Terms and conditions
1. General Provisions
1.1 These Terms and Conditions (“Terms”) govern the sale of furniture and related services by Bottone GmbH (“Bottone”, “we”, “us”, “our”) to consumers and businesses (“Customer”, “you”, “your”). By placing an order with us, you agree to be bound by these Terms.
1.2 The contract is concluded in English. Our communications with you will be conducted in English unless otherwise agreed.
1.3 Any differing or additional terms proposed by you are rejected and will only apply if expressly agreed in writing by us.
2. Orders and Contract Formation
2.1 By placing an order, you make a binding offer to purchase the goods in accordance with these Terms. We reserve the right to accept or reject any order at our discretion.
2.2 A contract is formed only upon our written confirmation of your order. This confirmation will be sent to you via email.
3. Prices and Payment
3.1 All prices are inclusive of statutory VAT and other applicable taxes but exclusive of delivery charges unless stated otherwise.
3.2 Payment is due immediately upon invoicing. We accept payment via bank transfer, credit card, or other methods as specified at the time of order.
3.3 If you fail to make any payment when due, we reserve the right to charge interest on the overdue amount at the rate of 5% per annum above the base rate of the European Central Bank from the due date until the date of payment.
4. Delivery and Transfer of Risk
4.1 Delivery dates are estimates only and are not binding. We will make reasonable efforts to deliver goods within the estimated time.
4.2 Risk of loss or damage to the goods passes to you upon delivery to the address specified in your order.
4.3 If you fail to take delivery of the goods, we may store the goods until delivery takes place, and you will be liable for all related costs and expenses (including storage and insurance).
5. Retention of Title
5.1 We retain title to the goods until full payment of all amounts owed by you to us.
5.2 You must handle the goods with care and must not pledge or transfer ownership of the goods as security before the title has passed to you.
6. Right of Withdrawal (Consumers)
6.1 If you are a consumer, you have the right to withdraw from this contract within 14 days without giving any reason.
6.2 The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
6.3 To exercise the right of withdrawal, you must inform us at ciao@bottone.de of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email).
6.4 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
7. Effects of Withdrawal
7.1 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
7.2 We will make the reimbursement without undue delay and not later than 14 days after the day we are informed about your decision to withdraw from this contract.
7.3 We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
7.4 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.5 You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
8. Warranty and Liability
8.1 We warrant that the goods will be free from defects in materials and workmanship for a period of 24 months from the date of delivery.
8.2 If you are a business, the warranty period is limited to 12 months from the date of delivery.
8.3 Our liability is limited to the repair or replacement of defective goods. We will not be liable for any indirect, consequential, or special damages, including loss of profits, revenue, or data.
8.4 The above limitations do not apply in cases of intent or gross negligence, injury to life, body, or health, or any other liability that cannot be excluded or limited by applicable law.
9. Data Protection
9.1 We will process your personal data in accordance with our Privacy Policy, which is available on our website.
9.2 By placing an order, you consent to the processing of your personal data for the purposes of fulfilling your order and other purposes as set out in our Privacy Policy.
10. Governing Law and Jurisdiction
10.1 These Terms are governed by the laws of Germany, without regard to its conflict of law principles.
10.2 If you are a consumer, you may bring any disputes which may arise under these Terms to the competent court in your jurisdiction.
10.3 If you are a business, any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.
11. Miscellaneous
11.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
11.2 These Terms constitute the entire agreement between you and us regarding the purchase of goods and supersede any prior agreements or understandings.
Here’s how the Return Policy can be integrated into the Terms and Conditions while maintaining a professional tone and ensuring clarity for customers:
12. Return Policy
At Bottone GmbH, we prioritize customer satisfaction while balancing the unique nature of our high-value products. Our return policy is outlined below:
12.1 Returns for Stock Items:
•You may return any stock item within 14 days of delivery for store credit or an exchange only.
•Refunds are not available.
12.2 Reporting Damages:
•Upon receiving your order, please inspect your items immediately. Any damages must be reported within 24 hours of delivery to qualify for a claim.
•Claims made after this period will not be accepted.
12.3 Customer Responsibility:
•Customers are responsible for inspecting their purchases and reporting any issues within the specified time frame.
•Items eligible for return must include the original receipt, be in their original, unused condition, and be returned with intact packaging.
•The cost of return shipping, including insurance for safe transport, is the customer’s responsibility. Any damage incurred during return shipping will void the eligibility for store credit or exchange.
12.4 Non-Refundable Items:
•Special orders, custom items, and made-to-order products are not eligible for refunds, store credit, or exchanges.
•Special orders and custom items may be canceled within 24 hours of payment, subject to a 5% cancellation fee.
12.5 Store Credit and Exchange Conditions:
•Upon receiving and inspecting the returned item, we will issue store credit or an exchange if all conditions are met.
•Items that show signs of use, damage, or incomplete packaging will not qualify for store credit or exchange and will be returned to the customer at their expense.
12.6 Instructions for Returns:
To initiate a return or report damages, contact us at ciao@bottone.de within the specified timeframe. You will receive return authorization and detailed instructions on how to proceed. Unauthorized returns will not be accepted.
Contact Information
Bottone GmbH
Managing Directors: Daniele Luciano Ferrazzano, Michele Ferrazzano
Mommsenstraße 21
10629 Berlin
Email: ciao@bottone.de
Effective Date: 1. November 2024