THE OFFER AND SELLING OF PRODUCTS ON OUR WEBSITE (blakky.com) ARE REGULATED BY THESE GENERAL TERMS OF SELLING.
The access to the selling on the website blakky.com doesn't imply the acceptance, without any reservation, of the selling terms listed below.
The products purchased on blakky.com are sold directly by BLAKKY SRL, which has its registered office in Via DEL CHIESINO, 29 – 56025 – Pontedera (Pi) – P.I. 02191510508.
For any further information, contact BLAKKY SRL through our service centre: Customer service or blakky.com, via e-mail ( HYPERLINK "mailto:email@example.com?subject=assistenza clienti"firstname.lastname@example.org ).
GENERAL TERMS OF SELLING
The general terms of selling of products on the website www.blakky.com define the rights and obligations of the parties.
Through the access and execution of the orders on the website blakky.com the registered subject declares: to be of age, to be a customer under and in accordance with the art. 3 DLgs 206/2005 (codice del Consumo/code of consumption) and to be the holder of the e-mail address which is communicated after the registration to the website (and/or to have the possibility to access).
Whichever purchase and/or reservation of a product made after the registration on the website HYPERLINK "http://www.blakky.com/"www.blakky.com will be subject to the acceptance of the general terms of selling.
1 – Our business policy:
1.1 - On blakky.com, the seller offers the products and performs its activity of electronic trade exclusively towards its own end users defined as "consumer".
1.2 - The "consumer" is a person who operates on blakky.com with purposes that are not related to his/her own business, entrepreneurial or professional activity. Those who are not included in the above mentioned definition of the term CONSUMER is invited not to conclude any business transaction through the website blakky.com.
1.3 – In respect of his/her business policy, the Seller reserves the right to reject orders made by subjects who are not a "consumer" or otherwise orders which don't comply with the business policy.
1.4 - These General Terms of Selling regulate exclusively the proposal, sending and acceptance of purchasing orders of products on blakky.com between the users blakky.com and the Seller.
1.5 - The General Terms of Selling don't regulate the supply of services or the selling of products by subjects different from the Seller which are on blakky.com through link, banner or other hyperlinks. We advice, before making orders and purchasing products and services from subjects different from the Seller, to verify their selling terms, because the Seller is not responsible for the supply of services made by third parties which are not the Seller or for the conclusion of electronic business operations between the users of blakky.com and third parties.
1.6 the products which are on sale on blakky.com are rigorously original and each product or company mentioned on this site are trade marks of the relative owners and holders and can be preserved by patents and/or copyright. Some of the pictures are published in presumption of public domain. For this reason, if there are the rights of copyright, it will be sufficient to send a written note to the registered office of BLAKKY srl so that the accused material will be removed.
2 – How to conclude a contract with blakky.com
2.1 – In the order form there is a reference to the General Terms of Selling, and a recapitulation of the information about the main features of each product, about their prices (including all the applicable taxes), about payment terms concerning each product and about delivery terms of purchased products, about shipment and delivery costs and there is also a reference to the terms and conditions for the right of withdrawal and to the terms and procedures of return of the purchased products.
2.2 – The contract can be considered officially concluded after that the consumer has confirmed the order and has made the payment and after that the Seller has received, via net, the order form and has checked that data are correct and that the payment has been paid in full. When the contract is concluded, blakky.com will proceed with the order.
2.3 – Before proceeding with the purchasing of the product, through the sending of the order form, you will need to read carefully the General Terms of Selling and the informative about the right of withdrawal.
2.4 – The order form will be kept stored in our data bank until the orders will be fulfilled and within the time prescribed by the law. It will be possible to accede to the order form by consulting the section ”My orders”.
2.5 – Before proceeding with the sending of the order form, you will be asked to find and correct any mistake that might remain.
2.6 – The language available to execute the contract with the Seller is Italian.
2.7 - The Seller won't be able to fulfill purchasing orders of products which don't have the necessary solvency warranties, or which are incomplete, incorrect or unavailable. Each product file shows the number of products available. The product is available if it is available in the product file when the consumer orders and pays for it. Inside their files some of the products may contain information about when they will be available again when they could be delivered of the moment of the order. If, for some reasons which is independent of the Seller, the products showed on blakky.com, won't be available but the order form has been sent and the payment has been made, the Seller will have to notify immediately, or within 30 days of the day of the transmission of the order to the Seller, the possible unavailability and the causes of their unavailability. The Seller will refund what the consumer has already paid.
2.8 – By sending the order form the consumer unconditionally accepts and acknowledges the General Terms of Selling and the information contained on blakky.com, included that referred by links, the HYPERLINK "http://www.test.blakky.com/ita/privacy.html"Privacy and the informative about the right of withdrawal.
2.10 – When the contract is concluded, the Seller will send, via e-mail, a receipt of the purchasing order containing a recapitulation of the information contained in the order form, the information concerning the peculiarities of the product and detailed indications of price, payment terms e shipment costs.
3 – Description of products and information about prices
3.1 -On BLAKKY.COM you can find products which are directly purchased by the Seller.
3.2 -The products sold by BLAKKY.COM are new and of quality not inferior than the standard offered by the market: the products are rigorously original and each product or company which is mentioned on this site are trade marks of the relative owners e can be preserved by patents and/or copyright.
OC srl is not a Seller which is authorized of single marks.
3.3-The essential features of the products are showed by blakky.com in the product file. The information given in each product file are those communicated to blakky.com by the suppliers from whom the products have been bought. The Seller commits so that the description and the pictures of the products showed on the website are close to reality. Anyway, the pictures and colors of the products might not be the same as real ones, because of the browser and monitor employed. It is also possible that, taking into account the digital description of products and services, the consumer's perception of description and pictures of products and services doesn't correspond to reality.
3.4- The prices of products, IVA included, are showed in the product file. Shipment costs will be showed before that the order is confirmed. Prices of products might be updated, so it is necessary that the consumer checks the final price before sending the order.
The prices of comparison which are eventually exposed near the selling price are determined on the basis of the prices provided and suggested by the interested supplier.
3.5- If the consumer exercises the right of withdrawal, the Seller might not accept the restitution of altered or damaged products and of products which don't have the BLAKKY srl card which is applied to each product as a warranty of the authenticity of the products.
If the consumer doesn't perform the obligations under these General Terms of Selling and in particular under the obligation of payment, he/she might be forbid to access the service blakky.com, his/her account might be deleted, so that he/she might not use the service offered by blakky.com anymore. The Seller might also ask for the payment of the price in addition to the indemnification of damages resulting from the consumer's infraction.
blakky.com reserves the right to reject orders sent by reported consumer.
4 - Payments
4.1 - blakky.com accepts this kind of payments: credit card for deliveries made in Italy (American express, Diners, Visa and Mastercard) Paypal, bank transfer Post Pay; credit card for deliveries made abroad (American express, Diners, Visa and Mastercard) Paypal, bank transfer. We accept the following credit cards: American express - Diners - Circuito Mastercard- Circuito Visa. The data of credit cards are directly managed by the bank which is specialized in managing on-line payments. The information are encrypted by cryptography systems at 128 bit (SSL) that prevent third parties from using it and is sent directly to the bank. The Staff of blakky.com is able to see these data. The amount is charged only when the card is recorded. Until that moment there is only a reservation of the amount. If the card isn't recorded, the amount will be automatically unblocked after 25 days of receiving the order. We reserves to ask to the banking-house for the issue of the card in order to verify the authenticity of the ownership of the card , if there is any problem. This procedure will take 5 business days. At the end of these days, if the result is positive, we'll delivery the ordered products. BLAKKY reserves the right to ask for the sending (via fax) of a valid document in order to quicken controls. The debit of the sum will be made on the date of shipment and not on that of the order. Payments by Paypal: the costless sending of payments by Paypal will occur thanks to the personal account on Paypal, for further information click here. HYPERLINK "https://cms.paypal.com/it/cgi-bin/marketingweb?cmd=_render-content&content_ID=marketing_it/Consumerhub_Homepage" Payments by bank Transfer: the products will be shipped only after that we have verified that money has been credited to our current account. - Payments from Italy : account holder Blakky S.R.L. -IBAN IT98A0856271131000011782257 lending institution BANCA DI PISA E FORNACETTE- Public authorities: if the products are bought by a public authority, OC will send the invoice to the public authority so that it will be able to proceed with the payment. Then the public authority will send immediately the documentation about the payment so that Blakky srl can proceed with the order of the requested product/s without waiting for the sum credit to the account. For further information, please contact our customer service - Payments from abroad: account holder BLAKKY S.R.L. BIC SWIFT CODe BCCFIT33
bank details IBAN IBAN IT98A0856271131000011782257 bank details BBAN For bank current account holder _____ use this number of current account: ________. The reason for payment on the bank transfer form will have to contain: order number, name and surname of the person who has made the order. Currently the credited amount is credit to the beneficiary's current account within 3/5 business days of the date of its performing. Before making the payment it is better to inquire through the customer service about wether the products are available or not. If we don't receive the payment within 8/10 days of the performing of the order, the order will be deleted. For bank transfer made from abroad the amount will be increased of 8,50 euro, because of bank transfer costs
5 – Shipment and delivery of products
5.1 – Shipment and delivery terms of ordered products are defined in the conditions indicated when the order is made and will be better specified also in the e-mail that will be sent to the consumer when the goods are shipped. The defined conditions are considered an integral and essential part of these General Terms of Selling and must be integrally known and accepted by the user.
5.2- For the shipment of products blakky.com uses the service Mail Boxe etc. To know terms and conditions of delivery, please visit the website HYPERLINK "http://www.mbe.it/"www.mbe.it. The product will be delivered to the address indicated by the consumer according to terms and conditions specified by the carrier and/or consigner employed by the service Mail Boxe etc within 30 days of the day after that in which the consumer has made the order.
5.3- The shipment cost will be specified at the time of filling the order, and will be calculated on the basis of weight, volume and destination of goods. For deliveries of products abroad the eventual customs fee will be paid by the consumer and will be communicated via e-mail by blakky.com after the confirmation of the order;
The consumer will be able to follow the status of his/her order by accessing Mail Boxe etc website and entering the order code that blakky.com will communicate via e-mail;
5.4- Each delivery is considered completed when the carrier provides the products to the consumer, according to the system used by the carrier and/or consigner to chart shipments; the consumer must check the products at the time of delivery and lodge a complaint. If the package is open, damaged or altered the consumer can reject it. Anyway blakky.com is not responsible for possible damages that the product might suffer during the shipment. Possible claims by the consumer must be written on the receiving note and communicated to blakky.com to the e-mail address: HYPERLINK "mailto:email@example.com"firstname.lastname@example.org, on the first business day after delivery. The customer service will anyway investigate about the carrier and will inform the consumer of it via e-mail. At the end of the investigation the consumer will be immediately informed about the necessary formality and modality for the refund of burdens.
5.5-blakky.com won't be responsible in case of failed delivery of the product. The consumer will have to notify the failed delivery of the product to blakky.com to the e.mail address HYPERLINK "mailto:email@example.com"firstname.lastname@example.org. Then the consumer will be informed about how to send a refund request to the consigner, according to the employed consigner's terms and conditions.
6 – Customer assistance
6.1 – You could ask for any kind of information through our assistance services: Customer Service (Servizio clienti) via email ( HYPERLINK "mailto:email@example.com?subject=assistenza clienti"firstname.lastname@example.org)
7 – Right of withdrawal
7.1 – The consumer has the right to withdraw from the contract with the Seller, without any penalty or without the need to specify the reason, within 14 days of the receipt of products purchased on blakky.com.
7.2 – In order to withdraw from the contract the consumer should send a written note with the following modalities to: email@example.com
7.3 - In this case, the products should be given back to the Seller within 14 days of the receipt of products.
7.4 – The only cost that the consumer will have to pay is the restitution of purchased products.
7.5 – The right of withdrawal is properly exercised when terms and modalities described in paragraphs 7.1, 7.2, 7.3 and 7.4 and the following conditions are respected: the goods return note should be correctly filled in and sent to the Seller within 14 days of receiving the products; the products shouldn't have been used, worn, washed or damaged; the products should be given back in their original package and should have their BLAKKY srl personalized label which is applied to each product as a warranty of authenticity of the product sent by BLAKKY srl.; blakky.com reserves the right to reject the restitution of products which don't have their label and seal. The products returned and bought with the same order should be sent to the Seller through a single shipment. The Seller reserves the right to reject products of the same order which are returned and shipped in different moments.
7.6 – If the right of withdrawal is exercised following the terms and modalities specified in paragraph 7, the Seller will refund possible amounts already cashed for the purchase of the products or the Seller will acknowledge the possibility to give the consumer a gift certificate of the same amount that the consumer will be able to spend within 1 (one) year of the date of withdrawal (shipments of equal volume and/or weight will be paid).
7.7 – The amounts will be refund as soon as possible and, in any case, within (30) days of the date in which the Seller has gained acknowledge of the discharge of the right of withdrawal; after having checked the proper execution of terms and conditions above indicated, blakky.com will activate the refund procedure.
7.8 – If terms and modalities for the exercise of the right of withdrawal aren't observed, as it is specified in this paragraph, the consumer won't have the right of refund of the amounts already paid to the Seller; anyway, he/she can get back, at his/her expenses, the products in the condition that they have been given back to the Seller. If not, the Seller can keep the products, in addition to the amounts already paid.
8 – Replacement-Refund Terms and modalities
8.1 - blakky.com acknowledges the possibility to replace the ordered product if the size is wrong, if it's not adequate, if it's damaged or if the consumer is not satisfied. The replacement will be made through the service InSostituito, that you can use from your own profile page.
8.2 If the received product is correct but the size is wrong because of the consumer, the Seller will replace the product with an identical one, but of different size. The consumer will have to ask for the replacement of the product and indicate the desired size and pay for the replacement and shipment costs. This request should be made within 14 days of the receipt of the product, as it is mentioned in the service Insostituito. If the desired size is not available, blakky.com will communicate to the consumer the unavailability and when the size will be available again. If it is not possible to obtain the desired size, blakky.com will communicate the unavailability. blakky.com is not reliable for the unavailability of the desired size if this is requested as a replacement beyond the terms or if it is unavailable because it is no more in store.
8.3 If the size of the ordered product and that of the received one don't correspond, blakky.com will ask for one or more photos which can prove the difference. The photos will be sent to: HYPERLINK "mailto:firstname.lastname@example.org"email@example.com will immediately replace the product and will pay for the replacement and shipment costs. After the replacement of the products, the Seller will verify their correspondence to the terms and conditions specified in the right of withdrawal n. 7.
8.4 If the addressee indicated in the order form and the person who has paid for the products don't correspond, the replacement and/or the refund of the price paid will be made by the Seller, in any case, to the person who has paid.
9.1-The products and services marketed by blakky.com are identified and represented through the product file.
9.2-The information contained in the product file are those which are communicated by the suppliers from whom products and services are purchased.
9.3-On its website blakky.com sells exclusively original, authentic and topflight products. It doesn't sell second-handed products, but if some of them have a distinctive feature (for instance due to the typology of materials or to a peculiar manufacturing), it will clearly declare these features inside the product file. All the products on sale on the website have their label and seal (which are integral part of each product). Furthermore, each product is characterized and equipped with an BLAKKY srl personalized label as a warranty for the authenticity of the product sent to the consumer by the Seller.
9.4-blakky.com guarantees that the products on sale are not damaged and comply with those which are put on the market by single manufacturer and/or supplier.
9.5-For the purchased products blakky.com will offer a legal warranty in compliance with terms and conditions specified in the art. 128 (et seq) of the Codice del Consumo (Code of consumption) . In particular, the rights originating from this warranty could be exercised provided that the products are properly used, with accuracy and in compliance with the destination of use and with what is defined in the enclosed information. The consumer will also have to show the bill of parcel received with the products and the order number. The costs concerning the restitution of products for effect of the warranty will be paid by blakky.com.
9.6-If the products don't correspond (conformity fault) to those requested and purchased, the consumer should immediately inform blakky.com by writing to the e-mail address: firstname.lastname@example.org.
The right to choose the repayment and/or the restitution of the damaged product, should be communicated by the consumer to BLAKKY by writing to the e-mail address: email@example.com in compliance with the modalities specified in the General Terms of Selling n.8-Replacement.
The exchange of the damaged products with other identical products will occur if the products are in stock. blakky.com will communicate to the consumer if it is possible to exchange the damaged product with an identical product or with another product which is equivalent for quality and price to the damaged product. The consumer will be able to choose whether to exchange the product or to ask for a refund.
If he/she chooses to be refunded, the payment made by the consumer when he/she fulfilled the order, will be refund as soon as possible.
9.7- blakky.com won't be responsible for vicarious and consequential damages and, in particular, it rejects any liability in case of failed profits resulting from the purchase of products offered and sold through the website.
9.8 Damaged products and/or those parts of products which have been modified and/or altered and/or which have been misused are excluded from the warranty. The damages resulting from the use of the product and those which are a consequence of causes not acknowledged by blakky.com are also excluded by the warranty (in particular are excluded from warranty those damages which can result from the consumer because of the composition of the product, such as/as well as allergies, because the composition of the product is always specified in the relative product file).
The warranty is not operative for apparent defect and for products or services which are damaged during shipment.
10 - Privacy
10.1 – Information about the handling of personal data is contained in the sectionPrivacy.
11- Intellectual and industrial property rights
blakky.com informs that the website, as well as trade marks and distinctive signs used for the selling of products, is protected by the applicable Intellectual and industrial property rights and that every kind of reproduction, communication, distribution, publication, alteration or transformation, in any way and for any purpose, of the contents of the website, of trade marks and distinctive signs used by blakky.com is forbidden (for instance works, pictures, photos, drawings, dialogues, presentations, music, sounds, videos, graphic, colors, functionality and design of the website)
blakky.com doesn't admit liability in connection with trade marks and other distinctive signs which appear on the products marketed on the website and of which the consumer doesn't receive any rights after the conclusion of the contract.
12- Applicable law and solution of disputes
12.1 - The General Terms of Selling are regulated by the Italian law and particularly by the legislative decree of the 6th of September 2005 n. 206, on the Codice del Consumo (Code of consumption), with specific reference to the norm concerning distance contracts and by the legislative decree of the 9th of April 2003 n. 70 about some aspects of electronic market.
12.2 – In case of disputes between the Seller and each end consumer, the consumer will have to address to BLAKKY in oder to try to find an amicable solution of the problem. In fault, the dispute will be settled by the place of jurisdiction of Pisa-detached section of Pontedera .
13 – Modification and update
13.1 –blakky.com reserves the right to modify the hereby General Terms of Selling. The new General Terms of Selling will be affective after the release date on blakky.com
13.2- If any of the regulation in these General Terms of Selling should be considered null and void, the hereby General Terms of Selling will continue to be valid and effective as concerning the remaining part.
13.3- The information exchanged between the seller and the consumer through the website HYPERLINK "http://www.blakky.com/"www.blakky.com attests to each other. The elements such as the time of receipt or sending of data or the quality of data received will attest what results by the informatics system of blakky.com, unless the consumer can give a different proof.