Conditions of use

ABOUT US - GIFRAB ITALIA S.P.A.

BUCALO was established in Palermo in the '40s as a small family-run shirt factory. Over the years, generations have succeeded one another and the consolidated family relationship has been transformed into entrepreneurial strength. 1987 was the turning point for the brand - in this year BUCALO became a real clothing line, from shirts to the production of clothing, accessories and footwear. Today BUCALO's style embraces the needs of the contemporary man who does not renounce elegance in his various daily activities, being functional at work and comfortable during his free time. Today there are several direct stores and franchises, operating throughout Italy.

1. PARTIES

These General Conditions of Sale are signed by:

1. On the one hand, GIFRAB ITALIA S.p.A., a joint-stock company under Italian law, owner of the BUCALO trademark (hereinafter, GIFRAB) with registered office in Palermo (Italy), ZIP code 90146, Via Ugo La Malfa n. 14, registered with the Companies' Register of Palermo and Enna under no. REA PA-220745.
2. On the other hand, anyone who places an order (hereinafter, the CUSTOMER).

Orders will be placed by the CUSTOMER in the Iberian Peninsula, the Balearic Islands and the Canary Islands. These conditions are applicable exclusively to consumers, without under any circumstances allowing the resale of products purchased. The placing of an order implies the acceptance of these General Conditions of Sale by the CUSTOMER, as well as any other clause specified in the order itself.

2. SUBJECT

These General Conditions of Sale aim at defining the terms and conditions of sale between the CUSTOMER and GIFRAB, from the order submission phase to delivery and payment, as well as the after-sales service.

3. ORDER

The CUSTOMER may place their order by the following methods:

- Via the Internet, through the website www.bucalo.eu, according to the established procedure.

To place the order, the CUSTOMER must provide the personal data required by any of the above procedures, unless they are already registered as a user within Our platform. GIFRAB will inform the CUSTOMER in the shortest possible time of the unavailability of the requested product. The execution by the CUSTOMER of the order is equivalent to the full and complete acceptance of the prices, the description of the products on sale, and these General Conditions of Sale, as well as anything else specified in the order itself. GIFRAB reserves the right, at its sole discretion, to refuse an order received from a CUSTOMER with whom a dispute is underway regarding the payment of a previous order.

4. PRICES

Prices will include all taxes and fees required by law. A fixed packaging and shipping charge will be added to each order. The additional cost related to this concept will be indicated on the website in a clear and transparent way.

5. WARRANTY

GIFRAB guarantees to the CUSTOMER the quality of the purchased product, with a temporal validity, in the legally established terms, equal to a period of three (3) years from the date of delivery. The warranty does not cover defects caused by imprudence, negligence, inexperience, fraud and/or caused by improper use of the product by the Customer, as well as wear of the Product caused by normal use. In those cases that make it necessary to activate the warranty, will be chosen repair, replacement of the object or return, within the terms legally established. Said repair and/or replacement will be free of charge for the CUSTOMER. The warranty loses its effectiveness if the CUSTOMER alters or manipulates the unique identification number of the Product and/or its bar code. To take advantage of the warranty, please contact us through the contact form available in the Customer Service section. The CUSTOMER must report the conformity defect to GIFRAB within two (2) months from when they became aware of it.

6. RIGHT OF WITHDRAWAL

The CUSTOMER has the right to withdraw from this contract within a period of 14 calendar days, without need of justification. The withdrawal period expires 14 calendar days from the day on which the CUSTOMER (and/or a third party indicated by him/her) received the order and, in the case of delivery of several goods ordered by the CUSTOMER in the same order and delivered separately, from the day on which the CUSTOMER acquired material possession of the last of such goods.

To exercise the right of withdrawal, the customer may alternatively:

1) fill out the appropriate online form available at www.bucalo.eu, identifying himself with his login credentials (if a registered user) or by entering the number of his order in the appropriate Section called "Check Your Order";

2) contact Customer Service at e-commerce@gifrab.it indicating their personal details (Name, Surname, email address provided at the time of purchase), the number of the order subject to the request for withdrawal and an indication of their address for collection, with a specific indication of the products that the CUSTOMER intends to return.

The decision of the CUSTOMER to withdraw from the contract must be expressed through an unequivocal statement, to be made exclusively in the manner described above.

To comply with the withdrawal period, it is sufficient that the communication relating to the exercise by the CUSTOMER of this right is sent before the expiry of the corresponding period.

• CONSEQUENCES OF CANCELLATION

In case of cancellation by the CUSTOMER, all payments received by GIFRAB will be returned, inclusive of delivery costs (with the exception of additional costs deriving from the CUSTOMER's choice of a delivery method other than the less onerous ordinary delivery offered by GIFRAB), no later than 14 calendar days from the date on which GIFRAB was officially informed of the CUSTOMER's decision to withdraw from its contract.

For reimbursement of the relative amounts, GIFRAB will take into account the method of payment used by the CUSTOMER for the original purchase.

In any case, the CUSTOMER shall not incur any expense as a consequence of the refund.

GIFRAB is authorized to withhold the refund until it has received the goods, or until the CUSTOMER has provided irrefutable proof that the goods have been returned, whichever condition is met first.

As a matter of express company policy, GIFRAB will also bear all costs and expenses related to the return of the Product, or Products, by the CUSTOMER.

The CUSTOMER must return or deliver the goods directly to the courier appointed by GIFRAB for this purpose within and no later than 14 calendar days from the date on which they communicated their decision to withdraw from the contract. The deadline will be considered met if the CUSTOMER returns the goods before the deadline expires. The CUSTOMER expressly accepts the loss of economic value of the products they return if they have used them beyond what is necessary to test their basic characteristics.

Online Consumer Dispute Resolution:

Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that can be found at the following link: http://eceuropa.eu/consumers/odr .

7. DISPUTE RESOLUTION

These general terms and conditions are governed by Italian law, consistent with the provisions of the relevant EU legislation. We also remind you that you can access the online dispute resolution platform of the European Union by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .

8. ENTIRE AGREEMENT

These Conditions of Sale represent and constitute a direct expression of the agreement reached between the parties. In the event that one of the clauses of these conditions is void, this will not affect the rest of the conditions.

9. APPLICABLE LAW AND COMPETENT COURT

In application of the provisions of art. 3 and art. 4 of the EC Regulation no. 593/2008, the Parties expressly acknowledge and accept that these General Sales Conditions are governed by Italian law. Without prejudice to what is expressly agreed in art. 6 of the EC Regulation 593/2008, for the resolution of any doubt, discrepancy or divergence that may arise in the fulfilment and interpretation of this Contract, the Parties refer to the Court of Palermo (Italy).

10. SUBJECT

Through the Website, GIFRAB provides Customers/Users with access to and use of various services and contents, mainly public information made available to any Internet User accessing the Web www.bucalo.eu .

11. WEBSITE USE - LEGAL NOTICE AND INFORMATION

This legal and informative note (hereinafter, the "Legal Note") regulates the use and service of the website www.bucalo.eu (hereinafter, the "Website") that GIFRAB makes available to its Customers or Users on the Internet. GIFRAB ITALIA S.P.A., owner of the BUCALO Trademark, is based in Via Ugo La Malfa n. 14, 90146 Palermo (Italy). The use of the Website attributes the condition of CUSTOMER or USER and implies full and unreserved acceptance of all the provisions contained in this Legal Notice, with effect from the very moment in which the CUSTOMER or USER accesses the Website.

Therefore, the CUSTOMER or User must carefully read this Legal Notice each time they intend to use the Website, bearing in mind that this notice may be subject to change.

The use of the Website is equally subject to all notices, use regulations and instructions that GIFRAB makes known to the CUSTOMER or User, which replace, complete and/or modify this Legal Notice.

12. CONDITIONS OF ACCESS AND USE OF THE WEB

Access to the information contained in the website www.bucalo.eu is free for users.

Access to Reserved Services that may be offered by GIFRAB in the future may be subject to the payment of a price, according to the modalities determined in the relevant previously signed Contracts.

User Registration

In some cases, the provision of Services may require the prior signing of a contract between GIFRAB and the Customer/User. Therefore, once the aforementioned contract has been signed, GIFRAB will provide the CUSTOMER or User with a Code that will allow him/her to access the contracted Services.

Truthfulness of Information

The CUSTOMER, under their sole responsibility, undertakes to provide personal information that is true and corresponds to reality. To this end, the CUSTOMER or User guarantees the authenticity of all data communicated to GIFRAB. Likewise, it will be the exclusive responsibility of the CUSTOMER or User to keep all information provided to GIFRAB constantly updated so that it responds, at all times, to the real situation identifying the CUSTOMER. In any case, the CUSTOMER or User will be solely responsible for false or inaccurate statements made and for any damages caused to GIFRAB or third parties by the information provided.

Obligation to properly use the Web

The CUSTOMER/User undertakes to use the Website and the Services in accordance with the law, these General Conditions, and generally accepted morality and public order. The CUSTOMER or User agrees to refrain from:

1. using the Website and Services for illicit purposes or effects, contrary to what is established in these General Conditions, damaging the rights and interests of GIFRAB or third parties, or that in any way may damage, disable, overload or deteriorate the Website and Services or prevent the normal use or enjoyment of the Website and Services by Users.
2. reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents of the Web, unless they have the authorization of the holder of the corresponding rights or are legally permitted.
3. deleting, circumventing or manipulating the "copyright" and other data that identify the rights of GIFRAB or its owners incorporated in the Web, as well as technical protection devices, fingerprints or any information mechanism that may contain the contents.

Fraudulent use of IT tools

The CUSTOMER or User undertakes to refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, software and, in general, any type of material accessible through the Web Site, using means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated on the pages of the Web Site itself, or in general those which are customarily used on the Internet for this purpose, provided that they do not entail the risk of damaging or altering the Web Site.

13. GUIDE TO REVIEWS

When the CUSTOMER writes a review, it must adhere to the following guidelines:

Focus on the product and your personal experience using it.

Indicate why you liked or disliked a product.

All reviews submitted by the CUSTOMER are subject to the terms set forth in our Terms and Conditions of Use. We reserve the right to not publish one or more CUSTOMER reviews if it contains any of the following types of content, or if it violates other internal guidelines:

Vulgar, discriminatory or other language not appropriate for a public forum;

Advertisements, "spam" content or references to other products, offers or websites;

Email addresses, URLs, phone numbers, physical addresses or other forms of contact information;

Critical or damaging comments about other reviews posted on the page or their authors. In addition, if the CUSTOMER wishes to share feedback on product selection, pricing, ordering, delivery or other customer service issues with GIFRAB, the CUSTOMER may contact GIFRAB via the Dedicated Section.

14. SUSPENSION OF ACCESS TO THE SITE AND SERVICES

In case of non-compliance by the CUSTOMER or User with any of the obligations established in these conditions, GIFRAB reserves the full right to prohibit and/or deny and/or prevent said CUSTOMER or User from accessing the Website and its Services.

15. INTELLECTUAL AND INDUSTRIAL PROPERTY

GIFRAB Italia S.p.A. is the owner of the domain name and of the site www.bucalo.eu .

The site www.bucalo. es in its entirety, including without exception, its design, structure and distribution, texts and contents, logos, buttons, images, source code, as well as all industrial and intellectual property rights and any other distinctive sign, belong to GIFRAB, for which its use, copying, reproduction, as well as its elimination, damage, alteration and/or modification, even partial, temporary or definitive, is forbidden without the express written authorization of GIFRAB, without it being understood at any time that there is any kind of license or authorization whatsoever, total and/or partial, to any third party and/or user by GIFRAB. GIFRAB reserves the right to unilaterally redesign and vary, at any time and without prior notice, the presentation and configuration of the Web www.bucalo.eu. All industrial and intellectual property rights and any other distinctive sign, including, without any exclusion, contents, documents, texts and opinions published on the Web, as well as images, designs, graphics, drawings, buttons, logos and brands, of the different collaborators on the website www. bucalo.es, belong to their authors, therefore their use, copy, reproduction, as well as their elimination, damage, alteration and / or modification, whether partial or definitive, are prohibited without the express authorization and in writing of their authors.

16. ACCESS TO RESTRICTED AREAS

With the acceptance of these Terms of Use and, as the case may be, after signing the relevant Contract, the CUSTOMER, after providing a valid email address, can create his own personal account for the purchase of the Products, protected by a password specifically chosen and for his exclusive use. Said user profile will have a limited duration until the end of the commercial relationship in accordance with these General Conditions, the signed Contract if applicable as well as any offer previously received in any format. The USER is expressly forbidden to transfer their access credentials to third parties, for which they remain solely responsible. GFIRAB is not responsible for any loss or damage caused to the CUSTOMER/User, as a result of loss or theft of the username/password (password) and/or as a result of its use by third parties, for any reason whatsoever.

17. CONFIDENTIALITY

GIFRAB maintains professional secrecy on the data entered in the archives, an obligation that will continue even after the end of its relationship with the CUSTOMER/User. This obligation of secrecy applies to all GIFRAB personnel who may be entrusted with accessing and/or processing the data of the CUSTOMER/User.

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18. EXCLUSION OF WARRANTIES AND LIABILITY

Availability, continuity and usefulness of the Web

GIFRAB does not guarantee the availability and continuity of the functioning of the Website. Furthermore, GIFRAB cannot guarantee that Users will be able to effectively use the Website, to access the different pages that compose it or those from which the Services are provided. GIFRAB excludes, to the fullest extent provided for by law, any liability for damages of any kind that may be related to the lack of availability or continuity of operation of the Website, to any frauds that Users may suffer and attribute to the Website and/or Services and in particular, though not exclusively, to the lack of access to the different web pages from which the Services are provided.

Privacy and security in the use of the Website

Although it has adopted the relevant security measures, GIFRAB does not guarantee the confidentiality and security of the use of the Website and, in particular, does not guarantee that unauthorized third parties through illicit activities may not be aware of the class, conditions, characteristics and circumstances of the use that Customers/Users make of the Website.

GIFRAB excludes, to the fullest extent permitted by law, any liability for damages of any nature whatsoever that may be due to the knowledge that unauthorized third parties may have of the conditions, characteristics, and circumstances of use that Users make of the Website.

Exclusion of Warranties and Liability for Web Content

Although GIFRAB has adopted the relevant security measures, it cannot guarantee the absence of viruses or other elements in the Contents that may cause alterations in the Customer's computer system, caused by external interventions by third parties (both software and hardware) and/or in the documents and electronic files stored in the CUSTOMER'S computer system.

GIFRAB excludes, to the fullest extent of the law, any liability for damages of any nature that may be due to the presence of viruses or other elements in the contents of the website that may cause alterations in the computer system, electronic documents or user files.

Exclusion of warranties and liability for the use of the Website and Services by Users

GIFRAB does not guarantee that Users will use the Website and Services in accordance with this Legal Notice and, if applicable, the Contracts and other applicable documents, or that they will do so with diligence and prudence. GIFRAB does not guarantee the truthfulness, validity, completeness and/or authenticity of the data that Users provide about themselves to other Customers/Users.

GIFRAB excludes any liability for damages of any kind that may be due to the use of the website and services by Customers/Users or that may be due to the lack of truthfulness, validity, completeness and/or authenticity of the information that Customers/Users provide to other Customers/Users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the representation of the personality of a third party made by a Customer/User in any kind of communication made through the network.

19. LINKS TO OTHER WEB SITES

Links from this Site to third party Web sites are provided solely as a convenience to you. If you use such links, you will leave this Site. GIFRAB has not reviewed these third-party websites and does not control and is not responsible for them or their content or the data processing that, if any, is carried out on these websites. Accordingly, GIFRAB cannot be held responsible for such websites and/or any information, software or other products or materials included therein, or for any results that may be obtained through their use. The CUSTOMER/User shall be solely responsible for any access to any of the third party websites linked to this website. The CUSTOMER/User, therefore, should exercise extreme caution in evaluating and using the information, content and services on the linked sites.

20. ADDITIONAL INFORMATION

Minors under 14 years old need the consent of their parents or guardians, or of those legally acting on their behalf, to provide their personal data, fill in forms, request catalogs and use the GIFRAB number (Telephone service active from Monday to Friday from 9:00 am to 9:00 pm Saturday, Sunday and holidays from 9:00 am to 2:00 pm. Service reserved exclusively to people over 18 years old, offered by GIFRAB ITALIA S.P.A., with registered office in Palermo (Italy), Via Ugo La Malfa n. 14.

Version 1.0 modified on March 16, 2022, subject to continuous revisions in virtue of the legislative and regulatory evolution on the subject.