General terms and conditions of sale
The supply and sale of Products bearing the “Blue of a kind” brand (the “Products”), owned by the company Blue Milano S.r.l., with registered offices at Via Olindo Guerrini 9, 20133, Milano, Italy, Company Registration No. MI-2123243, Fiscal Code and VAT No. 09943210964, Share Capital €10,000.00, fully paid-up. (“BM” or the “Seller”), on blueofakind.com website (the “Website”) shall be governed by these general conditions of sale (“General Conditions”). The distance selling of these Products via the Website shall be conducted by Blue Milano S.r.l., as detailed in the following General Conditions, in compliance with applicable national regulations and European Directive 2011/83/EU on consumer rights. Website users can request further information from customer service staff by contacting the Seller's Customer Service Department by e-mail at the following email address: firstname.lastname@example.org.
For any other legal information, please refer to the sections of the Website relevant to each specific request.
1. Seller's sales policy
1.1 The Seller offers Products for sale on the Website and provides e-commerce services exclusively to users who purchase the Products via the Website(collectively the “Buyers” and individually the “Buyer”).
1.2 If the user, a potential Buyer, does not fall under the definition of a "consumer" but, on the contrary, is definable as a professional and is not therefore acting as defined in article 1.1 above, he/she is requested to refrain from entering into commercial transactions on the Website.
1.3 In view of its sales policy, the Seller reserves the right not to process orders from users who do not fall under the definition of a "consumer" and/or, in any case, any order which does not comply with its sales policy and/or is not in line with the provisions set out below.
1.4 These General Conditions shall exclusively govern the offer, submission and acceptance of purchase orders for Products purchased by Buyers on the Website (the “Orders”) and shall therefore govern the relationship between each Buyer and the Seller.
1.5 The General Conditions shall not however regulate the provision of services or the sale of products by third parties other than the Seller which are visible on the Website through links, banners or other hyperlinks. Buyers are advised to check the terms and conditions of sale of these products carefully before submitting orders and purchasing products and services of any kind offered by such third parties as the Seller hereby declares that it is not responsible for the supply of services and/or the sale of products by such third parties and/or, in general, any e-commerce transactions concluded between Website users and such third parties.
2. How to conclude the contract with the Seller
2.1 Orders may only be placed by individuals who have reached the age of majority and have full legal capacity. In order to conclude a contract with the Seller for the purpose of purchasing one or more Products on the Website (the “Contract”), the Buyer must complete the order form electronically. This will be viewed electronically by the Buyer immediately prior to the Contract being concluded (the “Order Form”) and sent to the Seller electronically, following the instructions that will be provided at the various stages of completion of the Contract.
2.2 Before proceeding with the purchase of the Products by sending the Order Form, the Buyer will be asked to read the General Conditions and the clause regarding the Buyer's right of withdrawal carefully.
2.3 The Order Form will provide summary information about the essential features of each Product purchased, its price (including any applicable taxes or taxes) and shipping costs (including any additional costs that the Buyer is required to pay for having opted for a specific type of shipment and delivery that differs from and/or is faster than the one defined by the Seller as "standard"). The Contract is deemed to have been completed and therefore concluded upon receipt by the Seller, by electronic means, of the Order Form and only after the Seller has verified the correctness of all the information contained therein concerning the Order made by the Buyer.
2.4 Once received by the Seller, the Order Form will be filed in the Seller's database for the period of time required to fulfill the Orders and, in any case, always in accordance with the terms of the law. The Buyer may access the Order Form by going to the "My Order" section.
2.5 When the Order Form is submitted, the Buyer will be informed that this submission implies an obligation to pay the stated price.
2.6 Once the Contract has been concluded, the Seller will take charge of the Order and proceed with its fulfillment.
2.7 The Seller will not be able to fulfill Orders that do not provide a sufficient guarantee of solvency and/or that are incomplete or incorrect, or in the event that the Products ordered are not available. In these cases, the Seller will inform the Buyer by email that the Contract cannot be considered concluded and that therefore the Seller will not be able to fulfill the Order, specifying its reasons. If the Products on the Website are no longer available or on sale at the time of the Customer's last access to the Website or at the time of submitting the Order Form, the Seller will notify the Buyer promptly, and in any case within thirty (30) days of the day following the date of submission of the Order, of the potential unavailability of the Products included in the Order. In these cases, if the Buyer has already submitted the Order Form and paid the relevant price, the Seller will reimburse the Purchaser for the sums paid by the Buyer and the Contract will be terminated. The Seller will not be required to repay any other amount to the Buyer in any respect.
2.8 In submitting the Order Form electronically, the Buyer accepts unconditionally and agrees to observe the provisions of these General Conditions in his/her relations with the Seller. If the Buyer does not agree with any of the terms stated in the General Conditions, he/she is asked to refrain from submitting the Order Form.
2.10 Once the Contract is concluded, the Seller will send the Buyer an Order receipt by email.
3. Warranties and statement of product prices
3.1 The Website only offers original Products for sale.
3.2 The Seller does not sell on the Website any product of inferior quality based on the standards applicable to similar products offered on the market.
3.3 The essential features of the Products are presented on the Website within each "product data sheet". However, for reasons not attributable to the Seller and, in any case, as a result of the Internet browser and/or the way they are displayed on the devices used by the Buyer, the images and colors of the Products offered for sale on the Website may not correspond to the actual ones. Blue Milano S.r.l. hereby expressly declines any responsibility in this respect.
3.4 The Product prices may be subject to updates. It will be the Buyer's responsibility to check the final selling price of the Product he/she intends to purchase before completing and submitting the respective Order Form.
3.5 Purchase requests from countries outside the European Union cannot be accepted by the Seller.
3.6 In the event of the Buyer exercising his/her right of withdrawal, the Seller will be entitled not to accept the return of the Products or not to fully refund the amounts paid by the Buyer for the purchase of Products which, when returned, are missing the original box and/or have had their essential and/or qualitative characteristics altered and/or have been damaged in some way.
4.1 The Buyer may choose any one of the payment methods stated in the Order Form to pay for the Products and the respective shipping and delivery costs. Under no circumstances will the Buyer be charged higher costs than those actually incurred by the Seller in relation to the payment method selected.
4.3 The Product purchase price and shipping costs, as stated in the Order Form, will be charged to the Buyer's current account at the time of shipment of the Products purchased.
5. Customer service
5.1 The Buyer can request any information via email to the customer service provided by the Seller.
6. Applicable law and dispute resolution
6.1 The General Conditions are governed by Italian law and particular by Legislative Decree No. 206 of 6 September 2005 (otherwise known as the Consumer Code) in Chapter 1 “Consumer rights in contracts", with specific reference to regulations regarding distance contracts and legislative decree no. 70 of 9 April 2003 on certain aspects of e-commerce.
6.2 In the event of disputes between the Seller and any individual Buyer arising from the General Conditions, the Seller hereby guarantees its acceptance and approval of the RisolviOnline conciliation service. "RisolviOnline" is an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan in accordance with Section II-bis of Legislative Decree no. 206 of 6 September 2005 (otherwise known as the Consumer Code), which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and secure way, via the Internet. For further information regarding the "RisolviOnline" rules, or to submit a conciliation request, go to "RisolviOnline.com".
7. Amendments and updates
The General Conditions, including the warranties contained therein, are accepted by the Buyer in the version published at the time when the purchase is made. The Seller reserves the right to amend the General Conditions, including in the event of legislative changes, and the updated version of the General Conditions will become effective from the moment it is published on the Website.