The contractual terms and conditions (hereinafter "Terms and Conditions") exposed in the present document and divided into sections from 1 to 13, define the legal terms apply to your use of the site http://www.bowdoo.com (hereinafter "Bowdoo"), a his any subdomain and any other website operated, directly or indirectly, from Bowdoo, as well as any application for mobile devices (APP) or application developed by Bowdoo and services provided.
We invite you to carefully read the Terms and conditions with the view that, in the use of the services offered by Bowdoo, will agree to be bound by the same. The use of the website or the placement of an order will be construed as acceptance of the Terms and conditions.
Bowdoo does not store copies of the contracts between you (defined below "Users") and Bowdoo, relating to the provision of services or copies of the contracts between you and the seller (defined hereinafter also referred to as "Merchant") regarding the sale of the products, for which we suggest you print or save a copy of the Terms and conditions for any consultations. Bowdoo reserves the right to change the terms and conditions as a result of the introduction of new laws, industry regulations or amendments to its marketing policy or commercial; we therefore invite you to periodically consult the web site and the legal terms in force at that time and set out therein.
2. ABOUT BOWDOO
Bowdoo is a platform e-commerce online fashion that presents articles fashion, many brands and coming from various boutiques, via the site www.bowdoo.com.
Bowdoo is in properties of IXORA TEAM Srl, a company having its registered office in Italy to Trento 38121 (TN) in Via Solteri 74, C.F. e P. Iva: 01659630220.
When the user purchases a product through the site Bowdoo, the purchase is carried out by the Merchant indicated on the website. The contract of sale with the purchase of the product is therefore concluded directly between the user and the Merchant. The principal of the commercial transaction is therefore the Merchant and not Bowdoo, that proposes the sale of the product for the merchant's account but which do not form part of the contract between the Merchant and the user.
3) BOWDOO - shipping service
The services offered by Bowdoo allow the user to perform searches on the web site and to purchase products from a wide range of boutiques and brands worldwide. The provision of the service of delivery of the product between the user and the Merchant and therefore the user will stipulate with the Merchant a contract for the delivery of products purchased. The contract between the user and the Merchant is considered to be carried out at the time of the actual delivery of the products by the courier or the withdrawal of the products from the part of the user from the seat of the Merchant.
The User declares that it is therefore aware that:
1 The liability of the shipment is entirely at the expense of the merchant from whom you purchased the product. This excludes any liability of Bowdoo for delivery delays, for loss of product, for damage at the same during shipment and in any case for any and all inherent inefficiency or consequent shipping;
2. the preparation of the product for shipment, and consequently the delivery times, depend exclusively by the Merchant.
As regards the delivery of products apply in every case the following general rules:
4) LIABILITY OF BOWDOO TOWARD THE USER ABOUT SERVICES
In the event of failure to comply with these Terms and conditions, Bowdoo will be liable for any loss or damage suffered by the user if they are the foreseeable result of a breach of these Terms and conditions or negligence. Bowdoo will not be liable for any loss or damage that is not predictable. Loss or damage are predictable if they constitute an obvious consequence of a breach by Bowdoo or have been covered by Bowdoo and by the user at the time of the use of the services.
Bowdoo undertakes to provide a description as accurate as possible of the products offered by merchants on the website. However it is not possible to guarantee that all details are always accurate, complete or error free. For more information on the product the user can contact the Customer Service. The images of the products shown on the website have a purely illustrative purposes; the photographic reproduction of the same, although accurate, might not exactly reflect the actual color of the product due to limited or defective image reproduction in the computer of the user.
Bowdoo does not allow to merchants to propose for sale defective articles or products of lower quality than qualitative levels equivalent offered on the website or on the market. If an ordered item does not correspond to the description given or be defective or of lower quality, the user will be able to return it to the merchant in accordance with the rules referred to in the subsequent section 8 (return policy). In the moment in which the article is received by the merchant in question will be issued a full refund of the defective product or, alternatively, you will be offered a discount, replacement or repair of the article where possible. The Merchant will reimburse all shipping costs relevant.
As a consumer, the user enjoys the legal protection provided by the Legislative Decree of 6 September 2005, n. 206 (hereinafter only "Consumer Code"). Any provision of these Terms and Conditions shall affect the rights referred to in the code of consumption.
The products offered for sale by the merchants are provided exclusively for domestic use and private, they may not be used for commercial purposes nor for resale activity.
6) orders, PRICES AND PAYMENT
The procedure to be followed in order to carry out a purchase order is described in the relevant section of the website Bowdoo. In the moment in which completes the checkout process and is carried out the order with the button "Place Order" on the page of the checkout, the user confirms that you want to purchase products from Merchant.
All orders are subject to confirmation of the availability of the product and the cost of the order by the Merchant.
To place an order of products the user must have a minimum age of 18 years and possess a credit or debit card valid. The execution of the order by the user applies as confirmation of the truthfulness and accuracy of all personal data provided, of possession of the minimum age required to be an authorized user of the credit or debit card used for the payment and have sufficient funds on the current account to cover the cost of the order. The procedure on the web site allows the user to verify the order and to correct any errors before completing the purchase. It will be up to the user to check and verify the order at each step of the procedure, to ensure that the information given is accurate.
The identity of the Merchant is listed on the page of the confirmation of the order at the time of the carrying out of the same. Following the confirmation you will receive an email to confirm the receipt of the order. This email is only an attestation for informational purposes only and is not to be considered as acceptance of the order by the Merchant. The contract between the user and the merchant in respect to the products will be concluded only after verification by Bowdoo that the order has been accepted by the Merchant. In the event of acceptance, Bowdoo will send a further confirmation email that will include a description of the products purchased with the order and other information concerning the right of withdrawal from the contract.
Although Bowdoo undertakes to ensure that all the details, descriptions and prices of products shown on the website are accurate, since such information is provided to Bowdoo by merchants errors may occur. If Bowdoo should detect an error in the price of the products ordered, the user will be promptly informed and, acting on behalf of the Merchant, Bowdoo will offer to the user to reconfirm the Order to the correct price or to cancel. In case of cancellation as a result of the payment of the products, the user will receive a full refund as quickly as possible.
Delivery costs are not included in the price of sale and therefore will be debited to the user an additional burden. Delivery costs vary depending on the products ordered and the delivery location.
Shipping charges applicable to your order will be exposed during checkout, before the end of the order (and are included in the amount "Total Cost" shown on the Summary page of the order). Depending on the delivery location could be imposed on tax rules different and additional charges. If the products originate from a Merchant located outside the national territory of the user, may be applied customs duties or import costs at the time of delivery. It will be the responsibility of the user to pay these costs and import taxs not included in the total cost. If a State imposes the sales tax or on durable goods, purchase could be subject to the tax on durable goods, unless specifically exempt from taxation; for explanations the user must contact the respective tax authorities.
After receiving the order, Bowdoo will perform a standard control for authorisation on the payment card on behalf of the Merchant and the products will not be shipped until good end of the transaction. After verifying the data for payment and in the moment in which the Merchant approves the order by arranging the delivery of the product, Bowdoo will send the user an email message informing him in this respect. In case of problems during the processing of the order, Bowdoo will get in contact with the user and may require additional information in order to try to solve the problem.
Bowdoo reserves the right to not send the order to the Merchant and the Merchant reserves the right not to accept the order if, by way of example, the ordered product was exhausted, withdrawn from the market or in any case not available or if it is not possible to obtain authorization for the payment or if not meeting the eligibility criteria (for example age of the user under 18 years).
In the event of a lack of communication of a approximate date of delivery, the Merchant will deliver the order in any case within 30 days from the date of shipment. Delivery times may vary depending on the availability of the products and of the delivery location. Delivery times, including same day delivery, represent an estimate only and are not guaranteed.
8) RETURN POLICY
Depending on the place of residence, the user will have the right to cancel an order within the meaning of consumer contracts (Information, cancellation and Additional Charges) Regulations 2013 ("JRC") (regulations on contracts for consumers) or of the corresponding consumer legislation in force in the Member States of the EU. This means that if the user, during a certain period of withdrawal, change your mind or decide for any reason you do not want to keep the products purchased, you will be able to communicate the decision to withdraw from the order. Once you have returned the products to its merchant, you will hear a full refund, inclusive of the costs of the original delivery; however, it will be up to the user to organize and cover the entire amount of the refund of the Order to the Merchant.
The user, within the meaning of art. 52 ff. of the Code of consumption, has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. To exercise this right, the user must send a Bowdoo a communication within 14 days from the date of receipt of the products by using the form can be downloaded from the site Bowdoo or intend to exercise the withdrawal before having received the products, communication of withdrawal may be submitted at any time prior to their receipt.
This communication may be sent by mail to the following address: [email protected]. The communication will also be sent within the same time limit (i.e. 14 days).
Receipt of the communication, the Customer Service of Bowdoo will open a practice for the management of the return and will inform the user of the instructions on how to return the products.
Once represented the willingness to withdraw from the contract and to return the product, the user must return to the Merchant as received within and not beyond the deadline of 14 calendar days from the date of notice of withdrawal and without prejudice to the cases referred to in Article 59 (exceptions to the right of withdrawal) of the Code of Consumption.
The direct cost of returning the goods (shipping) is the responsibility of the user.
The restitution of assets must meet the following criteria:
In the event of exercise of the right of withdrawal on the part of the user, Bowdoo will provide for a refund of the full amount of the goods delivered, excluding the costs of return shipment that will remain the responsibility of the user. The reimbursement will be made as soon as possible with the same method of payment used by the user, except that the latter has not expressly requested a different mode of reimbursement. In the case of a bank will be up to the user to provide the Banking coordinates for reimbursement (account holder, the name and address of the bank and IBAN code complete).
Within the meaning of Article 56 paragraph 3 of the Code of Consumption Bowdoo will refund the User within 14 (fourteen) days from the date of receipt of the goods by the Merchant.
9) THE WEB SITE BOWDOO
The section to follow defines the rules applicable to the use of the website by the user, the order of products or simply for navigation. By using the web site, the User expressly accept these rules.
The site is made available for free and it is up to the user to carry out all the provisions necessary in order to be able to access it. It is the responsibility of the user, moreover, make sure that all those who access the site via the Internet connection of the user are aware of these Terms and conditions and that you join.
Access to the website is permitted on a temporary basis and does not include any commercial use of the web site or its content. It is not allowed to reproduce, copy and/or exploit the website for commercial purposes without the prior written consent of Bowdoo.
Bowdoo reserves the right to terminate or modify your web site without notice or to limit the accessibility, in whole or in part. Bowdoo will not be liable if for any reason the web site should not be available at a particular time or for a given period.
It is not allowed to use the web site in any manner that could cause interruption, damage or limitation of the web site or its access. The user also acknowledges that it is responsible for all electronic communications and content placed on the site and is required to use this web site only for lawful purposes. It is therefore not allowed to use the web site for the transmission, distribution, dissemination, uploading, posting, submission, the use or saving through the site content offensive or otherwise deemed inadmissible by Bowdoo. Within this type of communications those pornographic content and child pornography, blasphemous, sexist, omofobico, defamatory, misleading, obscene or offensive and insults ethnic, racial or religious, exaltation of violent acts or motivated by hatred and unlawful behavior. There are also unacceptable communications containing advertising, market research, letters pyramid or chain, prize competitions and other materials that could give rise to severe civil or criminal penalties.
In these cases Boowdoo reserves the right to limit or cancel user access to the contents of the website and to forward the content in question to the competent authorities, if it occurred or you suspect a loading of content by the user who transgress these Terms and conditions (or other applicable rules), without this being necessary to demonstration of the initiation of legal proceedings or of an appeal.
It is not permitted to the user any violation by Bowdoo, copyrights, trademarks, rules on privacy and the processing of data or any other law nor the loading of material that is in any way insulting vis-a-vis third parties, or contains viruses, political campaigns, mass-mailing or any form of "spam" such as to result in damage, discomfort or inconvenience to anyone.
In the event of violation of these Terms and conditions, the user will be obliged to compensate fully Bowdoo for costs, expenditures, damage and losses, including any interest, fines and legal parcels or other rates and professional expenses incurred by Bowdoo as a result of or in relation to the infringement committed by the user.
The web site may contain products or services (including add-ons and applications) offered by third parties or by the Merchant. The use of these products may be subject to additional terms and conditions that the user must examine before use. Bowdoo rejects any liability in relation to the use of any product and third party service.
Bowdoo does not guarantee that all or some of the features of the web site, services or products and services of third parties will work on any device specific.
The user can create links to your web site, provided that this is done in the correct way and legal and prior authorization by Bowdoo, which reserves the right to withdraw at any time the authorization to create the link, in its sole discretion. Where the web site contains links to other sites provided by third parties, these links are made available for informational purposes only. Bowdoo has no control over the content of such web sites to which these links may not be construed as approval by Bowdoo of the linked web sites. Bowdoo cannot be held responsible for any loss or damage arising to the user or to third parties by their use.
Bowdoo reserves the right to update or modify your web site or its content in any moment. The contents of the web site are provided only for general information. Bowdoo makes no representations whatsoever, nor give any warranty of any kind, expressed or implied, that the web site or any content in it present, is accurate, complete, updated or free from errors or omissions. To the extent permitted by law, Bowdoo EXCLUDES ANY CONDITION, WARRANTY, declaration or other term that could apply to the web site or its content, whether expressed or implied.
Bowdoo will not be liable to you or to any third party for any losses or damages arising from or in connection with your use of or inability to use the Website or the use of or reliance on any content displayed on the website.
Bowdoo makes available the web site only for domestic use and private and as such does not assume liability to you for any loss of profit, loss of business, business interruption or loss of business opportunities.
Bowdoo will not be liable for any loss or damage caused by viruses, attacks Distributed Denial-of-service or another material technologically harmful that might compromise the computer equipment, computer programs, data or other material owned by the user due to the use of the web site or the downloading of content present on it or on any website linked to it.
11) INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
Bowdoo is the owner or licensee of all intellectual property rights in the website and its contents (including text, graphics, logos, button icons, images, audio clips, digital downloads, compilations of data and software, including the presentation and compilation thereof). The rights on the web site and the contents are protected by the international laws on copyright as well as other national laws in force in the field of copyright or right of author. All these rights are reserved. It is not allowed to extract and/or systematically reuse parts of the web site or its content (for example to create price lists and products).
The use or unauthorized copying of the contents of the web site or your use of the website contents contrary to these provisions may lead to violation of copyright, trademarks and the applicable statutory provisions. The user is forbidden to use any of the content of the web site (or any content that is available via the web site) in such a way as to infringe the copyright of third parties, trade marks or other rights. Bowdoo reserves the right to assert in the appropriate fora in respect of those who face unauthorized use or who violates these Terms and conditions. Unless expressly stated to the contrary, all persons (including their names and images), the trademarks of third parties and the images of the products, services and/or third-party sites present in the site are in no way associated, linked or affiliated with Bowdoo. All trademarks/names on this site belong to their respective owners.
12) FINAL PROVISIONS
Each section of these Terms and conditions must be considered separately. In the case in which individual provisions is held to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This shall not affect the validity and enforceability of any remaining provisions.
In the event of violation of these Terms and conditions on the part of the user, the failure to exercise by Bowdoo rights or remedies for the strict application of any provision of these Terms and conditions will not be interpreted by the user as a waiver of the right to exercise these remedies or to the right to apply any of these provisions.
These Terms and conditions represent the full manifestation of the agreements between the Bowdoo and the user and cancel, and supersede any arrangements or agreements, spoken previously between the parties in relation to the same object.
Bowdoo assumes no responsibility for any loss of fulfillment of obligations in relation to the user if such failures are due to reasons of force majeure. For reasons of force majeure shall mean acts or circumstances that go beyond the reasonable control capacity of Bowdoo such as wars, acts of terrorism, embargoes, revolts, strikes, lockouts, industrial disputes, fire, flood, earthquake or other natural disasters, breakages, weather, disruption of transport, acts of government or failures to public or private networks of telecommunications or transport. In such cases Bowdoo, where possible, will give adequate notice to the user.
Bowdoo undertakes to implement a complaints handling procedure to try to resolve disputes as they arise, for which the user is invited to contact Bowdoo with any complaints or comments. For information on how to get in contact with Bowdoo, the user will be able to see the "Contact" section on our web site at.
13) APPLICABLE LAW AND JURISDICTION
For everything not expressly covered by these terms and conditions, Bowdoo and the user will make exclusive reference to the existing legislation of the Italian legal system as applicable.
The User agrees that any dispute concerning the interpretation or implementation of these terms and conditions - except that falls between those for which the law expressly provides for the inevitability of competence for the territory - will be exclusively under the jurisdiction of the Court of Trento.