Dear Customer, please read this document carefully as it illustrates the terms and conditions of the use of the website www.busattimilano.com and the sale of Products (as defined below).

1. INFORMATION AND CONTACTS OF BUSATTI MILANO S.R.L.

Busatti Milano S.r.l., VAT no. 08452660965, Registration Number REA MI-2027466 (hereinafter the “Seller“), with registered office in Via Turati n.41, 20082 – Binasco (MI), PEC: busattimilano@pec.it, fax 02 86452055, e-mail info@busattimilano.com, tel. 02 86996064, through the website www.busattimilano.com and its e-commerce section, offers for sale the Products listed therein (the “Site“).

2. DEFINITIONS

Capitalized terms in this document will have the meaning specified in the present section.

• Customer: means, without distinction, the Consumer or Professional who intends to purchase Products through the Portal. The Customer must necessarily be an over-18 and have legal capacity.
• Consumer Code: means the italian legislative decree n. 206/2005 and subsequent amendments.
• Consumer: means the purchaser of the Products, understood as such the natural person who makes the purchase for purposes not related to a commercial or professional activity, pursuant to the Consumer Code.
• Intellectual Property Rights: means any and all intellectual and industrial property rights, copyrights, of any nature whatsoever, whether registered or unregistered, in any jurisdiction throughout the world, including rights over patents, over the Site, over the Products (if any), over designs, utility models, copyrights, trade secrets, know-how, trademarks and distinctive signs, industrial designs, rights in inventions (whether patentable or not), processes, methods, technical information, designs or any applications or rights to register any of the foregoing that Seller has in any capacity and/or present and/or relating to the Site and the Products.
• Purchase Order or Order: means the Customer’s manifestation of intention to proceed with the purchase of certain Products, through the Site and shall necessarily indicate: the Customer’s identification data, the Product(s) to be purchased, the exact place of delivery of the Product(s).
• Professional: means the natural person or legal entity that makes the purchase for purposes related to its commercial or professional activity.
• Product/s: means the Products offered for sale through the Website and described in the relevant technical information sheets published on the Website at the time of the Order or in the communications sent by the Seller.

3. PURCHASE OF PRODUCTS 

To purchase Products through the Site, the Customer must:

1. Access to the Site:

• If it is a new Customer, it will have to register on the Site, creating its own account, filling in the on-line form present on the Site. The Customer may cancel his account at any time by following the relevant procedure on the Site or by writing an email to [-];
• If the Customer is already registered, it will have to enter its access credentials in the log-in section of the Site.

1. Select the Product you wish to purchase by clicking on “Add to Cart”.
2. Follow the automated procedure on the Site and, therefore, accept the terms and conditions and confirm that you have read the privacy policy in order to send the Purchase Order to the Seller and verify the accuracy of the data indicated.
3. Make payment of the price of the selected Product. 
4. Wait for a message from the Seller with the acceptance of the Purchase Order that will contain:

• Customer summary data
• Specific indication of the Product purchased
• Date of purchase of the Product
• Order number
• Total price paid by the Customer
• Shipping costs and related taxes/charges (including customs duties, where applicable)
• Shipping address of the purchased Product
• Means of payment used by the Customer
• Indication of the terms for the exercise of the right of withdrawal, if any
• tracking number of the package containing the purchased Product.

This message will be contained in a printable and storable file, which can be viewed by the Customer through its personal account created during registration on the Site or upon written request to the Seller. 

The Purchase Order sent by the Customer is valid as a contractual proposal of sale subject to confirmation by the Seller, as described above.

The characteristics of the Products offered on the Site are described in the specific information sheets published on the Site at the time of the Order, which the Customer is invited to read and which are considered accepted if the Order is sent in the terms described above.

4. PRICE OF PRODUCTS AND PAYMENTS

The price of the Products indicated on the Site is intended inclusive of VAT.

The Customer undertakes to pay the Seller the price indicated in the Purchase Order sent to the Seller.

The Customer can pay for the ordered Products by the methods indicated on the Site from time to time, as confirmed by the Customer at the end of the Order procedure.

It should be noted that the payments data entered by the Customer will be transferred directly to the payment service provider, whose general conditions of service and privacy policy will apply and to which reference should be made and which will be made available to the Customer at the time of payment.

The Customer may make payments by bank transfer and/or credit card issued by [-].

Any eventual customs charges shall always be borne by the Customer and will be indicated in the Order summary message.

The Products will remain property of Busatti until the payment of the full amount agreed to by the Customer. The Products ordered will remain under the responsibility of Busatti until they are received by the Customer. 

Busatti reserves the right to change the price of the Products displayed on the Site at any time and without prior notice. The Customer will be charged with the price displayed on the site at the time the order was sent by clicking on the “submit order” button. The Customer will also be responsible for the costs incurred in using the means of distance communication used to send the Order, such as telephone and internet connection fees.

For each Order placed through the Site, the Customer shall make payment at the time the Order is placed.

5. PRODUCTS SHIPPING COSTS 

The shipping costs of the Products are to be borne by the Customer [or, alternatively: included in the purchase price of the Products]. 

It is understood that the costs relating to any customs duties will always be borne by the Customer.

The costs of returning Products following the exercise of the right of withdrawal will be borne by the Customer.

6. DELIVERY OF PRODUCTS

From the moment of the effective collection, by the Seller, of the price indicated in the Order, the phases relative to the shipment of the purchased Product will be started.

The delivery of the Products can be made in Italy and Europe. 

The shipping costs, if not expressly indicated as included in the price of the Product, will be expressly indicated in the Order confirmation message and are intended to be borne by the Customer.

The expected delivery times will be indicated in the Order Confirmation and will run from the date of payment of the purchased Products.

At the time of delivery of the Products by the courier to the address described above, the Customer undertakes to verify the integrity of the package that will be delivered and the matching of the number of pieces compared to what is indicated in the transport document. 

The Customer is aware that if the package containing the purchased Products is altered, he will have to refuse the delivery with the express indication of “Tampered package”. 

The delivery of the Products is intended to be validly made to the addressee’s house number or in the different place indicated in the transport documents.

Should the Customer be absent, twice in a row, at the place and time of Product Delivery, the Seller reserves the right to request reimbursement of the expenses incurred to resend the package containing the Products.

On the specific transport conditions applied by the carrier, please refer to the relative terms and conditions available on the website: [-].

7. PRE-ORDER

It is possible to pre-order certain Products on the Site. In fact, some Products may be displayed on the Site but are not yet available for sale. In this case, the Site will expressly indicate that such Product is in “PRE-ORDER”.

This method will allow to finalize the purchase of the Product when it becomes available for sale on the Site. 

The date of availability of Products purchased with Pre-Order, may vary depending on the individual Product, in particular because of the timing of finding the various elements that make up the Product, purchased from third parties.

Payment for pre-order items is required at the time of purchase, as well as for Products immediately available. 

Once it becomes available, the Product purchased in this way will be shipped and the rules set out in this document will apply.

8. CUSTOMER OBLIGATIONS

The Customer has the obligation to read and accept the information contained in the General Conditions before sending the Order of purchase of the Products. 

Acceptance takes place by means of flagging or marking the relevant section on the Site and, otherwise, the Order cannot be executed.

Once the Products have been received, the Customer accepts and assumes all risks relating to the Products (including for loss, theft or damage).

9. RETURNS AND RIGHT OF WITHDRAWAL 

Only the Customer-Consumer, for whatever reason, will have the right to withdraw from the contract stipulated for the purchase of the Products and to return them, without any penalty and without having to specify the reason.

The Consumer must exercise this right, under penalty of forfeiture, within 14 (fourteen) days from the date of receipt of the Products, by sending the Seller a written notice:

• by registered letter with return receipt: at the Seller’s head office 
• by e-mail at info@busattimilano.com, or by certified email at busattimilano@pec.it.

The Customer can use the appropriate form made available at the following link [-].

After having communicated the intention to return the Products, the Consumer will have 14 (fourteen days) for the restitution, without delay, of the purchased Products through the trusted Courier indicated by the Seller. It should be noted that the return will be considered validly carried out if the Product has been sent within the 14th day following the date on which Busatti was informed of the intention to exercise the return or withdrawal.

The refund of the returned Product shall be made by the same means of payment used for the purchase on the Site.

The costs of returning the Products, in the event of withdrawal, shall always be borne by the Customer.

It is possible to consult the costs applied by the carrier for the return at the expense of the Customer, by clicking here [-].

The Consumer will receive a full refund of the amount paid, and in any case within fourteen days from the date on which the Seller receives the Products, after having verified their integrity.

All returns must contain the original sales receipt and be returned in the original packaging.

All Products returned as a result of a return or exchange request are subject to a thorough quality check before being accepted. 

Products with signs of wear, damage or alteration (including changes in size) will not be accepted. However, you will be responsible for any diminution in value of returned Products due to use that is unsuitable to preserve the nature, characteristics and, where applicable, functioning of the Products themselves.

The consumer is, in any case, responsible only for the decrease in the value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods themselves. 

It should be noted that the supply of Products made to measure or clearly personalized is not subject to the right of withdrawal under this article.

In any case, the Seller will provide with the Product the relative warranty certificate provided for by the laws in force.

It is not possible to exercise the right of withdrawal for Products purchased by the Professional or, in any case, by subjects other than the Consumer as a natural person.

Once the request for return pursuant to this section has been received, Busatti will send the Customer a pre-paid label for the return of the Product.

10. LEGAL WARRANTY ON PRODUCTS

Pursuant to the provisions of the Consumer Code, the Consumer is offered the so-called legal guarantee on the Products purchased, also known as “conformity guarantee”, which protects him in the event that the Products purchased have conformity defects in relation to the sales contract signed with the Seller, and covers conformity defects that occur within 2 (two) years from the date of delivery of the Product purchased. 

The Consumer-Customer must then make a formal complaint regarding the defects found, within a maximum of 2 (two) months from the date on which the defect was recognized by the latter.

Unless there is proof to the contrary, it is assumed that the conformity defects that become apparent within one year from the delivery of the Product already existed on that date, unless such an assumption is incompatible with the nature of the Product or the nature of the conformity defect. Starting from the eleventh month following the delivery of the Product, it shall be the Consumer’s burden to prove that the lack of conformity already existed at the time of the delivery of the same.

The Customer may communicate the lack of conformity by sending a written communication to the Seller:

• by registered letter with return receipt: at the Seller’s headquarters 
• by e-mail at info@busattimilano.com, or by certified email at busattimilano@pec.it. 

The Customer can use the appropriate form made available at the following link [-]. 

The costs for the return and replacement and / or repair, where possible, of the Product in this case will be borne by the Seller.

Pursuant to the law, in the event of a lack of conformity of the Product, the Consumer shall have the right:

• to the restoration of conformity
• or to the proportional reduction of the price
• or to the resolution of the contract

1. Restoration of conformity. For the purposes of restoring the conformity of the Product, the Consumer may choose between repair and replacement, provided that the remedy chosen is not impossible or excessively onerous for the Seller, taking into account:

• of the value of the good in absence of the defect
• the entity of the defect
• the possibility of performing the alternative remedy without inconvenience to the consumer.

• Repair or replacement take place
  • without cost to the Customer
  • within a reasonable period of time
  • without significant inconvenience to the consumer.

1. Price Reduction. The Consumer is entitled to a proportional reduction in price or termination of the contract:

• if the Seller has not repaired or replaced the Product
• if a lack of conformity is manifested despite the attempt to restore the Product
• if the lack of conformity is so serious as to justify the reduction of the price or the termination of the contract
• if the Seller has declared or it appears from the circumstances that it will not proceed to restore the conformity within a reasonable term.

In such case, the Consumer shall be entitled to a reduction in price proportional to the decrease in value of the goods.

The Consumer does not have the right to terminate the contract if the lack of conformity is slight and it is up to the Seller, in such case, to prove it. 

1. Termination of the contract. The resolution of the contract is exercised by direct declaration to the Seller, to be sent to the e-mail address [-] or by registered letter a / r at the registered office of the Seller. 

If the lack of conformity concerns only some of the delivered goods, the contract can be resolved limitedly to them. 

In case of resolution, the Consumer

• must return the goods to the Seller at the latter’s expense,
• the Seller shall reimburse the Consumer for the price paid for the goods upon receipt of the goods or evidence provided by the Consumer regarding the fact that the goods have been returned or shipped.

It should be noted that the Legal Warranty is entitled only to the Consumer, that is, those who buy Products for non-professional purposes and not, therefore, the Professional.

It should also be noted that given the nature of the Products sold by Busatti they may appear to be defects (for example the colouring of metals is not completely uniform) but in reality are an expression of the manufacture and craftsmanship of the Products themselves and therefore cannot be qualified as defects. 

The right of withdrawal referred to in article 9 of this document remains unaffected.

11. INTELLECTUAL PROPERTY

It should be noted that all intellectual property rights relating to the site and its contents are the property of Busatti Milano S.r.l.

Therefore, it is forbidden any use of the same by any user of the site, for purposes other than mere consultation and / or request for the provision of services on the site and, therefore, for the purchase of Products.

The contents of the site are subject to copyright owned by Busatti.

All rights are reserved.

12. USE OF THE SITE

It is expressly forbidden to make any use of the site and its contents contrary to the provisions of this document and, to this end, the seller reserves the right to take any action to protect its rights.

The Seller assumes no responsibility for inefficiencies attributable to force majeure. Causes of force majeure include, by way of example and not limited to, measures taken by the Public Authorities, strikes by its own employees or by carriers on which the Seller relies, as well as any other circumstance beyond the control or will of the latter.

Busatti may modify, suspend or interrupt the operation of the Site at any time, reserving the right to limit, suspend or interrupt access to the Site for the Customer, if it has reason to believe that the same has or is violating these General Conditions or applicable laws, without any prior notice or responsibility on the part of the Seller.

13. APPLICABLE LAW, ADR/ODR AND PLACE OF JURISDICTION

The contracts stipulated online through the Site are governed by Italian law.

For all matters not expressly provided for herein, the rules of law applicable to relations and cases provided for in the contract stipulated online by the Consumer and/or Professional with the Seller shall apply.

The Customer may always address a complaint to Busatti, by sending the Seller a written communication:

• by registered letter with return receipt: to the Seller’s registered office 
• by email to info@busattimilano.com, or by certified e-mail to busattimilano@pec.it. 

The Customer can use the appropriate form made available at the following link [-]. 

In order to resolve any problems that may arise in relation to a Product purchased through the site, or for the management of orders, the Customer is invited to contact Busatti Milano S.r.l. at the following numbers: tel. 02 86996064, fax 02 86452055.

Pursuant to Article 49 of the Consumer Code, the consumer Customer can make use of the procedure of Joint Conciliation, whose procedure can be initiated if the consumer after submitting a complaint to the company, within 45 days, has not received a response or has received a response not deemed satisfactory to him.

Pursuant to art. 14 of Regulation 524/2013 we inform the user that in case of dispute may submit a complaint through the ODR platform of the European Union accessible at the following link http://ec.europa.eu/consumers/odr/.

The ODR platform is an access point for users who wish to resolve disputes arising from contracts of sale or online services out of court.

For any dispute between the Seller and the Consumer, the competent court is the Court of the place of residence or domicile of the Consumer, if located in the Italian territory.

Any dispute relating to the application, execution, interpretation and violation of the contract entered into online by the Professional with the Seller, is subject to Italian jurisdiction and the Court of Milan has jurisdiction. 

To the Professional Customer, other than the Consumer who is a natural person, the general regulations on the sale of goods of the Civil Code apply.

14. BINDING AGREEMENT AND WAIVER

Confirmation of the Order by Busatti and the present General Conditions constitute the entire agreement between the Customer and Busatti with reference to the subject matter of the same.

Failure on the part of the seller to exercise any right or provision of these General Conditions shall not constitute a waiver of such right or provision. Should any clause of these General Conditions be deemed wholly, or partially null and void or ineffective, such nullity or ineffectiveness shall not extend to other clauses of these General Conditions which shall remain fully valid and effective.