Terms of sale

INTRODUCTION

The company, Menicacci s.a.s., owns the registered trademark Bobool (hereinafter the seller), with its registered office in Florence 50144 - Via Maragliano 29/31 and operational headquarters in Florence 50136 - Via Rocca Tedalda 381. It sells bathroom furniture, tiles, parquet and laminates.

These conditions of sale apply to product sales concluded through the website www.bobool.it, as per ongoing national and European regulations relating thereto, including the Legislative Decree no. 70/2003, Legislative Decree no. 206/2005 and subsequent amendments (hereinafter the Consumer Code) and the European Directive no. 2011/83 EU on customer rights.

The sale of the products on www.bobool.it are aimed at customers of age, otherwise, the consent of their parents or a legal guardian is required.

In the event that the customer enters false, invented or fictional data, in communications or during the online order, the seller reserves the right to legally pursue such actions for the protection of consumer rights.

The "confirmation of the order" by the purchaser implies the unreserved acceptance of these general conditions of sale which prevail over all previous or specific versions generated by the purchaser, including the exchange of emails.

SALES CONTRACT AND PUBLIC OFFERING THROUGH ELECTRONIC COMMERCE SERVICE

The products and services and the relative prices indicated on the site make up an offer to the public as indicated in these conditions of sale and apply exclusively to purchases made on the site www.bobool.it. The contracts stipulated on the website www.bobool.it concerning the products and services are concluded with Menicacci s.a.s. owner of the Bobool brand.

By online sales contract we mean the remote contract concerning the sale of products and services stipulated between the customer and the seller through the use of an electronic commerce system managed by the seller via the Internet.

The customer makes a contract proposal relating to one or more products, placing an order on the website www.bobool.it, and then transmitting the information to the seller.

Once the order has been sent by the customer, the seller will take charge of this order and process it.

The seller will send the customer an order confirmation to the address entered by the customer at the time of the order, this communication includes the products and services with the relative quantities chosen by the customer, the prices, the shipping costs, the order number and the delivery address and any specific customer requests.

The customer is required to verify this information and, in the event of any corrections, communicate them within 24 (twenty-four) hours of receiving the order confirmation.

If the seller does not receive correction communications from the customer, he will proceed to fulfill the order.

In the event of lack of solvency guarantees (e.g. payment by bank transfer not made or made more than 5 days after the order) the seller may refuse the customer's purchase order and will inform him by e-mail that the purchase contract is not concluded and that the order will not be completed and processed; in the event that the customer has proceeded with the payment in the meantime, the seller will refund the amount according to the terms of the law.

Specifically in the event that the products ordered by the customer are no longer available or for sale, or in the event of stock errors, the seller will promptly contact the customer by e-mail within thirty (30) working days starting from the day following that of transmission of the order by the customer.

The purchase contract between the seller and the customer is considered concluded when the seller sends the customer confirmation of shipment of the products by e-mail.

ORDERS

The order is processed the day after payment is received.

In the case of tiles, parquet and laminates, for convenience, the price referred to 1 square metre of product is also indicated. All prices are indicated in EURO, and include VAT.

The prices of products and services, including shipping and delivery costs indicated on www.bobool.it, may also vary substantially over time. The prices relating to a specific order are those indicated on www.bobool.it when the customer confirms the order.

Once the order has been confirmed, changing the prices of the products and services included in a given order is not permitted, even if these products and services have a different price on www.bobool.it at a later time.

The transport of all large materials (at least 1 side over 2.40 ml) must be quoted upon request by the seller for different problems relating to unloading.

PAYMENTS

Payment can be made by bank transfer, credit card, PayPal or Scalapay.

 The customer who pays by bank transfer is required to pay the balance within 3 working days from the order confirmation, after which the order could be cancelled by the seller.

Orders paid by bank transfer shall be processed at the time of the effective bank credit.

 If you buy with Scalapay, your order is immediately processed and you pay in the number of installments you have chosen. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and you authorize this transfer.

DELIVERY TIMES AND COSTS

Products are delivered to the address requested by the customer.

Delivery takes place within the times specified in the product sheet and the days shown are to be considered "working days": for products with immediate availability, delivery to the courier is scheduled within 48 hours after payment has been received; in the event that one or more products of the order are not available, the seller’s staff will evaluate whether to make a single delivery or more deliveries, informing the customer in advance.

If the seller cannot guarantee the timing of any reordering of temporarily out of stock lots, they will promptly notify the customer and will replace the material or return the sums already paid, following the customer’s instructions.

During the summer and on national holidays, deliveries may be delayed.

Our rates include:

• telephone contact by the courier to arrange delivery;
• insurance on all shipments;
• shipment traceability;

Delivery always takes place at street level. For each shipment that requires the use of a pallet (possibly necessary in relation to the quantity and/or weight of the products), the delivery will take place with the hydraulic tailgate on the vehicle, as close as possible to the delivery address.

Our deliveries have no surcharge for remote areas, but for these places, the delivery times may be delayed.

The costs are calculated directly from the site and are visible during the purchase process.

Below are the rates valid for all of Italy:

OVER 1200 KG, € 25.00 EVERY INDIVISIBLE 200 KG

By way of example, it is specified that 1 square metre of tiles weighs about 20/25 kg, a washbasin about 13/18 kg, a tap about 2/4 kg (these weights are to be considered indicative and net of packaging).

The transport of all large materials (at least 1 side over 2.40 ml) must be quoted upon request by the seller for different problems relating to unloading.

NB: Rates may be subject to change for reasons beyond the seller’s control, in this case, the buyer will be contacted as soon as possible

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DELIVERY AND RETURNS

Delivery

Upon delivery of the goods by the courier, it is advisable to check that:
- the number of packages delivered corresponds to what is indicated on the transport document;
- the packaging is intact, not damaged or altered even in the closing materials, such as adhesive tape or plasticised strapping, including metal staples that seal the straps. Furthermore, it must not show cuts, dents, signs of compression or contact with water.

Acceptance

 The possible acceptance options to be affixed to the courier’s transport document are summarised:

Any damage or mismatch in the number of packages or indications must be immediately reported to the courier who makes the delivery.
It is necessary to accept the bill by affixing next to the signature the words “Acceptance with reserve” on the courier’s transport document (not on the copy of the order), specifying the reason, eg. "Perforated packaging", "crushed packaging", etc. If the product is visibly damaged or the courier refuses the reserve on the delivery note, please refuse the product and indicate on the delivery note "package refused as it is visibly damaged" or "package refused because the courier refuses the reservation" and send us timely notice of this.
If the package is still intact on the outside, it is still mandatory to put the wording as above ("Acceptance with reserve, package intact")

NB: the acceptance with reserve must be strictly affixed personally by the customer themselves. Please do not accept if the courier communicates that they will affix this subsequently or if they claim to have already done so. This will mean that we will not receive any communication.
We remind you that it is essential to affix the words "Acceptance with reserve" to obtain compensation for any damages. It is mandatory to affix this wording even if the package is apparently intact on the outside. (Example: "I accept the goods with reserve, package intact"). Once the courier's document has been signed, the Customer shall not be able to make any objection about the external characteristics and physical integrity of what has been delivered. Therefore, in the absence of "Acceptance of the goods with reserve", any complaints shall not be taken into consideration and it will not be possible to start the procedures for any replacements. Any problems relating to the products received must be reported no later than 3 days from delivery (the date shown in the courier’s delivery note will be considered valid).
NB: please keep the receipt of shipment, packaging, damaged products and any proof of the accident carefully.
Episodes of missing items or damage on shipments are very rare. However, it is crucial, in the unfortunate event of this type, that the customer follows these instructions precisely. This allows you to correctly activate the procedures for claiming damages to the insurance and to quickly replace the damaged or stolen product. The unreserved acceptance of a package or the late reporting of the claim can make the damage non-refundable. Keep the original packaging, manuals and accessories carefully, as they are integral parts of the product you have just purchased.
The packaging must therefore be returned intact in case of return and must be a perfect container for any movement of the product.
If the order is not delivered within the deadline for reasons not attributable to us (e.g. address provided that is incorrect), the delivery costs and storage costs will be charged to the customer, which will be calculated on a case basis.

Returns

The management of returns is governed by current legislation. In the event of a return for exercising the right of withdrawal, please check the following paragraph, and it should be noted that returns that are incomplete, damaged, and without the original shipping packaging intact and that returns of custom-made or personalized products are not accepted .

In the event of a return for a product damaged during transport or incomplete, the Customer must notify the Seller by e-mail to bobool@bobool.it, within 24 hours, detailing the damage that the product has suffered. If the package has not been accepted with reserve, it will not be possible to proceed with the refund (see **DELIVERY** and **ACCEPTANCE**).

In the event of a return due to lack of conformity, the customer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or termination of the contract. The customer may, at his choice, ask the Seller to repair the goods or to replace them, free of charge in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other.

Pursuant to art. 57 paragraph 2 (Legislative Decree 206/2005 Consumer Code) the customer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods themselves.

RIGHT OF WITHDRAWAL

Information obligations concerning both distance contracts and contracts negotiated off business premises.

Information relating to the exercise of the right of withdrawal per Article 49, Paragraph 4 of the Consumer Code.

Right of withdrawal:

The customer has the right under the consumer code, Legislative Decree n. 206/2005 and subsequent amendments and additions, to withdraw from the contract within 14 days from the day when the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the goods without any penalty and without having to provide any reason.
To exercise the right of withdrawal, the customer is required to inform us of his decision to withdraw from this contract using a simple statement (for example, a letter sent by post, fax or email to bobool@bobool.it).
Any notice of withdrawal can be sent to the following address:

Menicacci s.a.s.

Via Rocca Tedalda 381

50136 Florence (FI) - ITALY

bobool@bobool.it

To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning their exercising the right of withdrawal before the withdrawal period has expired.
The right of withdrawal is lost if the returned product is not intact, that is:
- lack of original packaging or inconsistent packaging;
- the product has been installed, even partially;
- the absence of integral elements of the product (accessories, screws, components, etc ...) and packaging (labels, identification tag, codes, etc ...);
- damage to the product for reasons other than transport.
The customer is obliged to insure the shipment against theft and transport damage and to bear the relative costs.

The customer is requested to return the goods to our headquarters in Florence (FI) 50136 in Via Rocca Tedalda 381, without undue delay and in any case within 14 days from the day on which they communicated their withdrawal.
The direct and indirect costs of returning any goods will be borne by and charged to the customer.

The risk of deterioration of the goods is subject to the complete responsibility of the customer, up to the attestation of receipt of the goods at our warehouse, whether it is shipping or if the goods are damaged for reasons other than their transport.
We will proceed with the reimbursement within 14 days of receipt of the goods, unless we have successfully carried out the checks relating to the deadline for exercising the right of withdrawal, the integrity and suitability of the product and all the conditions listed for a correct exercising of the right of withdrawal.
All payments made by the customer, including delivery costs, will be refunded.
This refund will be made using the same payment method used by the customer for the initial transaction unless otherwise indicated by the customer; in any case, the customer will not have to incur any costs as a result of this reimbursement.
In the absence of the essential condition of integrity; of the goods and the additional conditions described above, the customer loses the right of withdrawal and the purchased product will remain; available at the warehouse for collection by the customer. The seller will notify of such event using a specific communication.
The right of withdrawal does NOT apply to made to measure or clearly personalised goods or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.

WARRANTY AND LIABILITY

Warranty

Bobool sells high-quality products, for which any warranty required by law is provided directly by the manufacturers per the relevant legislation.

Legal guarantees

The products are guaranteed against any lack of conformity and hidden defects according to the conditions set out in the provisions of the Consumer Code and the Civil Code. Extracts from the Consumer Code:

Article L. 211-4. The seller is required to deliver an item in compliance with the contract and is liable for any lack of conformity at the time of delivery. Likewise, they are liable for any lack of conformity resulting from the packaging, assembly instructions or installation if this is at their expense under the contract, or was carried out under their responsibility.

Article Law 211-5. To comply with the contract, the goods must: 1. - Be suitable for the use normally foreseen for a similar good and, according to the cases: correspond to the description given by the seller and possess the qualities; which it has presented to the buyer in the form of a sample or model; present the qualities that a buyer can; legitimately expect concerning the public statements made by the seller, the manufacturer or their representative, in this case in advertising; o labelling; 2. - Either present the characteristics defined by mutual agreement between the parties or be foreseen for any special use sought by the buyer, brought to the attention of the seller and which is accepted by the latter.

Article Law 211/12. The action resulting from the lack of conformity is prescribed for two years from the date of delivery of the goods.

Liabilities

Bobool undertakes no liability for inefficiencies attributable to force majeure such as accidents, explosions, fires, riots, strikes and/or lockdowns, earthquakes, floods, damage to computer systems, system failures, and other similar events that fully or partially prevented the contract's execution within the agreed time frame. Bobool shall not be liable for any damages, losses and/or costs incurred as a result of the non-execution of the contract for the reasons mentioned above. The customer is solely entitled to a refund of the amounts paid. Likewise, Bobool is not responsible for any fraudulent or illegal use of credit cards and other means of payment; at no time during the purchase procedure is the staff able to know the customer’s credit card number which, via a secure connection, is transmitted directly to the bank managing the service.

By accepting these conditions of sale Bobool is exonerated from any liability deriving from the issuance of tax documents and not incorrect, caused by incorrect data entry by the customer.

Bobool undertakes no responsibility resulting from errors or delays relating to the website www.bobool.it by the customer at the time of entering data or in the purchase procedure. Neither is the seller responsible for the impossibility of receiving the customer’s order confirmation, or for any error that may be caused by problems with the internet, failure of the email addresses, of the customer or the seller, or for any other event not foreseeable by the seller.

Bobool is always committed to ensuring that all the information on the site faithfully reflects the information relating to the products and services offered on www.bobool.it, for information we mean images, descriptions, technical characteristics, stock availability and prices, of the products and services offered on www.bobool.it. The seller shall not be liable for any errors, or textual or graphic inaccuracies relating to the products on the website www.bobool.it. All graphic and textual information relating to the products on www.bobool.it are to be considered indicative and illustrative.