login here ↑
The goods and services offered on this website are sold by SmartBugs s.s., with registered office in Via Cave 66, 31020 Villorba (TV), Italy, VAT No. IT04659080263, registered with the Treviso Chamber of Commerce, R.E.A. No. TV-38727, hereinafter referred to as “SmartBugs”, “SB”, the “Seller” or “we”.
Website: https://butterflies4events.com
Customer service email: info@butterflies4events.com
Certified email address: smartbugs@pec.it
These General Terms and Conditions of Sale apply to purchases made through https://butterflies4events.com and/or through any other electronic communication channels used by the Seller.
The language used for the conclusion of the contract is English. Customer service is available in English; other languages may be available at the Seller’s discretion.
1.1 “Distance contract” or “e-commerce contract” means a contract for the sale of goods and/or services concluded between the Seller and a Customer within an organised distance sales system, without the simultaneous physical presence of the parties, using exclusively one or more means of electronic or distance communication.
1.2 “Customer” or “Buyer” means the person or entity placing an order through the Website.
1.3 “Consumer” means any natural person who places an order for purposes unrelated to any business, commercial, craft or professional activity.
1.4 “Business Customer” or “Professional Customer” means any natural or legal person who places an order for purposes related to a business, commercial, craft or professional activity. A Customer who provides a VAT number and/or requests an invoice shall be considered a Business Customer, with the consequent limitations of the legal guarantees applicable under the law.
1.5 “Seller” means SmartBugs s.s., as identified above.
1.6 “Products” means the goods and/or services offered on the Website, including, by way of example, live butterflies, chrysalises, butterfly release packages, cloud release packages, personal release packages, packaging materials, ceremony boxes and any other related product or service made available by the Seller.
1.7 “Live Products” means butterflies, chrysalises and any other living organisms supplied by the Seller. Due to their biological nature, Live Products are perishable goods and require specific handling, storage and timing conditions.
2.1 The presentation of Products and services on the Website constitutes an invitation to make an offer and not a binding offer by the Seller.
2.2 To view prices and place an order, the Customer may be required to create or access a personal account on the Website.
2.3 Account creation may be carried out using the available registration methods on the Website, including third-party login systems where available, or by providing an email address and password. The Customer may be required to validate the account by following the instructions received by email.
2.4 Product prices are expressed in Euros and include VAT where applicable, unless otherwise stated. Shipping costs, packaging costs, taxes and any additional charges will be displayed before order confirmation where applicable.
2.5 The final price may vary depending on the selected Product, quantity, destination country, delivery method, packaging requirements, event date and any specific requests made by the Customer.
2.6 The Seller reserves the right to modify Product prices, services and availability at any time. However, the price indicated at the time of order confirmation shall not be changed for that same order, unless the Customer subsequently requests changes to the order.
2.7 The availability of Live Products depends on biological cycles, seasonality, weather conditions, animal welfare requirements and logistical feasibility. For this reason, all orders involving Live Products are subject to confirmation by the Seller.
3.1 To place an order, the Customer must access the Website, select the Products, add them to the cart, proceed to checkout, complete the electronic order form and follow the instructions provided.
3.2 The Customer is responsible for providing complete, accurate and up-to-date information, including personal details, billing details, delivery address, event date, event location, telephone number, email address and any other information required for the correct processing of the order.
3.3 If the Customer wishes to receive an invoice, they must request it during the order process and provide all information required for invoicing, including VAT number, tax code or any other relevant billing information.
3.4 After placing the order, the Customer will receive an order summary email containing the order details, such as selected Products, quantities, prices, payment method, delivery costs, order date and a link to these General Terms and Conditions of Sale.
3.5 The order summary email does not constitute acceptance of the order by the Seller. The order placed by the Customer constitutes a contractual purchase proposal addressed to the Seller.
3.6 After receiving the order, the Seller will verify Product availability, biological feasibility, delivery feasibility and compatibility with the event date provided by the Customer. The Seller may contact the Customer by email or telephone to verify or complete the information provided.
3.7 The contract shall be considered concluded only when the Seller confirms acceptance of the order in writing, by email or another durable medium, after verifying the availability of the Products and the feasibility of the delivery.
3.8 If one or more Products are unavailable, the Seller will inform the Customer as soon as possible by email. The Customer may choose whether to proceed with the available Products, modify the order or cancel the order. If the order is cancelled, any amount already paid for unavailable Products will be refunded using the same payment method used for the purchase, unless otherwise agreed.
4.1 The Customer may pay using one of the payment methods made available on the Website, including credit card through Stripe, PayPal, bank transfer or any other payment method indicated during checkout.
4.2 The use of the payment methods indicated does not involve any additional charge imposed by the Seller. Any bank fees, currency conversion fees or costs charged by the Customer’s own bank or payment provider remain the responsibility of the Customer.
4.3 For orders related to events, the total amount may be divided into two payments:
4.4 The amount of the deposit and the due date for the balance are indicated during the order process or in the written communication sent by the Seller. Unless otherwise specified, the balance must be paid within the deadline indicated by the Seller. If the order is placed close to the event date, full payment may be required immediately.
4.5 In the event of non-performance by the Customer before payment of the balance, the Seller may retain the amount paid as a confirmatory deposit, without prejudice to any further rights provided by applicable law.
4.6 In the event of non-performance attributable to the Seller, such as confirmed unavailability of the Product, failure to deliver for reasons attributable to the Seller or confirmed lack of conformity, the Seller shall refund the amounts paid by the Customer in accordance with these Terms and applicable law.
4.7 If the Customer pays by credit card, the payment is processed through the secure platform of the relevant payment service provider. The Seller does not have access to the Customer’s full card details.
4.8 Once payment has been received, the Seller may send the Customer a payment confirmation by email.
5.1 Consumers have, in principle, the right to withdraw from a distance contract within 14 days, without giving any reason, in accordance with applicable consumer protection law.
5.2 For goods, the withdrawal period expires 14 days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, physically receives the goods.
5.3 To exercise the right of withdrawal, the Consumer must inform the Seller of the decision to withdraw from the contract by means of an explicit statement sent to:
SmartBugs s.s.
Via Cave 66
31020 Villorba (TV)
Italy
Email: info@butterflies4events.com
PEC: smartbugs@pec.it
5.4 The Consumer may use the withdrawal form provided below, but this is not mandatory.
5.5 If the right of withdrawal is validly exercised, the Seller shall refund the payments received from the Consumer, including standard delivery costs where applicable, without undue delay and in any event within 14 days from the day on which the Seller is informed of the Consumer’s decision to withdraw.
5.6 The Seller may withhold the refund until the returned goods have been received or until the Consumer has provided evidence of having sent back the goods, whichever occurs first.
5.7 The refund will be made using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed. The Consumer shall not incur any fees as a result of such refund, except for any costs charged by their own bank or payment provider.
5.8 The Consumer is responsible for the direct cost of returning the goods, unless otherwise stated by the Seller.
5.9 The goods must be returned intact, unused, complete, in their original packaging and in a condition suitable for resale. The Consumer is liable for any decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.1 The right of withdrawal is excluded in the cases provided for by applicable law, including but not limited to:
6.2 The Customer is expressly informed and accepts that Live Products, including butterflies and chrysalises supplied for cloud releases, personal releases or other ceremony packages, are perishable goods whose characteristics, vitality and quality may change rapidly due to their biological nature and may also be affected by improper storage, handling, temperature, transport conditions or timing.
6.3 Therefore, the right of withdrawal does not apply to Live Products such as butterflies and chrysalises, nor to personalised ceremony boxes, personalised packaging or other Products made according to the Customer’s specifications.
6.4 No refund shall be granted for Live Products where the issue is caused by incorrect storage, delayed collection, failure to follow the Seller’s instructions, unsuitable temperature, failure to be available at delivery, improper handling or any other cause attributable to the Customer or to third parties after delivery.
7.1 Products will be delivered to the address provided by the Customer and confirmed by the Seller, or collected directly by the Customer at the Seller’s operational premises where this option is available and agreed in advance.
7.2 The Seller’s operational premises are located at:
SmartBugs s.s.
Strada di Ponzano 5
31050 Ponzano Veneto (TV)
Italy
7.3 Delivery is available only to the countries, territories and areas made available on the Website or confirmed by the Seller. Delivery to islands, remote areas or destinations where safe and timely transport of Live Products cannot be guaranteed may be unavailable or subject to specific conditions.
7.4 Delivery dates for Live Products are planned according to the event date, animal welfare requirements, courier availability, destination country and estimated transit time. The Seller may recommend or require a specific delivery date or delivery method to reduce the risk associated with transporting live animals.
7.5 The Customer must provide a complete and accurate delivery address, including name of recipient, telephone number, email address and any useful delivery instructions. The Customer is responsible for ensuring that the address is reachable, correct and supervised at the time of delivery.
7.6 For Live Products, the Customer must be available to receive the parcel on the agreed delivery date. If the Customer is unavailable, refuses delivery, provides an incorrect address or fails to collect the parcel within the required time, the Seller shall not be liable for deterioration, death, loss or damage to the Live Products.
7.7 Once the parcel has been shipped, the Seller may provide tracking information by email. The Customer must monitor the shipment and immediately inform the Seller of any anomaly, delay or delivery problem.
7.8 If the parcel is not delivered by the agreed or expected delivery date, the Customer must contact the Seller immediately. Reports of non-delivery or delivery issues must be sent no later than 24 hours after the expected delivery date.
7.9 Depending on the destination country and courier availability, the Seller may recommend delivery to a courier collection point, depot, business address, hotel, venue or other supervised location, where this is more suitable for the safe delivery of Live Products.
7.10 Shipping costs, special packaging costs and any additional delivery charges vary depending on the destination country, delivery method, courier availability, Product type, quantity and any special handling requirements related to Live Products.
7.11 All applicable shipping costs, packaging costs and additional delivery charges will be clearly indicated to the Customer during the checkout process, before the order is confirmed and before any payment obligation arises.
7.12 Where, due to the specific nature of the order or destination, delivery costs cannot reasonably be calculated automatically in advance, the Seller will inform the Customer of the applicable delivery costs before confirming the order. In such cases, the contract will be concluded only after the Customer has accepted the final total price, including delivery and packaging costs.
7.13 Shipping costs, packaging costs and delivery charges are not included in the Product price unless expressly stated.
8.1 Live Products are prepared and packaged with specific care to reduce transport stress and preserve their condition during transit.
8.2 Depending on the Product and destination, butterflies and chrysalises may be placed inside ceremony packaging and then inside insulated packaging with temperature-stabilising materials and external protective packaging.
8.3 The packaging is designed to protect the Live Products for the expected transport time. However, the Customer acknowledges that Live Products are living organisms and that transport always involves a biological risk that cannot be completely eliminated.
8.4 The Customer must follow all storage, handling and release instructions provided by the Seller. Failure to follow these instructions may compromise the condition of the Live Products and excludes the Seller’s liability for any resulting deterioration, death or unsuitability for release.
8.5 The Customer must not expose Live Products to excessive heat, cold, direct sunlight, unsuitable humidity, smoke, chemicals or any other condition that may harm them.
9.1 Delivery of the Products to the Customer, or to a person designated by the Customer, transfers the risk of loss, deterioration or damage to the Customer, without prejudice to mandatory consumer protection rules.
9.2 The Seller shall not be liable for delays, non-performance or delivery failures caused by events beyond its reasonable control, including but not limited to force majeure, extreme weather, strikes, transport disruptions, courier delays, customs or border controls where applicable, public authority restrictions, biological events, epidemics, animal health restrictions or any other circumstance not attributable to the Seller.
9.3 The Seller shall not be liable for disruptions, errors or malfunctions connected to the use of the internet or third-party platforms, except in cases of wilful misconduct or gross negligence.
9.4 The Seller shall not be liable for deterioration, damage or death of Live Products after delivery where such deterioration, damage or death is caused by improper storage, incorrect handling, delayed collection, failure to follow instructions, unsuitable environmental conditions, event organisation issues or any other circumstance attributable to the Customer or third parties.
9.5 The Seller shall not be liable for failure to deliver the Products where the Customer is unavailable at the agreed address and time, provides incorrect or incomplete delivery information, refuses the parcel or fails to collect it from the courier depot or collection point.
9.6 The Seller shall not be liable for any indirect, incidental or consequential loss, including but not limited to loss of profit, loss of business, reputational damage, emotional distress, event disruption or costs incurred for third-party services, except where such limitation is not permitted by mandatory applicable law.
9.7 In any case, where the Seller is liable for failure to perform the contract for reasons attributable to the Seller, the Customer shall be entitled to the remedies provided by applicable law and, where applicable, to the refund of the amounts paid for the affected Products.
9.8 The Seller shall not be liable for fraudulent or unlawful use by third parties of credit cards, payment cards or other payment methods, provided that the Seller has adopted the security measures reasonably required for the payment systems used.
10.1 The Seller is liable for any lack of conformity existing at the time of delivery, in accordance with applicable consumer protection law.
10.2 For Products that are by nature perishable or subject to rapid deterioration, including butterflies and chrysalises, any defect, non-conformity, damage, death or deterioration must be reported to the Seller within 12 hours of delivery.
10.3 The report must be sent by email to info@butterflies4events.com and must include the order number, a clear description of the issue, photos and/or videos of the Product and packaging, and any other information useful for assessing the claim.
10.4 If the Customer notices any problem upon delivery, such as damaged packaging, missing Products, visibly deteriorated Products or signs of mishandling, the Customer must, where possible, sign the courier delivery receipt with reservation and immediately contact the Seller.
10.5 Reports made after the deadlines indicated above may not be accepted, especially for Live Products, due to their perishable nature and the impossibility of verifying whether the issue existed at the time of delivery.
10.6 After receiving the report, the Seller will assess the information provided and may request further evidence. Any authorisation to return Products shall not constitute recognition of the alleged defect or lack of conformity, which must be assessed after inspection where applicable.
10.7 Where the Seller confirms a lack of conformity attributable to the Seller, the Customer may be entitled to the remedies provided by applicable law, including replacement, refund or price reduction, where applicable and depending on the nature of the Product.
10.8 Business Customers may benefit only from the warranties and remedies provided under the applicable provisions of the Italian Civil Code, unless otherwise mandatory under applicable law.
11.1 The Customer undertakes to pay the price of the Products within the times and according to the methods indicated during the order process or communicated by the Seller.
11.2 The Customer undertakes to provide accurate, complete and truthful information during registration, ordering, payment and delivery.
11.3 The Customer undertakes to provide a valid and complete delivery address and to ensure availability at the time of delivery.
11.4 The Customer undertakes to carefully read and follow all instructions provided by the Seller regarding storage, handling, timing and release of Live Products.
11.5 The Customer undertakes to use the Products responsibly and in compliance with applicable laws, local rules, environmental requirements, animal welfare principles and any instructions provided by the Seller.
11.6 The Customer is responsible for checking whether the release or use of butterflies or other Live Products is permitted in the location and context of the event, especially where local restrictions, venue rules, protected areas or environmental regulations may apply.
11.7 The Customer acknowledges that the success of a butterfly release may depend on natural factors, including weather, temperature, light, wind, season, timing, handling and the biological condition of the animals.
12.1 The obligations assumed by the Customer under these Terms, including payment obligations, provision of correct information, availability for delivery and compliance with handling instructions, are essential obligations.
12.2 Failure to comply with one or more essential obligations may result in termination of the contract by operation of law, without prejudice to the Seller’s right to retain the deposit where applicable and to claim further damages where permitted by law.
12.3 The Seller may cancel or refuse an order where, in its reasonable assessment, delivery or supply of the Live Products is not feasible, would compromise animal welfare, would not be compatible with the event date, or would involve excessive logistical or biological risk.
13.1 Personal data provided by the Customer or acquired by the Seller in the context of the contractual relationship will be processed in accordance with Regulation (EU) 2016/679, the General Data Protection Regulation (“GDPR”), and applicable data protection laws.
13.2 The Data Controller is SmartBugs s.s., with registered office in Via Cave 66, 31020 Villorba (TV), Italy, VAT No. IT04659080263.
13.3 The Seller may process personal identification and contact data, billing data, payment references, order details, delivery information, communication records and any other data necessary for the following purposes:
13.4 The legal bases for processing are the performance of a contract or pre-contractual measures requested by the Customer, compliance with legal obligations, the legitimate interest of the Data Controller and, where required, the Customer’s consent.
13.5 Providing data for contractual purposes is optional but necessary. Failure to provide the required data may make it impossible to create an account, place an order, process payment, issue invoices, arrange delivery or provide customer support.
13.6 Providing data for marketing purposes is optional. The Customer may refuse or withdraw consent at any time.
13.7 Personal data may be processed by authorised personnel of the Seller and by third-party service providers, including payment providers, banks, couriers, logistics partners, IT providers, hosting providers, email service platforms, accountants, legal consultants and public authorities where required by law.
13.8 Personal data will not be publicly disclosed. Where service providers transfer personal data outside the European Economic Area, such transfers will take place in accordance with the safeguards required by the GDPR.
13.9 Personal data processed for contractual, accounting, tax and legal purposes will be retained for the period required by applicable law. Personal data processed for marketing purposes will be retained until consent is withdrawn or erasure is requested, unless further retention is permitted or required by law.
13.10 The Customer has the rights provided by the GDPR, including the right of access, rectification, erasure, restriction of processing, data portability, objection, withdrawal of consent and the right to lodge a complaint with the competent supervisory authority.
13.11 The Customer may exercise their rights by contacting the Seller at info@butterflies4events.com or by writing to SmartBugs s.s., Via Cave 66, 31020 Villorba (TV), Italy.
14.1 The Customer may print or save a copy of these General Terms and Conditions of Sale on their own device.
14.2 The Seller informs the Customer that each order is stored digitally by the Seller and/or by the Seller’s service providers in accordance with confidentiality and security criteria.
15.1 Written communications and complaints addressed to the Seller must be sent to:
Email: info@butterflies4events.com
PEC: smartbugs@pec.it
Postal address: SmartBugs s.s., Via Cave 66, 31020 Villorba (TV), Italy
15.2 The Customer must indicate in the registration form and/or order form the email address, telephone number and postal address to which they wishes to receive communications from the Seller.
15.3 The Seller will use the contact details provided by the Customer for all communications relating to the order, including order confirmation, payment reminders, delivery information, shipping tracking, requests for additional details and customer support.
16.1 The Seller encourages Customers to contact customer service first in order to resolve any issue amicably.
16.2 Any disputes arising out of or in connection with these Terms may be submitted to an attempt at amicable settlement or mediation before the competent mediation body of the Treviso Chamber of Commerce, where applicable and without prejudice to mandatory consumer protection rights.
16.3 If the Customer is a Consumer, any mandatory jurisdiction rules protecting consumers shall apply.
16.4 If the Customer is a Business Customer, the exclusive place of jurisdiction shall be the Court of Treviso, Italy, unless otherwise required by mandatory applicable law.
17.1 The main contractual language of the Website is English.
17.2 Translations into other languages may be provided for convenience. In the event of inconsistency between different language versions, the English version shall prevail, unless otherwise required by mandatory consumer protection law.
18.1 These General Terms and Conditions of Sale are governed by Italian law.
18.2 If the Customer is a Consumer resident in another EU Member State, the choice of Italian law shall not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country in which the Consumer has their habitual residence, where such protection is applicable under EU private international law.
To SmartBugs s.s.
Via Cave 66
31020 Villorba (TV)
Italy
Email: info@butterflies4events.com
I hereby give notice that I withdraw from my contract of sale of the following goods/services:
Order number:
Ordered on:
Received on:
Name of Consumer:
Address of Consumer:
Email used for the order:
Date:
Signature of Consumer, only if this form is sent on paper: