TERMS AND CONDITIONS

Below are the terms and conditions under which Barboncini Italia di Alessia Mincioni offers users access to its services available on the website and on the www.clubimimpresa.net application.

1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

Owner: Barboncini Italia di Alessia Mincioni with registered office in Via San Mauro 12, Montegrotto Terme (PD) 35036 VAT number 04003780139 REA: PD - 467098
e-mail address info@barboncitalia.it
Application: the website and the application www.barboncitalia.it, managed by the Owner, which offers gift items sales services.

Products: the products and / or services offered through the Application objects and articles for animals and for the person, gift items;

User: the person who accesses the Application, without distinction of legal nature and pursued purpose, interested in the Products offered through the Application;
Consumer: natural person who acts for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered through the Application.

2. Stipulation, conclusion and effectiveness of the Conditions

The purchase contract for the Products is concluded by completing and sending the order form correctly. This form shows the details of the orderer and the order, the price of the purchased Product, any additional accessory charges, the methods and terms of payment, the times for the performance of the Product, the address where the Product will be delivered, the delivery times. When the Owner receives the order from the User, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the data recalled in the previous point. The Conditions are not considered effective between the parties in default of what is indicated in the previous point. The Owner may modify or simply update these Conditions, in whole or in part. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions. The User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future consultations.

3. Registration

In order to use some features of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy (LINK) and these Conditions. The User has the duty to keep their login credentials. It is understood that in no case can the Owner be held responsible in case of loss, diffusion, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

4. Account cancellation and termination

Registered Users can stop using the Products at any time and deactivate their accounts or request their cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@barboncinitalia.it. The Owner, in case of violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.

5. Purchases on the Application

The purchase of one or more Products through the Application is allowed both to Users who have the quality of Consumers, and to Users who do not have this quality. Pursuant to art. 3, I comma, lett. a) of Legislative Decree 206/2005 ("Consumer Code") it is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out. Individuals are allowed to purchase only on condition that they are at least eighteen years old. The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may emerge. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative. The User expressly attributes to the Owner the right to accept, even partially, the order placed (for example in the event that all the Products ordered are not available). In this case, the contract will be considered finalized in relation to the Products actually sold. The Owner reserves the right to refuse an order:

when the Product is not available;
when the authorization to charge the cost of the Product to the User is denied;
when at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.

6. Prices and payments

The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will in no case affect the contracts already concluded before the change. The selling prices of the Products do not include VAT, if due; any other tax and / or shipping costs charged to the User will be indicated before confirming the purchase. The User undertakes to pay the price of the Product purchased in the times and methods indicated in the Application and to communicate all the data necessary to make the correct supply of the Products possible. Any reimbursement to the User will be promptly credited through one of the methods proposed by the Owner and chosen by the User and, in case of exercising the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal itself. . The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holders, passwords, etc.). Should such third party instruments deny the authorization to pay, the Owner will not be able to supply the Products and will not be responsible for any delay or failure to deliver.

7. Invoicing

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing the Owner any fullest indemnity in this regard.

8. Methods of delivery of material Products

A tangible Product is any movable or digital good provided on a tangible medium offered through the Application. The ordered material Products will be delivered to the User, at the address indicated by him, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will take place within the terms indicated in the order confirmation. Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after this verification will it be necessary to sign the delivery documents, without prejudice to the right of withdrawal. If an order exceeds the quantity existing in the warehouse, the Owner, by e-mail, will inform the User if the Product is no longer bookable or what are the waiting times to obtain it, asking if he intends to confirm the order or not. . The Owner assumes no responsibility for the delay or failure to deliver the Product due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the agreed time. The Owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-execution of the contract for the aforementioned causes, having the User only entitled to a refund of any price paid.

9. Right of withdrawal of material Products

As required by the Consumer Code, Legislative Decree 6 September 2005, n. 206, without prejudice to the hypotheses referred to in art. 59, the User who holds the quality of consumer (natural person acting for purposes not directly related to the professional activity possibly carried out) and who for any reason is not satisfied with the purchase made of material Products, has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 14 days from the date of delivery of the Product.

In order to withdraw from the contract, the User must contact the Data Controller at the e-mail address info@barboncinitalia.it

The User will be informed of the procedures concerning the return of the Product. In case of withdrawal, the Owner will reimburse the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User communicated to the Owner that he wishes to withdraw from the contract.

The Holder will reimburse the User in the same payment methods used by the User for the online purchase.

The User must return the Products at his own expense, unless the Supplier agrees to take them on, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Owner.

The User is responsible for the integrity of the Product as long as the same asset is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible conditions, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other components. The Product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product. The Owner will not consider requests for return in the event that the returned Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.

It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases: supply of tailor-made or customized products, like most of the products on the Site.

10. Optional form to exercise the right of withdrawal

Optionally, the User can withdraw using the following form, which must be completed in its entirety and sent to the e-mail address nfo@barboncinitalia.it, before the expiry of the withdrawal period: With this form I communicate the withdrawal from sales contract relating to the following goods / services: Order number: Ordered on: Name and Surname: Address: E-mail associated with the account from which the order was placed: Date:

11. Cancellations, changes or postponements

In relation to the number of registrations received or to logistical needs, the Data Controller may cancel or postpone the conduct of an event and / or course to another date, upon notice of at least 5 days. sent to the email address provided by the User. In case of cancellation, the Owner will refund the entire amount paid by the User or, in agreement with the same, pay the User a voucher for the purchase of other Products.

14. Complaints

For any complaint or clarification, the customer must contact assistenzaclienti@clubimprenditori.net. The customer will be contacted for clarification within 5 (five) working days from the request.

15. Industrial and Intellectual Property Rights

The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the materials and contents available on the Application. These Conditions do not grant the User any license to use the Application and / or individual Contents and / or materials available therein, unless otherwise regulated. All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or its licensors and are protected. current trademark laws and related international treaties. Any reproductions in any form of the explanatory texts and contents of the Application, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.

16. Disclaimer of Warranty

The Application is provided "as is" and "as is available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never break or it will be error free or it will be virus or bug free. The Owner will endeavor to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

17 . Limitation of Liability

The Data Controller cannot be held responsible to the User for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers. Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the failure to execute the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges. incurred. The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the services purchased. The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend oneself in court, which should arise in the face of damages caused to other Users or third parties, in relation to the Content uploaded or the violation of the terms of the law or the terms of these Conditions. Therefore, the Owner will not be responsible for:

any losses that are not a direct consequence of the violation of the contract by the Owner;
any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value, etc.);
incorrect or unsuitable use of the Application by Users or third parties;
the issuance of incorrect tax documents due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion.

In no case can the Owner be held responsible for a sum greater than double the cost paid by the User.

18. Force majeure

The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as , by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the provision of third party products, services or applications. The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur. The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

19. Link to third party sites

The Application may contain links to third party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites. Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

20. Waiver

No waiver by either party of an article of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.

21. Invalidity of single clauses

If any provision of these Conditions is found to be illegal or invalid, it will not be considered as part of the Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.

22. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at the link page

23. Applicable law and competent court

These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Data Controller is based. If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the User consumer to refer to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles. 18, 19 and 20 of the civil procedure code.

24. Online dispute resolution for consumers

The Consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner.

update 05-03-2022