ART. 1) OBJECT
These General Terms and Conditions of Sale ("General Conditions") are prepared in accordance with Part I, Title 3, Part 3, Legislative Decree 206/2005 and subsequent amendments and integrations ("Consumer Code") and have as their object the sale of products made at a distance through a telematic network on the bulsarastidio.it website ("Site") owned by Bulsara Studio di Camilla Andretta with registered office in Italy, at via Sebastiano del Piombo 5, 20149 Milano (M), registered with Milano Companies Register VAT number 13135070962. The products offered on the Site are sold directly by Bulsara Studio di Camilla Andretta and are reserved for consumers and end users ("Customers"), excluding subjects such as traders, wholesalers, resellers, professionals, etc., intending to resell the related products to third parties or use them for professional purposes. Bulsara Studio di Camilla Andretta reserves the right to modify these General Conditions at any time, also as a result of any need for updates to the applicable regulations, and in this case, the new updated General Conditions will apply to purchases made after their publication on the Site.
ART. 2) ONLINE SALES AND PRODUCTS
2.1 An online sales contract is understood to be the distance contract concluded between the Customer and Bulsara Studio di Camilla Andretta for the purchase of products sold by the latter on its own Site ("Products"). Therefore, these contracts will be concluded directly by the Customer accessing the Site at the address bulsarastudio.it. 2.2 For each of the Products, a brief description is available on the Site, which may be in Italian and/or English, and one or more images. The descriptions and images are for illustrative purposes only; therefore, unless there is willful misconduct or gross negligence, Bulsara Studio di Camilla Andretta disclaims any liability for any inaccuracies related to them. In particular, the images accompanying the product description may not be perfectly representative of its characteristics but may differ in color, size, etc. compared to the actual features, also due to the Internet browser, monitor, or device used by the Customer for browsing the Site. It is understood that in case of a difference between the image and the written product description, the description on the Product card always prevails. 2.3 In order to complete the purchase procedure for the Products, the Customer must enter the data and contact information required in the appropriate form available on the Site and indicate, if applicable, the delivery address requested if different from the residence. The Customer can also choose to register on the Site and create their own account, which will be accessible through a personal code (password) and an identification code (User-ID). The data provided by the registered Customer will be stored by Bulsara Studio di Camilla Andretta so that the Customer can, even after registration, make purchases without having to provide all their data again, subject to the exclusive responsibility of the Customer for any changes in data or contact information that occur after the first registration. The access codes to the Customer's account are personal and cannot be transferred to third parties, must be kept secret, and, for security reasons, should not be stored together or recorded on a single document. In case the Customer forgets the password and/or User-ID chosen at the time of registration, they must follow the procedure indicated in the appropriate section of the Site to request new access credentials. The Customer is also prohibited from entering false names or addresses, and/or inventing fictitious ones in the online order, registration, and in any further communications. In the event of a violation of this prohibition, Bulsara Studio di Camilla Andretta reserves the right not to process the order, cancel or suspend the registered Customer's account, and take any other action it deems appropriate, even in the interest of the correctness and transparency of online commercial relationships. The Customer also indemnifies Bulsara Studio di Camilla Andretta from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer, as the Customer is solely responsible for the correct input. 2.4 The correct receipt of the order is confirmed by Bulsara Studio di Camilla Andretta with an email response sent to the email address provided by the Customer. This confirmation message must be retained by the Customer and will include the date and time of order execution, a Customer order number to be used for any communication with Bulsara Studio di Camilla Andretta, and a link to these General Conditions. The message will also contain all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections. Bulsara Studio di Camilla Andretta reserves the right, before sending the order confirmation, to request further information from the Customer regarding the purchase order made on the Site. In the case of online purchases from non-EEA countries, the costs related to the payment of any taxes, duties, excises, and customs clearance expenses shall be borne by the Customer.
ART. 3) PRODUCT UNAVAILABILITY
The temporary unavailability of products is normally indicated on the Site. In the event of unavailability of the Products ordered, occurring after the Customer's purchase on the Site, Bulsara Studio di Camilla Andretta will notify the Customer, who must confirm whether the order should still be processed for the available products, resulting in the refund of those not available, or if the Customer intends to cancel the entire order. Bulsara Studio di Camilla Andretta disclaims any liability for damages resulting from the non-acceptance, even partial, of an order by Bulsara Studio di Camilla Andretta.
ART. 4) ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND PRIVACY POLICY
The Customer, by electronically submitting their purchase order, accepts and undertakes to comply with these General Conditions, the Privacy Policy published on the Site, and any other regulations published from time to time in relation to individual promotions. In the event of a Customer's violation of the commitments undertaken herein, subject to any other legal remedy, Bulsara Studio di Camilla Andretta reserves the right to suspend or cancel the Customer's account, if registered, or not accept further orders from the same Customer.
ART. 5) SALES PRICES
Unless otherwise indicated in writing, all prices are considered inclusive of VAT and expressed in Euros. The prices applied to the Customer are always and only those indicated at the time of the order submission by the Customer.
ART. 6) PAYMENT METHODS
6.1 Payment for the Products purchased by the Customer, as well as the related delivery charges, can only be made by credit card, through an online transaction on the bank's platform or PayPal.
6.2 In the event of the exercise of the right of withdrawal by the Customer after the payment of the Products purchased online, Bulsara Studio di Camilla Andretta will instruct the bank to credit the refund amount to the Customer's credit card.
6.3 The Customer must be the holder of a valid credit card at the time of the order of the Products purchased online. At no time during the purchase process is Bulsara Studio di Camilla Andretta able to know the information related to the Customer's credit card, which is transmitted via a secure connection directly to the banking institution that manages the transactions.
ART. 7) DELIVERY METHODS
7.1 All purchases will be delivered by express courier. Orders are usually processed within 3 working days, with the exception of the pre-order (available on selected products) that will be shipped according to the delivery date specified on the product sheet, the Customer may ask for information about the availability of products not in stock. The delivery will take place from Monday to Friday during normal office hours, excluding national holidays. Bulsara Studio di Camilla Andretta is not responsible for unpredictable delays.
7.2 Once the Products are sent, the Customer will receive an email with the tracking number that will allow tracking the shipment.
7.3 The Customer is responsible for verifying the conditions of the Products that are delivered to him. In the case of anomalies, the Customer is required to inform the courier and Bulsara Studio di Camilla Andretta.
7.4 Upon delivery, the Customer is required to verify the number of packages delivered and that the packaging is intact, not damaged, or otherwise altered, even in the closing materials. In case of doubt, the Customer must promptly raise the dispute with the courier and report it to Bulsara Studio di Camilla Andretta. If the Customer does not do this, Bulsara Studio di Camilla Andretta will not be held responsible.
ART. 8) LEGAL WARRANTY OF CONFORMITY
Bulsara Studio di Camilla Andretta is responsible for any defects in the Products offered on the Site, including the non-conformity of the item to the ordered Products, in accordance with the legal provisions of the Italian Consumer Code. If the Customer has entered into the contract as a Consumer (meaning a natural person who buys the Products for purposes not related to his professional, entrepreneurial, or artisanal activity), this warranty is valid on the condition that both the following conditions are met:
the defect occurs within 24 months from the date of delivery of the Products;
the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the Customer.
In the event of a defect, Bulsara Studio di Camilla Andretta will, at no cost to the Customer, restore the conformity of the Product by repairing or replacing it or reducing the price or terminating the contract. If the Customer requests a repair or replacement, this request must be sent to Bulsara Studio di Camilla Andretta by email to info@bulsarastudio.it, which will respond to the Customer within two working days. If the Customer requests a repair or replacement, Bulsara Studio di Camilla Andretta will instruct the Customer on how to return the Product. Any repair or replacement request that does not meet these conditions will not be valid. If the Customer requests a price reduction or termination of the contract, it must inform Bulsara Studio di Camilla Andretta by email, indicating the defect and/or non-conformity found, Bulsara Studio di Camilla Andretta will respond to the Customer within two working days. The Customer must then return the Products to Bulsara Studio di Camilla Andretta in accordance with the instructions provided by the Customer, which will instruct the Customer by email on how to return the Products. After receiving the Products, Bulsara Studio di Camilla Andretta will assess whether the Products are actually defective and non-compliant. If Bulsara Studio di Camilla Andretta finds that the Products are not defective or non-compliant, the Customer will be notified, and the Products will be returned to the Customer, charging the related shipping costs. If the Customer requests the repair or replacement of a Product and Bulsara Studio di Camilla Andretta is unable to do so within 30 days from the date on which the Customer made the request, or if the repair or replacement causes significant inconvenience to the Customer, the Customer can request a reduction in the price or the termination of the contract. In this case, the Customer must send his request to Bulsara Studio di Camilla Andretta, which will respond within two working days. The Customer must also indicate the proposed price reduction or the reasons for the contract termination. The request can be sent by email to info@bulsarastudio.it. Bulsara Studio di Camilla Andretta will instruct the Customer on how to return the Products. After receiving the Products, Bulsara Studio di Camilla Andretta will assess whether the Products are actually defective and non-compliant. If Bulsara Studio di Camilla Andretta finds that the Products are not defective or non-compliant, the Customer will be notified, and the Products will be returned to the Customer, charging the related shipping costs.
ART. 9) LIABILITY OF Bulsara Studio di Camilla Andretta
9.1 Bulsara Studio di Camilla Andretta cannot be held responsible for the inefficiency of the contract in the event of force majeure, fortuitous event, or any unforeseeable and insurmountable event that prevents, in whole or in part, the execution within the terms established by the contract. Bulsara Studio di Camilla Andretta cannot be held responsible for any use of the Products that does not comply with the laws in force in the country where the Products are delivered. The Customer is solely responsible for the proper use of the Products. Bulsara Studio di Camilla Andretta is not responsible for damage caused by the improper use of the Products. 9.2 The Customer is liable for the correctness of the information provided to Bulsara Studio di Camilla Andretta, and it is expressly forbidden to enter false and/or invented data in the registration procedure required to activate the process for the execution of this contract and the related further communications. It is also expressly forbidden to make double entries corresponding to a single person or enter data of third parties. 9.3 Bulsara Studio di Camilla Andretta is not responsible for the fraudulent or illegal use that may be made by third parties, credit cards, checks, and other means of payment, upon payment of the Products purchased. Bulsara Studio di Camilla Andretta, in fact, at no time during the purchase process, is able to know the Customer's credit card information which, through a secure connection, is transmitted directly to the bank handling the transaction. Therefore, Bulsara Studio di Camilla Andretta is not responsible for any fraudulent use of credit cards by third parties upon payment of the Products purchased on its Site. 9.4 In no case can Bulsara Studio di Camilla Andretta be held responsible for delays in the order delivery or non-delivery of the order.
ARTICLE 10) CONFORMITY GUARANTEE
The Products purchased on the website are subject to the legal guarantees provided for in Articles 129, 130, and 132 of the Consumer Code. These guarantees apply to the Product in case of conformity defects and/or malfunctions that were not evident at the time of purchase, provided that the product has been used correctly and with due diligence, respecting its intended purpose and the instructions provided in any technical documentation, complying with the various operational rules indicated therein. The aforementioned guarantee will not be applicable in cases of negligence, mishandling, or improper product maintenance. The guarantee is personal and, therefore, applies only to the original buyer. Any non-conformity of the Products must be reported within the time limits required by law to the following email address: camilla@bulsarastudio.it, along with a copy of the order confirmation sent by Bulsara Studio di Camilla Andretta via email. To exercise the right to guarantee, when returning the non-conforming Product to Bulsara Studio di Camilla Andretta, it must be complete with the original packaging, accessories, and documentation received by the Customer at the time of purchase. Sending the Product without the original packaging, accessories, and documentation mentioned above will prevent Bulsara Studio di Camilla Andretta from replacing the Product with the manufacturer and renders this guarantee inapplicable. Bulsara Studio di Camilla Andretta reserves the right to verify the actual defects reported by the Customer and, at its discretion but without prejudice to the provisions of Article 130 of the Consumer Code, to repair or replace the Product only after such inspection. If, following the verification by Bulsara Studio di Camilla Andretta, the defect is not deemed to be a conformity defect, Bulsara Studio di Camilla Andretta reserves the right to charge the Customer for the inspection and restoration costs as well as the related shipping costs. The Customer loses these rights if they do not report the conformity defect to Bulsara Studio di Camilla Andretta within two months from the date of discovery.
ARTICLE 11) RIGHT OF WITHDRAWAL
11.1 The Customer, provided that they are a consumer, i.e., an individual who purchases goods for purposes not related to their professional activity, has the right to withdraw from the contract for any reason within 14 (fourteen) working days from the date of delivery of the Products.
The right of withdrawal is subject to the following conditions:
- The right does not apply to professionals, companies, or those who request an invoice;
- The right applies to the entire Product and not to its parts or components;
- The Products must not have been used, worn, washed, or damaged;
- The label and/or packaging must be intact.
11.2 The right of withdrawal is excluded, under Article 59 of the Consumer Code, in the case of: - Orders for custom-made or clearly personalized Products;
- Orders for Products that may deteriorate or expire rapidly;
- Orders for sealed Products that are not suitable for return for reasons of hygiene or related to health protection or have been opened after delivery.
11.3
To exercise the right of withdrawal, the Customer must send a notice to the email address camilla@bulsarastudio.it within the aforementioned period of 14 (fourteen) working days from the day of receiving the Product, indicating the intention to withdraw from the contract. The Customer must arrange for the return of the Product to Bulsara Studio di Camilla Andretta, using a courier of their choice, to the address: Bulsara Studio di Camilla Andretta, Via Sebastiano del Piombo 5, 20149 Milan (MI). The Product must be returned intact and carefully packaged in the original packaging, complete with all accessories. According to the law, the shipping costs related to the return of the Product are at the Customer's expense. In the case of multiple Products related to the same order for which the Customer has exercised the right of withdrawal, they must be sent to Bulsara Studio di Camilla Andretta in a single shipment. Bulsara Studio di Camilla Andretta is not responsible for any damage or theft/loss of Products returned with uninsured shipments.
11.4 In addition to the right of withdrawal, the Customer has the option to request the exchange of the size/color of the purchased Product. In this case, the return shipping costs are borne by the Customer. This option is granted to the Customer on the condition that the requested new Product is of the same model as the one they intend to return. After verifying the availability of the requested merchandise for a size/color exchange, Bulsara Studio di Camilla Andretta, after receiving the returned item from the Customer, will provide the Product in the requested sizes without any additional shipping costs to the Customer. The confirmation of the availability of the requested size/color, communicated to the Customer at the time of the size/color exchange request, does not guarantee that the new size/color will still be available at the time of receiving the returned item at the Bulsara Studio di Camilla Andretta office: if it is not available, the Customer can inform Bulsara Studio di Camilla Andretta of their desire to withdraw the purchase.
11.5 In the event of the exercise of the right of withdrawal, Bulsara Studio di Camilla Andretta will refund the Customer the full amount of the returned goods, excluding shipping costs or customs duties, within 14 days from the date on which the notice of withdrawal was received, provided that Bulsara Studio di Camilla Andretta has the right to suspend the payment of the refund until the goods are actually received. The refund will be made by bank transfer.
ARTICLE 12) INFORMATION AND COMPLAINTS
For any requests for clarification or complaints, Bulsara Studio di Camilla Andretta can be contacted at the following email address: camilla@bulsarastudio.it.
ARTICLE 13) COMMUNICATIONS
The Customer accepts that all communications, notifications, attestations, information, and any documentation related to the operations carried out concerning the purchase of the Products will be sent to the contact details, including email, provided at the time of registration or ordering, with the possibility of downloading the information on a durable medium in the ways and within the limits provided by the Website.
ARTICLE 14) CANCELLATION OF ORDERS BY BULSARA STUDIO DI CAMILLA ANDRETTA
Bulsara Studio di Camilla Andretta reserves the right to cancel an order or an item from an order if the following circumstances occur: items that are reported as out of stock; items that, due to specific issues, cannot be delivered; credit card fraud.
ARTICLE 15) JURISDICTION AND COMPETENT COURT
This contract will be governed by Italian law. For any dispute regarding the validity, interpretation, or execution of this contract, the court of the Customer's residence will have jurisdiction.
Under Article 1341 of the Italian Civil Code, by selecting the "Accept" checkbox during the purchase process on the Website, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 2.2 Exclusion of liability for image non-correspondence;
2.3 Bulsara Studio di Camilla Andretta's right to suspend and delete accounts – Customer indemnity in case of providing incorrect or false data;
3 Bulsara Studio di Camilla Andretta's exclusion of liability for non-acceptance of an order;
4 Remedies of Bulsara Studio di Camilla Andretta in case of Customer violations;
7 Customer's forfeiture for failing to report quantitative or qualitative discrepancies to the courier;
9 Bulsara Studio di Camilla Andretta's limitations and exclusions of liability;
10 Deadline for reporting conformity defects;
11 Bulsara Studio di Camilla Andretta's right to cancel purchase orders.