Terms of service

 

Barbera Sandro & Figli Snc
Managing Director Mr. Andrea Barbera
Via Trento, 34 – Biella 13900 – Italy

Tel.: 0039 015 403308
E-mail: info@barberabiella.com 

 

Scope

These Terms and Conditions apply to all items for sale and sold by Barbera Biella Snc (“Barbera Biella”) in Barbera Biella’s Online Store (“Online Store”).

 

Offers, Conclusion of Contracts

Offers of items for sale in the Online Store represent an invitation to a customer to place an order only. An order from a customer represents an offer to conclude a contract of sale. Once an order is placed, the customer will receive an automatic electronic confirmation of his order via E-Mail and this will give rise to a contract of sale.

If a product ordered is not available or can't be produced with the available resources, Barbera Biella may withdraw from the contract. In such a case Barbera Biella will inform the customer immediately and if applicable reimburse any monies paid without delay.

During the Online Store order process, the customer can view and correct all data entered in a confirmation window after the order button has been selected.

Customers may conclude contracts of sale in Italian and English.

 

Prices

The prices quoted on the website include statutory VAT. Orders placed from within the EU are not eligible for VAT exemption. Payment is due in full immediately.

 

Transport costs

Shipping and handling costs are not included in the prices quoted on the Online Store unless otherwise stated. When placing an order in the Online Store, the customer is provided with a tool to determine whether shipping and handling costs apply to the order as well as the exact amount.

 

Terms of payment

Payment may be made by credit card (Visa, Mastercard, Maestro) and Paypal. We reserve the right to exclude particular methods of payment. In the case of credit card payments, the credit card will be charged when the order is placed.

 

Cancellation policy

Cancellation Right: The customer may cancel a contract of sale within fourteen days, either by returning the good(s) to Barbera Biella or by delivering written notice of cancellation to Barbera Biella (letter, fax, or e-mail). This period will start the day after receipt of the cancellation notice but not before the customer has received the good(s) (in case of recurring deliveries of similar goods not before receipt of the first partial delivery). To meet the cancellation deadline it is sufficient to dispatch the notice of cancellation or the good(s) punctually. Notice of cancellation must be addressed to Barbera Biella via email at info@barberabiella.com. As per Italian law concerning custom-made and artisanal goods (Art. 55 comma 2, codice del consumo d.gls 6 settembre 2005 ) the cancellation will only be allowed in the case of: wrong numbering (shoe size, foot sole, foot neck) and evident damage (being wrinkles, discoloring, irregular coloring and small imperfections, typical of natural leather).

Consequences of cancellation: In the event of a valid cancellation, both parties must return all good(s) and payments received and any other received benefits (such as accrued interests). If it is not possible for the good(s) to be returned whole and/or in their original condition, the customer must reimburse Barbera Biella for any loss of value of the good(s). This does not apply if the poor condition of the good(s) is the result of an inspection of the good(s) themselves. Goods that can be shipped as a parcel by regular mail are shipped at Barbera Biella’s risk. If the good(s) cannot be shipped by regular mail, then Barbera Biella will arrange for pick-up. Any obligations to reimburse payments must be satisfied within 30 days. The 30 day period begins on Barbera Biella’s part with the receipt of the goods and on the customer’s part with the dispatch of the notice of cancellation or the punctual dispatch of the good(s).

Cost of returning the good(s) in case of cancellation: If a customer makes use of their cancellation right, the customer must bear the regular cost of returning the good(s).

Processing: To ensure that processing of the cancellation is carried out as quickly as possible, customers are asked to phone or e-mail Barbera Biella (info@barberabiella.com). Good(s) must be returned in their entire original packaging, or at least packed appropriately for transport. Customers are asked to obtain signed confirmation of receipt from the transport firm employed to return the good(s) to Barbera Biella, and to keep this confirmation safe.

Miscellaneous: There is no statutory right to cancel orders of goods that are, due to their nature, not qualified for a return.

 

Liability for defects

Barbera Biella’s liability for defects is as provided by Italian law.

 

Delivery times

Delivery time is approximately 25 to 30 days. If delivery times change substantially after an order is placed, Barbera Biella will inform the customer by e-mail. In such a case the customer will be entitled to cancel the contract without incurring any costs.

 

Reservation of title

All goods supplied by Barbera Biella will remain Barbera Biella’s property until full payment has been made and all claims arising out of the contractual relationship settled.

 

Overall liability

Barbera Biella is liable without limit for losses resulting from deliberate action or inaction or gross negligence and for injury to life, limb or health. Regardless of the legal basis of the claim put forward, Barbera Biella is only liable for losses that result from a culpable breach of a substantial contractual obligation. Liability in this case is limited to losses that were possible for Barbera Biella to foresee when the contract was concluded and that are typical for the type of contract in question.

 

Concluding terms

Should any of these Standard Terms and Conditions be invalid, the remainder of the contract will remain valid. The relevant statutory provisions will apply in place of any invalid term.

Italian law applies exclusively, with the provisions of UN law on the international sale of goods being excluded.

These Standard Terms and Conditions apply from October 1, 2013.

 

See also: