GENERAL SALES TERMS
Luna Srls, with registered office in via Cristoforo Colombo 21, 40131 Bologna, is appointed by Bosa di Italo Bosa Srl with registered office in via Molini n° 44 - 31030 Borso del Grappa (TV) - Italy, VAT No. and registered in the Treviso Register of Companies under the Treviso Economic Administrative Register No. 03935610265, with complete outsourcing management of the online store referred to "Bosa" and the relevant eCommerce activities.
ARTICLE 1: FINALIZATION OF AGREEMENTS
This agreement between Luna Srls (Luna) and the Customer is understood to be finalized with confirmation of the order by Luna according to the procedures and terms indicated in following article 2. Finalization of agreements entails examination and full acceptance of these general sales terms by the Customer.
If the Customer is a consumer then once the on-line purchase procedure is terminated he shall print or save an electronic copy and in any case preserve these general sales terms in accordance with the provisions of articles 3 and 4 of Legislative Decree 185/99 pertaining to remote sales.
ARTICLE 2: PURCHASE PROCEDURE
The Customer may only purchase the products in the on-line catalogue at the moment the order is sent in and which can be viewed on-line at the www.bosatrade.com address as described in the relevant information forms. The order shall be validly processed the moment the Customer receives, at the e-mail box he has specified, confirmation that payment for the order has taken place.
Correct order reception is confirmed by Luna by an e-mail answer sent to the e-mail address notified by the Customer. This confirmation message carries the Date and Hour the order was carried out and a Customer order number to use in all further communications with Luna. The message reiterates all the data input by the Customer, all information related to the essential characteristics of the goods, the price, payment terms, withdrawal, delivery procedures and charges and applicable taxes. The Customer must check the correctness of this data and promptly notify any corrections according to the procedures described in this document.
Luna guarantees prompt notice to the Customer in case of failure of the order to be accepted.
ARTICLE 3: PRICES
Products are sold at the list prices valid the moment the order is placed by the Customer. Prices for EUROPEN shipments are understood to include VAT and are net of delivery charges which are calculated the moment the order is placed. Prices for EXTRAEUROPEN shipments are understood to exclude VAT and are net of delivery charges calculated the moment the order is placed.
ARTICLE 4: SHIPPING PROCEDURES
1) SHIPPING INFO ABOUT ITALY, CITTÀ DEL VATICANO, S. MARINO
Luna Srls uses the transport Company SDA for shipments.
2) SHIPPING INFO ABOUT EUROPEAN AND EXTRAEUROPEAN CUSTOMERS (EXCEPT ITALY, CITTÀ DEL VATICANO, S. MARINO)
Luna Srls uses transport Company FedEX for shipments.
3) IMPORT DUTIES AND TAXES
Shipments made in the following countries: Andorra, Brazil, Canada, FærØer, Hong Kong, Iceland, Liechtenstein, Macau, Macedonia, Mexico, Monaco (Principality of), Norway, Switzerland, U.S.A. may be subjected to import duties and taxes, which are levied once your package reaches the country. If you return an item, the return shipping charges and duty taxes (when calculated) are to be charged to the Customer. Luna doesn't know the amount of import taxies and duties, that are responsibility of the recipient.
ARTICLE 5: PAYMENT TERMS
The Customer can pay using a Credit Card or Paypal. At the same time the Customer is placing the order the reference Bank shall authorize the charge to the Customer's credit card. If the Customer exercises the right of withdrawal, according to the procedures set out in following Article 6, the amount previously charged by the operator of the Credit Card shall be credited to the Paypal-account or Credit card specified by the Customer, included shipping costs paid for receiving the order. In case of orders paid by cash on dlivery, Luna will carry out the refund by bank transfer.
Purchase made outside the Euro zone will be refunded considering the exchange rate on the day the credit is processed.
ARTICLE 6: RIGHT OF WITHDRAWAL
- If the Customer is a consumer (viz. a natural person who purchases the goods for purposes that do not relate to his own professional activity, or rather he does not make the purchase specifying, in the order form to Luna, a VAT No. reference) then in accordance with article 5 of Decree Law 185/1999 he is entitled to withdraw from the purchase contract for any reason whatsoever without the need to give explanations and without any penalty except as specified below.
- The Customer, to exercise this right, must log in at the website and refer to the “Return Item” section which is in the personal area. Otherwise, it is necessary to fill the following form in and to follow the instructions therein. Once the above-mentioned withdrawal notice has been received the Luna Customer Service shall promptly inform the Customer of the reception of the request and give instructions for return of the goods which must be received by Luna within 14 days of the date of authorization.
- The right of withdrawal is in any case subject to the following conditions:
- the right shall apply only for the entire purchased product;
- the goods purchased must be whole and returned in their original package, complete in all their parts (including packaging and documentation (if any), etc...);
- in no case shall labels or adhesive tapes be applied directly onto the original product package;
- the return shipping charges and duty taxes (when calculated) are to be charged to the Customer;
- shipment, until certification that receipt by our warehouse has taken place, is under the entire responsibility of the Customer.
If the goods are damaged during transportation Luna shall notify the Customer thereof (within the 5th day of receipt of the goods at its own warehouses) so as to permit the Customer to promptly give notice to the carrier he selected and obtain refund of the value of the goods (if insured). In this case the product will be made available to the Customer for return, simultaneously cancelling the request for withdrawal. Luna in no way answers for damages or theft/loss of goods returned by uninsured shipments. When the product arrives (at the warehouse), it will be inspected to evaluate any damages or tampering not caused by shipment. Whenever the original packaging and/or packing are damaged, Luna shall deduct a percentage from the refund, in any case not greater than 10% of the value of the refund, as compensation for restoration costs.
- Except for any charges for restoring damages caused to the original packing, Luna shall refund the Customer the full amount that has already been paid, included shipping costs paid for receiving the order, within 14 days of return of the goods, doing so by Bank Transfer. In this latter case the Customer must promptly provide his bank data in order to obtain refund (ABI - CAB Codes - Current Account of the addressee of the invoice), Luna will refund to the customer all the amount except for the freight charges within 14 days after receipt of the returnet material. The reimboursament will be made by Luna on the credit card used by the customer.
- Right of withdrawal is totally cancelled, due to lack of the prerequisite of the wholeness of the goods (packaging and/or its contents), in all those cases where Luna ascertains that:
- the original internal packing and/or external packaging are missing;
- accessory product components are missing (accessories, parts, ...);
- the product is damaged for causes other than its transport.
When the right of withdrawal is cancelled Luna shall return the purchased goods to the Customer, charging him for shipping charges.
Purchase made outside the Euro zone will be refunded considering the exchange rate on the day the credit is processed.
ARTICLE 7: CLAIMS
All claims must be addressed to:
Luna Srls
(Customer service Bosa)
Customer Care
ARTICLE 8: PRIVACY
We hereby inform that, to all intents and purposes of art. 13 of Legislative Decree No. 196 dated June 30th, 2003, the personal data provided by the Customer to Bosa di Italo Bosa Srl are processed by them, by procedures including automated procedures, by being introduced into the customer archives and that they are necessary for conclusion of a contractual relationship and for all following procedures of a civil, tax or managerial nature.
Provision of data is facultative: failure to provide, however, makes it impossible to stipulate a contract.
Customer data may be notified, for the same collection purposes, to companies of the group, commercial partners and also to subjects entrusted with outsourced services. The owner of data processing is Bosa di Italo Bosa Srl, with registered office in via Molini n° 44 - 31030 Borso del Grappa (TV) - Italy.
We inform you that, in accordance with the provisions of art. 7 of the aforementioned Legislative Decree, the Customer shall be entitled, among other rights, to obtain:
- confirmation of the existence of personal data that concern him;
- cancellation, transformation into an anonymous form or blockage of data that has in case been processed in breach of the law;
- updating, correction or completion of data.
The Customer may exercise the rights under art. 7 by writing to Customer Care
ARTICLE 9: APPLICABLE LAW AND COURT OF JURISDICTION
This contract is governed by Italian Law.
Territorial jurisdiction, for settling civil and penal disputes arising from conclusion of this Contract, is that of the court of reference of his residence City if the Customer is a consumer. In all other cases the territorial of jurisdiction is the Court of Verona.
ARTICLE 10: RAEE
According to Ministerial decree 65/2010, distributors, included those who carry out telesales or electronic sales, have to inform their consumers of the free collection in a readily comprehensible manner, also by means of notices put in commercial places and written with readable characters.
The prices shown at www.bosatrade.com already include RAEE Eco-Contribution
The Consumer is entitled to take rubbish (RAEE) for free to Local Waste Centres which are spread all over the country and nearest to his home, whose complete list can be consulted by clicking on the following link: http://www.unocontrouno.it/centri-di-raccolta-raee-domestici.aspx
The Consumer is also entitled to request the collection of his own obsolete product. This procedure must take place at the same time as placing the order of a new product subject to RAEE and it must be promptly communicated via email to the address amministrazione@lunaflpartner.it before dispatching the order.