Art 1. General dispositions
The user who browses in this area accesses to Buba & Mac ®, accessible though the url:
https://bubaandmac.com/ Browse and transmit a purchase order in the guidelines site to accept the Conditions and Data Protection Policies of the website.
The present General Sales Conditions apply to sale of goods and the provision of services with exclusive reference to the purchase made on the site and constitute a distance contract governed by Chapter I, Title III (article 45 and following) of the Legislative Decree September 6, 2005, n. 206 (Consumer Code) and Legislative Decree April 9, 2003, n. 70 by MAS Products and Services of Molina Abigail Sandra.
Via Rebosola, 1
35020 Civè di Correzzola, Padua, Italia.
The user is required, before accessing to the products and services provided by the site, to read these General Sales Conditions which are accepted in a general and unmistakable way in the moment of purchase.
The user is invited to download and print a copy of the purchase form and of the present General Sales Conditions in which terms Buba & Mac® reserves the right to modify unilaterally and without prior notice.
It is possible to use the site and then access to the products and services provided by it and the purchase of these in the following languages:
Italian, Spanish and English.
The General Sales Conditions applies to all sales made by the Company on the site, the indicated terms are understood as working days, excluding Saturdays, Sundays and national holidays.
The General Sales Conditions can be modified at any time. Any change or new conditions will be in force since the moment they are published in the site. Therefore, you are invited to access periodically to the site and consult, before making any purchase, the most updated version of the General Sales Conditions.
The applicable General Sales Conditions are those in force on the date of shipment of the purchase order.
The present General Sales Conditions do not regulate the sale of products and/or services by third parties other than the Company that may be present on the Site through links, banners or other hypertext links. Before making commercial transactions with these subjects, it is necessary to consult their sales conditions. The Company it is not responsible for the provision of services and/or the sale of products by said parties.
On the websites to be consulted through such connections, the Company does not carry out any control and/or monitoring. Therefore, the Company is not responsible for the content of these sites or for any error and/or omissions and/or violations of the law from their part.
Art. 2 – Object The present General Sales Conditions govern the supply, the shipping and the acceptance of the purchase of goods and services orders in Buba & Mac®; however, they do not regulate the provision of services or the sales of products by subjects different from the seller that are present in the same website through links, banners or other hypertext links.
Before placing orders and acquiring goods and services of different themes, we suggest you verify the sales conditions.
Art. 3 – Agreement Conclusion.
To conclude the purchase agreement, it will be necessary to compile the form in electronic format and send it following the corresponding instructions.
That has the reference of the General Sales Conditions, the information about every acquired service and the images of every product and its price, the means of payment you can use, the shipping methods for the acquired products and the relative shipping and delivery costs, a reference to the Conditions to exercise the right of withdrawal; methods and timeframes for returns of the acquired products. The seller is not responsible of any insufficiency of the graphic representations of the shown products if it is due to technical reasons as the representations have a merely illustrative function.
Before concluding the agreement, you will be asked to confirm reading the General Sales Conditions, including the information about the right to withdrawal and the processing of personal data.
The agreement concludes when the seller receives the compiled form of the user after checking the accuracy of the data contained therein.
The buyer will be obligated to pay the price at the time the online order shipping process ends. This will be done clicking in the “Buy Now” button at the end of the assisted procedure.
Once the agreement in concluded, the seller will take care of the order for its compliance.
Art. 4 – Registered Users
When completing the registry procedures, the user agrees to follow the indications present on the website and to give their personal data correctly and truthfully.
The confirmation will exonerate Buba & Mac® in any case of responsibility over the data given by the user. The user is obligated to punctually inform Buba & Mac® of any change in their personal data given at any time.
Then if the user gives inexact or incomplete data or even in the case there is a controversy by the interested parties in relation to the payments made, Buba & Mac® will have the faculty of not activating or suspending the service until the related deficiencies are remedied.
On the occasion of the first request to activate a profile from the user, Buba & Mac® will assign the same username and password. The latter recognizes that such identifiers constitute the system to validate the user's access to the Services and the only suitable system to identify the user that the acts performed through such access will be attributed to them and will have binding effect on them as well. The user is obliged to maintain their access information in secrecy and save them with the necessary care and diligence and to not give them up, not even temporarily, to a third party.
Art. 5 – Product availability
The product availability refers to the effective availability at the moment the buyer places the order. However, this availability must be considered purely indicative because due to the simultaneous presence on the website of multiple users, the products may be sold to other clients before the order is confirmed.
Even after sending the order confirmation email, cases of partial or total non-availability of the merchandise may be verified. In this case, the order will be automatically rectified with the elimination of the non-available product and the buyer will be immediately informed via email.
If the buyer requests the annulment of the order while terminating the agreement, Buba & Mac® will reimburse the amount paid in a 30 days period from the moment when Buba & Mac® has knowledge of the buyer’s decision to terminate the agreement.
Art. 6. Information Sheet
Each product comes with an information sheet which illustrates the primary characteristics (Information Sheet). The present images and descriptions on the website represent as faithful as possible the product’s characteristics. The colors of the products, however, may differ to the real ones due to the configuration of the computers or software used for its visualization. The images of the product in the information may also differ in their dimensions or in relation to eventual accessories. Therefore, said images must be conceived as indicatives with the usage tolerances.
Art. 7. Offered Products
Buba & Mac ® markets:
Digital Portrait: Customized caricatures and “tailor made” cartoon style, nobility portraits, pop-art portraits, wapart, watercolor and more made by artists, according to the user’s instructions. Sent in digital format (PNG or JPG) via email.
“Prints over multiple formats” like frames, cushions and other products (this list is not thorough) of the Digital Portrait, if bought.
Costume jewelry, stationary items and more.
The offer is detailed on our website link
Art. 8 – Prices and payment methods
The price of the products and services will be the one placed on the website every so often, except an evident error exists.
In case of an error, Buba & Mac ® will let the buyer know as soon as possible the confirmation for the correct amount of the order or the order cancelation. In any case, Buba & Mac® does not have the obligation to supply what it sells at the incorrectly indicated lower price.
The prices on the website include VAT and do not include shipping expenses. The prices can vary at any moment. These changes do not affect the orders for which a confirmation order has already been sent.
Once the products and services have been selected, these will be added to the cart. It will suffice to follow the instructions for the purchase entering or verifying the information requested in each step of the process. The order’s details may be modified before the payment.
The Client will be able to pay the price of the products and the related shipping costs with credit cards, PayPal, Bank Transfers, pre-paid cards.
Credit Cards
The circuits with which you can purchase on the website are:
Visa/Visa Electron
MasterCard
American Express
Diner’s Club International
To guarantee maximum security, the Client will make the payment transaction directly in the bank’s safe server.
The confidential data of the payment card (card number, holder, expiration date, security code) will be encrypted and transmitted directly to the payment manager without going through the servers that the Company uses. Therefore, the Company never has access and does not keep, even if choosing to keep said data on the website, the details of your payment card used to pay the Products.
The website does not remember the client’s credit card number, but thanks to the protected communication system of the referenced credit card entity, from the second purchase, the Client that wishes to, selecting the adequate option – may proceed to the purchase without entering the data again. The referenced credit card entity uses the SSL protocol to code the transmitted data between its server and the client’s browser.
The charge will be made at the moment of the order’s transmission.
PayPal
Once the order is confirmed, the Client will be redirected to the PayPal website where they will be able to make the payment with their account or through a card, even prepaid card, or in any case according to the methods accepted by PayPal in compliance with the pertinent conditions.
Bank Transfers
The Client must make the transfer within 3 days posterior to the order’s date for product related orders; bank transfers are not allowed for events and courses payments. In case the payments is not verified within 3 days, the order will be cancelled and the merchandise will be again available for other clients to purchase it. The client that did not make the bank transfer may be contacted by Customer Service in order to clarify if the cause of the lack of credit is due to the will of the Client by not confirming the purchase or because of other causes.
Data for transfer: c/c:
IBAN
BIC/SWIFT:
BANK:
Cause: The Client must indicate the cause for the transfer, the date and the order number which you can find in the confirmation email (e.g., “Order 01/01/14 n° # 11045”).
Invoicing orders
If the purchase was made by a professional, it is possible to request an invoice selecting the corresponding box during the order process and entering the invoice information including the fiscal code and/or the VAT number.
In this case, the invoice will be sent via email to the indicated address. The professional is responsible of the correct insertion of the invoice data and is expressly informed that in case of not requesting an invoice during the order process, it will not be possible to request for it after.
Buba & Mac® reserve the right to modify the price of the Products, at any time, without prior notice, understanding that the price that will be charged will be that indicated on the website at the moment of placing the order and that further variations will not be taken into account (increase or decrease) posterior to its transmission.
The shipping expenses, if there were, are expressly and separately indicated in the order form, before the user proceeds to transmit it.
Art. 9 – Delivery
Buba & Mac® will make the delivery at the users address or other given at the moment of the purchase. We do not deliver at P.O. Boxes.
The delivery of a digital product is made via email in a period of 3 – 7 days, unless the user requests changes and revisions. The printing of the digital portrait with holders (if purchased) and the delivery usually are carried out in a period of 10 – 15 days posterior to the acceptance of the digital product and its printing.
Regarding the countries of the European Union, the delivery of the printed product will be carried out in a period of 15 – 18 days, and in some cases, in the maximum period of thirty days.
If the email address entered by the user is not valid, and therefore the delivery of the “digital portrait” is impossible, any delay or lack of delivery will be attributed to the buyer. If it is not possible to deliver the printed holder, the order will be sent to the warehouse. In this case, a notice will specify the place where the order is and the modality with which to arrange a new delivery.
If you cannot be present at the place and time agreed for the delivery, we ask you to call us again to arrange a new delivery date.
If the delivery cannot be carried out for causes not attributable to us after thirty days since the date the order is ready for delivery, we will assume that you pretend to terminate the agreement.
As a consequence of the termination, there will be no refund.
The shipping costs are borne by the buyer and are explicitly shown at the moment of placing the order.
If the delivery of the digital portrait cannot be carried out for causes not attributable to either of the parties, the payment will be fully refunded to the user.
Art. 10 – Risk Transference
The risks related to the products will pass to the buyer at the moment of the delivery. The property of the products is considered acquired as soon as the total payment of the owed amounts related to them is received, including shipping fees, or at the moment of the delivery if this occurs in a posterior moment.
Art. 11 – Warranty and commercial compliance
The "Digital Portrait" is an artistic work and as such is deemed to comply with the customer's requests as soon as it is created.
The client has the opportunity to review the design and request changes and approve the design. At the moment the artist starts the production of the design, the product is considered accepted by the client and the work cannot be interrupted.
The seller os responsible of any defect in the “print on media” offered by the website, including the non-conformity of the items with the requested products in accordance with the Italian Law dispositions.
If the buyer has stipulated the agreement as a consumer or any other individual that acts on the website with unrelated commercial or professional purposes, this warranty is valid only if the defect is produced within 24 months since the date of delivery; that the buyer presents a formal claim related with the defects in a period no longer than 15 days since the date on which the defect was recognized; the online return form must be correctly complied.
In case of non-compliance, the buyer that celebrated the agreement as a consumer will have the right to obtain the restauration of the conformity of the products free of charge through repairment or substitution, i.e., obtain an adequate deduction in the price or termination of the agreement in relation with the contested goods and the consequent refund of the price. The digital portrait is not under this protection and you cannot get a refund of the price for this item.
All the print on media defects refund expenses will be made by the seller.
Art. 12 – Withdrawal
In accordance with art. 59 of the Legislative Decree 206/2005 Exceptions to the right of withdrawal, the right to withdrawal for the products sold by Bubo & Mac ® is not allowed because it is a supply of goods and services tailored made and clearly customized.
The users who need more information can contact us at: info@bubaandmac.com
Art. 13 – Use of Data
The buyer’s data will be used in accordance with the provisions of the regulations on the protection of personal data, as specified in the corresponding section that contains the information in accordance with art. 13 Bylaw of the EU 2016/679 (Privacy policy).
Art. 14 – Legal Warranty
All the products sold on the website are covered by a Lega Warranty as stablished in articles 128-135 of the Consumer’s Code (Legal Warranty).
To whom it applies
The Legal Warranty is reserved for the consumers. Therefore, it is applicable only to the users who made a purchase for purposes unrelated to any business, commercial, craft or professional activity. When does it apply?
The company is responsible before the consumer for lack of conformity of the product that manifests within two years posterior to such delivery. The lack of conformity must be notified to the seller, under penalty of loss of warranty, within two months posterior to the date it was discovered.
Unless contrary proof, it is presumed that the lack of conformity that happens within 6 months posterior to the delivery of the product already existed, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month posterior to the product’s delivery, it will be the consumers responsibility to prove the lack of conformity already existed at the moment of the delivery of the good.
Therefore, to benefit from the Legal Warranty, the consumer must first provide a proof of the purchase and delivery dates of the goods. So it is advisable that the consumer, for such proof, keeps the purchasing invoice or any other document that can certify the date of purchase (for example, the payment card statement) and the delivery date. In case of agreement termination, the Company with refund the consumer the total payed amount composed by the purchase price, shipping fees and any other additional cost.
Art. 15 – Contact, Customer Service and Claims
It is possible to ask for information, sent comments, ask for assistance or present claims contacting the Company in the following modalities:
Via mail (certified mail with acknowledgement of receipt) written to MAS Products and Services di Molina Abigail Sandra
Via Rebasola, 1
35020 Civè di Correzzola, Padova
Italy.
By email to the following address: info@bubaandmac
The company will answer to the presented claims within 5 days posterior to their reception.
Art. 16 – Applicable Law and Competent Court
The hereby General Sales Conditions are governed by the Italian Law and are interpreted accordingly, without detriment of any other imperative regulation prevailing in the buyer’s current country of residency. In consequence, the interpretation, execution and termination of the General Sales Conditions are exclusively subjected to the Italian law.
Any inherent dispute and/or consequent to it must be resolved exclusively by the Italian judiciary authority. Particularly, if the buyer is a Consumer, any controversy must be resolved by the court of the place of residency or domicile in accordance with the applicable law.
The user that resides in an European Union member country different from Italy may also access, for any dispute related to the application, execution and interpretation of these General Sales Conditions, the European procedure established for disputes of a modest entity, by Regulation (CE) no. 861/2007 of the Council, of July 11, 2007, provided that the value of the dispute does not exceed, excluding interests, rights and expenses, 2,000.00 euros. The text of the regulation is available on the website www.eur-lex.europa.eu.
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