Terms and conditions

1. Subject

   1.1 These general Conditions of Sale (hereinafter also the "Conditions") apply to the purchase of "Bullfrog" brand products (hereinafter "Products" or in the singular "Product") made through the site of e-commerce (hereinafter the "Site") by users qualifying as "Consumers" pursuant to Article 1.2 below. The Site is owned by Bullfrog S.r.l., a company subject to management and coordination activities by Odissea S.r.l., with registered office in Bergamo via Giorgio e Guido Paglia n. 1/D C.F. and P. IVA 08196630969 (hereinafter "Bullfrog", "Owner" or "Seller").

   1.2. The purchases of the Products made through the Site will see as Bullfrog parties as a seller and the entity that proceeds to purchase one or more Products for purposes not related to their business, commercial, craft or professional activities, as buyer (hereinafter the "Consumer"), (Seller and Consumer shall be hereinafter collectively referred to as the "Parties"). The processing of purchase orders, including the delivery of Products, will be managed by the Seller.

   1.3. The Owner is the owner of the rights to the domain name of the Site, logos and trademarks, relating to the Products presented on the Site, as well as copyright on the contents of the Site.

   1.4. Any communication of the Consumer related and/or related to the purchase of the Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address bullfrog.ecom@percassi.com

   1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of the transmission of the order by the Consumer.

   1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are advised not to execute purchase orders. If one or more sales are made against a person who is not qualified as a Consumer, these Conditions will apply but, notwithstanding the provisions thereof:
a) the purchaser will not be granted the right of withdrawal provided for in Article 10;
b) the purchaser will not be entitled to the warranty on the Products indicated in article 8;
c) the buyer will not be recognized any other possible protections, provided here in favor of the Consumer, that reflect or comply with mandatory provisions of law;
d) the contract of sale concluded between the Seller and the Buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - 1980 Vienna Convention.

   1.7. When submitting the purchase order, the Consumer accepts that the confirmation of the information relating to the order made and these Conditions are sent to him via and-email to the address stated by the same during registration to the Site or during the purchase process.

   1.8. In order to make purchases through the Site, the Consumer must be of the age of majority (18) and the ability to act, which the Consumer claims to have.

   1.9. The Consumer shall be solely responsible for any charges for the Internet connection to the Site, including telephone charges, according to the rates applied by the operator selected by the Consumer.

2. Characteristics of the Products and their availability in different geographical areas

   2.1. The Products are sold with the characteristics described on the Site and in accordance with the Conditions published on the Site at the time of the order being placed by the Consumer, with the exclusion of any other condition or term.

   2.2. The Seller reserves the right to modify these Terms at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

   2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. These changes only apply to orders not yet confirmed at the date of the change. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to verify the final selling price.

   2.4 The Site may be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request their delivery in one of the States indicated on the Site.

3. How to purchase the Products - Completion of each individual purchase contract

   3.1. The presentation of the Products on the Site, which is not binding for the Seller, is a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

   3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which are an integral part of the order itself and that the Consumer, by sending the order to the Seller, is obliged to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for your personal use. In addition, the Consumer will be asked to identify and correct any errors in entering their data.

   3.3. The Consumer’s purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by him to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will include a link to the text of these Conditions, a summary of the order made, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the Conditions applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at bullfrog.ecom@percassi.com

   3.4. Any contract to purchase the Products shall be deemed to have been concluded when the Consumer receives the order confirmation from the Seller by e-mail.

4. Product selection and purchase procedure

   4.1. The Products presented on the Site may be purchased through the selection of Products of interest to the Consumer and their inclusion in the specific virtual shopping cart. After the selection of Products, to carry out the purchase of the Products in the cart, the Consumer will be invited to (i) register on the Site, providing the required data, or (ii) to login, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not exhaustive: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications related to the purchase made. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate tick (check-box) on the Site and finally, through the "Order" button, the Consumer will be required to confirm his order, which will then be permanently sent to the Seller and will produce the effects described in paragraph 3.2 above. of these Conditions. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the method of immediate payment (during the purchase) by credit card or PayPal, it will be required to communicate the relevant data through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the particulars indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged only when the Seller sends the order confirmation to the Consumer.

   4.2. If, during the selection procedure for Products on the Site referred to in paragraph 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller’s Customer Service, by sending an e-mail to bullfrog.ecom@percassi.com

5. Delivery and acceptance

   5.1. The Site indicates the availability of the Products and the delivery times of the Products, however, such information is to be considered purely indicative and not binding for the Seller.

   5.2 The Seller undertakes to make all reasonable efforts to respect the delivery times indicated on the Site and, in any case, to carry out the delivery in a maximum time of 30 (thirty) days from the day following that in which the Consumer transmitted the order. In case of non-performance of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to paragraph 5.3 below. If the Consumer has chosen the bank transfer as the method of payment, the delivery period will start from the receipt of the consideration by the Seller.

   5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer from those available and indicated on the Site at the time of sending the order. The Consumer undertakes to check promptly and in the shortest possible time that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect of the Products received or of their discrepancy with respect to to the order placed, in accordance with the procedure set out in Article 8 of these Conditions, failing this, the Products shall be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer is clearly damaged, the Consumer is invited to refuse delivery by the carrier/ forwarder or to accept delivery "with reservation".

6. Prices, shipping costs, taxes and taxes

   6.1. The price of the Products is that indicated on the Site at the same time as the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable)they do not include the shipping costs that are calculated before the order confirmation sent by the Seller to the Consumer and that the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.

   6.2. The Consumer shall pay the Seller the total price, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.

   6.3. If the Products are to be delivered to a non-EU country, the total price stated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, according to the provisions of the law of the country in which the Products will be delivered. The Consumer is invited to inquire with the competent authorities of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

   6.4. The Consumer is solely responsible for any additional cost, charge, tax and/or tax that a given country may apply to any title of Products ordered under these Terms.

   6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in paragraphs 6.3. and 6.4 above. at the time of sending an order to the Seller, shall not constitute a cause for termination of this contract and shall in no way be able to charge the aforementioned charges to the Seller.

7. Payments

   7.1. Payment of the price of the Products purchased through the Site must be made within the essential period of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the performance of the contract by the Seller will begin at the time of the credit of the price of/i Product/s purchased/i to the Seller’s current account.

   7.2. Payment may be made by credit card or PayPal, subject to the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.

   7.3. The Seller shall promptly transmit to the Consumer, if required by applicable law, in electronic form by e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

8. Legal guarantee of Seller’s conformity, reporting of lack of conformity and warranty interventions

   8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree No. 206/2005 (hereinafter "Consumer Code")The Seller warrants to the Consumer that the Products will be free from design and material defects and comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee in case of use or washing of the Product does not conform to that of the Product and the instructions/ warnings provided by the Seller and/ or the Owner, or reported in the documentation of reference, in tags or labels. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type.

   8.2. The Consumer can report any defects and non-conformities, by sending the Customer Service at bullfrog.ecom@percassi.com the appropriate form correctly filled in, with indication of the defect and/or non-compliance found, as well as the relative documentation indicated in the same return form (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt). The action aimed at asserting defects not intentionally concealed by the Seller is prescribed in any case within twenty-six months from the delivery of the Products to the Consumer.

   8.3. Upon receipt of the form and the relevant documentation, the Seller will assess the defects and non-conformities reported by the Consumer through its service and, After having carried out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a feedback by email. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products of which the Seller has authorized the return must be returned by the Consumer, together with a copy of the notice of authorization to return bearing the "Return Code", within 30 (thirty) days of the complaint of the defect or non-compliance, at the following address:

BULLFROG SRL
Piazza Alvar Aalto
20124 Milan (MI) - Italy

   8.4. In the event of defects or non-conformities, the Consumer shall have the right to the restoration of conformity of the Product by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree No. 206/2005.
If the Seller has undertaken to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer’s responsibility to communicate to the Seller, always by e-mail at bullfrog.ecom@percassi.com, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.

9. Liability for defective products

   9.1. Any damage caused by defects in the Products shall be subject to the provisions of the Consumer Code.

   9.2. The images and colors of the Products published on the Site may differ from the actual ones due to the local settings of the systems and/or tools used for their display. In the event of a lack of conformity of the Products purchased with respect to the description published on the Site and in the event of a defective or defective Product, the Customer is entitled to an immediate refund of the non-conforming goods, by sending by email to bullfrog.ecom@percassi.com of photographs that show the damage or non-compliance of the Product.

   9.3. The Seller will then inform the Customer of the refund procedure, which may be carried out, at the Customer’s discretion, also through discount vouchers to be used on a subsequent purchase, excluding any further liability of the Seller, in any capacity.

   9.4. In any case, the provisions on the legal guarantee of conformity of goods provided for by the Consumer Code (D.lgs. 206/2005, Part IV, Art.102-135) apply.

10. Right of withdrawal

   10.1 Subject to the exceptions provided for in article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded under these Conditions, without having to provide any reasons and without any penalty, within the period of 14 (fourteen) days from when (i) the Product was delivered or (ii) in case of purchase of several Products delivered separately with a single order, the last product was delivered.

   10.2 To exercise the right of withdrawal, the Consumer may send an explicit statement to the email address bullfrog.ecom@percassi.com of his decision to withdraw.

   10.3 Following the provisions of point 10.2 above, the Consumer will receive an email confirming the exercise of the withdrawal, containing, if he has already received the product ordered, the instructions for returning the product, to be transmitted no later than the following 14 days to:

BULLFROG SRL
Piazza Alvar Aalto
20124 Milan (MI) - Italy

   10.4 If the Consumer has received the product, he is obliged to return it to the above address without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The term is respected if the Consumer returns the goods before the expiry of the period of 14 days. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the Consumer.

   10.5 In case of withdrawal, the Consumer will be refunded the payments he has made, excluding the costs incurred for the shipment of the product, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests reimbursement on a different means of payment, in this case will be charged to the Consumer any additional costs arising from the different means of payment. The refund may be suspended until the goods are received or until the Consumer demonstrates that he has returned the goods, whichever is earlier.

   10.6 The Consumer is responsible for the decrease in the value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example, with a sign of wear, abrasion, scratch, scratch, deformation, etc.), not complete with all their elements and accessories (including tags and tags unaltered and attached to the product), not accompanied by the instructions/notes/manuals attached, the original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the goods, and will be entitled to reimbursement of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, the characteristics and operation of the same and cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport even from writing or labels.