Terms & Conditions of Sale
The products for sale on www.blackoutstyle.com (“the Site”) are sold and billed by Blackout srl, headquartered at Via dell’Industria, 304 – 62014 Corridonia (MC), a company registered with the C.C.I.A.A of Marche at n. REA MC-283492 of the Business Register, C.F. VAT no. 02087900433.
The General Conditions of Sale can be changed 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 at the date of sending the purchase order.
You can request information regarding orders and shipments by sending an email to firstname.lastname@example.org.
GENERAL CONDITIONS OF SALE
- Acceptance of the General Conditions of Sale and Conclusion of the Contract
1.1_ The contract stipulated between Blackout srl (“Blackout”) and the Customer (i.e. the individual, who makes the purchase on the Site, not referable to their commercial, business or professional activity) is understood to be concluded with the acceptance, even only partial, of the order by Blackout. In case of non-acceptance of the order, Blackout will inform the Customer promptly.
1.2_ By placing an order in the various ways provided, according to the order form present on the Site (“the Order”), the Customer declares to have viewed all the information provided to him during the purchase process and to fully accept the current conditions (“the Conditions”).
1.3_ These Conditions can be printed or saved on a durable medium, in compliance with Art. 12 of Legislative Decree 70/2003 and Art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
- Purchase Method
2.1_ Access to the sales made through the Site is exclusively reserved for users who are over 18 years of age.
2.2_ The products offered for sale by Blackout are only those present on Blackout’s site at the time of the forwarding of the Order, as described in the relevant information sheets.
2.3_ It is understood that the images accompanying the descriptive sheet of a product are for informational purposes only and may not perfectly represent its features but may differ, e.g. in color and size (also because of the browser and monitor used to access the Site and view the images).
2.4_ To place an Order, the Customer must fill out the relevant form on the Site in every part and send it after carefully reviewing the Conditions, as well as the features of the product and/or products he intends to purchase.
2.5_ The correct receipt of the Order is confirmed by Blackout through a response by email, sent to the email address communicated by the Customer. This confirmation message will briefly report the purchase conditions, as provided by applicable law, as well as the data entered in the Order by the Customer, so that they can verify them and possibly communicate without delay the necessary corrections of incorrect data.
2.6_ Access to the offers on the Site is allowed both to users who are consumers and to users who have a professional qualification. Pursuant to Art. 3, paragraph I, letter a) of the Consumer Code, it is recalled that a consumer is an individual who, in relation to the purchase of the Products, acts for purposes unrelated to the commercial, artisanal, business or professional activity possibly carried out; while pursuant to Art. 3, paragraph I, letter c) of the Consumer Code, a professional is an individual or legal entity who acts in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary.
2.7_ Blackout srl reserves the right to refuse or cancel orders that come from (i) a user with whom it has a legal dispute ongoing; (ii) a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Blackout srl; (iii) a user who has been involved in any type of fraud, in particular, credit card payment fraud; (iv) users who have released false, incomplete or otherwise incorrect identifying data or who have not sent to Blackout srl the documents requested by it under these General Conditions of Sale in time or have sent invalid documents; (v) users who do not give sufficient solvency guarantees.
- Prices, Payment Methods, and Invoicing
3.1_ The prices listed on the site are expressed in euros and are to be considered inclusive of taxes and VAT. Any shipping costs or payment expenses are, in any case, communicated in advance to the Customer through the site or these Conditions.
3.2_ The price of the Products can be modified by Blackout 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. No account will be taken of any changes (increases or decreases) in price subsequent to the transmission of the order.
3.3_ Products with discounted prices may be offered for sale on the Site. The full price listed on the Site (Crossed-out Price) is the one from which the discount applied by Blackout is calculated and corresponds to the suggested published list price. Users are reminded that the Crossed-out Prices may give an indication of the value of the Product, but the actual price in some physical stores may be different.
3.4_ The following payment methods are available:
Customers can use the PayPal system for payment according to its specific procedures.
(ii) Credit Card
For purchases made with a Credit Card payment method, the transaction will take place through the secure PayPal server.
At no point during the payment process will Blackout be able to know the Customer’s credit card information, transmitted via a secure connection directly to the bank’s website that manages the transaction. No computer archive of Blackout will store such data and therefore Blackout cannot be held responsible for any fraudulent and improper use of credit cards by third parties at the time of payment.
3.5_ Under Article 14 of D.P.R. 445/2000 and DL 52/2004, for every purchase made on the Site, Blackout issues an invoice for the shipped material, sending it via email to the order holder (attached to the “Shipping Confirmation” email). The Customer can download a PDF copy of the invoice, after the product has been delivered, also in the “Order History” section. The information provided by the Customer when placing the order on the Site is binding for the invoice issue, and the Customer guarantees its accuracy. No changes in the invoice will be possible after its issuance.
Delivery of Products and Related Costs
4.1_ Purchased products will be delivered to the address indicated by the Customer in the Order within four/five working days from the acceptance of the Order by Blackout, at the cost specifically indicated on the Site before sending the Order. Blackout srl reserves the right to accept or not deliveries requested outside Italian or European borders. In any case, for deliveries to be made outside Italian borders, shipping costs and delivery times may vary.
4.2_ For deliveries requested in countries not belonging to the European Union, any import customs duties will be borne by the recipient. Therefore, the Customer is advised to contact the customs authorities of their country in advance to check the costs and any import limits.
4.3_ Delivery times indicated by Blackout are to be considered purely indicative, and a delay to them, or any delivery made with subsequent fractioned shipments does not entitle the Customer to refuse the delivery itself and to request compensation or indemnities.
4.4_ At the time of product delivery, the Customer is required to check:
- that the number of parcels delivered corresponds to what is indicated in the transport document.
- that the packaging is intact, not damaged, nor wet or, in any case, altered, even in the closing materials (adhesive tape or metal straps).
Any damage to the packaging and/or the product or the mismatch in the number of parcels or indications, must be immediately reported, by placing a specific indication on the product delivery document to be returned to the courier.
Any problems concerning the physical integrity, correspondence or completeness of the received products must be reported within 7 days from the delivery, according to the procedures provided in this document.
Right of Withdrawal
5.1_ According to art. 52 of D. Lgs. 206/2005, as amended by D.Lgs. 21/2014, the Customer may withdraw from the Conditions and therefore from the purchase contract for any reason, without the need to provide reasons and without any penalty, within 14 (fourteen) working days from the date of receipt of the products.
5.2_ To exercise the right of withdrawal as per the previous article 5.1, the Customer must send a communication to Blackout within the indicated terms, to the following email address email@example.com.
5.3_ In the event of withdrawal, the Customer must return the products to our warehouses at their own expense within 14 (fourteen) days from the withdrawal itself, to the following address Blackout srl, Contrada Bagliano snc, 62010 Mogliano (MC).
The goods must be returned intact, complete with all its parts and in the original packaging (envelopes and boxes), kept and possibly used for the strictly necessary time to establish and verify nature, characteristics, and size, according to normal diligence, without signs of wear or dirt, respecting the following conditions:
- the right of withdrawal may apply to the purchased product in its entirety; it is not possible to withdraw only part of the purchased product (e.g.: accessories, complements, etc.);
- for withdrawal to be possible, the product must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: labels, cards, tags, seals, etc.);
- shipping costs (and any customs fees, if present) for the return of the goods will be exclusively borne by the Customer.
- the shipment, until certified receipt in the indicated warehouse, is under the complete responsibility of the customer;
- in case of damage to the goods during transport, Blackout will inform the Customer, to allow them to promptly file a complaint against the courier chosen and obtain the relative refund; the product will then be made available to the Customer, simultaneously canceling the withdrawal request;
- Blackout will not be responsible in any way for damage, theft, loss occurred during or in relation to the return shipment.
5.4_ Blackout will refund the Customer the entire amount already paid, net of any additional shipping costs as per art. 56, paragraph 2, of D. lgs. 21/14), within 14 (fourteen) days from the withdrawal, by canceling the amount charged, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer will not incur any cost as a consequence of such refund. Blackout may suspend the refund until the receipt of the returned product or until the Customer proves that they have correctly reshipped the product, whichever is earlier.
5.5_ In any case, the Customer will lose the right of withdrawal in cases where Blackout srl ascertains that:
- the returned product and/or its accessories, and/or its packaging are not intact;
- the product is missing its outer packaging and/or original internal packaging;
- the product is missing elements integral to it and/or accessories.
In the case of the expiration of the right of withdrawal, Blackout will return the purchased product to the sender, charging them the shipping costs and, if already refunded, the price of the product.
PLEASE NOTE: Beyond the right of withdrawal, it is not possible to request an exchange or a refund of a package of products unless the goods are defective or not in accordance with the order placed (art. 5 paragraph 3 letter c of Legislative Decree no. 185 of 22/05/1999).
6.1_ All products sold by Blackout are covered by a 24 (twenty-four) month warranty for compliance defects, according to Title III of D.Lg. 206/2005. To benefit from warranty assistance, the Customer must keep the invoice, or the payment receipt, along with the transport document.
6.2_ The warranty for compliance defects will apply as long as the related product has been used correctly, respecting its intended use and as provided in the use and washing instructions included with the product.
6.3_ In the event that, for any reason, Blackout is unable to provide the Customer with a product under warranty (restored or replaced), or where repair or replacement is, also in relation to the value of the product, excessively burdensome, Blackout may proceed with an appropriate reduction of the price paid or return the entire amount paid with the termination of the contract.
6.4_ In cases where the application of warranties requires the return of the product, it must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).
Complaints and Requests for Information
7.1_ Any complaints or requests for information can be addressed to Blackout via email at the following address: firstname.lastname@example.org
8.1_ The personal data collected with the submission of the Order will be processed by Blackout solely to meet the expressed requests of the Customer, in compliance with EU Regulation 2016/679 and the privacy notice available on the site. Any additional processing will be carried out only with the express consent of the Customer.
9.1_ The sales contract referred to in these Conditions and its execution are governed by Italian Law, with the disapplication of conflict rules and the United Nations Convention on International Sales of Goods. The Court of the municipality of residence of the Customer will have jurisdiction to settle any related disputes.
9.2_ We wish to inform you that the European Commission provides a platform for alternative extra-judicial resolution of disputes, including cross-border disputes, accessible on the site http://ec.europa.eu/odr.
Rev 00 of September 29, 2023