ARTICLE 1 - DEFINITIONS, OBJECT AND APPLICABLE LAW

1.1 Definitions

In these general conditions of sale (hereinafter also "GSC"): Keepbu Espana SL, With registered office in Avenida de Espana 7 - C.c. Prisma San Bartolome De Tirajana - 35290 Las Palmas - ESB16820938. "Customer" means any person, even if they have completed the registration procedure and created an account, who purchases and/or intends to purchase one or more products and/or services through the Site, regardless of the consumer ("Consumer Customer") or professional ("Professional Client"), as defined by Legislative Decree no. 206/2005. Business day(s): means any day of the week excluding Sundays and other nationally recognized holidays. "Site" means the website eu.keepbu.com "KeepBu" means Keepbu Espana SL With registered office in Avenida de Espana 7 - C.c. Prisma San Bartolome De Tirajana - 35290 Las Palmas, EU tax code: ESB16820938, e-mail: info@keepbu.com. To use the services offered on the Site by KeepBu it is necessary to create an account by registering on the Site. The Customer is required to keep his account and his access password confidential, as well as to control access to his electronic devices; he is also responsible for any activity carried out with his account.

 

1.2 Applicable law

The Customer is invited to carefully read these general conditions of sale before making reservations and/or orders through the Site. By making any reservation and / or order, the Customer implicitly and fully accepts these general conditions of sale which, therefore, they are considered known and accepted by the Customer in all its agreements and provisions, none excluded. The contract for the sale of products and services concluded through the Site is governed by these general conditions of sale as well as, where applicable, by the provisions of Legislative Decree 6 December 2005 n.206 ("Consumer Code"), of the legislative decree n. 70/2003 and the provisions of the civil code, for what is not already expressly provided here. These GCS are valid for orders for products and/or services on the Site, in the version published at the time of the order. It should be noted that the offer of products and/or services on the Site is aimed exclusively at natural and/or legal persons who do not intend to sell and/or market them as part of the exercise of any commercial activity; therefore KeepBu reserves the right not to accept orders from subjects who, due to the quantity of products ordered, the frequency and continuity of the orders and the frequency of the same or other elements that will be evaluated from time to time, are intended to sell them and/or market them to third parties in the context of their commercial activities.

 

1.3 Online sales contract - applicable legislation

The contract by which the Customer chooses to order, purchase and pay through the Site one or more of the products and/or services on the Site that the Customer chooses to receive directly at his home is concluded online. In this contract KeepBu acts as a sales party. These general conditions of sale apply to the online sales contract.

1.4 Admission/expulsion

The company reserves the right to admit and / or expel members from the circuit in the event that behavior is found that is not suitable for company policy, which is harmful or defamatory.

 

ARTICLE 2 - INVITATION TO OFFER AND PROPOSAL TO PURCHASE; CONCLUSION OF THE CONTRACT; STATUS OF THE ORDER

2.1 Offer of products and services on the site

The presentation of products and services that can be purchased through the site constitutes an invitation to offer and the order sent by the customer through the website is valid as a contractual purchase proposal (of below: "Order"), upon confirmation or acceptance by KeepBu as described below. The characteristics of the products and services offered on the Site are described in the specific technical information sheets published on the Site at the time of the Order. KeepBu indicates that the techniques may sometimes contain errors as provided in the following paragraph 3.3. The Customer is invited to read these cards deemed accepted in case of issuance of the Order, paying particular attention to the availability of the product of interest and its characteristics, evaluating its relevance and essentiality for the choice of the Product and the Order In fact, some products may not be always or immediately available, although present on the Site, and some products may be available in different colors or with different characteristics. For this reason, - "available": means that the product is physically present in KeepBu's central warehouse , except in cases where, due to exceptional and unforeseeable events, the product is unsaleable because it is missing or damaged at the time of collection and there are no other identical products that can be delivered. The Customer can then proceed immediately with the purchase of the product, sending the Order, according to the methods indicated on the Site. - "it can be ordered after checking availability": this means that the product is not physically present in the central warehouse, but KeepBu reserves the right to check availability. In the latter case, the Customer can still send the order, but the same will be accepted only in the event of a positive outcome of the product availability check, as better anticipated below. KeepBu undertakes to carry out this verification within 3 (three) working days from receipt of the Order with the following effects.

 

2.2 Confirmation of receipt of the Order and its acceptance

KeepBu will immediately confirm receipt of the Order with an e-mail containing the identification number assigned to the Order. This confirmation will not be considered as acceptance of the Order, but as a mere confirmation of acceptance of the same, except as follows. In the case of an "available" product (as specified in art. 2.1), the customer's order will be considered automatically accepted by KeepBu once the order confirmation email is sent to the customer; therefore, it will also be valid as acceptance of the Customer's purchase proposal referred to in the Order with the consequent conclusion of the sales contract. After the aforementioned confirmation e-mail, KeepBu will proceed with the shipment of the product purchased by the Customer in the times and in the manner summarized in the Order acceptance e-mail and on the basis of what is indicated in these GCS. In the case of products "orderable after checking availability" (as specified in article 2.1), in the 3 working days following receipt of the order, KeepBu will send the Customer a second e-mail (different and subsequent to the confirmation of receipt of the order) communicating the outcome of the verification of availability of the object produced by the order. In the event that the Order refers to "available" and "orderable" products (hereinafter "Mixed Order"), the entire Mixed Order will be treated as an Order for products that can be ordered after checking availability. Therefore, no contract can be considered concluded with the Customer even with reference to the "available" products as long as the entire Order is not accepted by KeepBu.

 

ARTICLE 3 - METHOD OF SALE, PRICES AND CHARACTERISTICS OF THE PRODUCTS

3.1 Prices and waiting times

The supplier offers its customers products at a lower price than the "full price", recognizing a discount percentage, calculated on waiting days, before the shipment. The expected waiting times are 90 days. For all non-card-type products, if delivery does not take place within 90 days, the full amount paid will be refunded with the addition of a 15% penalty, directly to the user account on the keepbu.com website. Users who decide to divest a card before 90 days have elapsed, a penalty equal to 3% of the total will be applied.

 

3.2 Virtual currency, BuPoints

The price of the products is indicated in the virtual currency called BuPoints , the conversion value of which is € 1.00 = BuPoints 1. To make a purchase, the customer must first purchase a sufficient number of BuPoints to cover the price total of the product of interest. The BuPoint purchased are stored in a digital wallet. The customer can log in with the login credentials set when registering on the site. In the user area, the customer can monitor at any time how many days remain until the end of the waiting period before shipping.

 

3.3 Affiliation

Membership is mandatory and subject to the purchase of the VIP 2000 or MAX 1500 package.

 

3.4 BuPoint conversion

The company does not undertake to convert BuPoint into euros or other currencies.

 

ARTICLE 4 - PAYMENT

4.1 Accepted payment methods

KeepBu accepts payments exclusively through the BuPoint virtual currency. The BuPoints can be obtained through the procedure of purchase/conversion from EUR (€) to BuPoint, with a conversion rate of € 1.00 = BuPoint 1, no commission charges. Or through the affiliate system.

 

4.2 Payment security

In the case of payments made online, the data provided by the Customer are transmitted in such a way as to prevent others from reading them. The site uses the SSL ( Secure Socket Layer ) protocol , to encrypt data sent over the Internet and VerifiedByVISA and SecureCard for security in transactions. To have a secure connection, we recommend using a browser such as Internet Explorer (5.x and higher), Netscape Navigator (4.x and higher), Mozilla Firefox (1.x and higher), Opera, Safari or Chrome. To find out if you are on a secure connection, check that the page address contains the prefix "https" instead of "http" and that the padlock image visible in the bottom bar of the browser shows a closed padlock. The Customer acknowledges and accepts what is indicated regarding the security of payment methods, exempting KeepBu from any liability deriving from problems that have occurred despite the adoption of the security measures mentioned above.

 

ARTICLE 5 - DELIVERY OF PRODUCTS PURCHASED THROUGH THE SITE AND ADDITIONAL SERVICES

5.1 Place of delivery

KeepBu will deliver the goods (product and/or service) purchased to the address indicated by the Customer at the time of placing the Order. KeepBu is not responsible for non-delivery of the purchased product and/or service caused by errors by the Customer in indicating the address (for example: lack of house number, unknown address, wrong address, etc.).

 

5.2 Delivery times

Delivery times depend on the type of shipment chosen at the time of purchase. 

 

5.3 Verification of the products by the Customer

Upon receipt of the purchased product, the Customer is required to check whether: (i) the number of packages delivered corresponds to that indicated on the transport document; (ii) if the packaging is externally intact. The acceptance of the delivery of the products without the Customer having entered a reservation or a dispute in the transport document is equivalent to the recognition of the conformity of the delivery to the Order in terms of quantity, type and packaging. The additional guarantees provided by law in relation to the products delivered remain guaranteed.

 

5.4 Invoicing

Sales of goods online to consumers (without VAT number) are not subject to the obligation to issue an invoice pursuant to article 22 of Presidential Decree no. 633/72 nor the obligation of tax certification (by tax receipt or tax receipt) pursuant to article 2, lett. oo ), of the DPR 21 December 1996 n. 696 nor the obligation of electronic archiving and electronic transmission of the data of the daily rates pursuant to article 1, paragraph 1, lett. a) of the ministerial decree of 10 May 2019.

 

ARTICLE 6 - WARRANTY

The warranty system for the products sold by KeepBu is sent back to the respective manufacturers.

 

ARTICLE 7 - AMENDMENTS

At any time and in its sole discretion, KeepBu reserves the right to make changes/additions/ updates to the Site on content, programs or other materials contained or available within it (including these GCS). Any modification/integration/ update has no effect with reference to the Orders correctly sent by the Customer before making changes or updates. Any modification of the rules of the Consumer Code that will be binding will be automatically applied to contracts concluded with the consumer Customer, without prejudice, to the maximum extent possible, to the provisions of these GTCs already approved by the Customer with the Order.

 

ARTICLE 8 - COMMUNICATIONS, CONTACTS AND COMPLAINTS

8.1

For any request, communication or complaint relating to reservations or orders, to these GSCs or, in general, to any contract concluded with KeepBu through the Site, you can contact the Company at info@keepbu.com.

 

8.2

If the user registered on the network wishes to reconvert the BuPoints in his possession, and resell them to the Company that owns the site in exchange for the corresponding sum in money, he can send the request to customercare@keepbu.com.

 

ARTICLE 9 - ADR, JURISDICTION AND JURISDICTION FOR DISPUTES WITH THE CONSUMER CUSTOMER

Disputes with the Consumer Customer relating to the validity, effectiveness, interpretation or execution of the contract and, in general, relating to navigation on the Site by the Customer or use of any functionality made available to you on the Site, may be subject to an attempt at conciliation to be made through the European platform for "Online Dispute Resolution" (the so-called ODR) available on https://ec.europa.eu consumers ODR. Through the ODR platform, the Customer can send a complaint relating to the contract concluded online with KeepBu by activating the online dispute resolution procedure.