The products offered and sold on our website ("http://www.ilbisonte.com") are governed by these General Terms and Conditions of Sale.
1. IDENTIFICATION OF THE SUPPLIER
The products are sold directly by Il Bisonte S.p.a.. Il Bisonte has its registered office in Italy at Via del Parione 11, 50123 Florence, business register number, tax code and VAT number 02076930482; e-mail: firstname.lastname@example.org, fax: + 390558323436.
2.1. In this text, the term “us” or “the Seller” shall mean Il Bisonte S.p.a. (henceforth “Il Bisonte”), located in Italy at Via del Parione 11, 50123 Florence, business register number, tax code and VAT number 02076930482.
2.2. The term “you” or “the Purchaser” shall mean our clients.
In particular, the term “consumer” shall mean any natural person who is acting onwww.ilbisonte.comfor purposes that are outside his trade, business or profession. In this case, by accepting the following terms and conditions the Purchaser expressly states to act for purposes which are outside his trade, business or profession.
On the contrary, the terms “retailer” or “self-employed” shall mean any natural person who is acting on www.ilbisonte.com for purposes related to his trade, business or profession.
3. OBJECT OF THE CONTRACT
3.1. The present Conditions of Sale only regulate the offer, the transmission and the acceptance of purchase orders on www.ilbisonte.com between users and the Seller.
3.2. The products mentioned in the preceding point are shown on the website www.ilbisonte.com
The main characteristics of the products are shown on www.ilbisonte.com on each product page. The products offered for sale may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
The products are characterised by artisan features: each creation of Il Bisonte is unique. Therefore, differences with images shown on www.ilbisonte.com may occur, especially in relation to shades of colour. As a consequence, each image shall be meant for guidance only.
3.3. The General Terms and Conditions of Sale do not regulate the provision of services or the sale of products by different entities which may be visible on www.ilbisonte.com through link, banner or other hyperlinks. Before sending orders and purchasing products and services from those third entities, we recommend that you verify the third party's terms and conditions. Under no circumstances shall the Seller be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of www.ilbisonte.com and third parties.
4. OUR BUSINESS POLICY
4.1. Il Bisonte offers products for sale on www.ilbisonte.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers" or “Retailers and/or Self-employed”.
5. HOW TO EXECUTE A CONTRACT WITH IL BISONTE S.P.A.
5.1 To place an order for the purchase of one or more products on www.ilbisonte.com, you must fill out the online order form and send it electronically to www.ilbisonte.com, following the relevant instructions in order to formalize a buyout proposal of goods mentioned in section 3.2 above.
5.2 The printable order form contains General Terms and Conditions of Sale (including withdrawal and return), order ordinate details and also contains information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs.
5.3. At the time when the order is received, the Seller shall send you a purchase order receipt e-mail or a printable web page, containing the summary of the information mentioned above.
5.4 The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called “My Order”.
5.5. Before submitting the order form, you will be asked to identify and correct possible input errors.
5.6 The submission of orders shall be in Italian or English.
5.7 After your order form has been submitted, a buyout proposal is formalised under the present Terms and Conditions. The Seller will be free to accept or refuse the proposal.
5.8. In case of acceptation of your order, you will receive an order confirmation at your e-mail address. The order confirmation shall be effective at the time of reporting. In case of refusal of your order, the contract shall not be considered as effective and binding between the parties. We reserve the right to contact you by e-mail or telephone number in order to verify the possibility of a different solution.
5.9 In the absence of the elements mentioned above, the contract shall not be considered effective and binding between the parties.
5.10 Our effort is to do everything possible in order to carry out the supply of products specified in the order confirmation. Nonetheless, we may not be able to sell the product because they are no longer available or no longer in production or because of the lack of raw materials. It may also happen that orders are not valid because of a clerical error of the price shown on the website www.ilbisonte.com. In this case, we shall promptly contact you and inform you of the unavailability of the ordered products within thirty (30) days from the day after the transmission of your request, in order to offer you alternative products. If you refuse our offer we will cancel your order and we will refund the amount paid. In any case, if we are not able to send the ordered products, our liability will not go beyond the duty of refund.
5.11 The promotional information included in www.ilbisonte.com shall represent a call for proposal. None of the information shall be considered as an offer of supply.
5.12 The Seller may not process purchases when the products are no longer available, when there are not sufficient guarantees of solvency or when orders are incomplete or incorrect.
In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Seller has not carried out your purchase order specifying the reasons thereof.
5.13 By submitting an order form to Il Bisonte, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with the Seller. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.ilbisonte.com.
5.15 Upon submission of an order form, the Seller shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on price, terms of payment, return policy and shipping costs).
5.16 We would like to remind you that all items purchased are intended for use in the authorised country. In other countries no shipping can be performed.
6. PRODUCT PRICE INDICATION
6.1 On www.ilbisonte.com we only offer for sale products under the label Il Bisonte. No flawed products or products of lower quality than the corresponding market standards are sold.
6.2 Each price shown on the website www.ilbisonte.com is expressed in EURO, USD or GBP.
Prices are subject to change and will be as quoted on our site from time to time. Check the final price of sale before sending the relevant order form.
The price of the product will be the one indicated on the invoice.
VAT shall be paid at the rate indicated therein, as well as shipping costs, if applicable.
6.3 All Products come with an identification tear-proof tag attached. You should not remove or alter the tag or seal from the purchased products, as they are integral part thereof.
6.4. The Seller, in case of withdrawal, can refuse the return of the purchased products if the tag or seal are missing and even if the purchased products have been altered in their essential and qualitative features or damaged.
7.1 If you are a Consumer (as defined at section 2.2 above) the Seller shall be held liable for any lack of conformity occurring within two years from the delivery of goods.
7.2 For the purposes of this contract, the consumer goods shall be presumed to be conform to the contract if a) they are fit for the purposes for which goods of the same type are normally used; b) they comply with the description given by the Seller and possess the qualities of the goods which the trader has presented to the consumer as a sample or model; c) they show the quality and performance which are normal in the goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling
7.3 In order to benefit from his rights, the Purchaser shall inform the Seller of the lack of conformity within two (2) months of the date on which he detected the lack of conformity. The information is unnecessary if the Seller has recognised or concealed the existence of the flaw.
7.4 Unless proved otherwise, any lack of conformity which becomes apparent within six (6) months from the date of the delivery, shall be presumed to have existed at that time unless this presumption in incompatible with the nature of the goods and the nature of the lack of conformity.
7.5 In case of lack of conformity, the Purchaser - under the following conditions - can alternatively ask for free: a) the repairing or the replacement of the purchased product; b) the reduction of the price; c) the rescission of the contract, in so far the request is not impossible or able to cause the Seller a disproportionate effort under art. 130, co. 4, of the Consumer Code.
7.6 The request shall be done in a written form, by registered letter with a form for acknowledgement of receipt or by e-mail, addressed to the Seller. The Seller will indicate and motivate his readiness to fulfil or not to fulfil the request within seven (7) working days from the acknowledgement. In the same communication – in case of acceptance of the request – the Seller will indicate the conditions of shipment and return, as well as the deadline for return or replacement of goods.
7.7 If it is not possible or unduly burdensome to repair or replace the product, or if the Seller does not fulfil the duty repair or replace within the term stated above, or the repair/replacement caused to the Purchaser significant inconvenience, the Purchaser can ask alternatively for an appropriate reduction of the price or for the termination of the contract. The Purchaser shall specify his request to the Seller, who will indicate and motivate his readiness to fulfil or not to fulfil the request itself within seven (7) working days from the acknowledgement.
7.8 In the same communication – in case of acceptance of the request – the Seller will indicate the reduction of the price or the return condition of the goods.
The Seller will be obliged to specify the condition of reimbursement.
7.9 If you are NOT a consumer articles 1490 and following of the Italian Civil Code, as well as the other rules contained therein, will be applicable.
7.10. However, alterations of the shades of colour are not covered by the guarantee. Changes may occur over the years. This is a natural feature of artisanal products and must not be considered as a flaw but on the contrary as a symptom of the high quality of the products of Il Bisonte.
8. PAYMENT AND REFUND
8.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
8.2 In the case of payment by credit/debit card, all financial details (for example, card number or expiration date) will be sent by encrypted protocol to Setefi S.p.a., Banca Intesa Sanpaolo, Paypal or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Il Bisonte will never be able to have access to financial details, which will always be encrypted. Moreover, Il Bisonte will not use such details except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant costs for shipping and delivery, as indicated in the order form, will be charged to your current account when the purchased products are actually shipped.
8.3 The refund will be promptly accredited according to the proposed conditions and, in case of withdrawal, as state in the section 11, within 15 days from the Seller’s awareness of the withdrawal itself.
8.4 In case of withdrawal, under the D.lgs. n. 21/2004, the refund will only take place when the purchased products are actually returned to the Seller or when the consumer gives irrefutable proof of the actual shipment of the purchased products.
9. SHIPPING AND DELIVERY OF THE PRODUCTS
9.1 For specific product shipping and delivery procedures, please visit the specific section on the product page. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
9.2. The Purchaser hereby expressly declare to be aware of the place of delivery: the field office of the Seller located in via Lisbona 36 a/b/c, 50065, Pontassieve, Florence, Italy (ex work).
The delivery of the purchased product will take place by the mean of a shipper, which shall be considered a third part, separate from the Seller and chosen by the Purchaser.
10. CUSTOMER CARE AND COMPLAINTS
10.1 For any information please contact the Customer Care Service by e-mail. For further information please visit the section “Contact us”.
10.2 Complaints will be considered valid only if addressed to Il Bisonte, via Lisbona 36 a/b/c, 50065 Pontassieve, Florence, Italy or to email@example.com. The Purchaser shall indicate his own residence or domicile and the e-mail address to which communication should be sent in the registration form.
11. RIGHT OF WITHDRAWAL
11.1 If you are a consumer (as indicated in the section 2.2. above), you have the right to withdraw from the contract concluded with the Seller, without specifying the reason and with no penalties, within fourteen (14) working days after receiving the products.
11.2 In this case, you shall return the products to the Seller asking for a pick-up to you home address.
11.3 If you decide to return the purchased objects, or some of them, you shall respect the following procedure:
1 – Give communication of your intention to return the products in a written form, within fourteen (14) working days after receiving the products, by registered letter with a form for acknowledgement of receipt addressed to the Il Bisonte S.p.a., via Lisbona 36 a/b/c, 50065 Pontassieve, Florence, Italy; or by e-mail at firstname.lastname@example.org. In order to accelerate the response time and the management of files, please insert your name, your surname, the order number and the wording “RETURNED OBJECTS” in the object of the communication. As an alternative, you can visit the section “Contact Us” on our website and provide the following details:
web order number;
full address of the pick-up of the products;
After receiving your e-mail, we will provide you a Return Material Authorisation number (RMA). Please clearly indicate this number upon the packaging in order to speed business up.
11.4 From the moment of the drop of the purchased products to the courier indicated by the Seller on the Return Form, you shall not be held liable in case of loss or damages occurred during the transport.
11.5 The right of withdrawal – in addition to compliance with the terms and procedures stated in sections 11.1, 11.2, 11.3 e 11.4 above – is exercised properly when the following conditions have also been met:
the products should not have been used or damaged;
the products should be returned with their original packaging;
the products should be returned to the Seller in one single shipment. The Seller has the right to refuse products of the same order returned and shipped in different moments;
purchased products shall not be made to your specifications or clearly personalized;
returned products shall be promptly dropped to the shipper within fourteen (14) days beginning on the day you notify us of your decision to withdraw from the contract as stated in section 11 above.
11.6 If the right of withdrawal is properly exercised in accordance with conditions and terms stated herein, the Seller will refund the price of the products and the cost of the shipment. The refund will take place by a transfer of the payment made by credit/debit card or Paypal. In case of payment made by cash on delivery you will be refunded the amount you paid for the products returned to the Bank account you indicate in the reply to the e-mail that will purposely be send you.
11.7. The costs of returning will fall on the Consumer.
Nonetheless, additional costs will not be reimbursed if the consumer returns the products by a different and more expensive way than it was offered by the Seller.
11.8 In case of disrespect of the terms and conditions of withdrawal, as state herein, you will not be entitled to a refund of the amount paid.
12. REFUND TERMS AND CONDITIONS
12.1 After the return of the products, the Seller has the right to check the conformity of the products themselves according to terms and conditions stated at section 11 above. In case of successful outcome of the control, the Seller shall send to the Purchaser an e-mail in order to confirm the acceptance of the returned products.
12.2 Once the correct execution of process described above is verified, the amount paid will be refund in the shortest possible time and, anyway, within fourteen (14) days of the date you notify us of your decision.
However, the Seller has the right of retaining the amount paid until the purchased products are actually returned to the Seller or until the consumer gives irrefutable proof of the actual shipment of the purchased products.
12.3 If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded to the individual who made the payment.
13.2 You are advised to read, if you haven't already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of www.ilbisonte.com.
14. DATA PROTECTION
14.1 With the transmission of the order, you accept the use and the processing of the data by Il Bisonte in order to carry out your order.
Il Bisonte will share with third parties some personal information acquired by the users to carry out the shipment of products. In case of your request for funding, your information will be shared with the financing companies. Upon written request, the Purchaser has the right to obtain a copy of his own personal data held by Il Bisonte. The related costs will be at your expense. In case of incorrect personal data, upon written request, we will proceed to the correction. Your personal data indicated in the order form will be collected, recorded and processed by Il Bisonte, which is the holder of the data processing.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 21 February 2014 no. 21 on certain aspects related to e-commerce.
16. FORCE MAJEURE AND LIMITATION OF LIABILITY
16.1 We will do our best in order to perform every obligation under the contract. Nonetheless we shall not be held liable for delay or failure due to reason beyond our control. In case of delay, we will perform the obligation as soon as it is reasonably possible.
16.2 The Seller shall not be held liable for disruptions or malfunctioning related to the use of Internet and to reasons beyond his control, except in the case of wilful misconduct or gross negligence.
16.3 Nevertheless, the Seller shall not be held liable for damages, loss and costs incurred as a consequence of his own non-performance of the contract due to his responsibility: the Purchaser will only have the right to achieve the return of the entire amount paid and of the eventual costs borne.
16.4. The Seller shall not be held liable for the eventual fraudulent or illegal use by third parties of debit/credit cards, checks or other means of payment during the purchasing process.
17. AMENDMENTS AND UPDATES
17.1 The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.ilbisonte.com.
18. GOVERNING LAW AND COMPETENT COURT
18.1 The agreement between the parties shall be governed by and construed in accordance with the Italian law, which regulates the conclusion, the execution and the eventual withdrawal or rescission of the contract, as well as its interpretation. Any dispute between the parties arising from the contract or its execution shall be submitted to the court at Florence.