Terms of service

 

Effective June 27, 2023.

The following General Conditions of Sale govern the offer and sale of products on this website backboneprostore.com (Site).

The products purchased on the Site are offered and sold by Backbonepro, with registered office in Sesto Fiorentino (FI), via del Mandorlo, 13 and VAT IT07284910481.

 

1.Scope

1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.

1.2 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.3 These General Conditions of Sale do not govern the sale of products and / or the provision of services by parties other than Backbonepro that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. Backbonepro is not responsible for the provision of services and/or for the sale of products by such parties. On the websites that can be consulted through these links Backbonepro does not carry out any control and / or monitoring. Backbonepro is therefore not responsible for the contents of such sites nor for any errors and / or omissions and / or violations of the law by them.

 

  1. Purchases on the Site

2.1 Access to sales made through the Site is reserved exclusively for users who are at least 18 years old.

2.2 Access to the offers on the Site is allowed both to users who are consumers and to users who are professionals. Pursuant to art. 3, paragraph I, lett. a) of the Consumer Code, please note that the quality of consumer is the natural person who, in relation to the purchase of the Products, acts for purposes unrelated to any commercial, craft, entrepreneurial or professional activity carried out; while pursuant to art. 3, paragraph I, lett. c) of the Consumer Code, the natural or legal person acting in the exercise of his entrepreneurial, commercial, craft or professional activity, or his intermediary, has the quality of professional.

2.3 Under no circumstances may retailers or wholesalers make purchases on the Site or, in general, all persons who intend to purchase the Products for subsequent resale.
It is therefore forbidden for these subjects to register on the Site and make purchases on the Site.

2.4 Backbonepro reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of a purchase contract with Backbonepro; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have issued false, incomplete or otherwise inaccurate identification data or who have not promptly sent Backbonepro the documents requested by the same on the basis of these General Conditions of Sale or who have sent invalid documents; (v) by users who do not give sufficient guarantees of solvency.

 

  1. Registration on the Site

3.1 The purchase of Products on the Site is allowed both to registered users and to users who are not registered on the Site. Registration on the Site is free. To register on the Site, the user must fill out the registration form accessible from the "Login" link on any page of the Site.

3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Backbonepro without delay, by contacting it as indicated in art. 14, in case of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the registration process on the Site is complete and truthful. The user agrees to hold Backbonepro harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration to the Site or on the conservation of registration credentials.

 

  1. Information aimed at the conclusion of the contract

4.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Backbonepro informs the user that:

  • to conclude the purchase contract for one or more Products on the Site, the user must fill out an order form in electronic format and send it to Backbonepro, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different phases of the purchase;
  • the contract is concluded when the order form reaches the Backbonepro server;
  • once the order form has been registered and the confirmation of the authorization to pay the total amount due has been received, Backbonepro will send the user, by e-mail to the e-mail address indicated, the order confirmation, containing a summary of the General Conditions of Sale and the particular conditions applicable to the contract, information on the characteristics of the Product purchased, detailed indication of the price,  the means of payment used, the delivery and billing data, the delivery costs and any additional costs as well as the contacts of the Customer Service, which the user can contact to request assistance and / or submit complaints. It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the withdrawal form pursuant to art. 10 will be attached to the e-mail confirming the shipment of the purchased product.
  • the order form will be filed in the Backbonepro database for the time necessary to process the order and, in any case, within the terms of the law. To access your order form, you can consult your account.

 

  1. Validity of offers and prices

    5.1 All prices of the Products are expressed in Euro (€) and are inclusive of Value Added Tax ("VAT"). Any additional cost, including VAT and expressed in Euro (€), will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same, as well as on the order confirmation e-mail.

5.2 The price of the Products may be changed by Backbonepro at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (increasing or decreasing) in price subsequent to the transmission of the order will not be taken into account.

5.3 Products may be offered for sale on the Site at discounted prices. The full price indicated on the Site (Crossed Price ) and with respect to which the discount that Backbonepro applies is calculated corresponds to the list price published on the Site. The user is reminded that the Crossed Prices may provide an indication of the value of the Product, but that in some physical stores the actual price of the same may be different.

5.4 On the Site it is possible for some categories of products to request a customization operation through the indelible affixing of their own identifier and according to the methods indicated including, for example, the available graphics. It is not possible to request customizations other than those provided by the Site.

 

  1. Purchase Orders - Product Information

6.1 Backbonepro will process the purchase order, and then ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional cost, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. Of this termination and the consequent cancellation of the order, the user will be notified immediately after the transmission of the order, through the Site.

6.2 The Products will remain the property of Backbonepro until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Backbonepro, however, will be transferred to the user when the user, or a third party designated by the same and different from the carrier, will physically come into possession of the Products.

6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with tolerances of use. For the purposes of the
purchase contract, the description of the Product contained in the order form sent to the user will prevail.

 

  1. Availability of Products

7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.

7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the Total Amount Due has already taken place, Backbonepro, without prejudice to the user's right to compensation for damages, will refund this amount without undue delay and, in any case, within a maximum period of 15 working days from sending the order. The amount of the refund will be communicated to the user by e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit.

7.3 In the case of orders concerning a plurality of Products (Multiple Order), if the supervening unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2 above, if the unavailability concerns all the Products covered by the order, Backbonepro will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product (s) that has become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user avails himself of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, in relation to the Product (s) that has become unavailable or in any case in which the payment of the Total Amount Due has already taken place, Backbonepro, without prejudice to the user's right to compensation for damages, will refund the amount due in relation to such Product (s), including delivery costs,  calculated as indicated in art. 8.3 below, and any other additional costs due in relation specifically to these Products (Partial Amount Due) without undue delay and, in any case, within a maximum period of 15 working days from the sending of the order. The amount of the refund will be communicated to the user by e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order that have become unavailable compared to the other Products covered by the Multiple Order available.

 

  1. Delivery of purchased Products

    8.1 Deliveries of the Products purchased are made worldwide, with standard and express service. Any delivery restrictions will be indicated from time to time on the Site.

8.2 Shipping is free for orders equal to or greater than Euro 99.00, unless otherwise specified on the Site and in the "Available shipments" section. Any amount of delivery costs due by the user in relation to a specific order, is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the same. In the event of failure to indicate a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.

8.3 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed to the user will be quantified in proportion to the value of the Product subject to withdrawal.

8.4 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user. It is up to the user to check the condition of the Product that has been delivered to him/her. It being understood that the risk of loss or damage to the Products, for reasons not attributable to Backbonepro is transferred to the user when the user, or a third party designated by the same and different from the carrier, physically comes into possession of the Product, it is recommended that the user check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered,  also in the closing materials and it is invited, in its interest, to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the event that the loss or damage is due to willful misconduct or gross negligence of the courier itself and except for partial loss or damage not recognizable at the time of delivery,  provided that in the latter case, the damage is reported as soon as it is known and no later than seven days after receipt. In the event that the package shows obvious signs of tampering or alteration, it is also recommended that the user promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unchanged. The courier makes one or two delivery attempts (depending on the type of shipment), after which it will return the Products to  Backbonepro, which will refund the money to the customer. At the time of delivery nothing is due to the courier.

8.5 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.

 

  1. Payment Methods

9.1 Payment for the Products can be made by credit card, bank transfer, PayPal and Klarna. In the event that one of these means / payment solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase process.

9.2 The commercial invoice will be sent by email. For the issuance of the invoice, the information provided for this purpose by the user will prevail, which he declares and guarantees to be true, undertaking to hold Backbonepro harmless and indemnified from any damage, including sanctions issued by the competent authorities, may derive from the same in the event of failure to comply with the truth of the same.

9.3 Payment by credit or debit card

9.3.1 Payment for the Products can be made by credit or debit card directly through the Site. Backbonepro accepts VISA, Maestro, MasterCard and American Express cards. At the time of transmission of the order, no charge will be made to the credit card used by the user for payment. The charge will be made only after (i) the credit card information used by the user for payment has been verified and (ii) the credit card company used by the user has issued the authorization to debit. In application of Directive 2015/2366/(EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by fulfilling the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered on the Site at the time of the purchase transaction) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.

9.3.2 In order to ensure the security of payments made on the Site and prevent any fraud, Backbonepro reserves the right to ask the user, by e-mail, to send, by the same means, a copy of the front / back of his identity card and, in the event that the holder of the order is different from the cardholder, of the identity card of the latter. The document must be valid. The request e-mail will specify the deadline within which the document must be received by Backbonepro. This term will not, in any case, exceed 5 working days from receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.

9.3.3 In the event that Backbonepro does not receive such documents within the term specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by right pursuant to and for the purposes of art. 1456 c.c. and the order consequently canceled, without prejudice to the right of Backbonepro to compensation for any damage in which the same may have incurred due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Backbonepro, will result in the cancellation of the order, with consequent reimbursement of the Total Amount Due.

9.3.4 In case of receipt by Backbonepro of valid documentation within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.

9.3.5 The confidential data of the credit card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers that Backbonepro uses. Backbonepro therefore never has access to and does not store the data of the credit card used by the user for the payment of the Products, except, limited to the data relating to the cardholder, the case provided for by Articles. 9.3.2 and 9.3.3.

9.4 Payment by PayPal and Klarna payment solution.

9.4.1 The payment of the Products purchased on the Site can be made through the payment solution PayPal. If the user chooses PayPal as a means of payment, he will be redirected to the www.paypal.com site where he will pay for the Products according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with Backbonepro. The latter is therefore not able to know and does not store in any way the data of the credit card linked to the user's PayPal account or the data of any other payment instrument connected with that account.

9.4.2 In the case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to the user will be credited to the PayPal account of the same. The timing of crediting the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Backbonepro cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to dispute which the user must contact PayPal directly.

9.4.3 Purchases can also be made on the Website using Klarna's three-(3) instalment payment solution. The first payment is charged at the time of shipment of the order itself, while the next two payments are charged respectively 30 and 60 days from the first charge. If you choose Klarna as your means of payment, you will be redirected to the www.klarna.com website where you will follow the procedure provided for and governed by Klarna and the terms and  conditions of the contract agreed between you and Klarna. The data entered on the  Klarna website will be  processed directly by Klarna and will not be transmitted or shared with Backbonepro.

 

  1. Right of Withdrawal

10.1 The user who is a consumer has the right to withdraw from the contract concluded with Backbonepro, without having to incur costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

  1. a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
  2. b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
  3. c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

10.2. To exercise the right of withdrawal, the user must inform Backbonepro of his decision to withdraw, before the expiry of the Withdrawal Period.

10.3 To this end, the user can use the model withdrawal form (Model Withdrawal Form) made available to him in the Contact Us section of the Site, through a special link, before the conclusion of the contract or request it through the Contact Us form on the Site. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the interest of the same to use a durable medium when communicating to Backbonepro his withdrawal or it will be the right of Backbonepro, to request any photographic and / or video evidence from the user.

10.4 For the return of the Product, the user, after exercising the right of withdrawal in the manner indicated in this article, will be contacted by the Customer Service of Backbonepro who will provide instructions for returning the Product, indicating the courier and agreeing on the pick-up date. The direct costs of returning the Product are borne by Backbonepro. The return of the Product to Backbonepro takes place under the responsibility of the user; The product is considered returned when it is delivered to the carrier. If the user has used a discount code (see below sub 11) for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.

10.5 If the user withdraws from the contract, Backbonepro will refund the Total Amount Due paid by the user for the Product, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which Backbonepro was informed of the user's decision to withdraw from the contract. The refund will be made using the same means of payment used by the user for the initial transaction; In any case, the user will not incur any costs as a result of such reimbursement. The Model Instructions on Withdrawal, containing information on the exercise of the right of withdrawal, are made available to the user on the Site, before the conclusion of the contract, through a special link and through the "Right of Withdrawal" link, present in the footer of the Site as well as attached to the shipping confirmation e-mail.

10.6 In the case of partial withdrawal, the amount of delivery costs to be returned to the user following the withdrawal will be calculated as indicated in art. 8.3 above.

10.7 You are solely responsible for any diminished value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute standalone Products) of the Product.

10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Backbonepro will notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by Backbonepro, will remain at Backbonepro available to the user for collection which must take place at the expense and under the responsibility of the user.

10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. Backbonepro will notify the user of the circumstance and the consequent decreased amount of reimbursement within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount due by the user due to the decrease in value of the Product.

10.10 In the event that, in the event that one of the legal hypotheses occurred, the right of withdrawal does not apply, this exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase process, before the user proceeds to transmit the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns:

  • products made to measure or clearly personalized (for example purchased in the manner referred to in point 5.4);
  • sealed products that are not suitable for return for hygienic or health protection reasons, which have been opened after delivery.

10.11 Regardless of the possibility of exercising the right of withdrawal, Backbonepro offers the user the possibility to exercise the right of return, according to the terms and conditions indicated on the "Returns" page on the Site. The right of return is in addition to and does not replace the right of withdrawal governed by the preceding articles.

 

11.Discount Codes

11.1 On the Site you can also purchase through discount codes issued by Backbonepro. If the value of the discount code is lower than that of the order, the remaining sum can be completed according to the other payment methods provided on the Site.

11.2 Discount codes cannot be combined with each other for a single purchase. Discount codes cannot be used to purchase products already on promotion. You can't use discount codes for payments of spending amounts less than their value. Each discount code can only be used for one purchase. In no case do discount codes entitle you to change in the case of purchases of a lower amount.

11.3 Any products for which it will not be possible to use discount codes will be duly reported on the Site. In case of cancellation for any reason of an order for which a discount code has been used, the relative amount will be credited back to the customer's personal account.

11.4 Under no circumstances can discount vouchers be converted into cash.

 

  1. Legal Guarantee of Conformity

    All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Guarantee).


TO WHOM IT APPLIES

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not have the quality of consumers will be applied the guarantees for defects of the thing sold, the guarantee for defects of quality promised and essential and the other guarantees provided by the civil code with the relative terms, forfeitures and limitations.


WHEN TO APPLY

The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years of such
delivery. The lack of conformity must be reported to the seller, at the addresses indicated in art. 14. Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within one year of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the thirteenth month following delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is advisable, therefore, that the user, for the purposes of this proof, keeps the purchase invoice, which Backbonepro sends him, or any other document that can certify the date of purchase (for example the credit card statement) and the date of delivery.


WHAT IS A LACK OF CONFORMITY

There is a lack of conformity, when the purchased good:

  • it is not suitable for the use for which goods of the same type are normally used;
  • does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
  • does not have the usual qualities and performances of goods of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labelling;
  • it is not suitable for the particular use desired by the consumer and that has been brought to the attention of the seller at the time of conclusion of the contract and that the seller has accepted. Any failures or malfunctions or other defects caused by accidental events or by the user's responsibility or by a use of the Product that does not comply with its intended use and / or as provided in the technical documentation attached to the Product, if any, or in the instructions for use relating to the same, are therefore excluded from the scope of the Legal Guarantee.


REMEDIES AVAILABLE TO YOU

In case of lack of conformity duly reported within the terms, the user has the right:

  • primarily, the free replacement of the goods, unless the remedy requested is objectively impossible or excessively burdensome compared to the other and, therefore, in the specific case, considering the type of sale, the replacement, where this is possible in relation to the number of specimens still available for sale;
  • secondarily (i.e. in the event that the replacement is impossible or excessively expensive or the replacement has not been carried out within a reasonable time or the replacement previously made has caused significant inconvenience to the consumer) to the termination of the contract.

The remedy sought is excessively burdensome if it imposes on the seller unreasonable expenses compared to the alternative remedies that can be exercised, taking into account (1) the value that the goods would have if there were no lack of conformity; (2) the extent of the lack of conformity; (3) whether the alternative remedy can be used without significant inconvenience to the consumer.


WHAT TO DO IN THE PRESENCE OF A LACK OF CONFORMITY

In the event that a Product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user
must contact Customer Service, at the addresses and in the manner indicated in art. 14. Backbonepro will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also to agree on the methods of shipment of the goods, also taking into account the product category to which the Product belongs and / or the defect reported.


REIMBURSEMENT OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE

In case of termination of the contract, Backbonepro will return to the user the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of price reduction, Backbonepro will refund the amount of the reduction, previously agreed with the user. Alternatively, the user may choose to receive a voucher, which can be spent on the Site, of a value equivalent to the amount of the refund or, respectively, the reduction to which he is entitled. The amount of the refund or reduction will be communicated to the user by e-mail and credited to the means or payment solution used by the user for the purchase. Backbonepro is not responsible in case of damages, of any nature, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.

 

  1. Applicable law and jurisdiction; out-of-court dispute resolution (ADR/ODR)

13.1 The contracts concluded between users of the Site and Backbonepro are governed by Italian law. This is without prejudice to the application to consumer users, who do not have their habitual residence in Italy, of any more favorable and mandatory provisions provided for by the law of the country in which they habitually reside; in particular, in relation to the deadline for exercising the right of withdrawal, at the end of the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

13.2 Please note that, in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has elected domicile is competent.

13.3 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), Backbonepro informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to Backbonepro, as a result of which it has not been possible to resolve the dispute thus arisen, Backbonepro will provide information about the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR entities, as indicated in articles 141-bis and following of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute itself. Backbonepro also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of  the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR entities, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved. In any case, the right of the consumer user to refer to the competent ordinary judge of the dispute arising from these General Conditions of Sale is reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

13.4 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed,  excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

 

  1. Customer service and complaints

    14.1 It is possible to request information, send communications, request assistance or submit complaints, by contacting Customer Service by filling out the form on the "Contacts" page, or by sending an email to: sales@backboneprostore.com.

14.2 Backbonepro will respond to complaints submitted within two working days of receipt of the same.