Terms & Conditions

Terms and conditions

of sale for orders placed by telephone or via email or via the boarini milanesi website (www.boarini-milanesi.com)

PRELIMINARIES

These are the terms and conditions of sale ("Conditions") of Nelesti S.r.l. (“Company” or “Maison” or “Boarini Milanesi”) whose registered office is in Casalecchio di Reno (Bologna), Italy at Via del Lavoro, 71, registered in the Companies Register of Bologna, VAT nr. IT03557401209.
Nelesti S.r.l. sells products and services under the “Boarini Milanesi” label.

• Not all items featured in our catalogue, on our web site, in advertisements or fashion features are available by telephone/email order or via our Website. We may change these Conditions from time to time. The latest version of these Conditions is available on our Website.
• These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website and by telephone/email.

SCOPE

• “Party” means either you or us; "Parties" means you and us;
• “Personalised Goods” means any Goods that are made to order for you further to your specific requests and instructions;
• “Writing” means letter, fax, email or SMS;
• “Consumer Code” means the Italian Legislative Decree dated 6th September 2005 no.205.

These terms will apply to all purchases of Goods/services when you order via our website www.boarini-milanesi.com (our "Website") or by telephone/via email using our Client Service team.
Please read this document carefully before placing your order. By placing an order by telephone or via email through our Client Service team or through our website www.boarini-milanesi.com, you confirm your unconditional acceptance of these Conditions.
By accepting the Terms and Conditions when confirming your order, you confirm your unconditional acceptance of these Conditions.
The contract for supply of Goods ("Contract") will be formed when we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in paper or electronic copy for our records. All orders are subject to availability.
Orders may only be placed by Customers aged 18 and over.
The purchase of our goods via telephone/email or through our website is reserved solely for consumers. The term “Consumer” is to be understood as any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. The re-sale, rental or transfer for commercial or professional reasons of products purchased on the site is strictly forbidden.
Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability. Clause headings are for convenience only and do not affect the interpretation of these Conditions. Words in the singular include the plural and vice versa.

IDENTIFICATION OF THE OFFEROR

The offeror is Nelesti S.r.l. (referred to as “Company” or “Maison” or “Boarini Milanesi” or “we” or “us”) whose registered office is in Casalecchio di Reno (Bologna), Italy at Via del Lavoro, 71, registered in the Companies Register of Bologna, VAT nr. IT03557401209.

1: INFORMATION RELATING TO GOODS

Information on the range of Goods sold via our telephone/email order service or via our Website is available, with product references, in all Boarini Milanesi stores/showrooms and on our Website. All orders are subject to availability. The above-mentioned information is provided in accordance with articles 49 and 51 of the Consumer Code.

2: ORDERS

1. Orders by telephone or via email:
   • Orders can be placed with our Client Service team by calling tel. no. +39 051 0954026 or writing to boarini-milanesi@boarini-milanesi.com;
2. Orders via our Website::
   • orders can be placed through our Website www.boarini-milanesi.com. You will be responsible for paying any costs of connection to our Website.
   • Whilst we try to ensure that our Website is reliable and available at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our Website.
   • We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise.
   • When placing an order for the first time, you will not be required to open an account with us but you will be required to complete certain required fields on an order form. All steps necessary for placing an order are detailed on our Website.
   • In the event prolonged inactivity causes your connection to our Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection.
   • Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the goods. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.
   Whether your order is made via telephone/email or through our website, the sale will only be binding on us once we have notified you that the order is accepted and the goods will then be dispatched by us. You will be notified that the order has been accepted within 30 days of placing it. This means that if goods are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, both on our website and in your telephone or email conversations with our Client Service team, we shall not be obliged to sell you such goods. You will only be charged for goods once they have been dispatched to you. In the case of personalised goods only, you will be charged once you have submitted your order and it has been received by us. We will inform you by email once the personalised goods have been dispatched.

   3: PRICE

   • The price of the Goods you order will be notified to you by telephone/via email before you place your order or shown on the Website before you confirm your order. All prices are in Euros(€) and inclusive of VAT and delivery costs, if the goods are being sold within the EU.
   • In the case of sales outside of the EU, in the countries where we sell our products, you will be notified of the final price inclusive of taxes, customs duties and shipping costs before you confirm your order if the sale is being made through our website or via email/telephone.
   • If an error is found in the price of goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel the Contract, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods including any delivery costs paid.
   • In accordance with article 51 of the Consumer Code, once the contract has been concluded, you will receive a written confirmation of your order, which clearly statesthe items you have purchased, their price and all other relevant information regarding your order.

   4: PAYMENT

   • You must pay for the Goods prior to their dispatch to you by credit card, PayPal or bank transfer (provided that the paying bank account is held by you), or other payment methods as they become available from time to time by notice on our Website. Payment must be in Euros (€). In case of a payment by bank transfer, you will be notified of our bank details by email or through our website. The following credit cards are accepted: Visa, MasterCard and American Express. The name of the account holder must match he name of the person placing the order.
   • Your credit card/Paypal account will be debited at the time the order is dispatched, except in relation to personalised goods, in which case your credit card/Paypal account will be debited at the time that your order is received by us. You must confirm to us the name which appears on the credit card to be debited, give the card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential.
   • When collecting your order in a boutique/showroom, in order to ensure that your payment card is not being used without your consent, we will request to see your payment card as well as a photo ID when you come to collect your orders in-store.
   • In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the sale will be cancelled immediately and you will be notified in writing.

   5: DELIVERY

   • Once payment has been confirmed, the goods you ordered will be delivered in accordance with the delivery method you opted for to the address which you gave us when you placed your order. Please note that deliveries are not made to hotels or PO Box addresses or to business premises.
   • If there is no one at the address given who is competent to accept delivery of the goods, you will be asked to contact our Client Service in order to arrange an alternative delivery date to collect the goods.
   • In the case of a gift, you may arrange for the goods to be delivered to a third party of your choice, provided always that the delivery address satisfies the requirements of condition 5.1 above.
   • No delivery will take place unless payment for the goods has been received. We will endeavour to deliver by the date or time agreed however, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. Except for personalised goods or goods that are momentarily not available, we will, in any event, deliver the goods no later than 30 days after the day on which the contract is entered into.
   • Please note that all packages containing goods to be delivered to you will be weighed by us prior to their dispatch.
   • Ownership of the goods and the risk for damage to the goods passes to you upon delivery which will be completed once we have delivered the goods to the address you gave us or once you have collected the item in-store.
   • If, at the time of delivery, the packaging is damaged, please open the package in the presence of the carrier in order to verify the condition of the goods. In the event of damage to the goods, you should note the details on the delivery note and contact the Client Service team.
   • When you choose to collect your order in-store, in order to ensure that your items are collected by you or someone authorised by you, you will be requested to show your order delivery confirmation e-mail, your photo ID and your payment card. If you authorise someone to collect your order on your behalf, please make sure that they bring the delivery confirmation e-mail, your ID card, their own ID card, your payment card and a letter of authorisation signed by you. We will make copies of all photo IDs which will be treated securely and strictly in accordance with privacy and data protection regulations. If you do not wish to adhere to these procedures, you may not be able to collect your items.

   6: OUR LIABILITY TO YOU

   1. We will not be liable to you by way of representation (unless fraudulent), tort (including negligence) for:
      1. any losses or damage arising in connection with the supply of the Goods and related services or their use by you; or
      2. loss of profit, loss of business, business interruption, or loss of business opportunity.
      3. perdita di affari o di opportunità di commercio che non sia stata cagionata da inadempimento della Nelesti S.r.l..
   2. We shall repair or replace (and shall reimburse any delivery costs), free of charge (including costs of re-delivery) any goods damaged or lost in transit where delivery has been made by our carrier, provided that:
      1. you give us written notification of such damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the anticipated delivery date notified by the carrier in the case of loss, in order that we may comply with our carrier's conditions of carriage;
      2. you produce to us any receipt or other documents relating to the goods in question together with (in the case of a claim for damage) the original packaging for the goods.

   7: YOUR RIGHT OF CANCELLATION

   • You have the right to change your mind, end the contract and receive a refund up to the end of 14 days after you (or someone you nominate) received the goods. You do not have a right to change your mind in respect of personalised goods.
   • To exercise your right of cancellation before the goods have been delivered to you, you must give notice to us by post to Nelesti S.r.l. Via del Lavoro, 71 – 40033 Casalecchio di Reno (Bologna), Italy or by calling our Client Service Team on +39 051 0954026 or by sending us an email at boarini-milanesi@boarini-milanesi.com, giving details of the goods ordered and (where appropriate) their delivery. We will fully refund or re-credit you (excluding the cost of Express delivery) not later than 14 calendar days after the day on which we have received notice from you about your decision to cancel the order.
   • If you change your mind and end the contract for any reason after the goods have been dispatched to you or you have received them, you must return them to us. You will be responsible for returning the goods in their original packaging, complete with all related accessories, instruction booklets, labels, protective covers and boxes, together with the duly completed Return Voucher and the original invoice. If you end the contract due to a faulty product, to return the goods, we will provide a complimentary collection service, whereby we will collect the item(s) you wish to return from your preferred address. To do so, you must call our Client Service team on +39 051 0954026 and they will arrange the date and time for collecting your item(s). You must allow us to collect the goods within 14 days of telling us you have changed your mind and wish to end the contract. If the reason for ending the contract is not a faulty product, all shipping costs and customs duties, if applicable, to return the items to us will be borne by you. We will refund you by the method you used for payment. We will make any refunds due to you as soon as possible.
   • If you do not allow us to collect the goods or do not send us proof that you have shipped the goods to us within 14 days of telling us that you wish to return them, this will be intended as a clear sign that you no longer wish to end the contract. You will thus keep the goods and we will not be liable for a refund.
   • According to article 57 of the Consumer Code, the Customer is responsible for the reduction in value of the goods purchased caused by their improper handling of the products. We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If the goods you have returned to us are damaged, incomplete, deteriorated, dirty or their condition reveals that they have been used, we will not refund you.
   • If the product you ordered is a gift, the right to change your mind and end the contract under this condition can only be exercised by you and cannot in any circumstances be exercised by the recipient of the gift.

   8: EXCHANGE OF GOODS

   1. When you buy goods from any retailer, the goods must be of satisfactory quality, fit for their purpose and as described.
   2. If they do not meet these standards, you will be able to claim a refund or replacement or repair and/or compensation from the retailer. If there is a problem with your goods, please let us know by contacting us on +39 051 0954026 or by email at boarini-milanesi@boarini-milanesi.com.
   3. In addition to your legal rights, and your rights to cancel as set out above, we operate an exchange policy for our customers in respect of items delivered (other than personalised goods), subject to the following conditions:
      Within 14 days following the date of delivery / collection, you may choose to:
      1. Exchange the items in question, in their original packaging, complete with any related accessories or instruction booklets, labels, protective covers and boxes, together with the original invoice and the Return Voucher, by way of our collection service or by sending the products with a carrier/post of your choice as detailed above in Condition 7.3. No new delivery can take place until we have received the returned goods from you.
      2. In order to proceed with the exchange, the returned item(s) must be placed in their original packaging with a copy of the invoice attached.
      3. No exchange will be offered for goods that are returned by the Customer incomplete, damaged or soiled. You must take care of the goods if you wish to exchange them.
   4. In the event that goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale. Any credit balance will be either re-credited directly to your bank account or a credit card. Any additional payment will be debited directly from your credit card.
   5. Please note that you will not be permitted to exchange goods which you have received as a result of the completion of a prior exchange.

   9: WARRANTY

   It is your duty to accurately check that the goods you have received are those you have ordered. In case of a non-conformity, you must inform our Client Service team and return the goods to us, following the provisions of Condition 7 if applicable. We shall be liable for material defects in accordance with the applicable legal provisions of Italian law and in particular in accordance with articles 128, 129, 130, 132 of the Consumer Code.

   10: RETURN AND EXCHANGE POLICY FOR PERSONALISED GOODS

   In accordance with the provisions of the Consumer Code, Conditions 7 and 8 are not applicable to personalised goods. In view of the fact that personalised goods are designed, crafted or decorated following your specific instructions and taste, they cannot be returned or exchanged. A refund is not possible either.

   11: FURTHER INFORMATION

   For further information relating to these Conditions, or the Goods themselves, or to voice a complaint or a request for a refund/exchange, you should contact our Client Service team by calling tel. no. +39 051 0954026 or writing to boarini-milanesi@boarini-milanesi.com. It will be your duty to ensure that the message you have sent has been received by Nelesti S.r.l.

   12: INTELLECTUAL PROPERTY RIGHTS

   The "Boarini Milanesi" trade mark as well as all trade-marks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of Nelesti S.r.l., a company incorporated in Italy (registered at the Companies Register of Bologna – REA BO nr. 528526), whose registered office is at Via del Lavoro, 71 – 40033 Casalecchio di Reno (BO) Italy. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

   13: DELAY OR FAILURE TO PERFORM

   We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.

   We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence or within 7 days since the moment in which we become aware of the fact, and will arrange a new delivery date with you once the relevant event is over. Should this interruption continue beyond a period of 30 days, you will be entitled to cancel the order. If you opt to cancel, you will have to return any relevant goods you have already received and we will refund the price you have paid, including any delivery charges.

   14: GOVERNING LAW

   The Contract and any dispute or claim arising out of or in connection with it, its subject matter or formation shall be governed by and construed in accordance with Italian law.

   The Parties irrevocably agree that the courts that will have jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract its subject matter or formation will be determined in accordance with art. 66bis of the Consumer Code. The applicability of the Vienna Sales Convention or any other laws governing international sales is excluded.