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Vorwort
Introduction
The offer and the sale of Products through this online shop is proposed by the company Bartolomeo Arreda 2.0, and are drawn up in compliance with the regulations on electronic commerce and distance sale contracts
Bartolomeo Arreda 2.0 is an official authorized dealer of all the Brands on this Website.
The Company:
Bartolomeo Arreda 2.0 srl
Address: Via F16 n. 21 – 92015 Raffadali
P.I. 02892030848
Tel: +39.0922.39007 | Fax: +39.0922.472720
E.mail: info@barthome.shop
The Customer declares to have read all the information and general conditions of sale presented herein, before placing an order.
General Sale Conditions
These General Conditions adjust the sale procedures of the products marketed by Bartolomeo Arreda 2.0 srl. (“Products”).
All the contracts for selling the products to third parties by Bartolomeo Arreda 2.0 srl (“Customers”) are adjusted by these General Conditions, which shall form an integral and substantial part of every proposal, order and confirmation of purchase order of the same products. The sale conditions applicable to orders are those in force on the date of the order itself.
1.Products: Prices and Features
Unless otherwise indicated, the price of Products published on the website by Bartolomeo Arreda 2.0 srl are in Euros and inclusive of VAT. The residents ex EU or with foreign VAT view prices excluding taxes.
The deliveries outside the European Community (non-EU) are furthermore net of any customs duties, that shall be borne by recipient and will be requested by forwarder in the delivery phase.
The guaranteed price to the buyer is published on the website when sending the order. The price set for purchase is fixed and definitive.
Prices presented on the Website by Bartolomeo Arreda 2.0 srl cancel and replace the previously stated ones, and are subject to Products availability.
Technical and functional features of the Products published by Bartolomeo Arreda 2.0 srl contained in this Website to illustrate Products, are those sent by producers. Bartolomeo Arreda 2.0 srl is not liable for the truthfulness and completeness of the information. Products images are for illustrative purpose only and are not binding.
Products cannot be sent for testing. Although our operators can provide Customers with information on the Products, the Customer is responsible for the choice of the Products ordered and for their conformity to the specifications sent by each producer.
2. Orders - billing
Each order placed represents a contractual proposal of the Customer. Clearance of the order by Bartolomeo Arreda 2.0 srl represents its confirmation and acceptance.
Tax documents related to orders will be issued by Bartolomeo Arreda 2.0 srl at the time of dispatching Products to the Customers.
The invoice will be issued by Bartolomeo Arreda 2.0 srl. The Customer will have to indicate the exact necessary data and the billing address.
3. Order acceptance
The conclusion of the agreement will only take place at the moment of the order confirmation by Bartolomeo Arreda 2.0
The Customer will be notified of the acceptance by e-mail. The message will state the order confirmation with all the elements of the agreement (Products, prices, delivery dates, shipping costs, ...................)
Bartolomeo Arreda 2.0 srl reserves the option not to confirm any order for whatever reason, especially if involving supply problems, or the order itself.
4. Order fulfillment
The order will be fulfilled according to the terms stated on the Website.
Once an order is confirmed, it should be cancelled only within 24 hours, at the end of which the customer is obliged to pay for the order. In accordance with the laws, our customers, anyway, could return the order within 14 days of receipt, as our return policy states (11. Right to Cancel).
Should the order not be executed (in the event of unavailability of the Product ordered), Bartolomeo Arreda 2.0 srl will inform the Customer as soon as possible about the delivery time, subject to the Product availability. Should the Customer not intend to wait (no later than 30 - thirty - weekdays) and decide to give up the Product, Bartolomeo Arreda 2.0 srl will refund the Customer of the price at the time of the purchase.
In the event of breakage, stock depletion or unavailability of the ordered Product, Bartolomeo Arreda 2.0 srl will inform the Customer as soon as possible, stating a new deadline for Product availability.
The Customer will send an e-mail confirmation for his/her choice, that is to wait for the Product supply or to request a refund.
5. Product delivery
Products are shipped to the address stated by the Customer.
Deliveries will take place as soon as the payment confirmation is received: bank transfers are attested by the credit on our current account, credit card payments are attested by the transaction confirmation by the circuit.
We deliver through qualified express couriers, such as Bartolini, SDA, UPS, DHL or specialists in furniture delivery, to guarantee the quality of our service and Products integrity.
Delivery Time
Bartolomeo Arreda 2.0 srl ships orders usually within 3/10 days only to Product immediate availability in stock. Delivery times are stated in weekdays.
Delivery time on the website are not binding for Bartolomeo Arreda 2.0 srl which can subsequently modify them according its own needs.
For Products having different delivery times, the deadline applied is equal to the item with the longest delivery time. For delivery delays of less than 30 (thirty) days, the Customer is neither allowed to refuse the delivery, nor to ask for refunds or compensations.
Bartolomeo Arreda 2.0 srl reserves the right, if necessary, to segment the delivery of Products in different steps (even for items belonging to the same order).
Delivery is to be considered completed at the moment the Product is consigned to the Customer.
The delivery note issued by the courier and dated and signed by the Customer is proof of transport and delivery of the Product.
Delivery on street level and Assembling
Deliveries are to be intended on street level: Products will not be delivered on the Customer's floor and we will not take any trade-in.
Special shipping term and conditions can be agreed in advance between a client and Bartolomeo Arreda 2.0 srl and accepted by Bartolomeo Arreda 2.0.
Unless otherwise specified or agreed in written form, Bartolomeo Arreda 2.0 srl does not offer any assembly service.
The majority of our Products is delivered in pre-assembled form: final assembly is usually very easy and generally consists of assembling determined pieces. If necessary Bartolomeo Arreda 2.0 will provide the Customer with the assembly instruction of the product purchased.
Please note:
On delivery, the Customer must verify the content of the package, the conformity and state of the Product(s). Bartolomeo Arreda 2.0 srl recommends verifying the overall state of the Product(s) before signing the delivery note. In particular, the Customer must verify that:
- number of parcels corresponds to that stated in the enclosed delivery note;
- package is intact, neither damaged nor wet or adulterated, and the content undamaged.
Should the Customer note any anomalies, delivery of the Products must be refused or detailed reserves must be put in writing and dated.
Once the Customer signs the delivery note with no "reserve", he/she will not be able to question the external conditions of the delivered Product. Issues about integrity, correspondence or completeness of the Products received must be notified within three 3 (three) from the delivery.
Bartolomeo Arreda 2.0 srl reserves the right to deliver the Products through a courier.
Unless otherwise specified, all deliveries will take place on street level.
8. Products pick up - Customer's absence
In case the Products could not be delivered to the address provided by the Customer during the order process, the courier will leave a note stating address and method for collecting the package. If the Customer does not collect the package within the deadline indicated by the courier, Products will have to be returned carriage paid to Bartolomeo Arreda 2.0 srl, that reserves the right to refund the Customer for the price of the Product, minus charges for shipping.
In the event of an error during the delivery, the Customer is in charge of returning the Product(s) to Bartolomeo Arreda 2.0 srl within 7 (seven) days from delivery, in the original and intact packaging, with its delivery note.
Once the Product is received in its correct form, Bartolomeo Arreda srl will send at its own expenses the Product initially ordered.
9. Force majeure
The following cases are to be considered as force majeure, apart from those specified by law:
- total or partial strikes, internal or external to the Company, stop of means of transport or provisions for any reason, governative or legal restrictions, computer breakdowns, telecommunication halt included networks and the Internet.
Force majeure will cause the suspension of the order. If after 3 (three) months parties observe the persistance of the force majeure, the order will be automatically cancelled, unless otherwise agreed.
10. Products warranties - Technical assistance
Bartolomeo Arreda 2.0 srl only guarantees Products integrity until delivery time.
10.1 Possible defects covered by the Bartolomeo Arreda 2.0 srl Warranty must be reported by the Customer not later than 7 (ten) days from the date of delivery. In case Bartolomeo Arreda 2.0 srl Warranty can be applied, the Customer has the right to have his damaged Products replaced after returning them, excluding any right for a compensation for further damages. The necessary shipping costs to replace the items are covered by Bartolomeo Arreda 2.0.
10.2 Taking for granted everything on point 10.1, Bartolomeo Arreda 2.0 srl does not offer any further warranty than that given by the single manufacturers of the Products here commercialized. The technical assistance and all the repairs of the Products covered by the warranty, when provided, are taken care of by the single manufacturers, according to the terms and the forms reported on the papers attached to Products themselves. In particular, Bartolomeo Arreda 2.0 srl neither offers any warranty on the compatibility of Products with other items or devices used by the Customer, nor offers any warranty on the Products suitability for any use conceived by the Customer.
10.3 Except for the supposition of fraud or of an important guilt of Bartolomeo Arreda 2.0 srl, it’s from now settled that, should be recognized the responsibility of Bartolomeo Arreda 2.0 srl towards any claim of the Customer - including the partial or full non-execution of the obligations assumed by Bartolomeo On Line Store towards the Customer regarding the execution of an order – the responsibility of Bartolomeo Arreda 2.0 srl cannot be higher than the price of the Products purchased by the Customer and about which a contestation was raised.
11. Right to Cancel
11.1 According to the clause 5 of the Legislative Ordinance number 185 of the 22nd of May 1999, the Customer (if recognized as “Consumer” according to the clause 1, letter B, of the D. Lgs 22 maggio 1999 n. 185) has the right to withdraw from the contract and to send back the Products ordered, with no penalty and without specifying the reasons, not later than 14 (fourteen) days from the delivery time.
11.2 The Right to Cancel the contract of sale can be exercised by the Customer within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods.
To exercise the right to cancel, the Customer must inform us by
Mail Bartolomeo Arreda 2.0 srl Via F16 n° 21 – 92015 Raffadali ( Ag)
fax at +39 092239007
email at info@barthome.shop
of his/her decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
To meet the cancellation deadline, it is sufficient for the Customer to send his/her communication concerning the exercise of the right to cancel before the cancellation period has expired.
11.3 Effects of cancellation
Should the customer cancel this contract, Bartolomeo Arreda 2.0 will reimburse to the Customer all payments received, including the costs of delivery (except for the supplementary costs arising if the Customer has chosen a type of delivery other than the least expensive type of standard delivery offered by us. In the case of products that have benefited from shipping promotions, the promotion will not apply and the shipping costs are charged to the Customer and deducted from the refund)
We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from the Customer any goods supplied.
We will make the reimbursement using the same means of payment as used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
11.4 The Customer shall send back the goods or hand them over to us at the address:
Bartolomeo arreda 2.0 srl – Via F 16 n° 21 – 92015 Raffadali
without undue delay and in any event not later than 14 days from the day on which the Customer communicates the cancellation from this contract to us. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
The Customer will have to bear the direct cost of returning the goods.
11.5 The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The returned goods must be in resalable condition.
11.6 In case of damage to the goods during the return transport, Bartolomeo Arreda 2.0 s.r.l. shall communicate to the Customer what has happened (within 5 working days form the receipt of the goods in its own warehouses), to permit the Customer to make a prompt claim against the courier chosen by the Customer and to obtain reimbursement for the value of the goods (if insured); in this case the product shall be made available to the Customer for its restitution and at the same time cancel the request for withdrawal. Bartolomeo Arreda 2.0 s.r.l. shall not respond in any way for the damage or theft/loss of goods returned by shipments that are not insured by the Customer.
11.7 The customer cannot exercise a right of withdrawal “goods made to the consumer’s specifications’ means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer” (Directive 2011/83/Eu Of The European Parliament) and for”goods made to theconsumer’s specifications or clearly personalised” ( art 59 D.Lgs 21/2014):
the right to cancel does not apply to the vast majority of our products, due to high personalisation of our collections and for production processes mainly on order our suppliers.
12. Payment
Payment is due at the moment of the order confirmation.
The Customer commits to pay the agreed price for the Product ordered on the Website (price of the Product plus Shipping costs), and to pay - when necessary and directly to the courier - VAT and any other tax related to the import of Products in the country of destination of the Product.
The Customers pays for the order by:
- credit card, as suggested on the Website.
The Customer guarantees to Bartolomeo Arreda 2.0 srl to have all authorizations necessary to use card payment while confirming the order by:
- bank transfer in favour of Bartolomeo Arreda 2.0 srl.
In the event of missing reception by Bartolomeo Arreda 2.0 srl of the bank transfer within the following 14 (fourteen) days from the order, Bartolomeo Arreda srl reserves the right to cancel the order. Bank details of the Company will be provided at the order confirmation by:
- Paypal.
The Customer guarantees to Bartolomeo Arreda 2.0 srl to have all authorizations necessary to use PayPal while confirming the order.
13. Failure to pay - Conditional sale
Products ordered are property Bartolomeo Arreda 2.0 srl until the definitive and complete payment of their price (Art. 1523 and following of the Civil Code). Bartolomeo Arreda 2.0 srl reserves the right to demand the Products ordered in case of failure to pay.
In this event and by request of Bartolomeo Arreda 2.0 srl, the Customer commits to return any non-paid item, at his/her own expenses.
14. Claims
Complaints for non-compliance of delivered Product(s) with the order must be sent in writing to Bartolomeo Arreda 2.0 srl, immediately after receiving the goods.
The Customer must keep the original packaging and the delivery note.
15. Personal information
Customers' personal data, including e-mail addresses of the Website users, are processed in accordance with the art. 13 of the D.lgs. 196/2003 "Codice in materia di protezione dei dati personali", also known as Privacy Policy.
Personal information requested from and related to the Customer is essential to process and ship the order, to issue invoices and to draft warranty agreements, as the case may be. For this purpose, Bartolomeo Arreda 2.0 srl may provide suppliers with this information personal.
The Customer may object to this disclosure (pursuant to art. 7 of D.lgs. n. 196/2003) and has the right to access, modify, amend and delete all data related to him/her, by writing to Bartolomeo Arreda 2.0 srl, via F16 n° 21 – 92015 Raffadali (AG), Italy.
In order to avoid any attempt of fraud, Bartolomeo Arreda 2.0 srl may ask proof of the Customer's identity and domicile.
16. Electronic signature
The "approval click" constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.
17. Non renunciation
Any one or more failure by Bartolomeo Arreda 2.0 srl to enforce any provision of this agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
18. Agreement integrality
These General Conditions of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the customer shall neither be included in, nor depart from these General Conditions
19. Intellectual property
Bartolomeo Arreda 2.0 srl owns the intellectual property right upon the Website and the right to display the elements of the e-shop catalogue. Consequently, total or partial reproduction of the elements contained in the Website or the catalogue on any medium whatsoever, the use of such elements and the fact to make them available to third parties are formally prohibited.
20. Nullity
Should one or several clauses of these General Conditions be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.
21. Competent court
This agreement is governed by Italian law.
In the event of a dispute and where no amicable settlements were reached between the parties, where applicable mandatory dispositions of law related to consumer protection (as in art. 1, letter B of D.Lgs 22 maggio 1999 n. 185), any controversy linked to these General Conditions will be of exclusive competence of the Court of Agrigento ( Italy )
Pursuant to and by effect of clauses no. 1341 and 1342 of the Civil Code, the Customer declares to have accurately read, understood and accepted specifically the following clauses of these General Conditions of Sale of Bartolomeo Arreda 2.0 srl: 1-2-3-4-5-6-7-8-9-.10-10.0-10.2-10.3-11-11.1-11.2-11.3-11.4-11.5-11.6-11.7-12-13-14-15-16-17-18-19-20-21.