Terms of purchase

These Terms govern

  • the use of Bormioli Luigi Shop and 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.

 

Albero Group Srl

Via Siniscalchi, 27

Nocera Inferiore (SA) - 84014 - Italy

Share capital: € 10,000.00

VAT number: 05193840658

Chamber of Commerce of Salerno

Owner's email address : privacy@alberogroup.com

(The logo and domain are property of Bormioli Luigi SpA with registered office in Viale Europa, 72A - 43122 Parma - Italy - CF 08836270150 - VAT number 01612420347)

Introduction

This document

This document constitutes a legal agreement between you, as a User, and the company that manages Bormioli Luigi Shop and regulates your use of the website and, in any case, the use of the services provided. “Legal agreement” means that the terms of this agreement, once accepted by the User, are binding for the latter.

For simplicity, “User”, “you”, “your” and similar terms, whether singular or plural, refer to you, the User. “We”, “our” and similar terms refer to the company that owns and operates Bormioli Luigi Shop. “Bormioli Luigi Shop” refers to this site and/or application. “Agreement” refers to this 2 document, as amended from time to time. The Agreement is concluded in the Italian language. Other definitions can be found in the “Definitions” section at the bottom of this Agreement.

 

Acceptance of the Contract

In order to use Bormioli Luigi Shop, you must carefully read and accept the Contract by clicking on the specific acceptance button.

If you do not accept the Agreement, you may not use the Service.

Registration, content of Bormioli Luigi Shop and prohibited use

 

Registration

In order to use the Service or part of it, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions.

The User is responsible for safeguarding and maintaining confidentiality of his/her access credentials.

When registering on the relevant form made available by Bormioli Luigi Shop, the user must indicate an email address that, with the acceptance of the conditions contained in this contract, agrees to indicate, expressly, as their digital domicile where to receive all communications, both informative and judicial, that will be notified by Bormioli Luigi Shop.

It is understood that in no case may the Owner be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

 

Account Deletion and Closing of User Accounts

 

Registered Users may deactivate their accounts, request their cancellation or stop using the Service at any time, through the Bormioli Luigi Shop interface or by contacting the Owner directly.

The Owner, in the event of violation of these Terms, reserves the right to suspend or close the User's account at any time and without notice.

The Owner reserves the right to suspend or cancel the User's account at any time and without notice if it believes that:

  • the User has violated the Agreement;

  • access to or use of the Service may cause harm to the Owner, other Users or third parties;

  • the use of Bormioli Luigi Shop by the User may result in a violation of applicable law or regulations;

  • in the event of investigations conducted as a result of legal actions or for the involvement of public authorities;

  • the account is deemed by the Owner, in its sole discretion and for any reason, to be inappropriate or offensive or in violation of the Agreement or not in line with the Owner's standards.

 

Contents available on Bormioli Luigi Shop

The contents available on Bormioli Luigi Shop are protected by copyright law and other international laws and treaties for the protection of intellectual property rights and, unless otherwise specified, their use is permitted to Users exclusively within the limits specified in this clause.

The Owner grants the User, for the entire duration of the Contract, a personal, non-transferable and non-exclusive license, for exclusively personal and never commercial purposes and limited to the device in use by the User for the use of such contents.

Therefore, the User is expressly prohibited from copying and/or downloading and/or sharing (except within the limits illustrated below), modifying, publishing, transmitting, selling, sublicensing, processing, transferring/assigning to third parties or creating derivative works in any way from the contents, including those of third parties, available on Bormioli Luigi Shop, nor from allowing third parties to do so through the User or his/her device, even without his/her knowledge.

Where expressly indicated on Bormioli Luigi Shop, the User, for personal use only, may be authorised to download and/or copy and/or share some content made available on Bormioli Luigi Shop, provided that all copyright indications and other indications provided by the Owner are faithfully reported.

 

Content provided by third parties

The Owner does not carry out any preventive moderation on the contents or links provided by third parties shown on Bormioli Luigi Shop.

The Owner is not responsible for such contents and their accessibility.

 

Services provided by third parties

Users may use services or contents included in Bormioli Luigi Shop provided by third parties, but must first have read the terms and conditions of such third parties and accepted them.

Under no circumstances may the Owner be held liable in relation to the correct functioning or availability, or both, of services provided by third parties.

 

Unauthorized use

The Service shall be used in accordance with the Terms.

Users may not:

  • reverse engineer, decompile, disassemble, modify, or create derivative works based on Bormioli Luigi Shop or any portion of it;

  • circumvent any technology used by Bormioli Luigi Shop or its licensors to protect the content accessible through it;

  • copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Bormioli Luigi Shop;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device, process or means to access, retrieve, scrape, or index any portion of Bormioli Luigi Shop or any Content;

  • rent, license or sublicense Bormioli Luigi Shop;

  • defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others;

  • disseminate or publish any illegal, obscene, illegitimate, defamatory or inappropriate content;

  • unlawfully appropriate the account in use by another User;

  • register or use the Service in order to approach Users to promote, sell or advertise in any way products or services of any kind through Bormioli Luigi Shop;

  • use Bormioli Luigi Shop in any other improper manner that violates the Terms.

 

 

Terms of sale

 

Purchase

Paid services

Bormioli Luigi Shop offers some subscriptions or paid services.

The fees, duration and conditions of the accounts and paid services are indicated in the relevant section of Bormioli Luigi Shop.

 

Purchase procedure

Each order sent constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance by the Owner. The User must select the products and complete the checkout, after carefully checking the information contained in the order summary. The order is placed by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form. The Order Processing Receipt does not constitute acceptance of the order.

The conclusion of the contract occurs when the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, communicating to the User within 5 working days from the insertion of the order, to the email address associated with his purchase, the possible unavailability of one or more of the purchased products. In this case, the Owner will refund the price and shipping costs incurred by the User.

In the event of prices indicated in the amount of "0 euros" or, in an amount clearly incorrect with respect to the real market value of the goods being sold, the User, by accepting the conditions contained in this contract, expressly authorizes the Owner to rectify the amount of the goods being sold, which will be promptly communicated to the Customer by means of a specific communication notification to the email address indicated by the latter as the digital address at the time of registration on Bormioli Luigi Shop.

 

Payment Methods

Bormioli Luigi Shop uses third-party tools for payment processing and does not in any way come into contact with payment data – such as credit card data – provided.

Any costs incurred in managing payments made by the User that are not accepted will be charged to the User.

Bormioli Luigi Shop, for orders between Euro 250.00 and Euro 999.00 only, also accepts cash on delivery payment methods.

If you buy with Scalapay you receive your order immediately and pay in 3 installments . You acknowledge that the installments will be assigned to Incremento SPV Srl , to related parties and their assignees, and that you authorize such assignment.

 

Billing

Bormioli Luigi Shop allows you to obtain an electronic invoice for orders from individuals or legal entities by entering your VAT number, which will be validated through the verification service made available by the Revenue Agency.

If the VAT number is found to be invalid, it will be in the customer's interest to correct this information, which must occur within 12 days of the order being validated, after which it will no longer be possible for alberoshop to issue an invoice.

 

Shipping & Delivery

Shipping

Shipping costs are calculated based on the area to be served, the amount of the cart and the weight of the goods ordered. Some items have free shipping, if they were particularly heavy items, the shipping cost would be zero, but you would have to pay the supplement related to the weight.

The costs are intended for the areas of Italy served in a normal manner, for all disadvantaged areas and for the islands the shipping prices and the weight supplements, could be subject to increases.

By accepting the conditions indicated in this contract, the User also accepts any changes, both increases and decreases, in shipping costs that may occur in the case of deliveries to remote areas and islands, where this is necessary to ensure greater speed and punctuality of delivery.

It is also specified that by signing this contract, the User waives any form of complaint and/or action to be exercised against Bormioli Luigi Shop for delays in delivery attributable, exclusively, to the absence of the User at the place of delivery at the time of delivery or, to hypothetical delays of the carrier delegated to deliver the goods being sold.

 

Delivery and returns

Deliveries are made during normal working hours to the address expressly indicated by the User at the time of subscription and according to the methods specified in the order summary.

The User is required, at the time of signing this contract, to indicate any street numbers, reference points or particular signs (for example: commercial signs) with which to proceed with the delivery of the goods ordered.

In the absence of such specific indications, the User will absolutely not be able to take action against Bormioli Luigi Shop for the case of delay and/or failure to deliver the goods ordered; furthermore, in such circumstances, the User will be the only party obligated to pay the costs of storage of the goods at the storage sites of the carriers responsible for delivering the purchased products.

It is specified, in any case, that Bormioli Luigi Shop cannot be held responsible for delays with respect to the delivery times indicated in the "Order delivery forecast" form at the time of signing the order itself and that, for these reasons, the User, in these cases, must address any complaints and/or actions directly against the carrier responsible for the delivery.

 

The User will also have the obligation to bear, personally and exclusively, any costs relating to the storage of the goods being sold at the carrier's storage sites in the event of non-delivery.

Upon delivery, the User must check the contents, specifying any anomalies on the delivery form.

In case of failure to collect within the deadline established by the carrier, the products will be returned to the Owner, who will refund the price of the products, but not the shipping cost.

In the event of incorrect indication of the methods and/or places and/or times of delivery or, in the event of unjustified refusal by the User of the delivery itself, the latter will have the obligation to pay the shipping costs incurred by Bormioli Luigi Shop, without prejudice to the right of the latter to request payment of the price of the goods sold in the event of their total and/or partial damage.

The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may occur to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.

In the event that the User wishes to return the products purchased and delivered to him, he must do so by filling out the appropriate online form prepared by Bormioli Luigi Shop; in this case, following the return of the returned goods, Bormioli Luigi Shop, after having verified the correspondence and integrity of the returned goods, will reimburse the User for the costs of the product only, with the latter being responsible for the costs relating to shipping and any storage costs, as well as all other additional costs that may be necessary and/or consequent to the return procedure.

 

Right of withdrawal and guarantee

Right of withdrawal

In case of purchase of products or services on Bormioli Luigi Shop, the User has the right to withdraw from the contract without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw by means of an explicit declaration sent to the contacts indicated. To this end, you can use the model for exercising the right of withdrawal reported in the "definitions" section of this document. The User is also free to express his choice to withdraw from the contract in any other equivalent form.

 

Effects of withdrawal

If the User withdraws from this contract, all payments made to the Owner will be refunded, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from this contract.

Such refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User will not have to bear any costs as a consequence of such refund.

The refund may be suspended until the goods are received or until the User has demonstrated that he has sent back the goods, whichever is earlier.

The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is respected if the User returns the goods before the expiry of the 14-day period. The costs of returning the goods will be paid in advance by the User, but will be reimbursed by the Owner in the manner and within the limits indicated above at the expense of the User.

The User is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Limitations on the right of withdrawal

Returned products that are damaged or used in a manner other than that strictly necessary to establish their nature, characteristics and functioning will be refunded after deduction of the decrease in value resulting from the damage or use. Refund is excluded when the decrease in value is total.

The User is requested to include a copy of the delivery document received inside the package.

The right of withdrawal is in any case excluded in relation to:

  • goods made to measure or clearly personalized;

  • the supply of goods which are liable to deteriorate or expire rapidly;

  • the supply of sealed goods which are not suitable for return for hygiene or health protection reasons and have been opened after delivery.

If one of the above exceptions is applicable to the goods purchased by the User, the latter will not be able to exercise the right of withdrawal.

 

Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who can be classified as a consumer, i.e. the User who acts for purposes outside of his/her entrepreneurial and professional activity.

 

Warranty

The User who purchases as a consumer has the right to a guarantee of conformity of the products and services purchased within 24 months of purchase provided that notification is given within 2 months of their discovery.

To exercise the right of guarantee, the User is required to contact the Owner at the contact information contained in this document, providing an accurate description of the defect found.

If the lack of conformity of the product is ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.

The User also has the right to request from the Owner an appropriate reduction in the price or the termination of the contract in the following cases:

  • if repair and replacement are impossible or excessively expensive;

  • if the Owner has not repaired or replaced the goods within a reasonable period of time, in any case not less than 15 days;

  • if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is still required to return the defective products.

 

Indemnity and Limitation of Liability

Indemnity

The User undertakes to indemnify the Owner (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend itself in court, which may arise from damage caused to other Users or third parties, in relation to the content uploaded online, to the violation of the law or the terms of these conditions of service.

 

Limitations of liability

Bormioli Luigi Shop and all the functions accessible through Bormioli Luigi Shop are made available to Users, under the terms and conditions of the Contract, without any guarantee, explicit or implicit, that is not required by law. In particular, no guarantee is provided of suitability of the services offered for the particular purposes intended by the User. The use of Bormioli Luigi Shop and the functions accessible through Bormioli Luigi Shop is carried out by Users at their own risk and under their own responsibility.

In particular, the Owner, within the limits of applicable law, is liable for damages of a contractual and extra-contractual nature towards Users and third parties exclusively in the event of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the activity of Bormioli Luigi Shop.

Therefore, the Owner will not be responsible for:

  • any losses which are not a direct consequence of the breach of the Contract by the Owner;

  • any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

  • damages or losses resulting from interruptions or malfunctions of Bormioli Luigi Shop due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Owner such as, by way of example and not limited to, failures or interruptions to telephone or electrical lines, the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications.

  • incorrect or unsuitable use of Bormioli Luigi Shop by Users or third parties.

 

Common provisions

Service Interruption

To ensure Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system update needs, informing Users through constant updates on the Bormioli Luigi Shop.

 

Reselling the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Bormioli Luigi Shop and its Services without the prior written permission of the Owner, granted directly or through a specific resale program.

The Owner may tolerate forms of resale carried out on a personal (one to one) and limited basis; any form of mass resale is expressly excluded.

 

Privacy policy

For information on the use of personal data, Users must refer to the privacy policy of Bormioli Luigi Shop, which is considered part of these Terms.

 

Intellectual Property Rights

All trademarks of the Application, figurative or nominal, and all other signs, trade names, service marks, word marks, illustrations, images, logos that appear concerning Bormioli Luigi Shop are and remain the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos regarding third parties and the contents published by such third parties on Bormioli Luigi Shop are and remain the exclusive property or availability of such third parties and their licensees and are protected by the laws in force on trademarks and by the relevant international treaties. The Owner does not own such intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

 

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing them within Bormioli Luigi Shop.

The User who continues to use Bormioli Luigi Shop after the publication of the changes accepts the new Terms without reservation.

 

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any of the rights or obligations arising from the Terms, provided that the User's rights under these Terms are not affected.

You may not assign or transfer in any way your rights or obligations under the Terms without the written permission of the Owner.

 

Communications

All communications relating to Bormioli Luigi Shop must be sent using the contact information indicated in the Contract.

 

Ineffectiveness and partial nullity

If any provision of the Terms is held to be void, invalid or unenforceable, that provision will be deleted and the remaining provisions will not be affected and will remain in full force and effect.

 

Applicable law and competent court

These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner has its registered office. The exclusive jurisdiction of the consumer is an exception, if the law so provides.

 

 

Dispute Resolution

Online dispute resolution for consumers

The consumer residing in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool.

This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online.

Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link .

The Owner is available to answer any questions sent via email to the email address published in this document.

 

Online dispute resolution for consumers (ODR)

Pursuant to and for the purposes of art. 14 of EU regulation no. 524/2013, consumers residing in the member states of the European Union are hereby informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the Online Dispute Resolution ( ODR ) procedure, provided by the European Commission, and reachable at the following link: https://webgate.ec.europa.eu/odr/ .

In compliance with the provisions of the aforementioned legislation, we also inform you that it is possible to contact us via the dedicated page reachable at the following link https://www.alberoshop.it/contatti/

 

Definitions and legal references

 

Bormioli Luigi Shop (or this Application)

The structure that enables the provision of the Service.

 

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

 

Withdrawal

Implementable through express request of the User, given the conditions above; It may be implementable through a request forwarded to the assistance center via email, chat, social media or the "RMA" form on the alberoshop.it platform.

 

Order Confirmation

Indicates the email that the Owner sends when the products are shipped to confirm the

shipping of all or part of the products purchased.

 

Owner (or We)

Indicates the natural or legal person who provides Bormioli Luigi Shop and/or offers the Service to Users.

 

Service

The service offered through Bormioli Luigi Shop as described in the Terms and on Bormioli Luigi Shop.

 

Terms

All conditions applicable to the use of Bormioli Luigi Shop and/or the provision of the Service as

described in this document as well as in any other document or agreement linked to it,

in the most updated version respectively.

 

User (or You)

Indicates any natural person who uses Bormioli Luigi Shop.

 

Order Processing Receipt

Indicates the email that the Owner sends upon receipt of the order.