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TERMS OF SALE
Please note that the legally binding version of this document is the one available on the Italian version of the website. This translation is provided for illustrative purposes only and has no legal validity.
FOREWORD
This information is provided for the website "www.birdcagehats.com" owned by:
BIRDCAGEHATS OF SARA MEZZANZANICA
Dom. Fisc. address: VIA ROMA 18, SAN VITTORE OLONA 20028, MILAN (ITALY)
V.A.T.: 10869020965
ART. 1. SCOPE OF APPLICATION
Browsing this area gives the user access to Birdcage Hats, which is accessible via the URL: www.birdcagehats.com.
Browsing and transmitting a purchase order on the site implies acceptance of the General Conditions of Sale and Privacy Policy adopted by the site.
1.1 Any transaction conducted on www.birdcagehats.com constitutes a remote agreement governed by Chapter I°, Title III° (art. 45 et seq.) of Legislative Decree September 6, 2005, no. 206 (Consumer Code) and Legislative Decree April 9, 2003, no. 70, which regulates electronic commerce.
1.2 These Terms of Sale are applicable to all transactions conducted by Birdcage Hats on www.birdcagehats.com, with the terms specified referring to business days, excluding Saturdays, Sundays, and national holidays.
1.3 Birdcage Hats reserves the right to unilaterally modify the Terms of Sale without prior notice. Any amendments and/or new conditions will take effect upon their publication on www.birdcagehats.com. Users are encouraged to regularly visit the website and review the most current version of the Terms of Sale before making any purchases.
1.4 The Terms of Sale in effect on the date of submitting a purchase order will apply. It is recommended that users download and print a copy of the purchase form and these Terms of Sale for reference.
1.5 These Terms and Conditions of Sale exclusively govern the sale of products and/or services by Birdcage Hats on www.birdcagehats.com. Transactions with third parties, which may be accessible through links, banners, or hypertext links on the site, are subject to their respective terms and conditions. Birdcage Hats is not responsible for the services and/or products offered by such third parties and does not exercise control or monitoring over the websites accessible through these links. Consequently, Birdcage Hats assumes no responsibility for the content of these sites or any errors, omissions, or legal violations they may contain.
1.6 Users are accountable for diligently reviewing these Terms and Conditions, as well as all additional information provided by Birdcage Hats on www.birdcagehats.com, especially during the purchase process.
ART. 2. PURCHASING A PRODUCT ON THE WEBSITE
2.1 Purchasing on the website www.birdcagehats.com is also possible without registering on the site.
2.2 Purchases are permitted for users who qualify as consumers. In accordance with Article 3, Paragraph 1, Letter a) of the Consumer Code, it is reminded that consumers are individuals who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activities they may engage in.
2.3 Birdcage Hats reserves the right to refuse or cancel orders from users who have provided false, incomplete, or otherwise inaccurate identifying information, or who have not promptly submitted the documents requested by Birdcage Hats or have submitted invalid documents.
ART. 3. SIGNING UP TO THE WEBSITE
3.1 To register on the website www.birdcagehats.com, the user must complete the provided form. Upon registration, the username is automatically generated based on the last name, first name, or email, and an account password is also automatically created. The following information will be requested during registration: name, last name, shipping address, phone number, and email.
3.2 The user commits to immediately inform Birdcage Hats if they suspect or become aware of any unauthorized use or disclosure of access credentials to the website www.birdcagehats.com.
3.3 The user registered on the website www.birdcagehats.com guarantees that the personal information provided by them is complete and truthful, and they undertake to hold Birdcage Hats harmless and indemnified from any damage, compensation obligation, and/or penalty resulting from and/or in any way connected to the user's violation of the rules regarding registration on the website www.birdcagehats.com or the safekeeping of registration credentials and/or the provision of false, incomplete, or otherwise inaccurate personal data, with Birdcage Hats retaining the right to disable the user's account.
3.4 Confirmation will in any case exempt Birdcage Hats from any liability regarding the data provided by the user. The user agrees to promptly inform Birdcage Hats of any changes to their data that have been communicated at any time.
3.5 Furthermore, if the user provides inaccurate or incomplete data, or if there is a dispute by interested parties regarding payments made, Birdcage Hats will have the authority to refrain from activating or suspending the service until the respective issues are resolved.
ART. 4. CONCLUSION OF THE CONTRACT
4.1 In accordance with Legislative Decree April 9, 2003, No. 70, which regulates electronic commerce, Birdcage Hats informs you that to finalize a purchase contract on the website www.birdcagehats.com, you will need to complete the electronic form and transmit it following the provided instructions. Once we receive the order form, Birdcage Hats will send you an order confirmation to the email address you provided, containing information about the purchase's characteristics.
4.2 The electronic form includes references to the General Terms and Conditions of Sale and the Privacy Policy, images and prices of each product, available payment methods, and any shipping costs.
4.3 Before concluding the contract, you will be required to confirm that you have read the General Terms and Conditions of Sale, which include information on the right of withdrawal and the processing of personal data.
4.4 The contract is concluded when the seller receives the completed form from the user, after verifying the accuracy of the information therein.
4.5 The buyer is obligated to make the payment from the moment the online order submission process is completed, which occurs by clicking the "PLACE ORDER" (or equivalent) button at the end of the guided procedure.
4.6 Once the contract is concluded, the seller takes charge of the order for processing.
ART. 5. PRODUCT AVAILABILITY
5.1 The Products offered on the Website are in limited quantities. Therefore, it may happen, also due to the possibility of multiple users purchasing the same Product simultaneously, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 Even after sending the order confirmation email, there may be cases of partial or total unavailability of the merchandise. In this event, the order will be automatically adjusted by removing the unavailable product, and the buyer will be promptly informed via email.
5.3 You will be notified in case of unavailability of the ordered Product. In this scenario, you have the right to terminate the purchase contract under the terms and effects provided for in Article 61, paragraphs IV and V, of the Consumer Code.
5.5 If a refund is requested for payments made for Products that have subsequently been found to be unavailable, the Company will issue the refund within a maximum period of 30 days.
5.6 In the event that you exercise the right of termination under Article 61, paragraphs IV and V, of the Consumer Code, the contract is terminated. If the payment of the total amount due, consisting of the Product price, applicable shipping costs, if any, and any other additional costs as specified in the order (Total Amount Due), has already been made, the Company will refund the Total Amount Due in accordance with the "Payment Methods" section below.
ART. 6. INFORMATION SHEET AND COMMERCIALIZED PRODUCTS
6.1 Birdcage Hats offers: headbands, hats, and accessories. The detailed product range is available on our website www.birdcagehats.com.
6.2 Each product is accompanied by an informative page that highlights its key features. The images and descriptions on the website aim to faithfully represent the product characteristics. However, the colors of the products may vary from the actual ones due to the settings of computer systems or devices you use for viewing. Additionally, product images may differ in size or with respect to any accompanying accessories. These images should therefore be considered as indicative and subject to reasonable variations.
ART. 7. PRICES
7.1 The price of the products will be as indicated on the website at the time of purchase, unless there is an obvious error.
7.2 In the event of an error, Birdcage Hats will promptly notify the buyer, allowing them to confirm the order at the correct price or cancel it. However, Birdcage Hats is not obligated to provide the sold items at the erroneously lower price.
7.3 All prices of the Products published on the website www.birdcagehats.com are to be understood as exempt from VAT, as they fall under the flat-rate fiscal scheme as per Article 1, paragraph 58, Law No. 190/2014 (and subsequent amendments), and are therefore not subject to VAT or withholding tax.
7.4 Birdcage Hats reserves the right to change the prices of the Products at any time without notice, provided that the price charged to the user will be the one indicated on the website at the time the order is placed, and any subsequent changes (whether increases or decreases) will not be considered.
7.5 Shipping costs, if applicable, are expressly and separately indicated in the order form before the user proceeds with its submission.
ART. 8. ORDERS OF PURCHASE
8.1 Birdcage Hats will only ship the Products after receiving confirmation of payment authorization or the actual crediting of the Total Amount Due. Ownership of the Products will be transferred to the user upon shipment, defined as the moment when the Product is handed over to the carrier. The risk of loss or damage to the Products, not attributable to Birdcage Hats, will be transferred to the user when the user, or a third party designated by the user and different from the carrier, physically takes possession of the Products.
8.2 The purchase contract is subject to resolution in the event of non-payment of the Total Amount Due. Unless otherwise agreed in writing with the user, the order will be canceled accordingly.
8.3 To place an order, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the appropriate checkbox in the pages of the purchasing process. Failure to accept these General Terms and Conditions of Sale will result in the inability to make purchases on the website www.birdcagehats.com.
ART. 9. PAYMENT METHODS
9.1 The following payment methods are accepted on the website www.birdcagehats.com: PayPal, credit/debit card, and bank transfer.
9.2 Purchases via credit/debit card are possible on the website www.birdcagehats.com. The birdcagehats.com website uses the Stripe platform to process credit/debit card transactions. Customers are kindly requested to refer to the pages https://stripe.com/it/privacy and https://stripe.com/it/legal/cookies-policy for more information on how the platform operates.
9.3 Purchases can also be made on the website www.birdcagehats.com using the PayPal payment solution. If the user chooses PayPal as the payment method, they will be redirected to the website www.paypal.it to complete the payment according to PayPal's established procedure and the terms and conditions agreed upon between the user and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be transmitted or shared with Birdcage Hats. Therefore, Birdcage Hats is unable to access or store any data related to the user's payment card linked to their PayPal account or any other payment instrument connected to that account.
In the case of payment through PayPal, the Total Amount Due will be charged to the user by PayPal upon the conclusion of the contract. In the event of contract termination or any other form of refund, the refund amount due to the user will be credited to their PayPal account. The crediting time to the payment instrument linked to that account depends solely on PayPal and the banking system. Once the credit order is issued to that account, Birdcage Hats cannot be held responsible for any delays or omissions in the refund amount, and for any disputes related to this, the user should directly contact PayPal. Any refunds under these General Terms and Conditions of Sale will be credited to the user's PayPal account.
9.4 In case the user selects bank transfer as the payment method, Birdcage Hats, upon receiving the order, will provide the bank details and the deadline for making the transfer. Following this, a confirmation email of the order will be sent, which may contain a request to email the receipt of the completed transfer or confirmation of its execution and the user's tax code to proceed with invoice issuance. In the case of payment via bank transfer, the delivery times of the Product indicated on the Website will begin from the date of receipt of the transfer by Birdcage Hats, not from the date of order transmission, as is the case when the user chooses other payment methods.
From the date of order placement, the user must arrange payment within 1 working day. In the absence of payment, Birdcage Hats reserves the right to cancel the order within the following 2 working days.
ART. 10. PRODUCT SHIPPING
10.1 Birdcage Hats offers shipping to the entire Italian, European, and non-European territory, delivering only to the user's provided address at the time of purchase. The obligation to deliver is fulfilled by transferring the material availability or control of the Product to the user.
10.2 Shipping costs are indicated on the Website and/or on the Product Sheet as applicable.
10.3 Starting from the order dispatch date, the Products will be delivered within 15 days. In case a specific delivery timeframe is not specified, it will be carried out within thirty days from the date of the contract's conclusion.
10.4 It is your responsibility to check the condition of the delivered Product. While the risk of loss or damage to the Product, not attributable to Birdcage Hats, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, Birdcage Hats recommends that you verify the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including any sealing materials.
For your own interest, you are encouraged to note any anomalies on the carrier's transport document and accept the package with reservations. In case the packaging shows clear signs of tampering or alteration, it is advisable to promptly inform Birdcage Hats. However, the application of withdrawal rights (if applicable to the Product) and legal warranty of conformity remains in effect.
ART. 11. RETURN POLICY
11.1 In the case of purchasing custom-made or clearly personalized items on the website www.birdcagehats.com, unless otherwise indicated, the user does not have the right of withdrawal as provided in Article 52 of the Consumer Code with reference to the Product or Products specified in this article.
11.2 If you are a consumer, you have the right to withdraw from the contract of purchase of the Product without providing any reason and without incurring any costs other than those specified in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
- In the case of an order relating to a single Product, from the day you or a third party, other than the carrier and designated by you, physically takes possession of the Products;
- In the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, physically takes possession of the last Product; or
- In the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, physically takes possession of the last lot or piece.
11.3 To exercise the right of withdrawal, you must inform Birdcage Hats, before the end of the Withdrawal Period, of your decision to withdraw
11.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by you before the end of the Withdrawal Period. This communication must be sent in the following manner:
Email: info@birdcagehats.com.
Please note that since the burden of proving the exercise of the right of withdrawal before the end of the Withdrawal Period lies with you, it is in your interest to use a durable medium when communicating the withdrawal to Birdcage Hats.
11.5 In the event of exercising the right of withdrawal, you must send the Product to the Fiscal Domicile indicated in the heading of these General Terms and Conditions of Sale by mail.
11.6 The direct costs of returning the Products are borne by you, as well as responsibility for their transport. To this end, the return must be made using a method that provides a shipping receipt, and you should consider insuring your shipment based on the purchase you have made. Keep the shipping receipt, as it will serve as proof of the return.
11.7 If you withdraw from the contract, Birdcage Hats will initiate the refund process upon receipt of the Products, and will refund the Total Amount Due, including delivery costs if applicable, without undue delay and in any case within 14 calendar days from the day Birdcage Hats receives the Product for which the withdrawal is initiated. The refund will be made using the same payment method used for the initial transaction.
11.8 You are solely responsible for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must still be kept, handled, and inspected with normal diligence and returned:
- Intact,
- In the original packaging,
- Complete in every part, fully functional, accompanied by all accessories, instructional leaflets, and tax documentation,
- With the identifying labels, tags, and disposable seal (if present) still attached to the Product, intact and unaltered,
- Perfectly suitable for the purpose for which it is intended,
- Free from signs of wear or dirt.
These withdrawal rules apply to the entire Product and cannot, therefore, be exercised with regard to parts and/or accessories of the Product.
11.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Product, Birdcage Hats reserves the right to deduct from the refund an amount equal to such decrease in value. Birdcage Hats will inform you of this circumstance and the resulting reduced refund amount within 5 days from the receipt of the Product, providing, in case the refund has already been made, the bank details for payment of the amount due to you due to the decrease in the value of the Product.
11.10 If the right of withdrawal is not exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. Birdcage Hats will notify you of this within 5 (working) days from the receipt of the Product, rejecting the withdrawal request. The Product will remain at Birdcage Hats' disposal for collection, which must be at your expense and under your responsibility.
11.11 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to you will be calculated in proportion to the value of the Product being withdrawn. Therefore, if, for example, you have placed an overall order of €200.00, which includes two Products, the first valued at €50.00 and the second at €150.00, and you return the Product valued at €150.00, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be refunded cannot exceed the amount actually paid.
ART. 12. DATA PROCESSING
12.1 User data is processed in accordance with the provisions of the personal data protection regulations, as specified in the specific section containing the information pursuant to Article 13 of EU Regulation 2016/679, which can be consulted on the page https://birdcagehats.com/privacy-policy .
ART. 13. LEGAL WARRANTY
All products sold on the website www.birdcagehats.com are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code (Legal Warranty).
To Whom it Applies
The Legal Warranty is reserved for customers. Therefore, it applies only to users who have made purchases on the website www.birdcagehats.com for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activities they may carry out.
When it Applies
Birdcage Hats is responsible to the consumer for any lack of conformity of the product that occurs within two years from the date of delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.
Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months from the delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.
To take advantage of the Legal Warranty, the consumer must first provide proof of the purchase date and delivery of the product. Therefore, it is advisable for the consumer to keep the purchase invoice or any other document that can attest to the date of purchase (e.g., credit card statement) and the date of delivery.
In the event of contract termination, Birdcagehats will refund the consumer the total amount paid, consisting of the purchase price of the product, shipping costs, and any other additional costs. In the case of a price reduction, Birdcage Hats will refund the amount of the reduction, previously agreed upon with the consumer. The refund or reduction amount will be credited to the payment method used by the consumer for the purchase.
Birdcage Hats is not responsible for damages of any kind resulting from improper use and/or non-compliance with the manufacturer's instructions, as well as damages resulting from unforeseeable circumstances, force majeure, or normal wear and tear from the product's use.
ART. 14. APPLICABLE LAW AND JURISDICTION
14.1 These Terms of Sale are governed by Italian law and shall be interpreted in accordance with it, except for any conflicting mandatory rules of the consumer's habitual residence country. Consequently, the interpretation, execution, and resolution of these General Terms and Conditions of Sale are subject exclusively to Italian law.
14.2 Any disputes related to or arising from these General Terms and Conditions of Sale shall be exclusively resolved by the Italian judicial authority. In particular, if the buyer is a Consumer, any disputes shall be settled by the court of the place of residence or domicile of the same, in accordance with the applicable law.
ART. 15. CUSTOMER SERVICE AND COMPLAINTS
You can request information, send communications, seek assistance, or file complaints by contacting Birdcage Hats via email at the following address: info@birdcagehats.com. Birdcage Hats will respond to complaints within 5 days of receiving them.
These conditions were drafted on April 29, 2020.
Email: info@birdcagehats.com
Telephone: +39 328 12 73 586
Via Roma 18, San Vittore Olona 20028 (MI)
VAT: 10869020965 | © Birdcage Hats
