GENERAL TERMS AND CONDITIONS OF SALE OF BROOZY
The present general conditions of sale apply to the sales contract relating to any purchase of products (hereinafter “Products”) executed through the e-commerce website www.broozyofficial.com (hereinafter the “Site”) by users qualifying as “Consumers” pursuant to article 1.5 below.
The use of the services by the User through the Site is exclusively governed by the provisions of these conditions (hereinafter referred to as the “Conditions”). The Conditions are made available to the User on the Site and can be stored and reproduced. These conditions govern purchases made on the www.broozyofficial.com site, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree 70/2003 concerning electronic commerce.
1.1 BROOZY by Perilli Luca Lorenzo, with registered office in Via Attilio Momigliano n. 8, 67051 Avezzano (AQ) (hereinafter, and for brevity, “Broozy”), operating through an online platform (www.broozyofficial.com; hereinafter, and for brevity, “the portal”) has as its corporate purpose the sale and promotion of the sale of products (hereinafter, and for the sake of brevity, “products”) of companies (hereinafter, and for brevity, “the Partner”) to third parties (hereinafter, and for brevity, ” i / the Customer / Customer “).
1.2 With these general conditions of sale, Broozy sells and the Customer purchases remotely the tangible movable property indicated and offered for sale on the portal. The contract is concluded exclusively through the internet, through the access of the Customer to the portal and the realization of a purchase order according to the procedure provided by the site itself and by these Terms and Conditions.
1.3 The customer undertakes to read these general conditions of sale before proceeding with the confirmation of his order, in particular the pre-contractual information provided by Broozy and to accept them by affixing a flag in the indicated box.
1.4 In the e-mail confirming the order, the Customer will receive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
1.5 Purchases of Products made through the Website will see the Seller as the party and the person who purchases one or more Products for purposes not related to their business, commercial, craft or professional activity, as a buyer (hereinafter the “Consumer”). “And, together with the Seller, hereinafter collectively also referred to as the” Parties “.
1.6 All the contents of the Site are protected by copyright and the relative copyright are the property of Broozy. The Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, linked and used, in particular for commercial purposes, without the prior written consent of Broozy.
1.7 Any communication by the Consumer connected and / or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Website www.broozyofficial.com.
1.8 Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer. The Consumer who accesses the Site to make purchases is required, before sending the order, to carefully read these General Conditions which have been made available on the Site and which can be consulted at any time by the Consumer.
1.9 The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Individuals who are not consumers are requested not to execute purchase orders. If one or more sales are made to a subject that cannot be qualified as a Consumer, these general sales conditions will apply, but notwithstanding the provisions of the same: a) the buyer will not be entitled to the right of withdrawal referred to in the Article 8; b) the purchaser will not be able to benefit from the guarantee on the Products indicated in Article 9; c) the purchaser will not be recognized any other protections provided here in favor of the Consumer, which reflect or comply with mandatory provisions of the law; d) the sales contract concluded between the Seller and the purchaser will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.
1.10 Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and the present general conditions of sale are sent to him by e-mail to the address stated by him during registration on the Site or during the purchasing process.
1.11 In order to make purchases through the Site, the Consumer must have the legal age (18 years) and the legal capacity to act, which the Consumer declares to possess.
1.12 Any costs for connecting to the Website via Internet, including telephone charges, according to the rates applied by the operator selected by the Consumer himself, are the sole responsibility of the Consumer.
2. CHARACTERISTICS OF THE PRODUCTS AND THEIR AVAILABILITY IN THE DIFFERENT GEOGRAPHIC AREAS
2.1. The Products are sold with the characteristics described on the Site, in particular in the relative descriptive sheet, and according to the general sales conditions published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to change these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded as of that date.
2.3. Prices, Products for sale on the Site and / or their characteristics are subject to change without notice. Therefore, before sending the purchase order, the Consumer is asked to check the final sale price.
2.4. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its features and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
3. INFORMATION ON THE PRODUCTS SUBJECT TO THE PROPOSAL
3.1 The customer before the conclusion of the purchase contract, takes a look at the characteristics of the goods that are illustrated in the individual product data sheets at the time the customer chooses the product.
3.2 According to the articles 49 and 51 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, before the conclusion of the purchase contract and before the validation of the order with payment obligation, the Customer is informed regarding: a) total price of the goods including taxes, with details of shipping costs and any other costs; b) address of the Broozy office and related contact details (telephone number, fax number, e-mail address); c) methods of payment, delivery and execution, as well as the date by which Broozy undertakes to deliver the goods; d) in the event of the existence of a right of withdrawal, the conditions, terms and procedures for exercising this right in accordance with art. 54, paragraph 1 of Legislative Decree 206/2005, as well as the standard withdrawal form referred to in Annex I, Part B of Legislative Decree 21/2014; e) information that the Customer will have to bear the cost of returning the goods in case of withdrawal; f) existence of the legal guarantee of conformity for the goods purchased; g) possible existence of conditions of after-sales assistance, after-sales services and commercial guarantees;
3.3 Prior to the publication of the Proposal on its Broozy Website, it verifies the existence and actual operation of the Partner when registering the Partner company on the site.
3.4 Broozy is also liable to the Client in the event of failure to identify the Partner, as well as in the case of failure or non-diligent conduct of the checks. Broozy also responds, in accordance with the law, in all cases in which it has not used professional diligence in the provision of its services.
4. AVAILABILITY AND DURATION OF THE OFFERS
Each offer has an availability determined by the Partner company, which will be specified to the Customer through the Website. This availability can be changed during the course of the offer by the Partner company.
5.A PRICE OF PRODUCTS / SERVICES AND DELIVERY COSTS
5.1 The price of the product or service object of the offer must be understood as including all taxes and duties that may be imposed on it
5.2 Likewise, and unless otherwise specified in the individual proposal, when the same has as its object a product the delivery costs are not included in the price.
5.3 Broozy undertakes to ensure that the product is delivered to the customer no later than 30 days from the conclusion of the sales contract
5.B CONCLUSION OF THE CONTRACT
5.1 The sales contract will be concluded only if Broozy has successfully recorded the payment by the Customer. In the event that the payment fails at first (eg due to non-existence of the bank account indicated due to lack of coverage, incorrect credit card number or credit card limit), the contract will not be considered valid.
5.2 Once the contract has been concluded, a copy of the order and the applicable conditions will be kept by Broozy in their computer archives.
6. PAYMENT OF THE PRICE AND REFUNDS
6.1 In the event of conclusion of the contract, Broozy will debit the purchase made on the credit card (Visa, Mastercard, American Express, Visa Electron and / or other similar credit cards) or through the PayPal account used by the customer
6.2 The amounts to be debited can be blocked already at the end of the purchase process, even if the actual charge occurs at a later time.
6.3 The Customer will be required to notify Broozy of any abnormal or not due charge, via email to broozyofficial.com as soon as he has become aware of it, so as to allow Broozy to carry out the appropriate checks.
6.4 The Customer has the right to reimbursement (by crediting in accordance with art. 9.6 and within the time limits set by art. 9.7) of the amounts debited in the following cases: · failure to generate the order; · The Partner’s impossibility to guarantee the provision of the service; · Closure of the business activity of the Partner, even temporary;
6.5 If the description on the Site is incorrect: in some rare cases the Partners may make mistakes. If we notice an error, we may contact the Customer to change or cancel the order.
6.6 The Customer must present his claim within 3 working days from the occurrence of the malfunction; Broozy will carry out the appropriate checks at the Partner and will reply to the Customer within 15 working days, according to what is better specified in the clause
6.7. In the event of partial use of the service, the reimbursement may be in proportion to the service enjoyed by the Customer.
6.8 Refunds are always made directly on the same card used for the purchase. It is not in any way foreseen that Broozy will make a bank transfer or credit the amount of the reimbursement to a different card / bank account or / registered to others.
6.9 Broozy will inform the Customer of the acceptance and the expected timing for obtaining the reimbursement and to have visibility on the current account associated with the card used for the purchase. The following are the maximum times required to carry out the management of the repayment process starting from the request received by contacting the Customer Care:
· 15 working days to be able to carry out the necessary checks with reference to the request made by the Customer (for example: check shipping status, Partner contact for failed or non-compliant service delivery, involvement of the Commercial Area or other useful Business Areas to verify and manage the problem encountered). This time period is to be understood as Broozy’s maximum management time.
· 5 working days foreseen for the administrative management of the case if the refund request is accepted.
The 5 days are calculated starting from the date of acceptance of the reimbursement procedure; this time period is to be understood as Broozy’s maximum management time; Furthermore, it will be necessary to wait for the specific banking times to have visibility of the crediting, usually from 7 to 30 days, depending on the conditions of the reference Credit Institution. For purchases made through the PayPal circuit, there are shorter deadlines than those of credit institutions.
6.10 Broozy has no power to intervene with regards to the crediting times which are at the discretion of the relevant Banking Institute and PayPal.
7.1 The Customer who has purchased products through the portal has the right to withdraw from the contract concluded Broozy without any reason and without having to incur costs other than that of returning the goods, within 14 days from the date of receipt of the goods.
7.2 The Customer may withdraw by sending Broozy any explicit declaration containing the decision to withdraw from the contract or, alternatively, to send the standard withdrawal form referred to in Annex I, Part B, Legislative Decree 21/2014. In any case, the burden of proof relating to the successful exercise of the right of withdrawal rests with the Customer.
7.3 In case of exercise of the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to Broozy his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be returned or returned to the address of the partner that will be provided by Broozy.
7.4 The goods must be returned intact, in the original packaging, complete in all its parts and accompanied by the relative tax documentation. Without prejudice to the right to verify compliance with the above, Broozy will reimburse the amount of the products covered by the withdrawal, including shipping costs, within 14 days. As required by art. 56, paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Broozy can suspend the reimbursement until receipt of the goods or until the Client has demonstrated that he has actually returned the goods. Broozy will make the refund using the same payment method chosen by the Customer during the purchase, unless the Customer and Broozy have expressly agreed otherwise and on condition that the Customer does not incur any costs as a result of the refund. Broozy will not be required to reimburse the additional costs if the Customer has expressly chosen a different type of delivery from the less expensive type offered by Broozy itself.
7.5 For the exercise of the right of withdrawal it is not required that the goods to be returned are insured against theft and accidental damage caused by transport. However, since the risk inherent in the return of the goods rests with the buyer, Broozy invites the buyer who intends to exercise the right of withdrawal to ensure, at his own expense, the shipment for the value indicated in the order confirmation e-mail of purchase.
7.6 According to the art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to products made to specifications or clearly personalized or that are liable to deteriorate or expire rapidly. Without prejudice to the foregoing, Broozy offers users the possibility of being reimbursed for the price paid for an unrecognized product, even if included in the category of products for which the right of withdrawal is not provided, under the following conditions: – the user must send a communication within 4 days of receipt of the goods to the address indicated on the website www.broozyofficial.com: – the reasons why the product was not appreciated; – the desire to take advantage of the “Satisfied or Reimbursed” policy.
8. LEGAL GUARANTEE OF CONFORMITY
8.1 Broozy has the obligation to deliver to the customer products that comply with the sales contract. It is assumed that the products comply with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use to which products of the same type are normally used; b) comply with the description given and have the quality of the product that has been presented to the Customer as a sample or model; c) present the usual qualities and performance of a product of the same type, which the Customer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, from manufacturer or his agent or representative, particularly in advertising or labeling; d) they are also suitable for the particular use requested by the Customer and that was brought to their knowledge by the time of the conclusion of the contract and that Broozy has also accepted for conclusive facts.
8.2 In the event of receipt of products that do not comply with the orders, the Customer has the right to restore the cost of the product by repairing or replacing the product without charge. The Customer can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect within two months from the discovery.
8.3 Broozy is liable to the Customer solely for the lack of conformity of the products (except, in any case, the possibility of Broozy to act in recourse against the Partner); in the event of damage of any kind caused by defective or unsafe products, the Customer must act directly against the Partner to whom the product is referred, in accordance with the provisions of articles 102 and following of Legislative Decree 205/2006.
9. INTELLECTUAL PROPERTY AND DISTINCTIVE SIGNS
9.1 Without prejudice to the limitations relating to the content of the Proposal and the use of the distinctive signs of the Partners, Broozy is the holder of all rights relating to the graphic and conceptual content of the Website as well as the distinctive signs made visible in it.
9.2 It is therefore forbidden to reproduce, even partially, the content and graphics of the Website, as well as distinctive signs made visible in it.
10. EFFECTIVENESS OF CONDITIONS OF USE
The relationships between Broozy and Customers of the Website, including Registered Customers and those who have performed transactions through the Website, are governed by the conditions of use published on the Website, as appropriate , at the time of registration or registration, while each transaction is governed by the conditions of use published on the Website at the time of purchase by the Registered Customer.
11. APPLICABLE LAW AND JURISDICTION
11.1 These General Conditions are subject to Italian law.
11.2 Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if located in the territory of the Italian State.
11.3 In any case, it is possible to optionally resort to mediation procedures pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these terms and conditions of sale.
12. PRIVACY STANDARDS
12.1 Broozy adopts highly ethical standards and respects your privacy. Unless required by law from the corresponding jurisdictions, and except for the transmission to the Partner company of your name and telephone number and possibly postal address – in order to complete the delivery of the order – we will not disclose your personal data to third parties without your consent. However, we reserve the right to disclose your personal data to our employees and those of the group of our affiliated companies and our agents and trusted representatives who, with our consent, have access to such information and who need to access it with the sole purpose of performing their duties on our behalf (including customer service and internal surveying companies), all so that you can enjoy an ever better service.
12.2 Broozy is the data controller of the personal data communicated by the Customers at the time of registration and / or registration.
12.3 The personal data communicated by the Customers are processed to satisfy the requests of the Customers themselves (registration, registration and purchase of the products or services) and in any case for the sending, subject to the express acceptance of the customer, of the periodic Newsletter to e-mail address indicated at the time of registration or registration.
12.4 The provision of personal data by the Customer is purely voluntary, and is a prerequisite, depending on the case, for registration, registration or execution of transactions through the website.
12.5 The aforementioned data are processed both electronically and electronically, with methods and tools aimed at guaranteeing maximum security and confidentiality and are made accessible only to Broozy personnel duly appointed to the processing.
12.6 The personal data communicated by the Customers will in no case be disclosed, but may be communicated – for the same purposes for which the collection is made – to third parties belonging to the following categories: · entrusted with the activities of shipping, delivery and return of the products purchased ; · Business partners, if they handle the shipment to the Customer of the items purchased by them or if they need to send receipts and / or invoices in order to offer the service requested by the Customer; · Subjects that provide services for the management of Broozy’s information system and telecommunications networks; · Companies that perform collection and payment services using credit cards; · Subjects that carry out operations of control, revision and certification of the activities carried out by Broozy also in the interest of the Customers; · Accountants, for accounting and tax purposes; · Consultants or other subjects that provide related services. Customers may contact Broozy to enforce the rights recognized in favor of those affected by the art. 7 of Legislative Decree no. 196/03.
In particular, each Customer may: (i) obtain confirmation of the existence or not of personal data concerning him and have it communicated in an intelligible form; (ii) know the origin of the data, the purposes of the processing and its methods, as well as the logic applied to the processing carried out using electronic means; (iii) request the updating, rectification or – if interested – the integration of data concerning him; (iv) obtain the cancellation, transformation into anonymous form or blocking of any data processed in violation of the law, as well as opposing, for legitimate reasons, the processing; (v) oppose any processing aimed at sending advertising material, direct sales, carrying out market research and commercial communication.
12.7 Broozy adopts every standard relating to the management of privacy in compliance with the provisions of the EU regulation 679/2016 GDPR.
13 DELIVERY OF GOODS AND ACCEPTANCE
13.1. The Site indicates the availability of the Products and the delivery times of the same; however, this information is to be considered purely indicative and not binding for the Seller. Some Products may not be available for delivery on certain days of the week; therefore, the Consumer is invited to check any restrictions on the delivery of these Products in the relative description, before proceeding with the purchase.
13.2. The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and chosen by the Consumer. The Seller cannot therefore be held responsible for any loss or damage suffered by the Consumer due to delays in the delivery of the Products, unless such delay is attributable to fraud or the Seller’s fault. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product pursuant to the following par. 13.3.
13.3. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly check, and in the shortest possible time, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect of the Products received or of their differences with respect to the order made, according to the procedure referred to in the following art. 9 of these general sales conditions; in default the products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer should arrive at destination clearly damaged, the Consumer is obliged (i) to accept the delivery “with reservation” noting the “reserve” on the delivery note or, alternatively (ii ) refuse delivery by the carrier / shipper.
14 LIABILITY FOR DAMAGE FROM DEFECTIVE PRODUCTS
14.1. As regards any damage caused by defects in the Products, the provisions of European Directive 85/374 / EEC and Italian Legislative Decree n. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the Site, is released from any responsibility, none excluded and / or excepted, indicating the name of the relevant Product manufacturer.
15.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.
15.2. The Seller, with regard to data relating to payments by credit card, uses the services of the company Stripe which adopts technological systems designed to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
16 FORCE MAJEURE
6.1. The Seller will not be liable in the event of total or partial non-fulfillment of the obligations borne by him in this contract if such failure is caused by unforeseeable events and / or natural events beyond his reasonable control, including, but not limited to, , catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and / or private workers, strike and / or restrictions on the viability of couriers and air connections.
17.1 Unless otherwise specified, the software necessary to provide our services, made available or used by our website, and the copyright of the contents (including copyright), information and material on our site are of property of Broozy.
17.2 To the extent permitted by law, these terms and conditions, as well as the provision of our services, will be regulated and interpreted in accordance with Italian law and any dispute arising from these terms, the general conditions and our services will be referred exclusively to the courts of competence.
17.3 The original text in Italian of these Terms and Conditions may have been translated into other languages. The translated version is unofficial and for illustrative purposes only, therefore without legal value. In the event of disputes or inconsistencies or discrepancies between the Italian text and the translations in the other languages of these Terms and Conditions, the Italian text will prevail and be the final version. The English text is available on our website (by selecting the English language) or will be sent upon written request.
17.4 In the event that any of the clauses of these Terms and Conditions is not valid, loses validity, is or becomes non-binding, the Customer will continue to comply with all the other clauses set forth herein. In this case we will replace the aforementioned clause with a clause that is valid and binding, which has an effect that is as similar as possible to the one replaced and that you undertake to accept in respect of the contents and purposes of these Terms and Conditions.
17.5 Broozy at its discretion may at any time suspend or cancel the registration on the site of a Client or a Partner.
17.6 Any agreements between the parties prior to the conclusion of the contract, additions or modifications will be considered integral parts of the contract between the parties, provided that Broozy has expressly accepted them in writing. No verbal agreement between the parties will be considered valid and binding.
17.7 Broozy reserves the right to unilaterally modify these conditions.
17.8 Broozy will communicate to the User (Customers and Partners) by e-mail or notice in its personal Area, with a notice of at least 30 (thirty) days, any modification of these General Conditions, with the warning that such changes will be considered accepted by the User except that the latter, within the term of 15 (fifteen) days from receipt of the aforementioned communication from the latter, does not exercise his right of withdrawal providing for himself the cancellation of the personal page the will to withdraw from the relationship . In the absence of withdrawal by the User, such modifications will therefore be deemed accepted by the latter.
You can contact Broozy Customer Service by sending an e-mail to firstname.lastname@example.org