Terms of service

Terms and Conditions Welcome to BASE BOTIQUE’s official web store, one
of the main online retailers of luxury fashion. Our legal head quarter
is in Piazza Podestà 2, - 21100 Varese Italy, phone: +39 0332 241 288,
Share Capital € 540.000,00 i.v / C.F./P.IVA/Business register
02675190132 N. REA VA-0281657. The access and the use of this e-commerce
web site www.basebotique.com (from now on referred to as the “Website”),
as well as the purchase of products from the company Base Botique (from
now on referred to as the “Seller”) presuppose having read, knowing and
accepting the following General Conditions of Sale.

The present General Conditions of Sale will apply when a purchase of
products will be made through the Website by users qualifying as
“Clients” and the Seller and are governed by online sales agreements
Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree
no. 206/2005, amended by Legislative Decree no. 21/2014 and by
Legislative Decree no. 70/2003.

GENERAL CONDITIONS OF SALE

The following General Conditions of Sale regulate all sale contracts
finalized between the Seller and the Client through the Website. Every
purchase is regulated by the General Conditions of Sale in the version
published on the Website at the time of the order by the Client. The
Client is required to view the following General Conditions of Sale and
accept them, in particular the pre-contractual information, before
confirming the order.

When transmitting an order, the Customer accepts that the confirmation
of the information about the order and these Terms and Conditions of
Sale are sent via e-mail to the address stated when signing in on the
Website, or during the purchasing process. In order to purchase through
the Website, the Customer must have the legal age (18 years). Any costs
for the Internet connection to the Website, including the telephone, are
the sole responsibility of the customer according to the rates applied
by the operator selected by the customer.

The Customer, prior to the conclusion of the purchase contract, examines
the features of the goods that are described in the individual product
data sheets at the time of selection by the customer. Prior to the
conclusion of the purchase contract and before the confirmation of the
order with “payment obligation”, the customer is informed regarding: -
Total price of the goods inclusive of taxes, with details of postage and
any other costs; - Mode of payment; - The period within which the seller
agrees to deliver the goods; - Terms, conditions and procedures for
exercising the right of withdrawal; - The existence of the legal
guarantee for goods purchased; - Terms of after-sales service and
commercial warranties provided by the Seller. The Customer may at any
time before the conclusion of the contract, take note of information
concerning BASE BOTIQUE, geographical address, phone number, email
address, information that is reported, including the following: BASE
BOTIQUE S.r.l. Piazza Podestà 2, Varese Italy (phone: +39 0332 241 288;
customercare@basebotique.com C.F./P.IVA/ Business register 02675190132
N. REA VA-0281657)

FEATURES OF PRODUCTS eatures of products and their availability in
different geographical areas

Products are sold with the characteristics described on the Website and
in accordance with the terms and conditions of sale posted on the
Website at the time of the order by the Customer, to the exclusion of
any other term or condition. The Seller reserves the right to change
these terms and conditions of sale at any time at its sole discretion,
without providing prior notice to Users of the Website. Any changes will
be effective from the date of publishing on the website and will apply
only to sales concluded on or after that date. Prices, products for sale
on the Site and their characteristics, are subject to change without
notice. Before sending the purchase order, the customer is asked to
verify the final sale price. Site users can access all over the world,
and the Website may contain references to products that are not
available or can not be purchased in the country of the visitor to the
Site. The Products purchased on the Website are available only to users
who, in the section of the website dedicated specifically, require the
delivery in one of the countries that are listed on the site.

Completion of contract

The offers on www.basebotique.com are not binding on the Seller and do
not constitute an offer to the public, but simple “invitatio ad
offerendum”. The order of the customer has the value of a binding
contract. The order is accepted by the Seller with a receipt sent via
e-mail, which contains a list of the conditions of sale, a description
of the product features, the essential elements of the contract (price,
mode of payment). The Products displayed on the Website are purchased by
selecting them and by inserting them into the cart. Once the Client has
selected the Products and wants to purchase those placed in the cart,
the customer will be asked to provide the data required in order to
allow the completion of the Contract. In particular, the Customer will
be required to provide their personal details: e-mail address, address
for the delivery of the Products, billing address, tax code/ fiscal code
and a telephone number where the customer can be contacted in order to
inform him of the possible date of delivery of the Products. If the
customer opts for the mode of payment by credit card, he will be
required to communicate the details of the credit card via secure
connection. For accounting and administrative purposes the Seller
reserves the right to verify the details given by the customer. In case
of payment by credit card, the purchase amount will be charged to the
customer after the order is completed on the site. The Customer may pay
for the Products ordered through one of the payment methods indicated on
the Website. Under art. 51 of the Consumer Code, we inform the customer
that the order entails the obligation to pay.

Payment

The Customer expressly agrees that the execution of the Contract by the
Seller shall start at the date the money transfer is received on the
Seller’s bank account. The prices of the Products indicated on the
Website include all applicable taxes and fees. The prices of the
Products, on the other hand, do not include shipping and delivery costs
which will be indicated at the beginning of the Product purchase
procedure. The prices of the Products may be subject to variations. The
Customer, therefore, should check the final sale price before sending
the relative order form. The payment methods can be found on the
Payments Methods page of the Website, as well as indicated in the single
purchase order form, and they are an integral part of the General Sales
Conditions. The purchase price of the Products and the shipping costs,
as indicated in the order form, will be charged after the Customer has
sent the purchase order and before the Products are shipped by the
Seller. If the payment is by credit card, the financial information
(such as credit/debit card number and expiry date) will be sent by
cryptographic protocol to banks or companies that supply the electronic
remote payment without third party access to it. This information will
never be used by the Seller except for completing the purchase
procedures or for reimbursement in the case where the Products are
returned, after the right of withdrawal have been implemented, or if it
is necessary to prevent or inform the police about fraud on the Website.
If the Product is delivered to a country belonging to the European
Union, no customs clearance costs, such as import taxes and/or duties,
should be due. However, in the case of delivery to a country not
belonging to the European Union, the Products sold may be subject to
customs clearance costs, such as import taxes and/or duties, payable
upon arrival of the Product in the country of delivery. Customs
clearance costs cannot be foreseen in advance by the Seller and are, in
any case, entirely borne by the Customer. For further information, the
Customer can contact the customs office of the country of delivery of
the Product.

Guarantee

Under the European Directive 44/99/EC and the Italian Legislative Decree
n. 206/2005 (Consumer Code) and the rules and regulations referred to in
Articles 128, 129, 130, 131, 132, 133, 134, 135 and subsequent
amendments to the Decree. 206/2005, under which the Seller guarantees to
the Customer, who qualifies as a “Consumer”, that the Products will be
free from defects in design and material and conform to the descriptions
posted on the Site. The application of any guarantee does not apply in
case the use or the cleaning of the product does not comply with the
instructions and warnings provided by the Seller and/or in the
description on the tags or labels. The Customer will examine the
products in the shortest possible time and will send to the Seller, by
e-mail or registered mail, an explicit complaint with an indication of
the defect and/or non-compliances identified, and the relevant
documentation as indicated in the return form (at least one photograph
of the product, the order confirmation sent by the Seller and the
receipt). Following the receipt of the form and accompanying
documentation, the Seller will assess the defects or non-compliance
reported by the customer and, after making quality checks to verify the
non-conformity of the Product, will, at their discretion, decide whether
to authorize the return of the Product by the Customer, contacting the
Customer via e-mail at the address provided by the latter during the
process of registration on the Site. Authorization to return the
Products shall not constitute in any way recognition of defects or
non-compliance, existence of which will be confirmed after the return.
The Products for which the Seller has authorized the refund will be sent
by the Client, together with a copy of the return authorization within
14 days of notification of the defect or non-conformity to the following
address: Base Botique Via Casale Litta 1 21020 Varano Borghi (Va),
Italia.

Delivery of goods

The delivery of the Products ordered on the Website is carried out by
express delivery. The costs, methods and delivery time of the Products
are given in the Shipping and Returns page and in each purchase order
form and they are integral part of the General Sales Conditions.

The delivery time of the Products of the Website are just an indication
and include only working days, but not bank holidays.

Availability of the goods

If the item purchased by the Customer is no longer available, he/she
will receive written notice at the same time as the total refund of the
order. Any requests to change the shipping address and / or personal
data must be communicated to customercare@basebotique.com, and are
possible until the order is processed. Any type of modification
requested subsequent to the Customer’s receipt of the email with the
order tracking code will not be taken over.

Right of withdrawal

Pursuant to art. 49, paragraph 4, the Customers, qualifying as
Consumers, have the right to withdraw from the contract, without
indicating the reasons, within 14 days from when the Consumer or a third
party appointed by him has received the Product. Customers who purchase
with a VAT number cannot exercise the right of withdrawal.

Time and Methods of Returns

The methods and delivery time of the Products are given in the Shipping
and Returns page.

Product Liability

The provisions laid down in Directive 85/374 / EEC regarding damage
caused by the product, apply. The Seller, as the distributor, is freed
from responsibility by indicating the name of the manufacturer.

Safety

The user data is protected to the extent possible against loss,
falsification, manipulation and misuse by third parties. We guarantee: -
the highest level of reliability and safety to assure customers that the
site is secure - that the information submitted through the web browser
or other devices remain confidential. For further information of a legal
nature relating to the treatment and protection of user data, please
read the Privacy Policy of the site.

Force Majeure

The Seller shall not be liable in the event of a total or partial
default of its obligations arising from any contracts concluded under
the present general conditions of sale, if such failure is caused by
unpredictable events and/or natural events beyond its reasonable
control, including, without limitation but not limited to, catastrophic
natural events, acts of terrorism, war, riots, lack of electricity, the
general strike of workers in public and/or private, strike and / or
restrictions on the viability of couriers and air links.

Governing Law and Jurisdiction

Any contract of sale concluded between the Seller and the Customer in
accordance with these general conditions of sale shall be governed by,
and construed in accordance with, Italian laws. In any case, they will
be granted without prejudice to any further rights granted to Customer
by mandatory provisions of law in force in the State of residence of the
latter. Any disputes will be settled by the Court in Milano, except in
cases where such provision are not applicable due to the mandatory rules
of law in force in the country of residence of the customer.

Validity of Clauses

The headings of the terms used here are purely indicative and have no
effect on the identification of the contents and interpretation of this
contract. These General Conditions of Sale shall not affect the rights
conferred by Italian law to the Consumer. In the event that any
provision, or part of any provision, of these terms and conditions,
should be held to be invalid because it is inconsistent or contrary to
the rule of law, all other provisions of this Agreement, or parts of the
same provision, shall remain in full force and effect.

Final Provisions

The Customer acknowledges that he or she has not been induced to accede
to this contract by prior oral statements. If any of these Terms and
Conditions should be invalid or become invalid at a later date, this
does not affect the validity of the remainder of this contract. In this
case, the invalid clause is replaced with a term that represents it as
closely as possible in intent and economic purposes or with the
appropriate legal provisions. The Seller reserves the right to amend
these terms and conditions at any time. The amended general terms and
conditions are made available on the website www.basebotique.com.

Applicable law and resolution of dispute

The General Sales Conditions are ruled by the Italian law and, in
particular, by the provisions of the law decree dated 6th September 2005
no. 206, the “Consumer Code”, with reference to the provisions relevant
to distance contracts and the law decree dated 9th April 2003 No. 70
relevant to same aspects of electronic commerce. For any dispute
relevant to these General Conditions, the Customer can use the online
platform provided by the European Commission for the alternative
extra-judicial resolution of disputes (so-called ODR platform),
accessible on the website at the following link
https://webgate.ec.europa.eu/odr The Customer’s right to appeal to the
competent ordinary judge is reserved. The court applicable to sales
contracts concluded through the Website is that of the Customer’s place
of residence or domicile.