A – Scope of Application
These conditions of sale (hereafter “General Conditions”) govern the sale of products marketed by Linea Blu Italia srl and will regulate any purchase contract stipulated, through the website www.danapisarra.it, between the seller and the Customer.
B – Conclusion of the Contract and Acceptance of the sale conditions
1. Linea Blu Italia srl reserves the discretionary and unquestionable right to accept the received orders.
The contract between Linea Blu Italia srl and the Customer must be considered concluded with the acceptance, even partial, of the order by Linea Blu Italia srl.
The correct receipt of the order and its acceptance are confirmed by e-mail communication, sent to the e-mail address communicated by the Customer when placing the order.
If the Customer is a Consumer (a natural person who purchases the goods for purposes not related to his professional activity), the communication will contain an indication of the contractual terms and other information essential for safeguarding the Consumer’s interests (articles 49 et seq. . of Legislative Decree 206/2005, hereinafter “Consumer Code”).
2. In the event of non-execution of the order due to the unavailability, even temporary, of the goods requested, the Seller, within 30 (thirty) days, informs the Customer / Consumer in writing and reimburses any sums already paid.
If the professional – without the communication referred to in the previous period – fails to fulfill the obligation to deliver the goods within the agreed term, or within 30 (thirty) days, the consumer invites him to make the delivery within an appropriate additional term to circumstances.
By placing an order, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General Terms and Conditions referred to in this document, which constitute an integral part of the contract concluded with the Seller.
3. The Seller is excluded from any contractual or extra-contractual liability for direct or indirect damage to people and / or things, caused by the non-acceptance, even partial, of an order.
4. Linea Blu Italia srl is exempt from any liability deriving from the issue of incorrect tax documents if this was due to an incorrect entry of these data by the Customer at the time of online registration.
C – Requirements for the Purchase
1 The Customer can only purchase the products present in the electronic catalog of Linea Blu Italia srl at the time of placing the order, as described in the respective information sheets and at the price indicated at the time of the order itself.
2. Pursuant to art. 31 of the Consumer Code to conclude the purchase contract it is necessary to be 18 years old
D – Terms of payment
1. Cash to the courrier. With this payment method, possible only within the territory of the Italian State, an additional contribution is applied to the total amount of the order, which can be found within each individual advertisement.
Payment must be made to the courier in cash, with the exact sum. (This payment method is not designed for all products offered for sale.)
2. Bank transfert. With this method of payment, the shipment of the goods ordered takes place only upon crediting the current account in the name of Linea Blu Italia srl for an amount corresponding to the price of the product plus shipping costs. The customer must make the transfer within 5 working days from the date of acceptance of the order, otherwise, Linea Blu Italia srl will communicate the termination of the contract in writing.
The reason to be indicated in the bank transfer must include the Name and Surname of the person receiving the purchased good.
Payment must be made using the following bank details:
Linea Blu Italia srl
UBI-BANCA POP. DI BERGAMO
SWIFT / BIC: BLOPIT22
3. Credit Card. In the case of purchase by credit card, the operation is carried out through the Paypal.com portal (CIRCUITI VISA – MASTERCARD -” POSTEPAY – PAYPAL… ” – NO AMERICAN EXPRESS).
The amount relating to the goods purchased is charged to the customer’s credit card at the time the payment is effectively forwarded.
At no time during the purchase procedure does Linea Blu Italia srl become aware of the data relating to the credit card of the purchaser, as they are entered directly on the online format of the Banking Institute which manages the transaction and which ensures its high standards of safety. No computer archive attributable to Linea Blu Italia srl contains, or retains, such data. Therefore the Seller cannot be held responsible for any fraudulent or undue use of credit cards by third parties.
E – Transaction Security
Online credit card transactions are carried out directly on the Bank’s website, via a secure Server that adopts the SSL (Secure Socket Layer) protection system. This protocol, certified Verisign, guarantees that the flow of data takes place without the possibility of interception, modification or falsification of information.
F – Delivery methods
For each order placed, Linea Blu Italia srl issues a specific tax receipt (or invoice at the explicit request of the customer).
For the issuance of the tax document, the information provided by the Customer at the time of the order is authentic.
The payment of the goods by the Customer will take place according to the methods chosen at the time of the order.
The goods travel in packaging made directly by the manufacturer or in cardboard boxes suitably prepared by the Seller.
The delivery times of the purchased goods vary according to the product and are always indicated on the website.
Linea Blu Italia srl is exempt from any liability in case of delay not attributable to itself in the fulfillment of the order or the delivery of the goods ordered, except as provided in point B.2.
Upon delivery of the goods by the courier, the customer is required to check:
– that the number of packages corresponds to what is indicated in the D.D.T. or in the waybill;
– that the packaging is intact, not damaged, nor wet or, in any case, altered.
In the event that the packaging of the goods is damaged or in the event of a mismatch in the number of packages or indications, the Customer must immediately contest the circumstance with the carrier making the delivery, placing the word “withdrawal with reserve” on the appropriate accompanying document and inform the Seller by registered letter with return receipt or by e-mail address within 8 days from the date of delivery.
For each declaration, the customer assumes full responsibility for what has been declared.
Delivery by Express Courier: the methods for this type of delivery depend on the courier to whom the delivery is entrusted.
G – Delivery costs
The cost of shipping is indicated on the website of Linea Blu Italia srl in correspondence with the goods subject of the order
at the time of the order itself and is – in any case – charged to the Customer.
H – Right of withdrawal
1. Pursuant to art. 52 of the Consumer Code and Legislative Decree 206/2005, if the customer is a consumer, he has the right to withdraw from the purchase contract for any reason, without any penalty and without prejudice to what is set forth below.
Shipping costs (or in any case return) are fully charged to the customer.
The risks associated with the transportation of the returned product are entirely borne by the customer.
2. To exercise the right of withdrawal, the Customer must forward a specific communication to Linea Blu Italia srl no later than 14 (fourteen) days from receipt of the goods. To exercise the right of withdrawal, any explicit communication is sufficient, provided it is made in writing (mail, e-mail, etc.).
The burden of proof relating to the exercise of the right of withdrawal lies with the consumer.
The return, subject to the right of withdrawal, must be sent to:
Linea Blu Italia srl
Via Stelvio 43
21050 Gorla Maggiore VA
3. The right of withdrawal is subject to the following mandatory conditions:
– the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e.g. accessories, etc …);
– the purchased good must be intact and returned in its original packaging, complete with label and all its parts (including packaging and any accessory)
– the purchased good must be returned in a normal state of conservation, it must also have been kept and possibly used with the use of normal diligence;
– the shipment, until the certificate of receipt at the Seller’s warehouse, is under the full responsibility of the Customer and / or courier;
– Linea Blu Italia srl is not liable for damage / theft / loss of the product occurred before receipt of the returned goods.
4. The goods (packaging and / or its contents) are not considered complete when Linea Blu Italia srl ascertains:
– the lack of the external packaging and / or the original internal packaging;
– the absence of accessory elements of the product (label, buttons, any accessories included..etc ..)
– damage to the product (functionality even partially compromised);
– a state of dirt on the product due to its incorrect use or improper storage, which compromises – even only partially – its functionality;
– a decrease in the value of the asset resulting from a manipulation other than that necessary to establish the nature, characteristics and functioning of the purchased asset.
5 The right of withdrawal is however excluded in the following cases:
– contract concluded with a Professional (natural or legal person who acts in the exercise of their business, commercial, craft or professional activity, or an intermediary). Anyone who purchases the goods is presumed to be a Professional by giving an ID number;
– sale of made-to-measure goods;
– sale of clearly personalized goods
– sale of goods which, by their very nature, cannot be returned or are liable to deteriorate or deteriorate rapidly (e.g. already open chemicals);
– Returned Products must not have been used, worn, washed, soiled or damaged and must not show signs of use;
Returned Products must be returned packaged exactly as they were shipped, complete with every accessory and label
6. In the event that the returned goods cannot be considered intact, the withdrawal must be considered not validly exercised. The goods, therefore, will be returned to the customer with a further increase in transport costs.
In the event of forfeiture of the right of withdrawal or in any case of withdrawal exercised outside the cases in which it is allowed, Linea Blu Italia srl will also return the purchased good to the Customer, charging the shipping costs to the same.
7 In caso di recesso Linea Blu Italia srl rimborserà al Cliente tutti i pagamenti effettuati per l’acquisto dei Prodotti Resi, fatta eccezione per le seguenti spese che, se applicabili, rimarranno a carico del Cliente:
– le spese iniziali di spedizione dell’Ordine (già inizialmente pagate dal Cliente al momento dell’acquisto). Si precisa che dette spese verranno rimborsate al Cliente esclusivamente in caso di danno ai Prodotti dovuto al trasporto, oppure in caso di errori nella spedizione da parte del Venditore, oppure in caso di Prodotti riconosciuti come difettosi;
– le spese accessorie all’ordine eventualmente sostenute (ad esempio: spese di contrassegno, costo della confezione regalo ecc);
8.Case of exercise of the right made Linea Blu Italia srl will refund the entire amount already paid in the shortest possible time, however within 14 (fourteen) days of receiving the notice of withdrawal.
Linea Blu Italia srl can withhold the refund until it has received the goods or until the consumer has shown that he has sent them back, whichever occurs first.
The refund will be made through the same payment method used for the initial transaction.
The reimbursement excludes the additional costs that the consumer incurred for having explicitly chosen a type of delivery other than the less expensive type offered by the professional.
The sums are refunded within the deadlines if they are actually returned, sent or re-credited in a currency not later than the expiry of the previously indicated term.
The Customer is required to return the goods to the Seller within 14 (fourteen) days, which run from the date on which he communicated his decision to withdraw to the professional. The deadline is met if the customer sends the goods back within the deadline.
I – Warranty
1. All products marketed by Linea Blu Italia srl are covered by the manufacturer’s conventional warranty and by the 24-month warranty for conformity defects, which the Consumer Code guarantees only for Consumer customers.
The buyer is required to report the alleged lack of conformity within and no later than two months from the discovery of the defect itself.
To take advantage of conventional assistance, the Customer must keep the receipt that he will receive together with the purchased goods.
2. The 24-month legal warranty applies to the product that has a lack of conformity, provided that it has been used correctly, in compliance with its intended use and washing instructions indicated on the composition label. This guarantee, in compliance with the provisions of the Consumer Code, is reserved only for the Consumer Customer.
In the event of a lack of conformity, Linea Blu Italia srl provides, at no cost to the customer, to restore the conformity of the product by repair / replacement.
Alternatively, it is always possible to request a reasonable price reduction, or the termination of the contract.
If, following intervention by an Authorized Assistance Center, a lack of conformity is not found, the Customer will be charged for any verification and restoration costs required by Authorized Assistance, as well as the transport costs incurred.
3. In the event that it is not possible (or is excessively expensive) to restore or replace the non-compliant product covered by the guarantee, Linea Blu Italia srl will be able to provide, with the consent of the Customer, a different product with the same characteristics and value or to release a discount coupon of the same amount valid for 6 months from the date of issue. The Consumer’s right to obtain an appropriate price reduction or termination of the contractual relationship is always reserved.
4. In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any accessories, etc. …).
L – Complaints
Any complaints must be addressed to
Linea Blu Italia srl.Via Stelvio 43
21050 Gorla Maggiore VA
M – Jurisdiction and Applicable Law
The sales contract between the customer and Linea Blu italia srl is concluded in Italy and is governed by Italian law. For all disputes concerning the interpretation, termination and execution of the contract or which in any case derive from the contract concluded with Linea Blu italia srl, the mandatory territorial jurisdiction is of the Judge of the place of residence or domicile of the Consumer, if located in the territory of the state. In any other case, the competent court is that of Varese (Italy).
N – Modification of the Conditions
The general conditions contained in this document, subject to the clauses that reproduce mandatory legal provisions, may be modified at any time by Linea Blu italia srl without notice and will be valid from the date of online publication. The new conditions will apply only to contracts not yet entered into.