1. GENERAL CONDITIONS OF USE OF THE SITE
The www.biffi.com website (hereinafter "BIFFI.COM") is managed and maintained by Biffi Boutique S.p.A. (hereinafter "Biffi") with registered office in Corso Genova, 6 - 20123 Milan, Italy – n. iscr. reg. Impr., C.F e P.I. n. 05935720150, chap. soc. Euro 260.000 int. vers.
Access and navigation on BIFFI.COM are governed by these general conditions of use. Biffi may modify or simply update, in whole or in part, these conditions when necessary, without notice. Therefore, we ask you to regularly access this section to check for updates.
By accessing and browsing BIFFI.COM users accept and undertake to comply with these conditions, even if they do not make any purchases.
Access to the BIFFI.COM site and its contents is intended for exclusive personal use unrelated to any commercial, entrepreneurial and professional activity. The user is the one and only responsible for the use of BIFFI.COM and its contents.
In particular, Biffi cannot be held responsible for use by the user that does not comply with the laws in force, except in cases of willful misconduct and gross negligence.
Furthermore, the user is solely responsible for the communication of incorrect, false or related information and data to third parties, without their express consent; as well as the sole responsible for the custody and correct use of their personal data (including credentials that allow access to the site) and any harmful consequences that may arise from the incorrect use, loss or theft of such data.
Biffi assumes no responsibility for malfunctions of the site or for damage caused to the user by the use of the site that are not causally attributable to Biffi. Biffi declines all responsibility for any damage deriving from the inaccessibility to the services on the site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers or telephone and / or telematic connections, unauthorized access, alteration of data, failure and / or defective operation of the user's electronic equipment.
Biffi publishes content on its website in order to provide an optimal service to users but assumes no responsibility for the completeness and accuracy of the contents, declining in particular any responsibility for any technical inaccuracies or typographical errors. In any case, Biffi undertakes to immediately make the necessary corrections upon notification.
Biffi does not guarantee that the contents of its website are appropriate, lawful or comply with the laws of the jurisdiction competent for the user, outside Italy. Access to such materials from places where their contents are illegal is expressly prohibited. Users who choose to access this website from such locations do so at their own risk and are solely responsible for compliance with relevant local laws.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
The website BIFFI.COM and its contents (by way of example but not limited to: works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, graphics, colors, schemes, tools, fonts and design of the website), as well as the trademarks and distinctive signs used by Biffi in relation to the sale of goods, are protected by the rules on intellectual and industrial property rights. Consequently, any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the site, trademarks and distinctive signs used by biffi that is not expressly authorized by Biffi or any other rights holder is prohibited.
The trademarks and distinctive signs on the site BIFFI.COM that refer to the products sold therein are the property of their respective owners and are used within the site for the sole purpose of representing, distinguishing, describing and advertising the goods for sale.
Biffi is also the exclusive owner of the registered trademarks "Biffi" and "BIFFI BOUTIQUES" and of any other distinctive sign that includes the word "Biffi", including the domain name "biffi.com".
3. COMMERCIAL POLICY
The offer and sale of products on the BIFFI.COM website are governed by the conditions set out in the General Conditions of Sale and in the Shopping Online section referred to by the same.
Biffi has adopted its own commercial policy; Its mission is to sell products and offer services through its website only to the "final consumer", meaning by this term a natural person who has reached the age of majority and who acts, on BIFFI.COM, for purposes unrelated to his commercial, entrepreneurial or professional activity.
Biffi reserves the right not to process orders that appear to come from parties other than the "final consumer" or that do not comply with its commercial policy.
4. APPLICABLE LAW AND DISPUTE RESOLUTION
All matters relating to the use of the site are governed by Italian law and in particular by Legislative Decree 6 September 2005 n. 206 (Consumer Code).
For any disputes, the Court of Milan will be competent, unless the law provides for the exclusive forum of the consumer.
We also inform you that the European Commission provides a platform for the out-of-court alternative resolution of disputes pursuant to EU Regulation 434/2013, accessible on the website http://ec.europa.eu/odr
Biffi reserves the right to block immediately, temporarily or indefinitely, any user account found involved in illegal or fraudulent activities. Likewise, Biffi reserves the right to immediately block an account if anomalous activity is detected on the account, including through the use of BOTs or other tools that Biffi believes may alter or affect the functionality of the website and its services. In such cases, blocking the account will result in the cancellation of any order.
GENERAL CONDITION OF SALES
These general conditions of sale regulate the sale, electronically, of the products (hereinafter also the "goods") displayed on the www.biffi.com website (hereinafter "biffi.com") managed by Biffi Boutique S.p.A. (hereinafter "Biffi" or the "seller") with registered office in Corso Genova, 6 - 20143 Milan - Italy, iscr. reg. Impr., C.F. e P.I. n. 05935720150, chap. soc. Euro 260.000 int. vers.
The consumer will benefit from the protections provided in the event of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree no. 206 of 6 September 2005 (hereinafter "Consumer Code"), as well as all the additional protections provided for by the Consumer Code itself http://www.codicedelconsumo.it/.
1. CONCLUSION OF THE CONTRACT
In order to conclude the purchase contract for one or more products on BIFFI.COM, the consumer must send the seller his purchase order by filling in and sending electronically the relevant form available on BIFFI.COM. The transmission of the order constitutes a binding purchase proposal for the consumer, as well as a phase of a more complex process articulated as follows:
1. the consumer can freely access BIFFI.COM and view the essential characteristics of the goods on display, including price and images published for the purpose of illustrating the goods themselves;
2. The consumer can select one or more goods by placing them in a virtual "shopping cart". The contents of the shopping cart can always be viewed by the consumer before proceeding to place the order. By accessing the cart, the consumer can in particular know, before the purchase (and therefore the payment), any information relating to the purchase of goods, including shipping costs and expected delivery times.
As a detail in the Shipping Information section, here fully recalled, customers who purchase from a country served as an EPD will have to independently bear any import duties and taxes, the quantification of which must therefore be requested directly from DHL or another import broker appointed by the Customer;
3. before making the purchase, the consumer can register with BIFFI.COM, communicating his e-mail address and a password of his choice that allow him access to biffi.com same and to the "MY ACCOUNT" section (recommended option); alternatively, the consumer can make the purchase as a guest (in this case, however, the consumer will be required to enter the same data for each new order);
4. To complete the order, the consumer must enter the shipping and billing address as well as the data required for payment in the "cart" section. The consumer can make the payment by credit card or Paypal;
5. The Consumer can modify the goods chosen and the data entered until the final submission of the order. Before proceeding with the transmission, it is requested to identify and correct any data entry errors;
6. Once the order has been received, Biffi sends a summary of the purchase information to the consumer's e-mail address. The receipt of order processing does not constitute acceptance of the order itself. The contract can in fact be considered duly concluded only at the time of the "order confirmation" sent by Biffi to the consumer's e-mail address.
More information about the order and the payment methods can be found in the Shopping Online section, which is fully accessible.
The language available to the consumer to conclude the contract with the seller is Italian.
Biffi reserves the right not to confirm an order in the event of unavailability of one or more products purchased, notifying the consumer at the associated e-mail address. The unavailability of one or more goods ordered cannot constitute a cause for cancellation of the entire order by the consumer.
Biffi also reserves the right not to accept the order in the following cases:
- incomplete or incorrectly completed data; -
unsuccessful payment (by way of example, in case of non-charge to the Consumer's credit card) or absence of sufficient guarantees of solvency;
- reporting or suspecting fraudulent or illegal activities, including suspicion that purchases are being made for commercial purposes.
The order sent to Biffi will be stored in the Biffi database for the period of time necessary to process the accepted orders and for other legal obligations.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
Once the order has been confirmed, Biffi will deliver the goods to the address communicated by the consumer in the order, through a specially appointed carrier (DHL). More information about shipping times, costs and locations can be found in the Shipping Information section of biffi.com.
Biffi assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness in the compilation of the order by the consumer and any delays or damages depending on weather conditions, customs issues or other circumstances beyond Biffi's control.
Upon delivery of the goods by the carrier in charge, the consumer is obliged to verify:
1. that the packaging used for transport is intact, unaltered or damaged;
2. that the quantity and type of goods ordered corresponds to what is indicated in the transport document and what is ordered.
The Customer is requested to carefully inspect the box BEFORE signing for delivery.
If for any reason the box seems tampered with, the Customer must refuse the package or accept the package with reserve. In case the package has been tampered with or lost. The Customer must immediately open a complaint with the courier and contact BIFFI.COM writing at firstname.lastname@example.org
If the package or items are damaged or if one or more items are missing, the packaging must be kept for further verification.
Any claim relating to damages, missing goods and/or delivery to the wrong address, must be received by biffi.com within 10 (ten) days from the date of delivery of the order as resulting from the courier's website, otherwise the complaint will not be accepted.
If the package is not successfully delivered to the Customer’s address due to a lack of cooperation by the Customer (incorrect phone number, incorrect address, absent address, non-compliance with import regulations), the parcel may risk being sent back to Italy at the expense of the Customer, including any import costs that can be evaluated upon return to Italy. These expenses will be deducted from the refund where due.
The consumer is solely responsible for the truthfulness and correctness of the information and data provided to Biffi and undertakes to promptly communicate any changes to the data previously communicated.
3. WARRANTY AND CONFORMITY OF GOODS
On www.biffi.com only branded, original and top quality products are offered for sale. These are, in particular, products of the most famous Italian and foreign luxury brands, to which are added the "BIFFI" or "BIFFI BOUTIQUES" brand products.
The products are purchased directly from the seller from fashion houses, manufacturers and retailers carefully selected for their rigorous quality controls.
Biffi does not sell used, irregular or inferior quality products to the corresponding standards offered on the market. All products are equipped with an identification tag fixed with a disposable seal.
The characteristics of the products are presented on BIFFI.COM within the product sheets.
Biffi undertakes to ensure that the description and/or photographic representation of the products is as faithful as possible to the products themselves. However, the images and colors of the products presented on BIFFI.COM may not correspond perfectly to the real ones due to the effect of the Internet browser and monitor used.
Taking into account the fact that the quality of the images may depend on the IT tools used by the consumer, it is possible that the consumer's perception of the description or photographic representation of the goods does not correspond exactly to them, so that the images and videos accompanying the presentation of the goods must be considered published for purely descriptive purposes.
With reference to purchases made on BIFFI.COM operates the legal guarantee of conformity of 24 (twenty-four) months, to be exercised under the conditions and terms referred to in Articles. 128 et seq. Consumer Code.
The aforementioned warranty will apply only if the goods have been handled with due diligence and in compliance with their intended use and will not apply with reference to defects deriving from normal wear and tear of the goods.
In particular, in the case of defective or incorrect products, you can request, alternatively and without charge, the repair or replacement of the purchased good, or a reduction in the purchase price or the termination of the contract, unless the request is objectively impossible to satisfy or considered disproportionate for biffi.com pursuant to Article 135 bis of the Consumer Code.
The request must be submitted to BIFFI.COM by sending an e-mail to the e-mail address email@example.com, taking care to provide order number and proof of delivery as well as a photographic detail of the problem complained of.
Before sending the product back to us, we ask you to wait for our return authorization communication: our customer service will give you an answer as soon as possible and in any case within 5 (five) working days.
In the answer, where BIFFI.COM have found the lack of conformity and therefore accepted the return request, you will also be provided with information about the shipping method, as well as the deadline for returning and any replacement of the non-compliant goods.
In accordance with the provisions of the Consumer Code, the consumer has the right to withdraw from the contract without obligation to provide reasons and without the payment of penalties, by sending an explicit communication to BIFFI.COM effect. This right can be exercised within 14 (fourteen) working days from delivery of the goods.
In exercising the right of withdrawal, the consumer is required to return the goods to Biffi no later than two weeks from the sending of the aforementioned communication, in the same conditions in which he received them.
An essential condition for exercising the right of withdrawal is the substantial integrity of the product to be returned. It is, in particular, necessary that the goods are returned in normal condition, as they are kept and possibly handled with normal diligence. In particular, the goods must be returned:
1. properly packed in their original packaging, in perfect condition of resale (not damaged, damaged or dirty) and equipped with any accessories (by way of example and not limited to boxes, bags, belts) and documentation;
2. without obvious signs of use, except those compatible with carrying out a normal test of the article. They must not bear any record of use exceeding the time necessary for a test and must not be in such a state as not to allow their resale;
3. with disposable tag and seal still attached, these elements are an integral part of the good;
4. with the Return Authorization Number (RMA).
Following the exercise by the consumer of the right of withdrawal in accordance with these general conditions of sale, Biffi will reimburse the consumer for the sums paid by the same by crediting the payment card or account used for the purchase.
As specified below, the costs of returning the goods will be borne by the Seller in the event that the consumer uses the carrier authorized by Biffi using the return documents provided by Biffi and ships the goods from the country from which the delivery took place. Otherwise, the costs of the return will be borne by the consumer.
BIFFI.COM RETURN PROCEDURE
In order to facilitate the exercise of the right of withdrawal and the return process, Biffi has implemented the following procedure, also detailed in the "Return Policy" section:
1. the registered consumer can send his return request by accessing the "MY ACCOUNT" area in the "MY ORDERS" section and click on "CREATE RETURN" where he can fill in and send the return form; if the consumer has made a purchase as a guest, he can contact BIFFI.COM Customer Service, in particular at the email firstname.lastname@example.org communicating his order number, name and surname. The consumer can also exercise the withdrawal by sending, even by post to the seller's address, an explicit communication about his intention to withdraw from the contract; however, in this case it will be the responsibility of the consumer himself to prove the correct and timely exercise of this right.
2. Upon receipt of the return request, Biffi sends a communication to the consumer's e-mail address certifying that the request has been processed. The return processing receipt does not constitute acceptance of the return. The return can in fact be considered accepted only at the time of communication of authorization of the return sent by Biffi to the consumer's e-mail address at the end of the procedure described below;
3. if the consumer's return request is regular (by way of example, the deadline of 14 (fourteen) working days from delivery is respected), Biffi authorizes the shipment of the goods by sending a communication to the consumer's e-mail address with the relative instructions. The product must be shipped within 14 (fourteen) days from the return request. Simply pack the package well and display the pre-printed return label – bearing the return address – already included in the package and enter the Return Authorization (RMA) number. The return shipment is free if made using the courier provided by BIFFI.COM. In the event that the consumer chooses to return the goods by different courier, or in ways different from those indicated above, the costs of the return are fully borne by the consumer;
4. Once the goods have been received, Biffi will carry out the necessary checks in order to verify the conformity of the returned products with the conditions and terms indicated above.
If the right of withdrawal is exercised following the methods and terms indicated above, Biffi will send, via e-mail to the consumer's e-mail address, the communication of the "acceptance of the return" and reimburse any sums already collected for the purchase of products according to the methods and terms provided.
In the event that the goods are in a state that does not allow resale, or other essential conditions for the right of withdrawal have not been met, Biffi reserves the right to refuse the consumer's return request by giving specific notice. Following this communication, the Consumer remains entitled to obtain, at his own expense, the products in the state in which they were returned.
It should be noted that the refund is made by Biffi with the same payment method used by the consumer for the purchase (i.e. by crediting the payment card or account indicated for the purchase). In the case of orders with non-EU shipping, shipping and customs taxes will not be reimbursed by Biffi, but the Consumer must contact his customs office.
5. PROTECTION OF PERSONAL DATA
6. APPLICABLE LAW AND DISPUTE RESOLUTION
Without prejudice to the application of the mandatory rules of European origin to protect the consumer, the general conditions of sale are governed by Italian law and in particular by the Consumer Code and by Legislative Decree 9 April 2003, n. 70 ("Implementation of Directive 2000/31 / EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce").
We also inform you that the European Commission provides a platform for alternative out-of-court dispute resolution, accessible on the http://ec.europa.eu/odr website.
Biffi may modify or simply update, in whole or in part, these conditions when necessary, without notice. The general conditions applicable to the sale of each good will be those published on biffi.com on the date of the order relating to the asset itself. The consumer, therefore, must view and accept these general conditions of sale before proceeding with each purchase. If one or more provisions of these conditions should be considered null or invalid, these general conditions of sale will remain valid and produce effects in the remaining parts. The mere tolerance or failure by Biffi to contest any breach by the consumer with respect to the contents of the aforementioned conditions cannot be interpreted as tacit acceptance of such breaches, nor as a desire to derogate from what has been agreed between the parties.
Clarifications or detailed information regarding the procedures and conditions described herein may be requested from our Customer Service.