Terms and Conditions and Website Terms of Use

General conditions of sale of goods through the Website www.boxeurdesrues.com

Table of Contents:

1.           Definitions

2.           Object

3.           Contact details

4.           Product characteristics

5.           Prices

6.           Contract terms and conditions

7.           Confirmation of receipt and order confirmation

8.           Order modification and cancellation

9.           Payment terms

10.       Delivery of Goods - Shipping

11.       Warranty

12.       Right of withdrawal

13.       Processing of personal data

14.       Applicable law, jurisdiction and dispute resolution - ODR Platform

15.       Reference (to Website terms and conditions)

 

1. Definitions

Goods: products under the Boxeur des Rues brand available for purchase on the Website;

GCS: these General Conditions of Sale governing the sale of goods through the website www.boxeurdesrues.com

Customer: the user who, as a consumer pursuant to the Italian Consumer Code, uses the online sales service available on the Website;

Company: BDR Company S.r.l., acting as a professional under and for the purposes of the Consumer Code;

Website: The official Website www.boxeurdesrues.com

2. Object

These GCS define the contractual terms and conditions governing the purchase of Goods sold by the Company through the Website.

Goods may be purchased from anywhere in the world; however, delivery is subject to the availability of courier services in the country of destination. Upon the Customer's specific request, submitted via email to customercare@boxeurdesrues.com, the Company may verify the feasibility of delivery to certain countries and determine the applicable terms and conditions.

3. Contact details

The Goods are sold on the Website by:

BDR Company S.r.l. with registered office in Via Rugabella 1, Milan, registered with the Milan Companies Register, Tax Code/VAT Number 07871890963

Contact email, also valid for any complaints: customercare@boxeurdesrues.com

Business hours: Monday to Friday 8:30 AM -1:00 PM / 2:30 PM - 6:00 PM (CET)

4. Characteristics of the Goods

The Goods offered for sale on the Website are original products, identified by the Boxeur des Rues brand and featuring the specifications described on the Website.

The essential characteristics of the Goods are provided on the relevant product pages of the Website. Please note that the images and colours of the Goods may vary slightly and may not exactly reflect the actual ones due to differences in video rendering, hardware, software or other factors.

The design and manufacturing characteristics of each Good are the property of the Company or are exclusively licensed to it. As such, purchasing the Goods does not grant the Customer any rights to use or reproduce them or to use the Goods in any way other than for their intended purpose and as made available for sale.

5. Prices

The prices of the Goods are those indicated on the Website when the Customer submits the Order.

The Customer must verify the final sale price available on the Website before proceeding with the Order, particularly if a significant amount of time has passed between selecting the Goods, adding them to the shopping cart, and completing the purchase.

The prices shown on the Website’s product pages include VAT (where applicable) but exclude shipping costs, which will be calculated—where possible—during the purchase process before the Order is submitted.

To ensure that all applicable costs and charges, including taxes, are correctly displayed, and to assess any additional fees, the Customer must indicate their country of residence for delivery purposes on the shipping page of the checkout section before proceeding with payment.

Any discounts advertised on the Website are understood to refer to the price applied on the Website in the thirty days preceding the start of the promotion.

Discount and promotional codes offered by the Company may be subject to limitations and/or personalised conditions, as specified in the terms of validity and usage provided with the code.

6. Contract terms and conditions

6.1 Registration on the Website is not required to purchase Goods. However, by registering, the Customer will gain access to a dedicated area where they can keep track of their orders and save items of interest to a personalised list (so-called “wishlist”). The Company will maintain the Customer's access to this area for as long as the service remains available and, in any case, for no longer than two years from the Customer's last login. Registration requires the submission of certain personal data, as specified on the Website's registration page.

6.2 The pages of the Website containing images, descriptions of the Goods and information on their availability are provided for informational purposes only and do not constitute a public offer for sale.

Customers who wish to purchase one or more Goods through the Website may do so only by submitting a contractual purchase offer to the Company in the manner described below.

6.3 By selecting and clicking on a Good, the Customer will be directed to a dedicated page containing essential details for evaluating the purchase (e.g. price, available colours, sizes, technical specifications, etc.) where they can also select their preferred options.

6.4 Once the Customer has selected the desired specifications of the Good, they can click on the relevant link to:

- add the Goods to the “wishlist” to keep track of items of interest. Items in the “wishlist” will remain accessible in the appropriate section as follows: i) for non-registered Customers or registered Customers who are not logged in: only for the duration of their browsing session; ii) for registered customers who are logged in: until they manually remove the items;

- add the Goods to the “shopping cart” in order to later submit a purchase offer to the Company; it being understood that adding Goods to the “cart” does not constitute an offer to purchase.

6.5 Once the Customer has selected and added the desired Goods to the shopping cart, they can review their choices by accessing the cart via the link at the top of the Website, indicated by the corresponding icon. Using the shopping cart function, the Customer can add or remove Goods or access the page for submitting the purchase offer by clicking “Go to Checkout.”

6.6 The checkout process consists of two successive pages:

-     the first, called “Shipping,” provides a summary of the Order, a form for entering shipping details, and a selection of available delivery options;

-     the second, called “Summary and Payment,” includes a recap of the Order, available payment methods, a form for entering payment details, and a section for billing information.

The “Summary and Payment” page also includes a link to these General Conditions of Sale, along with a summary of the essential characteristics and prices of each item ordered, as set out in Article 5 of these GCS. It also provides details of the accepted payment methods and delivery options, shipping and delivery costs, the conditions for exercising the right of withdrawal, and instructions and timelines for returning purchased products.

By clicking “Place Order” and checking the box to accept these General Conditions of Sale on the “Summary and Payment” page, the Customer submits the Order to the Company. This Order constitutes a purchase proposal for the selected Goods listed therein (hereinafter, the Order). If accepted by the Company, the Order will result in the Customer's obligation to pay the total amount indicated in the Order summary.

6.7 Orders may only be placed on the Website by individuals who qualify as consumers. Non-consumers interested in purchasing Goods should contact the Company at customecare@boxeurdesrues.com.

7. Confirmation of receipt and order confirmation

7.1 Confirmation of receipt. Upon successfully receiving the Order, the Company will send a “receipt confirmation” to the email address provided by the Customer. This confirmation serves only as an acknowledgement of receipt and does not constitute acceptance of the Order by the Company. Its purpose is to confirm that the Order has been correctly received. If the Customer has not received a confirmation email within 12 working hours of submitting the Order, they should contact customer service to verify the status rather than resubmitting the Order.

7.2 Confirmation Order. Once the Company has received the Order and verified the availability of the requested Goods, it may confirm acceptance by sending the Customer an Order Confirmation email. The Order, together with the order confirmation email and these General Conditions of Sale, constitutes the sales contract for the Goods specified in the Order. In accordance with Article 51 of the Italian Consumer Code, the order confirmation email will include the order number, and, on a durable medium, a summary of the Order along with a copy of these GCS.

7.3 The sale of Goods on the Website may be subject to availability and limitations on the quantity of Goods that can be ordered per Customer. In such cases, the Company reserves the right to reject the Order, in whole or in part, and will inform the Customer by email instead of sending an Order Confirmation.

7.4 In any case, the Order Confirmation is subject to the successful payment of the total price and any other applicable charges by the Customer.

 

8. Order modification and cancellation

If the Customer wishes to modify or cancel an Order, they must submit a request to the Company no later than 12 hours after placing the Order, using the contact details provided in point 3 of these General Conditions of Sale. The Company reserves the right to evaluate and determine whether to accept the request for modification or cancellation.

The Customer's rights under Article 12 of these GCS remain unaffected.

9. Payment terms

The Company accepts the following payment methods:

-       major credit cards

Payment processing is handled by the Stripe payment platform [https://stripe.com/it] and is subject to its terms and conditions, which can be accessed here [https://stripe.com/it-us/legal/end-users].

All payments will be processed in the currency displayed on the Website at the time of purchase.

If requested at the time of the Order, the Company will issue an invoice for each Order, provided the Customer has supplied all required information during the purchase process. Invoices cannot be issued if the billing information provided is incomplete or incorrect.

Once the Company has issued an invoice, the details contained within it cannot be modified.

10. Delivery of Goods - Shipping

10.1 The Company will arrange for the delivery of the purchased Goods to the address provided by the Customer in the Order within 24 to 48 business hours from the time the Order Confirmation is sent. Delivery costs will be clearly indicated on the Website prior to the submission of the Order. Once the shipment has been dispatched, the Company will send the Customer an email notification with the relevant shipping details.

10.2 The Company reserves the right to accept or refuse delivery requests for destinations outside Italy or Europe. If delivery is not possible, the Customer will be notified of the Order’s refusal instead of receiving an Order Confirmation. In any case, shipping costs and delivery times may vary for deliveries outside Italy.

10.3 For deliveries to countries not belonging to the European Union, any customs import duties will be charged to the recipient. Therefore, customers are advised to check with their local customs authorities in advance to verify applicable costs and any import restrictions.

10.4 The delivery times indicated on the Website are for reference only. Any delays or deliveries made in multiple shipments do not entitle the Customer to refuse delivery, request compensation, or claim any indemnity.

10.5 Upon receiving the Goods, the Customer must verify that:

-     the number of packages delivered matches the quantity indicated on the transport document;

-     the packaging is intact and has not been damaged, tampered with or exposed to moisture, including the sealing materials (e.g. adhesive tape or metal straps).

Any damage to the packaging and/or Goods, or any discrepancies in the number of packages or product specifications, must be immediately reported by noting the issue on the transport document and returning it to the courier.

Any reports of non-delivery or delayed delivery can be sent to the Company's Customer Care Service at customercare@boxeurdesrues.com.

If the Goods are not collected at the address provided when the Order was placed, it is the Customer's responsibility to contact the designated courier directly to arrange for redelivery or collection from storage. If the courier cannot complete the delivery and the Goods purchased by the Customer from the Company are returned, the Company will issue a refund using the original payment method, deducting any shipping and storage costs incurred.

11. Warranty.

11.1 Defective Goods. Pursuant to and for the purposes of Articles 115 and 116 of Legislative Decree No. 206 of 6 September 2005, as amended, the Customer is informed that the Goods sold on the Website are manufactured or imported by the Company.

11.2 Legal Warranty of Conformity. The company guarantees that the Goods sold on the Website conform to applicable legal requirements.

Unless otherwise provided by law, the Legal Warranty of Conformity is valid for 24 (twenty-four) months from the date of delivery of the Goods and covers any lack of conformity. Unless proven otherwise, any non-conformity that becomes apparent within one year of delivery of the Goods is presumed to have existed at the time of delivery, unless this assumption is inconsistent with the nature of the Goods or the type of non-conformity.

Claims regarding a lack of conformity not fraudulently concealed by the Company must be made within 26 (twenty-six) months from the delivery date of the Goods.

In the event of a non-conformity, the Customer may activate the warranty by contacting customercare@boxeurdesrues.com in order to benefit from the remedies provided under Article 135(b) of Legislative Decree No. 206 of 6 September 2005, as amended.

To claim the warranty of conformity, the Customer must retain and provide proof of purchase of the Goods.

Upon receiving the Customer's request, the Company will initiate the legally required remedies within 14 (fourteen) business days.

12. Right of withdrawal

Pursuant to Article 52 of Legislative Decree No. 206 of 6 September 2005, as amended, the Customer has the right to withdraw from the purchase contract for any reason, without the need to provide justification and without incurring any penalty, within 14 (fourteen) business days from the date of receipt of the Goods.

12.2 To exercise the right of withdrawal under Article 12.1, the Customer must send a written notice to the Company—clearly stating the intention to withdraw and including the Order number—within the specified period, to the following email address customercare@boxeurdesrues.com. A withdrawal form is available for this purpose, but its use is not mandatory.

Alternatively, registered users can manage return requests via the “RETURNS” section in their user dashboard. The first return is free of charge, while subsequent returns will be subject to a shipping fee, which will be charged to the Customer.

12.3 If the Customer exercises the right of withdrawal, they must return the Goods to the Company at their own expense (including any applicable customs duties) within 14 (fourteen) days from the date of withdrawal. Returns must be sent to the following address:

Boxeur Des Rues Store, Viale Valassina 70, 20851 Lissone (MB), Italy.

12.4 The Goods must be returned intact, complete with all their components, and in their original packaging (including any envelopes, boxes, documentation and accessories such as labels, tags, and seals). They should be handled only as necessary to assess their nature, characteristics and size in accordance with standard diligence, without any signs of wear or dirt. Returns must comply with the following conditions:

-     The right of withdrawal applies only to the entire product purchased; partial returns (e.g. individual accessories or components) are not permitted;

-     For the return to be accepted, the product must be undamaged and returned in its original packaging, complete with all its parts (including packaging materials, documentation and any accessories such as labels, tags, seals, etc.).

-     Customers who exercise their right of withdrawal may not request a replacement for the returned Goods and must place a new and separate Order if they wish to purchase different Goods;

-     The right of withdrawal does not apply to custom-made or personalised Goods, or to sealed Goods that are not suitable for return due to hygienic or health-protection reasons and that have been opened after delivery;

-     The Customer assumes full responsibility for return shipments until the Goods are received at the warehouse indicated by the Company;

-     If the Goods are damaged during transport, the Company will notify the Customer so they can file a claim against the courier and request a refund. In such cases, the Goods will be made available by the Customer for collection, and the request for withdrawal will be cancelled;

-     The Company accepts no liability for damage, theft, or loss of Goods occurring during, or as a result of, the return shipment.

12.5 The Company shall refund the full amount paid by the Customer, minus any additional shipping costs pursuant to Article 56, paragraph 2 of Legislative Decree No. 206 of 6 September 2005, as amended. The refund will be processed within 14 (fourteen) days of receiving the returned Goods, using the same payment method originally used for the purchase, unless otherwise agreed. In any case, the Customer will not incur any additional costs as a result of the refund.

12.6 If the right of withdrawal is forfeited due to non-compliance with the conditions set out in Article 12.4, the Company will return the purchased product to the Customer, who will be responsible for the shipping costs. If the price of the product has already been refunded, the Company reserves the right to charge the Customer for the corresponding amount.

13. Processing of personal data

The Company undertakes to process the Customer's personal data solely for the purpose of fulfilling its obligations related to the purchase of Goods sold on the Website in compliance with EU Regulation 2016/679 (GDPR) and any subsequent amendments and additions.

The full privacy policy, including detailed information on the processing of personal data, is available here [hyperlink].

14. Applicable law, jurisdiction and dispute resolution - ODR Platform

14.1 These General Conditions of Sale are governed by Italian law, with specific reference to the regulations on distance contracts and other regulations applicable in Italy relating to off-premises sales, as well as e-commerce and consumer protection, without prejudice to the application of any other mandatory provisions.

14.2 For any civil disputes, the court of the Customer’s place of residence or domicile shall have exclusive jurisdiction.

14.3 The Customer acknowledges that the European Commission provides an online platform for out-of-court resolution of disputes, including cross-border disputes. The platform is accessible at http://ec.europa.eu/odr.

15. References

For any matters not covered in these GCS, the Website's Terms of Use shall apply where relevant, along with the applicable provisions of the Italian Civil Code regarding the sale of goods. Consequently, conflict laws and the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

Terms of Use of the Website 

These Terms of Use (hereinafter, the “Terms of Use”) apply to the Website www.boxeurdesrues.com, including all linked websites, related pages, mobile applications (“apps”), features, and any integrated data processing platforms (collectively referred to as the “Website”).

The Website is owned by BDR Company S.r.l. with registered office in Via Rugabella 1, Milan, registered with the Milan Companies Register, Tax Code/VAT No. 07871890963 (hereinafter, the “Company”), which is also the licensee of the “Boxeur des Rues” trademark and the domain www.boxeurdesrues.com, both owned by Malloy Distribution S.r.l.

The Website is hosted by BigCommerce.

Access to and use of the Website, as well as the use of its services (hereinafter, the “Services”) constitute acceptance of these Terms of Use, which the user acknowledges having read and accepted. The Company reserves the right to update or modify these Terms of Use at any time at its sole discretion.

In the event of changes to these Terms of Use, the updated version will be published directly on the Website.

The Website is intended exclusively for the use of the following services:

-     Sale of goods marketed by the Company;

-     Access to reserved area;

-     Customer service contact form (separate from the reserved area);

-     Newsletter subscription service.

The Website also provides access to third-party services that are ancillary to the Company’s services, including:

-     Payment platform;

-     Shipping estimates;

Together, these are referred to as the “Services.”

Access to and browsing of the Website are free; however, the use of certain Services available on the Website or on third-party websites linked to the Website, as well as access to specific sections, may require users to provide personal data and credit card details in accordance with the applicable terms and conditions of those Services. The Company processes personal data in compliance with EU Regulation 2016/679 and the Privacy Policy.

Furthermore, the use of the Services is subject to prior acceptance of the specific terms and conditions outlined on the relevant pages and sections of the Website.

Users are strictly prohibited from reproducing, modifying, duplicating, copying, distributing, selling or otherwise exploiting the Website and/or its Services for commercial purposes without the Company's prior written authorisation.

Users may download or print a copy of the materials (text or graphics) contained on the Website solely for personal, non-commercial use.

Unauthorised use of the Website and/or its content constitutes a violation of current laws on the protection of intellectual property.

Users must retain all trademark and copyright information included in any downloaded or copied content. The use of these materials on any other website or social media platform is prohibited.

Any use of the Services for fraudulent purposes, personal amusement, or with the intent to harm the Company, its suppliers or Service providers is also prohibited.

If a user is dissatisfied with the Website or these Terms of Use, they may discontinue use of the Website or its Services at any time.

Intellectual property

Users expressly acknowledge that all intellectual property rights—protected under copyright laws (Title IX, Book V of the Italian Civil Code, Articles 2575-2594, as well as Law No. 633/1941, as amended by Legislative Decree no. 169/1999) or other applicable provisions—remain the exclusive property of the Company and/or its assignees. This includes, but is not limited to, know-how, source codes, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and similar assets, distinctive signs of the Website or any part of it (logos, icons, etc.), photographs, as well as all rights related to the Services, the Website, data and other materials originating from the Company or, in any case, made available to users by the Company through the Website or under these Terms of Use. Users may not copy, modify, sell, assign, sublicense, transfer to third parties or create derivative works based on any rights owned by the Company, nor may they enable or permit third parties to do so through their account or device, whether knowingly or unknowingly.

Warranty and limitations of liability

The Company assumes no responsibility for any specifications or information (textual or graphical) related to the Services offered on the Website that originate from its suppliers (such as payment or shipping services). The suppliers are solely responsible for the specifications, information, indications and descriptions contained therein.

The Company, therefore, assumes no responsibility for any inaccuracies, graphical errors or explicit or implicit guarantees regarding the operation of the Website, its information, content, software, or the marketability and suitability of data and goods communicated or offered on the Website by third-party suppliers. However, upon specific request, the Company will provide the names, addresses and any other necessary details to identify the supplier and/or provider of any Services offered.

Users acknowledge that they use the Services at their own risk.

The Services are provided “as is” and “as available.” The Company does not guarantee that the Services will meet the user's expectations or requirements, nor that they will be uninterrupted, reliable, secure or error-free. Additionally, the Company makes no guarantees regarding the results users may expect, desire or obtain from using the Services.

The Company assumes no responsibility for any specifications, information (textual or graphical), documents or materials provided by third parties on the Website, even if such content is made available to users as part of an editorial service offered by the Company.

Within the limits established by Article 1229 of the Italian Civil Code, users agree and guarantee to hold the Company, its affiliates, subsidiaries, representatives, employees, collaborators and partners harmless and indemnified from any liability or compensation, including legal fees, arising from their use of the Website and/or third-party services purchased through the Website.

If applicable law does not allow an exemption from liability, the Company's liability shall, in any case, be limited to the maximum extent permitted by law.

The Company assumes no responsibility for any claims made by users regarding the inability to access or use the Website's Services for any reason.

Furthermore, the Company shall not be held liable for any direct or indirect damages, claims or losses suffered by users due to the malfunction or failure of their own or third-party electronic equipment, including Internet Service Providers, or telephone and/or IT connections not directly managed by the Company or by entities for which it is legally responsible.

The Company shall not be considered in breach of its obligations nor held liable for damages arising from the unavailability of Services or access to the Website due to the malfunction or failure of electronic communication systems for reasons beyond its reasonable control. This includes, but is not limited to, the unavailability of telephone connection lines or other network service providers, malfunctioning of computers and other electronic devices, even if not directly connected to the Internet, errors or failures in software installed by users, as well as actions of other users or other persons with access to the network. The Company reserves the right to suspend or discontinue its Services (or any part thereof) at any time, whether temporarily or permanently. Users acknowledge that the Company cannot be held liable in any way to them or third parties for the suspension or interruption of the Services offered on the website.

The Company shall not be held responsible for any damages arising from the use of the Website, including but not limited to direct, indirect, incidental, punitive or consequential damages.

Outgoing hypertext links

The Company may provide links to third-party websites or other Internet resources.

The Company makes no guarantees and assumes no direct or indirect responsibility for the security, content, quality or functionality of these external sites or resources.

Incoming hypertext links

Links to the Website or any other official website of the Company may not be created without the Company's prior written consent.

In any case, the creation of such links does not impose any liability on the Company.

The Company reserves the right to request, at any time and without justification, the removal of any hyperlink to the Website.

The Company is not obligated to monitor, nor does it monitor, the content of external websites and assumes no responsibility for the content, materials (including advertising), products or services offered on these websites or external resources. These products or services shall not, in any way, be considered sponsored, endorsed or supported by the Company. Consequently, users assume full responsibility for the purchase of these products or services.

Contacts

For any requests for assistance, reports or complaints regarding the use of the Website, users may contact the Company using the following contact details:

Email: customercare@boxeurdesrues.com

Certified email: [●]

Registered office address: VIA RUGABELLA 1, 20122 MILAN (ITALY)

Applicable Law and jurisdiction

These Terms of Use are expressly and mandatorily governed by Italian law, and any disputes shall fall under the exclusive jurisdiction of the Court of Milan.

Without prejudice to the above, these Terms of Use shall in no way affect the rights of data subjects classified as consumers under Directive 2011/83/EU, as amended, and its related implementing measures. Consumers retain the right to bring any dispute arising with the Company before the court of their national jurisdiction, as recognised by their applicable national law.