TERMS AND CONDITIONS OF SALE E – COMMERCE BARJ BUZZONI SRL
GENERAL CONDITIONS OF SALE
These General Conditions of Sale are drawn up in Italian and govern the offer and sale of products and / or services on the website www.barjbuzzoni.it (“Site”) as well as, for what is not provided herein, the provisions of the Consumption and of Legislative Decree no. 70/2003 and of the civil code.
Before proceeding make sure you have selected “Italy” in the drop-down menu dedicated to choosing the country.
For Customers who wish to place orders to and from different countries, select their name (if applicable) in the “Select your Country” drop-down list and consult the relevant conditions of sale (written in the language).
The products and / or services purchased on the Site (“Products”) are sold directly by Barj Buzzoni srl registered office in Italy, Via Oradour 6 / a – 43123 Parma, registered in the Parma Business Register under no. 0574660346 ; PI and CF 00574660346; REA Parma n. 139261 , with share capital of Euro 49,500.00 i nt .v ers .
Detailed information about the details that allow you to contact Barj Buzzoni srl quickly and to communicate directly and effectively with it, also for the purpose of requesting information, sending communications, requesting assistance or forwarding complaints are indicated in the section of the Site: Customer Service.
SCOPE OF APPLICATION AND NAVIGATION ON THE SITE
The offer and sale of the Products on the Site constitute a distance contract governed by Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (e-commerce) and articles 45 and ss. of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and following amendments.
The customer is required to carefully read these General Conditions of Sale, which Barj Buzzoni srl makes available, in pdf format, at the beginning of this section of the Site, and of which he is allowed to store and reproduce, as well as all other information that Barj Buzzoni srl provides on the Site, both before and during the purchase procedure.
The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They can be changed at any time. Any changes and / or new conditions will be effective from the time of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and / or updates to the General Conditions of Sale.
These General Conditions of Sale do not regulate the sale of products and / or the provision of services by parties other than Barj Buzzoni srl which are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. Barj Buzzoni srl is not responsible for the provision of services and / or for the sale of products by such subjects. Barj Buzzoni srl does not carry out any checks and / or monitoring on the websites accessible through these links . Barj Buzzoni srl is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
These General Conditions of Sale are applicable in all States. For Italy a specific section of the site is associated, the section in English for all other countries.
The Site allows each customer to browse and, with or without registration, to make purchases in any Country (if any), regardless of the State in which he is physically located when he accesses the Site.
When the customer enters the Site, the Site, through the IP address, recognizes the country from which the customer is accessing. In the case of subsequent accesses with the same IP address, the last country selected in the previous session is proposed. The customer will be able to; in any case, at any time, change the country by selecting a different one in the Select your Country section present in the header of each page of the Site (if applicable).
The navigation country is, therefore, either the one chosen by the customer, through the appropriate option or, in the absence of a choice, the one associated with the country from which the customer is accessing the Site.
PURCHASES ON THE SITE
The purchase of the Products on the Site is allowed only to those who have reached the age of 18.
The purchase of the Products on the Site is allowed both to customers who have the quality of consumers and to customers who do not have this quality. Pursuant to art. 3, I comma, lett . a) of the Consumer Code, the consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. The inclusion of the VAT number during the purchase procedure is considered to indicate that the purchase has been made for purposes related to the entrepreneurial, commercial, craft or professional activity carried out.
The purchase of Products on the Site can takes place with previous registration on the Site.
Registration on the Site is free. To register on the Site, the customer must fill in the appropriate form by clicking on “Login / Register ”
Registering on the Site allows customers to carry out the following activities:
- Check the “history” of the orders placed (in particular by clicking on the number of each order placed, it is possible to check the complete details of the order, including the product details, the shipping address and the billing address;
- Manage your delivery addresses by speeding up the insertion of new orders;
Furthermore, by accessing your personal area (“My Account”), it is always possible:
- Manage the information relating to your personal profile (in particular it is possible to change the password to access the private area);
- Change the data relating to the shipping or billing address and / or add new shipping addresses;
The customer guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to keep Barj Buzzoni srl harmless and harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the customer of the registration rules on the Site or on the conservation of registration credentials.
In case of violation of the prohibitions contained in the current article, Barj Buzzoni srl reserves the right to take all necessary actions to stop the irregularities, including the suspension of access to the Site, the cancellation of the registration or the non-acceptance or cancellation of orders.
Barj Buzzoni srl is a reseller that builds its commercial offer on the goods present in its warehouses, also on the basis of the availability communicated by its suppliers. The Site is constantly updated automatically in order to ensure maximum correspondence between the availability communicated by the suppliers and those indicated on the Site.
However, it may happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order. In this case, without prejudice to the rights attributed to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, the customer will be promptly informed by e-mail and will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damage, pursuant to and by effect of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. The customer who has already made payment (see the Payment Methods section) will be promptly refunded the total amount paid, including delivery costs and any other costs incurred, in relation to the order itself (“Total Amount Due” ).
For further information see the section “Product Availability”.
INFORMATION FOR THE CONCLUSION OF THE CONTRACT
In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Barj Buzzoni srl informs the customer that:
To make the purchase of one or more Products on the Site, the customer must fill in an order form in electronic format and transmit it electronically to Barj Buzzoni srl, following the instructions that will appear on the Site from time to time;
Before proceeding with the transmission of the order form, the customer can identify and correct any errors in entering data by following the instructions indicated on the Site from time to time and which will accompany the various stages of the purchase; must also accept the General Conditions of Sale;
The contract is concluded when the order form reaches the server of Barj Buzzoni srl;
Once the order form has been registered, Barj Buzzoni srl will send the customer to the e-mail address indicated an “Order Registration Confirmation” e-mail containing: a summary of the General Conditions of Sale and the particular conditions applicable to the contract, the information relating to the essential characteristics of the product purchased, a detailed indication of the price, the means of payment used, the delivery costs and any additional costs;
The order form will be filed in the database of Barj Buzzoni srl for the time necessary for the execution of the same and, in any case, in accordance with the law. To access your order form, the customer can follow the procedure defined in the paragraph “Purchase orders”.
The languages available to users for the conclusion of the contract are: Italian or English. BarjBuzzoni srl contacts are able to communicate with customers in Italian or English.
AVAILABILITY OF PRODUCTS
Within the information sheet relating to each Product , Product Sheet , which can be accessed by clicking the single product in the Online Showroom, there will be a special section next to the product photo containing information about the availability of the Product.
Due to simultaneous purchases on the Site, it is possible, for technical reasons, that the Product, even if accompanied by the wording “Immediate Availability”, is not immediately available after the transmission of the order. In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, Barj Buzzoni srl will immediately notify the customer by e-mail. The customer will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. The termination of the purchase agreement pursuant to this paragraph involves the termination of the credit agreement, accessory to the purchase agreement, possibly stipulated by the customer.
In the event that the customer makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, and the payment of the Total Amount Due has already been made, Barj Buzzoni srl will reimburse the Total Amount Due without undue delay and, in any case, within 14 days from the termination of the contract. The refund amount will be communicated to the customer by e-mail. This amount will be credited to the same payment method used by the customer for the purchase, according to the provisions in the “Payment Methods” section.
In the case of orders concerning a plurality of Products (“Multiple Order”), if the unavailability concerns only some of the Products subject to the Multiple Order – without prejudice to the rights attributed to the customer by law, and, in particular, by the XIV of Title II of Book IV of the civil code, and without prejudice to the application of the preceding paragraphs, if the unavailability concerns all the Products covered by the order – Barj Buzzoni srl will immediately notify the customer by e-mail. The customer will therefore be entitled to immediately terminate the contract, limited to the Product and / or Products that have become unavailable, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.
In the event that the customer makes use of the right of termination pursuant to art. 61, IV and V paragraphs, of the Consumer Code provided above, the purchase contract concerning the Product and / or Products included in the Multiple Order and become unavailable will be partially terminated, limited to such Product / s, with consequent return , if it has already been paid, of the amount due in relation to such Products, including delivery costs, calculated as indicated in the section “Delivery methods, costs and terms” below, and any other additional costs due in relation to specific to such Products (“Partial Amount Due”); the termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products object of the Multiple Order which have become unavailable compared to the other Products object of the Multiple Order available. The Partial Amount Due in relation to the Product (s) that has become unavailable will be reimbursed to the customer without undue delay and, in any case, within 14 days from the termination of the contract. The refund amount will be communicated to the customer by e-mail. This amount will be credited to the same payment method used by the customer for the purchase, according to the provisions in the “Payment Methods” section.
Each item ready for delivery sold through the “Online Showroom” procedure will carry with it the guarantee of its authenticity and uniqueness . BarjBuzzoni srl will never make repurchased unique products , ready for delivery, and will not reproduce copies or reproductions of the same in the “Online Showroom”.
Pieces produced in several units can be reproposed on the “Online Showroom”
The company makes use of the possibility to reproduce without limit and on any medium works and subjects on commission, even similar to those proposed in the online Showroom .
INFORMATION ON PRODUCTS
Each product was present in the Online Showroom is accompanied by a sheet product and the details which shows no major CHARACTERISTICS and . Barj Buzzoni srl, reserves the right to modify the Product Sheets , without the need for any prior notice.
Barj Buzzoni srl will do its best to ensure that the images of the Products published on the Site, accompanying the Brief Description and Details of a Product, represent the Products offered for sale as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. The Product images on the card product , also may differ in size or in respect of any ancillary products. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will prevail.
The Site may also contain general purchase support information, such as, by way of example, a purchase guide (if any) or generic information material . This information is intended as simple generic information material, not referable to the real characteristics of a single product. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will prevail.
Depending on their nature, the products will carry the company logo and the set of information materials relating to the company, the collections and the product . Barj Buzzoni products currently do not have any recognition system for authenticity, the customer is advised to keep all documentation as proof of purchase.
The pieces are all handmade, made in Italy by Bar Buzzoni srl or on commission.
All prices published on the Site are expressed in Euros and are exclusive of VAT .
Customers are informed that, due to various factors, including the commercial policy of the trademark owners, the price of the Products offered for sale on the Site may be different for different countries.
Barj Buzzoni srl reserves the right to change the price of the Products at any time and also, possibly, several times during the same day, it being understood that the price charged to the customer will be the one indicated on the Site at the time of the execution of the order and that any changes (increase or decrease) subsequent to its transmission will not be taken into account.
Above the Product Sheet, you will find the selling price.
The site shows the price to the public. For some categories of customers, the company reserves the right to create accounts with additional privileges to the basic one, including viewing and exploiting a personalized pricing policy .
It is possible to find Barj Buzzoni products in other stores that can sell the Products permanently or on offer at a lower price than that indicated on the Site.
In the e-mail of “Order registration confirmation”, in addition to the conditions of sale, the customer will also find the indication of the ‘Customer Order Number’, which he must then use in any subsequent communication with Barj Buzzoni srl as well as the summary of all customer data entered in the order. The customer undertakes to verify its correctness and to promptly communicate any corrections contacting the company to Contacts or emailing firstname.lastname@example.org as soon as possible.
The customer who has made the purchase with registration will be able to access his “Order Summary”.
The customer who made the purchase without registration can request information at email@example.com.
Barj Buzzoni srl reserves the right to refuse orders that come from:
- by a customer with whom it has an ongoing legal dispute;
- by a customer who has previously violated the conditions and / or terms of the purchase contract with Barj Buzzoni srl;
- by a customer who has been involved in fraud of any kind and , in particular, in fraud relating to credit card payments;
Barj Buzzoni srl also reserves the right to refuse orders from customers who have issued false, incomplete or otherwise inaccurate identification data.
TERMS OF PAYMENT
The payment of the Products purchased on the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and / or the method of delivery or shipment. The payment methods actually available to the customer in relation to the single product will be specifically indicated during the purchase procedure. Payments with: card linked to PayPal , bank transfer and cash on delivery to the courier, do not include any supplement .
The payment of the Products purchased on the Site can be made through the PayPal payment solution , based on the terms and conditions of the contract agreed between the customer and PayPal . In the case of payment by PayPal , the amount relating to the purchase made will be charged by PayPal immediately, at the same time as the conclusion of the contract.
In all cases of termination of the contract and subsequent cancellation of the order, the Total Due amount will be simultaneously re-credited to the customer’s PayPal account. The methods of re-credit on the payment instrument connected to the PayPal account depend exclusively on PayPal . Once the amount relating to the purchase made on the PayPal account has been credited , in no case Barj Buzzoni srl can be held responsible for any direct or indirect damage caused by delays in the actual re-credit attributable to PayPal or the banking system.
In order to ensure the security of payments made on the Site and prevent any fraud, Barj Buzzoni srl reserves the right to ask the customer for additional information (for example landline telephone number, or a front / back copy of the identity card in course of validity by e-mail or fax).
The deadline by which the document must reach Barj Buzzoni srl will be specified in the e-mail request. This deadline will not, in any case, exceed 4 days.
Pending receipt of the requested document, the order will be suspended.
In the case of a request, the customer is obliged to send the requested documents within the indicated term. In the event that Barj Buzzoni srl does not receive such documents within the deadline specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 cc, and the order consequently canceled, without prejudice to the right of Barj Buzzoni srl to compensation for any damage it may have incurred due to the non-compliant behavior of the customer. The termination of the contract, of which the customer will be notified by e-mail, no later than 4 days after the deadline for sending the documents requested by Barj Buzzoni srl, will result in the cancellation of the order and the refund of the amount.
In the event that Barj Buzzoni srl receives the requested documentation within the indicated deadline, the delivery terms applicable to the Product will start from the date of receipt of the documentation.
The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Barj Buzzoni srl Barj Buzzoni srl is therefore not able to know and does not store in any way the data of the credit card connected to the customer’s PayPal account. or the data of any other payment instrument connected with this account.
ADVANCE BANK TRANSFER
The payment of the Products purchased on the Site can be made by bank transfer in advance.
In the event that the customer chooses bank transfer as a payment method, Barj Buzzoni srl, once the order has been received, will communicate the bank details to the customer by e-mail for making the transfer. The e-mail will have the following subject: “communication of bank details”.
Payment for the Products by bank transfer must be received no later than 7 working days from the date of receipt of the e-mail “communication of bank details”. Once this term has expired, the contract may be considered terminated pursuant to and for the purposes of art. 1456 cc In the event that Barj Buzzoni srl chooses the termination of the contract, it will notify the customer via e-mail without delay.
In the case of payment by bank transfer in advance, the delivery terms will start from the date of receipt of the transfer by Barj Buzzoni srl and not from the date of transmission of the order, as happens in the event that the customer chooses other payment methods.
To facilitate the connection between the payment received by bank transfer and the order placed, the customer is asked to indicate in the reason for the bank transfer:
- the order reference number;
- the date the order was placed;
- the name and surname of the holder of the order, if different from that of the holder of the current account from which the transfer comes.
Furthermore, the customer is advised to send to Barj Buzzoni srl by e-mail, the receipt of the bank transfer when made.
METHOD, EXPENSES AND TERMS OF DELIVERY
The delivery of the Products is carried out in all the States indicated in the premises of these General Conditions of Sale to the shipping address indicated by the customer in the order form. Delivery, however, can only be made within the borders of the state associated with the country in which the customer is browsing at the moment in which the purchase process begins by adding a Product to the cart.
The customer is therefore obliged to enter in the order form a shipping address that is located within the borders of the state associated with the country of purchase. Orders containing the indication of a shipping address outside these borders will be canceled pursuant to and for the purposes of art. 1456 cc and the total amount due will be reimbursed, if already paid.
Considering the nature of the Product and the meticulous care required for its correct packaging, the company can take up to 10 working days before processing the products ready for delivery.
If the product is on commission, not available, requires customization by the customer or is not in the state of “prompt delivery”, the company can take up to 30 working days to process the order unless otherwise indicated by the ” Customer assistance or communication via email that can be contacted on the contact section.
Shipping is always charged to the customer both in cases of single / multiple order, return or withdrawal.
However, the company has a calculation system in place in order to make shipping costs on individual orders fairer. In this regard, the customer can request confirmation if the shipping costs paid by him are in line with the program.
All shipments are handled by third party couriers.
Delivery can also be made in the so-called “free zones”, including, by way of example, the localities of Livigno, Campione d’Italia, Ahvenanmaan lääni (FI), Açores , Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (ES), Channel Islands (GB) but not at post office boxes or post offices. In the event that the shipping address is at a post office box or post office, Barj Buzzoni srl will terminate the contract pursuant to and for the purposes of art. 1456 of the civil code and the refund of the total amount due, if already paid. In case of doubts about the destination, the customer is invited to ask for information by means of a report to be made by accessing the section of the Site: Contacts or email to firstname.lastname@example.org .
The delivery obligation is understood to be fulfilled by transferring the material availability or in any case the control of the Products to the customer. The risk of loss or damage to the Products, for reasons not attributable to Barj Buzzoni srl, on the other hand, will be transferred to the customer when the customer or a third party designated by him and other than the carrier, materially comes into possession of the Products.
The amount (including VAT) of these expenses, which may vary in relation to the delivery methods chosen by the customer, as well as in relation to the destination, number and weight / volume of the Products that the customer decides to purchase, will be expressly and separately indicated in relation to the individual Product in the Product Sheet and, in any case, before the customer sends the purchase order. This amount will finally be reported in the e-mail of “Order registration confirmation” and “Shipping confirmation”.
Where applicable, the charges and customs duties are charged to the customer, which will not be reimbursed in the event of termination, for any reason, of the purchase contract. In any case, the sum due by way of non-refundable customs duties and charges in case of termination of the purchase contract will be explicitly indicated in the purchase procedure, before the customer sends the order.
In the summary of the order and, therefore, before the customer proceeds with the transmission of the same, the total price of the order will be indicated, with separate indication of the delivery costs and any other possible additional expense. This total, which will also be indicated to the customer in the “Order Registration Confirmation” e-mail, will constitute the total amount due by the customer in relation to the order. Nothing more is due by the customer than this amount.
In case of return or withdrawal, the company will refund only the price of the goods on the total purchase price of the products. The company will never reimburse shipping costs or other charges except at its discretion.
In case of partial withdrawal from Multiple Orders, the amount of the delivery costs to be reimbursed to the customer will be calculated on the basis of the Product subject to withdrawal, making a proportional distribution of the delivery costs in relation to each Product that is part of the Multiple Order and returning those attributable to the returned Product. In any case, the amount of the delivery costs to be returned will never exceed that actually paid by the user.
The delivery of the order is intended at street level, except:
- different communication from Barj Buzzoni Srl contacts or email@example.com ;
- as provided in the Product Data Sheet of the Product
- the purchase of the delivery service to the floor, where provided.
You can purchase “Additional Delivery Services” where possible . The list of “Additional delivery services” available in relation to the individual Product, their detailed description as well as the exact indication of their cost (in Euros and VAT included) will be provided in the Product Sheet or during the purchase process as it is often the availability and the cost of the service linked to the destination of the goods. In case of exercising the right of withdrawal, all costs will be returned to the customer except for shipping and delivery .
In the event that delivery “to the home floor” proves impossible due to the lack of the size requirements of the stairs and doors specified in the Product Data Sheet or communicated by Barj Buzzoni srl contacts or firstname.lastname@example.org, the Courier will deliver the Product to the street level. In case of refusal by the customer, Barj Buzzoni srl will still charge the delivery costs.
The customer is recommended to check at the time of delivery:
- that the number of packages delivered corresponds to what is indicated in the transport document sent in advance via e-mail;
- that the packaging is intact, not damaged, wet or otherwise altered;
- that the sealing materials (adhesive tape or plasticized straps) have not been tampered with in any way.
Furthermore, the customer is invited in his interest to report any damage to the packaging or the mismatch in the number of packages by putting “WRITTEN CONTROL RESERVE” and specifying the reason for the reservation (eg “laundry package”, “crushed packaging “, Etc.) on the courier’s proof of delivery.
The unreserved receipt of the Products, in fact, does not allow the customer to take legal action against the courier in the event of loss or damage to the Products, except in the event that the loss or damage is due to willful misconduct or gross negligence of the courier. and except for partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is known and no later than eight days after receipt. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
The customer is required to report any particular characteristics relating to the place of delivery of the Product and / or its location. In the event that he does not provide such information or provides incorrect information, any additional costs that Barj Buzzoni srl must bear to complete the delivery of the Product will be at his expense .
The customer acknowledges that the withdrawal of the Product is a specific obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, after two failed delivery attempts, the package will go “in stock”. In the event of failure to collect the Product within five working days from the day following that on which the courier left the notice of passage, the contract will be considered terminated and the purchase order consequently canceled pursuant to art. 1456 cc Once the contract is terminated, Barj Buzzoni srl will reimburse the total amount possibly paid by the customer, less the costs of the unsuccessful delivery of the Product, the return costs to Barj Buzzoni srl and any other expenses in which it incurred from the day following that on which the courier left the notice of passage. The termination of the contract and the refund amount will be communicated to the customer via e-mail.
Those who have not collected the shipment more than twice, whatever the method of delivery or payment chosen, cannot make purchases on the Site. In the event that these subjects place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 cc The termination of the contract will be communicated to the customer via email.
Delivery terms will be indicated during the purchase process, before the customer sends the order; they start from the date of transmission of the order, unless otherwise specified.
In case of Multiple Orders, all the Products included in the Multiple Order will be delivered simultaneously; the delivery time, in this case, will be the longest of the delivery terms of each Product inserted in the Multiple Order, as indicated in the relevant Product Sheet or during the purchase process, before the customer sends the order. The delivery term of the specific order (single or multiple) will also be indicated in the Order Registration Confirmation e-mail.
In the event of failure to indicate the delivery term, it will in any case take place within thirty days from the date of conclusion of the contract
To resolve some logistical or other problems that may arise in relation to delivery, it may be necessary to contact the customer.
In any case, when Barj Buzzoni srl entrusts the shipment to the courier, the customer is notified by an SMS and an e-mail of “Order completed”. This e-mail contains all the details in relation to the delivery: list of Products shipped, amount due, specific forms of payment accepted by the Courier in charge of delivery,
Tracking number of the shipment linked to the courier’s website (if available).
In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the Order Registration Confirmation e-mail, the customer, pursuant to art. 61 of the Consumer Code, invites Barj Buzzoni srl to make the delivery within an additional deadline appropriate to the circumstances (“Additional Deadline pursuant to Article 61, paragraph III, Consumer Code”). If this Additional Term expires without the Products having been delivered to him, the customer is entitled to terminate the contract (“Termination of the contract pursuant to Article 61, paragraph III, Consumer Code”), without prejudice to the right to compensation for damage. The customer is not burdened by the burden of granting the Term to Barj Buzzoni srl
Supplement pursuant to art. 61, paragraph III, Consumer Code (“Cases Excluded”) if:
- Barj Buzzoni srl has expressly refused to deliver the Products;
- compliance with the delivery deadline indicated during the purchase process and in the “Order Registration Confirmation” email must be considered
- essential, taking into account all the circumstances that accompanied the conclusion of the contract;
- the customer has informed Barj Buzzoni srl, before the conclusion of the contract, that delivery by a specified date is essential.
In the Excluded Cases, if the customer does not receive the Products within the delivery time indicated during the purchase process and in the “Order Registration Confirmation”, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damage (“Termination of the Contract in Excluded Cases “). The indication of the Supplementary Term pursuant to art. 61, III, Consumer Code and the notice of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in the Excluded Cases must be communicated by the customer Barj Buzzoni srl to the e-mail address email@example.com. In case of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in the Excluded Cases, Barj Buzzoni srl will reimburse the customer the Total Amount Due without undue delay. The reimbursement will take place in the manner indicated in the “Payment Methods” section, as applicable. In the event that the customer does not proceed with setting the Supplementary Term pursuant to art. 61, III, Consumer Code or, if the conditions are met, the Termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code or to the Termination of the Contract in the Excluded Cases, Barj Buzzoni srl, without prejudice to the possibility for the customer to make use of such remedies and / or the ordinary means of protection made available by law at any time and , in particular, from Chapter XIV of Title II of Book IV of the civil code, it undertakes, in any case, to:
- Promptly notify the customer by e-mail of the delay in delivery, at the same time indicating the new delivery term, if available, which must be accepted by the customer by e-mail;
- In case of delivery with a delay equal to or greater than 10 days, grant the customer who requests the reimbursement of the delivery costs and any other cost, including for “Additional delivery services” or other services purchased by the same, immediately and in any case within 10 days of the request, or, alternatively, give the customer a discount coupon equal to the value of the delivery costs paid by the customer that can be spent on the Site within 3 months.
RIGHT OF WITHDRAWAL
Pursuant to art. 52 and ss. of the Consumer Code, the customer who holds the quality of consumer has the right to withdraw from the purchase contract of the Product without incurring costs other than the direct ones of returning the goods, as provided for in this section and without having to provide any reasons, within term of fourteen calendar days (“Withdrawal Period”).
The Withdrawal Period expires after 14 days:
- in the case of an order relating to a single Product, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last Product;
- in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last lot or piece.
To exercise the right of withdrawal, the customer must inform Barj Buzzoni srl, before the expiry of the Withdrawal Period, of his decision to withdraw. To this end, the customer can:
(a) use the Online Reporting system prepared by Barj Buzzoni srl in the order history (“Online Withdrawal Declaration”) , if present ;
the Online Withdrawal Declaration, which must be sent within 14 days of receipt of the Product, is activated by selecting the item “Exercise of the Right Withdrawal” from the proposed menu, directly in the “Order Summary” accessible through the “Order History” section (for the customer who placed the order as a Registered customer).
Following the sending of the Online Withdrawal Declaration, Barj Buzzoni srl will immediately communicate to the customer a confirmation of receipt of the Online Withdrawal Declaration by e-mail, with the relative time references (date / time of receipt);
(b) use the standard withdrawal form (“Paper Withdrawal Form”) provided by Barj Buzzoni srl The duly completed Paper Withdrawal Form must be sent to Barj Buzzoni srl, before the expiry of the Withdrawal Period, to the address or fax number indicated on it. The customer has exercised his right of withdrawal within the Withdrawal Period, if the Paper Withdrawal Form is sent by the same before the expiry of the Withdrawal Period;
(c) submit any other explicit declaration of your decision to withdraw from the contract (“Declaration of Withdrawal”). The Withdrawal Declaration must be sent to the following addresses: by fax to +39 0375 88340, or by registered mail to Barj Buzzoni srl Via Oradour 6 / A, 43123, Parma (PR) . In the event that the customer makes use of the Declaration of Withdrawal, he is invited to indicate in the Declaration of Withdrawal the order number, the Product (s) for which he / she intends to exercise the right of withdrawal and its address.
The customer has exercised his right of withdrawal within the Withdrawal Period if the Declaration of Withdrawal is sent by the consumer before the expiry of the Withdrawal Period. Since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests with the customer, it is in the customer’s interest to use a durable medium when communicating its withdrawal to Barj Buzzoni srl.
The Product, properly packaged and protected and complete in all its parts (labels, pendants, envelopes, photographs …), must be sent to Barj Buzzoni srl without undue delay and in any case within the term of 14 calendar days from the date in which the customer has communicated to Barj Buzzoni srl his decision to withdraw. The deadline is met if the customer sends the Product before the expiry of the 14 day period.
The Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the customer on the Site before the conclusion of the contract, through the “Right of Withdrawal” link and attached to the Order Registration Confirmation e-mail.
The customer is solely responsible for the decrease in the value of the goods resulting from the manipulation of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product may be tried, tested or verified but must not have been used, washed or damaged; it must therefore be kept with normal diligence and returned intact, perfectly suitable for its intended use and free from signs of wear or dirt, complete in all its parts, complete with all accessories and leaflets, with identification tags, labels and the disposable seal, where present, still attached to the Product and intact and not tampered with.
The Products sold on the Site are original and are shipped in their authentic packaging , if available ; during the return phase, the Products must be returned as received, in their original packaging, and including any accessories (eg logos, stickers, materials, documents, parts of the work …) and / or elements that form an integral part of them (eg : identification tag with disposable seal , identification system ).
Furthermore, the withdrawal applies to the Product in its entirety. It cannot be exercised in relation to parts and / or accessories of the Product.
The customer must return the Product to Barj Buzzoni srl using a carrier of his choice. The direct costs of returning the Product are charged to the customer. For the purpose of returning the Product within 14 calendar days from the date on which the customer communicated to Barj Buzzoni srl his decision to withdraw, the customer can use, at his choice and without prejudice to the right to follow the procedure of return provided in the preceding paragraph, of the alternative return procedure by the courier indicated by Barj Buzzoni srl In this case, the customer must use the pre- filled label that Barj Buzzoni srl sent him by e-mail after he communicated the own withdrawal. The label must be attached to the package containing the Product that the customer intends to return, taking care that it covers the label relating to the shipment with which the package was delivered to the customer. The user can then contact the courier indicated by Barj Buzzoni srl via email with the relevant telephone number and any call costs, to book the collection of the package and agree on the date and place of collection. The shipment takes place under the responsibility of Barj Buzzoni srl, but the direct costs of returning the Product to Barj Buzzoni srl are the responsibility of the user; these costs could be similar to those incurred by the customer to receive the Product in delivery and will be directly deducted by Barj Buzzoni srl.
If the customer withdraws from the contract, Barj Buzzoni srl will reimburse the sums paid by the customer for the Product, those of the “Additional delivery services” possibly purchased by the customer, excluding the amount paid for any purchase of “Additional Services” other than delivery, without undue delay and in any case no later than 14 calendar days from the day on which Barj Buzzoni srl was informed of the customer’s decision to withdraw from the contract. Where applicable and explicitly indicated during the purchase process, customs duties and taxes are charged to the customer, which will not be reimbursed in case of exercise of the right of withdrawal. According to the provisions of art. 56, paragraph III of the Consumer Code, Barj Buzzoni srl may suspend the reimbursement until receipt of the Products or until the customer demonstrates that he has shipped the Products, if earlier, except in the case in which the customer uses the method of return by courier, referred to in the preceding paragraph.
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and, in particular, in the event that the Product is not intact in all its parts and / or accompanied by its accessories and / or elements that constitute it integral part (eg: identification tag, disposable seal, hangers, belts, cables, batteries, manuals …), it will not result in the termination of the contract and, consequently, will not give the right to a refund of the amount paid by the customer for the Product. Barj Buzzoni srl will notify the customer by e-mail within 5 working days of receipt of the Product, rejecting the request for withdrawal. If the Product has already been received by Barj Buzzoni srl, it will remain at the same at the customer’s disposal for collection which must take place at the expense and under the responsibility of the customer.
In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced. of an amount equal to this decrease in value. Barj Buzzoni srl will notify the customer of the circumstance and the consequent reduced refund amount , by e-mail, within 5 working days from receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the customer due to the decrease in value of the Product.
CONDITIONS AND RETURN PROCEDURE
It is important for us to guarantee you the best possible experience, from the first moment you visit our site and throughout the purchase phase. For this reason we have decided to make the return policy quick and simple.
If the purchase does not satisfy your taste or your needs, you can request a return.
Furthermore, if the product is xed defective, damaged or ruined, there contatt the email promptly submitting photographic evidence or videos as you received the product and in what conditions.
If the return has a reason other than the defect, the customer is authorized, within the foreseen times, to return the goods using a service that is in any case traceable.
In both cases illustrated above, the item must be returned in the same condition in which it was received: with all tags still attached and in the original packaging (envelopes, seals even if detached, labels, ribbons, pendants, etc. ) .
Products belonging to the same order must be returned together, in a single package.
It is also necessary to insert inside the madman a copy of the order or any reference that helps us to identify the order and the customer.
The address to which the goods must be returned is: Barj Buzzoni srl Via Oradour 6 / a – 43123 Parma.
If you withdraw from the purchase contract, we shall reimburse all payments received in our favor, but not the delivery costs and the additional costs arising from your possible different choice from the standard delivery offered by us, without undue delay and in any case no later than 14 days from the day we are informed of your decision to withdraw from this contract. These refunds will be made using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any case, it will not have to incur any costs as a consequence of this reimbursement.
If the initial payment was made using the cash on delivery or bank transfer method, it will be your responsibility to provide your bank details to make the refund.
The refund is suspended until the goods are received and checked at our office.
Please return the goods without undue delay and in any case within 14 days from the day on which you have communicated your withdrawal from this contract. The deadline is met if you send back the goods before the 14-day period has expired.
The costs of returning the goods will be at your expense.
You will be held responsible in the event of a decrease in the value of the goods resulting from the handling of the goods other than that necessary to verify their nature, characteristics and functioning.
LEGAL GUARANTEE OF CONFORMITY
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Legislative Decree n. 206/2005 (“Consumer Code”) (“Legal Guarantee”).
WHO IT APPLIES TO
The Legal Guarantee is reserved for consumers. Therefore, it applies only to Customers who have purchased on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
WHEN IT APPLIES
The seller (and, therefore, with regard to purchases made on the Site, Barj Buzzoni srl) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. From the seventh month following the delivery of the product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
Our products are always checked through the QC ( Quality Control) before each shipment. If imperfections are found, the customer will always be notified.
In order to take advantage of the Legal Guarantee, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. Therefore, for the purposes of this proof, the Customer should keep the purchase invoice, which Barj Buzzoni srl sends him via e-mail in PDF format as well as the DDT or any other document that can certify the date of execution of the purchase (e.g. credit card statement or bank statement).
WHAT IS THE CONFORMITY DEFECT
There is a lack of conformity when the purchased good:
- it is not suitable for the use for which goods of the same type are normally used;
- does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
- it does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labeling;
- it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.
Any breakdowns or malfunctions caused by accidental events or by the Customer’s responsibility or by a use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.
Also to be taken into account are those that can be defined by the customer as slight imperfections. Considering the nature of the product, many can actually be an integral part of the artistic product itself, of its past and of how the artist has deliberately decided to portray it. The lack of conformity is such if the product has serious deficiencies as requested by the customer.
Please note that the pieces are sold as they appear on the site and all imperfections are to be considered an integral part of the artistic product.
Barj Buzzoni does NOT intervene on the product after the photo shoot proposed on the site. The company takes care to ship the work intact as it is and complete with all the accessories that compete with it.
The company is in no way responsible for the alterations of the work during its shipment, transport and assembly.
REMEDIES AVAILABLE TO THE CUSTOMER
In case of lack of conformity duly reported within the terms, the Customer has the right:
- primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
- on a secondary basis (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of price or termination of the contract, at your choice.
The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to the alternative remedies that can be tried, taking into account:
- the value that the asset would have if there was no lack of conformity;
- the extent of the lack of conformity;
- the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.
WHAT TO DO IN THE PRESENCE OF A CONFORMITY DEFECT
In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the Customer must send a specific communication to Barj Buzzoni srl, contacting by email firstname.lastname@example.org.
Barj Buzzoni srl reserves the right to ask the Customer to attach the purchase invoice and / or DDT or other document proving the date of the purchase to the request. The Barj Buzzoni srl contacts will promptly reply to the Customer’s communication, indicating which next steps he must take.
ADDITIONAL PAID ASSISTANCE SERVICES
There are no additional assistance services.
CUSTOMER SERVICE AND COMPLAINTS
It is possible to request information, send communications, request assistance or submit complaints by contacting Barj Buzzoni srl Via Oradour 6 / a – 43123 Parma or through the Website by accessing the Contact section, Barj Buzzoni srl will respond to complaints by e-mail or by post within the deadline. maximum of 5 working days.
The purchase contract concluded on the Site is governed by Italian law.
This is without prejudice to the application to consumer customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right. of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the customer resides or has elected domicile is competent, if the latter is a consumer, as defined by the Consumer Code.
The customer who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims disputes. , by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website eur-lex.europa.eu.