by CLOU SRL to the CLIENT. In the event of computer, manual, technical, or qualitative errors other nature that may cause a substantial change, not provided by CLOU SRL, of the sale price to the public, making it exorbitant or clearly irresistible, the purchase order will be considered invalid and canceled and the amount paid by the CLIENT will be refunded within 14 days. from the day of cancellation. ARTICLE 7 – Right of recourse In accordance with the legal provisions in force, the CLIENT has the right to withdraw from the purchase without any penalty and without specifying the reason within 14 days from the date of receipt of the products. The CUSTOMER intending to exercise the right of withdrawal must inform CLOU SRL by express declaration, which can be transmitted by registered letter or by accessing the “CUSTOMER” section at www.myboutonniere.com, with the creation of a resume computer program. The CUSTOMER may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or Alternatively, submit the type of withdrawal form in Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is given below: Type return form pursuant to art. 49, paragraph 1, lett. h) (fill out and return this form only if you wish to cancel the contract) Clou s.r.l. (*) I notify / notify (*) the withdrawal from my (*) contract of sale of the following goods (*) – Name (s) of the consumer (s) – Consumer address (s) – Consumer signature (s) (only if this form it is sent out in hard copy) – Date (*) Delete the unused statement. In case of exercise of the right of withdrawal, the CUSTOMER is obliged to return the goods within 14 days from the day he informed CLOU SRL of his wish to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be returned to CLOU SRL at the address of Seregno, via Ballerini 56, with return costs to be paid by the CLIENT itself. The product must be returned intact and clean, in the original packaging it is also complete and clean, complete in all its parts (including packaging and any accompanying documentation and supplementary and complete documentation of the attached tax documentation.) Subject to the possibility of verifying compliance with the foregoing, CLOU SRL will reimburse the amount of products subject to revocation within a maximum of 14 days, including any shipping costs. As provided for in article 56, paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, CLOU SRL may suspend the reimbursement until the receipt of the goods or until the CUSTOMER has demonstrated that he has returned the goods. CLOU SRL will repay using the same payment method chosen by the CUSTOMER in purchase phase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise its right of withdrawal, CLOU SRL will have to provide the bank details: IBAN, SWIFT and BIC required by CLOU SRL at www.myboutonniere.com for reimbursement by CLOU SRL. ARTICLE 8 – Legal Compliance Guarantee In the event of receipt of non-compliant or defective products, CUSTOMER has the right to repair the product without the expense of the product being repaired or replaced. CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the goods and denounces the defect to CLOU SRL within two months of the discovery. ARTICLE 9 – Delivery Methods The products purchased will be delivered by express courier’s Address indicated by the CUSTOMER at the time of order within and not more than 30 days. from the date of receipt by the CLIENT of the confirmation e-mail sent by CLOU SRL. For every order made on www.myboutonniere.com, CLOU SRL issues invoice of the shipped product. The invoice is available and printable after the order is delivered in the appropriate section of the site. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the invoice is issued, no modification will be made to the data specified in it. ARTICLE 10 – LiabilityCLOU SRL assumes no liability for any disavowal due to force majeure or fortuitous accident, even if it is disrupted by malfunctions and disruption of the Internet network , in the event that it fails to execute the order within the times stipulated in the contract. ARTICLE 11 – Access to the Site The CLIENT has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its contents, is permitted. The integrity of this site, whether sound or visual, and the related technology remain the property of CLOU SRL and are protected by intellectual property law. ARTICLE 12 – CookiesThe web site www.myboutonniere.com uses “cookies “. Cookies are electronic files that store CUSTOMER’s browsing information on the site (consulted pages, date and time of consultation, etc.) and allow CLOU SRL to offer a customized service to its customers. ARTICLE 13 – IntegrityThis Policy Sales Generals are made up of all the clauses that make up them. If one or more of the provisions of these General Terms and Conditions of Sale are considered invalid or declared in accordance with the law, regulation or decision of a court having jurisdiction, the other provisions will continue to be fully effective and effective. ARTICLE 14 – Applicable Law and Competent Jurisdiction The present General Conditions of Sale are subject to Italian law. Any dispute that is not a friendly solution will be subject to the exclusive jurisdiction of the Court of Monza. In any case, it may be possible to use the mediation procedures to Legislative Decree 28/2010, for resolving any disputes arising out of the interpretation and execution of these conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr