GENERAL CONDITIONS OF SALE
Subject of these General Conditions
These General Conditions of Sale (“General Conditions”) define the terms and conditions of sale between AAV Barbini srl, owner of the website www.specchibarbini.it (“the Site”) and the subject registered on the Site who acts for personal and non-professional purposes (“Customer”) and who intends to purchase the products offered by AAV Barbini srl in the reserved access section of the Site (“the Products”).
These General Conditions concern the distance selling via the internet retail to consumer subjects of Products, regulated in particular by D. Lgs. n. 206/2005 (“Codice del Consumo”) e dal D. Lgs. n. 70/2003.
Seller is: AAV Barbini srl, C.F. and P. IVA 02044970271, based in Murano (Venice), Customer is: a consumer who has reached the age of 18 and is resident in the countries where the site is authorized to sell online.
AAV Barbini srl does not deliver the Products in countries other than those indicated. Not all Products may be available for purchase in the country of the site visitor.
These Terms and Conditions can be changed at any time. The version of the General Conditions published at the time of conclusion of the Agreement will be authentic among the Parties. AAV Barbini srl cannot under any circumstances be considered bound by conditions sent by the Customer or otherwise different from those present. The prices, products on the Site and the characteristics of the same are subject to change without notice.
Acceptance of these Terms by the Customer is essential for the completion of the procedure for the purchase of the Products.
Conclusion and execution of the Contract – non-availability of the Product
To make the purchase, the Customer must register on the Site, access the appropriate reserved area with his credentials, choose the Product to buy and insert it in the appropriate section of the “Cart” Site, where the characteristics of the Products, the price, the applicable VAT, the shipping costs and the expected delivery times will be displayed. Registration and access to the Site, as well as the use of the e-commerce service are totally free, remaining at the customer’s expense only the costs and charges for the equipment and IT connections necessary to take advantage of the e-commerce services.
The order is sent following the inclusion in the appropriate section intended for payment, the shipping data and the data necessary to make the payment, requested by the intermediary in charge. This data may be changed until the “Buy” button is selected. Payment will be made by bank transfer and the charge will normally be made within the deadlines indicated by the payment service used. By sending the order, the Customer expressly consents to the use by AAV Barbini srl of e-mail, telephone and address in relation to the conclusion and execution of the contract.
AAV Barbini srl will send the Customer an e-mail confirming the order, containing the conditions of sale and the order placed. The Customer’s order and the confirmation of the order with the related applicable General Conditions are stored electronically by AAV Barbini srl and the Customer may request a copy by sending an e-mail communication to AAV Barbini srl at the address [email protected].
The contract for the sale of the Product is concluded at the time when AAV Barbini srl receives payment of the price by the Customer.
The validity of the contract is subject to the availability of the Product. In the event that the Product is no longer available, AAV Barbini srl will communicate it to the Customer within 20 days of receipt of the Order and reserves the right to terminate the sales contract, returning to the Customer the entire price paid, without any further charge or charge of any kind borne by AAV Barbini srl.
The Order that is displayed by the Customer and sent by email by AAV Barbini srl reports all the essential elements of the Contract, including all the information provided for by law. The Customer is required to check the Order and verify that the information contained is correct and complete.
Delivery of products
AAV Barbini srl delivers the Product to the Customer within the deadline indicated on the Site and reported in the order confirmation at the address indicated by the Customer.
The shipment and delivery of the Product will be carried out with the methods and times indicated in the order confirmation. In case of non-indication in the Contract, the shipment will take place within 45 (forty-five) working days following the one in which the Customer transmitted the order.
The Product will be delivered to the place indicated by the Customer for delivery and the Customer is required to receive the Product and facilitate delivery, in accordance with what is indicated in the order. In the event of unjustified refusal to receive the Product, AAV Barbini srl will have the right to terminate the Contract, without prejudice to compensation for the damages suffered (including any shipping and storage costs of the Products).
At the time of delivery, the Customer is required to verify the integrity, quantity and type of products delivered, the fact that they comply with those ordered and the provisions of the Contract, the fact that the packaging is intact and not damaged, carrying out the checks that can be carried out according to ordinary diligence and immediately contesting to the courier with an annotation on the delivery note any defects or differences with respect to the order.
The Final Price includes VAT, including delivery fees.
The Customer is required to make the payment to AAV Barbini srl through the payment method made available within the Site. The delivery of the Products will be made only after payment has been made.
Other customer obligations
The Customer is required to ensure the veracity of his data provided during the procedure provided for the conclusion of the Contract. The Customer undertakes to promptly communicate to AAV Barbini srl any changes related to his personal data provided during the Contract, sending a special communication to VENINI S.p.A..
Guarantee and Limitation of Liability of AAV Barbini srl
The provisions relating to “consumer goods” referred to in the Consumer Code (Legislative Decree 206 of 6 September 2005) apply to “consumer” customers, and in particular the legal guarantee of conformity referred to in art. 129, as well as the relevant provisions in force. In particular, in case of lack of conformity of the Products not deriving from the normal use of the Product, the Customer is entitled to restore, without charge, the conformity of the Product pursuant to art. 130 of the Consumer Code.
The Customer is required to report by registered letter A.R. the lack of compliance with AAV Barbini srl within the peremptory period of two months from the date of discovery of the defect. AAV Barbini srl is responsible when the lack of conformity occurs within two years of delivery.
In any case, the action aimed at asserting defects not maliciously concealed by AAV Barbini srl is prescribed within 26 (twenty-six) months from the delivery of the goods.
The warranty is valid provided that the Products are used correctly, in compliance with the relevant operating instructions and recommendations, and upon presentation by the Customer of the delivery documentation and the order number. Without prejudice to the absolute limitations provided by law, AAV Barbini srl does not offer any guarantee or declaration of conformity of the Products further than what is expressly indicated on the Site, including the compliance of the Products with technical, quality or standards of any kind, for specific or particular purposes.
Customer’s right of withdrawal
In accordance with Articles 23 and 10 of the Treaty, the Court of First 52 and ss. of the Consumer Code, the Customer who is qualifying as a “consumer” in accordance with the Consumer Code has the right to withdraw from the Contract at a discretion, without any penalty and without specifying the reason, within the period of 14 (fourteen) days from the day of delivery of the Products.
The Consumer Customer can exercise this right through the appropriate procedure provided for on the Site in the reserved area and following the relative instructions, or through the use of the appropriate withdrawal form provided for on the Site.
In case of exercise of the right of withdrawal, the Products must be returned to the AAV Barbini srl, Calle dietro gli Orti 7, 30141 Murano Venice for this purpose indicated in their original conditions, complete with all their parts, accessories, documentation and with the related packaging, which must be kept, as far as possible, intact.
The costs for the return of the Products will be borne exclusively by the Customer and will be communicated to the Customer in advance, as well as the responsibility of the Products until the return to AAV Barbini srl.
Within the next 14 (fourteen) days from the return of the Products, AAV Barbini srl will refund the price to the Customer, net of the return costs indicated above.
Unless otherwise agreed between the parties, the Customer may not exercise the right of withdrawal, among other things, in the following cases: – the supply of custom-made or clearly customized goods or which, by their nature, cannot be sent back or risk deteriorating and/or altering rapidly; – in all other cases provided for by law, with particular reference to art. 59 of the Consumer Code. However, the right of withdrawal is excluded if the Product has been manipulated in a different way from what is strictly necessary to establish its nature, characteristics and operation.
For the purposes of the Contract, the written form includes any communication by electronic means that allows a lasting recording of its content (such as, for example, e-mail messages and html pages).
Retention of the Contract
The Contract and related order documents are stored, stored and stored by AAV Barbini srl at its headquarters, for the obligations necessary for the execution of the Contract, as well as for the related obligations and requirements required by law, in compliance with the EU Regulation 2016/679 of 27 April 2016.
The Customer may request to access and view these documents, upon written request to be sent to AAV Barbini srl at least 7 previous working days by registered letter A/R. The Customer may request from AAV Barbini srl that a copy in electronic and/or paper format of the Contract be provided, against payment of the cost of reproduction and the support provided.
In any case, the Customer is required to store, store and store both an electronic and paper copy of the Contract.
Processing of personal data
The processing of personal data provided by the Customer will take place in accordance with the provisions of art. 13 of EU Regulation 2016/679 of 27 April 2016 and its subsequent amendments and additions. To this end, AAV Barbini srl provides the Customer with special information always available on the Site and reported in the order confirmation.
These General Conditions and the related Sales Agreement concluded between AAV Barbini srl and the Customer are governed by Italian law and, in particular, by D. Lgs. N. Regulation (EC) No 70/2003 on electronic commerce and, with reference only to consumer customers, as defined above in Art. 1, D.Lgs. N. 206/2005 (Consumer Code), subject to strict provisions of the law of the Customer’s country of residence that may apply.