TERMS AND CONDITIONS

Terms and Conditions of Emanuela Biffoli SRL

These Terms govern

  • the use of https://biffoliofficial.it/ e
  • any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

The person responsible for Emanuela Biffoli SRL is:

EMANUELA BIFFOLI SRL

VAT number IT 03903140485

Registered office: Viale L.Ariosto, 490 / i

50019 - Municipality of Sesto Fiorentino (FI)

Owner contact email: info@biffoli.it

To know at a glance

  • The right of withdrawal applies only to European Consumers.
  • The use of the Service / by Emanuela Biffoli SRL is reserved for Consumers only.

CONDITIONS OF USE

Unless otherwise specified, the conditions of use of Emanuela Biffoli SRL set out in this section have general validity.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using Emanuela Biffoli SRL, the User declares to satisfy the following requirements:

  • The User acts as a Consumer;

Registration

To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.

You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available.

It is the Users' responsibility to keep their login credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on Emanuela Biffoli SRL.

By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials.

Users are required to inform the Data Controller immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disseminated or subtracted.

Account closure

The User is free to close his account and cease using the Service at any time, by following this procedure:

  • Using the account closure tools available on Emanuela Biffoli SRL.

Account suspension and cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.

Content to Emanuela Biffoli SRL

Unless otherwise specified or clearly recognizable, all content available on Emanuela Biffoli SRL is owned or provided by the Owner or its licensors.

The Owner takes the utmost care so that the content available on Emanuela Biffoli SRL does not violate the applicable legislation or the rights of third parties. However, this is not always possible.

In such cases, without any prejudice to the rights and legally enforceable claims, Users are requested to address their complaints to the addresses specified in this document.

Rights on the contents of Emanuela Biffoli SRL

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exclusion, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / alienate to third parties or create works derived from the content available on Emanuela Biffoli SRL, to allow third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on Emanuela Biffoli SRL, the User is authorized to download, copy and / or share certain contents available on Emanuela Biffoli SRL exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.

The limitations and exclusions provided for by the legislation on copyright remain unaffected.

Access to external resources

Through Emanuela Biffoli SRL, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.

The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.

Permitted use

Emanuela Biffoli SRL and the Service may be used only for the purposes for which they are offered, according to these Terms and in accordance with the applicable law.

It is the User's sole responsibility to ensure that the use of Emanuela Biffoli SRL and / or the Service does not violate the law, regulations or rights of third parties.

TERMS AND CONDITIONS OF SALE

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of Emanuela Biffoli SRL and are subject to change without notice.

Although the Products on Emanuela Biffoli SRL are presented with the utmost accuracy technically possible, the representation on Emanuela Biffoli SRL by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a mere reference and not implies no guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure.

The purchase procedure includes the following steps:

  • Users are asked to choose the desired Product and to verify their purchase choice.
  • After checking the information visible in the purchase choice, Users can place the order by forwarding it through the purchase procedure of the ecommerce site.

Sending the order

Sending the order involves the following:

  • The sending of the order by the user determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
  • In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes the User's obligation to collaborate with consequence.
  • Once the order has been sent, a confirmation of receipt of the order will be sent to the Users.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

Prices

During the purchase process and before placing the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

Prices on Emanuela Biffoli SRL:

  • include all applicable fees, taxes and costs.

Means of payment

The details relating to the accepted means of payment are highlighted during the purchase procedure.

Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of Emanuela Biffoli SRL.

All payments are managed independently by third party services. Therefore, Emanuela Biffoli SRL does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.

In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are the responsibility of the User.

Retention of title

Until the payment of the full purchase price has been received by the Owner, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

At the time of delivery, Users must check the contents of the package and promptly report any anomalies at the addresses indicated in this document or as described in the delivery note. Users may refuse to accept the package if visibly damaged, and in any case to be proven through photographic proof. To communicate the refusal of the withdrawal, an email must be sent to the email address info@biffoli.it with the subject: Photographic proof for refusal of withdrawal .  Please also enter the reference to the order number, the date of purchase and the name of the order.

Delivery can take place in the countries or territories specified in the relevant section of Emanuela Biffoli SRL.

Shipping times may vary from the day of the order to a maximum of 10 working days from the confirmation of the same. In the event that the Supplier is unable to ship within this deadline but, in any case, within that indicated in the following point, the Buyer will be promptly notified by e-mail.

Delivery failure

The Owner is not responsible in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been instructed by the 'User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, any delivery attempt starting from the second will be charged to the User.

Rights of the User

Right of withdrawal

Unless there is an exception, the User may have the right to withdraw from the contract within the term specified below for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who enjoys the right of withdrawal

If one of the exceptions listed below does not occur, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Data Controller an unequivocal communication of his intention to withdraw from the contract.

To this end, the User can express his will to exercise the right of withdrawal through the following methods:

  • Registered mail with acknowledgment of receipt to the address:
    Emanuela Biffoli Viale Ludovico Ariosto 490 / i, 50019, Sesto Fiorentino, Florence
  • Through Pec at the address emanuelabiffolisrl@postecert.it
  • By email at info@biffoli.it

However, the User is free to express his intention to withdraw from the contract in any other suitable written form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal deadline expire?

  • In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the goods.
  • In the event of the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - from them in charge and different from the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Holder reimburses all payments received, except for shipping costs (being a service that the customer has used).

For the re-credit you can choose between one of the following possibilities:

  • provision of a purchase voucher: which must be spent within one year of its generation, under penalty of forfeiture of the credit, on the same platform of Emanuela Biffoli Srl where the purchase was made;
  • Replacement of the goods with a voucher of the same value as the amount to be refunded;
  • Re-credit of the money (indicate in the withdrawal request the details of a bank or postal current account: IBAN code and Account Holder).

The User must not incur any costs as a consequence of the withdrawal.

The reimbursement takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract.

Notes on contracts for the purchase of tangible goods

The User is required to return them to the Owner at the warehouse in Viale Ludovico Ariosto 490 / i, 50019, Sesto Fiorentino, Florence to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

The return shipping costs are charged to the User .

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

  • for the supply of goods that risk deteriorating or expiring rapidly;
  • for the supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and have been opened after delivery, such as, for example, but not limited to cosmetic products or perfumes and deodorants;

Legal guarantee of conformity of the Product

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the moment of delivery to the buyer.

If the Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on Emanuela Biffoli SRL in accordance with the laws of the country in which they usually reside.

The national laws of that country may grant these Users broader rights.

Consumers who do not act as European Consumers may enjoy compliance guarantee rights under the legislation of the country in which they usually reside.

Common provisions

No implied waiver

Failure to exercise legal rights or claims deriving from these Terms by the Owner does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.

Interruption of the Service

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law.

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructural malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit Emanuela Biffoli SRL or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of Emanuela Biffoli SRL.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to Emanuela Biffoli SRL are held exclusively by the Owner or by its licensors and are protected under the regulations and international treaties applicable to intellectual property.

All trademarks - word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with Emanuela Biffoli SRL are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the legislation and international treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will affect the relationship with the User only for the future.

Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in each party having the right to withdraw from the Agreement.

The applicable previous version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.

If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will take effect.

Transfer of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of Emanuela Biffoli SRL must be sent to the addresses indicated below:

Phone: +39 055 4254483

Email: web@biffoli.it

PEC email: emanuelabiffolisrl@postecert.it

Safeguard clause

If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.

European users

Should a provision of these Terms be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing the null, invalid or ineffective one.

In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not result in nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Jurisdiction

The exclusive competence to know any dispute deriving from or in connection with the Terms rests with the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

Although the Users' right to take legal action remains unaffected, in the event of disputes relating to the use of Emanuela Biffoli SRL or the Service, Users are requested to contact the Owner at the addresses indicated in this document.

The User can address a complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 5 days of its receipt.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, every European Consumer can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here .