GENERAL TERMS AND CONDITIONS OF SALE

 

1.  Scope of Application

• These general terms and conditions of online sale (“General Terms and Conditions”) apply to all sales contracts entered into between “DROP Srl” (with registered office at Via Sandro Pertini n.1, Montegranaro (FM), 63812, with tax code and VAT number 01383870431, hereinafter “DROP” or the “Seller”), which sells, on behalf of “DAL BORRO Srl” (with registered office at Viale Europa n. 23 Loro Ciuffenna (AR), San Giustino Valdarno hamlet, 52024, with tax code and VAT number 01692160516, hereinafter “DAL BORRO” or the “Manufacturer/Supplier”), the goods under the “IL BORRO Toscana” brand on sale at the online store at “www.ilborroconcept.com” (the “Website”), and the customer, who is understood, pursuant to Art. 3 of Legislative Decree n. 206/2005 (“Italian Consumer Code”), to be a consumer, i.e. a physical person acting outside of the scope of any business, commercial, artisanal or professional activities they may conduct (the “Customer”), on the basis of the orders placed electronically on the Website. DROP therefore reserves the right to refuse to process any orders placed by any subjects other than the Customer.

 

• By accepting these General Terms and Conditions upon purchasing a product on the Website, the Customer acknowledges that they have carefully read its contents and declares that they undertake to comply with its provisions. The Customer will not be able to purchase goods via the Website if they do not accept these General Terms and Conditions.

 

• The General Terms and Conditions apply regardless of the Customer’s nationality, as long as the goods are delivered to one of the countries in which the online sales service is active: these countries are listed on the Website’s homepage.

 

2.  Changes to the General Terms and Conditions

• DROP reserves the right to implement changes to these General Terms and Conditions where such changes are necessary to ensure compliance with any legal provisions, for technical reasons, to align them with the sales models adopted by DROP or to better protect the parties’ rights. The most recent version of the General Terms and Conditions will be regularly published on the Website. In any case, for each purchase, the version of the General Terms and Conditions in force when the related order was placed shall apply.

 

3.  Creating an Account

• To purchase the goods shown on the Website, the Customer must (i) sign into the Website using the personal login details they received when they created an account in their name on the Website, or (ii) create a new account on the Website, or (iii) purchase the products as a “guest” user, in which case they do not need to sign in.

 

• To create a new account on the Website, the Customer must (i) correctly fill out the fields on the registration form, inserting all the information requested (for example, but not limited to: name, surname, email address, username, and password), (ii) confirm that they have read the privacy policy shown on the Website and provide any other consent required and (iii) confirm their registration.

 

• When creating an account on the Website, the Customer must choose a username and password, according to the applicable criteria indicated on the Website. The Customer acknowledges and accepts that the login details they use to sign into the Website are personal and must not be communicated or transferred to third parties. The Customer shall keep their password secret and shall immediately inform DROP in the event of the unauthorised use of their account or of the loss or theft of their login details by sending a written notice containing a detailed explanation of the events to DROP at the address stipulated in Art. 16, along with a copy of their ID. Once DROP has received this notice from the Customer, DROP shall freeze the Customer’s login details and shall provide the Customer with new ones. DROP shall not be held responsible for any loss or damage arising from the Customer’s failure to keep their password safe or failure to communicate the unauthorised use, loss or theft of their password to DROP. The Customer shall be wholly liable to DROP for any loss and/or damage incurred as a result of the unauthorised use of their account.

 

• Creating an account on the Website is free of charge, except for the fact that (i) the Customer is responsible for the cost of connecting to the internet network used to access the Website, in line with the prices, terms and conditions applied by their operator and (ii) purchasing a product on the Website implies the Customer’s obligation to pay DROP the corresponding amount owed for such product.

 

• Once they have created an account on the Website, the Customer will receive an email at the address indicated during the account creation process.

 

• The Customer may delete their account at any time by notifying DROP via the email address provided in Art. 16 below. Upon receipt of this email, all contractual relationships between the Customer and DROP, excluding any orders placed before the account deletion request was sent, shall be terminated and the Customer’s username and password shall be deleted.

 

 

4.  Logging in as a Guest

• The Customer may also purchase goods on the Website as a guest without having to create an account on the Website. In this case, the Customer must (i) correctly fill out the appropriate fields on the form on the Website, entering all information requested (for example, but not limited to: name, surname, billing address, delivery address and email address), (ii) confirm that they have read the privacy policy on the Website and (iii) accept these General Terms and Conditions.

 

• Once they have filled out the form, the Customer will be able to choose a payment method from those indicated in Art. 8.1 and electronically place their order with DROP.

 

5.  Conclusion of the Purchase Contract

• The Customer must select the goods they want to purchase and add them to their basket, except for the option of modifying or deleting the content of their basket at any point before placing the order.

 

• Placing an order via the Website constitutes a binding offer to purchase the selected goods, and, therefore, to enter into a purchase agreement, which shall be governed exclusively by these General Terms and Conditions (“Contract”).

 

• Before confirming their order, the Customer must check the order summary to ensure that all the information provided is correct. Any errors in the information entered may be corrected using the dedicated editing tools available on the Website. Once the order has been placed, it can no longer be amended.

 

• Once the order has been placed, DROP shall send the Customer an email confirming receipt of the order, containing the order number and details of the order (“Confirmation of Receipt”).

 

• The Customer must keep the order number contained in the Confirmation of Receipt for any future communication with DROP.

 

• The Confirmation of Receipt does not in itself mean that the order has been accepted. The Customer’s offer to enter into a Contract shall only be deemed accepted once the order has been processed and the related invoice has been issued, until which point DROP may reject the order. If the order is not accepted, DROP shall promptly communicate this to the Customer and any sums already paid shall be refunded pursuant to Art 8.9.

 

 

6.  Goods Selection

• The Customer may only purchase the goods shown in the catalogue published on the Website which are available when the order is placed by the Customer. The catalogue may be periodically updated, and DROP cannot guarantee that a given product will always be available, nor can it guarantee the availability of all sizes/versions of each product/colour shown in the catalogue.

 

• Each product is accompanied by a description of its main characteristics. The images and colours in the goods descriptions may not exactly match the actual goods, as a result of the settings on the digital systems or devices used by the Customer to view the Website. Hence, the published images should be considered for illustration purposes only.

 

• The goods shown on the Website are available while stocks last. Where although selectable, a selected product is not actually available, DROP shall inform the Customer promptly via email and refund them any sums already paid, pursuant to Art. 8.9.

 

7.  Prices of Goods

• The retail prices shown on the Website are inclusive of VAT, if applicable in the country of shipping destination.

 

• The retail prices applicable to the Customer are those published online at the time the order is placed. These prices may be subject to variation without warning. It is up to the Customer to check the final price before placing the order.

 

• In the event of a recognisable error in the price of a product or in the calculation of the taxes payable, DROP will reject the order proposal and will contact the Customer to allow them to submit the correct purchase order proposal.

 

• DROP reserves the right to apply different retail prices depending on the country of shipping destination.

 

• The prices of the goods on the Website exclude shipping costs, which, if due, will be displayed during the purchase process before the relevant order is placed.

 

8.  Payments; Billing; Refunds

• The Customer can choose from the following payment methods:
  • Credit card (Visa, Mastercard, American Express, Maestro);
  • PayPal;
  • Google Pay;
  • Apple Pay;
  • Scalapay.

 

• The payment system only accepts Visa, Mastercard, American Express and Maestro (Visa and Electron cards not enabled for online payments are not accepted).

 

• For payments made via PayPal, the Customer will be redirected to a page on the PayPal website, where payment will be processed after entering the Customer’s email address and password. Payments are subject to PayPal account verification. The Customer must therefore connect to the PayPal website.

As Google Pay is supported by Google Chrome, the Customer must sign into their own Google account and have at least one card in their Wallet.

As Apply Pay is supported by Safari, the Customer must log into their own iCloud account using their Apple ID and have at least one card in their Wallet.

 

• All card details are managed directly by banks (Payment Service Provider) specialised in the management of online payments; and all PayPal details are managed directly by PayPal. The details are encrypted through the latest encryption systems, which prevent them from being used by third parties, and are not shared with DROP but are sent directly to the bank or to PayPal.

 

• If the payment is made via credit card or PayPal, the transaction will be authorised when the order is placed. If the payment is not authorised by the relevant managing party, DROP will not accept the order.

 

• To use Scalapay, during checkout the Customer’s personal details are transmitted to Scalapay as an order contact and details to allow Scalapay to assess whether the Customer is eligible for their payment methods and adapt them to the Customer’s requirements. The Customer’s personal details are processed directly by Scalapay in line with their respective Privacy Policies.

 

• DROP reserves the right to request additional information from the Customer (for example, their telephone number) or a copy of an ID to confirm ownership of the credit card, purely for the purpose of carrying out the necessary credit card payment checks and further protecting and safeguarding the Customer themselves. If the requested documentation is not provided, DROP reserves the right to refuse the order.

 

• If the order is cancelled or if it is not accepted, DROP shall reimburse the Customer, as soon as possible, any amounts already paid. The amounts paid by the Customer to DROP shall be refunded using the same payment method used by the Customer to make the purchase. Refunds shall be processed in line with the time frames and methods provided for by the manager of the relevant payment method. If the recipient of the order indicated in the order proposal is not the same as the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in the event that the order is cancelled or not accepted or if the right of withdrawal is exercised, shall in any case be paid to the person who made the payment.

 

• For online sales, pursuant to Art. 22 of Presidential Decree n. 633 of 26/10/1972 and Art. 2(oo) of Presidential Decree n. 696 of 21 December 1996 (as confirmed by Resolution n. 274/E of 5 November 2009), the seller is not required to issue an invoice (or a receipt or tax receipt) to the buyer (i.e. a not-VAT registered person). The Customer may still request DROP to issue a tax receipt at the time of purchase. In this case, DROP will send the requested invoice to the email address provided by the Customer when they created their account or on the order form. For the purpose of issuing the invoice, the details provided by the Customer when placing the order shall take precedence. Once the invoice has been issued, the details stated on it cannot be changed. The Customer is therefore encouraged to closely check the details they have entered before placing the order. Invoices may only be requested at the time of purchase; they cannot be issued at a later date. If the Customer does not request an invoice, DROP will still send a non-tax receipt of purchase, useful for assistance or warranty purposes, to the email address or physical address provided by the Customer when they created their account or on the order form.

 

9.  Shipping and Delivery of Goods

• The goods purchased on the Website shall be delivered to the address provided by the Customer when they created their account or at the time of purchase. The goods will be shipped using approved carriers to the delivery address provided on the order form. Carriers may be unable to deliver to particularly remote areas. In these cases, DROP will be responsible for informing the Customer that their order cannot be accepted.

 

• Once the goods have been collected by the carrier, the Customer shall receive a confirmation email from DROP containing a tracking number, which the Customer can use to monitor the shipment in real time (“Shipping Confirmation”). The shipment date is the date on which the goods are collected by the carrier in charge of delivery.

 

• Delivery times and costs vary depending on the country of destination. In any case, all delivery times are indicative and not binding for DROP, except for the provisions of Art. 10.

All shipping costs are borne by the Customer, who will be informed during the purchase process prior to placing the order, except as provided below. DAL BORRO reserves the right to modify the application of the shipping costs as outlined above, for example to provide free shipping only for purchases over a certain spending threshold and/or only for certain shipping countries and/or only for certain days/periods of the year, clearly stating as such on the Website and providing notice to the Customer during the purchase process before placing the order. Shipments to all non-EU countries are made on a DDP (Delivery Duty Paid) basis, which means that customs charges and any local taxes are not chargeable to the Customer upon receiving the goods.

 

• Upon delivery of the product(s), the Customer shall check that: (i) the number of packages matches the number on the transport document and (ii) the packaging is intact and shows no signs of damage, tampering or alteration. Where this check does not have a positive outcome, the Customer must immediately inform the courier, and either reject the delivery or accepting it but with a written reservation on the transport document. Failing this, once the carrier document has been signed, the Customer will not be able to raise any disputes on the condition of the outer packaging of the delivered goods. Additionally, the Customer must inform DROP of what has happened by contacting Customer Services as outlined in Art. 16 within 8 (eight) days of receiving the order, indicating any problems relating to the physical integrity of the goods received or any incorrect/missing items. The Customer’s statutory rights pursuant to Art. 13 and the right of withdrawal referred to in Art. 14 shall in any case not be affected.

 

10.  Late Delivery

• Where a Contract has been entered into and the goods ordered by the Customer have not been delivered within the stated date and time, the terms of delivery of the goods to the Customer shall be deemed extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.

 

• In compliance with Art. 61 of the Italian Consumer Code, if DROP does not deliver the goods within the time frame stipulated in Art. 10.1, the Customer may:
  • withdraw from the Contract in the manner set forth in Art. 14.2 and obtain a refund in accordance with Art. 14.4;
  • or request DROP to deliver the goods within an additional timeframe appropriate to the circumstances. If the additional timeframe expires without the goods having been delivered, the Customer is entitled to terminate the Contract, subject to the right to a refund for all amounts paid for the execution of the Contract and any damage compensation.

 

11.  Collection of Goods

• If the goods cannot be delivered because the Customer is not at home or for any other reason (address is incorrect or non-existent, etc.), either another delivery attempt will be made or the carrier will keep the order at its warehouse until it is collected by the Customer, who will be informed as such by way of a delivery attempt note. If the goods are not collected within the term indicated on the delivery attempt note, they will be returned to DROP. In this case, the Contract shall be considered automatically terminated pursuant to Art. 1456 of the Italian Civil Code. The Customer will be informed of this via email and the related order will be cancelled. Within the next 15 (fifteen) days, DROP will refund the Customer the price paid for the goods, minus the fees incurred for the unsuccessful delivery attempt and for returning the goods, and any other fees incurred due to the unsuccessful delivery of the order owing to the Customer’s absence or failure to fulfil their obligation to receive the delivery.

 

• Following the email notice mentioned in Art. 11.1, if the Customer wants to request the delivery of the previously ordered goods, they will need to place a new order, without prejudice to DROP’s right to refuse such order.

 

12.  Customer Representations and Warranties

• The Customer declares and warrants: that they can legitimately accept these General Terms and Conditions; that they are over the age of 18; that their personal details and other information communicated to DROP when creating an account on the Website or when purchasing a product are true, correct and up to date; that they will use the Website in compliance with all applicable laws and regulations, refraining from any direct and/or indirect use that is in breach of the law or these General Terms and Conditions, or is harmful to the rights of third parties.

 

DROP reserves the right to check the information provided at any point and using any means available to it, including requesting appropriate supporting documentation from the Customer, and, in the event of a breach, to terminate or suspend the Customer’s account.

 

• The Customer shall undertake to indemnify and hold DROP harmless against all liabilities, actions, costs, expenses, and claims that may arise from the Customer’s breach of the representations and warranties set forth in Art. 12.1, without prejudice in any case to DROP’s right to terminate the Contract with immediate effect pursuant to Art. 1456 of the Italian Civil Code.

 

13.  Legal Guarantee of Conformity

• The goods sold to the Customer through the Website are covered by the Manufacturer’s/Supplier’s legal guarantee of conformity provided for in Art.s 128 et seq. of the Italian Consumer Code (“Legal Guarantee”). To benefit from the guarantee, the Customer must keep and present the invoice (or the purchase receipt or packing slip) they receive when the goods are delivered.

 

• The Legal Guarantee may be requested for any lack of conformity existing at the time of delivery of the goods, provided that the lack of conformity is reported within 2 (two) years of the goods being delivered. The Customer must report the lack of conformity by contacting Customer Services as indicated in Art. 16, providing an accurate and comprehensive description of the reported faults or defects. In this case, Customer Services is required to acknowledge the Customer’s communication and provide them with instructions for returning the defective product.

 

• The Customer may request, at their discretion, to repair or replace the goods at no extra cost, unless the option chosen is objectively impossible or excessively costly compared to the other, factoring in all the circumstances and, in particular, those listed in Art. 135-bis, paragraph 2 of the Italian Consumer Code.

 

• The Manufacturer/Supplier may refuse to make the goods compliant by repair and replacement if repair or replacement are impossible or if the costs that the Manufacturer/Supplier would have to incur are disproportionate, factoring in all circumstances, including those mentioned in Art. 135-bis, paragraph 2(a) and (b) of the Italian Consumer Code.

 

• The Customer may request, at their discretion, an appropriate reduction in price or termination of the Contract where any of the following situations arise: (i) the Manufacturer/Supplier has failed to repair or replace the goods, or has failed to repair or replace the goods, where possible, pursuant to Art. 135-ter, paragraphs 1, 2 and 3 of the Italian Consumer Code, or has refused to restore the goods to conformity pursuant to Art. 13.4 above; (ii) a lack of conformity is still present despite the Manufacturer/Supplier’s attempt to restore the goods to conformity; (iii) the lack of conformity is so serious that it justifies an immediate reduction in price or termination of the sales Contract; (iv) the Manufacturer/Supplier has declared or it is clear from the circumstances that it will not restore the goods to conformity within a reasonable period or without causing the Customer significant inconvenience. It is understood that the Customer has no right to terminate the Contract if the lack of conformity is minor.

 

• If, after collecting the goods, it is verified that the reported lack of conformity does indeed exist, any transport, repair or replacement costs shall be borne by the Manufacturer/Supplier. If, on the other hand, the reported lack of conformity does not exist or that there are no bases for enforcing the Legal Guarantee, the Legal Guarantee shall not apply and all transport costs as well as the costs related to the verification of the reported lack of conformity defect shall be borne by the Customer, who shall be notified thereof.

 

• The Customer acknowledges and accepts that the Legal Guarantee does not cover any defects or damages that occur after delivery of the goods, such as, for example, those caused by improper use by the Customer or a third party.

 

14.  Right of Withdrawal

• Pursuant to Art.s 52 et seq. of Legislative Decree n. 206/2005, as amended, the Customer has the right to withdraw from the Contract without having to give any reason within 14 (fourteen) days from the delivery of the goods, or from the day on which the Customer or a third party appointed by them acquires physical possession of the goods. If the Customer has purchased with a single order several products that were delivered on different dates, the withdrawal period shall expire after 14 (fourteen) days from the date of delivery of the last product. Withdrawal is not allowed for the types of goods for which this is expressly excluded pursuant to Art. 59 of Legislative Decree n. 206/2005, as amended (for example, bespoke or customised goods).

 

• To exercise their right of withdrawal, the Customer, pursuant to Art. 54 of the Italian Consumer Code, may use, at their discretion, one of the following methods:
  • fill in the online returns form, which can be found on the Website in the “Customer Service” section under “Returns and Refunds”;
  • for registered users, complete the online returns request by logging into their account, going to “My orders”, clicking on “Create return” for the corresponding order number, and following the instructions displayed until the return has been successfully registered;
  • send the Seller a clear statement of withdrawal from the Contract via email to customercare@ilborroconcept.com.

 

In the email exercising their right to withdrawal or on the returns form, the Customer must state the order number included in the Confirmation of Receipt mentioned in Art. 5.4.

 

• Upon receipt of the Customer’s request for withdrawal, DROP shall immediately email the Customer a confirmation of receipt, containing the returns form to be included in the return package and instructions on how to proceed with the return of the goods.

 

• In the event of withdrawal, the Customer shall be reimbursed all the amounts paid to DROP at the time of purchase, including all delivery costs, if all the goods purchased are returned, with the exception of additional costs incurred if the Customer chose a more expensive delivery method than the standard delivery offered.

The refund will be issued without undue delay, and in any case within no later than 14 (fourteen) days from the date on which DROP was informed of the Customer’s decision to withdraw from the Contract. Following the withdrawal, refund times may be longer if there are any duties or local fees payable by the Customer that must be deducted from the refund, as explained in detail below.

Refunds will be issued using the same payment method used by the Customer for the initial transaction.

The costs of processing returns shall be borne by the Customer and, for the Customer’s convenience will be deducted from the refund amount resulting from the return.

For returns originating from non-EU countries, any customs charges and local taxes shall be borne by the Customer, and, for the Customer’s convenience will be deducted from the refund amount.

 

• Unless DROP has offered to collect the goods subjected to the right of withdrawal exercised by the Customer, and if the Customer agrees to make use of the returns service provided by DROP, the Customer must return or deliver the goods to DROP without undue delay and in any case within 14 (fourteen) days from the date on which they notified DROP of their intention to withdraw from the Contract. The term shall be considered to have been met if the Customer returns the goods before expiry of the 14 (fourteen) days to the following address: Il Borro Polo Logistico, Via Galvani 22 Loc Pratacci, 52100 Arezzo (AR). In this case, DROP may suspend the refund due following the exercise of the right of withdrawal until the goods have been received or until the Customer provides evidence of shipping the goods, whichever occurs first.

  

• The Customer must return the products fully intact, undamaged, with the original tags still attached and in their original packaging. In particular, goods cannot be returned if they have been worn, used, washed or altered in any way. The return of goods that are incomplete, damaged, used or altered in any way will not be accepted. The goods returned must be packaged appropriately in order to protect the original wrapping from damage, pen marks and labels. If the original order also contained any free gifts, these must also be returned.
• If the right of withdrawal is forfeited due to the expiration of the term or if the return cannot be accepted due to non-compliance with the conditions mentioned in Art. 14.6, DROP will inform the Customer via registered letter with acknowledgement of receipt. The goods, if already returned, will be kept for the Customer at Il Borro Polo Logistico, Via Galvani 22 Loc Pratacci, 52100 Arezzo (AR), Italy, until the Customer collects them at their own expense.

 

15.  Personal Data Protection

• The Data Controller is DAL BORRO. DROP processes the Customers’ personal data as data processor, appointed for such purpose pursuant to Art. 28 of EU Regulation 2016/679. The purposes and methods of the processing are specified in the Privacy Policy published in the Website footer in the “Privacy Policy” section.

 

16. Customer Service

• Customer Service, which the Customer may contact for information, to request assistance or to submit complaints, can be reached at the following addresses:
  • email: customercare@ilborroconcept.com
  • tel: +39 0239198637

 

17. Online Dispute Resolution

• The Customer may use the platform provided by the European Commission to resolve any disputes relating to online sales contracts (“ODR Platform”). Via the ODR Platform, the Customer and DROP may resolve any disputes relating to orders placed online with the assistance of an impartial body. The ODR Platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show

 

18. Applicable Law and Competent Court

• These General Terms and Conditions are governed entirely by Italian law. This excludes conflict-of-law rules and in any case the rules of private international law, as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG), adopted in Vienna on 11 April 1980.

This is still without prejudice to the mandatory legal provisions in force in the State in which the Customer has their habitual residence.

 

• Any disputes that should arise between the parties relating to the validity, interpretation, execution or termination of the present General Terms and Conditions or of any Contract, where the Customer intends to bring proceedings before an ordinary court, either the Court of Fermo or the Court of the Country of the Customer’s residence or domicile, if this Country is a member of the EU, shall have exclusive competence, at the Customer’s discretion. The Seller shall submit any disputes that arise in relation to the present General Terms and Conditions to the competent Court of the country in which the Customer habitually resides, if it is a member of the EU. If it is not, the dispute shall be submitted to the Court of Fermo.

 

 

Latest update: November 2024