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TERMS AND CONDITIONS
The products (hereinafter the “Products”) sold on [www.barrett.it] (hereinafter the “Website”) are sold and invoiced by FiloBlu S.r.l., with registered office in Via Caltana, 116/C – 30030 Santa Maria di Sala (VE), a company registered with the Padua C.C.I.A.A. (Chamber of Commerce) as REA no. 376552 on the Companies Register, tax code and VAT no. 04274870288.
GENERAL TERMS AND CONDITIONS OF SALE
Applicable from [27/09/2016]
1. Acceptance of the general terms and conditions of sale and conclusion of the contract
1.1 In purchases of the Products through the Website, the parties to the contract are FiloBlu S.r.l. as the vendor (hereinafter "FiloBlu") and the natural person who makes the purchase on the Website, not for commercial, business or professional purposes, as the purchaser (hereinafter the “Customer”).
1.2 Each purchase is governed by these general terms and conditions of sale (hereinafter the "Terms and Conditions"), in the version published on the Website when the Customer transmits the order.
1.3 The Website is for retail sale only and, as such, is intended for exclusive use of Customers. If one or more sales are made with a person who may not be qualified as a Customer, the following Terms and Conditions will apply but, in derogation from their requirements, (i) the purchaser will not be entitled to withdraw from the contract as envisaged by Article 5 below, (ii) the purchaser will not benefit from the warranty on the Products indicated in Article 6 below, (iii) the purchaser will not be protected by the provisions of Legislative Decree no. 206/2005 and subsequent amendments and additions (Consumer Code), (iv) the contract of sale concluded between FiloBlu and the purchaser will be governed by Italian law, with exclusion of the Vienna Convention on sale of goods.
1.4 By making an order in the various possible methods, using the order form present on the Website (hereinafter the "Order"), the Customer represents that he/she has viewed all the information provided during the purchasing procedure and accepts these Terms and Conditions in full, as an integral part of the Product purchase contract.
1.5 These Terms and Conditions may be printed or stored on a long-lasting medium, in accordance with the requirements of art. 12 of Leg. Decree 70/2003 and art. 51 of Leg. Decree 206/2005, as amended by Leg. Decree 21/2014.
1.6 The Customer is exclusively liable for paying all costs of the connection via Internet to the Website, including telephone charges, according to the rates applied by the operator chosen by said Customer.
1.7 FiloBlu reserves the right to change these Terms and Conditions at any time, at its own discretion, without any prior notice to users of the Website. Any changes made will come into effect from the date when they are published on the Website and will only be applied to sales concluded from that date onwards. The prices, the Products sold on the Website and/or their characteristics may be changed without prior notice. Before sending the Order according to Article 2 below, the Customer is invited to check the final sale price.
1.8 Although the Website is accessible worldwide, the Products may only be purchased by users requesting delivery in one of the following countries: [Italy, France, Albania, Austria, Bosnia Herzegovina, Bulgaria, Cyprus, Croatia, Greece, Malta, Moldova, Munich, Montenegro, Portugal, Macedonia, Romania, San Marino, Serbia, Slovenia, Spain, Vatican City, Belgium, Belarus, Denmark, Finland, Germany, Ireland, Island, Luxembourg, Norway, The Netherlands, Poland, United Kingdom, Czech Republic, Slovakia, Sweden, Switzerland, Ukraine, Hungary, Algeria, Ivory Coast, Egypt, Madagascar, Morocco, South Africa, Tunisia, Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Ecuador, Guatemala, Mexico, Paraguay, Peru, United States, Uruguay, Venezuela, Saudi Arabia, Bahrain, Brunei, South Korea, United Arab Emirates, Philippines, Japan, Hong Kong, India, Indonesia, Israel, Kuwait, Macau, Qatar, Singapore, Thailand, Taiwan, Turkey, Vietnam, Australia, New Zealand, Estonia, Latvia, Lithuania, Armenia, Azerbaijan, Kazakhstan, Tajikistan, Uzbekistan, China].”
2. Selection of the Products and purchasing methods
2.1 The Products sold by FiloBlu are solely those present on the Website when the Order is sent, with the characteristics described on the relative data sheets.
2.2 It is understood, in all cases, that the images accompanying the description card of a Product are solely for informational purposes, might not perfectly reflect the characteristics, but may differ, for example, in terms of size and colour (possibly as a result of the browser and monitor used to access the Website and view the images).
2.3 Presentation of the Products on the Website, which is not binding for FiloBlu, is a simple invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public.
2.4 The Customer may select the Products of interest and enter them in the virtual shopping basket. After selection, to purchase the Products placed in the shopping basket, the Customer will be asked to (i) register on the Website, providing the data requested, or (ii) log in to the Website, if already registered, or (iii) if the Customer does not intend to register on the Website, enter the data needed to complete the order and allow the purchase contract to be concluded.
2.5 A Customer who is already registered on the Website will be able to enter one or more products on their own personal Wish-list. The Wish-list allows the details of Products it is intended to purchase to be saved. This function saves the Products selected even after exiting from the Website and allows favourite Products to be moved and purchased more easily in the future. The Products will remain on the Wish-list - which the Customer may check at any moment by logging in to the Website, in the specific section [Wish-list] - until the Products are moved into the shopping basket - by clicking on the button [“Add to shopping basket”] beside each Product or on the button [“Add all products to shopping basket”] if the Customer intends to move all the Products on the Wish-list into the shopping basket - or definitively removed by the Customer. Please note that Products entered on the Wish-list are not reserved and will be available for purchase by other customers until said Products are ordered, by placing them in the shopping basket, and the order is sent and confirmed according to these general terms and conditions of sale.
2.6 The Customer must also select the shipping and payment methods of the Products from those available on the Website. A Customer who wants an invoice must ask FiloBlu to issue an invoice on the purchase, pursuant to art. 22 of Italian Presidential Decree no. 633/1972.
2.7 When the above operations are completed, the Customer displays the Order and may change the contents until the button [Proceed with the order] is selected: the Customer must then carefully read and expressly approve these Terms and Conditions of Sale, by flagging the specific check-box present on the Website, and the Customer will then be asked to confirm the Order, which will thus be sent to FiloBlu, by pressing the button ["Proceed with purchase"].
2.8 The Order transmitted by the Customer to FiloBlu via the Website is a contract and is governed by these Terms and Conditions.
2.9 Orders are subject to availability of the Products and acceptance by FiloBlu. FiloBlu reserves the right, at any moment and at its own unquestionable discretion, to refuse an Order, including, for example, cases in which (i) the Products ordered are no longer available on the Website and/or in its warehouses; (ii) FiloBlu discovers an error on the Website relating to the price and/or description of the Products; (iii) the Order cannot be fulfilled due to an error in the information provided by the Customer (such as, for example, the payment or invoicing information or the delivery address); (iv) FiloBlu has reason the believe that the Order has been entered by a minor. FiloBlu also reserves the right to make partial deliveries and/or limit the quantities of Products ordered by the Customer to a number considered reasonably to be for domestic use. In this case, the Customer will only be charged the price of the Products delivered. In all cases in which FiloBlu cannot fulfil an Order, even only in part, or intends to limit the quantities of Products ordered, FiloBlu will contact the Customer via e-mail or telephone, as soon as possible and, in any case, within 30 (thirty) days of the Order being sent on the Website. Any payments made by the Customer will be promptly refunded by FiloBlu, using the same methods used by the Customer to pay for the Products.
2.10 Correct receipt of the Order is confirmed by FiloBlu by sending an e-mail to the Customer, which is sent to the e-mail address indicated by the Customer, confirming the Order (hereinafter, the “Order Confirmation”). The Order Confirmation will contain a copy of these Terms and Conditions, as envisaged by applicable regulations, and also the data entered in the Order by the Customer and a description of the characteristics of the Product(s) ordered, so that the Customer may check them and notify any necessary correction of incorrect data without delay.
2.11 Each purchase contract of the Products is intended as concluded when the Customer receives the Order Confirmation from FiloBlu via e-mail.
3. Prices and payment methods
3.1 The prices of the Products indicated on the Website are to be considered as including taxes and VAT. The Customer is informed of any shipping costs or payment charges beforehand through the Website or these Terms and Conditions. The requirements of Article 4.2 below on possible application of customs duty on shipment of the Products apply in all cases.
3.2 The following payment methods are available:
The Customer can use the Paypal circuit for payment according to the specific methods contemplated by said circuit.
(ii) Credit card
If a credit card is used for payment of the goods, the transaction may go through the Paypal secure server or another secure server chosen by FiloBlu.
FiloBlu will not learn the Customer's credit card information in any case or in any payment phase, as this information is transmitted via a protected connection directly to the website of the bank managing the transaction. Said data is not stored in any computer archive of FiloBlu and FiloBlu therefore cannot be held liable for any fraudulent or improper use of credit cards by third parties at the moment of payment.
(iv) Bank credit transfer
If a bank credit transfer is used for purchase, the bank details for payment will be displayed. Any credit transfer charges and/or foreign currency commission applied by the bank will be paid entirely by the Customer. The goods will only be shipped when the payment is received at the bank.
4. Product delivery and delivery costs
4.1 The products purchased will be delivered to the address indicated by the Customer in the Order within 2 (due) working days of receipt of the Order Confirmation, if the destination is in Italy, oro entro 2 (due) giorni lavorativi dalla ricezione della Conferma d’Ordine, se la destinazione è in territorio UE, ovvero entro 3 (tre) giorni lavorativi dalla ricezione della Conferma d’Ordine per tutte le altre destinazioni, al costo indicato specificamente nel Sito prima dell’invio dell’Ordine. FiloBlu si riserva la facoltà di accettare o meno consegne richieste fuori dai confini italiani o europei. In ogni caso, per consegne da eseguirsi fuori dai confini italiani, le spese di spedizione ed i tempi di consegna potrebbero subire variazioni. I nostri vettori effettuano consegne dal lunedì al venerdì, con esclusione dei giorni festivi.
4.2 For deliveries in non-EU countries, the total price indicated in the Order and summarised in the Order confirmation will include only direct taxes (if applicable) and any shipping costs, so any customs charges and/or import duty will be paid by the Customer. The amount of duties and/or other taxes varies from country to country, depending on the Products and/or their value. The Customer will be solely liable for payment of duties and/or taxes and hereby agrees to pay them, if due, in addition to the price indicated in the Order and confirmed in the Order Confirmation, according to the laws of the country to which the Products will be delivered. The Customer is therefore asked to contact the customs authorities of his/her own country beforehand to check the costs and any importation limits. The Customer acknowledges and accepts that not knowing the costs, charges, duties, levies and/or taxes indicated in this Article 4.2, when the Order is sent to FiloBlu, is not a cause of termination of this contract and FiloBlu may not be charged said costs under any circumstances.
4.3 The delivery times indicated by Filoblu are purely indicative and not binding for FiloBlu, so any delay in them, or a delivery made in successive and split shipments, does not justify the Customer refusing the delivery or demanding compensation or indemnity. FiloBlu therefore may not be held liable for any losses or damages suffered by the Customer as a result of delays in delivery of the Products, unless said delay is the result of wilful misconduct or gross negligence of FiloBlu. For orders made by credit card, an extra working day must be added to the normal shipping times for the normal administrative checks. For orders made by bank credit transfer, the shipping times will be calculated starting from the confirmation of payment.
4.4 The risk of loss or accidental deterioration of the Products will be transferred to Customer when he/she or a person representing him/her and who is not the carrier takes material possession of the Products. However, the risk will be transferred to the Customer when the Products are delivered to the carrier if said carrier has been chosen by the Customer, without prejudice to the Customer's rights with said carrier. For purposes of transfer or risk, refused or late acceptance of the Products by the Customer...
4.5 When the Products are delivered, the Customer must check:
● that the number of packages delivered corresponds with what is indicated on the delivery note;
● that the packaging is complete, undamaged, not damp or altered in any way, including the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or product or non-correspondence of the number of packages or the indications must be reported immediately, by indicating this specifically on the delivery note, which must be returned to the carrier.
Any problems relating to the physical integrity, correspondence or completeness of the products received must be notified within 7 (seven) days of delivery, by sending an e-mail to [email@example.com]. The legal warranty of conformity in favour of the Customer referred to in article 6 below and the right of withdrawal referred to in article 5 below continue to apply in all cases, if the requirements for their application are satisfied.
5. Right of withdrawal - Information
5.1 Pursuant to art. 52 of Leg. Decree 206/2005, as amended by Leg. Decree 21/2014, the Customer may withdraw from the Terms and Conditions and therefore from the purchase contract for any reason, within indicating the reasons and without any penalty, within 14 (fourteen) days of (i) delivery of the Product, or (ii) in the case of purchase of several Products in a single order but delivered separately, from when the last of said Products is delivered.
5.2 In order to exercise the right of withdrawal referred to in article 5.1 above, the Customer must notify FiloBlu of withdrawal, within the times indicated, at the following e-mail address [firstname.lastname@example.org], ovvero utilizzare l’apposito modulo presente sul Sito www.barrett.it/awrma/guest_rma/index/
5.3 In the case of withdrawal, the Customer must, at his/her own expense, return the products to Barrett within 14 (fourteen ) days of said withdrawal, to the following address: Via Gesù 9 20121 Milano Italy. Il suddetto termine sarà rispettato se il Cliente eseguirà la rispedizione prima della scadenza del periodo di 14 (quattordici) giorni, indipendentemente dalla data in cui successivamente i Prodotti saranno effettivamente riconsegnati a FiloBlu. La merce dovrà essere restituita integra, completa di tutte le sue parti e negli imballi originali (buste e confezioni), custodita ed eventualmente adoperata per il tempo strettamente necessario per stabilirne e verificarne natura, caratteristiche e taglia, secondo la normale diligenza, senza che vi siano segni di usura o sporcizia, nel rispetto delle condizioni di seguito riportate:
● the right of withdrawal may be applied to the Product purchased in its entirety; it is not possible to exercise the right of withdrawal solely for a part of the Product purchased (e.g.: accessories, additions, etc...);
● for withdrawal to be possible, the Product must be unopened and returned in its original packaging, complete in all parts (including packaging, any documentation and accessory items, such as labels, cards, tags, seals, etc.);
● the shipping costs (and any customs duties, if present) to return the Product will be paid solely and exclusively by the Customer.
● the Customer is solely and exclusively liable for shipment of the returned Products, up until certified receipt at the warehouse indicated by Filoblu;
● in the case of damage to the goods during transport, FiloBlu will notify the Customer, to allow him/her to submit a claim against the courier chosen and obtain the relative refund; the Product will then be placed at the disposal of the Customer and the withdrawal request simultaneously cancelled;
● FiloBlu may not be held liable, under any circumstances, for damage, theft or loss occurring during or dependent upon shipment for return.
5.4 If the right of withdrawal is exercised correctly and legitimately, FiloBlu will refund the entire amount already paid to the Customer, including delivery costs of paid by the Customer to receive the Products, minus any additional shipping costs pursuant to art. 56, paragraph 2, of Leg. Decree 21/2014 (e.g.: if the Customer has chosen a delivery type other than the most inexpensive available on the Website), no later than 14 (fourteen) days from receipt, by FiloBlu of the Customer's notification of withdrawal, through refund of the amount charged, using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. The Customer will not incur any cost for said refund under any circumstances. FiloBlu may suspend the refund until the returned Product has been received or until the Customer has demonstrated that the Product has been correctly resent, if this occurs first.
5.5 The Customer is liable for any loss in value of the Products resulting from handling other than what is strictly necessary to establish the nature, characteristics and functioning of said Products. Consequently, if the returned Products are damaged (e.g. signs of wear and tear, scrapes, scratches, dents, etc.), not complete in all parts and accessories (including the labels and tags attached to the Product, which must be unaltered and still attached), not accompanied by the instructions/notes/manuals attached, by the original packets and packaging and by the warranty certificate, if present, the Customer will be liable for said lower value of the Product and will only be entitled to a refund of the amount corresponding with the residual value of the Product. For this purpose, the Customer is asked not to handle the Products beyond what is strictly necessary to establish their nature, characteristics and functioning and to cover the original wrapping of the Products with protective packaging which ensures it is not damaged and is protected during transport, including against writing or labels. FiloBlu reserves the right to check the conditions in which the Products are returned after the right of withdrawal is exercised and to inform the Customer via e-mail of any loss in value of the Products resulting from handling other than what is strictly necessary to establish their nature, characteristics and functioning, and to make the refund referred to in Article 5.4 above taking said lower value into account.
6. Legal warrant on conformity
6.1 All the Products sold by FiloBlu via the Website are covered by a 24 (twenty-four) month warranty on non-conformities, from the date of delivery to the Customer, pursuant to Title III of Leg. Decree 206/2005. In order to apply for assistance under warranty, the Customer must keep the invoice, or payment receipt, together with the delivery note.
6.2 The warranty on defects in conformity will only apply if the Product has been used correctly, according to its intended use and the use and washing instructions present in and/or accompanying the Product.
6.3 This warranty will only be valid of the Customer submits any claims on defects and non-conformities within 2 (two) months of discovery, sending the specific form by e-mail [email@example.com] to FiloBlu [www.barrett.it/awrma/guest_rma/index/] or through the contact form [www.barrett.it/contact], correctly filled out and indicating the defect and/or non-conformity discovered, and also the documentation indicated on said return form (at least 1 (one) photograph of the Product, a copy of the Order Confirmation transmitted by FiloBlu and/or the sales receipt).
6.4 FiloBlu will assess the defects and non-conformities claimed by the Customer. After performing the necessary controls to check effective non-conformity of the Product, FiloBlu will reach a decision on whether or not to authorise return of the Products. The Customer will receive a reply from FiloBlu via e-mail, at the address indicated during registration on the Website or on transmitting the Order, containing the “Return code” and the instructions on how to return the defective and/or non-conforming Product. Authorisation to return Products will not constitute any acknowledgement of defects or non-conformities, the existence of which will be ascertained after the Products are returned. The Products for which FiloBlu has authorised return must be delivered by the Customer at his/her own expense, together with a copy of the authorisation for return containing the “Return code”, within 30 (thirty) days of notification of the non-conformity, to the following address: via Gesù 9 20121 Milan Italy.
6.5 If non-conformity of the Product is confirmed, FiloBlu will refund the Customer for the shipping costs paid to return the non-conforming Product and, at no cost to the Customer, will repair the Product or replace it with a new Product, at its own discretion; in this latter case, the non-conforming and returned Product will remain the property of FiloBlu. If, for any reason, FiloBlu is unable to provide the Customer with a product under warranty (repaired or replaced), or repair or replacement of the product would be excessively expensive, due to the value of the product, FiloBlu may reduce the price paid or return the entire amount paid with termination of the contract. The refund will be paid, where possible, using the same payment method used by the Customer on purchasing the Product.
7. Complaints and requests for information
7.1 Any claim or request for information may be sent to FiloBlu at [firstname.lastname@example.org – telephone +39 041 8380002]. The cost of the telephone call varies according to the user's telephone provider.
8.1 The personal data collected when the Order is sent will only be processed by FiloBlu to satisfy the Customer's requests, in accordance with Leg. Decree 196/2003 and the privacy information present on the Website. Any further processing will only be performed with the Customer's express consent.
8.2 The Customer represents and warrants that the data provided to FiloBlu on sending the Order is correct and true.
9. Force majeure
9.1 FiloBlu may not be held liable for total or partial non-fulfilment of its obligations under this contract if said non-fulfilment is caused by unpredictable events and/or natural events beyond its reasonable control, including, but not limited to, natural catastrophes, acts of terrorism, wars, popular revolts, electricity blackouts, general strikes of public and/or private sector workers, strikes and traffic restriction for couriers and aircraft.
10.1 These Terms and Conditions have been prepared in italiano, inglese and French. In the case of divergence between the versions in different languages or doubts over interpretation, the text in Italian will prevail.
11. Applicable law
11.1 The contract of sale to which these Terms and Conditions refer and its fulfilment are governed by Italian law and the rules on conflict and the United Nations Convention on International Sales of Goods are not applied. If the Customer, intended exclusively as a "consumer" according to the Consumer Code, does not intend to bring or accept an action for extra-judicial settlement of the dispute, the court with jurisdiction, on choice of the Consumer, will be either the court in the Customer's town of residence or Padua Court.