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TERMS AND CONDITIONS

This document contains the general terms and conditions of use for the website www.barbieripnk.it, providing bicycle accessories and components.

  1. Definitions

For the sake of a full understanding and acceptance of these terms and conditions, we specify that the following terms, in the singular and plural, will have the meanings set forth below:

Owner: Barbieri Snc di Barbieri Nadia e Kalman, Via Montecassino, 2 - 40050 Funo di Argelato (BO), Tax Code 04174720377, VAT No.: 01706721204, certified e-mail address barbieripnk@cert.cna.it

Application: the website www.barbieripnk.it

Products: the products provided to the user by the Owner

User: any person who accesses and uses the Application

Consumer User: a natural person of age who enters into a contract for purposes unrelated to their business, commercial, craft or professional activity

Non-Consumer user: a natural person of age or legal person that enters into a contract for the performance or requirements of its business, commercial, craft or professional activity

Terms: this contract governing the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application

  1. Detailed information about what is offered on the Application

The Application supplies Users with Accessories and Components for bicycles.

  1. Scope of the Terms

The use of the Application implies acceptance of the Terms by the User. If a User does not accept the Terms and/or any other note, legal notice, information published or referred to therein, he/she will not be able to use the Application or its services.

The Terms may be changed at any time.

The applicable Terms are those in effect on the date a purchase order or request for supply of a Product is sent.

Before using the Application, Users must read the Terms carefully and save or print them for future reference.

The Owner reserves the right to change, at its own discretion, at any time, the graphic interface of the Application, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User as necessary.

 

  1. Purchase or supply request through the Application

All the Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. In addition, any images of the Products are only for illustration purposes and do not constitute a contractual element.

Purchases and/or requests for the supply of one or more Products through the Application are possible both for Consumer Users and Non-Consumer Users.

Natural persons are allowed to make purchases and/or send supply requests only if they are of legal age. For minors, any purchase and/or supply request of Products through the Application must be assessed and authorized by parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to send an order, and the order sent by the User will be considered as a contractual proposal of purchase and/or supply request, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or reject the User’s order without the latter being able to object or claim anything for any reason.

The contract of sale or for the supply of Products is entered into upon the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending an order confirmation to the e-mail address indicated by the User, or by displaying an order confirmation web page, which will show the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery timeframe and any delivery costs, the procedures for exercising the right of withdrawal, or its possible exclusion, and the warranty.

The contract of sale or supply of the Products will not be considered effective between the parties in the absence of what indicated in the previous point.

Product Availability

If a Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking whether he/she intends to confirm the order or not. It is understood that the contract will be considered entered into in relation to the Products accepted by the Owner.

With reference to the product catalogue published on the website barbieripnk.it, since access and the possibility to place orders online change in real time the availability of the product, barbieripnk.it does not guarantee the certainty of availability of goods ordered. It is possible that some products in our catalogue have the green light, which indicates that it is currently available, but it may happen that it becomes unavailable at the time of ordering.

The User agrees to verify the correctness of the data contained in the order confirmation and immediately notify the Owner of any errors and to store a copy of the order, its confirmation and the Terms.

  1. Prices and payments

For each product the price including VAT is indicated, if the latter is due. Where the nature of the Product means that it is impossible to calculate the price in advance, the method for calculating the price is indicated.

In addition, any taxes, additional charges and delivery costs will be indicated, which may vary depending on the destination, the delivery method chosen and/or the payment method used. Where such cost items cannot reasonably be calculated in advance, there will be an indication of what costs will be charged to the User.

The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any changes in price will not in any case affect contracts already entered into before the change.

The User undertakes to pay the price of the Product in the time and manner indicated in the Application and to communicate all the necessary data that may be required.

The Application uses third party tools to process payments and does not in any way come into contact with the payment data provided (credit card number, holder’s name, password, etc.).

Should these third party instruments deny authorization for payment, the Owner will not be able to supply the Products and will not be held liable in any way.

  1. Invoicing

A User who wishes to receive an invoice will be asked for invoicing information. The issuance of the invoice will be based on the information provided by the User, which the latter represents and warrants to be true, holding the Owner entirely harmless in this regard.

  1. Delivery of tangible Products

The tangible Products and/or digital goods supplied on tangible media will be delivered to the address indicated by the User, in the manner and within the timeframe indicated on the Application and reproduced in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the time the courier collects the goods.

In the event that it is not possible to supply the requested Products, notice will be given on the Application, including an indication of when delivery is expected or the reasons why delivery is not possible.

If the User does not wish to accept the new timeframe or delivery has become impossible, he/she may request a refund of the amount paid, which will be credited promptly on the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Owner has become aware of the request for refund.

Upon receipt of the Product, the User must check its compliance with the order placed, as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge. Once the delivery document has been signed, the User will not be able to challenge the external characteristics of the Products delivered.

The Owner will not be liable to any party or third party for any damages, losses and costs incurred as a result of non-performance of the contract due to force majeure.

  1. Exclusion of right of withdrawal for Non-Consumer Users

Non-Consumer Users are not recognized the right of withdrawal from the contract of sale or supply of products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies it as a Non-Consumer User with no right of withdrawal.

  1. Consumer Users’ Right of withdrawal from the purchase of tangible products

Only Consumer Users who for any reason are not satisfied with the Product have the right to withdraw, without penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address resi@barbieripnk.it, using the optional withdrawal form referred to in the following article or any other written statement.

In case of withdrawal, the Consumer User shall return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he/she has notified his/her decision to withdraw from the contract. The Consumer User will bear only the direct cost of returning the Product, unless the Owner has declared that it will bear the cost.

In case of a duly exercised withdrawal, the Owner will refund the payments received from the User, using the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated his/her intention to withdraw from the contract.

The Owner is not obliged to reimburse the delivery costs, if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

The Owner, unless it has offered to collect the Product itself, may withhold the refund until it has received the Product or the Consumer User has demonstrated that it has sent the Product back.

The Owner will not accept the return if the Product is malfunctioning due to improper use, negligence, damage or tangible, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging him/her the shipping costs.

  1. Exclusion of right of withdrawal for Consumer Users

The right of withdrawal from the contract of sale or supply of products is excluded for Consumer Users with regard to:

the supply of Products that are likely to deteriorate or expire rapidly. This category includes all food products (including beverages) that may be sold, since the characteristics and qualities of such products are subject to alteration, including as a result of improper storage, sealed products that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.

In cases of exclusion of the right of withdrawal, the Owner will return to the user the products purchased, charging him/her the shipping costs.

For further clarifications, please contact the Owner at the e-mail address orders@barbieripnk.it or call the customer service at the number +39 051 6646278.

  1. Optional form to exercise right of withdrawal

The User may withdraw by using the following form, which must be filled out in its entirety and sent to the following e-mail address

resi@barbieripnk.it prior to the expiry of the withdrawal period:

I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________

Order Number: _______

Ordered on: _______

First and Last Name: _______

Address: ______

E-mail associated with the account from which the order was placed: ____________________

Date: __________

 

  1. Tangible Product Warranty for Non-Consumer Users

In relation to tangible Products, Non-Consumer Users will benefit from the defect warranties of the sold item, the warranty for defect of promised and essential qualities and the other guarantees provided for by the Italian Civil Code with the terms, forfeitures and limitations set forth therein (Art. 1490 et seq. Civil Code).

  1. Guarantee of conformity for tangible products for Consumer Users

The legal guarantee of conformity, provided for by articles 128-135 of the Consumers’ Code, is recognized for all Products sold through the Application that fall within the category of “consumer goods”, as governed by Article 128, paragraph 2 of the Consumers’ Code: any movable goods, including those to be assembled, except for i) goods subject to forced sale or sold in any other way by judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a determined quantity, iii) electricity.

The legal guarantee of conformity is reserved only for Consumer Users.

The Owner has the obligation to deliver to the Consumer User only Products in accordance with the contract of sale. Products are presumed to be in a state of conformity with the contract if the following circumstances are met, when applicable:

  1. they are suitable for the use for which goods of the same type are customarily used.
  2. they are consistent with the description made by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model.
  3. they present the quality and performance that is usual for goods of the same type, which the Consumer User can reasonably expect, considering the nature of the Product and, where applicable, public statements on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or its agent or representative, in particular in advertising or on the labelling.
  4. they are also suitable for the particular use desired by the Consumer User that has been brought to the attention of the Owner at the time of entering into the contract and that the Owner has accepted, including by conclusive evidence.

Therefore, any failures or malfunctions caused by accidental events or by the Consumer User’s responsibility, or by a use of the Product that does not comply with its intended use and/or with the provisions of the enclosed technical documentation, are excluded from the scope of the conformity guarantee.

Pursuant to Art. 130 of the Consumers’ Code, in case of lack of conformity of the Product, the Consumer User is entitled to the free of charge restoral of Product conformity. To this end, the Consumer User may choose between repairing the Product or replacing it.

This right of choice may not be exercised if the remedy sought is objectively impossible or excessively onerous. In addition, the Consumer User has the right to an appropriate reduction in price or termination of the contract, but only if one of the following situations occurs: i) repair or replacement is impossible or excessively expensive; ii) the Owner has not provided repair or replacement within a reasonable period; iii) replacement or repair has caused significant inconvenience to the Consumer User.

If the consumer intends to take advantage of the remedies provided by the guarantee of conformity, he/she needs to send a written notice to the e-mail resi@barbieripnk.it or call customer service at +39 051 6646278.

The Owner will promptly reply to the communication of the reported lack of conformity and will indicate to the Consumer User the specific procedure to be followed, also considering the product category of the Product and/or the reported defect.

  1. Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all the intellectual property rights relating to and/or pertaining to the Application and/or the contents available on the Application. Therefore, all trademarks, whether images or names, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and contents relating to the Application are and remain the property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.

The Terms do not grant the User any licence to use the Application and/or individual contents and/or materials available therein, unless otherwise provided for.

Any unauthorized reproduction in any form of the explanatory texts and contents of the Application will be considered an infringement of the intellectual and industrial property rights of the Owner.

  1. Warranty Disclaimer

The Application is provided on an “as is” and “as available” basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner provide any warranty that the Application will meet Users’ needs or that it will never be interrupted or be error-free, or that it will be free of viruses or bugs.

The Owner will endeavour to ensure that the Application is available 24 hours a day, but cannot in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner, or for events of force majeure.

  1. Limitation of Liability

The Owner cannot be held liable towards the User, except in the case of malice or gross negligence, for any inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers.

The Owner will not be responsible for damages, losses and costs incurred by the user as a result of failure to execute the contract for reasons not attributable to it, the user being only entitled to a full refund of the price paid.

The Owner shoulders no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card number, name of the holder, password, etc.)

The Owner will not be liable for:

any loss of commercial opportunity and any other loss, even indirect, suffered by the User, unless it is a direct result of the breach of contract by the Owner.

incorrect or inappropriate use of the Application by Users or third parties

the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry of such data

In no event shall the Owner be held liable for more than double the amount paid by the User.

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