GENERAL TERMS AND CONDITIONS OF SALE

Index

1. Definitions

2. Subject Matter

3. Conclusion of the Sale Contracts

4. Product Availability

5. Price and Shipping Costs

6. Order Submission

7. Payment Methods

8. Shipping and Delivery of the Products

9. Right of Withdrawal

10. Defects / Non-conformity of the Products

11. Product Liability

12. Privacy

13. Errors and/or Inaccuracies in the Online Store

14. Intellectual Property

15. Applicable Law

16. Contacts

1. Definitions

The terms and expressions listed below shall have the meanings indicated herein, it being understood that terms defined in the singular shall be deemed to include the plural and vice versa.

● Customer: any person or entity (natural person or legal entity) who purchases one or more Products through the Online Store, accepting the General Terms and Conditions.

● Parties: jointly Space 2000 S.p.A and the Customers.

● General Terms and Conditions: these general terms and conditions of sale and any future new versions that may be published in the Online Store by Space 2000 S.p.A.

● Online Store: the virtual store operated by Space 2000 S.p.A and accessible at the URL http://www.bomboogie.com, through which Products can be purchased.

● Sale Contracts: the contracts for the sale of Products concluded, pursuant to art. 3, between Space 2000 S.p.A and the Customers through the Online Store.

● Orders: the purchase orders for Products submitted by Customers, in accordance with the General Terms and Conditions and following the procedure set out in art. 6.

● Order Confirmation: the e-mail by which Space 2000 S.p.A informs Customers of the acceptance of the Orders.

● Price: the sales price of the Products as indicated in the Online Store in correspondence with the relevant Products.

● Products: the goods published in the Online Store for sale.

● Account: the area of the Online Store where Customers, after authentication, can: (i) view and edit their personal data and the addresses to which the Products subject to the Orders are to be shipped and delivered; (ii) view past Orders; (iii) access any other specific function relating to their activity in the Online Store.

2. Subject Matter

2.1 The General Terms and Conditions govern all Sale Contracts and form an integral part thereof.

2.2 Space 2000 S.p.A reserves the right to amend the General Terms and Conditions at any time without notice; the version applicable to the Sale Contracts shall be the one published in the Online Store at the time the Customers submit their Orders.

2.3 In the event of any inconsistency between these General Terms and Conditions and any other terms and conditions relating to the Sale Contracts published in the Online Store, these General Terms and Conditions shall prevail.

3. Conclusion of the Sale Contracts

3.1 Space 2000 S.p.A undertakes to send Customers the Order Confirmation within 2 business days from receipt of the Orders. Within the same time frame, Space 2000 S.p.A may refuse or revoke an Order Confirmation if it shows an incorrect Price (even if such amount was actually shown in the Store) compared to the price list applied by Space 2000 S.p.A, as specified in art. 5.1 below.

3.2 The Sale Contracts shall be deemed concluded between the Parties when Customers receive the Order Confirmation. If Customers do not receive the Order Confirmation within the period indicated in art. 3.1, the relevant Order shall be considered refused by Space 2000 S.p.A and therefore without effect.

3.3 By placing and completing Orders, Customers declare that they have read all instructions regarding the purchase procedure for the Products referred to in art. 6 and that they fully accept these General Terms and Conditions as well as all additional information contained in the Online Store, including those referred to by link.

3.4 Orders will be stored in the Online Store database in accordance with the methods and in compliance with the provisions of Legislative Decree No. 196 of 30.06.2003 (“Privacy”) and will be accessible by contacting Space 2000 S.p.A at the references set out in art. 16 or by accessing the Account.

4. Product Availability

4.1 Without prejudice to art. 4.6, for each Product published in the Online Store, Space 2000 S.p.A indicates whether it:

(i) is available in its warehouses;
(ii) is not available in its warehouses;
(iii) is available “on request”;
(iv) is “customisable”.

4.2 The type of Products published in the Online Store and their availability may change at any time and, by accepting these conditions, Customers agree that Space 2000 S.p.A shall bear no liability towards the customer for any change in availability or unavailability of products.

4.3 The indication regarding Product availability is not binding, it being understood that Products indicated as “not available” pursuant to art. 4.1 (ii) cannot be ordered by Customers. In the event of supervening unavailability of a Product indicated as available at the time a Customer submits an Order, Space 2000 S.p.A, without prejudice to art. 3.2, undertakes to inform the Customer by a subsequent e-mail of the indicative time frame for new availability of the Product(s) subject to the Order sent by the Customer. The Customer may cancel the Order for such unavailable Product within 48 hours of receiving such communication from Space 2000 S.p.A (without prejudice to the right of withdrawal under art. 9) by sending an e-mail to the address specified in art. 16. In this case, Space 2000 S.p.A undertakes to refund the Price as soon as possible to the same card or payment account used by the Customer (it being understood that Products immediately available will be shipped regularly).

4.4 Where a Product is indicated as available “on request”, this means that such Product is not currently available in Space 2000 S.p.A’s warehouses, but Space 2000 S.p.A will order it from Bomboogie’s central online shop warehouses after the Customer has ordered it from Space 2000 S.p.A.

4.5 Where a Product is indicated as “customisable”, this means that the Product can be modified/adapted/customised according to the specific requests of Customers. In such case, Customers must specify their requests in the appropriate field when submitting the Orders. Following the Order Confirmation, Space 2000 S.p.A undertakes to inform Customers by e-mail of the expected shipping date of the customised Product. While Space 2000 S.p.A will do everything in its power to meet such date, it shall be understood as indicative only and shall not be binding upon Space 2000 S.p.A.

4.6 Space 2000 S.p.A reserves the right not to indicate the availability of some or all Products published in the Online Store.

5. Price and Shipping Costs; Taxes and Duties

5.1 The Price is expressed in € (Euro), except for countries with a different currency or at the sole discretion of Space 2000 S.p.A. The applicable Price is the one published in the Online Store at the time Customers place their Orders. The Customer must do everything within their power to ensure awareness of the currency used in the transaction, and Space 2000 S.p.A shall not be held liable for any loss or damage due to the use of a different exchange rate.

5.2 The Price is inclusive of VAT at the applicable rate and according to the relevant regulations (for example 22%, except for countries where the applicable VAT rate differs, such as the United Kingdom where it is 20%) where the Products are shipped by Space 2000 S.p.A and delivered within the European Union. Where the Products are shipped by Space 2000 S.p.A and delivered outside the European Union, the Price is exclusive of VAT.

5.3 The Price does not include shipping costs. Space 2000 S.p.A reserves the right to charge Customers a contribution towards shipping costs, which may vary depending on the type of delivery, the quantity of Products to be delivered, their volume, weight and destination.

5.4 The contribution requested by Space 2000 S.p.A for shipping costs is indicated separately from the Price before Customers submit the Order and shall be paid by Customers together with and at the same time as payment of the Price in accordance with art. 7.

5.5 Any taxes, duties, customs charges and other levies provided for by the laws of the country where the Products are shipped and delivered shall be entirely borne by Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge of delivery.

6. Order Submission

6.1 To submit Orders, Customers may register in the Online Store by entering all “required” data and choosing a password to submit Orders and to access their Account later.

6.2 Customers may purchase Products by selecting them in the section of the Online Store dedicated to the desired Product category and adding them to the “cart”. If Customers intend to purchase more than one Product, the same procedure must be repeated by clicking on “add more products”. Once the Product selection is completed, Customers must, if not already done, proceed with registration pursuant to art. 6.1 or, if already registered, authenticate themselves by entering their e-mail address and password in the appropriate fields and clicking on “proceed to checkout”. After verifying the accuracy of the data relating to the selected Product(s) and the “shipping information”, Customers must choose the payment method pursuant to art. 7. Once the payment method is chosen, Customers may submit the Orders by clicking “submit”. The customer must ensure that their login details are not disclosed to third parties. Space 2000 S.p.A shall not be held liable if third parties gain access to the customer’s account using the correct login details.

7. Payment Methods

7.1 Customers may pay the Price and the contribution for shipping costs referred to in art. 5 by credit card, PayPal, Amazon Pay, Google Pay, cash on delivery, bank transfer or other payment methods that may be indicated by Space 2000 S.p.A in the Online Store. Space 2000 S.p.A reserves the right to change, at any time, the payment methods available to Customers, it being understood that the methods shown in the Online Store at the time Customers submit their Orders shall be deemed available.

7.2 In the event of payment by credit card, the charge of the Price and the contribution for shipping costs referred to in art. 5 to Customers occurs—after verification of the credit card data and receipt of the charge authorisation from the issuer of the credit card used by Customers—at the same time as Space 2000 S.p.A sends the Order Confirmation. Credit card data sent during the placement of Orders are protected and transmitted directly to the banking institution that manages payments. Payment takes place directly on a secure server with SSL encryption. Credit card data are not accessible by Space 2000 S.p.A or by third parties, either at the time of Order submission or thereafter.

7.3 In the event of payment by bank transfer, Customers must make the transfer to the bank details indicated in the Online Store, stating in the payment reference the order number (including the initial letters) communicated by Space 2000 S.p.A when Customers submit the Order and in the Order Confirmation.

7.4 In the event of payment via PayPal, when Customers submit their Orders the web session will be transferred to PayPal’s secure website. On that website, Customers may complete payment of the Price and the contribution for shipping costs referred to in art. 5 using their PayPal account and according to the terms of use of the PayPal service accepted by Customers at that time or previously. The charge of the Price and the contribution for shipping costs referred to in art. 5 to Customers’ PayPal account occurs at the same time as Space 2000 S.p.A sends the Order Confirmation.

7.6 In the event of payment via Amazon Pay, when Customers submit their Orders the web session will be transferred to Amazon Pay’s secure website. On that website, Customers may complete payment of the Price and the contribution for shipping costs referred to in art. 5 using their Amazon Pay account and according to the terms of use of the Amazon Pay service accepted by Customers at that time or previously. The charge of the Price and the contribution for shipping costs referred to in art. 5 to Customers’ Amazon Pay account occurs at the same time as Space 2000 S.p.A sends the Order Confirmation.

7.7 In the event of payment via Google Pay, when Customers submit their Orders the web session will be transferred to Google Pay’s secure website. On that website, Customers may complete payment of the Price and the contribution for shipping costs referred to in art. 5 using their Google Pay account and according to the terms of use of the Google Pay service accepted by Customers at that time or previously. The charge of the Price and the contribution for shipping costs referred to in art. 5 to Customers’ Google Pay account occurs at the same time as Space 2000 S.p.A sends the Order Confirmation.

7.8 If requested by Customers when submitting the Orders, Space 2000 S.p.A will send Customers a proper invoice by e-mail or post. For the purposes of issuing the invoice, the information provided by Customers shall be deemed accurate. No change to the invoice will be possible after it has been issued by Space 2000 S.p.A.

7.9 The information received by Space 2000 S.p.A pursuant to this art. 7 will be used exclusively to complete the procedures relating to the sale of the Products and for refund procedures in the event Customers exercise the right of withdrawal under art. 9.

8. Shipping and Delivery of the Products

8.1 For the purposes of these General Terms and Conditions, “shipping” of the Products by Space 2000 S.p.A means delivery of the same to the couriers selected from time to time pursuant to art. 8.2. Space 2000 S.p.A is not required to ship the Products until it has received payment of the Price; once payment of the Price has been received, Space 2000 S.p.A agrees that the Products will be collected by the couriers from the warehouses:

(i) in the case of available Products (as defined in art. 4):

• within 3 business days from receipt of the charge authorisation referred to in art. 7.2 in the event of payment by credit card;

• within 3 business days from the time Space 2000 S.p.A is provided with confirmation of payment in the event of payment methods other than credit card;

(ii) in the case of Products initially available that become unavailable (as defined in art. 4.3), within 3 business days from the time such Product(s) are again available in the warehouses of Space 2000 S.p.A; if the products do not become available again, the amount paid for such products will be refunded as soon as possible via the same payment method used by the customer, and notice will be given by e-mail;

(iii) in the case of “on request” Products (as defined in art. 4.4), within 3 business days from the time they are available in the warehouses of Space 2000 S.p.A;

(iv) in the case of “customised” Products (as defined in art. 4.5), within 3 business days from the time they are available in the warehouses of Space 2000 S.p.A;

(v) where the availability of one or more Products is not indicated (as permitted under art. 4.6) and the Products are available in the warehouses of Space 2000 S.p.A at the time the Customers submit the Order:

• within 3 business days from receipt of the charge authorisation referred to in art. 7.2 in the event of payment by credit card;

• within 3 business days from the time Space 2000 S.p.A is provided with confirmation of payment in the event of payment methods other than credit card;

(vi) where the availability of one or more Products is not indicated (as permitted under art. 4.6) and the Products are not available in the warehouses of Space 2000 S.p.A at the time the Customers submit the Order, within 3 business days from the time the Products become available in the warehouses of Space 2000 S.p.A.

8.2 Space 2000 S.p.A agrees that shipping of the Products, to the countries indicated in the Online Store, shall be carried out by express couriers selected from time to time depending on the Product subject to the Order and the destination. The Products are shipped by Space 2000 S.p.A and delivered by the courier selected by Space 2000 S.p.A to the address indicated by Customers when registering pursuant to art. 6.1 or to a different address indicated when submitting the Order.

8.3 Space 2000 S.p.A agrees to do everything within its power to ensure that the Products shipped pursuant to arts. 8.1 and 8.2 are delivered by the selected couriers:

• in Italy within 48 hours from the shipping date;

• outside Italy within 10 days from the shipping date.
  Space 2000 S.p.A assumes no liability for any delay in the delivery of any product.

8.4 The delivery times referred to in art. 8.3 can in no event be considered binding, and since Space 2000 S.p.A cannot directly control the delivery of the Products after shipment, it cannot be held liable in any way for any failure to comply with such times.

8.5 In order to allow Customers to monitor the status of their Orders, Space 2000 S.p.A generates an Order Number which—entered in the “My Orders” section accessible from all pages of the Online Store—enables verification of all information relating to the Orders.

8.6 Customers may also check the status of Orders using the online “Order Tracking” function provided by the courier chosen by Space 2000 S.p.A for delivery. This check can be carried out by Customers only after the Products have been shipped and using the tracking data communicated by Space 2000 S.p.A by e-mail or by accessing the Account.

8.7 Customers, or other persons appointed by Customers who are at the address indicated for delivery of the Products in the Order Confirmation, must verify upon delivery that:
(i) the Products correspond to what is indicated on the courier’s delivery document (DDT) in terms of quantity and type;
(ii) the Product packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials.

8.8 Any damage to the Product packaging must be immediately contested by Customers by entering a written reservation of inspection on the courier’s proof of delivery. It is understood that, once the courier’s document has been signed without any objection, Customers may no longer raise any objection with Space 2000 S.p.A regarding the external characteristics of what has been delivered.

8.9 Products may be delivered by couriers only to Customers or to persons authorised by them; the person to whom the Products are delivered must sign to certify delivery. Couriers do not deliver to P.O. boxes or by inserting Products into letter boxes or similar places.

9. Right of Withdrawal

9.1. Customers who qualify as “consumers” (that is, individuals acting for purposes unrelated to any business, commercial, craft, or professional activity they may engage in) have the right to withdraw from the sales contract, without penalty and without providing a reason, within 14 days from the date of receipt of the purchased product.
The right of withdrawal may be exercised through the digital withdrawal form available on the online sales website for as long as the right of withdrawal remains in effect.
The digital withdrawal feature requires the customer to fill out the fields provided (first and last name, contract identification details, and the electronic means by which they wish to receive confirmation) and then confirm their decision using the corresponding function.
Once the withdrawal is confirmed, the customer will automatically receive an acknowledgment of receipt containing the content of the withdrawal notice and the date and time it was sent.

9.2 If Customers exercise the right of withdrawal under this art. 9:
(i) Customers undertake to return the Products within 10 business days from the date of the withdrawal notice referred to in art. 9.1;
(ii) all costs related to the return of the Products shall be entirely borne by Customers;
(iii) Space 2000 S.p.A undertakes to refund the Price as soon as possible, and in any case within 30 days from the date of receipt of the withdrawal notice referred to in art. 9.1, provided that:

• the Products have been returned and are intact;

• the original Product packaging is also returned and is intact;

• any accessories, instruction manuals, etc. are also returned and are intact;

• the Products have not been used;
  (iv) Space 2000 S.p.A will inform Customers of the refund method and may, for this purpose, request Customers’ bank details (IBAN and account holder).

9.3 Should Customers exercise the right of withdrawal in a manner not compliant with the procedures and terms set out in this art. 9, Customers shall not be entitled to a refund of the Price.

9.4 As an alternative to exercising the right of withdrawal under this art. 9, “consumer” Customers (as defined in art. 9.1) may opt for a “product exchange” in accordance with the procedures and terms specified in the Online Store.

10. Defects / Non-conformity of the Products

10.1 Where the Products come with a warranty provided by the manufacturer (commercial/conventional warranty), any defects/non-conformities of the Products must be reported by Customers directly to the manufacturer in accordance with the procedures and within the time limits indicated in the warranty.

10.2 “Consumer” Customers (as defined in art. 9.1) may request from the seller, within the period referred to in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided for by the Consumer Code for non-conformities existing at the time of delivery of the goods.

11. Product Liability

The manufacturer of the Products is the party responsible for any damage caused by defects in the Products themselves.

12. Privacy

Space 2000 S.p.A declares and warrants that Customers’ personal data will be processed in accordance with Legislative Decree 196/03, as subsequently amended. Details regarding data processing methods are communicated to Customers at the time of registration referred to in arts. 6.1 or 6.2.

13. Errors and/or Inaccuracies in the Online Store

13.1 Space 2000 S.p.A agrees that the Online Store is regularly monitored to avoid possible errors or inaccuracies. However, it is possible that the Online Store contains, or over time may contain, errors, inaccuracies or omissions.

13.2 Space 2000 S.p.A therefore reserves the right to correct errors, inaccuracies or omissions contained in the Online Store even after an Order has been submitted and further reserves the right to change or update information at any time without prior notice to Customers.

14. Intellectual Property

All intellectual property rights relating to the Online Store (including its contents) are the exclusive property of Space 2000 S.p.A and/or Bomboogie. The Online Store and its contents may not be reproduced, in whole or in part, transmitted by electronic or traditional means, modified, linked or used for any purpose without the prior written consent of Space 2000 S.p.A.

15. Applicable Law

15.1 The General Terms and Conditions and the Sale Contracts are governed by Italian law (in particular Legislative Decree 206 of 06/09/2005—which, in arts. 50 to 67, governs distance contracts—and Legislative Decree 70 of 09/04/2003 on e-commerce) and must be interpreted accordingly.

15.2 For any dispute that may arise in connection with the General Terms and Conditions and/or the Sale Contracts, the Court of Turin shall have exclusive jurisdiction, except for “consumer” Customers, who may initiate an out-of-court dispute resolution procedure in compliance with the requirements of arts. 141 et seq. of Legislative Decree 206 of 06/09/2005. If the Customer initiates the above procedure, Space 2000 S.p.A guarantees its participation in an attempt at amicable settlement that the user may initiate before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce.
A European platform for online consumer dispute resolution (the ODR platform) has been established. The ODR platform is available at: http://ec.europa.eu/consumers/odr/

16. Contacts

For further information and assistance regarding the Online Store, purchasing methods in the Online Store or the Sale Contracts, Customers may contact Space 2000 S.p.A through our customer service, or by letter at the address below:
Space 2000 S.p.A – Via delle Fontane 4/6, 10080 Baldissero Canavese (TO), Italy.