General terms and sales conditions

1.     Subject

1.1   These general terms and conditions (the “Conditions”) apply to the sale of the “El Bocia” branded products (“Products” or the singular “Product”) processed through the shop section of the website (“Website”) to final users who as defined by art. 3.1.a) of Italian Law Decree 206/2005 (“Consumers” or individually “Consumer”).

1.2   The owner of the Website is Mr. Axel Bassani, residing in via Monte Pertica, 29/2, 32030 Seren del Grappa (BL), VAT number 01230940254, C.F. BSSXLA99L24D530 (the “Seller”) who manages the sale of the Products through the Website.

1.3   Each sale is governed by the general terms and conditions of sale in such version as shall be published on the Website at that point in time when the purchase order is submitted (“Order”) by the Consumer.

1.4   The Website is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Persons who do not qualify as ‘consumers’ under and for the purposes of the applicable law are invited not to place purchase Orders. If one or more sales are made by a person who cannot be considered such a ‘consumer’, these Conditions shall apply but, in derogation therefrom:

·       the right of withdrawal indicated in clause 9 shall not be granted to the purchaser;

·       the purchaser will not be entitled to benefit from the warranty on the Products set forth in clause 9;

·       any such protection which is herein provided in favor of the Consumer shall not apply to the purchaser insofar as it reflects or complies with any mandatory legal provisions;

·       the sale contract between the Seller and the buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.

1.5   The Seller reserves the right to modify these Conditions at any time, at his own discretion, without any prior notice being due to Consumers and/or users of the Website. Any change will be effective from the date of publication on the Website and will only apply to sales concluded from that date onwards.

1.6   Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, etc. – must be sent to the Seller in such form and manner as indicated on the Website and in the present Conditions to the e-mail address Any communication connected and/or related to the purchase of the Products sent by any different means, shall be disregarded by the Seller.

2.     Conclusion of every single purchase contract

2.1   The presentation of the Products on or through the Website, which is not binding for the Seller, is merely an invitation to the Consumer to formulate a purchase offer.

2.2   It is necessary to be eighteen (18) years old to be allowed to place a purchase through the Website. It is responsibility of the Consumer to ensure that all information submitted in order to finalize the Order is truthful, accurate and complete. The Seller shall not bear any responsibility for Orders placed without the consent of the minors’ parents or any other legal guardians.

2.3   Seller reserves the right to cancel any Order that is made by a minor, under the age of 18, where the consent of that minor’s legal guardian is not received.

2.4   As far as the various technical procedures are concerned in order to finalize a contract through the Website, the Consumer shall follow a guided procedure, allowing him/her to verify and to validate each submitted information as well as to verify any error prior to place the Order, up to the execution of the contract. The various technical phases for placing the Order are summarized hereunder:

a.     By selecting the Product and clicking on “add to cart” a complete recap of the Product, including but not limited to all main features and its related final cost, shall be displayed. Should the Consumer wish to purchase more than one Product, he shall select other Products, one by one, adding them on the cart. As long as the cart is open and the Order is not sent, the Consumer may cancel and/or to add new Products onto the cart;

b.    Once all Products have been selected, the Consumer shall click on the button “Proceed to check out” so as to close the cart and submit the Order. At this point the Consumer shall be required to provide their information, including the mail address for delivery purposes, on a single page indicated as the “Checkout” page. Before proceeding to the following step, Consumers shall verify that all submitted information are accurate and truthful. The Consumer shall be responsible for the truthfulness of all submitted pieces of information. At this stage the Consumer shall be required to indicate the preferred payment method;

c.     Prior to placing the Order, the Consumer shall read and accept the general terms and conditions applicable to the sale by clicking on to the text box displayed beside the statement “I herein accept the General Terms and Sales Conditions”;

d.    In the end, by clicking the button “Confirm purchase”, the purchase Order is completed and finalized, implying its full payment, thus authorizing the Seller to withdraw the relevant amount.

2.5  The Order shall therefore be considered as a binding purchase proposal addressed to the Seller as for the listed Products, taking them into consideration one by one. Upon the Order submission, the Consumer shall receive to the email address that the Consumer entered when placing the Order, an automatic reply representing an order acknowledgment e-mail (“Order Confirmation”) with details of the Order such as: the type of Product and its cost including VAT tax, delivery expenses, the selected payment method and the delivery terms, as well as information about the Seller’s consumer care contacts. Therefore, Consumers are warned to include a valid e-mail address.

2.6  In case the Consumer finds, during the Product selection procedure on the Website referred to in paragraph 2.5 above, that the price of one or more Products he intends to select for the next purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to a clear technical problem that occurred on the Website, Seller shall refrain from completing the Order and report the aforementioned technical error to the Seller’s consumer care by sending an e-mail to

2.7  Once the Order is complete and submitted to Seller, it can no longer be modified in any of its part, the Consumer shall not be allowed to add, erase or change any Product (for example, size and color). Likewise, purchased Products cannot be replaced. In any such event, a new Order shall be issued, without prejudice to the right of withdrawal under the terms and conditions set out in clause 9 below.

2.8  The Order Confirmation does not represent any acceptance of the purchase offer issued by the Consumer, it simply implies that the Order is received and that it is being processed by Seller, and that a check on data and availability of the Consumer’s requested Products is in progress. The Order acceptance and the conclusion of the contract shall come into force between the Consumer and the Seller only at the time when the Consumer receives the Delivery Confirmation e-mail, which, in addition to the above outlined specific sale terms (the requested Product(s), the final price including VAT, the chosen payment method, the delivery expenses and the terms for the exercise of the withdrawal right), shall also include these Conditions as well as the delivery information (“Delivery Confirmation”), with possibility for the Consumer to download and print or store such e-mail as well as the Conditions.

2.9  The Seller reserves the right not to accept an Order in any of the following cases:

·       the Product is displayed on the Website, but it is not available for any reason;

·       the Consumer’s authorization to payment is not received;

·       any shipping restrictions apply to a Product;

·       the Product displayed within the Website contains a manifest error, such as for example, an incorrect price or an incoherent description.

2.10 Once concluded the contract, the Order shall be filed by the Seller within its database for the time necessary for the execution of the same, and anyway, in compliance with the applicable law. The Consumer shall always have access on to the text of the Conditions, as well as to the specific conditions, downloading on his computer the Delivery Confirmation e-mail.

2.11 For the contract conclusion, the available languages shall be Italian and English. However, should a conflict arise between the Italian version of the Conditions and the corresponding English version on the Website, including but not limited to all other information and/or content of the contract, the Italian version shall prevail.

3.      Products’ specifications

3.1   The Products are sold with such features as described in the Website and in accordance with the Conditions published in the Website at the time of the Order being placed by the Consumer, excluding any other condition or term.

3.2   The graphic representation of the Products is made for the sole purpose of illustrating the Product and is purely indicative. Variations in color and/or other variations are possible in the Products due to the use of different technologies for the acquisition and reproduction of images. The Seller therefore cannot be held responsible for any such variations and deviations.

3.3   Prices, Products for sale on the Website and/or their features may be subject to changes without notice. These changes only apply to orders not yet confirmed at the date of the change. In any case, before sending the Order, the Consumer is invited to verify the final sale price.

3.4   The Website can be accessed from all over the world. However, the Products available on the Website may only be purchased by Consumers who request their delivery within Italian territory.

4.      Delivery time and options

4.1   Products shall be delivered via express courier to the mail address specified by the Consumer within the Order placed through the Website. All information about delivery shall be directly released by the Consumer; therefore, in case of incorrect information, the Seller shall not be responsible for its failure to deliver.

4.2   The delivery time of the Products may vary between 24 and 48 hours. Such delivery timeframes are to be considered merely indicative and they shall not represent binding deadlines for the Seller. Delivery delays may be caused by the temporary unavailability of the Products, by a dysfunctional service of the express courier, or due to other circumstances of force majeure or due to recurring holidays. Longer delivery time shall not entitle the Consumer to receive any compensation whatsoever.

4.3   The Seller undertakes to employ his best efforts in order to comply with the delivery time indicated in the Website. It is understood that the Seller cannot and shall not be held responsible for any delay due to the courier responsible for shipment.

4.4   The Products ordered by the Consumer will be shipped according to the terms selected by the Consumer, among those available and indicated in the Website at the time the Order is submitted. The Consumer undertakes to check promptly and as soon as possible that the delivery includes just all the Products purchased and to inform the Seller promptly of any defect in the Products received or of their non-conformity with the order placed, according to the procedure set out in these Conditions, failing which the Products will be considered as accepted. In case the packaging or envelope of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reserve”.

4.5   Once the Product is handed over to the express courier, the Consumer shall receive an e-mail confirming the delivery of the Product, (the “Delivery Confirmation”). The Delivery Confirmation includes a tracking number and/or a link to track online the status of delivery. Deliveries shall take place in business working days, with the exclusions of Saturdays and national holidays, during business hours.

4.6   In case of failure to deliver the Products within a thirty-day (30) deadline for reasons attributable exclusively to the Seller, the Consumer is entitled to request the Seller to fulfill the delivery within an additional time coherent with the circumstances. Furthermore, the Consumer shall be entitled to terminate the contract only in case such additional timeframe expires without the Product(s) being actually delivered.

5.     Prices, shipping costs, taxes and duties

5.1  All prices are given in Euro currency (€) including VAT tax applicable to each Product category. Prices may vary: in such a case, the Website shall be updated so as to display the new price. The cost of each Product shall be charged in Euro currency. The possible exchange value into other currencies is merely indicative and not binding on the Seller.

5.2  The final cost resulting at the completion of the Order includes delivery costs which may vary according to the country of final destination (the Consumer shall visualize the delivery cost at the completion of the Order, prior to confirmation). However, custom taxes and/or any additional sales tax necessary to import the Product to a foreign territory are not included.

5.3  In case of delivery to a country not being member of European Community, the Product can be subject to custom taxes and additional sales taxes. Any additional fee related to custom clearance shall exclusively be borne by the Consumer. In case of refusal of the Product and/or of failure to deliver due to other reasons (for example, wrong indication of the Consumer’s mail address and/or phone number; frequent absence of addressee, etc.), the Consumer shall be charged of the amount covering the following fees: “Delivery of the Product” plus “return of the Product to Sender” plus “custom clearance for the return” that altogether shall be deducted from the reimbursement of the price of the Product. Custom taxes and any additional tax may vary based on the final destination country and are applied at the arrival time of the Product in the relevant country. For further information about custom fees and taxes as well as about custom clearance procedure, Consumer may contact custom authorities and competent offices in the country of final destination.

5.4  Any additional costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered in accordance with these Conditions, shall be paid exclusively by the Consumer.

5.5  The Consumer declares that the lack of knowledge of the costs, charges, taxes and/or duties – referred to in the previous clauses 5.3 and 5.4, at the time of sending an Order to the Seller, cannot constitute a cause for termination of the contract and cannot in any way charge the Seller for the above charges.

6.     Payment

6.1  The Payment of the Product price shall be performed as herein below outlined:

·       as for advanced payment, by clicking on the “Place Order” button, to be performed via credit card. Accepted credit cards are Visa, MasterCard, American Express and PayPal or Stripe. The credit card used shall be charged for the entire amount due by the Consumer at the time of submission of the Order.

6.2  The invoice has to be requested by the Comsumer simultaneously upon the confirmation of the Order. The Consumers who wish to have the invoice addressed to a company, shall request the invoicing during check-out by marking the specific box devoted to ‘invoicing to company’. The invoice shall be attached to the Order confirmation e-mail. Seller shall decline the request of invoicing issued in the days subsequent to the date of the Order Confirmation.

6.3  The Seller shall promptly transmit to the Consumer, if required by applicable law, the tax receipt related to the purchase made in electronic format via e-mail to the address declared by the same.

7.     Unavailability of the products and force majeure

7.1  In case one or more Products ordered by the Consumer should not be available, it shall not be possible for Seller to accept the Order. In such case, the Seller shall inform the Consumer immediately by e-mail, the Order shall remain valid and the contract shall be executed limitedly to the Products effectively shipped. The Consumer shall not be able to refuse the delivery or payment of the effectively delivered goods, nor shall be entitled to compensation or indemnification, but only to restitution of the price already paid and corresponding to any unavailable Product(s), without prejudice to the right of withdrawal under the terms and conditions set out in clause 9 below.

7.2  In the event of unavailability of one or more Products, occurring after the Order Confirmation, the Seller shall inform the Consumer by e-mail, without however proceeding to the shipment of the remaining Products ordered by the Consumer. In this case the contract shall remain valid limitedly to the Products effectively shipped and the Consumer may not refuse the partial delivery or the payment of the goods effectively delivered, nor shall he have the right to obtain compensation or indemnity, but only to receive the restitution of the price corresponding to the Product/s that are not available, where already paid.

7.3  In the event that the contract cannot be executed or anyhow performed by Seller, even in part, due to the unavailability of the goods or due to any other cause of force majeure (including pandemic events, including Covid-19), Seller shall inform Consumer by e-mail within thirty days from the day the Order is sent, and shall be released from all obligations, except for the reimbursement of any sums already paid by the latter.

8.     Copyright and Trademarks

8.1  The contract does not entitle the Consumer to exercise any right upon all and any brands, logos and other distinctive features nor upon their related contents outlined in the Website. The contents of the Website (texts, graphics, images and animation) are all protected by copyright. All contents of the Website, including but not limited to: trademarks, designs, texts, artistic works, drawings, photographs and images the “Content”), are wholly-owned by the Seller and/or to the companies supplying the Website contents. All elements displayed within the Website, including but not limited to the overall design and layout of the Website and the Content are all reserved rights, protected by copyright, moral rights, database rights, trademarks rights, and any related Intellectual Property rights. Thus, the Website, the overall “Content” as well as all related rights shall remain under exclusive ownership of the Seller. All such rights are reserved.

8.2  The contents of the Website cannot be reproduced, either wholly or partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.

9.     Right to withdraw

9.1  According to clause no. 52 and subsequent clauses of the Consumer Code (Italian Legislative Decree no. 206/2005, as modified by legislative decree no. 21/2014) the Consumer shall have the right to withdraw from the contract with no penalties, without providing any given reason, within and no later than the 14th day (fourteenth day) from the date he/she, or a third party named by him/her, who is not the carrier, has taken possession of the Products (or, in case of a contract for multiple Products, ordered in the context of a single Order and which are being delivered separately, of the final delivery of the last Product).

9.2  The onus of proof as regards the exercise of the right of withdrawal is on the Consumer, so therefore it id advisable to send a registered mail within 48 hours following the email, fax or online communication. The withdrawal notice shall contain the following information:

·       The Order Number;

·       The Product Code to be returned;

·       Motivations for the return of the Product (optional)

9.3  In case of exercise of the withdrawal right, the Consumer shall have to return the Product(s) to Seller to the following address: Via Canziani 23, Quero Vas 32038 (BL) within and no later than fourteen days (14) from the date of the withdrawal notice.

9.4  The deadline shall be deemed met if the Consumer sends back the Products (via express courier and/or via registered/certified mail) before the expiration of such 14-day period.

9.5  The return of Products shall be at Consumer’s risk and expense. Consumer is advised to carefully wrap the Product and to use an express courier or other means of delivery that allow tracking of the shipment. It is also recommended to ensure the shipment since no reimbursements shall be provided in case of failure to deliver occur.

9.6   The Consumer shall be responsible to return the Products in well-preserved conditions, in their original packaging, perfectly intact and suitable for reselling purposes, together with the original and unremoved labels belonging to the Products. The Consumer shall also be fully responsible of any potential decrease of value of the Products resulting from the improper handling and/or irregular use of the Products, other than what is necessary to establish the nature, characteristics and functioning of the Products. In such event, The Seller shall have the right to withhold the amount corresponding to such decreased value from the reimbursement.

9.7   Should the withdrawal right be exercised in compliance to the terms herein, Seller shall refund the Consumer within fourteen (14) days from the date of reception of the withdrawal notice, applying the same method of payment issued for the initial transaction, and provided that it shall not imply any additional cost due to the reimbursement to the Consumer. However, according to clause no. 56, clause III of the Consumer Code, Seller shall have the right to withhold reimbursement until receipt of Products or until the Consumer has supplied evidence of having sent back the Products (for example, by showing the receipt of the registered/insured delivery or by showing the express courier delivery tracking number), whichever is the earliest. As for the Italian territory only, in case of cash on delivery, the reimbursement shall be performed by bank transfer on to the Consumer’s bank account indicated by the Consumer within the withdrawal communication.

9.8   The withdrawal right shall only be applicable to individuals acting as ‘consumers’, namely, whose purchase is unrelated from their entrepreneurial, business, craftsmanship and/or professional activity, if any. Therefore, companies as well as retailers shall not be entitled to benefit from the withdrawal right.

9.9       In accordance to clause no. 59 of the Consumer Code, the withdrawal right shall likewise not be applicable to the supply of Customized Products, magazines and sealed products that cannot be returned due to reasons related to hygiene and people health protection and that have been opened after delivery, as well as to the supply of audio videos and recordings. Therefore, the return of Product(s) that may come close to the body intimate parts (for example, underwear piece of clothing and bathing suits) shall not be accepted in all and any cases. Should a package be constituted by more than one item and should it contain an underwear piece of clothing duly sealed separately, it shall be possible to return it only in case its packaging proves to be unaltered and unopened by Consumer. The removal and/or the damage to the packaging and/or to the “guaranteed seal of integrity” shall at all times and by all means exclude the right of withdrawal.

9.10     The Consumer is responsible for the decrease in the value of goods resulting from a manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with a sign of wear, abrasion, scratches, deformation, etc.), not complete with all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the enclosed instructions/notes/manuals, by the original packaging and by the guarantee certificate, where present, the Consumer will respond to the decrease in the value of the goods, and will be entitled to the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the good as much as strictly necessary to establish the nature, characteristics and functioning of the same and to coat the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport even from writing or labels.

10.     Seller’s legal warranty of conformity

10.1. Should the Consumer identify a lack of conformity of the Product, Consumer shall be entitled to require either the repair or the replacement of the defective Product, without having to bear any costs. However, the above condition shall not be applicable in case the repair and/or the replacement are not possible or too expensive compared to the cost of the original Product. Such being the case, the Consumer shall be entitled to ask for a consistent price reduction, or to terminate the contract and ask for the reimbursement of a sum corresponding to the value of the Product against return of the defective Product. However, Consumer may only terminate the contract if the lack of conformity is not minor.

10.2. Upon Consumer’s claim, the Seller shall within a reasonable span of time provide and manage the pick-up of the Product at the Consumer’s address. After checking of non-compliance of the Product, Seller shall remedy, without charging any additional fee to the Consumer, the lack of conformity by either repair or replacement, according to the Consumer’s choice, unless the remedy requested by the Consumer is unreasonably expensive. However, in case the repair and/or the replacement are not possible or too expensive compared to the cost of the original Product, Seller shall apply a consistent price reduction or shall refund the sum paid by the Consumer for the defective Product against return of the Product. Notwithstanding the above, Seller shall be entitled to propose alternative solutions such as, for example, replacing the purchased Product with another one that has an equivalent economic value compared to the purchased Product, available within the Website, or giving to the Consumer a bonus, of equivalent value corresponding to the amount paid, to be exploited at a further moment by getting in touch with Seller customer care. Should the Consumer agree, Seller shall provide to duly perform and execute the remedy specifically identified.

10.3. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (“Consumer Code”), the Seller warrants to Consumer that the Products will be free from design and material defects and will comply with the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The Consumer may make the complaint directly in writing by registered letter with return receipt, to the addresses indicated in the customer care section of the Website.

10.4 Following receipt of the form and the related documentation, Seller will evaluate the defects and non-conformities reported by the Consumer and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with a feedback containing the “Return Code” by e-mail to the address provided by the latter during the registration process on the Website or during the transmission of the Order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities whose existence must be ascertained after the return. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice containing the “Return Code” within 30 (thirty) days from the notification of the defect or non-conformity to the email address

10.5 Lack of conformity for the purposes of this clause shall mean:

·       the product cannot be utilized;

·       the product does not comply with the description given by the Seller, or does not meet the quality standard.

10.6 The Seller shall not refund Products damaged by negligence or misuse or activities other than the intended purpose. The application of any warranty is excluded in case of use or washing of the Product that does not comply with the Product’s own use and with the instructions/warnings provided by the Seller, that are indicated in the illustrative reference documentation, tags or labels.

10.7 In case of defects or non-conformities, the Consumer will be entitled to restore the conformity of the Product by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by the clause. 130 of Legislative Decree no. 206/2005.

10.8  If the Seller has undertaken to refund the price paid by the Consumer, the refund will be made, where possible, by the same mean of payment used by the Consumer when purchasing the Product or by bank transfer. It will be responsibility of the Consumer to communicate to the Seller, again by e-mail to, the bank details to make the transfer in his/her favor and to ensure that the Seller is put in a position to be able to return the amount due.

11.     Liability for damage from defective products

11.1. As regards any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code will be applied. The Seller, as distributor of the Products through the Website, shall be released from any liability, none excluded and/or excepted, indicating at the request of the damaged Consumer the identity and domicile of the relevant producer.

12.  Applicable law and competent Court

12.1. Any sales agreement between the Seller and Consumers pursuant to these Conditions shall be governed by Italian Law and shall be subject to Italian jurisdiction and that the “United Nations Convention on Contracts for the International Sale of Goods”, adopted in Wien on April 11th 1980, shall not be applicable. On the contrary, mandatory and more favorable rules and regulations foreseen by the law applicable in the country outside of Italy where the Consumer – being the consumer – is resident, shall be applicable.

12.2. In case the Consumer, being the consumer, is residing or domiciled in Italy, the supply and the sales of Products within the Website shall represent a ‘distance contract’ governed by provision I, chapter III (clauses no. 45 and subsequent) of the Consumer Code (Italian legislative decree no. 206/2005 as modified by the legislative decree no. 21/2014) and by the legislative decree no. 70/ 2003, regulating e-commerce. In any case, any rights granted to Consumers by provisions of the law in the state of the latter will be saved.

12.3. Any dispute arising out or in connection with the validity, the execution and/or the interpretation of the contract, shall be settled: a) by the Court of the place where the Consumer, being the consumer, proves to be resident or domiciled within the Italian territory; b) exclusively by the Court of Padova, Italy, in all other cases.

12.4. The Consumer, being the consumer, shall be entitled to pursue an extra judicial resolution of all controversies related to the Consumer Reviews by means of recurring to the procedures as outlined within provision V, chapter II-ibid of the Consumer Code – (ADR – Alternative Dispute Resolution). We herein inform that as for any alternative tools of disputes, a European platform has specifically been instituted for the online resolution of consumers’ disputes, (ODR platform). This platform is accessible on: Within ODR platform, the Consumer, being the consumer, shall be entitled to consult the list of all related ADR agencies, find their links and have access into the Website of each ADR agency, thus apply for and start the online procedure for the resolution of the dispute wherein the Consumer is involved.

12.5  Notwithstanding the above, the Consumer, being the consumer, shall always be entitled to refer to the competent Court and Judge for the dispute controversy deriving from these Conditions and/or from the contract regardless of the outcome of the extra judicial procedure.

Terms and conditions of sales – version 02/2022