1.1. These General Terms of on-line Business (hereinafter “GTB”) regulate the agreement (hereinafter “AGREEMENT”) for the sale of clothing and accessories exclusively marked BEPUPPY (hereinafter “PRODUCTS”) provided by BEPUPPY srl established in Via Bizzozero 18, 21100 Varese-Italy – VAT no. 03434880120 (hereinafter “BEPUPPY”), through its website store.bepuppy.com (hereinafter “SITE”) to the users of the SITE (hereinafter “CUSTOMER” or “CUSTOMERS”).
1.2. In these GTB, the terms CUSTOMER or CUSTOMERS refer to the consumer or the consumers as described in article 3, para 1, point a), of Legislative Decree no.206 of 6 September 2005 (hereinafter “CODE”), that is: “any natural person acting for purposes which are outside his/her trade, business or profession”.
2. EFFECTIVENESS AND MODIFICATION OF THE GTB
2.1. GTB are available on the SITE to be easily read by the CUSTOMER before purchasing any PRODUCT. They shall be deemed to have been accepted during the forwarding of the purchase order. They can also be printed or stored on the CUSTOMER’s computer.
2.2. The GTB applicable to the PRODUCT sale are those published on the SITE the day when the order was placed. Therefore, the CUSTOMER will have to read the GTB every time he/she wants to purchase through the SITE.
2.3. BEPUPPY’s mere tolerance or non-objection to any CUSTOMER’s failure to fulfil his/her obligations as described in the GTB, can not be interpreted as implied acceptance of such non-fulfilments, nor as the will to waive the conditions agreed between the parties.
3. PURCHASE PROCEDURE
3.1. The CUSTOMER states that he/she wants to purchase PRODUCTS by submitting his/her own details and making a request directly on the SITE. Following the purchase procedure explained on the SITE, the CUSTOMER will be able to place the electronic order via computer (hereinafter “ORDER”) and carry out payment.
3.2. The Order Form includes a recap of the main features of each item ordered, its price (including all the tax rates applicable), the payment method selected, the delivery method, the shipment and delivery charges. Before sending the ORDER, the CUSTOMER must carefully read the whole document, spot and correct possible mistakes in the data reported.
3.3. All PRODUCT purchase orders are subject to stock availability and, thus, to BEPUPPY’s confirmation. BEPUPPY will communicate the PRODUCT availability by sending the SHIPMENT CONFIRMATION by e-mail to the CUSTOMER.
3.4. In case the ORDER can not be fulfilled due to non-availability of one of the PRODUCTS, BEPUPPY will inform the CUSTOMER by e-mail and will ask him/her to confirm the purchase ORDER for the other available PRODUCTS. In any case, non-availability of one or more PRODUCTS ordered will not automatically entitle the CUSTOMER to cancel the whole ORDER.
4. BEPUPPY’S RIGHTS AND OBLIGATIONS
4.1. BEPUPPY commits itself to delivering the PRODUCTS to the address and in the terms stated by the CUSTOMER in the ORDER. BEPUPPY will not be responsible for delivery problems due to inaccuracy or incompleteness in filling out the ORDER or for the CUSTOMER’s non-traceability. The delivery is carried out by express courier, therefore we do not accept P.O. boxes.
4.2. In case of total or partial return of the PRODUCTS, BEPUPPY will refund only the amount due, as reported in the following article 9.
5. CUSTOMER’S RIGHTS AND OBLIGATIONS
5.1. The CUSTOMER is the only responsible for the truthfulness and the accuracy of the data provided to BEPUPPY when shop through the SITE.
5.2. When placing the ORDER, the CUSTOMER declares that he/she: Has read, understood and accepted the GTB and the other information reported on the SITE -including PRIVACY; is of age; has the legal capacity to act.
5.3. Once the purchase procedure is over, the CUSTOMER commits himself/herself to store an electronic copy and print a hard copy of the ORDER and the GTB for future reference, as recommended in article 2.1.
5.4. Shipments outside of the USA may incur customs fees depending on the destination country. The fee may vary depending on your order value, country limits, and other factors. The CUSTOMER is responsible for these fees. Any fees are paid to appropriate customs agency by the CUSTOMER. BEPUPPY does not take responsibility for possible fees.
6. USING THE SITE
6.1. The main PRODUCTS features are reported on the SITE in each product page. The pictures and the colours of the products on sale on the SITE may not perfectly correspond to the real ones due to the Internet browser and the display used to connect to the SITE.
6.2. BEPUPPY takes on no responsibility for problems caused to the CUSTOMER by the use of the SITE and the technology employed, as they do not depend on its will – For example: a) Errors, delays or impossibility to access to the SITE when the CUSTOMER needs to carry out the purchase procedure; b) Errors, delays or impossibility to receive BEPUPPY communications regarding the PRODUCT’s sale.
6.3. In any case, BEPUPPY commits itself, as far as it can, to solve the problems that may arise and provide the help the CUSTOMER needs to offer a fast and satisfying solution to the problems mentioned above.
7. PRICES AND PAYMENT
7.1. The prices of the PRODUCTS are those displayed on the SITE when the ORDER is placed and, unless otherwise specified, include the VAT amount. The prices displayed on the SITE for each PRODUCT do not include shipment and delivery charges. These will be added and reported before the ORDER is placed and also later, in the ORDER CONFIRMATION.
7.2. As reported in the ORDER, the total price for the purchase and the shipment will be charged to the CUSTOMER when he/she makes the payment.
8. PRODUCTS DELIVERY TO THE CUSTOMER
8.1. When the courier deliveries the PRODUCTS, the CUSTOMER will have to check: a) The quantity and type of items ordered correspond to what is reported on the transport document; b) The packaging used is intact, not damaged, wet or altered in any way even only in the closing part.
8.2. Possible anomalies must be notified immediately to BEPUPPY by using bepuppy’s contacts page.
9.1. If the products are flawed or different from those ordered (hereinafter “FLAWED PRODUCTS”), the CUSTOMER will have to notify it by e-mail to BEPUPPY attaching the SHIPMENT CONFIRMATION sent by BEPUPPY, the photo verification of FLAWED PRODUCTS and specifying the code/s of the item/s returned and the reason for the return: For “defects of the PRODUCTS”.
9.2. Any claims for FLAWED PRODUCTS must be submitted within 14 (fourteen) days after the product has been received. For packages lost in transit, all claims must be submitted no later than 14 (fourteen) days after the estimated delivery date.
9.3. If the CUSTOMER provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. The CUSTOMER will be liable for reshipment costs once BEPUPPY have confirmed an updated address with the CUSTOMER.
9.4. Shipments that go unclaimed are returned to our facility and the CUSTOMER will be liable for the cost of a reshipment.
9.5. BEPUPPY do not refund orders for CUSTOMER’s remorse.
9.6. BEPUPPY do not refund orders for size exchanges. A new order, at CUSTOMER’s expense, would need to be placed for an updated size.
9.7. All PRODUCTS are provided with internal labels and single package. In case the CUSTOMER exercises the right of return, BEPUPPY may not accept the return of FLAWED PRODUCTS if they are not provided with their internal labels, if they were not used with care, if they are damaged or their basic and qualitative features are altered in any way.
9.8. If the notification of FLAWED PRODUCTS is carried out according to the guideline and terms described in this article, BEPUPPY will confirm by e-mail the acceptance of the PRODUCTS RETURNED.
9.9. As soon as BEPUPPY receives the FLAWED PRODUCTS, it will check the defects notified and confirm by e-mail the receipt of the FLAWED PRODUCTS and the detection of the defects notified. Then, BEPUPPY will replace -at its own expenses- the FLAWED PRODUCTS with other PRODUCTS of the same model or refund through bank procedure the expenses the CUSTOMER incurred to purchase and ship the FLAWED PRODUCTS.
10. DATA PROTECTION
10.1. BEPUPPY ensures the CUSTOMER that the personal data acquired during the sale of the PRODUCTS will always be processed legally and fairly in compliance with the provisions of Legislative Decree no.196 of 30 June 2003 (hereinafter “DECREE”), in accordance with the PRIVACY published on the SITE and available for printing.
10.2. For further detail, please refer to the regulation on the processing of personal data in accordance with art. 12 of the DECREE that BEPUPPY provided to the CUSTOMER when registering on the SITE.
For any service need or complaint about the PRODUCTS purchased, the CUSTOMER can contact BEPUPPY at bepuppy’s contacts page.
12. CONTROLLING LAW AND JURISDICTION
The GTB are regulated by the Italian law and in particular by the CONSUMER CODE and Legislative Decree no.70 of 9 April 2003 regarding some features of e-commerce.