Terms and conditions of use

Terms and conditions of use

GENERAL ONLINE SALES CONDITIONS

 

General provisions

 

These conditions are valid exclusively between the company BARBARELLA S.R.L. Unipersonale, with registered office in CORSO UMBERTO 21-23 -70056 MOLFETTA (BA) ITALY, REA 567999, VAT IT07586280724, hereinafter referred to as '' BARBARELLASHOP '' and any person who makes online purchases on the website www.Barbarellashop.it hereinafter referred to as '' CLIENT ''. These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force

 

These conditions govern the purchases made on the website www.barbarellashop.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by the Legislative Decree. 70/2003 on electronic commerce.

 

ARTICLE 1 - Object of the contract

 

With the present general conditions of sale, BARBARELLASHOP sells and the CUSTOMER remotely acquires the tangible movable goods indicated and offered for sale on the website www.Barbarellashop.it. The contract is concluded exclusively through the Internet, through the access of the CLIENT to the address www.Barbarellashop.it and the realization of a purchase order according to the procedure provided by the site itself.

 

The customer undertakes to examine, before proceeding with the confirmation of their order, these general conditions of sale, in particular the pre-contractual information provided by BARBARELLASHOP and to accept them by placing a flag in the box indicated.

 

In the e-mail confirming the order, the CLIENT will also receive a link to download and store a copy of these general conditions of sale, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.

ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005

 

Before the conclusion of the purchase contract, the CUSTOMER takes note of the characteristics of the goods that are illustrated in the individual product data sheets at the time of the choice by the CLIENT.

 

Before the validation of the order with "payment obligation", the CUSTOMER is informed about:

- total price of goods including taxes, with details of shipping costs and any other costs;

- terms of payment;

- the deadline by which BARBARELLASHOP undertakes to deliver the goods;

- conditions, terms and procedures for exercising the right of withdrawal (article 6 of the present conditions) as well as a withdrawal form as per Annex I, part B of Legislative Decree 21/2014;

- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;

- existence of the legal guarantee of conformity for the purchased goods;

- after-sales assistance conditions and commercial guarantees provided by BARBARELLASHOP.

 

The CLIENT can at any time and in any case before the conclusion of the contract, be aware of the information relating to BARBARELLASHOP, the geographical address, telephone and fax number, e-mail address, information that is reported, also below:

 

BARBARELLA S.R.L. Unipersonale

registered office CORSO UMBERTO 21/23 - 70056 - MOLFETTA (BA)

tel. +39 0803975667 -

barbarellacalzature@libero.it

ARTICLE 3 - Conclusion and effectiveness of the contract

 

The sales contract is considered concluded with the sending by BARBARELLASHOP to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.

 

The CUSTOMER undertakes to verify the correctness of the personal data contained in the aforementioned email and to promptly notify BARBARELLASHOP of any corrections / changes to be made.

 

BARBARELLASHOP undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product shown on the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.Barbarellashop.it do not constitute a contractual element, as they are considered only representative.

 

BARBARELLASHOP undertakes to deliver the goods within 30 days from BARBARELLASHOP sending the order confirmation e-mail to the CUSTOMER.

 

ARTICLE 4 - Availability of products

 

The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:

 

- the products could be sold to high CUSTOMERS before confirming the order, due to the simultaneous presence on the site of more users,

 

- an IT anomaly could occur such as to make available to the purchase a product that in reality is not.

 

Even after sending the order confirmation e-mail sent by BARBARELLASHOP, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the product or products not available and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of repayment of the sums eventually paid.

ARTICLE 5 - Methods of payment

 

Each payment by the CUSTOMER can be done only by means of the credit cards indicated on the website www.Barbarellashop.it, with cash on delivery or with the Paypal payment method.

 

In case of payment with Paypal, the actual charge will be made at the time BARBARELLASHOP sends the order confirmation e-mail.

 

The communications relating to the payment and the data communicated by the CUSTOMER when this is done, take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.

 

ARTICLE 6 - Prices

 

All sales prices of the products indicated on the website www.Barbarellashop.it are expressed in Euro and include VAT, and where applicable, the Raee contribution.

 

Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made.

 

The CUSTOMER accepts BARBARELLASHOP's right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time of order creation and indicated in the confirmation email sent by BARBARELLASHOP to the CUSTOMER.

 

In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by BARBARELLASHOP, of the public sale price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be reimbursed within 14 days. from the day of cancellation.

ARTICLE 7 - Right of withdrawal

 

In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.

 

The CLIENT who intends to exercise the right of withdrawal must notify DECATHLON through an explicit declaration, which can be sent by following email: BARBARELLACALZATURE@LIBERO.IT

 

The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as per Annex I, part B, D.Lgs 21/2014 (not mandatory) whose text is shown below:

 

 

 

BARBARELLA S.R.L. Unipersonale

registered office CORSO UMBERTO 21/23 - 70056 - MOLFETTA (BA)

tel. +39 0803975667 -

barbarellacalzature@libero.it

 

 

 

Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)

(fill in and return this form only if you wish to cancel the contract)

 

 

Herewith I / we (*) notify / notify (*) the withdrawal from my / our (*) contract of sale of the following goods / services (*)

 

- Ordered (*) / received on (*)

 

- Name of the consumer (s)

 

- Address of the consumer (s)

 

- Signature of the consumer (s) (only if this form is sent in hard copy)

 

- Date

 

(*) Delete the unused wording.

 

 

 

In case of exercise of the right of withdrawal, the CLIENT is required to return the goods within 14 days from the day on which he communicated to BARBARELLASHOP his wish to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.

 

The goods must be returned to BARBARELLA s.r.l., at CORSO UMBERTO 21-23 70056 MOLFETTA (BA) -ITALIA-

 

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, BARBARELLASHOP will refund the amount of products subject to withdrawal within a maximum period of 14 days.

 

In the case in which the customer intends to use this return service, can use a carrier or another means of delivery, all costs will be borne by him (Article 56 paragraph 2 of Legislative Decree 206/2005).

 

As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, BARBARELLASHOP may suspend the reimbursement until receipt of goods or until the successful demonstration by the CLIENT that he has returned the goods to BARBARELLASHOP.

 

BARBARELLASHOP will reimburse using the same payment method chosen by the CUSTOMER at the time of purchase.

ARTICLE 8 - Legal guarantee of conformity

 

In case of receipt of defective products or in any case not in compliance with the orders placed, the CLIENT has the right to the restoration without expenses of the product conformity by repair or replacement of the product.

 

BARBARELLASHOP, in case of defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.

 

ARTICLE 9 - Commercial guarantee

 

All products presented on the site www.Barbarellashop.it benefit, as well as the legal guarantee of conformity referred to in the previous article, a commercial guarantee.

 

To use the warranty, the CUSTOMER must keep the invoice that he can print by accessing the section of his site.

 

ARTICLE 10 - Delivery methods

 

BARBARELLASHOP will accept only orders to be delivered in the Italian territory and in the Republic of San Marino. BARBARELLASHOP will also carry out the delivery in the Extra-Italy territories under the same conditions explained here with shipping and return costs as per the "delivery and shipping" page

 

The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order no later than 30 days. from the date of receipt by the CLIENT of the order confirmation e-mail sent by BARBARELLASHOP.

 

For every order placed on the website www.Barbarellashop.it, BARBARELLASHOP will issue an invoice for the goods shipped. The invoice is available and printable, after the order has been completed, in the "historical and order details" section of the "My account" space of the CUSTOMER. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.

 

 

 

 

ARTICLE 11 - Responsibility

 

BARBARELLASHOP assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are due to malfunctions and disruptions of the Internet, if it fails to execute the order within the time specified in the contract.

 

ARTICLE 12 - Access to the site

 

The CLIENT has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of BARBARELLASHOP and are protected by the intellectual property right.

 

ARTICLE 13 - Cookies

 

The website www.Barbarellashop.it uses "cookies". Cookies are electronic files that record information relating to the navigation of the CUSTOMER in the site (pages consulted, date and time of consultation, etc. ..) and that allow BARBARELLASHOP to offer a personalized service to its customers.

 

BARBARELLASHOP informs the Customer of the possibility to disable the creation of these files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.

ARTICLE 14 - Integrality

 

These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

 

ARTICLE 15 - Applicable law and competent court

 

These General Conditions of Sale are subject to Italian law.

 

Any dispute that does not find a friendly solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.

 

In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https: // webgate.ec.europa.eu/odr.

 

General sales conditions updated October 4, 201