These General Conditions of Sale have as their object the purchase of Luca Barra ® products made remotely via computer network on the site lucabarra.it belonging to Luca and Paolo Barra SRL , based in Via Acquasanta 19, 84099 (SA) Each purchase transaction will be governed by the provisions of Legislative Decree no. 185/99, Legislative Decree no. 206/05; the information directed to the conclusion of the contract will be subject to art. 12 of Legislative Decree no. 70/03 and, as regards the protection of confidentiality, will be subject to the regulations of Legislative Decree no. 196/03.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
Contracts for the sale of products on the site lucabarra.it are considered concluded when the purchase order placed by the customer is received by Luca e Paolo Barra SRL and the latter accepts it. Luca and Paolo Barra SRL will promptly send to the customer receipt of the purchase order placed by the customer. The customer, by sending his purchase order electronically, declares that he has read and accepted these general terms and conditions and undertakes to observe and comply with them in his dealings with Luca e Paolo Barra SRL
PROCESSING OF PERSONAL DATA
Luca e Paolo Barra SRL pursuant to art. 13 of Legislative Decree 196/2003 informs that personal data and tax data acquired even verbally in reference to business relationships established, provided directly by interested parties, or otherwise acquired as part of the company's activities, will be processed in compliance with the regulations referred to, including the obligations of confidentiality provided by them In relation to the aforementioned may be exercised the rights under Article 7 Legislative Decree 196/2003.
OBLIGATIONS OF THE CLIENT
The Customer is required, before submitting his purchase order, to read carefully these general conditions of sale. The submission of the purchase order implies their full knowledge and acceptance. Finally, the Customer is obliged, once the online purchase procedure is completed, to print and keep these general conditions of sale, already viewed and accepted during the conclusion of the contract.
By placing an order online, the Customer transmits to Luca e Paolo Barra SRL a proposal to purchase the product and/or products placed in the shopping cart. When the Customer places an on-line order for the products he or she has placed in the shopping cart, he or she agrees to purchase them at the price and terms indicated in these General Terms and Conditions of Sale.
Luca e Paolo Barra SRL will notify the Customer of the acceptance and confirmation of the order.
MODE OF PURCHASE
The customer purchases the product, the characteristics of which are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein to which the delivery costs specified on the site are added. Prior to the submission of the purchase order, the unit cost of each selected product is summarized, the total cost in case of purchase of several products and the relevant delivery costs. Once the purchase order has been forwarded, the customer will receive from Luca e Paolo Barra SRL an e-mail message confirming receipt of the purchase order and containing information relating to the main characteristics of the goods purchased, a detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of contract and information about the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site. Following the approval of Decree Law No. 223 of July 4, 2006 "maneuver bis" Art. 37 paragraphs 8 and 9, converted with Law 248 of August 4, 2006, which came into force on August 12, 2006, by which the obligation to communicate the list of customers and suppliers in case of invoice issuance is reinstated, and Decree Law 78 of May 31, 2010 converted into Law 122 of July 30, 2010, imposes the need to require customers to communicate VAT NUMBER and TAX CODE in the appropriate fields on the site.
The customer can make the payment due by choosing one of the following listed methods.
- Payment with Scalapay: If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorize such assignment.
- Payment by credit card: In the event that the consumer intends to make payment by credit card, he/she may use the payment procedure with PayPal, which is suitable for ensuring the confidentiality of data provided by customers. For any information and further Legal Agreements, the Customer is referred to www.paypal.com.
- Payment by bank transfer: If payment is made by bank transfer, the purchased goods will be shipped in the manner described in the following paragraph "Delivery of Products", to the address indicated by the customer upon receipt of the credit, then on average within two to five days after making the transfer (the timing varies depending on the Credit Institute used). To facilitate the process can be sent the payment receipt together with your order number via e-mail to: firstname.lastname@example.org
DELIVERY OF PRODUCTS
The purchased goods, together with the relevant invoice, are delivered by courier to the address specified by the Customer when ordering online. Any specific needs must be prospected by the customer to Luca e Paolo Barra SRL . In case of non-delivery due to the absence of the recipient, at the address specified by him in the order, the courier will leave a notice and try a second time; if the recipient is still absent, the goods will be returned to the sender (Luca e Paolo Barra SRL ).
WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS
Luca e Paolo Barra SRL shall be liable for any lack of conformity that becomes apparent within two years of delivery of the goods. For the purposes of this contract, consumer goods are presumed to conform to the contract if,where relevant, the following circumstances coexist: (a) they are fit for the use for which goods of the same type are ordinarily used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (c) they have the quality and performance usual for goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on the labeling; (d) they are also fit for the particular use intended by the consumer and which was brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted even by conclusive facts. The consumer forfeits all rights if he fails to report the lack of conformity to the seller within two months from the date on which the defect was discovered. Reporting is not necessary if the seller has acknowledged the existence of the defect or concealed it. In any case, unless proven otherwise, defects of conformity that become apparent within six months of delivery of the goods shall be presumed to have existed on that date, unless such presumption is inconsistent with the nature of the goods or the nature of the defect of conformity. In the event of a lack of conformity, the consumer may request, alternatively and without cost, under the conditions set out below, the repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for Luca e Paolo Barra SRL under Article 130, paragraph 4, of the Consumer Code. The request must be made in writing, by registered letter with acknowledgment of receipt or by certified e-mail to Luca e Paolo Barra SRL , which will indicate its willingness to carry out the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, where Luca and Paolo Barra SRL has accepted the consumer's request, it shall indicate the method of shipment or return of the good as well as the deadline for the return or replacement of the defective good.If the repair and replacement are impossible or excessively expensive, or Luca and Paolo Barra SRL has not repaired or replaced the good within the period referred to in the preceding paragraph or, finally, the replacement or repair previously carried out have caused significant inconvenience to the consumer, the consumer may request, at his option, an appropriate reduction in price or termination of the contract. In this case, the consumer must send his request Luca and Paolo Barra SRL , which will indicate its willingness to give effect to the same, or the reasons that prevent him from doing so, within seven working days of receipt.In the same communication, where Luca and Paolo Barra SRL has accepted the consumer's request, it must indicate the proposed price reduction or how to return the defective good.It will be in such cases the consumer's responsibility to indicate how to credit the sums previously paid Luca and Paolo Barra SRL .
RIGHT OF WITHDRAWAL
In any case, the Buyer has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.In the event that the professional has not fulfilled its obligations to provide information on the existence, manner and timing of return or collection of the goods in case of exercise of the right of withdrawal referred to in Art. 52 of the Consumer Code, the deadline for the exercise of the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the consumer.In the event that the Buyer decides to exercise the right of withdrawal, he must notify the seller by e-mail at email@example.com, provided that such communications are confirmed.For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that within the same terms. It will be authentic between the parties the date of delivery to the post office or forwarding agent.The return of the good must in any case be made no later than 30 (thirty) days from the date of receipt of the good itself. In any case, in order to be entitled to a full refund of the price paid,the goods must be returned intact and, in any case, in normal state of preservation.The Supplier will refund the full amount paid by the Purchaser free of charge within 30 (thirty) days from the receipt of the notice of withdrawal.With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to what is providedai previous points of this article.
MODALITIES FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within the aforementioned period, a written notice to the address of Luca e Paolo Barra SRL by e-mail If the goods have been delivered, the customer must return them to Luca e Paolo Barra SRL within 15 (fifteen) working days from the date of delivery of the goods. The good must be returned to Luca e Paolo Barra SRL complete with every part and any accessories or instruction manual and everything originally delivered to the customer, as well as packaged in its original wrappings. A copy of the electronic receipt of the order must be attached to the returned product. The cost of returning the goods to Luca e Paolo Barra SRL shall be borne by the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, Luca and Paolo Barra SRL is obliged to refund the sums paid by the customer. In particular, Luca e Paolo Barra SRL will proceed free of charge to the transmission of the re-credit order relating to the cost of the goods shipped including shipping costs within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the customer. This will be done by PayPal refund where possible or by crediting the amount to the bank account indicated by the customer. Luca e Paolo Barra SRL has the right to reject any product returned by means other than those specified above, as well as products for which the customer has not fully paid the cost of return, or has not complied with the procedures and timeframes indicated for the communication of the exercise of the right of withdrawal.
EXPRESS TERMINATION CLAUSE
In case of total or partial non-payment of the purchase price of the good Luca e Paolo Barra SRL reserves the right to declare pursuant to and for the purposes of Article 1456 of the Civil Code terminated this contract by sending a written notice to the electronic address of the customer.
For any complaints or clarifications, the customer should write to the e-mail address firstname.lastname@example.org
The customer will be contacted for clarification within 3 (three) working days of the request.
APPLICABLE LAW AND JURISDICTION
All disputes arising from this contract will be devolved to an attempt at conciliation at the Mediation Body of the Chamber of Commerce of Bergamo and resolved according to the Conciliation Rules adopted by the same.If the Parties intend to bring an action before the ordinary Judicial Authority, the competent court is that of the place of residence or elective domicile of the consumer, which is mandatory under Article 33, paragraph 2, letter u) of the Consumer Code.
This contract is governed by Italian law.19.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases envisaged in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980.19.3 Pursuant to Article 60 of the Italian Civil Code, the regulations contained in Part III, Title III, Chapter I of the Italian Civil Code are expressly referred to herein.