Terms and conditions

Seller identification
The goods covered by these general conditions are offered for sale by LA.NIC di Carlotta Niccolo, with registered office in Milan Via Archimede 73A – 20129 Milan, email carlotta.niccolo@pec.it, registered with the Milan Chamber of Commerce under no. MI-2576658 of the Business Register, tax code NCCCLT81E64A859L, VAT number 11063030966 hereinafter referred to as “Seller”.

 

1. Definitions
1.1 The term “online sales contract” or “contract” means the sales contract relating to the tangible movable property of the Seller, stipulated between them and the Purchaser in the context of a remote sales system via telematic tools, organized by the Seller.

1.2 The term “Buyer” means the natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.3 The term “Seller” means the person as identified above or the person who sells the goods through the website indicated in the following article.

2. Object of the contract
2.1 With this contract, the Seller sells and the Purchaser remotely purchases, via telematic tools, the tangible movable property presented and offered for sale on the website www.btan.it and in other connected subdomains.

2.2. The products referred to in the previous point are shown, with specific and detailed indication of their characteristics, in the dedicated section within the web portal accessible at: https://www.btan.it/it/prodotti/ and in others connected subdomains.

3. Methods of stipulating the contract and acceptance of the general conditions
3.1 The contract between the Seller and the Buyer is concluded exclusively through the Internet in remote electronic mode, by accessing the Buyer at the web address www.btan.it and in other connected subdomains, where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article. The Buyer is aware that in order to access the website www.btan.it it is necessary to have an Internet connection, the costs of which are borne by the Buyer according to the terms established by its connectivity vendor.

3.2 These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will communicate them through the pages of the Website www.btan.it and such updates / changes and / or additions will be effective for future purchases.

3.3 These general conditions of sale must be examined “online” by the Buyer, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their full acceptance.

3.4 The acceptance of the conditions of sale must be expressed through the timely completion of the registration form by the Buyer – whose personal data are processed in the manner indicated in the Information on the processing of personal data following acceptance of the “Terms and conditions of sale “and the sending of the purchase form filled in by the system after the insertion of the selected products in the electronic cart. Before the final sending of the order, the Purchaser will be invited to check the contents of the cart, with a summary of the same in which the details of the orderer and of the order are shown, the price of the selected goods, any shipping costs and any additional accessory charges, payment methods and terms, the address where the goods will be delivered, and taking charge of the order. Once the delivery address has been confirmed, in the appropriate pop-up, it will not be possible to change it.

3.5 The Buyer, by confirming the Order by clicking on “Complete the order”, declares to have knowingly accepted the contents and conditions of the Order in question and, in particular, these General Conditions of Sale, prices, volumes , the characteristics, quantities and delivery times of the products offered for sale and ordered by the Purchaser, as well as the payment conditions, declaring to have read and accepting all the information provided by him pursuant to the aforementioned rules, also acknowledging that the Seller does not consider itself bound to different conditions unless previously agreed in writing.

3.6 When the Seller receives the order from the Buyer, he sends an e-mail confirming receipt of the order or the display of a web page confirming and summary of the order itself, in which they are also reported the data referred to in point 3.4. The confirmation email therefore indicates: the order number, the products purchased and the address of delivery, in addition to other information relating to the order being processed.

4. Methods of purchase and sale prices
4.1 The products, prices and conditions of sale on the Site – within the limits of their availability – do not constitute an offer to the public for the consumer; therefore, they must always be considered indicative and subject to express confirmation by e-mail from the Seller after payment, which constitutes acceptance of the purchase order.

4.2 The prices of the products offered for sale on the website www.btan.it and in other related subdomains are indicated in Euros and are the prices in effect at the time the Order is placed by the Buyer. The Seller may change the selling prices of the products at any time and without notice. This change will in any case be reported to the Buyer before sending any Order.

4.3 Product prices include VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and the destination selected by the Buyer at the time of placing the Order and are displayed in the Order Summary before the Buyer’s request for confirmation of the Order. Please refer to art. 9 of these general conditions of sale.

4.5 Receipt of the order does not bind the Seller until the same has sent the confirmation email of payment with indication of the order number as indicated in point 3.6.

4.6 The Buyer expressly attributes to the Seller the right to accept, even partially, the order placed (for example in the event that all the products ordered are not available). In this case, the contract will be considered completed in relation to the goods actually sold.

4.7 By accepting these contractual conditions, the Buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity exercised.

5. Conclusion of the contract
5.1 The Contract stipulated through the Site is considered concluded when the Purchaser receives, via e-mail, the formal confirmation of the order, with a communication (“E-mail Confirmation of Order Processing”). ends in the place where the Seller’s registered office is located.

5.2 The order can no longer be canceled when, whatever the payment method, the “complete order” button has been clicked in step 3 of the Order. After this phase, you can only proceed with the return once the package has been received in the manner indicated in point 14.

6. Delivery times and methods for purchases made within www.btan.it or in other connected subdomains
6.1 The Seller will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 3.6.

6.2 Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from the confirmation of the order, as required by current legislation. In the event that the Seller is unable, for whatever reason, to ship within this period, it will promptly notify the Buyer by e-mail sent to the address provided by the latter during the purchase process.

6.3 At the time of delivery, the Purchaser is required to verify that: the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped;
the packaging is intact and not altered even in the closing tapes if present. If the goods received do not correspond to the order placed or there are no ordered products, the Buyer must report this discrepancy within 3 (three) days of receipt of the package by contacting the Seller directly by filling in the appropriate customer service form (https: //www.btan.it/it/contatti/). The Seller may request appropriate descriptions and evidence to prove the discrepancy (eg photographs) and positively verify the Customer if it detects that the discrepancy is real and not attributable to the Customer himself. A partial return can also be made that only concerns the products sent incorrectly, as long as they are intact and with the relative seals. If the Buyer requests the return of the product sent incorrectly and the shipment of the correct one and the latter is not currently available, the Seller will proceed with the refund and the shipping costs will be borne by the Seller.

6.4 In the event that the delivered goods show any damage presumably caused by transport, the Buyer must refuse the delivery and immediately notify the Seller, who will make the necessary complaints to the shipper, providing a new shipment once the return of the disputed goods has been received.

6.5 In the event that the Purchaser still decides to accept the goods for delivery, despite the packaging being damaged and / or tampered with, in order to safeguard his rights he must contest the unsuitability of the package to the courier, writing “RESERVE OF CONTROL OF GOODS DUE TO… ”(indicating the reason behind the reserve in question) on the delivery document, of which he must keep a copy, and then proceed to make an immediate report to the Seller.

7. Prices and Payments
7.1. All product sales prices are indicated on the web address www.btan.it/store or other page available within the website and are expressed in Euros.

7.2 The sale prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the Buyer places the order and contained in the summary web page of the order, as well as in the summary e-mail sent following the conclusion of the purchase procedure.

7.3 The Buyer guarantees the Seller that he has the necessary authorizations to use the payment method chosen for his Order at the time the Order is sent. Payment methods available: Credit cards; PostePay; Scalapay; PayPal account; Amazon Pay; ApplePay; Klarna; Satispay

7.6 All Orders are payable in Euros, taxes and compulsory contributions included. Any bank charges will be the sole responsibility of the Buyer (even in the event of a refund).

7.7 The ownership of the products ordered will remain with the Seller until the entire amount of the Order, including shipping costs, taxes and other mandatory contributions (where applicable) are fully paid by the Buyer. All orders, before being processed, are subjected to authenticity checks directly by the relative credit card issuers, to protect the customer. If, for any reason, it is not possible to debit the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 of the Italian Civil Code The Customer will be informed by automatic e-mail communication.

7.8 Communications relating to payment and the data communicated by the Customer when this is done take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.

8. Product Availability
8.1 The Seller ensures, through the electronic system used, the processing and fulfillment of orders without delay. For this purpose, it indicates with the fastest possible updates, in its electronic catalog, the products available and those not available, as well as an estimate of order acceptance.

8.2 Should an order exceed the available quantity, the goods not available at the time of the order will be automatically deleted from the cart.

8.3 The Seller’s computer system will confirm, as soon as possible, the registration of the order by sending the Buyer a summary e-mail, pursuant to point 3.6.

8.5 Regardless of the availability of the products, for each purchase slot the single Customer cannot order more than 10 pieces for each single product.

9. Orders from Switzerland
9.1 With regard to the Order from Customers residing in Switzerland, the prices in the cart will be expressed in € as long as the Customer selects Switzerland as the shipping country in the order summary, only then will the currency change to Chf. In the cart, the subtotal of the order is expressed in €, with the item of VAT expressed in chf + shipping costs € 25 + customs clearance charges € 28. The total to be paid will be expressed in € and the conversion in Chf will be displayed.

9.2 After selecting a Swiss delivery address, the payment methods that can be selected after choosing the Swiss address will be: credit card and PayPal. The minimum order cost must be equal to or greater than € 150.00.

9.4 For the withdrawal of Orders shipped to Switzerland, € 50.00 will be deducted from the refund as a flat-rate reimbursement of customs and shipping costs. Euro 50.00 will always be deducted in the event of failure to collect the package in the cases referred to in Article 16.

9.5 Please refer to the other contractual clauses for anything not expressly indicated in this paragraph.

10. Responsibility of the Seller
10.1 The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances.

10.2 The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for services or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors.

10.3 In the event of inefficiencies related to the carrier, the Buyer must send a report to the Seller who will proceed to the appropriate contacts with the Transporter. In case of loss of the package or other eventualities that cause non-delivery or incorrect delivery, the Seller, in agreement with the Buyer, will refund the order.

10.4 The Seller assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.

11. Guarantees and methods of assistance
11.1 The Seller is liable for any lack of conformity that occurs upon delivery of the goods.

11.2 The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 days of delivery of the goods.

11.4 In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased good or the termination of this contract, unless the request is objectively impossible to satisfy or is for the Seller, excessively burdensome. Products that show clear signs of tampering or failures caused by their improper use or by external agents not attributable to defects and / or manufacturing defects are not covered by the warranty.

11.5 The request must be received in writing, through the customer service form to the Seller (https://www.btan.it/it/contatti/); in the report it is advisable to describe the defect, including through photographs and videos as well as indicate the date of discovery of the defect itself. The Seller will find out to the Buyer – if he is available to proceed with the request – or the reasons that prevent him from doing so – within 7 (seven) working days of receipt. In the same communication, where the Seller has accepted the Buyer’s request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.

12. Obligations of the Seller for defective products, proof of damage and compensable damages
12.1 The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

12.2 No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. Likewise, defects that arise from bad and / or incorrect use of the purchased goods, from external causes (eg bumps, falls, etc.), from carelessness and improper use are not attributable to the Seller’s responsibility.

12.3 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage, including through descriptions, photographs and means available to the injured party.

13. Obligations of the Buyer
13.1 The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in this contract.

13.2 The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract received by e-mail attached to the purchase order confirmation.

13.3 The information contained in this contract has, however, already been viewed and accepted by the Buyer – who acknowledges it – before confirming the purchase, through electronic procedures.

14. Right of withdrawal
14.1 According to the provisions of the Consumer Code, the Purchaser may, within 14 (fourteen) working days from the date of receipt of the package containing the ordered goods, withdraw from the purchase contract by returning the goods received in their original packaging, without tamper with any warranty seal or simply open and / or damage the outer packaging itself. Here the instructions: https://www.btan.it/it/resi-e-recessi/.

14.2 The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided for by art. 59 of the Consumer Code. In particular, the right of withdrawal is excluded for goods sold “made to measure” and in the event that the sales performance concerns the supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and were opened after delivery (Article 59 letter e) of the Consumer Code.

14.3 Pursuant to Article 67, paragraph 3 of the Italian Consumer Code, the return costs will be borne exclusively by the Buyer.

14.4 We also remind you that packages sent at the expense of the recipient will not be accepted.

14.5 The Seller will refund the customer the full amount already paid for the product within 14 days of receipt of the return form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until it has received the goods or until the Buyer has demonstrated that he has sent the goods back.

14.6 For orders of less than € 50.00, € 4.00 will not be refunded as shipping costs. In addition, if gadgets and free products were included in the Order, including “free samples”, if they are not returned, € 5.00 will be deducted from the refund.

14.6 The Purchaser and / or the recipient of the Order must necessarily complete the return form duly completed and signed as indicated.

14.7 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in conditions that can be put back on the market (the causes are mentioned of exclusion referred to in point 14.2.) If the returned products do not have the above characteristics, the return will not be accepted and the package will be sent back to the Buyer.

14.8 The return of products after the legal term established for withdrawal and contractual cancellation will not be accepted.

14.9 The Consumer who exercises the right of withdrawal in accordance with the provisions will be reimbursed the sums already paid no later than 30 days from the date on which the Seller (or the service provider) became aware of the exercise of the right of withdrawal. by the Consumer.

15. Termination of the contract
15.1 If one Party is in default against the other with regard to any of the obligations under this contract, the other Party may request its termination pursuant to art. 1453 of the Italian Civil Code et seq., without prejudice in any case to the right to compensation for damage.

15.2 Pursuant to art. 1456 of the Italian Civil Code, the party intending to make use of the resolution will notify the counterparty by sending a registered letter with return receipt or certified e-mail (certified e-mail), indicating the reason; the effects of the termination run from the date of receipt of the notice of termination resulting from the receipt returned to the resolving Party and the Purchaser will only be entitled to a refund of any sum already paid.

16. Failure to collect the package – termination of the contract
16.1 Given that the collection of the product is a specific obligation of the Customer, at the time the Order is awarded to the selected courier, the Seller will send a specific email with which it will inform the Buyer of the upcoming delivery, also through the shipping link. The status of the order placed and the tracking link are always available even by accessing your personal area.

16.2 The courier will make a first delivery attempt on the date indicated by the tracking, in case of non-delivery it will proceed to a second attempt, unless there is a need for corrections and changes to the address for which the Buyer must take action.

16.3 Once the second attempt has been made with a negative outcome for delivery, the package will be in storage with the Courier within the term established and indicated by the tracking page itself. According to the Courier, the stock can be unlocked either by contacting him directly or by contacting the Seller’s Customer Service.

16.4 Once the storage period has expired, the Order is returned to the Seller and the same will inform the Buyer that he can request the shipment again at his expense no later than 5 days from receipt of the communication.

16.6 Where the Seller is not in a position to be able to return the price paid due to incompatibility of the payment method used for the purchase with an automatic credit, he will ask the Buyer to indicate the bank details on which he wishes to receive the refund. After ten days without receiving feedback, the Seller will issue a purchase voucher equal to the value of the price to be refunded and will send it to the Buyer’s contact addresses. With the issuance of the voucher, the Buyer will have nothing else to expect from the Seller.

17. Protection of the confidentiality and processing of the Buyer’s data
17.1 The Seller protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the relevant legislation of privacy referred to in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.

17.2 The personal and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and in the manner provided for by the site’s Privacy Policy and specific information.

18. Communications and complaints – ODR platform
18.1 Written communications directed to the Seller and any complaints will be examined only if sent through the “Send a request” channel, available at the link https://assistenza.btan.it The Buyer undertakes to indicate in the registration form to the website his / her residence or domicile, the telephone number and the e-mail address to which he wishes the Seller’s communications to be sent.

18.2 Pursuant to art. 14 of the European Regulation 524/2013, the Seller informs the Buyer that in the event of a dispute, he or she may file a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link https: //ec.europa. eu / consumers / odr /. The Seller, however, invites the Buyer to use the “Send a request” channel available at the link https://assistenza.btan.it to resolve any type of issue directly.

19. Applicable law and competent court
19.1 This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of the place where the Buyer, as a consumer, has his residence, will be competent.

19.2 If any of the provisions contained in this online sales contract is considered invalid, void or unenforceable for any reason, this provision will be deemed separate and will not affect the validity and applicability of the other provisions.

 

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