TERMS AND CONDITIONS OF SALE E – COMMERCE BARJ BUZZONI SRL
GENERAL CONDITIONS OF SALE
These General Conditions of Sale are drawn up in Italian and discipline the offer and sale of products and/or services on the site www.barjbuzzoni.it (“Site”) as well as, for what is not provided herein, the provisions of the Code of Consumption and Legislative Decree no. 70/2003 and of the civil code.
Before proceeding, make sure you have selected “Italian” or “English” in the menu and a drop-down dedicated to choosing the country.
For Customers wishing to place orders and for different countries, select their name (if applicable) in the “Select your Country” drop-down list and consult the relevant conditions of sale (written in language).
The products and / or services purchased on the site are sold directly by Barj Buzzoni s.r.l. registered office in Italy, Via Oradour 6 / a – 43123 Parma, registered in the Parma Business Register under no. 0574660346; PI. and C.F. 00574660346; R.E.A. Parma n. 139261, with share capital of Euro 49,500.00 int. Vers.
Detailed information about the details to be contacted Barj Buzzoni s.r.l. quickly and to communicate directly and effectively with the same, also in order to request information, send communications, ask for assistance or submit complaints are indicated in the section of the site: Contacts, Customer Service in the personal area after registering on the site www.barjbuzzoni .it.
SCOPE OF APPLICATION AND NAVIGATION ON THE SITE
The offer and sale of the Products on the Site constitute a distance contract governed by Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (e-commerce) and articles 45 and ss. of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and following amendments.
The customer is required to carefully read these General Conditions of Sale, which Barj Buzzoni s.r.l. makes available to you, in pdf format, at the beginning of this section of the Site, and which is allowed to be stored and reproduced, as well as all other information that Barj Buzzoni s.r.l. provides on the Site, both before and during the purchase process.
The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and / or updates to the General Conditions of Sale.
These General Conditions of Sale do not regulate the sale of products and / or the provision of services by parties other than Barj Buzzoni s.r.l. that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. Barj Buzzoni s.r.l. is not responsible for the provision of services and / or for the sale of products by such subjects. On the websites accessible through these links Barj Buzzoni s.r.l. does not carry out any checks and / or monitoring. Barj Buzzoni s.r.l. is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
These General Conditions of Sale are applicable in all States. For Italy, a specific section of the site is associated, the section in English for all other countries.
The Site allows each customer to browse and, with registration, to make purchases in any Country (if any), regardless of the State in which he is physically located at the time he accesses the Site.
When the customer enters the Site, the Site, through the IP address, recognizes the country from which the customer is accessing. In the case of subsequent accesses with the same IP address, the last country selected in the previous session is proposed. The customer will be able to; in any case, at any time, change the country by selecting a different one in the Select your Country section, identifiable by the flag and the name of the corresponding language, present in the header of each page of the Site.
The navigation country is, therefore, either the one chosen by the customer, through the appropriate option or, in the absence of a choice, the one associated with the country from which the customer is accessing the Site.
PURCHASES ON THE SITE
The purchase of Products on the Site is allowed only to those who are 18 years old or older.
The purchase of Products on the Site is allowed both to customers who have the quality of consumers and to customers who do not have this quality. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, the consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. The inclusion of the VAT number during the purchase procedure is considered an indication of the purchase for purposes related to the entrepreneurial, commercial, craft or professional activity carried out.
The purchase of Products on the Site can only take place after registering on the Site.
Registration on the Site is free. To register on the Site, the customer must fill in the appropriate form by clicking on “Login / Register” which is next to the country selection menu.
Registering on the Site allows customers to carry out the following activities:
- Consult the status of your order online and check the “history” of the orders placed (in particular by clicking on the number of each order placed, it is possible to check the complete details of the order, including the products billing address;
- Manage your delivery addresses by speeding up the insertion of new orders;
Furthermore, by accessing your personal area (“Account”), it is always possible:
- Manage the information relating to your personal profile (in particular, you can change the password to access the private area) in the “Account Details” section;
- Change the data relating to the shipping or billing address and / or add new shipping addresses in the “addresses” section;
- Request assistance through “Customer Service” which will send an email to firstname.lastname@example.org
- Download all the catalogs of our collections
- Manage projects created with products in the Online Showroom
The customer guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to keep Barj Buzzoni s.r.l. harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the customer of the rules of registration to the Site or on the conservation of registration credentials.
In case of violation of the prohibitions contained in the current article, Barj Buzzoni s.r.l. reserves the right to take all necessary actions to stop irregularities, including suspension of access to the Site, cancellation of registration or non-acceptance or cancellation of orders.
Barj Buzzoni s.r.l. is a reseller that builds its commercial offer on the goods present in its warehouses, also on the basis of the availability communicated by its suppliers. The Site is constantly updated automatically in order to ensure maximum correspondence between the availability communicated by the suppliers and those indicated on the Site.
Barj Buzzoni Srl while making every effort to ensure that the products on the site are always available, does not guarantee that they are available at the time of receipt of the single order. In this case, the Customer will be sent an e-mail of non-acceptance of the order and the price paid in advance for the product chosen and ordered will be returned, in accordance with the provisions of the Applicable Law, and in the manner provided or by bank transfer or credit on the credit card used for the purchase.
For further information contact email@example.com
INFORMATION FOR THE CONCLUSION OF THE CONTRACT
To purchase one or more Products on the Site, the customer must fill out an order form in electronic format and send it electronically to Barj Buzzoni s.r.l., following the instructions that will appear on the Site from time to time;
Before proceeding with the transmission of the order form, the customer will be able to identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the various stages of the purchase; must also accept the General Conditions of Sale;
The contract, except in the case of payment by bank transfer referred to below, is concluded when the Customer receives an “Order Registration Confirmation” e-mail containing: a summary of the General Conditions of Sale and the special conditions applicable to the contract, the information relating to the essential characteristics of the product purchased, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs;
The order form will be filed in the database of Barj Buzzoni s.r.l. for the time necessary for the execution of the same and, in any case, in accordance with the law. To access your order form, the customer can follow the procedure defined in the “Purchase orders” paragraph.
The languages available to users for the conclusion of the contract are: Italian and English. Customer Service is able to communicate with customers in Italian and English.
AVAILABILITY OF PRODUCTS
Due to simultaneous purchases on the Site, it is possible, for technical reasons, that the Product, even if accompanied by the words “Immediate Availability”, is not immediately available after the order has been sent. In this case, the provisions of the paragraph “purchases on the site” apply.
Each item ready for delivery sold through the “Online Showroom” procedure will carry with it the guarantee of its authenticity and uniqueness. Barj Buzzoni s.r.l. will never make repurchased unique products, ready for delivery, and will not re-propose copies or reproductions of the same in the “Online Showroom”.
The company makes use of the possibility to reproduce without limit and on any medium works and subjects on commission even similar to those offered in the online Showroom.
INFORMATION ON PRODUCTS
Barj Buzzoni s.r.l. will do its best to ensure that the images of the Products published on the Site, accompanying the Brief Description and Details of a Product, represent the Products offered for sale as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product present in the Product Sheet may differ in size or in relation to any accessory products. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will prevail.
The Site may also contain general purchase support information, such as those present, by way of example, purchase guide (if any) or generic information material. This information is intended as simple generic information material, not referable to the real characteristics of a single product. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will prevail.
Barj Buzzoni products currently do not have any recognition system for authenticity, the customer is advised to keep all documentation as proof of purchase.
All the prices published on the Site are the prices to the public consumer, expressed in Euros and are exclusive of VAT.
Customers are informed that, due to various factors, including the commercial policy of the trademark owners, the price of the Products offered for sale on the Site may be different for different countries.
Barj Buzzoni s.r.l. reserves the right to change the price of the Products at any time and also, possibly, several times during the same day, it being understood that the price charged to the customer will be that indicated on the Site at the time of placing the order and that any changes (increase or decrease) subsequent to the transmission of the same will not be taken into account.
Above the Product Sheet, you will find the selling price.
The site shows the price to the public. For some categories of customers, the company reserves the right to create accounts with additional privileges to the basic one, including viewing and exploiting a personalized pricing policy.
It is possible to find Barj Buzzoni products in other stores that can sell the Products permanently or on offer at a lower price than that indicated on the Site.
The customer who made the purchase with registration will be able to access their “Order Summary” and check its status via the My Account section.
Barj Buzzoni s.r.l. reserves the right to refuse orders that come from:
- by a client with whom it has an ongoing legal dispute;
- by a customer who has previously violated the conditions and / or terms of the purchase contract with Barj Buzzoni s.r.l .;
- by a customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;
Barj Buzzoni s.r.l. also reserves the right to refuse orders from customers who have released false, incomplete or in any case inaccurate identification data.
TERMS OF PAYMENT
The payment of the Products purchased on the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and / or the method of delivery or shipment.
The payment methods actually available to the customer in relation to the single product will be specifically indicated during the purchase procedure. Payments with: card linked to PayPal, bank transfer and cash on delivery to the courier, do not include any supplement.
Both in the case of unavailability of the product, and in the case of termination of the contract, or the exercise of the right of withdrawal by the customer with consequent cancellation of the order, the Total Amount Due will be simultaneously re-credited using the same methods used by the Customer for the payment.
The methods of re-credit on the payment instrument connected to the PayPal account depend exclusively on PayPal. Once the amount relating to the purchase made on the PayPal account has been credited, in no case Barj Buzzoni s.r.l. can be held responsible for any damage, direct or indirect, caused by delays in the actual re-credit attributable to PayPal or the banking system.
Payment for the Products purchased on the Site can be made through the PayPal payment solution, based on the terms and conditions of the contract agreed between the customer and PayPal. In the case of payment by PayPal, the amount relating to the purchase made will be charged by PayPal immediately, at the same time as the conclusion of the contract.
In order to ensure the security of payments made on the Site and prevent any fraud, Barj Buzzoni s.r.l. reserves the right to ask the customer for additional information (for example, landline phone number, or a front / back copy of a valid identity card by e-mail or fax).
The deadline by which the document must reach Barj Buzzoni s.r.l. will be specified in the e-mail request. This term will not, in any case, exceed 4 days.
Pending receipt of the requested document, the order will be suspended.
In the case of a request, the customer is required to send the requested documents within the specified deadline. In the event that Barj Buzzoni s.r.l. does not receive these documents within the deadline specified in the e-mail request or receives expired or invalid documents the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, and the order consequently canceled, without prejudice to the right of Barj Buzzoni s.r.l. to compensation for any damage that may have been incurred due to the non-compliant behavior of the customer. The termination of the contract, of which the customer will be notified by e-mail, no later than 4 days from the deadline for sending the documents requested by Barj Buzzoni srl, will result in the cancellation of the order and the refund of the amount. .
In the event that Barj Buzzoni s.r.l. receives the requested documentation within the deadline indicated, the delivery terms applicable to the Product will start from the date of receipt of the documentation.
The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Barj Buzzoni s.r.l. Barj Buzzoni s.r.l. it is therefore not able to know and does not store in any way the data of the credit card connected to the customer’s PayPal account or the data of any other payment instrument connected with this account.
ADVANCE BANK TRANSFER
Payment for the Products purchased on the Site can be made by the Customer, using the bank details indicated on the site in the “Methods of payment,” by advance bank transfer of which the Customer must provide proof to be attached to the purchase order.
In the case of payment by bank transfer in advance, the contract will be concluded only from the date of crediting the sums to the current account in the name of Barj Buzzoni s.r.l. and not from the date of receipt of the “order confirmation” email as happens if the customer chooses other payment methods.
To facilitate the connection between the payment received by bank transfer and the order placed, the customer is asked to indicate in the reason for the bank transfer:
- the order reference number;
- the date the order was placed;
- the name and surname of the order holder, if different from that of the holder of the current account from which the transfer comes.
METHOD, EXPENSES AND TERMS OF DELIVERY
The delivery of the Products is carried out in all the states indicated in the premises of these General Conditions of Sale to the shipping address indicated by the customer in the order form. Delivery, however, can only be made within the borders of the state associated with the country in which the customer is browsing at the moment in which the purchase process begins by adding a Product to the cart.
The customer is therefore obliged to enter a shipping address in the order form that is within the borders of the state associated with the country of purchase. Orders that contain the indication of a shipping address outside these borders will be canceled pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the total amount due will be refunded, if already paid.
Unless otherwise agreed, the supply of goods is understood to be Ex Works (EX Works – INCOTERMS currently valid).
The delivery terms indicated in the Order Confirmation are not essential terms, unless otherwise agreed in writing.
Force majeure (any circumstances beyond the seller’s control such as, fires, floods, strikes, breakdowns and breakdowns in manufacturing plants, roadblocks, delays or defects in subcontractor deliveries due to any circumstances referring to this clause) or other exceptional or unforeseeable circumstances that occur towards the Company or its suppliers (such as, by way of example, production delays, non-conformity of the product with respect to the technical data sheet detected following specific analyzes at accredited laboratories etc.) the terms for delivery, without any responsibility for the Company.
In the event of a customer as a Consumer, if there is a delay in the delivery of the goods exceeding 30 (thirty) days, which does not depend on force majeure or other unforeseeable events, the Purchaser is obliged to contest this delay in writing . to the Company, which will have a further 30 (thirty) days to make the delivery.
No right to compensation for damage will be granted to the buyer for delay in delivery that does not depend on causes attributable to Buzzoni Srl.
The risk of deterioration or damage to the goods passes to the buyer from the moment the goods leave the Company’s premises, or on delivery to the shipper / carrier or to the same buyer who collects the goods supplied.
Following the passage of risks, the Company is not liable for the loss or any other damage that may arise to the goods.
Considering the nature of the Product and the meticulous care required for its correct packaging, the company can take up to 10 days to process the products ready for delivery.If the product is on commission, not available, it requires customization by part of the customer or is not in the state of “prompt delivery”, the company can take up to 30 working days to process the order unless otherwise indicated by Customer Service or by email that can be contacted on the contact section.
In all cases, the various indications communicated personally to the customer through the corporate communication channels are valid.
Shipping is always charged to the customer both in cases of single / multiple orders, even in the case of withdrawal or termination.
However, the company has a calculation system in order to make shipping costs on individual orders fairer. In this regard, the customer can request confirmation if the shipping costs paid by him are in line with the program.
All shipments are handled by third party couriers
Delivery can also be made in the so-called “Free zones”, including, by way of example, the towns of Livigno, Campione d’Italia, Ahvenanmaan lääni (FI), Açores, Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (ES), Isole Channel (UK) but not at post office boxes or post offices. In the event that the shipping address is at a post office box or post office, Barj Buzzoni s.r.l. will proceed to terminate the contract pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the refund of the total amount due, if already paid. In case of doubts about the destination, the customer is invited to ask for information by means of a report to be made by accessing the section of the Site: Contacts or email to firstname.lastname@example.org.
The amount (including VAT) of these expenses, which may vary in relation to the delivery methods chosen by the customer, as well as in relation to the destination, number and weight / volume of the Products that the customer decides to purchase, will be expressly and separately indicated in relation to the individual Product in the Product Sheet and, in any case, before the customer sends the purchase order. This amount will finally be reported in the e-mail of “Order registration confirmation” and “Shipping confirmation”.
Where applicable, the charges and customs duties are charged to the customer, which will not be reimbursed in the event of termination, for any reason, of the purchase contract. In any case, the sum due by way of non-refundable customs duties and duties in the event of termination of the purchase contract will be explicitly indicated in the purchase procedure, before the customer sends the order.
In the order summary and, therefore, before the customer proceeds with the transmission of the same, the total price of the order will be indicated, with separate indication of the delivery costs and any other additional costs. This total, which will also be indicated to the customer in the “Order Registration Confirmation” e-mail, will constitute the total amount due by the customer in relation to the order. Nothing more is due by the customer than this amount.
The company will never reimburse shipping costs or other charges except at its discretion.
The delivery of the order is intended at street level, except:
- different communication from Barj Buzzoni s.r.l Customer Service;
- as provided in the Product Sheet of the Product;
- the purchase of the delivery service to the floor, where provided.
It is possible to purchase “Additional delivery services”, where possible. The list of “Additional delivery services” available in relation to the individual Product, their detailed description as well as the exact indication of their cost (in Euros and VAT included) will be provided in the Product Sheet or during the purchase process as it is often the availability and the cost of the service linked to the destination of the goods.
In the event that delivery “to the home floor” proves impossible due to lack of the size requirements of the stairs and doors specified in the Product Technical Data Sheet or communicated by Barj Buzzoni s.r.l. Customer Service, the Courier will deliver the Product to the street level.
The customer is recommended to check at the time of delivery:
- that the number of packages delivered corresponds to what is indicated in
- the transport document sent in advance via e-mail;
- that the packaging is intact, not damaged, wet or otherwise altered;
- that the sealing materials (adhesive tape or plasticized straps) have not been tampered with in any way.
Furthermore, in his interest, the customer is invited to report any damage to the packaging or the mismatch in the number of packages by affixing “WRITTEN CONTROL RESERVE” and specifying the reason for the reservation (eg “laundry package”, “crushed packaging “, Etc.) on the courier’s proof of delivery.
The customer is required to report any particular characteristics relating to the place of delivery of the Product and / or its location. In the event that he does not provide such information or provides incorrect information, any additional costs that will become necessary to complete the delivery of the Product will be at his expense.
In the event of failure to indicate the delivery term, this will in any case take place within thirty days from the date of conclusion of the contract.
To resolve some logistical or other problems that may arise in relation to delivery, it may be necessary to contact the customer.
In any case, at the time Barj Buzzoni s.r.l. entrusts the shipment to the courier, the customer is notified by an SMS and an e-mail of “Order completed”. This e-mail contains all the details in relation to the delivery: list of Products shipped, amount due, specific forms of payment accepted by the Courier in charge of delivery, Tracking number of the shipment linked to the courier’s website (if available).
Only in the case of a consumer customer:
In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the Order Registration Confirmation e-mail, the customer, pursuant to art. 61 of the Consumer Code, can invite Barj Buzzoni s.r.l. to make the delivery within an additional deadline appropriate to the circumstances (“Additional Deadline pursuant to Article 61, paragraph III of the Consumer Code”).
If this Additional Term expires without the Products having been delivered, the customer is entitled to terminate the contract (“Termination of the contract pursuant to Article 61, paragraph III, Consumer Code”), the customer is not burdened by the to grant to Barj Buzzoni srl the term
Supplement pursuant to art. 61, paragraph III, Consumer Code (“Cases Excluded”) if:
- Barj Buzzoni s.r.l. has expressly refused to deliver the Products;
- compliance with the delivery deadline indicated during the purchase process and in the “Order Registration Confirmation” e-mail must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
- the customer has informed Barj Buzzoni s.r.l., before the conclusion of the contract, that delivery by a specified date is essential.
In the cases of exclusion, if the customer does not receive the products within the delivery time indicated during the purchase process and in the “Order Registration Confirmation”, he is entitled to immediately terminate the contract, and Barj Buzzoni s.r.l. will refund the customer the Total Amount Due without undue delay. The reimbursement will take place in the manner indicated in the “Payment Methods” section, as applicable.
In the event that the customer does not proceed with the request for setting the Additional Term pursuant to art. 61, III, Consumer Code or, even if the conditions are met, the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in the Excluded Cases, Barj Buzzoni s.r.l., undertakes, in any case, to:
Promptly notify the customer by e-mail of the delay in delivery, at the same time indicating the new delivery deadline;
RIGHT OF WITHDRAWAL
Without prejudice to the exclusion of the right of withdrawal in relation to the hypotheses referred to in art. 59, Legislative Decree 206/2005, Pursuant to articles 52 and ss. of the Consumer Code, only the customer who holds the quality of consumer has the right to withdraw from the purchase contract of the Product without incurring costs other than the direct ones for returning the goods, as provided for in this section and without giving any reasons, within the deadline of fourteen working days (“Withdrawal Period”). :
Without prejudice to Article 53, the withdrawal period referred to in paragraph 1, for the part concerned here, ends after fourteen days from:
from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods or:
- 1) in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;
- 2) in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;
To exercise the right of withdrawal, the customer must inform Barj Buzzoni s.r.l., before the expiry of the Withdrawal Period, of his decision to withdraw.
To this end, the customer can:
- (a) use the standard withdrawal form (“Paper Withdrawal Form”) provided by Barj Buzzoni s.r.l. The duly completed Paper Withdrawal Form must be sent to Barj Buzzoni s.r.l., before the expiry of the Withdrawal Period, to the address or fax number indicated on it. The customer has exercised his right of withdrawal within the Withdrawal Period, if the Paper Withdrawal Form is sent by the same before the expiry of the Withdrawal Period;
- (b) submit any other explicit declaration of your decision to withdraw from the contract (“Declaration of Withdrawal”). The Declaration of Withdrawal must be sent to the following addresses: by fax to +39 0521 240905, or by registered mail to Barj Buzzoni s.r.l. Via Oradour 6 / A, 43123, Parma (PR). In the event that the customer makes use of the Declaration of Withdrawal, he is invited to indicate in the Declaration of Withdrawal the order number, the Product (s) for which he / she intends to exercise the right of withdrawal and its address.
The customer has exercised his right of withdrawal within the Withdrawal Period if the Declaration of Withdrawal is sent by the consumer before the expiry of the Withdrawal Period. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the customer, it is in the customer’s interest to use a durable medium when communicating to Barj Buzzoni s.r.l. your withdrawal.
The Product, properly packaged and protected and complete in all its parts (labels, pendants, envelopes, photographs …), must be sent to Barj Buzzoni s.r.l. without undue delay and in any case within the term of 14 calendar days from the date on which the customer communicated to Barj Buzzoni s.r.l. your decision to withdraw. The deadline is met if the customer sends the Product before the expiry of the 14 day period.
The Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the customer on the Site before the conclusion of the contract, via the “Right of Withdrawal” link and attached to the Order Registration Confirmation email.
The customer is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product may be tried, tested or verified but must not have been used, washed or damaged; must therefore be kept with normal diligence and returned intact, perfectly suitable for its intended use and free from signs of wear or dirt, complete in all its parts, accompanied by all accessories and leaflets, with identification tags, labels and the disposable seal, where present, still attached to the Product and intact and not tampered with.
The Products sold on the Site are original and are shipped in their authentic packaging, if available; during the return phase, the Products must be returned as received, in their original packaging, and including any accessories (eg logos, stickers, materials, documents, parts of the work …) and / or elements that form an integral part of them (eg : identification tag with disposable seal, identification system).
Furthermore, the withdrawal applies to the Product in its entirety. It cannot be exercised in relation to parts and / or accessories of the Product.
The customer must return the Product to Barj Buzzoni s.r.l. using a carrier of your choice. The direct costs of returning the Product are charged to the customer. For the purpose of returning the Product within 14 calendar days from the date on which the customer communicated to Barj Buzzoni s.r.l. his decision to withdraw, the customer can use, at his choice and without prejudice to the right to follow the return procedure provided for in the preceding paragraph, of the alternative return procedure by means of the courier indicated by Barj Buzzoni s.r.l. In this case, the customer must use the pre-filled label that Barj Buzzoni s.r.l. sent him by e-mail after he communicated his withdrawal. The label will be attached to the package containing the Product that the customer intends to return, taking care that it covers the label relating to the shipment with which the package was delivered to the customer. The user can then contact the courier indicated by Barj Buzzoni s.r.l. by email with the relevant telephone number and any call costs, to book the collection of the package and agree on the date and place of collection. The shipment takes place under the responsibility of Barj Buzzoni s.r.l., but the direct costs of returning the Product to Barj Buzzoni s.r.l. are the responsibility of the user; these costs could be similar to those incurred by the customer to receive the Product and will be directly withheld by Barj Buzzoni s.r.l.
If the customer withdraws from the contract, Barj Buzzoni s.r.l. will reimburse the sums paid by the customer for the Product, excluding the amount paid for any purchase of “Additional Services” other than delivery, without undue delay and in any case no later than 14 calendar days from the day on which Barj Buzzoni srl was informed of the customer’s decision to withdraw from the contract. Where applicable and explicitly indicated during the purchase process, customs duties and taxes are charged to the customer, which will not be reimbursed in case of exercise of the right of withdrawal. According to the provisions of art. 56, paragraph III of the Consumer Code, Barj Buzzoni s.r.l. may suspend the refund until receipt of the Products or until the customer demonstrates that he has shipped the Products, if earlier, except in the case in which the customer uses the method of return by courier, referred to in paragraph that comes before.
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and, in particular, in the event that the Product is not intact in all its parts and / or accompanied by its accessories and / or elements that constitute it integral part (eg: identification tag, disposable seal, hangers, belts, cables, batteries, manuals …), it will not result in the termination of the contract and, consequently, will not give the right to a refund of the amount paid by the customer for the Product. Barj Buzzoni s.r.l. will notify the customer by e-mail within 5 working days of receipt of the Product, rejecting the request for withdrawal. If the Product has already been received by Barj Buzzoni s.r.l., it will remain at the same at the customer’s disposal for collection which must take place at the expense and under the responsibility of the customer.
In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced. of an amount equal to this decrease in value. The circumstance and the consequent reduced refund amount Barj Buzzoni s.r.l. will notify the customer, by e-mail, within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the customer due to the decrease of value of the Product.
LEGAL GUARANTEE OF CONFORMITY
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Legislative Decree n. 206/2005 (“Consumer Code”) (“Legal Guarantee”).
WHO IT APPLIES TO
The Legal Guarantee of Conformity is reserved exclusively for consumers. Therefore, it applies only to Customers who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
WHEN IT APPLIES
The seller (and, therefore, with regard to purchases made on the Site, Barj Buzzoni s.r.l.) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. From the seventh month following the delivery of the product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
Our products are always checked through the QC (Quality Control) before each shipment. If imperfections are found, the customer will always be notified.
In order to take advantage of the Legal Guarantee, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that the Customer, for the purposes of this proof, keep the purchase invoice, which Barj Buzzoni s.r.l. sends them via e-mail in PDF format as well as the DDT or any other document that can certify the date of the purchase (for example, the credit card statement or the bank statement).
WHAT IS THE CONFORMITY DEFECT
There is a lack of conformity when the purchased good:
it is not suitable for the use for which goods of the same type are usually used;
does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
it does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labeling;
it is not suitable for the particular use desired by the consumer and that it has been brought to the attention of the seller at the time of the conclusion of the contract and that the seller has accepted.
Any failures or malfunctions caused by accidental events or by the Customer’s responsibility or by use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.
Also to be taken into account are those that can be defined by the customer as slight imperfections. Considering the nature of the product, many can actually be an integral part of the artistic product itself, of its past and of how the artist has deliberately decided to portray it. The lack of conformity is such if the product has serious deficiencies as requested by the customer.
Please note that the pieces are sold as they appear on the site and all imperfections are to be considered an integral part of the artistic product.
Barj Buzzoni does NOT intervene on the product after the photoshoot proposed on the site. The company takes care to ship the work intact as it is and complete with all the accessories that compete with it.
The company is in no way responsible for alterations to the work during shipment, transport and assembly of the same.
REMEDIES AVAILABLE TO THE CONSUMER CUSTOMER
In case of lack of conformity duly reported within the terms, the Customer has the right:
- primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
- secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of price or termination of the contract, at your choice.
The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to the alternative remedies that can be tried, taking into account:
- the value that the asset would have if there was no lack of conformity;
- the extent of the lack of conformity;
- of the eventuality that the alternative remedy can be carried out without significant inconvenience to the consumer.
WHAT TO DO IN THE PRESENCE OF A CONFORMITY DEFECT
In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the Customer must send Barj Buzzoni s.r.l. specific communication, using the Online Assistance Service from within your “Order Summary” which can be reached through the “Order History” section (those who have placed the order without registration, will be able to access their “Order Summary”, through the instructions contained in the section “Customer Service”).
Barj Buzzoni s.r.l. reserves the right to ask the Customer to attach the purchase invoice and / or DDT or other document proving the date of the purchase to the request. The Customer Service will promptly reply to the Customer’s communication, indicating which next steps he must take.
ADDITIONAL PAID ASSISTANCE SERVICES
There are no additional assistance services.
CUSTOMER SERVICE AND COMPLAINTS
It is possible to ask for information, send communications, request assistance or submit complaints by contacting Barj Buzzoni s.r.l. Via Oradour 6 / a – 43123 Parma or through the Website by accessing the Contacts section, Barj Buzzoni s.r.l. will respond to complaints by e-mail or post within a maximum of 5 working days.
APPLICABLE LAW AND JURISDICTION
The purchase contract concluded on the Site is governed by Italian law.
This is without prejudice to the application to consumer customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right. of withdrawal, at the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the customer resides or has elected domicile is competent, if the latter is a consumer, as defined by the Consumer Code.
The customer who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims disputes. , by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website eur-lex.europa.eu.
In the case of Buyers not falling within the “Consumers” category pursuant to and for the purposes of Legislative Decree 206/2005, the Court of Parma has exclusive jurisdiction.
Privacy legislation and personal data processing
The Buyer’s personal data will be processed in accordance with the provisions of the law on the processing of personal data (Legislative Decree 196/2003, Regulation (EU) 2016/679). The company informs the Buyer that the Company is the data controller and that the Buyer’s personal data are collected and processed exclusively for the execution of this agreement.
The invalidity in whole or in part of individual provisions of these General Conditions of Sale does not affect the validity of the remaining provisions.