TERMS OF SERVICE
GENERAL TERMS OF PURCHASE OF PRODUCTS
These purchase conditions are applicable to purchases made by users on the website Baracuta.com and assume that customers have read and accepted the content.
ART. 1 - GENERAL DEFINITIONS
1.1 For the purposes of these purchase conditions, specific terms will be used to which the following meaning is attributed. In particular, it is meant by:
- "Consumer", the natural person who acts for purposes unrelated and / or in any case not related to the exercise of any entrepreneurial, commercial, craft or professional activities carried out;
- "Professional", any natural or legal person acting in the context of his commercial, industrial, craft or professional activity;
- "Customer", the person who purchased a good or a service online according to these general conditions of sale: WP Lavori in corso S.r.l. reserves the right to not process orders from subjects other than the "Consumer";
- "Producer", the legal person who produces the asset being sold;
- "Supplier", WP Lavori in corso S.r.l. (hereinafter simply "WP") - Via dell’Arcoveggio, 59/5 - 40129 Bologna - firstname.lastname@example.org
- “Product”, the good marketed by WP on the e-commerce platform;
- "Distance contract", the contract concluded between the Supplier and the Customer, without the physical and simultaneous presence of the parties, through the exclusive use of one or more means of distance communication;
- "Product detail", the descriptive reference accessible on the site and from which the main characteristics of the Product, the identity of the Supplier, the price and payment methods are evident, in compliance with the provisions of Articles 7 of Legislative Decree 70/2003 and 49 of Legislative Decree 206/2005;
- “Site”, the website Baracuta.com, the exclusive property of WP;
- "E-commerce platform", the telematic environment of WP in which the sale of goods and services of products takes place in an e-commerce website.
ART. 2 - OBJECT
2.1 These general conditions of contract concern the sale of goods carried out by WP Lavori in corso - CF / P.IVA 02370420370 - Via dell'Arcoveggio, 59/5 - 40129 Bologna - email@example.com - as Supplier.
ART. 3 - CONTRACTUAL CONDITIONS
3.1. The Customer, prior to the online purchase of the product:
- declares to have read all the information on the product, its characteristics, payment and delivery and return methods;
- expressly authorizes WP and the Producers who must provide the goods directly to use their data, including the e-mail address, in relation to all activities related to the conclusion and execution of the distance contract and to the sending of any commercial information thereto afferent;
- declares to be aware that they must express, in point and click mode, their consent to these general conditions, also for the purposes of articles 1341 and 1342 of the Civil Code;
- acknowledges WP's exclusive ownership and related copyright, distribution and exclusive use rights of the website, images, text and content on the Site and within the e-commerce platform;
- recognizes the ownership of the Trademarks that distinguish the goods and services on the part of the Producers;
- declares to be aware that the distance contract is governed by Italian law.
ART. 4 - HOW TO CONCLUDE THE CONTRACT
4.1. Pursuant to and for the purposes of art. 1326 cc, the distance contract is considered concluded when the Supplier accepts the purchase proposal sent by the Customer through the order form completed on the Website (containing the summary of the conditions of sale, the essential characteristics of the product, the cost, including taxes and shipping costs, the means of payment and delivery methods, as well as the right of withdrawal and the return policy).
4.2. The purchase procedure will be initiated via the "Buy" button and completed with the receipt of the payment, made through the use of one of the methods provided therein.
4.3. Once the purchase procedure is completed, the Customer receives a confirmation email and, subsequently, according to the times and methods provided for in this contract, they will receive the goods at the address indicated, of which they guarantee correctness and completeness.
4.4. The Supplier, in case of unavailability of the ordered product, will promptly inform (within 15 working days from the completion of the purchase, via e-mail to the address indicated in the data compilation phase), the Customer, refunding the latter the amount anticipated and specifying the reasons.
4.5. If the purchase order comes from countries other than those selected by the Customer or from addresses to which the Supplier cannot proceed with the shipment, the latter will not be able to accept the order placed.
4.6 For end consumers from EU countries and for professionals and companies established in Italy, the sales prices indicated on the Seller's website are inclusive of VAT. For consumers from non-EU countries and for professionals and companies not established in Italy (but in the EU and outside the EU), the sales prices indicated on the Seller's website must be considered net of VAT, the amount of which must be added.
ART. 5 - PROVISION OF THE SERVICE
5.1. The Supplier will deliver the purchased product, according to the procedures and methods indicated within 5 working days, respecting the characteristics of the goods, as described in the product sheet itself.
5.2. In the event that the delivery of the goods must take place with organizational or logistical methods such as to involve a delivery time greater than that indicated in the previous paragraph, the Supplier reserves the right to communicate to the Customer a longer term for the provision of the service.
5.3. If the order placed by the buyer includes two or more goods, the Seller can freely decide to make several separate shipments to offer the Customer the fastest possible delivery service, without increasing transport costs for the latter.
5.4. For the shipment of the goods, the Supplier uses special couriers and cannot be held responsible in any way for any damage caused by them to the goods and for delays in delivery.
5.5. Upon delivery of the goods by the courier, the Customer undertakes to check the integrity of the packaging and promptly notify the courier of any damage found.
5.6. The Customer undertakes not to alter the product, by removing the identification tag, or to damage it: the Supplier, in case of exercising the right of withdrawal and return, reserves the right not to accept the return of the product.
5.7. The personal goods for intimate use (for example, by way of example but not limited to, underwear and swimwear) cannot be returned and the right of withdrawal cannot be exercised.
5.8. In the event of receipt of non-compliant goods, the Buyer and the Seller will establish the terms and conditions of the return, it being understood that in this case all transport costs, including any charges and customs duties, will be borne by the Buyer.
ART. 6 - GUARANTEES AND RESPONSIBILITIES OF THE PRODUCER AND THE SUPPLIER
6.1. The Supplier does not provide any guarantee in relation to the quality of the goods, only the Manufacturer is liable for any defects or discrepancies from the description.
6.2. In no case will the Supplier be held responsible for third party breaches that prevent the delivery of the goods.
6.3. Furthermore, the Supplier cannot be held responsible for non-fulfillment of its contractual obligations deriving from objective impediments that go beyond the sphere of its direct and immediate control, or from causes of force majeure: upon the occurrence of one of the aforementioned events, the latter must in any case provide information via the Site, together with the prospects of regulating the reactivation of the service.
6.4. Finally, the Supplier will not be held responsible for the Products mistakenly purchased by the Customer, who will consequently not be able to claim any reimbursement in this regard.
ART. 7 - OBLIGATIONS AND RESPONSIBILITIES OF THE CUSTOMER
7.1. The Customer undertakes the obligation not to enter false and / or incorrect and / or incomplete data that is not freely and legitimately available in the Product purchase procedure and in subsequent further communications related to the execution of the contract, also ensuring that they do not violate in any way, directly or indirectly, any third-party rights.
7.2. The Customer releases the Supplier from any liability arising from the improper and / or illegitimate insertion, even for mere material error, of incorrect personal, tax and accounting data.
7.3. The Customer undertakes to pay in full the price indicated for the products covered by the purchase proposal, to be made exclusively through the methods indicated on the specific page of the Site.
7.4. The Customer undertakes not to use and / or exploit the images, texts, videos and any content present on the Site and within the e-commerce platform.
7.5. The Customer indemnifies and holds the Supplier harmless from any claim and / or claim of third parties.
ART. 8 - RETURNS AND REFUNDS
8.1. The Customer-Consumer has the right to withdraw from this contract, without penalty and for any reason, within 14 (fourteen) days of receipt of the purchased good, without prejudice to the cases of exclusion of this right provided for by Legislative Decree 6 September 2005 no. 206 (Consumer Code).
8.2. The Customer undertakes not to remove tags and / or seals from the purchased products: the Supplier reserves the right not to accept the return of products without the aforementioned seals or in any case altered or damaged.
8.3. The personal goods for intimate use (for example, by way of example but not limited to, underwear and swimwear) cannot be returned and the right of withdrawal cannot be exercised.
8.4. In the event of receipt of non-compliant goods, the Buyer and the Seller will establish the terms and conditions of the return, it being understood that in this case all transport costs, including any additional charges and any customs duties, will be borne of the Buyer.
8.5. In case of return of the goods, the transport costs will be anticipated by the Seller and charged to the Buyer by deducting them from the amount to be refunded, together with any additional charges and customs duties to be paid for the return and related transport of the goods.
8.6. If the returned goods do not correspond to that purchased from the Seller, or if the Buyer chooses methods other than those indicated by the Seller, the latter will charge the Customer any costs incurred for the management of the return.
8.7. If the Buyer proceeds to return multiple goods separately, then sending them separately, the Seller will charge the costs, including additional charges and customs duties, incurred for each individual shipment during the reimbursement phase.
8.8. The Seller reserves the right to proceed with the reimbursement of the defective item only after having carried out the appropriate quality checks, to verify the actual non-conformity of the returned product. In the event that the non-conformity of the product is ascertained, the Seller will refund with the same payment method used for the purchase (credit card, prepaid card, PayPal, etc.) or by bank transfer.
8.9. In any case in which a refund is foreseen, this will be made by the Seller within 5 (five) working days from receipt of the goods and, in any case, only after having checked the same. The Buyer is aware that the timing of the refund and the crediting of the refunded amount may not coincide due to a fact attributable to the Payments operator and not to the Seller.
ART. 9 - TERMINATION OF THE CONTRACT BY LAW
9.1. All the obligations previously assumed by the Customer, as well as the successful completion of the payment made by the same, are essential and relevant, so that the Customer's failure to comply with only one of them will result in the legal termination of the distance contract.
ART. 10 - APPLICABLE LAW
10.1. The contract signed between the Manufacturer and the Customer is subject to Italian law.
ART. 11 - JURISDICTION
11.1. If the conciliation attempt should give a negative result, for the disputes referred to in the previous art. 11, the Court of Milan will be exclusively competent.
ART. 12 - FINAL CLAUSES12.1. For anything not expressly provided for in this contract, please refer to the rules of the Civil Code and other applicable laws, with particular reference to the current legislation on intellectual property and electronic commerce.