Terms of service
1. INTRODUCTION
1.1 These general terms and conditions of sale (the "General Terms and Conditions of Sale") govern the purchase of products made at distance through the www.thebonvant.com website (the "Website"), by customers who qualify as "Consumers", i.e. natural persons who use the Website for purposes not related to their commercial, entrepreneurial or professional activity.
The Website is dedicated exclusively to retail sales, therefore, all orders placed by customers must correspond to normal consumer needs.
The Website is owned by Bon Vivant s.r.l., with registered office in Milan, Piazza Armando Diaz 7, tax code and VAT number 12459900960 ("TBV").
1.2 All purchases are governed by the General Terms and Conditions of Sale in the version published on the Website at the time the order is placed by the customer. The General Terms and Conditions of Sale can be viewed and saved. Moreover, they can be changed at any time by TBV, without prejudice to sales transactions that have already been completed.
1.3 Only Consumers who have already reached the age of eighteen (18) are permitted to place orders for products.
2. PROCESSING OF ORDERS
2.1 To complete purchases via the Website, the customer must enter the required data in the spaces reserved for this purpose. No registration with the Website is necessary. In order to place an order to purchase products, the customer must first read and accept the General Terms and Conditions of Sale. Failure to accept the General Terms and Conditions of Sale entails the impossibility of making purchases via the Website.
2.2 The customer represents and warrants that the data and information provided during the ordering process are complete, correct and true. The customer declares and warrants to hold TBV harmless and indemnified against any indemnity obligation and sanction deriving from the breach by the customer of the rules on entering information and data during the procedure of placing the order. The customer is directly liable for any damage or prejudice caused to TBV or third parties by improper use of the Website. All transactions carried out using the information provided during the order placing procedure are considered to have been carried out by the customer to whom the information refers.
2.3 TBV reserves the right, at its sole discretion, to refuse to accept orders from any customer. TBV also reserves the right not to accept any order that is abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Website.
3. PRE-CONTRACTUAL INFORMATION
In accordance with article 12 of Legislative Decree 70/03, TBV informs the customer that
- in order to conclude the contract for the purchase of one or more products via the Website, the customer must complete an order form in electronic format and transmit it to TBV in the manner indicated on the Website;
- before transmitting the order form, the customer will be able to identify and correct any data entry errors by following the instructions indicated on the Website from time to time and which will accompany the various stages of the purchase;
- once the order has been placed, the customer will receive an e-mail at the e-mail address entered in the order form at the time the order was transmitted containing confirmation of the order having been placed.
4. CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
4.1 Contracts for the sale of products on the Website are concluded with the acceptance, even partial, of the order by TBV. This acceptance is communicated by e-mail, as better specified in clause 6.3. By placing an order in the manner provided, the customer declares that he has read all the information provided to him during the purchase procedure and that he accepts the General Terms and Conditions of Sale in full.
4.2 Once the on-line purchase procedure has been completed, it is the customer's responsibility to print or save an electronic copy and in any case to keep the General Terms and Conditions of Sale, in compliance with the provisions of Article 51 et seq. of Legislative Decree 206/05.
4.3 Any right of the customer to damages or compensation, as well as any contractual or extra-contractual liability of TBV for direct or indirect damages to persons and/or property, attributable to the non-acceptance, even partial, of an order by TBV, is excluded.
5. FINALISATION OF THE ORDER
5.1 By placing an order online, the customer transmits to TBV a proposal to purchase the product and/or products placed in the so-called "shopping cart" (the "Shopping Cart"). When the customer places an online order for the products he has placed in the Shopping Cart, he agrees to purchase them at the price indicated in the information sheet and under the terms contained in the General Terms and Conditions of Sale. TBV will notify the customer by email of the acceptance and confirmation of the order in accordance with the provisions of clause 6.3 below.
5.2 In any case, TBV will not accept orders if the product is not in stock at the time of the order.
6. METHODS OF PURCHASE
6.1 The customer may only purchase the products present in the Website's electronic catalogue at the time the order is placed, as described in the relevant information sheets.
6.2 Before forwarding the purchase order, by means of the Shopping Cart, the unit cost of each chosen product is summarised, the total cost in the event of purchasing more than one product and the relevant shipping costs (if applicable as indicated on the Website).
6.3 The purchase of the product and the correct receipt of the order are confirmed by TBV by means of an e-mail message confirming the receipt of the purchase order (the "Confirmation Message") and containing information on the main characteristics of the goods and/or of the goods purchased, detailed information on the price, delivery costs, applicable taxes and means of payment and containing a reference to the General Terms and Conditions of Sale and information on the existence of the right of withdrawal as well as the conditions and methods of its exercise displayed on the Website. The Confirmation Message will reproduce all the data entered by the customer, who undertakes to check that it is correct and to inform TBV promptly of any corrections to be made.
In the event of non-acceptance of the order by TBV, TBV will ensure that the customer is notified in good time.
7. AVAILABILITY OF PRODUCTS
7.1 The products offered on the Website are limited in number and may be sold at discounted prices. It may therefore happen that a given product is no longer available after the purchase order has been placed. If the product ordered is no longer available, the customer shall be promptly informed by e-mail and the purchase order shall be cancelled. In the case of orders for more than one product, if one or more of the products ordered are no longer available, the customer shall be promptly informed by e-mail and may choose whether to proceed with the order of the available products only or to cancel the order.
7.2 In case of several simultaneous promotions, discounts may not be combined with each other.
8. PAYMENT METHODS
The customer may make the payment due by choosing one of the methods listed below during the purchase process:
(i) by credit card Visa, Visa Electron, MasterCard, American Express, Maestro: the debit of the credit/debit card takes place at the same time as the order is accepted. Payment is made through Shopify Payments and at no time during the purchase process does TBV come into possession of or is able to know the buyer's credit/debit card information, which is transmitted via secure connection directly to the carrier's bank handling the transaction;
(ii) PayPal: we accept all major credit and debit cards. Registering an account is not mandatory to use this service;
(iii) CryptoPay and Coinbase Commerce: payment can also be made using one of the following cryptocurrencies: Bitcoin (BTC) and Ethereum (ETH). TBV accepts payments from major crypto wallets. Please note that the order value displayed online at checkout will be shown in fiat currency (EUR, CHF, GBP, USD). After selecting "pay with your cryptocurrency" as payment method and after selecting your wallet, you will be shown the price in cryptocurrency. Additional network fees (e.g. GAS fee) are excluded from the order total. In the event of a return, the original order total (equal to fiat currency) will be refunded; the payment gateway will convert the total to cryptocurrency at the time of the refund transaction. Additional network costs are borne by the buyer.
9. SHIPMENT AND DELIVERY OF GOODS
9.1 TBV accepts orders with worldwide shipping except to the Russian Federation and other countries subject to international sanctions. If your delivery address has any kind of restriction, you will see it at the time of purchase..
9.2 For every order placed through the Website, TBV issues an invoice or fiscal receipt which is sent to the customer by e-mail. For the issuance of the fiscal document, the information provided by the customer when placing the order will be taken as the basis. It will not be possible to make changes to the fiscal document after it has been issued.
9.3 Shipping costs to Italy and countries belonging to the European Union are free of charge. For shipments to non-EU countries, shipping costs and import duties shall be borne by the customer..
9.4 The Website indicates the estimated time required to process the order and deliver the purchased goods to the customer.
9.5 In any case, TBV will not take care of the shipment of the goods object of the order, which will instead be carried out by a professional carrier (express courier) as indicated on the Website and, therefore, no responsibility can be attributed to TBV in case of delay on the part of the courier or in relation to any other event or circumstance concerning the shipment of the goods by the courier.
9.6 Upon delivery of the products by the courier, the customer is required to check that:
- the number of packages delivered corresponds to the number indicated on the invoice/tax receipt;
- the packaging is intact, undamaged, not wet or in any way altered, including the sealing materials (adhesive tape or strapping).
Any damage to the packaging and/or the product, or the mismatch in the number of packages or indications, must be immediately notified to the courier, by placing a written control reservation (specifying the reason for the reservation, e.g. "punctured packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the customer may not raise any objection regarding the external characteristics of what has been delivered.
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 60 days of delivery, in accordance with the procedures set forth herein.
9.7 In the event of non-delivery due to the absence of the addressee, at the address indicated by the addressee in the order, the courier shall leave a notice and try again a second time; if the addressee is still absent, the goods shall be returned to the sender (TBV).
10. RIGHT OF WITHDRAWAL
10.1 Pursuant to Articles 52 et seq. of Legislative Decree 206/05, the customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
10.2 In order to exercise this right, the customer, within 14 (fourteen) days from the date of receipt of the goods, must send TBV a written communication exclusively by means of the appropriate Withdrawal Form on the Website.
10.3 Following the exercise of the right of withdrawal in the manner set out in Article 10.2 of these General Terms and Conditions of Sale, the customer is obliged to return the goods to TBV within 14 (fourteen) days from the date of notification of the withdrawal to TBV. The product must be returned unworn, undamaged and unused, with all tags attached and complete with all accessories and everything originally delivered to the customer, as well as packed in its original packaging. A copy of the invoice/tax receipt relating to the order must be attached to the returned product. If the right of withdrawal is exercised, the cost of returning the goods to TBV will be borne by the customer.
10.4 Pursuant to paragraph 1 of Article 56 of Legislative Decree 206/05, TBV will proceed to refund all payments received from the customer without undue delay and in any case within 14 (fourteen) days of receipt of the notice of withdrawal from the customer. In the event that the goods are to be returned, TBV will, in accordance with paragraph 3 of Art. 56 of Legislative Decree 206/05, credit the customer with the amount only after the goods have been returned (and only after having verified the integrity of the same) or only after the customer has demonstrated that he has sent back the goods, whichever situation occurs first. The customer acknowledges and expressly accepts that the refund of the price following the exercise of the right of withdrawal will be issued on the same payment method used for the purchase.
The right of withdrawal is however subject to the following conditions:
- the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased;
- the right does not apply to custom-made or clearly customised products;
- the purchased goods must be intact and returned in the original packaging, complete in all its parts (otherwise, pursuant to paragraph 2 of Article 57 of Legislative Decree 206/05, the customer shall be liable for any diminution in the value of the goods resulting from their handling).
Upon its arrival at the warehouse, the product shall be examined to assess any damage or tampering not resulting from transport.
If the conditions for the valid right of withdrawal are not met, the goods will remain at the TBV premises at the customer's disposal for collection at his sole expense.
11. OBLIGATIONS AND RESPONSIBILITIES OF TBV
11.1 TBV undertakes to correct all errors that may be present in the description of the products offered on the Website, in the shortest possible time, as soon as they are reported by the customer. Reports of such errors can be sent to the e-mail address info@thebonvant.com.
11.2 TBV will not be liable in case of damages, of any nature whatsoever, resulting from the use of the product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.
11.3 TBV will not be liable in the event of loss of revenue, profit, data or for any other indirect damage of any nature arising from or in any way connected with the contracts subject to the General Terms and Conditions of Sale.
11.4 TBV's liability, in any case, will not exceed the total value of the purchase order.
11.5 Under no circumstances can TBV be held liable for non-fulfilment of any of its obligations arising from the contracts subject to the General Terms and Conditions of Sale in the event that the non-fulfilment is caused by unforeseeable circumstances and/or force majeure, including but not limited to epidemics, pandemics, natural catastrophes, acts of terrorism, network malfunctions and/or blackouts.
12. SUSPENSION OF THE SERVICE
TBV reserves the right to temporarily suspend, without any prior notice, the provision of the services of the Website for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the services themselves and for the ordinary and extraordinary maintenance of the Website, its contents and functionalities.
13. WEBSITE CONTENTS AND INTELLECTUAL PROPERTY RIGHTS
13.1 The contents of the Website, such as, but not limited to, the images, graphics, patterns, photographs, writings, documentation, sounds, videos, NFTs and any other material, in any format, including all the web pages of the Website, are the exclusive property of TBV and the other rights holders and the customer acquires no rights in them. Reproducing, modifying, duplicating, copying, distributing, selling or otherwise exploiting the contents of the Website is prohibited. Under no circumstances may the customer alter, change, modify or adapt the Website or the material made available by TBV.
13.2 By accepting the General Terms and Conditions of Sale you agree not to use any trademark, logo or service mark of TBV, whether registered or unregistered - including but not limited to the "Bon Vivant" word mark, the "TBV" word mark and its figurative mark (collectively, "TBV Marks" - unless you have obtained written permission from TBV. You agree not to use or adopt any trademark that could be considered confusable with the TBV Marks. You acknowledge that any variant or misspelling of the TBV Marks will be considered confusable with the TBV Marks.
You agree not to purchase, register, or use any keywords for search engines or pay-per-click platforms (such as Google Ads), trademarks, email addresses, social media names, and domain names (including but not limited to top-level domains, subdomains, and page URLs) that use or include the term "Bon Vivant," "TBV," or the TBV Marks, or that use or include any terms that may be considered confusing with the TBV Marks.
You acknowledge and agree that the Terms and Conditions do not give you any right to implement the TBV patents.
14. APPLICABLE LAW AND PLACE OF JURISDICTION
The contract of sale between TBV and the customer, referred to in these General Terms and Conditions of Sale, is understood to be concluded in Italy and governed by Italian law. For the solution of any disputes arising from the conclusion of distance sales contracts referred to on the Website and therefore referable to these General Sales Conditions, if the customer is a Consumer, the territorial jurisdiction is that of the court of reference of his town of residence, while in all other cases the territorial jurisdiction is exclusively that of the Court of Milan.