Terms of Sale

Effective as of 01/01/2020

These General Terms and Conditions of Sale regulate the supply and sale of products through the website bushheads.com (hereinafter, the “Website”).

The General Terms and Conditions of Sale apply to all sales processed by Bushheads on the Website. The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be effective as of their publication on the Website, in the “Legal” section. Users are thus urged to visit the Website on a regular basis and, prior to any purchase, to read the most recent version of the General Terms and Conditions of Sale. The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

The user shall carefully read these General Terms and Conditions of Sale, made available by Bushheads in the “General Terms and Conditions of Sale” section of the Website and which can be saved and reproduced, as well as other information that Bushheads provides in the Website, both before and during the purchase procedure.

The General Terms and Conditions of Sale apply in the following States: United Kingdom of which is associated with a specific section of the Website(“Country”).

Purchasing through the Website

The purchase of Products through the Website is only allowed to persons that:

• are at least 18 years old
• act in their capacity as consumers, defined as natural persons who, with regard to the purchase of Products, act for purposes unrelated to any business, commercial, professional or craft activities that they may conduct

The user is allowed to purchase more than one Product within the same order (“Multiple Order”). However, it is not possible to buy more than five items of the same Product in a single order. Should any breach of the above provisions occur or any irregularities in relation to the quantity of products purchased or the frequency of purchases made be observed, Bushheads reserves the right to undertake all actions required to ensure that such breaches or irregularities immediately cease, including the refusal or cancellation of irregular orders or to suspend access to the Website or cancel the registration.

Bushheads reserves the right to refuse or cancel orders placed by:

• a user with whom the company has on-going legal disputes
• a user who has previously breached the conditions and/or terms of the sale of goods agreement
• a user who has been involved in fraud of any type

Registering on the Website

The purchase of Products on the Website may only take place after registration within the Website. Registration on the Website is free. To register on the Website, the user must fill out the registration form, entering their name, surname, title, an email address and a password and then clicking on “Register”. Confirmation of registration will be sent to the user by email.

Registration on the Website, by opening a personal account called “My Account”, enables the user to:

• save their own addresses
• save their payment details so they may be re-used for paying subsequent purchases
• save access to all the information regarding orders and returns
• monitor the order status
• manage their own personal data and update them at any time

The registration credentials (email address and password) enable the user to make purchases on the Website and, if the user chooses to pay with credit card (except for Maestro) and enables the “One click buy” payment option, to pay directly for purchases made through the Website, without entering credit card data for each subsequent purchase.

In any case, the registration credentials should be preserved with extreme care and attention, they may only be employed by the user and cannot be transferred to third parties. The user hereby undertakes to keep them confidential and to ensure that no third party gains access to them. The user also undertakes to immediately inform Bushheads if they have suspicions of or become aware of any illegal use or disclosure of said data.

The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless Bushheads against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.

Information Required for Entering into an Agreement

Bushheads hereby informs the user that:

• to conclude the sale of goods agreement of one or more Products on the Website, the user must fill out an order form in electronic format and send it to Busheads electronically, following the instructions that will appear from time to time on the Website
• the agreement is concluded when the order form reaches the server of Bushheads
• before submitting the order form, the user will be able to identify and correct any errors in the inserted data, by following the instructions on the Website
• once the order form has been submitted and upon confirmation of the validity of the payment method used and following subparagraphs, Bushheads will send the user, at the provided email address, an order confirmation containing the following: a summary of the General Terms and Conditions of Sale, as well as any particular conditions applicable to the agreement, information regarding the main features of the purchased product (including information regarding the customisation options selected by the customer, in case of a Custom Made Product purchase), a detailed indication of the price, the form of payment used, the delivery expenses and any additional expenses, as well as information about the right of withdrawal or its non-actionability
• the order form will be filed in the database of Bushheads for the time required for the completion of the agreement and, in any case, according to the procedures and time limits set forth by law. To gain access to their order form, the user must access the “My Account – my orders” section of the Website.

Product Availability

The Products offered in the Website are not Bushheads-branded items of clothing and accessories (such as, merely by way of example, shoes, small leather goods, bags, glasses, beauty and care accessories, perfumes and watches) contained in the electronic catalog published on the Website at the time when the user places the order.

Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than one user purchase the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.

Custom Made Products

Bushheads reserves the right to offer the user the opportunity to purchase Custom Made Products, namely products that, starting by a base model, the user may customise with the options available from time to time (“Custom Made Products”). Custom Made Products will be listed in a dedicated section of the Website and/or will be identified with the “Custom Made” caption; the Product Sheet for each Custom Made Product, as well as during the whole purchase procedure, and, anyway, before the user is bound to the sale of goods agreement of the Custom Made Product, will specify the date from which the delivery term for the Custom Made Product runs.

Product Information

Each Product is accompanied by a product information sheet illustrating its main features (“Product Sheet”). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.

Prices

All the prices of the Products published on the Website are provided in GBP. Bushheads hereby reserves the right to change the price of Products at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed.

Purchase orders

The Products shall remain the property of Bushheads until the payment of the Total Sum Due by the user is made. If the Total Sum Due is not paid or if the successful outcome of the payment is not confirmed, the sale of goods agreement shall be considered legally terminated. The user shall be informed by email of the agreement termination and of the subsequent cancellation of the order.

Bushheads will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Any risk of loss or damage to the Product(s) which cannot be attributed to Bushheads, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product(s).

In the event that, after the purchase of a Product and its delivery to the user, the user wishes to replace it – without prejudice to the rights the user has in accordance with the law and the Terms of Sale – the replacement shall occur within 14 days of the date on which the Product that the user purchased has been delivered, provided that:

• the Product is intact, complete in all its parts, equipped with all accessories, illustrative sheets, identification tags and labels, placed inside its original packaging together with a copy of the purchase invoice
• the Product requested by the user as a replacement for the one originally purchased is available on Bushheads.