The purpose of these conditions is to enter into a contract for the purchase of the products (the “products”) displayed on the website https:// barbieri.shop/ (“website”) of the company LARIOSETA spa (VAT IT00223490137), with registered office in Via Asiago 31, Como 22100 Italy, is the Data Controller pursuant to and for the purposes of Article 26 of the GDPR.

PEC: larioseta@pec.confindustriacomo.it

E-MAIL: barbieri@larioseta.com

Each user who browses the site (“user”) is invited to read the terms and conditions before completing an order for the purchase of products on the site (“order”); Sending an order implies its acceptance. Any modification to the contract will become effective immediately upon publication on the Site and will govern all subsequent orders.

These conditions are valid from the date of their publication on the https://barbieri.shop/ website and may be updated or modified at any time, without prior notice. Such changes and updates will be effective from the date of publication of the same on the site.

Pursuant to and for the purposes of art. 45 of Legislative Decree no. 206 of 6 September 2005 (hereinafter referred to as the “Consumer Code”), “distance contract” means “any contract concluded between the professional and the consumer within the framework of an organized regime of distance sales or provision of services without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself”.

Pursuant to and for the purposes of art. 3 of Legislative Decree no. 206 of 6 September 2005, “consumer” or “user” means “the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out”.

The conditions of purchase are governed by the provisions of the Consumer Code while the protection of personal data (privacy) is regulated by the provisions of EU Regulation 2016/679 (GDPR) and the Decree Legislative Decree no. 196 of 30 June 2003 (hereinafter referred to as the “Personal Data Protection Code” or “Privacy Code”)

In order to purchase products through the site, you must be of legal age.

The site, in fact, is dedicated to retail sales and as such is intended for the exclusive use of consumers, as defined pursuant to the Consumer Code. If one or more sales are made to a person who does not qualify as a consumer, these general terms and conditions of sale will apply but, by way of derogation from the provisions of the same:

• the purchaser will not be granted the right of withdrawal provided for in favour of the consumer by the Consumer Code;
• the purchaser will not be able to benefit from the product warranty provided for by the consumer code in favour of the consumer;
• the purchaser will not be granted any other protections, provided for by the Consumer Code in favor of the consumer, which comply with mandatory provisions of the law;
• the sales contract concluded between LARIOSETA and the buyer shall be governed by Italian law, with the exclusion of the Vienna Convention of 1980.

The foregoing terms are an integral and substantial part of this contract.

Once the online purchase procedure has been completed following the inclusion of the products in the cart, by clicking on “PLACE ORDER”, the Customer will accept the terms and conditions of sale set out in this contract and will authorize LARIOSETA to charge the total amount indicated, including the contribution for shipping costs.

These Terms and Conditions may be printed or saved on a durable digital medium, in compliance with the provisions of art. 12 of Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

How to buy

The products offered for sale are only those present on the Site at the time the Order is placed, as described in the relevant information sheets. In any case, it is understood that the images accompanying the description of a product are for information purposes only and may not be perfectly representative of its characteristics, but may differ -for example- for color and size (also due to the browser and monitor used to access the Site and display images).

In order to place an Order, the Customer must fill in the relevant form on the Site and send it following the instructions on the Site, after having carefully read these Conditions, as well as the characteristics of the product and/or products he intends to purchase, the relative price (including all applicable taxes or duties) and shipping costs (including any additional costs to be incurred for choosing a type faster and/or different from the standard shipping and delivery rate). The Customer will be able to request the invoice from Customer Service after receiving the shipping confirmation email only if at the time of purchase he has clicked on “Do you want to request the invoice?” and has entered the tax code.

LARIOSETA will confirm the correct receipt of the Order by means of an e-mail reply, sent to the e-mail address provided by the Customer. This confirmation message will contain the General Terms and Conditions of Sale and briefly the information on the Right of Withdrawal and therefore all the information contained in the commercial and contractual conditions viewed before placing the Order (the main characteristics of the product, information details on the price, payment terms, return methods and shipping costs) so as to allow the Customer to review this information.

LARIOSETA may not be able to process Orders that are incomplete or inaccurate or in the event of unavailability of the products. In such cases, LARIOSETA will inform the Client of the failure to conclude the contract, specifying the reasons.

If the products for sale on the Site are no longer available at the time of receipt of the Order by the Seller, the Seller will inform the Customer as soon as possible.

In the event of an Order being completed and the price already paid for a product no longer available, the Seller will reimburse the Customer, without undue delay, for the amount paid and the contract concluded between the parties will be considered terminated.

Prices and payment methods

The prices indicated on the Site are inclusive of taxes and VAT. Any shipping costs or payment costs are in any case communicated in advance to the Customer through the Site.

Purchases can only be made by credit card or debit card, with PayPal or with any other methods indicated on the Site (eg Stripe etc.).

In the case of payment made by credit card or debit card, the financial information (such as, for example, the card number and/or the expiry date) will be sent via encrypted protocol to the transaction manager or to the competent banking institution, which provides the relevant remote electronic payment services, without third parties being able to know it in any way. This information will also be used by the Seller only to follow up on the purchase or for any refund procedure in the event of a return, following the exercise of the right of withdrawal or to report any fraud to the police.

Under no circumstances and at no stage of the payment process will LARIOSETA be able to know the information relating to the Customer’s credit cards, which will be directly transmitted via a secure connection to the website of the bank that manages the transaction.

LARIOSETA will not store such data in any computer file and therefore under no circumstances can it be held responsible for any fraudulent and improper use of credit cards by third parties at the time of payment.

The price of the products on sale and the shipping and delivery costs indicated in the Order form, will be charged to the Customer only after the shipment of the products themselves.

Delivery of products and shipping costs

The purchased products will be delivered to the address indicated by the Client in the Order, by LARIOSETA and its logistics service providers, at the cost specifically indicated on the Site before the Order is sent.

The delivery times of the products may also vary with respect to what is entered on the site, for reasons not attributable to the seller and not remediable by it. At the time of delivery of the products, the Customer is required to sign the delivery note after having duly checked:

• that the number of packages delivered corresponds to what is indicated in the transport document;
• that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials (adhesive tape or metal strapping).

Eventuali danni all’imballaggio e/o al prodotto o la mancata corrispondenza del numero dei colli o delle indicazioni, dovranno essere immediatamente rilevati, apponendo una specifica indicazione sul documento di consegna del prodotto da riconsegnarsi al corriere.

Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately detected, by placing a specific indication on the delivery document of the product to be returned to the courier.

Any problems related to the physical integrity, correspondence or completeness of the products received should be reported within 7 days of delivery to allow LARIOSETA to proceed with the appropriate checks. In any case, the above does not affect in any way the right of return or the legal warranty on the product.

The purchased products are provided with an identification tag with the disposable seal, both of which are necessary in case of return of the good

Right of withdrawal and return

The Customer has the right to withdraw from the purchase contract for any reason, without the need to give reasons and without any penalty, within 14 (fourteen) days from the date of delivery of the products.

To exercise the right of withdrawal referred to in the previous paragraph, the Customer must send a simple e-mail to: barbieri@larioseta.com informing us of the intention to return the goods.

The following must be kindly indicated:

• your order number
• your name, surname and address
• the intention to exchange the goods or return them
• the reason for the return or exchange (not mandatory)

LARIOSETA will reply to your email within 24-48 hours.

In case of withdrawal, the Customer must return the products to Barbieri within 14 (fourteen) days of the withdrawal, in one of the following ways:

• sending the products to be returned to the address of the company LARIOSETA spa (VAT IT00223490137), with registered office in Via Asiago 31, Como 22100 Italy through the courier chosen by Barbieri. Please contact the Courier to arrange a pick-up. The cost of shipping is the responsibility of the customer.

The goods must be returned intact, together with the original packaging (including any accessories, labels, tags, seals, etc.) and possibly used for the time strictly necessary to establish and verify their nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, in compliance with the following conditions:

• the right of withdrawal may apply to the product purchased in its entirety; It is not possible to withdraw only on part of the purchased product (including the accessory equipment: labels, tags, seals, etc.)

The shipment of the products, until the certificate of receipt by LARIOSETA, is under the complete responsibility of the Customer. Therefore, in the event of damage to the products during transport, LARIOSETA will notify the Customer, so as to allow him to promptly file a complaint against the courier and obtain the relevant refund; the product will then be made available to the Customer, at the same time cancelling the withdrawal request or indicating to the Customer the decrease in value of the goods and the related refund.

LARIOSETA will not be liable in any way for damage, theft or loss occurring during or in any case depending on the return shipment.

LARIOSETA will reimburse the Client for the full amount paid within 14 (fourteen) days from the date of withdrawal.

LARIOSETA may suspend the refund until the returned product is received or until the Customer proves that the product has been correctly returned, whichever is earlier.

After the return of the products, the seller will carry out the necessary checks relating to the compliance of the same with the conditions and terms indicated in this document and if the checks are not concluded positively, it will notify the Customer, by e-mail, of the existence of a decrease in value of the returned products, resulting from the failure to comply with the aforementioned conditions.

At the same time, LARIOSETA will communicate the amount that will be deducted from the refund, without prejudice to the possibility, alternatively, for the Customer to obtain, at his own expense, the products in the condition in which they were returned to LARIOSETA.

In the event of forfeiture of the right of withdrawal for any reason, LARIOSETA will return the purchased product to the sender, charging the sender for the shipping costs and, if already refunded, the price of the product.

Complaints and requests for information

Any complaint or request for information may be addressed to:

LARIOSETA s.p.a. (VAT IT00223490137), with registered office in Via Asiago 31, Como 22100 Italy

PEC: larioseta@pec.confindustriacomo.it

Privacy

The personal data collected with the placing of the Order will be processed by Barbieri, as Data Controller, exclusively for the sale and for the activities related to it, in accordance with the provisions of the legislation and the Privacy Policy available on the Site. Any further processing will only be carried out with the express consent of the Client.

Governing Law

The contract of sale referred to in these Terms and its execution is governed by Italian law, with the disapplication of conflict rules and the United Nations Convention on the International Sale of Goods.

The Court of Como will have jurisdiction over the resolution of the relevant disputes.

Finally, we inform you that the European Commission provides a platform for out-of-court alternative dispute resolution, including accessible on the https://ec.europa.eu/odr.

Changes and Updates

These General Terms and Conditions of Sale may be amended from time to time, also as a result of any changes in the name. The new General Terms and Conditions of Sale will be effective from the date of publication on the Site.