Terms and Conditions
1.1 These terms and conditions of sale (hereinafter the “Terms and Conditions”) shall govern the online sales of the products that are published on the websites www.blackoverlab.ink (hereinafter, the “Website”), by BlackOverLab LTD, an Maltese company with administrative offices in Malta VAT number: MT24769627, (hereinafter “the Seller”) to the users of the Websites (hereinafter “Customer” or “Customers”).
1.2 These Terms and Conditions shall also apply to the sales made by the Seller by means of other online trading platforms operated by third parties, without prejudice to the application of those platforms’ terms and conditions – platforms which fall within the definition of “Website”.
1.3 The sales agreement and the related procedure shall be available in Italian and English.
1.4 Customers are expressly prohibited to resale the products or make any other commercial or professional use of them.
1.5 The purchasing through the Website of the products published therein shall be consider as Costomer’s/Customers’ acceptance of the present Terms and Conditions.
1.6 The Seller reserves the right, at any time, to amend the Terms and Conditions, without giving notice. The changes will be effective when published on the Websites.
2. PURCHASE ORDER AND CONCLUSION OF THE AGREEMENT
2.1 The publication of the products on the Website shall not be qualified as an invitation to the Customer to formulate a proposal in order to form a purchase agreement.
2.2 The Seller, within the e-commerce section of the Website, shall provide a catalogue of products, with their descriptions, prices and images, that the Customers can select to purchase, choosing their quantity. The selected products shall be automatically entered in the “Shopping Cart” of the Websites, where the Customer can go ahead with the purchase. In the Shopping Cart can be contained one or more products, also different.
2.3 The Customer, after checking the right content of the cart and the total price, after reading and accepting the Terms and Conditions, and inserting his data, shall confirm his order, following the instructions on the webpage. The order confirmation is also an evidence of acceptance of the Terms and Conditions by the Customer.
2.4 The sale agreement between the Seller and the Customer shall be considered concluded and effective when the Customer receive a communication sent by the Seller by e-mail to the address that the Customer provided during the purchase order procedure. This communication contains Customer’s data, content, date and time of the purchase order and the “Order Number” assigned to him and to which the Customer shall report in subsequent communications with the Seller together with the relevant tax document and the hyperlink to the Terms and Conditions accepted in force at the time when the order has been completed, that the Customer is required to download and save in his computer or other media.
2.5 The purchase order status can be checked at any time by the Customer, in accordance with the provisions of article 3 below.
2.6 Cancellations and changes to the purchase order by the Customer can be made in accordance with article 3 of the Terms and Conditions.
3. FILING, ACCESS AND AMENDMENTS TO THE AGREEMENT
3.1 The sale agreement is digitally filed in the Seller’s server and the Customer can have access to the same at any time, inserting in the Website “Customer section” the purchase “Order Number” assigned as provided by previous article 2.4.
3.2 The purchase order can be canceled or amended by the Customer, accessing the Websites “Customer section” and following the instructions, at any time until the state of the order is showed as “in spedizione” (“shipment in progress”) in the Website section which is accessible as provided by previous article 3.1. After such term, the Customer will have the only right to withdraw from the agreement, as provided by the following article 8 of these Terms and Conditions. After the order’s cancellation the Seller shall reimburse the sum eventually paid for the purchased products with the procedure of cancelation of the sum charged to the Customer, which varies depending on the chosen method of payment.
4. AVAILABILITY OF PRODUCTS
4.1 The Customer may check the availability of the Products offered by the Seller at any time on the Website and in the section “Shopping Cart”. Due to possible purchase orders by more Customers at the same time, the Customer acknowledges that some ordered products may become unavailable.
4.2 The Seller undertakes to publish the products on the Website so that their color, shape and materials shall be visible as precise as possible. However, the Consumer is aware that the characteristics of the products as he perceives may not be realistic, because they depend on the technical characteristics of the monitor of their electronic display device.
4.3 In case the performance of the sale agreement becomes impossible for the Seller due to an unavailability of the products, even temporary, the Seller, within 30 days from the day following the receipt of the purchase order, shall give notice to the Customer by e-mail at the e-mail address provided by the Customer with the purchase order, specifying whether and when the products will be available. In case the notice provided by the following article 4.4 is not received, within 30 days from the day following the receipt of the purchase order, the Seller shall cancel the order and reimburse the Customer of the price paid for the products, if any, using the cancellation procedure which varies depending on the chosen payment method. It being understood that the Customer waives the right to any damages restoration.
4.4 Upon receipt of the notice provided by previous article 4.3, the Customer, within 10 days from the receipt by the Seller of the notice provided above in art. 4.3, has the right to amend his purchase order with different and available products or alternatively, in case of temporary unavailability of products, the Customer may confirm the purchase order, accepting that the Seller will perform the agreement when the products will be available again, even beyond the 30 days term, giving written notice to the Seller. In these cases, the order will not be canceled and the Seller shall not proceed with the reimbursement provided by article 4.3 but shall perform such different service.
5. SHIPPING POLICY
5.1 The Seller undertakes to deliver the products within 5 business days (in any case no later than 30 days) starting from the day after the purchase order has been confirmed by the Customer.
5.2 The products shall be delivered by courier to the Customer to the address provided during the purchase order procedure, where the Customer shall specify also the delivering address, if different to the one he resides. The lead time shall depend on courier’s organizational needs.
5.3 Delivery costs are borne by the Customer, with the exception of custom duties and expenses, if the delivery is towards non-EU countries, which are due by the Customer.
6.1 From the moment the products ordered by the Customers leave the Seller’s warehouse and therefore from the moment the order status is, according to the Website which can be consulted in accordance with art. 3.1 above , as “in shipping” , the Clients assume all risk of the shipment and the Seller shall not be liable for any loss, damage or delay occurred in the delivery of the products.
6.2 When delivered, the Customer shall control the products to determine whether they correspond to the purchased items and they are not damaged. Otherwise, the Customer shall accept the delivery and indicate on the accompanying document a “Reserve to control” and the reasons why and promptly report it to the Seller to enable him to organize the repair or replacement of products according to the following art. 9, upon proper verification of the damages.
The delivery of products by the courier is considered completed when the customer has ascertained it.
7. PRICES AND METHODS OF PAYMENT
7.1 The price of the products will be charged to the Customer at the time of the order confirmation, along with any additional costs, related to the means of payment adopted.
7.2 The prices of the products offered on the Website are indicated in Euro and are inclusive of the value added tax (IVA in Malta), if provided by the legislation in force in the State in which is the delivery address of the products that the Customer has provided during the procedure for the purchase order. The amount specifically related to the value added tax applied to the transaction, if any, is indicated in the Website’s section “Shopping Cart”.
The amount shown in the “Shopping Cart” as specifically related to the value added tax applied to the transaction can be different from that one actually charged to the Customer upon confirmation of the purchase order and shown on the receipt that the Customer receives together with the communication referred to point 2.4 above.
7.3 The total price of the purchase order in the section “Shopping Cart” of the Website is inclusive of the shipping costs.
7.4 The Seller reserves the right to modify the price of the products offered on the Website at any time and without prior notice.
7.5 The Seller accepts the payment of the products by means of credit cards and the other methods of payment which are specified on the Websites during the purchase procedure.
7.6 In case of purchase order containing unavailable products, the only price that will be charged to the Customer is the one related to the available products, being applicable the procedure indicated in article 4 for the unavailable products.
7.7 The Seller acknowledges that all the data related to the credit cards and the other methods of payment are not saved in any database under its control and, therefore, the Seller shall not be liable for any fraudulent or illegal use of the same data by third parties.
7.8 The reimbursement are performed by the Seller with the procedure of cancelation of the sum charged to the Customer, which varies depending on the chosen method of payment.
8. RIGHT OF WITHDRAWAL
8.1 The Customer shall have the right to withdraw from the purchase order, without giving any reason and without incurring any penalty costs, giving written notice to the Seller through the contact form on the site within 10 days from the date of delivery of the Products to the Customer.
8.2 Upon receipt of said letter, the Seller and the Customer are reciprocally free from their obligations, excepted the provisions of the following articles 8.3 and 8.4 and the other legal obligations.
8.3 In case of withdrawal, the Customer shall return the products, following the procedure provided by the following article 9.
8.4 In case of withdrawal by the Customer,
and if they have fulfilled all the repayment conditions pursuant to article 9, the Seller shall refund free of charge to the Customer the sum paid for the the price or for the earnest, including the VAT’s amount. The refund shall be made promptly and in any case no later than 30 days from the date on which the Seller became aware of the withdrawal, using the cancellation procedure which varies depending on the chosen payment method.
8.5 At the time the Seller become aware of any non-compliance with the return policy provided below in article 9, the Seller will send an e-mail to the address provided by the Customer during the purchasing procedure which shall communicate the impossibility for the Customer to receive a refund for the products returned and giving reasons its decision and pointing out the violated condition/conditions. Within 30 days from the receipt of such notice, the Customer may request in writing to the Seller (using the same procedures set out in Article 8.1) to send back the products returned at their own expense, in the same condition in which they were originally sent to the Seller. After expiry of the above provided deadline without the Seller has received any complaint by the Customer, the Seller shall be free to dispose of the returned and non-refundable products as it feels appropriate.
8.6 The refund shall be accredited to the Customer through the same means by which the latter made the original payment of the products purchased from the Website. If the Customer has made the original payment of the products purchased from the Website via credit card, the time required for the accredited refund will depend on the provisions of the policy of the company that issued the credit card used by the Customer. Please note that the accreditation date of refund shall coincide with that in which it occurred the original payment from the Customer, so no interests shall be accredited on the sum refunded. If the Customer has made the original payment of the products purchased from the Site via PayPal, the refund shall be accredited to the Customer’s PayPal account and shall be immediately visible.
9. RETURNS POLICY
9.1 In case of return of the product, the Customer must request the “Return Form” through the contact form on the site, shall fill the form “Return Form” and send it by e-mail to the address that will be communicated to it, specifying all the relevant data (name, surname, address, etc.). After the correct sending of the “Return Form” the Customer will be previously authorized by the Seller and than will receive a “Return Number” at the email address indicated during the purchasing procedure for the purchase order. The “Return Number” shall be shown in the shipping label of the package containing the products to be returned, to be sent to the Seller at the address indicated in the Return Form or thereafter indicated by the Seller.
9.2 The return of the products by the Customer shall be made without delay delivering the products to the courier indicated by the Seller.
9.3 The products returned by the Customer shall be intact, not used nor washed, in their original packages and conditions, together with all their accessories and documents included at the moment of the delivery.
All labels must be attached to each product and must be intact. The products belonging to the same order and then characterized by the same number of orders issued pursuant to the procedure set out in Article 3, shall be returned in the same shipment. The products must be shipped from the same State in which they were delivered. Failing to meet said requirements will determine for the Customer the loss of the right to return the products and the right of withdrawal, except for the provisions set out in Article 8.5.
9.4 The Customer shall be fully liable for any risk connected with the shipment and return of the products; the Seller shall not be liable in case of lost, damages or delay in the delivery of the returned products.
9.5 Upon receipt of the products, the Seller has the right to verify them and, if they meet the above mentioned requirements, it shall reimburse the Customer of the price paid for the products, if any, using the cancellation procedure which varies depending on the chosen payment method. If the products do not meet the requirements, the Seller shall contact the Customer.
9.6 The Seller has the right to claim any damage or non-conformity to the products delivered to the Customer.
9.7 These return policy shall be followed by the Customer also for replacing the products, which shall be noticed to the Seller within the same term provided for the exercise of the right of withdrawal and following the same procedures set out before in article 8.
10. SUPPORT AND WARRANTY
10.1 The Seller shall be liable for defects of the products in respect of the sale agreement, in accordance with the Consumer Code.
10.2 The warranty provided by previous article allows the Customer to exercise the rights provided of the Consumer Code, including the one to claim from the Seller, with no additional cost, the repairing or the replacement of the defective product, at Customer’s choice, unless the requested remedy is impossible or excessively onerous comparing to the other.
10.3 If the Seller accepts said request of the Customer, the Seller shall communicate to the Customer the methods of shipment or return of the item as well as the term provided for the shipment or the replacement of the defective item.
10.4 The Customer loses such rights unless a notice of the defects has been given to the Seller within two months from the date of discovering of the defects, through the contact form on the site. In any case, the Customer loses such conformity warranty if the defect occurs after 2 years from the delivery of the products.
11. NOTICES AND CLAIMS
11.1 Any further notice or claim shall be sent to the Seller through the contact form on the site.
12. LEGGE APPLICABILE E FORO COMPETENTE
12.1 The sale agreement between the Seller and the Customer and the relevant Terms and Conditions are governed by the Maltese law, with particular reference to the rules concerning the distance agreements; for all related disputes, the exclusive jurisdiction shall be submitted to the judge which is competent for the place of domicile or residence of the consumer, if located in the Maltese territory. In case the Customer does not belong to the category of consumers, as defined by the Consumer Code, all the disputes related to the agreement shall be submitted to the exclusive jurisdiction of the Court of Malta.
13.1 The Seller reserves the right to correct, even after the submission of an order by the Customer, any typographical errors, inaccuracies or omissions , even with regard to prices, availability and characteristics of products available on the Website.