The offer and sale of products made through the website (www.casabugatti.com) (hereinafter, the “Website”), owned by ILCAR DI BUGATTI SRL, with registered office in (25065) Lumezzane (BS), Via Industriale, no. 69, Italy, registered with the Brescia Companies’ Register, R.E.A. no. BS - 170640, Tax Code 00299790170 and VAT number 00552330987, represented by its pro-tempore legal representative, Mr. Clemente Bugatti (hereinafter, “Ilcar” or the “Company”), are governed by the following general sale conditions (hereinafter, the “General Sale Conditions”).
The General Sale Conditions are drafted in accordance with the legislation on contracts concluded away from business premises and, in particular, with the provisions of Italian Legislative Decree no. 206/2005 (hereinafter, the “Consumer Code”).
The General Sale Conditions govern the manner and terms under which the Company provides the customer with the product sale service, with the characteristics and economic conditions set out in the individual commercial offer indicated by the customer when placing the order completed and submitted through the Website to the Company.
ARTICLE 1 – PARTIES TO THE AGREEMENT
1.1 The parties to the sale agreement are Ilcar and the user.
1.2 The user may be: a) a consumer, meaning a natural person acting for purposes unrelated to any business, commercial, craft or professional activity that may be carried out, as provided for by article 3, paragraph 1, letter a) of the Consumer Code; b) at least 18 years of age; c) resident and/or domiciled in the territory of Italy, the Republic of San Marino or Vatican City; or d) a professional, meaning a natural or legal person acting in the exercise of its own business, commercial, craft or professional activity, or an intermediary thereof, as provided for by article 3, paragraph 1, letter c) of the Consumer Code; e) domiciled or with a registered and/or operating office in the territory of Italy, the Republic of San Marino or Vatican City.
1.3 Notwithstanding article 1, paragraph 2, letters d) and e), sales on the Website are excluded for resellers and/or wholesalers or, more generally, any party intending to purchase Ilcar’s products for the purpose of subsequent resale.
1.4 Ilcar may refuse or cancel orders originating from: i) a user with whom it has a pending legal dispute; ii) a user who has previously breached these General Sale Conditions and/or the conditions and/or terms of a purchase agreement with Ilcar; iii) a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; iv) users who have provided false, incomplete or otherwise inaccurate identification data, or who have failed to promptly send Ilcar the documents requested under these General Sale Conditions, or who have sent invalid documents; v) users who do not provide sufficient guarantees of solvency.
ARTICLE 2 – DISTANCE CONTRACT
2.1 The sale is carried out exclusively by Ilcar through the Website and constitutes a distance contract governed by articles 45 et seq. of Legislative Decree no. 206/2005 and by Legislative Decree no. 70/2003. The products purchased on the Website are offered and sold by Ilcar (hereinafter, the “Products”).
2.2 These General Sale Conditions do not govern the sale of products and/or the supply of services by parties other than the Company that may be present on the Website through links, banners or other hyperlinks. Before entering into any commercial transaction with such parties, you should verify their own sale conditions. Ilcar is not responsible for the supply of services and/or the sale of products by such parties. Ilcar does not carry out any control and/or monitoring of the websites accessible through such links. Ilcar is therefore not liable for the content of such websites, nor for any errors, omissions or breaches of law by them.
ARTICLE 3 – REGISTRATION ON THE WEBSITE
3.1 Only registered users may make purchases on the Website. Registration on the Website is free of charge. To register on the Website, the user must complete the registration form available on the Website.
3.2 Registration credentials are personal and must be used exclusively by the user; they may not be transferred to third parties. The user must therefore keep them confidential and ensure that no one else has access to them, and must promptly inform Ilcar, by contacting it as indicated in article 15 of these General Sale Conditions, in the event of suspected misuse and/or disclosure of the same. The user warrants that the personal information provided during the Website registration procedure is complete and truthful. The user agrees to hold Ilcar harmless from any damage, indemnification obligation and/or penalty arising from and/or in any way connected with the user’s breach of the rules on registration on the Website or on the safekeeping of registration credentials.
ARTICLE 4 – CONCLUSION OF THE AGREEMENT
4.1 Pursuant to Legislative Decree no. 70/2003, in order to enter into the purchase agreement for one or more Products on the Website, the user must complete an order form in electronic format and transmit it to Ilcar electronically, following the instructions that will appear from time to time on the Website and that will accompany the various stages of the purchase.
4.2 The agreement shall be deemed concluded provided that: a) the order form has been received by Ilcar’s server; and b) the user has accepted to be bound by the payment obligation. Completion of an order is inseparable from the user’s payment obligation. Accordingly, in order for the agreement to be concluded, the user must have transmitted acceptance of the order together with the payment obligation.
4.3 Once the order form has been recorded and confirmation of authorisation for payment of the total amount due has been received, Ilcar will send the user, by e-mail to the address indicated during registration, an order confirmation containing a summary of the General Sale Conditions, information on the characteristics of the Product purchased, a detailed indication of the price, the payment method used, delivery and invoicing details, delivery costs and any additional costs, as well as the contact details the user may use to request assistance and/or submit complaints. The user is advised to keep the confirmation e-mail as proof of purchase. The General Sale Conditions will be attached to the e-mail confirming shipment of the purchased product.
4.4 The order form will be stored in Ilcar’s database for the time necessary to process the order and, in any case, within the terms provided by law. The user may consult the order form through their account on the Website.
ARTICLE 5 – PRICES AND PROMOTIONS
5.1 All Product prices are expressed in Euro and are inclusive of VAT. Any additional cost, inclusive of VAT and expressed in Euro, will be expressly and separately indicated in the order form before the user proceeds to transmit it, as well as in the order confirmation e-mail.
5.2 The price of the Products may be changed by Ilcar at any time, without prior notice, provided that any price change (whether an increase or a decrease) occurring after transmission of the order will not apply to the user.
5.3 Products may be offered for sale on the Website at discounted prices. Pursuant to article 17-bis of the Consumer Code, any price reduction announcement will indicate, as the previous reference price, the lowest price applied by Ilcar to consumers generally in the thirty days preceding the application of the reduction, subject to the exceptions provided by that same provision for products placed on the market for less than thirty days and for reductions progressively increased within the same sales campaign. Only the discounted price in force on the date of purchase will apply, regardless of any price increases or decreases, including in connection with promotions, that may have occurred subsequently or been previously concluded. All discounted prices are in Euro and inclusive of VAT.
ARTICLE 6 – CREATION AND ACCEPTANCE OF THE ORDER
6.1 Ilcar will process the purchase order, and therefore ship the purchased Product, only after receiving confirmation of authorisation for payment of the total amount due, consisting of the purchase price, delivery costs (if applicable) and any other additional cost, as indicated in the order form (hereinafter, the “Total Amount Due”). If the Total Amount Due is not paid, or if successful payment is not confirmed, the purchase agreement will be deemed automatically terminated pursuant to and for the purposes of article 1456 of the Italian Civil Code. The user will be notified of such termination and of the consequent cancellation of the order immediately after the order is transmitted, through the Website.
6.2 The Products will remain the property of Ilcar until the Total Amount Due has been paid in full by the user. The risk of loss or damage to the Products, for reasons not attributable to Ilcar, will transfer to the user when the user and/or a third party designated by the user, other than the carrier, takes physical possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colours of the Products may differ from the actual colours due to the settings of the electronic devices or computers used by users to view them. The images of the Product in the Product Sheet may also differ in size or in relation to any accessory products. Such images must therefore be regarded as indicative, subject to standard tolerances. For the purposes of the purchase agreement, the description of the Product contained in the order form transmitted by the user shall prevail.
ARTICLE 7 – SHIPPING COSTS
7.1 Free shipping applies throughout the national territory for orders exceeding €99. For orders below this threshold, a fixed contribution of €8.90 (VAT included) is charged for delivery throughout Italy, the Republic of San Marino and Vatican City. Deliveries abroad are available, in the markets where the shopping cart is enabled, only if the country and language preferences are updated accordingly. Unless otherwise indicated in connection with active promotions and initiatives, shipping costs are as follows: Italy, Republic of San Marino and Vatican City: shipping cost €8.90, free shipping from €99.00; United Kingdom: shipping cost €50.00, free shipping from €399.00; Rest of Europe: shipping cost €15.90, free shipping from €249.00.
7.2 Delivery. Shipment takes place within 48/72 hours following the sending of the Order Confirmation e-mail, from Monday to Friday, excluding public holidays, between 9 a.m. and 6 p.m. Once the shipment has been entrusted to the courier, a confirmation e-mail will be sent containing a link, which will become active within a maximum of 72 hours, allowing the delivery to be tracked. Delivery times are 24/48 hours, but may vary for less accessible areas: 2 to 6 business days for the islands, Calabria and remote areas. Delivery within the national territory is carried out through the express courier Bartolini.
7.3 Checking shipment status. Shipment tracking is available once the order has been entrusted to the courier, through the link provided by e-mail.
7.4 Availability for delivery. If it is not possible to deliver the order, the courier will make a further delivery attempt, generally on the following day. If delivery still proves impossible, the order will remain held at the nearest Bartolini branch. Our Customer Service remains fully available for any delivery-related questions.
ARTICLE 8 – DELIVERY OF THE ORDER
8.1 Purchased Products are delivered in Italy, the Republic of San Marino and Vatican City. Any delivery limitations will be indicated on the Website from time to time.
8.2 Shipping is free unless otherwise specified on the Website. Where due, the amount of delivery costs is expressly and separately indicated in Euro, inclusive of VAT, during the purchase process, in the order summary and, in any event, before the user transmits the order. Where no specific delivery term is indicated, delivery will in any case take place within 30 (thirty) days from the date the agreement is concluded.
8.3 In the event of partial withdrawal from multiple orders, the amount of delivery costs to be refunded to the user will be calculated proportionally to the value of the Product subject to withdrawal.
8.4 Delivery is deemed completed upon transfer to the user of material availability or, in any case, control of the Products. It is the user’s responsibility to check the condition of the Product delivered or collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Ilcar, transfers to the user when the user, or a third party designated by the user other than the carrier, takes physical possession of the Product, the user must check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials, and must note any anomalies on the carrier’s transport document, accepting the parcel with reservation. Unreserved acceptance of the Products will prevent the user from taking legal action against the carrier in the event of loss or damage to the Products, except where the loss or damage is due to the carrier’s wilful misconduct or gross negligence, and except for partial loss or damage not recognisable at the time of delivery, provided that, in the latter case, the damage is reported as soon as it becomes known and no later than 8 (eight) days after receipt. If the packaging shows clear signs of tampering or alteration, the user must promptly notify Ilcar. In any event, the rules on the right of withdrawal and the legal guarantee of conformity remain applicable. The courier makes two delivery attempts, after which it will return the Products to Ilcar, which will refund the customer. Nothing is due to the carrier at the time of delivery.
8.5 If the purchased Product is not delivered, or is delivered later than the delivery terms indicated during the purchase process and in the order confirmation, the user may request that Ilcar carry out delivery within an additional period appropriate to the circumstances. If that additional period expires without the goods having been delivered, the user will be entitled to terminate the agreement, without prejudice to the right to compensation for damages and within the limits set out in article 61, paragraph 4, of Legislative Decree no. 206/2005.
ARTICLE 9 – UNAVAILABILITY OF THE PRODUCTS
9.1 In the event of unavailability of the ordered Product, without prejudice to the rights granted to the user by law and, in particular, those relating to termination of the agreement under the Italian Civil Code, the user will be promptly informed by e-mail by Ilcar. The user will then be entitled to terminate the agreement immediately, without prejudice to the right to compensation for damages, pursuant to and for the purposes of article 61, paragraphs 4 and 5, of Legislative Decree no. 206/2005. Where the user exercises the right of termination under article 61, paragraphs 4 and 5, of Legislative Decree no. 206/2005, or in any case where payment of the Total Amount Due has already taken place, Ilcar, without prejudice to the user’s right to compensation for damages, will refund such amount without undue delay and, in any event, within a maximum term of 15 (fifteen) working days from the sending of the order. The refund amount will be communicated to the user by e-mail. Such amount will be credited to the same payment method used by the user for the purchase. Any delay in crediting the amount may depend on the bank, the type of credit card or the payment method used. In any case, the value date will be the same as that of the charge.
9.2 In the case of orders relating to multiple Products (hereinafter, the “Multiple Order”), if the subsequent unavailability concerns only some of the Products included in the Multiple Order — without prejudice to the rights granted to the user by law, and in particular those relating to termination of the agreement under the Italian Civil Code, and without prejudice to the application of article 8, paragraph 1, above where the subsequent unavailability concerns all Products in the order — Ilcar will immediately notify the user by e-mail. The user will then be entitled to terminate the agreement immediately, limited to the unavailable Product(s), without prejudice to the right to compensation for damages, pursuant to and for the purposes of article 61, paragraphs 4 and 5, of Legislative Decree no. 206/2005. Where the user exercises the right of termination under article 61, paragraphs 4 and 5, of Legislative Decree no. 206/2005 in relation to the unavailable Product(s), or in any case where payment of the Total Amount Due has already taken place, Ilcar, without prejudice to the user’s right to compensation for damages, will refund the amount due in relation to such Product(s), including delivery costs and any other additional cost specifically due in relation to such Products (hereinafter, the “Partial Amount Due”), without undue delay and, in any event, within a maximum term of 15 (fifteen) working days from the sending of the order. The refund amount will be communicated to the user by e-mail. Such amount will be credited to the same payment method used by the user for the purchase. Any delay in crediting the amount may depend on the bank, the type of credit card or the payment method used. In any case, the value date will be the same as that of the charge. Termination of the entire Multiple Order will only be possible where the Products that have become unavailable are clearly and demonstrably ancillary to the other available Products included in the Multiple Order.
ARTICLE 10 – PAYMENT METHODS
10.1 Payment for the Products may be made by Visa and MasterCard credit cards, Maestro debit cards, and through the Bancomat BPPay and MyBank payment systems. Where one of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Website.
10.2 Payment for the Products may be made through the Website. No charge will be made to the credit card used by the user for payment at the time the order is transmitted. The charge will take place after (i) the details of the card used by the user for payment have been verified, and (ii) the issuer of the card used by the user has authorised the charge.
10.3 The commercial invoice will be sent by e-mail. The information provided by the user, which the user declares and warrants to be truthful, will be relied upon for the issuance of the invoice; the user undertakes to hold Ilcar harmless and indemnified from any damage, including penalties issued by the competent authorities, that may arise from the inaccuracy of such information.
ARTICLE 11 – PAYMENT SECURITY GUARANTEE
11.1 In order to ensure the security of payments made on the Website and to prevent any fraud, Ilcar may reserve the right to ask the user, by e-mail, to send, by the same means, a copy of both sides of their identity document and, where the person named on the order differs from the cardholder, of that person’s identity document as well. The document must be valid. The request e-mail will specify the deadline by which the document must reach Ilcar. Such deadline will in any case not exceed 5 (five) working days from receipt of the request by the user. Pending receipt of the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
11.2 If Ilcar does not receive such documents within the deadline specified in the request e-mail, or receives expired or invalid documents, the agreement will be deemed automatically terminated pursuant to and for the purposes of article 1456 of the Italian Civil Code, and the order will consequently be cancelled, without prejudice to Ilcar’s right to compensation for any damage it may have incurred as a result of the user’s non-compliant conduct. Termination of the agreement, of which the user will be notified by e-mail no later than 5 (five) working days after expiry of the deadline for sending the requested documents, will result in cancellation of the order and consequent refund of the Total Amount Due.
11.3 If Ilcar receives valid documentation within the deadline indicated in the e-mail referred to in article 10, paragraph 2, above, delivery terms will run from the date such documentation is received.
11.4 Confidential credit card data (card number, cardholder name, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through servers used by Ilcar. Ilcar therefore never has access to, and does not store, the credit card data used by the user for payment of the Products, except, with respect to the cardholder’s name only, in the case provided for by article 10, paragraphs 1 and 2, of these General Sale Conditions.
ARTICLE 12 – WITHDRAWAL
12.1 The user has the right to withdraw from the agreement concluded with Ilcar, without incurring costs other than those indicated in this article and without having to state any reason, within 14 (fourteen) calendar days (hereinafter, the “Withdrawal Period”). The Withdrawal Period expires after 14 days: a) in the case of an order for a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product; b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or c) in the case of an order relating to delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece. In the case of purchase of a customised or made-to-measure Product, the user will not be entitled to the right of withdrawal provided for by Legislative Decree no. 206/2005 and governed by this article of the General Sale Conditions. A Product is considered customised or made to measure if it has specific characteristics expressly requested by the individual user when placing the order, which cannot be removed for technical reasons and/or because of the costs their removal would entail.
12.2 To exercise the right of withdrawal, the user must inform Ilcar in writing of the decision to withdraw before expiry of the Withdrawal Period. Pursuant to article 54-bis of the Consumer Code, withdrawal may also be exercised through the dedicated online function available on the Website, accessible throughout the Withdrawal Period in the user's reserved account area, next to each order still eligible for withdrawal, as well as on the dedicated withdrawal page. This function allows the user to complete a form with their identification details, the details of the agreement (order number, date and Product) and the electronic contact details for confirmation, and to confirm their decision by means of a final confirmation button. Ilcar will record the date and time the request is submitted and will send the user, without undue delay, an acknowledgement of receipt on a durable medium, indicating the content, date and time of the withdrawal request. The standard withdrawal form is also made available for download on the Website's withdrawal page and/or attached to the order confirmation e-mail, as a further tool available to the user, in addition to and not in place of the online function.
12.3 To return the Product, after having exercised the right of withdrawal in the manner indicated in this article, the user will be contacted by Ilcar, which will provide instructions for returning the Product, indicating the courier and agreeing on the collection date. The direct costs of returning the Product are borne by the user. Return of the Product to Ilcar takes place under the user’s responsibility; the Product is deemed returned once it is delivered to Ilcar. The user may ask Ilcar to arrange collection of the Product for return, at the user’s expense.
12.4 If the user withdraws from the agreement, Ilcar will refund the Total Amount Due paid by the user for the Product, including delivery costs where applicable, no later than 14 (fourteen) calendar days from the day on which Ilcar was informed of the user’s decision to withdraw, and subject to verification of the condition of the Product returned to Ilcar as governed by paragraph 5 of this article, below. The refund will be made using the same payment method used by the user for the original transaction; in any case, the user will not incur any cost as a result of the refund. If the user benefited from a discount applied to the purchase of the Product for which the right of withdrawal has been exercised, the refund will be made only with reference to the amount actually paid by the user, and not with regard to the value of the discount code. In the case of purchase of a customised or made-to-measure Product, the user will not be entitled to the refund provided for by this article of the General Sale Conditions.
12.5 The user is liable only for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish its nature, characteristics and functioning. The Product must in any case be kept, handled and inspected with ordinary care and returned intact, complete in all its parts, fully functional, together with all accessories and information leaflets, with any identification tags, labels and single-use seal, where present, still attached to the Product, intact and untampered, and perfectly fit for its intended use and free from signs of wear or dirt. Withdrawal, moreover, applies to the Product as a whole. It may not therefore be exercised in relation to parts and/or accessories of the Product that do not themselves constitute separate Products.
12.6 Where withdrawal has not been exercised in accordance with the applicable legislation, it will not result in termination of the agreement and, consequently, will not give rise to any right to a refund. Ilcar will notify the user of this within 5 (five) working days of receiving the Product, rejecting the withdrawal request. The Product, if already received by Ilcar, will remain with Ilcar at the user’s disposal for collection, which must take place at the user’s expense and under the user’s responsibility.
12.7 If the Product for which withdrawal has been exercised has suffered a diminution in value resulting from handling of the goods other than what is necessary to establish its nature, characteristics and functioning, the refund amount will be reduced by an amount equal to such diminution in value. Ilcar will notify the user of this circumstance and of the consequent reduced refund amount within 5 (five) working days of receiving the Product, providing the user, where the refund has already been paid, with the bank details for payment of the amount due from the user as a result of the diminished value of the Product.
12.8 Where, in accordance with one of the cases provided for by law, the right of withdrawal does not apply, this exclusion will be specifically and expressly stated in the Product Sheet and, in any event, during the purchase process, before the user transmits the order. Pursuant to article 59 of Legislative Decree no. 206/2005, the right of withdrawal is excluded, among other things, where the sale concerns goods made to the consumer’s specifications or clearly personalised, and/or sealed goods which are not suitable to be returned for hygiene or health protection reasons and which have been opened after delivery.
ARTICLE 13 – GENERAL PRODUCT SAFETY INFORMATION
13.1 In compliance with article 19, paragraph 1, letter d), of EU Regulation no. 2023/988, Ilcar undertakes to provide, for each product, detailed safety information, including but not limited to warnings on potential risks, instructions for safe use and precautions to be followed during use. Such information will be made available to the customer and must, in any case, be consulted before any use of the product.
ARTICLE 14 – CONFORMITY WARRANTY
14.1 All Products sold on the Website are covered by the legal guarantee of conformity provided for by articles 128–135 of Legislative Decree no. 206/2005. Ilcar accordingly guarantees that all Products hold the conformity certifications established by applicable law, and provides specific attestation of this in the documentation supplied with the Products.
14.2 Ilcar, in its capacity as seller, is liable to the user, pursuant to article 133 of the Consumer Code, for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within 2 (two) years from such delivery. Pursuant to article 135 of the Consumer Code, unless proven otherwise, a lack of conformity that becomes apparent within 1 (one) year of delivery of the Product is presumed to have already existed at that date, unless this is incompatible with the nature of the Product or with the nature of the lack of conformity. From the thirteenth month following delivery of the Product, it will instead be for the user to prove that the lack of conformity already existed at the time of delivery. In order to benefit from the guarantee, the user must provide proof of the date of purchase and of delivery of the goods by means of any document capable of attesting to the date of purchase and the date of delivery.
14.3 For the purposes of this article, the purchased Product has a lack of conformity if: a) it is not fit for the purposes for which goods of the same type are normally used; b) it does not conform to the description given by the seller and does not possess the qualities of the goods that the seller presented to the consumer as a sample or model; c) it does not possess the qualities and performance normal for goods of the same type, which the consumer can reasonably expect, taking into account statements made in advertising or on labelling; d) it is not fit for the particular purpose intended by the consumer, which was made known to the seller at the time the agreement was concluded and which the seller accepted. Accordingly, any faults, malfunctions or other defects caused by accidental events, by the user’s fault, or by use of the Product not in accordance with its intended use and/or with the technical documentation accompanying the Product, if any, or the instructions for use relating to it, are excluded.
14.4 Where a duly reported lack of conformity is established within the relevant terms, the user is entitled to: a) free replacement of the goods, unless the remedy requested is objectively impossible or excessively costly compared to the other, in which case, given the type of sale in question, replacement will apply where possible in light of the number of items still available for sale; b) where replacement is impossible or excessively costly, or has not been carried out within a reasonable time, or a previous replacement has caused significant inconvenience to the consumer, termination of the agreement. A remedy is excessively costly if it imposes unreasonable costs on the seller compared with the alternative remedies available, taking into account: a) the value the goods would have had if there were no lack of conformity; b) the significance of the lack of conformity; c) whether the alternative remedy could be carried out without significant inconvenience to the consumer.
14.5 If a Product purchased on the Website shows, during the warranty period, what may be a lack of conformity, the user must contact Ilcar, at the contact details and in the manner indicated in article 15 of these General Sale Conditions. Ilcar will respond promptly to the notification of the alleged lack of conformity and will indicate to the user the specific procedure to follow, including for agreeing on the method of shipping the goods, taking into account the product category to which the Product belongs and/or the defect reported.
14.6 In the event of termination of the agreement, Ilcar will refund to the user the total amount paid, consisting of the purchase price of the Product, delivery costs and any other additional cost. In the event of a price reduction, Ilcar will refund the amount of the reduction, as previously agreed with the user. Alternatively, the user may choose to receive a purchase voucher, to be spent on the Website, of a value equivalent to the refund amount or, as applicable, to the reduction to which the user is entitled. The refund or reduction amount will be communicated to the user by e-mail and credited to the payment method used by the user for the purchase.
14.7 Ilcar is not liable for damage of any kind resulting from improper use of the Product and/or use not in accordance with the manufacturer’s instructions, nor for damage resulting from unforeseeable circumstances or force majeure.
14.8 Where the user is a professional, as defined in article 1, paragraph 2, letters d) and e), of these General Sale Conditions, the Products will be guaranteed against defects in materials and workmanship for a period of 1 (one) year from the date of purchase, and the provisions of the preceding paragraphs that are not exclusively applicable to consumer users, as identified in article 1, paragraph 2, letter a), of these General Sale Conditions, will apply to the user.
ARTICLE 15 – CONTACTS
15.1 The user may request information, send communications, request assistance or submit complaints by contacting Ilcar in the following ways: a) by post, writing to Ilcar di Bugatti Srl, Via Industriale, no. 69, 25065 Lumezzane (BS), Italy; b) by e-mail, writing to ecommerce@casabugatti.it; c) through the dedicated form on the Website’s Contact page.
15.2 Ilcar will respond to complaints submitted within 5 (five) working days of receipt.
15.3 Pursuant to article 22, paragraph 1, of EU Regulation no. 2023/988, Ilcar states that it is registered on the Safety Gate portal, in order to duly inform consumers where it must proceed with the recall and/or withdrawal of a Product after it has been verified that it may pose a risk to consumer health and safety.
ARTICLE 16 – APPLICABLE LAW, COMPETENT COURT AND DISPUTE RESOLUTION
16.1 Agreements concluded between users of the Website and Ilcar are governed by Italian law.
16.2 For any dispute concerning the application, performance and interpretation of these General Sale Conditions, the competent court is that of the place where the user resides or has elected domicile. Where the user is a professional, as defined in article 1, paragraph 2, letters d) and e), of these General Sale Conditions, the Court of Brescia will have exclusive jurisdiction over any dispute concerning the application, performance and interpretation of these General Sale Conditions.
16.3 As of the date of these General Sale Conditions, Ilcar has not joined any alternative dispute resolution (ADR) body pursuant to article 141-sexies, paragraph 1, of the Consumer Code. Where a dispute relating to this agreement is not resolved following a complaint submitted by the user directly to Ilcar, Ilcar will inform the user, in paper or other durable format, whether or not it intends to make use of an ADR body for the resolution of the dispute, pursuant to article 141-sexies, paragraph 3, of the Consumer Code. For information purposes only, the list of ADR bodies recognised by the Member States remains available on the European Commission’s “Consumer Redress in the EU” portal (consumer-redress.ec.europa.eu). In any case, Ilcar may always be contacted by e-mail at ecommerce@casabugatti.it.
ARTICLE 17 – VALIDITY OF THE GENERAL SALE CONDITIONS
17.1 These General Sale Conditions are in force from 27th July 2026. Ilcar may amend them at any time. Any changes and/or new conditions will take effect from the time of their publication on the Website. For this reason, the user is invited to access the Website regularly and to consult, before making any purchase, the most up-to-date version of the General Sale Conditions. The General Sale Conditions applicable to the user are those in force on the date the purchase order is transmitted.
17.2 Where the user is a professional, as defined in article 1, paragraph 2, letters d) and e), of these General Sale Conditions, the provisions of the Consumer Code (Legislative Decree no. 206/2005) referred to in the preceding articles of these General Sale Conditions will not apply. Instead, the provisions of the Italian Civil Code and of Legislative Decree no. 70/2003 will apply.