These General Conditions of Sale (hereinafter referred to as the "GTC"), together with the conditions of use of the website of use (hereinafter referred to as the "Website Conditions"), contain the conditions governing the use of this website (www.barazzoni.it) and the purchase of the items displayed through the website (hereinafter referred to as the Conditions").
The Seller reserves the right to amend the current GTC at any time. Any changes to the TOS will be effective only for all new orders submitted following the posting of the change on the Website.
Before using this Website and/or placing a purchase order, the Customer is requested to carefully review these Terms, the Cookies Policy and the Personal Data Protection Policy (hereinafter jointly the "Data Protection Policies").
The use of this website or the transmission of an order through it, implies full and unreserved acceptance of these Terms and the Data Protection Policies, so if the Customer does not agree with all of these Terms and the Data Protection Policies, please do not use this website.
The GTC can be printed, downloaded and/or stored by customers.
The Website is intended only for sale to consumers of legal age (hereinafter "the Customer"). Products displayed on the Website are not intended for resale. Orders for quantities exceeding typical personal use are not permitted.
For any inquiries, concerns, or questions regarding the Terms and Data Protection Policies, the Customer may contact the Seller through the Customer support channels indicated in the "Contact Us" section of our Web Site.
The Contract (as defined below) may be executed, at Your option, in either of the two languages (Italian, English) in which the Terms are available on this website.
BARAZZONI S.p.A. is considered the selling party or the "Seller" within the scope of these general terms and conditions of sale. The Seller is the responsible party for any sale concluded through this Website.
BARAZZONI Customer Service is at the complete disposal of the Customer for all issues arising therefrom, including information requests and legal warranty obligations specified below.
The sale of products through this site is managed by Barazzoni S.p.A, with registered office in Invorio, Via Cesare Battisti No. 46, C.F. and P.I.V.A No. 00540880036, e-mail address firstname.lastname@example.org All contact information can be found in the "Contact" section of this site www.barazzoni.it
YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by the user will be processed in accordance with the Data Protection Policies. By using the website, the Customer authorizes BARAZZONI S.p.A. to process such information and personal data and declares that all information and/or personal data provided is accurate and true.
USE OF OUR WEBSITE
By using this website and/or placing orders through it, the Customer:
- Agrees to make use of the web site only to make consultations or legally valid orders;
- Ensures that it does not place false or fraudulent orders. If the Seller has probable cause to believe that an order of this nature has been placed, the Seller shall be authorized to cancel it and inform the proper authorities;
If all the information the Seller needs is not provided, the Seller will not be able to fulfill the Customer's order.
4. Warrants that he/she is of legal age (18 years and older) and has the legal authority to enter into binding contracts.
PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT / ORDER AND ACCEPTANCE
The Customer chooses the products by clicking on the respective images. The chosen products will be placed in the shopping cart, after which the Customers can place their orders by filling in the order form and accepting the current GTC. Before sending an order, the Customer is required to verify the accuracy of the information provided after making any necessary corrections. A purchase order is sent to the Seller when the Customer selects the "Buy" option, shortly after which the Customer will receive an e-mail confirming receipt of the order. Customers can regularly access updated information on the status of their orders through the personal section of the Site / their accounts.
An order submitted by a Customer is an offer to purchase products chosen from the products offered for sale by the Seller. Orders are subject to acceptance by the Seller, which will take place by means of an acceptance e-mail within 10 (ten) calendar days of the submission of the order.
To place an order, the Customer must follow the online purchase process and click "Authorize Payment." Thereafter, You will receive an e-mail confirming receipt of Your order (the "Order Confirmation"). It is understood that this will not imply acceptance of the order since the order constitutes an offer that the Customer makes to the Seller for the purchase of one or more products. The Seller may refuse to accept any order at its discretion.
All orders will be subject to Seller's approval of which Customer will be informed by the sending of an email confirming that the order is being shipped (the "Shipping Confirmation"). The details of the order will be summarized in the shipping receipt attached in the email. The contract for the purchase of a product between the Seller and the Customer (the "Contract") shall be deemed concluded only when the Shipping Confirmation is sent to the Customer.
The Order, once the Customer has placed it, is no longer modifiable or cancellable.
In the event that the Customer wishes to cancel or modify it, he/she will have to wait until he/she receives the Order and, if necessary, exercise the right of withdrawal. If the Order is rejected by the Customer, she will still be charged all shipping costs.
Only the products specified in the Shipping Confirmation shall be the subject of the Contract. Seller shall have no obligation to supply any other product that has not been ordered until it is confirmed in the Shipping Confirmation that such product has been shipped.
All orders, before being processed, are checked for genuineness directly by the relevant credit card issuing institutions for the protection of the Customer. If, for whatever reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The Customer will be informed by automatic e-mail communication.
Communications regarding the payment and the data communicated by the Customer at the time it is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits. Barazzoni spa has relied on Unicredit's payment gateway.
All product orders are subject to product availability. As such, in the event of supply problems, or if items are not in stock, Seller reserves the right to provide Customer with information regarding substitute products of equal or greater quality and value, which Customer may elect to order. If the Customer does not wish to place an order for such replacement products, the Seller will refund any amounts that the Customer may have already paid.
REFUSAL TO PROCESS AN ORDER
The Seller reserves the right to change the assortment of products displayed on the website at any time, possibly by removing any product from this website and/or removing or changing any material or content thereof.
Although the Seller will always make every effort to fulfill all orders, exceptional circumstances may arise that require the Seller to refuse to process orders after the Order Confirmation has been sent. The Seller reserves the right to do so at any time.
The Seller disclaims any liability to the Customer or to any third party for the removal of any product from this website, for the deletion or modification of any material or content on the website, or for the failure to process the order after sending the Order Confirmation.
The Seller reserves the right to cancel a contract of sale with any Customer with whom there is an ongoing dispute or in case he/she has violated the General Terms and Conditions of Sale during a previous purchase.
PRICES AND PAYMENT TERMS
Product prices include VAT, but do not include shipping costs.
The prices of products for sale on the Site are shown in Euros and are the prices in effect at the time the Order is placed by the Customer. They include VAT or other sales taxes applicable in the Seller's country.
The prices shown on the Site do not include delivery charges or any customs duties or sales taxes applicable in the country where the products will be delivered, which are to be added to the total amount payable.
Shipping charges vary depending on the shipping method selected by the Customer when placing the Order and are displayed in the Order summary prior to the Customer's request for Order confirmation.
Seller reserves the right to change the prices of the products displayed on the Website, or to correct any errors or inaccuracies, at any time and without notice. Such change will be notified to the Customer prior to the placing of any Order.
If, prior to accepting an order, Seller discovers an error in the price of products ordered by Customer, Seller will notify Customer as soon as reasonably possible. The Customer will then have the option of reconfirming the order at the correct price or canceling the order. If the Seller is unable to contact the Customer using the contact information provided by the Customer during the order process, the order will be considered cancelled and notice will be given by e-mail.
The Seller shall have no obligation to supply the product(s) to the Customer at the lower price erroneously quoted (even if it has already sent the Shipment Confirmation) if the error in the price was obvious and unambiguous and therefore if it was possible for the Customer to reasonably identify it as incorrect.
PRODUCT SHIPPING METHODS
The total amount of the charges will be visible before proceeding with the confirmation of the purchase.
The shipping costs are different depending on the total amount of the order:
Free delivery to our company stores (Barazzoni factory store) or exclusive dealers (Barazzoni Point)
Free home delivery* orders whose total amount is greater than € 69.90. Charges will be free throughout Italy.
Delivery charges € 7.90 (VAT included) for orders whose total amount is less than or equal to €69.90 (except for any promotions or offers on shipping charges).
Our goods shipped in Italy, are delivered to street level.
* Excludes deliveries destined for Islands, Minor Islands, Free Zones, Venice Lagoon Area, Campione D'Italia, Vatican City and Livigno which will be subject to additional charges. Our goods shipped in Italy, are delivered both at street level.
We ship to all countries within the European Union at the following rates:
Austria - Belgium - France - Luxembourg - Netherlands
Czech Republic - Denmark - Spain - Croatia - Hungary - Ireland - Poland - Sweden - Slovenia
Bulgaria - Cyprus - Estonia - Finland - Greece - Lithuania - Latvia - Malta - Portugal - Romania - Slovakia
Shipping times to Italy are:
- Order delivery within 7 working days
Shipping times for foreign countries vary by country.
N.B.: The preparation and delivery of the order as per the timing listed above may not be guaranteed for purchases made during specific periods characterized by strong promotions and with high discount percentages, in August during the company summer closure, in December/January during the company Christmas closure or for causes not attributable to Barazzoni S.p.A. (e.g. carriers strike). In these cases, BARAZZONI S.p.A. undertakes, as far as possible, to ensure delivery within 14 days from the date of receipt of the order (and in any case no later than 30 days).
All Orders are payable in Euros, including taxes and mandatory contributions. Any bank charges will be the sole responsibility of the Client (even in the case of reimbursement).
ACCEPTED METHOD OF PAYMENT
The methods of payment accepted by the Seller are indicated at the beginning of the order process and are as follows:
- Credit/debit card (Visa, Mastercard, American Express)
- Bancomat Pay
- AccountToPay (bank transfer)
To reduce the risk of unauthorized access, card data will be encrypted.
The charge will be directed at the time of order.
Clicking "Authorize Payment" will confirm that you own the credit card.
Credit cards will be subject to verification and authorization by their issuer. If such entity does not authorize payment, Seller shall not be responsible for any delay or non-delivery and shall not be able to finalize any Contract with Customer.
Purchase invoices, if requested, are sent via email.
Products sold through the Website can be delivered to the following countries: Italy, Germany, Austria, Belgium, France, Luxembourg, Netherlands, Czech Republic, Denmark, Spain, Croatia, Hungary, Ireland, Poland, Sweden, Slovenia, Northern Ireland, Bulgaria, Cyprus, Estonia, Finland, Greece, Lithuania, Latvia, Malta, Portugal, Romania, Slovakia. Orders to be delivered to countries other than those listed unfortunately cannot be accepted. The products will be delivered to the address indicated in the order within the time specified in the order acceptance and in any case no later than 30 days from the date of order as required by current regulations.
BARAZZONI S.p.A. will deliver the selected and purchased products by Express Courier to the address indicated by the Customer when placing the order, as confirmed in the confirmation e-mail.
No delivery will be made to P.O. boxes.
Please note that no home deliveries are made on Saturdays and Sundays.
Delivery will be made only to persons of legal age. The Customer acknowledges that any person at the delivery address is authorized to take delivery.
Subject to the provisions with respect to product availability and except where extraordinary circumstances arise, Seller agrees to use its best efforts to send the order in the relevant Shipping Confirmation by the date indicated.
However, delays may occur for various reasons such as the occurrence of unforeseen circumstances or delivery area.
If for any reason the Seller is unable to meet the delivery deadline, it will notify the Customer and provide options to continue the purchase by setting a new delivery date or to cancel the order, resulting in a refund of the full amount paid.
Orders placed on Saturday and Sunday will be processed on the next available business day, excluding holidays. During periods of business closure (summer closure in August and Christmas closure in December/January), orders will be processed upon reopening.
"Delivery" shall be deemed to have taken place i.e. the order "delivered" through the acquisition of the product(s) by the Customer or a third party designated by the Customer.
In cases of collection from a company store (Barazzoni factory store) and/or a retailer (Barazzoni Point) the Customer will be asked to sign the delivery document.
If the delivery is made at home by courier, the Customer may also be asked to sign electronically.
The risk of loss or damage to the products ordered shall pass to the Customer upon delivery.
In the event that the Seller has communicated a delivery time and delivery was not possible for reasons attributable to the Customer, the Seller reserves the right to charge the Customer for delivery costs and claim additional damages, if any.
INABILITY TO DELIVER
If the Customer arranges to change his or her delivery address after the ordered products have been shipped, he or she will be charged for the cost of the change and the new different delivery, unless the Customer agrees and decides to go to the courier's premises to make the pickup in person.
If delivery cannot take place due to reasons beyond Seller's control, Seller will also contact Customer by e-mail and/or text message, and if after 30 days from the date the order is available for delivery, the order has not been picked up and/or Customer has refused to pick it up, Seller will assume that the order should be considered abandoned. The Customer may contact Customer Service for further information.
If delivery cannot take place for reasons beyond the control of the Seller after 30 days from the date the order is available for delivery, the Seller will assume that the Customer intends to terminate the Contract, which shall therefore be deemed to be terminated. As a result of the termination of the Contract, Customer will be refunded all amounts to be paid, excluding delivery costs (with the exclusion of any additional costs resulting from Customer's choice of a delivery method other than the ordinary method offered by Seller) without undue delay and, in any event, within 14 days from the date of termination of the Contract.
Please note: Transportation resulting from the termination of the contract may have additional costs that will be borne by the Customer.
The goods ordered depend solely on the will of the Customer. If it is refused, BARAZZONI S.p.A. will charge the Customer for round-trip transportation costs.
The shipped goods will be checked and delivered to the shipper intact and without defects. BARAZZONI S.p.A. cannot be held responsible in any way for any delays or damages attributable to the shipper's fault.
SINGLE ORDER, SEPARATE DELIVERIES
The Customer may receive products separately and at separate periods, for which he/she will receive individual Shipping Confirmations.
TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
Risks related to the products will pass to the Customer from the time of their delivery.
PURCHASING AS A GUEST
The function of purchasing products as a guest is also available on this site. With this purchase mode, the Customer will be asked for only those data that are essential to process the order. Upon completion of the essential data, the Customer will be offered the option to register as a user or continue as an unregistered user.
VAT (VALUE ADDED TAX)
In accordance with current regulations, any purchase made through the website will be subject to Value Added Tax (VAT).
RIGHT OF RETURN CUSTOMERS IN THE EUROPEAN UNION
RETURN REQUEST TIMELINE
n.14 days from the date of product delivery.
The Customer has the right to withdraw from this contract within 14 (fourteen) calendar days from the receipt of the products without giving any reason. The withdrawal period will expire after 14 (fourteen) calendar days from the day on which the Customer, or a third party - other than the carrier - who has been designated by the Customer, acquires physical possession of the products.
In the case of goods ordered by means of a single order and delivered separately, in the event of a return, the period granted to the Customer shall commence from the physical acquisition of each product, taking into account the relevant Shipping Confirmation, as set forth in the section Right of Withdrawal by Law.
RETURN REQUEST MODALITY
To exercise the right of withdrawal, the Customer must notify the Seller by sending an email to email@example.com communicating his decision to withdraw from the contract by an unequivocal statement.
The Customer must complete and submit the return form that can be downloaded at the following link: WITHDRAWAL FORM
If Customer exercises this withdrawal option, Seller will notify Customer of receipt of such withdrawal in a durable medium (e.g., by e-mail) without delay. To comply with the withdrawal period, it is sufficient for the Customer to send its notice regarding the exercise of the right of withdrawal before the withdrawal period has expired.
The right of withdrawal must be exercised within the time limit and all returned items must be returned. After assessing the condition of the item(s), the Seller will notify the Customer whether he/she will be entitled to a refund of the amount paid. The refund will be made as soon as possible and in any event within 14 days from the date on which he/she made known his/her intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until the Customer demonstrates that it has returned the goods, whichever is earlier.
The refund will always be made through the payment method used to make the purchase.
Will be borne by the Customer the costs and risks of returning the products, as indicated above.
If you have any questions, you may contact the Seller through the Customer service channels indicated in the ''Contact'' section of the Seller's web page.
RETURN DELIVERY METHOD
Shipping by courier service. Shipping costs borne by the Customer
The products that are intended to be returned must be shipped at the expense of the Customer.
Delivery must take place at the headquarters of Barazzoni spa.
The label must contain the following information:
Via Cesare Battisti, 46.
28045 Invorio (NO)
We recommend that you choose a traceable delivery service so that you can track your shipment at all times.
The right of withdrawal must be exercised within the time limit and all returned items must be returned. After assessing the condition of the item(s), the Seller will notify the Customer whether he/she will be entitled to a refund of the amount paid. The refund will be made as soon as possible and in any case within 14 days from the date on which he/she made known his/her intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until the Customer demonstrates that it has returned the goods, whichever is earlier.
The refund will always be made through the payment method used to make the purchase.
The costs and risks of returning the products, as indicated above, will be borne by the Customer.
If you have any questions, you may contact the Seller through the Customer service channels indicated in the ''Contact'' section of the Seller's web page.
RETURN TO BARAZZONI STORES and BARAZZONI POINTS
At this time, there is no return at Barazzoni factory stores or Barazzoni Point.
Returns must be shipped and delivered to the premises at the address indicated above.
All return costs and risks associated with the transportation chosen by the Customer shall be borne entirely by the Customer without any responsibility or obligation in this regard on the part of the Seller.
The Customer shall return the product together with the receipt or invoice that it will have received with the Shipping Confirmation.
RETURN DELIVERY TIMEFRAME
Within 14 days after the return notice/sending the return form to firstname.lastname@example.org
The Customer shall return the products or deliver them to the Seller without undue delay and in any event no later than 14 (fourteen) calendar days from the day the Customer notifies the Seller of its withdrawal from this contract. The deadline is met if the Customer returns the products before the period of 14 (fourteen) calendar days expires. The Customer shall bear the direct costs of returning the products.
The Customer must return the products in their original condition and with the original packaging in which they were delivered along with any accessories or instruction manuals or accompanying documents. Labels must not be removed.
The Customer shall be responsible for any diminution in value of the products resulting from handling other than what is necessary to establish the nature, characteristics and operation of the products. The Seller may refuse to refund products that are deteriorated, damaged or tampered with, whose labels have been removed, or are in a condition that clearly indicates that the products have been used in a manner other than that permitted by applicable law.
Unless the Seller, after receiving notice of the exercise of the right of withdrawal, has offered to take back the products themselves, the risks of damage or loss of the products during their return are borne by the Customer.
No refund will be made if: 1) the package received contains an incorrect and/or different item from the product that was the subject of the order or to be returned, 2) the product has been used beyond simply being opened, and 3) the products are not in the same condition as they were delivered or have been damaged. Therefore, the Customer should take utmost care in the return operations and take care of the products as long as they are in Your availability and possession.
If the sales contract covers more than one product, the exercise of the right of withdrawal may cover one or more products purchased.
N.B. For the return of defective or nonconforming products, please follow the directions provided above in the appropriate section.
Effect of Withdrawal
If Customer withdraws from the contract, Seller will refund Customer for all payments received, including delivery charges, if applicable, no later than 14 (fourteen) calendar days from the day Seller is informed of Customer's decision to withdraw from this contract, upon verification of the status of the returned Product.
The Seller shall make such refund using the same means of payment used by the Customer for the initial transaction; in any event, the Customer shall not incur any costs as a result of such refund. The Seller may withhold the refund until it has received the products back and verified their condition.
If the Customer has received the application of discount for the purchase of the product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not also with regard to the value of the discount code.
The Customer shall only be liable for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and operation of the Product. In any case, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and explanatory sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.
The Seller has made reasonable efforts to ensure that the product images on the Website are faithful reproductions of the physical products. Although technical solutions have been adopted to minimize inaccuracies, however, there may be some discrepancies (e.g., color, resolution) between the images and the products due to technical limitations. The Seller shall not be held responsible for any inadequacies - resulting from such technical limitations - of the graphical representation of the Seller's products displayed on the Web Site.
CONFORMITY OF PRODUCTS / LEGAL WARRANTY
Upon receipt of the products, the Customer must verify that they correspond to the items ordered and their compliance with the contract.
Any claim for non-conformity must be reported to the Seller at the following address:
email@example.com with a description and photos of the conformity defect, as soon as possible and in any case within 8 days of receipt of the product.
Please note: For repair requests that are not covered by the legal warranty, please contact the Seller's customer service department at the following address: firstname.lastname@example.org
RETURN OF DEFECTIVE OR NON CONFORMING PRODUCTS
The legal warranty is limited to the return or replacement of the product found to be defective. Any other warranty is expressly excluded.
The Customer, or the recipient of the Order, is encouraged to check the condition of the package and products upon delivery.
In case of anomalies of the package (damaged or opened package, trace of liquid, etc.) and/or of the ordered products (missing, defective or damaged products) or in case the Customer believes that at the time of delivery the product does not comply with what is provided in the technical specifications of the product indicated in the contract, he/she must immediately contact the Seller by sending an email to email@example.com indicating the data of the product and the Seller will indicate the procedure to be followed.
Thereafter, the Customer must fill out the Return Form for Defective Products, which can be downloaded at the following link: WITHDRAWAL FORM FOR DEFECTIVE PRODUCTS
In order for the Seller to verify the item, the Customer must prepare the package with the product believed to be defective and its packaging, labels, etc., and the Shipping Confirmation received via email.
The package should be marked ONLINE RETURN.
The Seller will arrange for pickup through a Courier.
The Seller will proceed to carefully examine the returned product and will notify the Customer within a reasonable time of the outcome of the checks made on the good.
In case of lack of conformity of the good, the Seller will offer replacement of the product or refund (as the case may be).
Refund of the amounts or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date the Seller confirmed that it will refund or replace the ineligible item without charge to the Customer.
The amount paid for products that will be returned due to damage or defect, if any, will be refunded in full, including delivery charges incurred in sending the item to and returning it by the Customer. The refund will be made through the method of payment used to make the purchase, unless otherwise agreed.
This shall be without prejudice to all rights granted to consumers under applicable law.
Procedures that must necessarily be followed in the case of obvious damage to the package for its return to BARAZZONI S.p.A.:
In case of anomaly noted in the presence of a GLS or UPS express courier shipping manager:
- Reject the delivery and write on the courier document the set of reservations regarding the anomaly in a clear and detailed manner
- A report regarding the refused pickup should be subsequently forwarded to BARAZZONI SPA via email firstname.lastname@example.org
Procedure that must be compulsorily followed in case of missing, damaged or defective product:
BARAZZONI S.p.A. Customer Service may request information regarding the identity of the Customer or the recipient of the Order and carry out any verification that may be useful. BARAZZONI S.p.A. Customer Service will indicate to the Customer, or to the recipient, the procedure to be followed to return the damaged or defective product, or to obtain the missing products.
Upon receipt of the products, BARAZZONI SPA will verify that such products are indeed defective, damaged or do not correspond to the description provided on the Website. If such verification is positive, BARAZZONI SPA will replace the defective, damaged or non-compliant product and send it to the Customer as soon as possible and in any case within 30 (thirty) working days of receipt of the products. Shipping costs will be borne entirely by BARAZZONI. In the event that BARAZZONI SPA is unable to proceed with the replacement of the products within the aforementioned period, BARAZZONI SPA will immediately notify the Customer at the email address provided at the time of registration of the purchase and will reimburse the Customer for the cost of such products and shipping costs if the Customer provides proof of the cost incurred to return the products. The refund of the price will be made by BARAZZONI SPA in the manner chosen at its discretion as soon as possible, and in any case within 30 (thirty) working days from the date on which it receives the products.
In the event that, after examining the returned products, BARAZZONI SPA reasonably believes that the products cannot be considered defective, damaged, or not in accordance with the description on the Website, the Customer will not be entitled to a refund and the products will remain available for pickup at the Customer's premises at the Customer's expense.
LIABILITY AND DISCLAIMER
Except as otherwise provided in these Terms, Seller's liability with respect to products purchased on our website shall be limited solely to the purchase price of the product in question.
Notwithstanding the foregoing, Seller's liability shall not be excluded or limited in the following cases:
1. Cases of death or personal injury resulting from our negligence;
2. Cases of fraud or fraudulent activity;
3. Any circumstances in which it would be illegal or unlawful for us to exclude, limit, or attempt to limit or exclude our liability.
Notwithstanding the foregoing paragraph and to the extent permitted by applicable law, and except where otherwise provided in these Conditions, we will not accept any liability for consequential damages, such as:
- loss of profit;
- loss of business volume;
- loss of income or loss of contracts;
- loss of expected savings;
- loss of data;
- waste of office administration time.
Because of the open nature of this website and the possibility of errors in the storage and transmission of digital information, Seller does not guarantee the accuracy or security of information transmitted or obtained through this website, except where expressly stated to the contrary.
These provisions do not in any way limit the rights granted to consumers under applicable law.
The Customer declares that he/she has full capacity to act and enter into a contract to purchase products and/or services on the Internet Site on the basis of these General Terms and Conditions of Sale. BARAZZONI shall under no circumstances be required to verify the capacity to act of visitors and Buyers of the Internet Site of BARAZZONI. In the event that a person lacking the necessary capacity to act (e.g. a minor) places an Order on the BARAZZONI Internet Site, without prejudice to the responsibility of his or her parents or legal guardians for such Order and the related payment, BARAZZONI may refuse to accept the Order.
The Customer acknowledges and agrees that all copyrights, trademarks, and any intellectual property rights in the materials or content presented as part of the website are owned by the Seller and those who have licensed us to use them. The Customer may use such materials only in the manner for which he/she receives express permission from the Seller or those who have licensed us to use them. This will not prevent the Customer from using this website to the extent necessary to copy order information or Contact information.
VIRUS, PIRACY AND OTHER COMPUTER ATTACK RISKS
The Customer shall avoid any misuse of this website as well as avoid the introduction of viruses, troyan horses, worms, logic bombs or other programs or materials that may cause technological damage. If unauthorized, you shall not access the website nor the server where it is hosted nor any other server, computer or database related to our website. The Client agrees not to perpetrate DoS attacks against this website.
Failure to comply with this clause could result in violations defined by the relevant legislation. In case of non-compliance with the aforementioned legislation, it will be the Seller's responsibility to inform the relevant authorities with whom he will cooperate to identify those responsible for the perpetrated attack. Similarly, in the event of non-compliance with this Article, the Customer will be immediately withdrawn permission to use the website.
To the fullest extent permitted by applicable law and with respect for the fundamental rights of consumers, Seller disclaims any liability in the event of any damage or loss resulting from a DoS attack, virus or other program or materials that may cause technological damage to Customer's computer, computer equipment, data or materials as a result of using Seller's website or downloading content from it or redirecting the user to it.
LINKS FROM OUR WEBSITE
Where our website contains links to other pages or materials of third parties, such links will be provided for informational purposes only, with no control by Seller over the content or materials contained on such pages or sites. Therefore, we disclaim any liability in the event of any damage or loss resulting from their use.
Applicable law requires that part of the information or communications that Seller will send to Customer be in writing. In using this website, Customer agrees that most communications exchanged with Seller will be in electronic format. The Customer will be contacted by e-mail, or by providing you with information by arranging appropriate notices on this website. For contractual purposes, Customers consent to this electronic means of communication by acknowledging that all contracts, notices, information, and other communications that Seller will provide electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit the rights recognized by applicable law.
All notices addressed to Seller shall be sent through the email address email@example.com
The Seller reserves the right to send any notices to the Customer by e-mail or by mail to the addresses provided at the time of placing the order.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract between Customer and Seller is binding on both parties, as well as their respective successors and assigns.
Customer is prohibited from transferring or assigning in any way the Contract, or any of its rights or obligations, without our prior written consent. Seller shall be entitled to freely transfer, assign, sub-contract or dispose in any manner and at any time of the Contract, or any of its rights or obligations thereunder. For the avoidance of doubt, any transfer, assignment, sub-contracting or other act of disposition of the Contract shall have no impact on Customer's rights as a consumer or shall in no way diminish, reduce or limit any of the warranties or liabilities offered by Seller, expressly or by implication.
Seller shall not be liable in any way for failures or delays in the performance of any of its obligations under the Contract caused by events that are beyond our reasonable control ("Force Majeure Events").
Force Majeure Events means any act, event, failure to occur, omission, or accident beyond our reasonable control; such expression includes but is not limited to the following:
1. Strikes, lockouts or other labor unrest.
2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared and undeclared), or threats of war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
4. Inability to use railways, shipping by sea, air, motor transport or other means of public or private transportation.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations, or restrictions of any government.
7. Any strike, disaster, or accident at sea, post, or other major means of transportation.
It is understood that performance of the obligations under the Contract will remain suspended for the duration of the Force Majeure Events. The Seller shall be granted an extension of time for the performance of the Contract equal to the duration of such period. It is understood that, even during the pendency of Force Majeure Events, the Seller will endeavor to find a solution by which to fulfill its contractual obligations.
If the Seller fails, during the performance of the Contract, to demand the exact performance of any of Your obligations, or any of the obligations under these General Terms and Conditions, or again, fails to exercise any of the rights or actions to which we are entitled under the Contract or these General Terms and Conditions, this shall not constitute a waiver of such rights or actions and shall not relieve the Customer from the performance of the relevant obligations.
Any forbearance on the part of the Seller in the face of a default by the Customer shall not constitute any waiver of the Seller's right to react in the face of a subsequent default.
No waiver by the Customer with respect to any of its obligations under the Contract or these General Conditions shall be valid unless communicated in writing to the e-mail address firstname.lastname@example.org
Should any article of the General Terms and Conditions, or any part thereof, or any of the provisions of the Contract, be held invalid, illegal, or unenforceable by competent authority, such article, clause, or provision shall be deemed not to have been affixed while the other articles, clauses, and provisions shall remain valid to the fullest extent permitted by law.
INTEGRITY OF THE CONTRACT
These Terms and Conditions, and any document expressly referred to in them, represent the entire agreement between Customer and Seller regarding the subject matter of the Contract and supersede any prior agreement, understanding or covenant between of Customer and Seller, whether oral or written.
Both Customer and Seller acknowledge that, in entering into the Contract, no reliance has been placed on any representation, undertaking or promise made by the other party, or inferable from anything said or written during negotiations prior to the Contract, but only on what is expressly stated in these Conditions.
Both Customer and Seller shall have the right to remedy any misrepresentation made by the other party, whether orally or in writing, prior to the date of each Contract (unless such misrepresentation was made maliciously) and the only action the other party may take shall be for breach of Contract as provided in these Conditions.
RIGHT TO MODIFY THESE CONDITIONS
Seller reserves the right to revise and amend these Conditions at any time.
The Customer will be subject to the General Terms and Conditions in effect at the time of the order, unless a change in the General Terms and Conditions or the Data Protection Policies must be made pursuant to law or at the request of a governmental authority (in which case it will also apply to orders already placed).
APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through said website are governed by Italian law.
For any dispute arising out of or relating to the use of the website or such contracts, in the event of legal action, Italian law shall have jurisdiction.
If the Customer is entering into the Contract as a consumer, this clause in no way affects the rights that the law recognizes as a consumer.
REQUESTS, COMPLAINTS, AND THE EUROPEAN PLATFORM FOR ONLINE CONSUMER DISPUTE RESOLUTION (ODR)
For any comments, suggestions, inquiries or complaints, please contact us using the Customer Service channels indicated on our website.
Our customer service will handle requests and complaints received as quickly as possible and, in any case, within the legally stipulated time limits.
If, as a consumer, the Customer believes that his/her rights have been infringed, he/she may address his/her grievances to the Seller via the e-mail address email@example.com in order to solicit an out-of-court dispute resolution.
To this end and in accordance with EU Regulation No. 524/2013 we inform that the Customer has the right to solicit an out-of-court settlement of disputes relating to orders placed through this website through the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr made available by the European Commission for the out-of-court settlement of disputes arising from contracts for goods and services concluded online between consumers and professional.
Privacy and Data Protection
Regarding data processed in connection with Customer orders, the Seller's privacy and data protection notice is applicable and is available at the following link: https://www.barazzoni.it/en/privacy
Seller's failure to solicit Customer's compliance with the terms set forth in the current GTC, or any delay by Seller in taking steps to enforce its rights, shall not be deemed a waiver by Seller of such rights or a tacit modification of the terms of the GTC and shall not prevent Seller from enforcing such rights at a later stage.
The password chosen by the Customer is required to access the personal Account. The password is to be used only by the Customer, who is required to guard it carefully and keep it secret, avoiding sharing the Account with anyone else. The Customer is in any case responsible for any use of his/her Account, even if undue, illegal or not attributable to him/her (e.g., in case of theft of the password) until the blocking request is sent to Barazzoni S.p.A. via an email to firstname.lastname@example.org
Last updated 7/19/2022