GENERAL CONDITIONS OF SALE
Pasticceria Shop Buosi Food Experience s.a.s. di Buosi Denis Fabrizio & C.,
with registered office at Via Baracca, 18, 21040 Venegono Superiore (VA),
tax code and vat number 00603520123 (hereinafter: the “Company”)
is the owner of https://www.buosigin.com/ (hereinafter: “Buosi”).

The contract entered into between Buosi (in its capacity as seller) and the user who purchases products or services, at a distance, through the website www.buosigin.com (hereinafter: “Customer”), is governed by these general conditions, drafted in compliance with Italian and European regulations.
Users accessing the Site to make purchases are required, prior to placing an order, to carefully read these Terms and Conditions which have been
made available to it on the site itself and which will be available for consultation at any time, with the link contained in the confirmation email of each order, which allows its
playback and storage.

1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The contract shall be deemed concluded upon acceptance, possibly partial, of the Customer’s order by Buosi.
Upon receipt of the order Buosi reserves the right to check the actual availability of the products ordered; in the event that only a few products are not in stock, Buosi will process the order with the available products. If one or more products are missing, the final charge or refund information will be contained in the order confirmation email.
In case of payment by Credit Card (see No. 4: Methods of Payment) at the time of order will be requested authorization for the exact amount of the expense. Only the cost of the products actually sent will be charged at the time of delivery or shipment, and any pre-authorized and unused amounts will be released to the payment method chosen by the Customer in a short time, according to the timeframe provided by the payment method itself.
By placing an order in the manner provided in the dedicated section of the site, the Customer declares that he/she has read all the indications provided with this document and/or during the purchase procedure and that he/she accepts them in full, including with reference to the terms of payment referred to below.
If the Customer is a Consumer, i.e. a natural person who buys the goods for purposes not related or connected to his professional activity or does not indicate, at the time of purchase or eventual registration, a VAT number, it will be Buosi’s responsibility, at the conclusion of the online purchase procedure, to send by e-mail, to the address indicated when placing the order, a copy of these General Conditions of Sale in pdf format so as to allow the Customer to store and preserve them and any reproduction, as required by the Consumer Code in the case of distance sales.
If the Client is not a Consumer but a Professional, see item no. 5.
The Customer acknowledges and agrees that he/she must be at least eighteen years old to purchase alcoholic beverages. Consequently, in completing an order that
contemplates the presence of alcoholic substances, represents and warrants that he/she is of legal age. Where appropriate, Buosi reserves the right to check, in case of processing
of the order or delivery, to make verifications and possibly not to process the order or make delivery.

2. PRODUCT INFORMATION, PRICING AND DELIVERY
Information and features about the products are available, with their product codes, on the website.
The visual representation of products on the site, where available, normally corresponds to the photographic image accompanying the description sheet.
It is understood that the image of the products themselves is for the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of any difference between the picture and the product sheet (written), the description in the product sheet always prevails.
All supporting purchase information is intended to be general informational material, not referring to the actual features of an individual product. The Customer is encouraged to ask Buosi directly for any information he or she deems
needed.
Buosi reserves the right to include additional information and/or special conditions within the product information sheets. In such case, the Customer agrees that such directions shall, if different from what is specified herein, prevail over the General Conditions of Sale.
Product prices, expressed in Euros, are inclusive of all taxes and fees.

3. MODE OF PURCHASE
The Customer may proceed to request the sale only of the products in the catalog available at www.buosigin.com and as described in the relevant product sheets, accompanied by any additional information.
The Customer places his/her order using the form that can be filled out in the “Online Shop” area (available at the link www.buosigin.com/online-shop).
First email: confirmation of receipt of the order The receipt of the order is confirmed by Buosi with an email response sent to the address provided by the Customer. This message, generally titled “Thank you for your order” and to be used for subsequent communications with Buosi, will contain, in addition to a copy of these Terms and Conditions, a summary of the order itself.

Changes
The Customer agrees, without delay, to verify the correctness and completeness of the data in the email received and, if necessary, to communicate their requests for correction and/or changes by responding directly to the email received from Buosi.

Failure to accept the order
In case of non-acceptance of the order, Buosi undertakes to promptly notify the Customer of this circumstance.
Second email: order processing (in process) Buosi processes the Customer’s order by sending the Customer a second message generally titled “Your Order is Confirmed” The message contains a summary of the contractual terms and conditions and information about the characteristics of the good or product, including price, payment method, withdrawal, delivery costs and applicable taxes.
Upon receiving the second email message, you will no longer be able to request cancellation or change of shipping address.

Suspension of the order
In case it is necessary to suspend the order Buosi sends the Customer a special email containing the necessary information and any requests.

4. METHOD OF PAYMENT
Credit Card
The Customer can make payment for the price of products and delivery charges by credit card. For such transactions Buosi chose Stripe. The Credit Card form of payment is possible on all catalog items. Simultaneously with the conclusion of the online transaction, the relevant banking institution will authorize only the commitment of the amount related to the purchase made.
In case of cancellation of the order, either by the Customer or in case of non-acceptance of the same by Buosi, it will be requested simultaneously by Buosi to cancel the transaction and release the committed amount. Release times, for some types of cards, depend solely on the banking system and can go up to their natural expiration date (24th day from the date of authorization).
Once the cancellation of the transaction has been made, under no circumstances can Buosi be held liable for any damages, direct or indirect, caused by delay in the failure of the customer’s own banking system to release the committed amount.

Security
At no time during the purchase process is Buosi able to know, or receive, the buyer’s credit card information transmitted via a secure SSL connection directly to the site of the banking institution handling the transaction.
Upon confirmation of the order, credit card information will be transferred, via secure SSL (Secure Socket Layer) encryption connection, for authorization and charging. Only the authorization provided by the card operator reaches Buosi.
The SSL encryption system ensures that no one can in any way read the information sent through the Internet. No computer records of Buosi will retain such data. Under no circumstances, therefore, can Buosi be held responsible for any fraudulent and improper use of credit cards by third parties when paying for products purchased from www.buosigin.com.

5. PURCHASE AS A PROFESSIONAL OR ENTERPRISE
In the hypothesis of a purchase by a company or professional, it is possible to request the issuance of an invoice by checking the appropriate box during the order compilation phase and entering the necessary data, including VAT number – tax code – recipient code. In this case, the invoice will be sent to the Interchange System, together with a courtesy copy to the Customer. The latter remains responsible for the correct entry of his or her billing information and acknowledges and agrees that if he or she fails to request billing when filling the order, it will not be possible to request it later.
It is understood that, by opting for the mode of billing to business or professional, the applicability of the remedies and guarantees provided for consumers by the Consumer Code (Legislative Decree No. 206/2005) is waived.
The Customer acknowledges and agrees that Buosi will not accept orders other than from individuals outside the territory of Italy.

6. MODE AND COST OF DELIVERY
The Customer can choose from the following modes of delivery:
● Home Delivery (price of € 8, eight/00 for orders less than € 50.00,
otherwise with free delivery – promo code)
● Courier (cost €15.00, fifteen/00)
For each order placed online, Buosi will issue an invoice with dedicated numbering and series, sending a courtesy copy to the email address provided by the customer upon completion of the order and, subsequently, forwarding it to the Interchange System (SDI).
In this document, the information provided by the Customer when placing the order shall be stated and shall be authentic, it being understood that, subsequent to the said order, no variation of the same shall be possible (see above, No. 3: Purchase Method, Customer Confirmation Email).
Product prices include all taxes and fees. All prices are given in Euros. Payment for the goods will be made using the method chosen when placing the order (see #4 above).
Regardless of the method chosen for delivery or pickup of the product (take-away, home delivery, courier), the Customer is required to check that the number and nature of the products are in accordance with what was agreed upon. Any disagreements must be contested within 7 days.
Delivery charges, as indicated and chosen when filling the order, are the responsibility of the Customer. In case of impossibility of delivery to the address indicated by the Customer due to unavailability or absence of the same, the product will be returned to the premises of Buosi. The Customer acknowledges that, in case of further delivery to the home or shipment by courier, the Customer will be responsible for the additional necessary expenses, to the extent already indicated when filling the order.

7. RIGHT OF WITHDRAWAL
Pursuant to the Consumer Code, if the customer is a Consumer, he/she has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide an explanation and without penalty, except as specified below.
It should be noted that the following does not apply in relation to food products, for which please read further.
To exercise this right, the Customer must send Buosi a notice within 14 days from the date of receipt of the products using the form that can be downloaded here or, if the Customer intends to exercise withdrawal before having received the products, the notice of withdrawal can be sent at any time prior to their receipt.
Such notice should be sent by registered letter with return receipt, (possibly in advance by email to info@buosigin.com) addressed to:
Pasticceria Buosi Food Experience s.a.s. di Buosi Denis Fabrizio & C., Via Baracca, 18, 21040 Venegono Superiore (VA).
Buosi will, once received the communication, open a file for the management of the return and communicate to the Customer the instructions on how to return the products, which will be done by courier indicated by Buosi itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the product purchased in its entirety; therefore, if the product consists of several components or parts, it is not possible to exercise withdrawal only on part of the product purchased.
II. If the right of withdrawal is exercised, Buosi will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date the notice of withdrawal was received, without prejudice to Buosi’s right to suspend payment of the refund until actual receipt of the goods. The refund will be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different method. In case of bank transfer or cash on delivery payment, it will be the Customer’s responsibility to provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee free returns, products must be returned in the same box in which they were received.
IV. In addition to the cases mentioned in item no. 1 and in item no. 5 (non-consumer customer and/or requiring invoice), the right of withdrawal is excluded in the following cases, according to Art. 59 Legislative Decree 21/2014:
● Ordering custom-made or clearly customized products;
● Order of products that are likely to deteriorate or expire quickly;
● order of sealed products that are not suitable for return for hygienic or health protection-related reasons or that have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that products that are “likely to deteriorate or expire rapidly” include both all food products (including wines, spirits and beverages) and cosmetics, since the characteristics and qualities of these types of Products are also subject to alteration as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for products purchased on the site that can be returned to Buosi and put back on the market without danger to the health of consumers.
In cases of exclusion of the right of withdrawal, Buosi will return the purchased Products to the Customer, charging the same for shipping costs.

Free return in case of exercising the right of withdrawal
As a more favorable condition for the Customer, Buosi retains full responsibility for the shipping costs of returning the Products if the right of withdrawal is exercised.
In order to benefit from such free shipping, The Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by Buosi to arrange the return of the Products to the courier.

8. WARRANTY AND LACK OF CONFORMITY
In the event of conformity defects in sold products, the Customer should contact Buosi immediately using the contact form accessible on the site at: https://www.buosigin.com/contatti/.
The legal guarantees provided in Articles 129, 130 and 132 of the Consumer Code apply to the sale of products. All products sold by Buosi are covered by the legal warranty for conformity defects, according to the Consumer Code (Legislative Decree 206/2005). Under these rules, the Customer has the right, at his or her option and provided that the type of the product permits, to restoration, without charge, of the conformity of the product by repair or replacement, or to an appropriate price reduction or termination of the contract.
What is specified herein applies with reference to the sale of all products with the exception of some in relation to which the terms on the subject of warranties may vary because of their perishable nature or because they are subject to expiration in a shorter period of time than is generally provided.
To make use of the Warranty The Customer must in all cases keep the tax receipt, receipt or invoice that he/she will receive.
In the event of a lack of conformity Buosi shall, without cost to the Customer, restore the conformity of the product by replacement or reduction of the price, up to the eventual termination of the contract. In the event that, as a result of Buosi’s intervention, the defect complained of by the Customer is not found to be within the meaning of the Consumer Code, the customer will be charged for any costs of verification restoration.
The Customer forfeits the right to enforce the warranty if he does not report the lack of conformity within the period of two months from the date on which he discovered it, unless the product is by its nature perishable or subject to expiration in a shorter period, in which case the defect must be reported within that reduced period.
In the case of a faulty, defective and/or nonconforming product, the Customer is asked to keep at least 2/3 of the product itself, with its packaging, and to report the alleged nonconformity to https://www.buosigin.com/contatti/. Buosi will intervene as soon as possible by arranging a free pickup in order to conduct a thorough inspection and propose the most suitable solution.
In the event that Buosi is not able to return to its customer a product eventually restored or replaced, it will proceed, at its own discretion, to refund the amount paid by the Customer taking into account any use or use of the same or will replace it with a product of equal or superior characteristics.

9. ERRORS AND LIMITATIONS OF LIABILITY
The product information provided through the site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which therefore Buosi cannot be held responsible, except in cases of intent or gross negligence.
Buosi reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Terms and Conditions and the Consumer Code.
Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfillment, even partial, of an order, is excluded.

10. ONLINE RESOLUTION OF CONSUMER DISPUTES (ADR and ODR).
Where the User is a Consumer and where the legal requirements are met, recourse may be had to the alternative dispute resolution bodies referred to in Art. 141-ter and 141-decies of the Consumer Code.
As of January 9, 2016, the provisions introduced by Legislative Decree. August 6, 2015, no. 130 and with EU Regulation no. 524/2013, on Alternative Dispute Resolution and Online Dispute Resolution. Pursuant to the EU Regulation 524/2013, for the resolution of disputes concerning the online purchase of products and services, specifically dedicated to disputes between Consumers and professionals, the so-called ODR (Online Dispute Resolution) procedure is available, which can be initiated by submitting a special complaint through the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.

11. INDUSTRIAL PROPERTY RIGHTS
Buosi informs you that the site, as well as all trademarks and distinctive signs used in connection with the sale of products, is protected by applicable industrial and intellectual property rights and that any type of reproduction, in any form and for any purpose, of the site content, bows, distinctive signs used (by way of example: works, images, photographs, films, drawings, music, sounds, graphics, colors, functionality and design of the site) is prohibited.

12. APPLICABLE LAW
The sales contract between the Customer and Buosi is concluded in Italy and governed by Italian law. For the resolution of any dispute arising from the conclusion of this distance sales contract, if the Customer is a Consumer, the territorial jurisdiction is that of the Court of his residence.
Such Forum, in case the User is a Consumer, is mandatory under Art. 33(2)(u) of the Consumer Code.
In all other cases, territorial jurisdiction is governed by the rules of the Code of Civil Proceduricce