Terms of Sale

1 INTRODUCTION

These General Conditions of Sale (hereinafter referred to as "General Conditions") exclusively regulate the contractual relations between the customers of the site "boen.it" (hereinafter referred to as "Customers") and the seller Boen SAS, with registered office in via Montenevoso, 7, 61121 Pesaro PU, Italy (EU), VAT number IT02165990413. These General Conditions are the only ones that can be applied and replace all other conditions, except for preliminary, express and written derogations. BOEN SAS may be required to modify some of these provisions; therefore, Customers are advised to read the General Conditions each time they visit the site boen.it (hereinafter referred to as "the Site"). Such changes are enforceable from the time they are put online and are not applicable to contracts stipulated prior to this. Each purchase on the Site is subject to the General Conditions of Sale applicable at the date of the order. Customers undertake to comply with the General Conditions and the Conditions of Use detailed on the same every time they complete an order on the Site.

2 RESPONSIBILITY

BOEN SAS assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, wars and other similar events that prevent, in whole or in part, the execution of the sales contract within the agreed times. BOEN SAS will not be liable to any party for damages, losses and any costs incurred due to the failure to execute the sales contract for the reasons mentioned above, or for damages, losses and costs incurred following the use or impossibility to use the products purchased from BOEN SAS, the customer being entitled only to the possible refund of the price paid, excluding any shipping costs. Likewise, BOEN SAS is not responsible for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, when purchasing products on the site, as BOEN SAS is not able to verify who is actually using the credit card.

3 PURCHASER'S OBLIGATIONS

Once the ''online'' purchase procedure has been completed, the customer undertakes to print and/or keep these general conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase, as well as to print the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in Articles 52 and 53 of Legislative Decree 206/05. The buyer is strictly prohibited from entering false and/or invented and/or imaginary data in the registration procedure necessary to activate the procedure for the execution of this sales agreement and the related further communications; the personal data and the e-mail must be exclusively the real personal data and not of third parties.

4 CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE

The obligations assumed by the customer in art. 2 above (Obligations of the buyer), and the successful completion of the payment that the customer must make, are essential, so that by express agreement, the non-fulfilment by the Customer of just one of said obligations, will determine the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the right of BOEN SAS to take legal action for compensation for further damages.

5 JURISDICTION

Any dispute relating to the application, execution, interpretation and violation of the ''online'' sales agreements carried out through the website www.boen.it is subject to Italian jurisdiction, and in particular to the court of Pesaro; these general conditions refer, for anything not expressly provided for therein, to the combined provisions of Legislative Decree 50/92 and Legislative Decree 206/05.

6 AVAILABILITY

Customer orders are fulfilled within the limits of the quantity of products available. In the event that the ordered product is not available, BOEN SAS undertakes to contact Customers within a maximum of 15 days from the date of the order to inform them of the time required for delivery of the ordered product. In the event that the unavailability of the product is due to a definitive stoppage of production of the same by the supplier, BOEN SAS will propose to the customer a product of equivalent quality and price. In the event of refusal by the customer, BOEN SAS will proceed to refund the order placed within 30 days of acceptance of the payment made by the customer.

7 DELIVERY METHODS

Products purchased on the site can be delivered throughout Europe and most of the rest of the world. The order will be delivered to the address indicated at the time of ordering. Additional costs include transaction costs, packaging and transport from our headquarters/warehouse to the recipient's address. For all international shipments destined outside the European Community, prices are net of value added tax and therefore before delivery they may be subject to the payment of any duties and taxes that will be calculated by the customs authorities of the country of destination. Upon receipt of the order, BOEN SAS advises Customers to check that the products delivered comply with the order, and to indicate, in the event that they are damaged, any anomalies on the delivery form in the form of handwritten and countersigned reservations. Without prejudice to applicable legal guarantees, BOEN SAS advises Customers to address their reservations as soon as possible: by email to info@boen.it

8 RIGHT OF WITHDRAWAL. SATISFIED OR REFUNDED

Product sales via the Internet are governed by law by Legislative Decree no. 206 of 06/09/2005, provides for the right to withdraw from the purchase contract for any reason by returning the purchased product and receiving the relative refund. This right is reserved exclusively for natural persons (consumers), therefore it cannot be exercised by legal persons and natural persons acting for purposes related to any professional activity carried out. The right of withdrawal cannot be exercised: if the products are used. In the event of the lack of the original packaging or other elements accompanying the product. It is not possible to exercise the withdrawal only on part of the purchased product. The right of withdrawal lapses completely if the returned product has been used. The right of withdrawal cannot be exercised for contracts of: Supply of products packaged to measure or clearly personalized. The costs of returning the product for which the right of withdrawal is to be exercised are entirely borne by the customer. To exercise the right of withdrawal, the customer must send a communication by REGISTERED MAIL with return receipt and all the purchased goods to the following address within 10 calendar days from the date of delivery of the goods: Boen SAS, Via Montenevoso, 7, 61121 Pesaro PU, Italy (EU). The communication may also be sent by telegram or fax, always within the aforementioned term of 10 days, provided that it is confirmed by registered letter with acknowledgement of receipt, sent within the following 48 hours. If the delivery of the goods has already taken place, the consumer must return them to BOEN SAS, by express courier, no later than ten working days from the date of receipt of the goods. The only costs payable by the consumer who exercises the right of withdrawal are those of shipping for the return of the goods to the sender. The purchased goods must be returned in the original packaging, complete in all its parts, including documentation and accessories supplied. As soon as BOEN SAS becomes aware of the right of withdrawal, it will indicate to the customer via email the RMA number (return authorization code) to be attached to the outside of the returned package. The original packaging must not be damaged or have writing or adhesive tape applied. It is advisable to place the original packaging in a second box and to insure the packaging for shipping, since any damage or theft is the customer's responsibility. The right of withdrawal will not be accepted if the returned goods or the original packaging are damaged or missing integral or accessory parts. BOEN SAS will consequently reject any returned unpackaged product, as well as products for which the return costs have not already been fully paid by the Customer. In this case, the goods will be returned to the sender with the shipping costs charged. If the withdrawal is exercised in accordance with the provisions of Legislative Decree no. 185 of 22.05.1999 and reported in these general conditions, BOEN SAS will refund the sums already paid by the consumer free of charge as quickly as possible and in any case within thirty days from the date of knowledge of the withdrawal, by reversing the amount charged to the Credit Card or by Bank Transfer if the customer provides the relevant bank details. Attention: If the right of withdrawal is not applicable, the collection of the goods at our headquarters will be the responsibility of the Customer.

9 WITHDRAWAL OF THE SUPPLIER

BOEN SAS, if it is unable to process the requested order due to the unavailability, even temporary, of the ordered product, has the right to withdraw from the sales agreement within 30 days from the date of the order by providing the customer with a simple motivated communication, pursuant to art. 54, paragraph 2 of Legislative Decree 206/05. In this case, the customer will only be entitled to a refund of any sum already paid.

10 WARRANTY 

All products sold by us are provided with a manufacturer's warranty, with different validity and duration depending on the type of product. The manufacturers' warranties on products sold by BOEN SAS do not cover: Abnormal or non-compliant use of the products (customers are requested to carefully consult the instruction manual attached to the product). In any case, BOEN SAS cannot be held responsible for any refusal by the manufacturer to apply the warranty for the reasons previously stated.

11 INTELLECTUAL PROPERTY

All content on the Site (illustrations, texts, descriptions, brands, images, videos) is the property of BOEN SAS, its collaborators and/or partners. All reproductions, partial or total, of the content of the site, by any process and on any medium, must be the subject of a preliminary and explicit authorization from BOEN SAS. All information, content, practices and software offered by our services are protected by Italian and international laws that govern intellectual property and copyright. BOEN SAS cannot grant permission to copy, publish and/or distribute the various contents to people who do not hold the intellectual property rights. All fraudulent uses of such contents will be considered as counterfeiting crimes and punishable by the Intellectual Property Code. BOEN SAS cannot in any case be held responsible for the violation by one or more users of the rights held by third parties and perpetrated by reason of the activities of the same on the Site.