Terms and Conditions
Welcome to BASEBLU’s official web store, one of the main online retailers of luxury fashion.
Our legal head quarter is in Piazza Podestà 2, - 21100 Varese Italy, phone: +39 0332 241 288, Share Capital € 540.000,00 i.v / C.F./P.IVA/Business register 02675190132 N. REA VA-0281657.
The access and the use of this e-commerce web site www.baseblu.com (from now on referred to as the “Website”), as well as the purchase of products from the company Base Blu S.R.L. (from now on referred to as the “Seller”) presuppose having read, knowing and accepting the following General Conditions of Sale.
The present General Conditions of Sale will apply when a purchase of products will be made through the Website by users qualifying as “Clients” and the Seller and are governed by online sales agreements Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree no. 70/2003.
GENERAL CONDITIONS OF SALE
The following General Conditions of Sale regulate all sale contracts finalized between the Seller and the Client through the Website.
Every purchase is regulated by the General Conditions of Sale in the version published on the Website at the time of the order by the Client.
The Client is required to view the following General Conditions of Sale and accept them, in particular the pre-contractual information, before confirming the order.
When transmitting an order, the Customer accepts that the confirmation of the information about the order and these Terms and Conditions of Sale are sent via e-mail to the address stated when signing in on the Website, or during the purchasing process.
In order to purchase through the Website, the Customer must have the legal age (18 years).
Any costs for the Internet connection to the Website, including the telephone, are the sole responsibility of the customer according to the rates applied by the operator selected by the customer.
The Customer, prior to the conclusion of the purchase contract, examines the features of the goods that are described in the individual product data sheets at the time of selection by the customer.
Prior to the conclusion of the purchase contract and before the confirmation of the order with "payment obligation", the customer is informed regarding:
- Total price of the goods inclusive of taxes, with details of postage and any other costs;
- Mode of payment;
- The period within which the seller agrees to deliver the goods;
- Terms, conditions and procedures for exercising the right of withdrawal;
- The existence of the legal guarantee for goods purchased;
- Terms of after-sales service and commercial warranties provided by the Seller.
The Customer may at any time before the conclusion of the contract, take note of information concerning BASEBLU, geographical address, phone number, email address, information that is reported, including the following:
BASEBLU S.r.l. Piazza Podestà 2, Varese Italy (phone: +39 0332 241 288; customercare@baseblu.com C.F./P.IVA/ Business register 02675190132 N. REA VA-0281657)
FEATURES OF PRODUCTS eatures of products and their availability in different geographical areas
Products are sold with the characteristics described on the Website and in accordance with the terms and conditions of sale posted on the Website at the time of the order by the Customer, to the exclusion of any other term or condition.
The Seller reserves the right to change these terms and conditions of sale at any time at its sole discretion, without providing prior notice to Users of the Website. Any changes will be effective from the date of publishing on the website and will apply only to sales concluded on or after that date.
Prices, products for sale on the Site and their characteristics, are subject to change without notice. Before sending the purchase order, the customer is asked to verify the final sale price.
Site users can access all over the world, and the Website may contain references to products that are not available or can not be purchased in the country of the visitor to the Site.
The Products purchased on the Website are available only to users who, in the section of the website dedicated specifically, require the delivery in one of the countries that are listed on the site.
Completion of contract
The offers on www.baseblu.com are not binding on the Seller and do not constitute an offer to the public, but simple “invitatio ad offerendum”.
The order of the customer has the value of a binding contract. The order is accepted by the Seller with a receipt sent via e-mail, which contains a list of the conditions of sale, a description of the product features, the essential elements of the contract (price, mode of payment).
The Products displayed on the Website are purchased by selecting them and by inserting them into the cart. Once the Client has selected the Products and wants to purchase those placed in the cart, the customer will be asked to provide the data required in order to allow the completion of the Contract. In particular, the Customer will be required to provide their personal details: e-mail address, address for the delivery of the Products, billing address, tax code/ fiscal code and a telephone number where the customer can be contacted in order to inform him of the possible date of delivery of the Products. If the customer opts for the mode of payment by credit card, he will be required to communicate the details of the credit card via secure connection. For accounting and administrative purposes the Seller reserves the right to verify the details given by the customer. In case of payment by credit card, the purchase amount will be charged to the customer after the order is completed on the site. The Customer may pay for the Products ordered through one of the payment methods indicated on the Website.
Under art. 51 of the Consumer Code, we inform the customer that the order entails the obligation to pay.
Payment
The Customer expressly agrees that the execution of the Contract by the Seller shall start at the date the money transfer is received on the Seller’s bank account.
The prices of the Products indicated on the Website include all applicable taxes and fees. The prices of the Products, on the other hand, do not include shipping and delivery costs which will be indicated at the beginning of the Product purchase procedure.
The prices of the Products may be subject to variations. The Customer, therefore, should check the final sale price before sending the relative order form.
The payment methods can be found on the Payments Methods page of the Website, as well as indicated in the single purchase order form, and they are an integral part of the General Sales Conditions.
The purchase price of the Products and the shipping costs, as indicated in the order form, will be charged after the Customer has sent the purchase order and before the Products are shipped by the Seller.
If the payment is by credit card, the financial information (such as credit/debit card number and expiry date) will be sent by cryptographic protocol to banks or companies that supply the electronic remote payment without third party access to it. This information will never be used by the Seller except for completing the purchase procedures or for reimbursement in the case where the Products are returned, after the right of withdrawal have been implemented, or if it is necessary to prevent or inform the police about fraud on the Website.
If the Product is delivered to a country belonging to the European Union, no customs clearance costs, such as import taxes and/or duties, should be due.
However, in the case of delivery to a country not belonging to the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product in the country of delivery. Customs clearance costs cannot be foreseen in advance by the Seller and are, in any case, entirely borne by the Customer.
For further information, the Customer can contact the customs office of the country of delivery of the Product.
Guarantee
Under the European Directive 44/99/EC and the Italian Legislative Decree n. 206/2005 (Consumer Code) and the rules and regulations referred to in Articles 128, 129, 130, 131, 132, 133, 134, 135 and subsequent amendments to the Decree. 206/2005, under which the Seller guarantees to the Customer, who qualifies as a “Consumer”, that the Products will be free from defects in design and material and conform to the descriptions posted on the Site. The application of any guarantee does not apply in case the use or the cleaning of the product does not comply with the instructions and warnings provided by the Seller and/or in the description on the tags or labels.
The Customer will examine the products in the shortest possible time and will send to the Seller, by e-mail or registered mail, an explicit complaint with an indication of the defect and/or non-compliances identified, and the relevant documentation as indicated in the return form (at least one photograph of the product, the order confirmation sent by the Seller and the receipt).
Following the receipt of the form and accompanying documentation, the Seller will assess the defects or non-compliance reported by the customer and, after making quality checks to verify the non-conformity of the Product, will, at their discretion, decide whether to authorize the return of the Product by the Customer, contacting the Customer via e-mail at the address provided by the latter during the process of registration on the Site. Authorization to return the Products shall not constitute in any way recognition of defects or non-compliance, existence of which will be confirmed after the return.
The Products for which the Seller has authorized the refund will be sent by the Client, together with a copy of the return authorization within 14 days of notification of the defect or non-conformity to the following address:
Base Blu
Via Casale Litta 1
21020 Varano Borghi (Va), Italia.
Delivery of goods
The delivery of the Products ordered on the Website is carried out by express delivery. The costs, methods and delivery time of the Products are given in the Shipping and Returns page and in each purchase order form and they are integral part of the General Sales Conditions.
The delivery time of the Products of the Website are just an indication and include only working days, but not bank holidays.
Availability of the goods
If the item purchased by the Customer is no longer available, he/she will receive written notice at the same time as the total refund of the order.
Any requests to change the shipping address and / or personal data must be communicated to customercare@baseblu.com, and are possible until the order is processed. Any type of modification requested subsequent to the Customer's receipt of the email with the order tracking code will not be taken over.
Right of withdrawal
Pursuant to art. 49, paragraph 4, the Customers, qualifying as Consumers, have the right to withdraw from the contract, without indicating the reasons, within 14 days from when the Consumer or a third party appointed by him has received the Product.
Customers who purchase with a VAT number cannot exercise the right of withdrawal.
Time and Methods of Returns
The methods and delivery time of the Products are given in the Shipping and Returns page.
Product Liability
The provisions laid down in Directive 85/374 / EEC regarding damage caused by the product, apply. The Seller, as the distributor, is freed from responsibility by indicating the name of the manufacturer.
Safety
The user data is protected to the extent possible against loss, falsification, manipulation and misuse by third parties. We guarantee: - the highest level of reliability and safety to assure customers that the site is secure - that the information submitted through the web browser or other devices remain confidential. For further information of a legal nature relating to the treatment and protection of user data, please read the Privacy Policy of the site.
Force Majeure
The Seller shall not be liable in the event of a total or partial default of its obligations arising from any contracts concluded under the present general conditions of sale, if such failure is caused by unpredictable events and/or natural events beyond its reasonable control, including, without limitation but not limited to, catastrophic natural events, acts of terrorism, war, riots, lack of electricity, the general strike of workers in public and/or private, strike and / or restrictions on the viability of couriers and air links.
Governing Law and Jurisdiction
Any contract of sale concluded between the Seller and the Customer in accordance with these general conditions of sale shall be governed by, and construed in accordance with, Italian laws. In any case, they will be granted without prejudice to any further rights granted to Customer by mandatory provisions of law in force in the State of residence of the latter.
Any disputes will be settled by the Court in Milano, except in cases where such provision are not applicable due to the mandatory rules of law in force in the country of residence of the customer.
Validity of Clauses
The headings of the terms used here are purely indicative and have no effect on the identification of the contents and interpretation of this contract.
These General Conditions of Sale shall not affect the rights conferred by Italian law to the Consumer.
In the event that any provision, or part of any provision, of these terms and conditions, should be held to be invalid because it is inconsistent or contrary to the rule of law, all other provisions of this Agreement, or parts of the same provision, shall remain in full force and effect.
Final Provisions
The Customer acknowledges that he or she has not been induced to accede to this contract by prior oral statements.
If any of these Terms and Conditions should be invalid or become invalid at a later date, this does not affect the validity of the remainder of this contract. In this case, the invalid clause is replaced with a term that represents it as closely as possible in intent and economic purposes or with the appropriate legal provisions. The Seller reserves the right to amend these terms and conditions at any time. The amended general terms and conditions are made available on the website www.baseblu.com.
Applicable law and resolution of dispute
The General Sales Conditions are ruled by the Italian law and, in particular, by the provisions of the law decree dated 6th September 2005 no. 206, the “Consumer Code”, with reference to the provisions relevant to distance contracts and the law decree dated 9th April 2003 No. 70 relevant to same aspects of electronic commerce.
For any dispute relevant to these General Conditions, the Customer can use the online platform provided by the European Commission for the alternative extra-judicial resolution of disputes (so-called ODR platform), accessible on the website at the following link https://webgate.ec.europa.eu/
The Customer's right to appeal to the competent ordinary judge is reserved. The court applicable to sales contracts concluded through the Website is that of the Customer's place of residence or domicile.