Terms and conditions of use and sale
1. General Provisions
These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of products (hereinafter, “Products” or “Product”) purchased through the website www.caffebarbera.it (hereinafter “Site”).
The service of remote sales described in these Terms is reserved exclusively for the consumer(s) (hereinafter, “Customers” or “Customer”), intended as a natural person acting with no connection with his/her trade, business or professional activity.
The language used for concluding the contract is Italian.
The customer is required to read the Terms and Conditions made available on the Site, which the Customer may transcribe and reprint, under art. 12 of Legislative Decree 9 April, 2003, no. 70.
Contracts concluded with Barbera 1870 S.p.A. (hereinafter “Barbera 1870 S.p.A.”) through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September, 2005, no. 206 (“Consumer Code”) and Legislative Decree 9 April 2003, no. 70 (hereinafter, “E-commerce Decree”).
2. Identification of the vendor
The seller is Barbera 1870 S.p.A.
Registered Office: Via Acireale 16, 98124 Messina, Italy
Rea Number: 88288 CCIAA, Messina, Italy
(hereinafter “Barbera 1870”)
3. Product Information
Information regarding the products subject to distance selling through the Site is available, along with related product codes, on the Site. The above information is provided in accordance with Articles 52 and 53 of the Consumer Code
Product prices include all taxes except customs* (see paragraph 10). All prices are in Euros. Shipping costs are at Customers’ expense, except for special promotions, which are listed on the Cost of Shipping page.
5. Product Orders
The essential features and prices of products are given in the offer for each product.
Before submitting the purchase order, the customer will have the opportunity to correct any errors in data entry by following the appropriate procedure for modifications contained in the Site. In particular, the customer has the right to change the quantity of products to be purchased, adding or deleting one or more Products from the “shopping cart”.
By placing an order, the Customer acknowledges and declares to have read all the instructions provided during the purchase procedure and accepts the Terms and Conditions. Customers will have the opportunity to view and follow the status of their order through the “Orders” area of their account. Barbera 1970 reserves the right to consider the acceptance of orders received. Should for any reason it not be possible to accept an order, Barbera 1870 will notify the Customer within 30 days, starting from the day following the order sent to Barbera 1870, and will refund any amounts already paid by the Customer for payment of the supply requested.
Clients may pay the price of the product and relative shipping costs by credit card, PayPal or bank transfer.
All major credit cards are accepted, including Visa, MasterCard and American Express.
The transaction will be debited to the client’s credit card only after:
- credit card information has been verified (with PayPal, we have no direct access to client information),
- authorization for debit from the credit card company used by the client has been received,
- product availability has been confirmed by Barbera 1870.
Barbera 1870 also accepts payment by bank transfer. Bank charges are at the expense of the Customer. Should, for any reason, debiting of the amount due from the client not be possible, the sale order will immediately be annulled and the sale automatically cancelled.
All other forms of payment are free of supplemental costs
7. Confirmation of receipt of order
In accordance with provisions of art. 53 of the Consumer Code, the customer receives, upon execution of the contract, by e-mail, confirmation of receipt of order placed by the Customer, containing a summary of the general provisions, essential details of the product ordered, price, cost paid, right of redress – with indications regarding times and modality for return of product – address to contact in the event of complaint, and information on assistance and warranty.
8. Null and void order
No contract shall be concluded between the customer and Barbera 1870 if Barbera 1870 has reasonable grounds to believe that the customer is not operating on the basis of an effective and genuine interest in the purchase of products ordered, or abusively exercising the right of redress as foreseen in paragraph 11 below.
In such cases, the order submitted by the Customer shall be of no effect whatsoever. Barbera 1870 will send a notice, via e-mail, to the Customer stating the failure to conclude the contract, also cancelling any debit and/or charge to the customer.
9. Transport and delivery
The Products purchased on the Site will be delivered to the address specified by the customer. The customer has in any case the right to request delivery of the products to a person of his choice. Upon delivery, the signature of an adult over 18 years of age will be required. Delivery will not be made to PO boxes.
For each order completed on the Site, Barbera 1870 invoices for the goods shipped, sending the invoice to the purchaser via e-mail or by post, pursuant to Presidential Decree 445/2000 and Legislative Decree no. 52/2004. For the issuance of the invoice, information supplied by the Customer at the time of ordering will be used. No change in the invoice will be possible after the issuance thereof.
Delivery costs are charged to the customer and are clearly indicated on the Site and in the order form.
All purchases will be delivered by couriers with whom Barbera 1870 has signed an agreement (hereinafter ‘courier’), from Monday to Friday, except public holidays and national holidays. Barbera 1870 is not responsible for unpredictable delays.
Barbera 1870 will send the customer a confirmation e-mail once the product has been shipped, specifying the tracking number which will allow them to follow the stage of shipping, by logging onto the courier’s site.
In any case, except for force majeure or fortuitous circumstances, in accordance with the Consumer Code, the product will be delivered within a maximum time of 30 (thirty) days from the date following the day the customer sends the order to Barbera 1870, unless Barbera 1870 communicates – within the same time, by e-mail – the impossibility of delivering the ordered goods due to unavailability, even temporary, of the product. In this case, Barbera 1870 will refund any amounts already paid by the customer for payment of the supply requested.
Should the customer wish to cancel an order on receiving a communication from Barbera 1870 of a delay in date of delivery, any sums already paid will be refunded as soon as possible, and in any case, no longer than 30 (thirty) days from the day after the customer sent the order to Barbera 1870.
For the delivery of the goods, the presence of the customer or his/her representative at the address indicated in the order is required. Upon delivery of the goods by the Courier, the Customer must check that the number of boxes is the same as indicated in the transport document and that the package is intact or altered. Any damage to the pack and/or the products, or mismatch in the number of packages, should be immediately notified in writing, on the Courier’s delivery form. Once the courier document has been signed, the customer cannot make any objection regarding external appearance of the parcel delivered.
10. Duties and Restrictions
*Barbera 1870 is not responsible for any duties or restrictions applied to purchases by custom authorities in countries of destination.
11. Right of redress
Pursuant to art. 5 Legislative Decree 185/1999, the customer has the right to cancel the purchase contract for any reasons, without specifying the reason and without any penalty.
To exercise this right, the customer must send Barbera 1870 a communication within 10 working days from the date of receipt of goods. This communication must be sent by registered letter with notice of receipt, addressed to:
Barbera 1870 S.p.A.
Registered office: Via Acireale 16, 98124 Messina, Italy
The communication can also be sent by telegram within the above mentioned time of 10 working day, followed by a confirmation by registered letter with notice of receipt. On receipt of communication of redress, Barbera 1970 Customer Service will inform the customer on how to return goods, which should reach the warehouse within 10 working days of authorization.
Right of redress is subject to the following conditions:
1. The right of redress applies to product purchased in its entirety; redress cannot be carried out on only part of the product purchased.
2. In accordance with prevailing law, shipping costs for returned goods are the responsibility of the customer.
3. The shipping of returned goods, until confirmed receipt of same at the Barbera 1870 warehouse, is the sole responsibility of the customer.
4. Barbera 1870 cannot be held responsible in any way for damage or theft/loss of non-insured, returned goods.
5. In the case of goods being damaged during transport, Barbera 1870 will notify the customer of the event (within 5 working days of receipt of goods at the warehouse), so as to allow the customer to claim against the courier chosen by him/her and to obtain a refund for the value of the goods (if insured). In this case, the product will be returned to the Customer, contemporarily annulling the redress request.
Barbera 1870 will refund the customer for the entire sum paid, within 30 days of the return of goods, by charge-back on credit card, or bank transfer. In the latter case, the Customer must forward their bank details to obtain the refund (IBAN code of current account of addressee of invoice).
The right of redress is forfeited if the product is not returned intact (original packaging and/or contents), where Barbera 1870 ascertains:
- Absence of external packaging and/or wrapping containing the purchased product
- Damage to product for reasons other than transport.
In the case of forfeiture of right of redress, Barbera 1870 will return the purchased product to the sender, with costs of shipping being charged to the customer.
Barbera 1870 gives customers the possibility to replace goods purchased on its Site.
To obtain a replaced product please follow the procedure indicated below.
A customer who is not fully satisfied with the product purchased should keep all documentation relating to the delivery and the product itself with its original packaging and contact Barbera 1870 immediately by email at the following address: email@example.com.
The product to be replaced should be sent, in normal conditions, to the following address:
Barbera 1870 S.p.A., Via Acireale 16, 98124 Messina, Italy.
Execution of the new order is subject to availability of the requested product.
Cost of shipping related to the returned product are the responsibility of the customer.
The replaced product will be shipped to the customer by courier without further shipping costs.
13. Defective goods
In the case of defective goods sold by Barbera 1870 through caffebarbera.it, the customer should contact Customer Service immediately at the following email address: firstname.lastname@example.org
General provisions for sale of goods as foreseen by articles 129, 130 and 131 of the Consumer Code are applied. The customer has the right of restoration, free of charge, of product conformity by repair or replacement or an appropriate reduction of the price or have the contract rescinded. The customer forfeits this right if he/she does not notify Barbera 1870 of the lack of conformity within two months from the date in which the defect is discovered. Any claim for defective goods not wilfully concealed by Barbera 1870 must be set out within twenty-six months after delivery of goods.
Information relating to the Products provided on this site are constantly updated. However, it is not possible to guarantee the complete absence of errors.
Barbera 1870 reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, and also to change or update information at any time without prior notice.
15. Governing law and jurisdiction
These Terms are governed by Italian law and shall be interpreted in accordance with Italian laws.
For disputes arising from the interpretation, validity and/or execution of these General Conditions the mandatory jurisdiction will be that of the Court of Messina.
For further information, please write to Customer Service directly on the Site, in ‘Contacts’, or email the follow address: email@example.com