ARTICLE 1 – DEFINITIONS, OBJECT AND APPLICABLE LAW

1.1 Definitions

In these general conditions of sale:

“Customer” means any person, whether or not they have completed the registration procedure, who purchases one or more products through the Site. The Site is aimed exclusively at professional operators, therefore the Customer is always intended to be a “Professional Customer” operator of the sector.

“Butterfly Italia s.r.l.” means the online store, published on the website www.butterflyitalia.com, called “Butterfly Italia” and managed by Butterfly Italia s.r.l. with registered office in Cavenago di Brianza (MB), Via I Maggio, 1, share capital of Euro 15,300.00 (fifteen thousand three hundred/00) fully paid up, registered in the Milan Company Register under no. 216532, REA of Milan n. 1625551, Tax Code and VAT no. 03025840962 ,. Telephone: +39 02 95335246, E-mail: info@butterflyitalia.com

“Site” means the website www.butterflyitalia.com

1.2 Selling Party and legislation applicable to this sales contract

Butterfly Italia s.r.l. will act as a selling party of all products and services that the Customer chooses to purchase through the Site and to receive at home.

The purchase and sale of products and the provision of Services purchased through the Site is governed by these general conditions as well as, as applicable, by the provisions of the Consumer Code and Legislative Decree no. 70/2003 and the provisions of the civil code, although not provided for here.

ARTICLE 2 – PURCHASE ORDER, CONCLUSION OF THE CONTRACT, STATUS OF THE ORDER

2.1 Offer of products and services on the Site

The offer of products that can be purchased through the Site constitutes an invitation to offer and the order sent by the Customer through the Site will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by Butterfly Italia as described below.

The characteristics of the products and services offered on the Site are described in the specific information sheets published on the Site. We invite you to read them carefully and to understand that some products, even if present on the Site, may not always or immediately be available. In the information sheet of each product it is clearly indicated whether the product you have selected is:
– “available”: means that the product is physically present in the Butterfly Italia s.r.l. warehouse.
In this case, the Customer can immediately proceed with the purchase of the relevant product by sending the purchase proposal, according to the methods indicated on the Site.

2.2 Confirmation of receipt of the order and relative acceptance

After sending the purchase proposal, the Customer will immediately receive an e-mail containing confirmation of receipt by Butterfly Italia and the identification number assigned to the purchase proposal.

In the case of “available” products, the Customer’s purchase proposal will be considered immediately accepted by Butterfly Italia s.r.l. Therefore, the confirmation of receipt e-mail will also be valid as confirmation of acceptance.

Butterfly Italia will proceed directly to the shipment of the products purchased by the Customer within the times and in the manner indicated in these general conditions.

2.3 Positive outcome of the availability check and conclusion of the contract

Upon successful verification of product availability, the Customer will receive an e-mail from Butterfly Italia with which the latter will notify the Customer that the products are available and the purchase proposal will be considered accepted at that point.

2.4 Negative outcome of the availability check

In the event of a negative outcome of the verification of the availability of the product, the customer will receive an e-mail from Butterfly Italia with which the latter will inform the Customer that the Products are not available and that the purchase proposal cannot therefore be accepted. In this case, the customer will immediately receive a full refund of any anticipated price according to the chosen payment method.

2.5 Updates on the status of the order

In addition to the updates that will be sent by Butterfly Italia via e-mail, the Customer can check the status of his order at any time, also in the dedicated section of the Site.

ARTICLE 3 – PRICES AND CHARACTERISTICS OF THE PRODUCTS

3.1 Products on offer

Any purchase by the Customer of products identified as “offer” or expressly indicated as “limited offer” (or synonyms) is subject to a daily purchase limit of only one item for each Customer per day.

For some particular promotions, please refer to the relevant regulation on the Site.

3.2 Prices

Prices of the products offered on the Site are net of VAT and do not include any transport costs and / or other additional services that may be requested by the Customer.

The price of the services and products shown on the Site in the relevant technical data sheets is the one in force at the time of sending the purchase proposal by the Customer, which can be viewed by the Customer on the Site at the time of choosing the product as well as within the proposal itself.

Without prejudice to all the foregoing, Butterfly Italia reserves the right to modify at any time, at its sole discretion and without notice, the price of the products and services present on the Site from time to time, without therefore providing any guarantee as to the fact that the selling price of the products or services remains available on the Site or unchanged for a certain period of time.

3.3 Product descriptions

Technical data sheets of the products on the Site, containing the description of the functions and characteristics of each product, are drawn up directly by the manufacturer of each product concerned.

Butterfly Italia assumes no responsibility for any errors in the technical data sheets and / or inaccuracies and / or for defects in correspondence between the product descriptions and the actual functions and characteristics of the products themselves; the images and photos used to accompany each product description sheet are purely indicative and may not be fully representative of the characteristics of the product itself, as this may differ in color, size or accessories not present in the image and photos used in the kit.

ARTICLE 4 – PAYMENT

4.1 Accepted Payment Methods

The products purchased by the Customer through the Site can be paid alternatively, with:

• Bank transfer
• Credit card

(1) Credit card

In the event that the payment method chosen by the Customer is the debit on the credit card, at the time of the conclusion of the order there will be no charge, but only the release of an authorization for the amount necessary for the purchase. The actual charge will take place only at the time of shipment of the product(s).

At no time during the payment procedure, Butterfly Italia is able to know the information relating to the credit card, credit card number or financial, property and personal information of the customer. The payment order is, in fact, transmitted – via a secure connection – directly to the portal of the bank or financial company expressly indicated, upon confirmation by the Customer.

Butterfly Italia is in no case responsible and cannot be held responsible for any fraudulent or illegal use of credit cards that may be made by third parties during the purchase and payment of the products.

Butterfly Italia reserves the right not to accept a purchase proposal or to suspend the execution of proposals already confirmed in the event of anomalies or irregularities in the payment. In this case, Butterfly Italia reserves the right to request additional information from the customer and / or to send copies of documents proving ownership of the credit card used for the purchase. In the absence of the required documentation, Butterfly Italia reserves the right not to accept the purchase proposal or to terminate any contract already concluded, without giving the Customer any right to request compensation for damages or to assert other claims.

4.2 Payment security

In the case of payments made online, the data provided by the Customer are transmitted in a secure manner that prevents others from reading.

In addition to the foregoing, the application software used to manage the Site is the SSL (Secure Socket Layer) protocol, to encrypt data sent over the Internet and Stripe for security in transactions.

To make sure you have a secure connection, you need to use a browser such as Internet Explorer (5.x and later), Netscape Navigator (4.x and later), Mozilla Firefox (1.x and later), Opera, Safari or Chrome capable of transmit encrypted data through the Butterfly Italia server.

To find out if you are in a secure connection, just check that there is the prefix “https” instead of “http” in the page address, and that the padlock image visible in the bottom bar of the browser is “closed”.

ARTICLE 5 – DELIVERY OF PRODUCTS PURCHASED THROUGH THE SITE

5.1 Place of delivery

Butterfly Italia will deliver the products to the address indicated by the Customer in the purchase order.

5.2 Delivery and storage times

Products indicated as “available” will be delivered within the deadline indicated in the relevant product sheet and/or in the e-mail confirming acceptance of the purchase proposal, and in any case no later than 10 (ten) working days from the sending of the e-mail confirming acceptance of the purchase proposal.

In the event that the products cannot be delivered within the terms indicated in the preceding paragraphs, Butterfly Italia will contact the customer, within 2 (two) working days from the expiry of the term indicated, providing information on the status of the shipment.

In the event of the purchase of multiple products of different types, Butterfly Italia reserves the right to deliver the individual products with different times and deliveries. This choice by Butterfly Italia will not entail any increase in costs for the Customer.

5.3 Verification of products by the Customer

The customer is required to verify, upon receipt of the ordered products:

1. if the number of packages delivered corresponds to that indicated on the transport document;
2. if the packaging is intact;
3. if the delivered product complies with your purchase order.

Customer must sign the delivery note indicating “subject to control over the integrity of the products”; if this does not happen, the customer cannot subsequently contest the external non-conformity of the Product and its quantity with respect to what was ordered.

5.5 Invoice

The invoice for the products (and related services) purchased through the Site will be issued at the time of shipment and will be made available to the Customer directly online.

For orders involving multiple products, separate invoices may be issued based on the shipments made.

5.6 Shipping costs

An amount may be added to the price of the product purchased by the Customer through the Site by way of shipping costs. This amount is calculated automatically by the Butterfly Italia system, this amount will be indicated in the purchase order before it is sent by the customer.

5.8 Unavailability of a product

Butterfly Italia undertakes to do everything possible for the satisfaction of its Customers and for a swift and efficient processing of orders sent through the Site.

However, it may exceptionally happen that a product indicated as “available” and for which the Customer has made payment at the time of sending the order, is no longer available at the time of acceptance of the purchase proposal by Butterfly Italy. In this case, Butterfly Italia will immediately notify the Customer via e-mail. In the face of this disservice, and in addition to the legal remedies, the Customer will also receive a coupon from Butterfly Italia. In this case, the determination of the value of the coupon and / or of the categories of products for which it is valid will be evaluated by Butterfly Italia in relation to the circumstances of the individual purchase.

ARTICLE 6 – LEGAL GUARANTEE OF CONFORMITY

All products purchased through the Site enjoy the legal guarantee of conformity pursuant to the Consumer Code and the Civil Code, as applicable.

6.1 Professional Customer

Products purchased by a Professional Customer (ie a natural or legal person acting in the exercise of his business, commercial, craft or professional activity, or his intermediary) are covered by the guarantee for defects pursuant to art. 1490 and ss. cc; the action of the Professional Customer aimed at enforcing the warranty for defects is prescribed after 1 (one) year from the delivery of the purchased product and the related defects must be reported within the terms of art. 1495 of the Italian Civil Code

It should be noted that a lack of conformity exists when one of the following situations occurs: (i) the product is not suitable for the use for which it must normally be used; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performances of an asset of the same type; (iv) it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.

6.2 Cases of exclusion of the Legal Guarantee

The Legal Guarantee will instead be excluded, in accordance with the applicable law, if:

1. products have been repaired or altered by persons other than the manufacturer, Butterfly Italia or any other authorized person; and/or
2. the lack of conformity of the product or products has appeared after 1 (one) year from the delivery of the product itself and/or the related request for repair or replacement of the defective product or products has been sent after 2 (two ) months from the discovery of the defect; and/or
3. defects are due (in whole or in part) to misuse, improper use or conservation or maintenance or installation, performed by persons other than the manufacturer, by Butterfly Italia S.r.l. or by any other authorized person – or failure to comply with the instructions provided by the manufacturer or other instructions provided by Butterfly Italia together with the Products delivered; and/or
4. at the time of conclusion of the contract, the Customer was aware of the defect and could not ignore it with ordinary diligence; and/or
5. the lack of conformity derives from instructions or materials provided by the Customer.

6.3 How to activate the Legal Guarantee

The Legal Guarantee must be enforced directly against Butterfly Italia, in the case of the sale of products purchased through the Site with home delivery.

The Customer can assert the Legal Guarantee by telephone by contacting Customer Service at +39 02 95335246, by e-mail at customer@butterflyitalia.com or by sending your request by filling out the form.

The staff will provide the Customer with all the necessary information regarding the conditions and procedures for using the Legal Guarantee.

ARTICLE 7 – MODIFICATIONS AND PARTIAL INVALIDITY

Butterfly Italia reserves the right to make, at any time, at its sole discretion, any changes, additions and / or updates to the extent deemed necessary and/or simply appropriate to the Site, the contents, the programs and / or to other materials contained therein and/or available through the Site itself (including these General Conditions).

For clarity, any changes and / or updates made as above will not affect the Contracts already concluded with Customers prior to the implementation of this change or update.

In the event that a provision of this Agreement is declared null, invalid or ineffective, in whole or in part, by any competent court, supervisory authority or administrative authority, the remaining provisions of this Agreement will not be affected.

ARTICLE 8 – COMMUNICATIONS, CONTACTS AND COMPLAINTS

Below you will find the contact details to which you can address any requests, communications and/or complaints relating to your orders, these general conditions or, in general, any contract concluded with Butterfly Italia through the Site.

E-Commerce Manager
Butterfly Italia s.r.l.
Via I° Maggio 1 – 20873 Cavenago di Brianza (MB) – Italia
customer@butterflyitalia.com

For any telephone assistance, please contact the number +39 02 95335246 from Monday to Friday (excluding holidays) from 9.00 AM to 6.00 PM.

ARTICLE 9 – JURISDICTION AND COMPETENT COURT DISPUTES FOR THE PROFESSIONAL CUSTOMER

The Contract is governed by Italian law and the competent court is that of Milan.