These conditions are valid only between the company “Società Agricola F.lli Barba srl”, with registered office at Via Patini, 7 – 64026 Roseto degli Abruzzi (TE), registered at the commercial register of Teramo with no. 57779, VAT number and tax code 00283640670, (hereinafter referred to as ” Società Agricola F.lli Barba srl”) and any person, company or other subject (hereinafter referred to as ” CUSTOMER”), who purchases through the website “www.fratellibarba.it”.
Only those who have reached 18 years of age can be a “CUSTOMER”. Consequentially, online buying at “www.fratellibarba.it” is not permitted to individuals who have not reached the age of 18.
These conditions may be subject to changes and the date of publication on the site will be the date of entry into force of these provisions.
These terms and conditions which regulate the purchases made on the website www.fratellibarba.it, are in accordance with the provisions of Part III, Title III, Sub-section I of the Consumer Code, Legislative Decree no. 206/2005, as amended by the Legislative Decree. no. 21/2014 and by the Legislative Decree no. 70/2003 regarding electronic commerce.
SECTION 1 – Object of the contract
With these general conditions of sale, the company “Società Agricola F.lli Barba srl” sells and the CUSTOMER makes distance purchases of tangible, movable goods shown and offered for sale on the website www.fratellibarba.it. The contract is concluded exclusively through the Internet, by the CUSTOMER’s access to the website www.fratellibarba.it and the creation of a purchase order in accordance with the procedure provided by the website itself.
The customer agrees to read, prior to confirmation of the order, the present general conditions of sale, in particular the pre-contractual information provided the company “Società Agricola F.lli Barba srl” and to accept them by ticking the indicated box.
SECTION 2 – Pre-contractual information for the consumer (section 49 of the Legislative Decree no. 206/2005)
The CUSTOMER, before the conclusion of the purchase contract, examines the characteristics of the goods that are described in the individual product data sheets at the time of the selection.
Before the conclusion of the purchase agreement and before the order is validated with the “payment obligation”, the CUSTOMER is informed of:
– the total price of the goods inclusive of taxes, with details of shipping and any other costs;
– the method of payment to be used;
– the period within which the company “Società Agricola F.lli Barba srl” is committed to deliver the goods;
– the conditions, terms and procedures for exercising the right of withdrawal (Section 8 of these conditions), as well as of the sample withdrawal form in Annex I, Part B of the Legislative Decree no. 21/2014;
– the information concerning the cost that the CUSTOMER must incur to return the assets in the event of withdrawal;
– the existence of a legal guarantee of conformity for the goods purchased;
– the conditions of after-sale assistance.
The CUSTOMER may at any time and in any event before the conclusion of the contract, take note of the information relating to the company “Società Agricola F.lli Barba srl”, its geographical address, its phone and fax numbers, its email address, as well as the information below:
company “Società Agricola F.lli Barba srl”
registered office via Patini, 7 – Zip code 64026, Roseto degli Abruzzi (TE)
tel. 085 8990104 – Fax 085 8930485
email: cantina@fratellibarba.it
SECTION 3 – Conclusion and effectiveness of the contract
The CUSTOMER confirms their purchase order when they have completed the payment process.
The sale contract is considered concluded once an order confirmation has been sent to the customer via email by the company “Società Agricola F.lli Barba srl”. The e-mail contains the CUSTOMER’s details and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER agrees to verify the correctness of the personal details contained in such email and promptly inform the company “Società Agricola F.lli Barba srl” of any possible corrections.
The company “Società Agricola F.lli Barba srl” is committed to describe and present the items sold on the website as accurately as possible. Nevertheless there may be small discrepancies between the website and the actual product.
The company “Società Agricola F.lli Barba srl” is committed to deliver the goods within the days indicated in the completion of the order.
SECTION 4 – Availability of products
The availability of the products refers to the actual availability at the moment when the CUSTOMER places the order. This availability must still be considered indicative because, due to the simultaneous presence of multiple users on the website, the products could be sold to other CUSTOMERS before the confirmation of the order.
Even following the sending of an e-mail confirmation of the order by the company “Società Agricola F.lli Barba srl”, there may be cases of partial or total unavailability of goods. In this case, the order will be adjusted automatically with the elimination of the product that is not available and the CUSTOMER will be notified immediately via e-mail.
If the CUSTOMER requires the cancellation of the order, thus solving the contract, the company “Società Agricola F.lli Barba srl” will refund the amount paid within 14 days from the day on which the company “Società Agricola F.lli Barba srl” has knowledge of the customer’s decision to terminate the contract.
SECTION 5 – Payment
The payment by the CUSTOMER may only take place by bank transfer or Paypal payment.
CREDIT CARD PAYMENTS THROUGH PAYPAL CIRCUIT
For purchases paid with the PayPal payment method, the customer will be redirected to the login page of PayPal at the end of the order. If you do not have access to PayPal, you can make the purchase with a credit card without prior registration to the PayPal services. The amount of the order will be charged to your PayPal account directly upon completion of the payment. At no time of the purchase is the company “Società Agricola F.lli Barba srl” able to know information regarding the CUSTOMER’s PayPal account and the credit card associated with it. For every transaction made with your PayPal account, you will receive a confirmation email from PayPal.
PAYMENTS BY BANK TRANSFER
When paying by bank transfer the goods will be dispatched only after verification that the payment has been credited to our bank account. The details of the bank account on which to make the transfer are shown at the end of the order confirmation sent by e-mail.
SECTION 6 – Prices
All the selling prices of the products listed on the site www.fratellibarba.it are in Euros and include VAT.
The shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the buying process, before payment.
The table of shipping costs is as follows: Download PDF
The CUSTOMER accepts the right of the company “Società Agricola F.lli Barba srl” to change its prices at any time; however, the goods will be invoiced based on the prices listed on the website at the time the order was created and shown in the e-mail confirmation sent by the company “Società Agricola F.lli Barba srl” to the CUSTOMER.
In the case of errors, including computer-related, manual, technical, or of any other nature, that may lead to a change in the sale price which is substantial and unforseen by the company “Società Agricola F.lli Barba srl”, so as to make the sale price exorbitant or clearly ridiculous, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
SECTION 7 – Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER is entitled to cancel the purchase without penalty and without specifying the reason, within 14 days from the date of receipt of the products.
In case of multiple purchases made by the CUSTOMER with one order and delivered separately, the period of 14 days starts from the date of receipt of the last product.
The CUSTOMER who wishes to exercise the right of withdrawal must notify the company “Società Agricola F.lli Barba srl” through explicit declaration, which can be sent by registered letter or by clicking on the “My orders” section of the “My online account” space on the website www.fratellibarba.it, by creating an online return procedure.
The CUSTOMER may exercise the right of withdrawal also sending any explicit declaration containing the decision and the reasons for rescission or alternately transmit the withdrawal form, in Annex I, Part B of the Legislative Decree no. 21/2014 (however not mandatory), the text of which is shown below:
Download Barba Withdrawal form
In case the right of withdrawal is exercised, the CUSTOMER is obliged to return the goods within 14 days from the day they informed the company “Società Agricola F.lli Barba srl” of their intention to withdraw from the contract in accordance with Section 57 of the Legislative Decree 206/2005.
The goods must be returned to the company “Società Agricola F.lli Barba srl”, Strada rotabile per Casoli, 8 – Frazione Scerne – 64020 Scerne di Pineto (TE).
The direct costs of returning the product are charged to the CUSTOMER.
The goods must be returned intact, in the original packaging, complete in all their parts (including the packaging) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the company “Società Agricola F.lli Barba srl” will refund the amount of the products covered by the withdrawal within a maximum period of 14 days, including any shipping costs.
As required by Section 56, paragraph 3 of the Legislative Decree no. 206/2005, as amended by the Legislative Decree no. 21/2014, the company “Società Agricola F.lli Barba srl” may suspend the reimbursement until the receipt of the goods or until the CUSTOMER documents having sent back the goods to the company “Società Agricola F.lli Barba srl”.
The company “Società Agricola F.lli Barba srl” will refund the amount using the same payment method chosen by the CUSTOMER during the purchase. In the case of bank transfer, when the CUSTOMER intends to exercise their right of withdrawal, he will have to provide the company “Società Agricola F.lli Barba srl”, through the “contact us” section, with the following bank details: IBAN, SWIFT and BIC as needed to conduct the reimbursement by the company “Società Agricola F.lli Barba srl”.
SECTION 8 – Legal guarantee of conformity
In case of receipt of products which do not comply with the orders, the CUSTOMER, within 30 days from the date of receipt of the goods, has the right to the correction of the non-conformity without charges, by the replacement of the delivered product if returned undamaged.
The CUSTOMER will have to create an online return procedure by clicking on the “My orders” section of the “My online account” space on the website www.fratellibarba.it. The company “Società Agricola F.lli Barba srl”, in the case of non-conforming products, will, at its own expense, organize the withdrawal of the product, depending on the availability of the CUSTOMER.
SECTION 9 – Delivery Methods
The company “Società Agricola F.lli Barba srl” will only accept orders to be delivered in Italian territory, in the Republic of San Marino and in the States indicated in the order. The products will be delivered by courier to the address indicated by the CUSTOMER at the time of the order and no later than the days indicated at the time of the order, and once the order-confirmation e-mail sent by the company “Società Agricola F.lli Barba srl” has been received.
For every order placed on the website www.fratellibarba.it, the company “Società Agricola F.lli Barba srl” will produce an invoice for the goods shipped. The invoice will contain the information provided by the CUSTOMER during the purchase process. Once the invoice has been issued, it will no longer be possible to change the information it contains.
The invoice will be sent with the goods.
SECTION 10 – Liability
The company “Società Agricola F.lli Barba srl” assumes no liability for disruptions caused by force majeure or unforeseeable circumstances, even when dependent on malfunctions or disruptions of the Internet or on shipping courier, in case it fails to give effect to the order within the time stipulated in the contract.
SECTION 11 – Access to the website
The CUSTOMER has the right to access the website for consultation and purchases. No other use, in particular commercial, of the website or of its content is allowed. The integrity of the elements of this website, whether audio or visual, and the related technology used, remain the property of the company “Società Agricola F.lli Barba srl” and are protected by intellectual property rights.
SECTION 12 – Cookies
The website www.fratellibarba.it uses ” cookies ”. Cookies are electronic files that record information about the navigation of the CUSTOMER on the website (pages visited, date and time of visit, etc …) and which allow the company “Società Agricola F.lli Barba srl” to offer a personalized service to its customers.
The company “Società Agricola F.lli Barba srl” informs the customer of the possibility to disable the creation of such files, by logging into their Internet configuration menu. It is understood that this will prevent the customer from purchasing on line.
SECTION 13 – Integrality
These Conditions of Sale are comprised of the totality of the Sections of which it is made up. If one or more provisions of these Conditions of Sale is deemed invalid or declared so under the law, a regulation or following a decision by a court of competent jurisdiction, the other provisions remain in full force and effect.
SECTION 14 – Governing Law and Jurisdiction
These General Conditions of Sale are subject to the Italian law.
Any dispute which does not reach an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located within the State territory.
In any case, it is possible to use the mediation procedures under the Legislative Decree no. 28/2010, and following amendments, for the resolution of any disputes that may arise in the interpretation and execution of these conditions of sale.
