Conditions of Sale
Date of publication on the website and coming into force 06/04/2022
1.1. These general sales conditions are applied for purchasing products branded “Barbed” (herein after “Products”) through e-commerce website www.barbed.it/en/shop-barbed-en/ (herein after the “Website”) by users classified as “Consumers’’ pursuant to following article 1.2. The website, owned by Barbed S.r.l. Unipersonale, with social office in Scandicci, Firenze, Via del Padule 64/a, share capital Euro 10.000,00 i.v., tax code, VAT number and registration number IT06395620484 (herein after “Owner”). In case one or more purchases were made by a subject not qualified as Consumer , the present conditions of sale would be applied with the exceptions in paragraph 1.6.
1.2. The purchases of Products made on the Website will involve the following parties: Barbed as seller (herein after the ‘’Seller’’) and the subject who purchases one or more Products for scopes other than his entrepreneurial, business, craft or professional activity, as buyer (herein after the ‘’Consumer’’), (Seller and Consumer will be jointly referred to herein after as the “Parties’’).
1.3. The Owner is subject to these general sales conditions, he is holder of the rights on the Website name and domain, logos and trademarks, relative products presented on the Website and copyright on the Website’s contents.
1.4. Any communication by the Consumer related and/or referred to the purchase of Products – including notices, claims, requests concerning the purchase and/or delivery of Products, exercise of the right of withdrawal, etc. – shall be sent to the Seller at the addresses and according to the methods indicated on the Website, and at email address firstname.lastname@example.org.
1.5. Each purchase is regulated by these general sales conditions in the version published on the Website upon transmission of the order by the Consumer.
1.6. The Website is intended for retail sales and as such, meant exclusively for the use by Consumers. Subjects other than Consumers are invited not to place any purchase order. In case one or more sales are made by any subject other than a Consumer, these general sales conditions will be applied with the following exceptions:
a) the buyer will not be able to exercise the right of withdrawal as set forth by art. 10;
b) the buyer cannot benefit of the Product warranty indicated in art. 8;
c) no other benefits will be acknowledged to the buyer, foreseen herein in favour of the Consumer, which refer or comply with binding laws;
d) the sales agreement stipulated between the Seller and buyer will be regulated by Italian laws, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. Contextually the transmission of the purchase order, the Consumer agrees to receive confirmation of the information concerning the order placed and these general conditions via email at the address specified at the registration on the Website or during the purchase process.
1.8. In order to make purchases on the Website, the Consumer must be of legal age (18 years old) and have legal competency.
1.9. The Consumer will be responsible for the fees to connect to the Website via Internet, including telephone fees, according to the rates applied by the operator chosen by the Consumer.
2. Characteristics of the Products and availability in different geographical areas
2.1. The Products are sold featuring the characteristics described on the Website and according to the general sales conditions published on the Website when the Consumer places the order, excluding any other term or condition.
2.2. The Seller reserves the right to amend these general sales conditions at any time, at his discretion, without being liable to provide any notice to Website users. Any amendments will be effective on the date of publication on the Website and will be applicable exclusively to the sales made since that date.
2.3. The prices, the Products for sale on the Website and their characteristics are subject to changes without notice. Before transmitting the purchase order according to following point 3, the Consumer is invited to check the final sales price.
2.5 Users worldwide can login the Website which may contain references to Products that may not be available or cannot be purchased in the country of the Website user.
2.6 The Products available on the Website can be purchased exclusively by users who request delivery, in the specific section of the Website, in one of the Countries listed on the Website.
3. Purchase methods of the Products – Stipulation of each single purchase agreement
3.1. The Product presentation on the Website, which is not binding for the Seller, represents a simple invitation towards the Consumer to place a purchase order and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Website represents a contractual offer and is regulated by these general sales conditions, which constitute an integral part of the same order that the Consumer shall accept entirely without any objection, through the transmission of the order to the Seller. Before purchasing the Products, by sending the purchase order, the Consumer will be requested to carefully read these general sales conditions and precontractual notice on withdrawal right, declaring to have read and to accept every clause. Moreover, the Consumer will be requested to identify and correct any errors concerning the inputting of his data.
3.3. The Consumer’s purchase order is accepted by the Seller with the transmission of an order confirmation email to the Consumer, at the email address indicated by the latter to the Seller when registering to the Website or placing the order in case the Consumer is not registered to the Website, which will include the summary of the placed order and description of the characteristics of the ordered Product. The Consumer’s order, the order confirmation by the Seller and the general sales conditions applicable to the agreement between the Parties, will be filed electronically by the Seller in his computerized systems and the Consumer can request a copy by sending a notice to the Seller via email at email@example.com.
3.4. Each purchase agreement concerning the Products is deemed to be stipulated when the Consumer receives the order confirmation by the Seller via email.
4. Procedure to select and purchase the Products
4.1. The Products presented on the Website can be purchased exclusively through the purchase procedure available on the Website. This procedure consists in the selection of Products by the Consumer, by placing them inside the specific virtual shopping cart. After the Products’ selection, in order to purchase them, the Consumer will be invited to register to the Website by providing the requested information, or to login, in case the Consumer is already registered, or to provide his personal data in order to complete the order and stipulate the agreement. In order to make a purchase, the Consumer will be prompted to confirm his data (for example and not limited to: name, surname, etc.), the address where the selected Products will be delivered, the invoicing address and a telephone number in order to be able to be contacted for any notices concerning the purchase made, in case this information is different from that input during registration. The Consumer will visualize a summary of the order to place, where he can modify the contents: therefore, the Consumer, after reading them carefully, shall explicitly approve these general sales conditions by clicking on the shopping cart symbol on the Website. Lastly, through the “Proceed to checkout” button, the Consumer will be prompted to confirm his order which will be transmitted to the Seller and will produce the legal effects set forth by previous paragraph 3.2. of this agreement. The Consumer will also be requested to select the payment methods, among those available. In case the Consumer selects immediate payment (contextually the purchase) through credit card, PayPal or immediate bank transfer, shall notify the relative information through secured connection. For accounting and administrative reasons, the Seller reserves the right to check the information provided by the Consumer. In case the payment is issued by credit card, the purchase amount will be exclusively charged contextually the transmission of the order confirmation by the Seller to the Consumer.
5. Delivery of goods and acceptance
5.1. In general, the Website indicates the Products availability, however this information shall be deemed merely indicative and not binding for the Seller. Where the delivery time frames are not indicated, the Seller commits to shipping the products within 30 (thirty) days from the date of the order confirmation
5.2 The Seller will take any necessary measures to comply with the delivery timeframes published on the Website and in case the delivery timeframes are not indicated to deliver within 30 (thirty) days from the day after the order was transmitted by the Consumer. In case the Seller doesn’t comply with the delivery term above mentioned, the Consumer will invite him to make the delivery within a supplementary term, appropriate to the circumstances. If the supplementary term expires without the goods to be delivered, the Consumer reserves the right to dissolve the agreement. In that case the Consumer will have the right to receive the refund of the amount paid to the Seller. The refund will occur according to the modality of the art. 8.4.
5.3. The Website notifies if a Product is available or not available, when a Product ordered by a Consumer is not available for delivery, in case of order confirmation, will be realized (delivered to the carrier/shipper) within 15 (fifteen) business days from the order confirmation (receiving of payment).
5.4. The Products ordered by the Consumer will be shipped according to the method selected by the latter, among those available and indicated on the Website when transmitting the order. The Consumer agrees to check with no delay, and anyhow within 3 (three) days from receiving the Products, that the delivery is correct and includes all and only the purchased products and shall notify the Seller within the term above mentioned, any defect found in the received products or inconsistency compared to the order placed. In case the packaging or case containing the products ordered by the Consumer arrives at destination with obvious damages, the Consumer will have the right to refuse the delivery by the carrier/ shipper or to accept the delivery ‘’with reservation’’.
5.5. In case the notification refers to a flaw which, despite the first inspection, was hidden, the notification has to be made as soon as possible within the end of the third day after the flaw was found out.
5.6. After the expiry of the term indicated in previous paragraph 5.4. without the Consumer formulating any objections towards the carrier/ shipper, the delivered Products will be deemed finally accepted by the Consumer.
6. Prices, shipping costs, taxes and duties
6.1. The Product price is the one indicated on the Website when the Consumer transmits the order. The Products prices published on the Website include standard packaging costs, VAT if applicable. While they do not include shipping fees if the delivery is not in a UE country, which are calculated before the order confirmation transmitted by the Seller to the Consumer, which the latter agrees to pay to the Seller in addition to the price published on the Website.
6.2. Based on the country in which the Products shall be shipped, the relative shipping costs will be displayed on the Website when placing the order, which the Consumer agrees to pay in addition to the price of the ordered Products.
6.3. The Consumer shall pay the total price to the Seller as indicated in the order confirmed through the order confirmation sent by the Seller to the Consumer via email. In case of payment via Paypal or credit card, the payment will be contextual to the order and will be refunded in case no order confirmation is sent.
6.4. If the Products are delivered in a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation including indirect taxes (if applicable) does not include potential customs fee and any other fee on sales that the Consumers agrees since now to pay if due, in addition to the price indicated in the order and confirmed through the order confirmation, according to laws applicable in the country where the products will be delivered. The Consumer is invited to obtain information from competent bodies in his home country or product destination country, concerning potential duties or taxes applicable in his home country or product destination country.
6.5. The Consumer is responsible for any additional cost, fee, tax and/or duty that a certain country may apply to the ordered Products at any title, based on these general sales conditions.
6.6. The Consumer declares that, the lack of awareness of costs, fees, duties, taxes and/or levies as mentioned in previous paragraphs 6.4. and 6.5. when transmitting the order to the Seller, this will not constitute cause for expiration of the agreement and fees above mentioned will not be charged to the Seller.
7.1. The payment of the price for the Products purchased through the Website shall be issued depending on the payment’s methods chosen, contextually the order’s transmission or within the peremptory term of 5 (five) days from the date in which the order confirmation was transmitted by the Seller to the Consumer. The Consumer explicitly agrees that the agreement will be processed by the Seller when the price for the purchased Product/s will be credited on the Seller’s bank account. The payment’s methods are indicated from the Seller in the order confirmation, unless otherwise stated by the Seller
7.2. Payment can be issued with credit card or PayPal, at the conditions described on the related platform. The Seller may allow additional payment methods, indicating them in the Website’s payment section.
7.3. In case the payment is issued through bank transfer in favour of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes indicated in the order confirmation.
7.4. The Seller will promptly transmit the tax receipt/invoice concerning the purchase to the Consumer, in electronic format via email at the address indicated by the latter, if the purchased Products have to be shipped within the Italian territory, or the Seller will enclose it to the purchased Products in paper format, in all other cases.
8. Legal guarantee of conformity released by the Seller, notification of conformity defects and interventions under warranty
8.1. Pursuant to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer code), the Seller guarantees to the Consumer, that the Products will be free of design and material defects, and compliant with the descriptions published on the Website, for a period of 2 (two) years from the date the Products are delivered to the Consumer. Any warranty will be void in case the Product is used or washed not in compliance with the intended uses of the Product and instructions/warnings provided by the Seller, or indicated in the reference explanatory documents, tags or labels. In no cases the warranty period has to be considered extended as a consequence of the lack of use of the Product from the Consumer.
8.2. The Consumer will be responsible to check the Products as soon as possible and, under penalty of invalidity of this warranty, notify any defects and non-conformities within 3 (three) days since he/she discovers them, by transmitting the relative form duly filled out by e-mail, to the Seller’s Customer Service Department, indicating the defect and/or non-conformity found, and relative documents mentioned in the return form (at least 1 (one) photograph of the Product, the order confirmation transmitted by the Seller and invoice/tax receipt).
8.3. After receiving the form and relative documentation, the Seller will assess the defects and non-conformities claimed by the Consumer and, after carrying out the quality checks aimed at verifying the actual non-conformity of the Product, will decide at his discretion whether to authorize the Product return, by sending a reply to the Consumer via email at the address provided by the latter when registering to the Website. The authorization to return the Products will not constitute any acknowledgement of defects or non-conformities, which existence will be verified after returning the products. The Products authorized by the Seller, shall be returned by the Consumer together with a copy of the return authorization notice, within 30 (thirty) days from the authorization, at the following address: BARBED S.r.l. via del Padule 64/a, 50018 Scandicci, Firenze, Italia.
8.4. If the Seller is required to refund the price paid to the Consumer, the refund will be issued through bank transfer. The Consumer shall notify his bank details to the Seller, always via email at firstname.lastname@example.org, in order to issue a bank transfer in his favour and to put the Seller in the conditions to be able to return the due sum.
8.5. The Consumer is liable for the value’s reduction of the Products resulting from the manipulation other than the one necessary to establish the nature, characteristics and functioning of the goods.
9. Liability in case of damages due to faulty products
9.1. Regarding potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer code) will be applied.
10. Right of withdrawal – Information Notice
10.1 The Consumer is recognized the right to withdraw from any contract concluded according to these general terms and conditions of sale, without incurring any penalty, within 14 (fourteen) days from the day on which the Product is delivered or if several products on one order are delivered separately, from the date the last product was received.
10.2. In order to exercise the right of withdrawal, the Consumer has to notify Barbed S.r.l. about his intention, within the deadline indicated in paragraph 10.1 above, using the withdrawal form duly filled out or using the contact form or writing at the email address email@example.com.
10.3 Following what is specified in paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email, containing the form to be enclosed in the package. Within and no later than the following 14 (fourteen) days, the Consumer is required to write the withdrawal form referred to in paragraph 10.2, and return the products to Barbed S.r.l.:
Via del Padule 64/a
50018 Scandicci, Firenze – Italia.
10.4. If the Consumer has received the product, he/she is required to return it to Barbed S.r.l. without undue delay and, in any case, within 14 (fourteen) days from the day that the notice of such withdrawal was given. The deadline complies with the terms if the goods are sent back within the period of 14 (fourteen) days. All shipping risks and direct costs incurred when returning the products will be charged to the Consumer. Barbed does not account for the damages or theft/loss of items returned without insurance.
10.5. If the Consumer withdraws from the contract, the Seller shall refund all payments received (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive offered and of any indirect taxes/custom duties if applicable), without undue delay and in any case no later than 14 (fourteen) days from the exercise of the right of withdrawal. The refund will be carried out through bank transfer, unless the Consumer requests the refund via a different mean of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. The refund might be withheld until the receiving of the returned goods or until the Consumer has supplied evidence of having dispatched the goods.
10.6 The Consumer is liable for any value’s reduction of the goods resulting from the manipulation other than the one necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer will be liable for the decreased value of the product, and will receive a refund equal to the residual value of the Product. For this purpose, it is highly recommended to Consumers not to manipulate the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protected during the shipment.
11. Intellectual property rights
11.1. The Consumer declares to be aware that any trademarks, names, as well as any distinctive mark, company name, image, photograph, written text or graph published on the Website or relative to the Products are and will remain the exclusive property of the owner Barbed S.r.l. and/or parties entitled; the access to the Website and/or the purchase of Products will not confer any right on the above, to the Consumer.
11.2. The Website contents cannot be reproduced, whether in whole or in part, transferred with electronic or traditional means, modified or used at any title, without the previous written approval of the Owner.
12. Consumer’s data and protection of privacy
12.2. The Consumer declares and guarantees that the information given to the Seller during the registration and purchase process is correct and truthful.
12.3. The Consumer can update and/or modify his personal data given to the Seller at any time, through the specific Website section “Login”, which can be accessed with login and password.
13.1. Despite the Seller adopts measures aimed at protecting personal data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limits in protecting electronic communications via internet, the Seller cannot guarantee that the information or data visualized by the Consumer on the Website, also after logging in, cannot be accessed or viewed by non-authorized third parties.
14. Force majeure
14.1. The Seller won’t be liable in case of total or partial insolvency of his obligations related to any agreement stipulated according to these general sales conditions, when such insolvency is caused by unforeseeable and/or natural events out of its reasonable control, including for example and not limited to, catastrophic natural events, epidemic, acts of terrorism, wars, popular rising, lack of electric energy, general strike of public and/or private workers, strike and/or restrictions concerning carrier’s routes and airplane connections.
15. Applicable law and competent court
15.1. Each sales agreement stipulated between Seller and Consumers pursuant to these general sales conditions will be regulated and interpreted according to Italian laws.
15.2. Any controversy will be exclusively devolved to the Court of Florence. According to the article 66 of the Consumer Code, this is without prejudice the territorial authority of the judge in the city of residence or domicile of the Consumer, if located in Italy.
The Parties cannot sale neither transfer any of their rights and obligations derived from these general sales conditions to third parties, without the previous written approval of the other party.
17. Validity of the clauses
17.1. The headings of the clauses used herein are merely indicative and do not boast any effect regarding the identification of the content and interpretation of this agreement.
17.2. These general sales conditions do not prejudice the rights attributed to the Consumer by Italian laws.
17.3. In case a clause or part of a clause of these general sales conditions is considered invalid because in contrast or contrary to a provision set forth by law, all other clauses of this agreement or parts of the same clause will remain fully valid and effective.
18. Final provisions
The Consumer declares not to have been induced to stipulate this agreement based on previous verbal declarations.
The Consumer, in accordance with and by the effects of the articles 1341 and 1342 of the Italian Civil Code, approves in detail the regulations hereafter referred: Art. 1.1. – Applicability of the general sales conditions to all the sales agreements through the website; Art. 5.4. – Deadline for the check and denunciation of defects – Duty of inspection and acceptance of the products; Art. 6.6. – Custom duties, taxes, accessory duties; Art. 8.2. – Defects warning; Art. 8.5. and Art. 10.6. – Value’s reduction of the goods; Art. 10.7. Notice; Art. 15.1. – Applicable law; Art. 15.2. – Competent Court.