TERMS AND CONDITIONS OF SALE
These Terms govern
- the use of this Web Site
- any other Agreement or legal relationship with the Owner
in a binding manner. Capitalised expressions are defined in the relevant section of this document. The User is requested to read this document carefully.
The party responsible for this Website is:
Barena s.r.l., VENEZIA (VE) CANNAREGIO, 6262/B CAP 30100
P. VAT: 04741590279
Holder's e-mail address: email@example.com
To know for correct interpretation
- The right of withdrawal only applies to European consumers.
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.
- The use of this Web Site and the Murano Glass Products Online Sales Service is restricted to Users of legal age under applicable law.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this Website set out in this section apply generally. Further conditions of use or access applicable in particular situations are expressly stated in this document. By using this Web Site the User declares that he/she meets the following requirements: - - The User is of legal age under applicable law;
In order to use the Service the User may open an account by providing all the required data and information in a complete and truthful manner. It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available. It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website. By creating an account the User agrees to be fully responsible for any activity carried out with his/her access credentials. Users are required to notify the Controller immediately and unambiguously via the contact details set out in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disclosed or stolen.
The User is free to close his/her account and cease using the Service at any time by accessing his/her private area or by contacting the Controller at the contact details indicated in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User's account at any time in its sole discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms. Suspension or deletion of an account does not give the User any right to compensation, refund or indemnity. Suspension or deletion of an account for reasons attributable to the User shall not relieve the User from payment of any applicable fees or prices.
Content on this Web Site
Unless otherwise stated or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this. In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.
Rights to the contents of this Website
The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents. Users are not authorised to use the contents in any way that is not necessary or implicit for the proper use of the Service. In particular, but without any exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge. Where expressly stated on this Web Site, the User is authorised to download, copy and/or share certain content available on this Web Site solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed. The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources
Through this Website Users may have access to resources provided by third parties. The Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability. The conditions applicable to the resources provided by third parties, including those applicable to possible concessions of rights on contents, are determined by the third parties themselves and regulated in their terms and conditions or, in their absence, by law.
This Web Site and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law. It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any laws, regulations or the rights of third parties. Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or legal authorities, the e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing: violations of the law, regulations and/or the Terms; infringements of third parties' rights; acts that may considerably prejudice the legitimate interests of the Owner; offences against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Prices, descriptions and availability of the Products are specified in the respective sections of this Web Site and may be changed by the Owner at its own discretion to the exclusion of pending orders. Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any guarantee as to the characteristics of the Product purchased. The characteristics of the selected Product will be specified during the purchase procedure.
Each step, from the selection of the product to the placing of the order, is part of the purchase procedure. The purchase procedure comprises the following steps:
- Users are requested to choose the desired Product and to check their purchase choice.
- After checking the information visible in the purchase choice, Users can place their order by placing it.
Placing an order
- Sending the order entails the following: The submission of the order by the User determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also creates an obligation on the part of the User to cooperate accordingly.
- Once the order has been placed, Users will be sent a confirmation of receipt of the order. All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them. The prices on this Web Site include all applicable commissions, taxes and costs.
Means of payment
Details of the accepted means of payment are highlighted during the purchase process. Some means of payment are subject to further conditions or involve additional costs. Details can be found in the relevant section of this Website. All payments are handled independently by third party services. Therefore, this Web Site does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful. In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees arising from the failed or rejected payment shall be borne by the User.
Contractual right of withdrawal
The Holder grants the Users the contractual right to withdraw from the purchase contract in accordance with the terms and conditions set out in the relevant section of this Website within 14 days of the conclusion of the contract.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary. At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document, or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. Delivery times are indicated on this Web Site or during the purchase process. Unless otherwise specified on this Web Site or agreed with the User, Products are normally delivered within thirty (30) days of purchase.
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User. In the event that the goods are not delivered or collected at the agreed time or within the agreed period, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree further arrangements. Unless otherwise specified, each delivery attempt after the second one shall be at the User's expense.
Right of withdrawal
Unless an exception applies, the User has the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who has the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without justification. Users who do not fulfil these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Controller an unequivocal communication of his intention to withdraw from the contract. For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the goods. In the case of the purchase of several goods ordered together but delivered separately, or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him/her and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Holder shall refund all payments received including, if any, those relating to delivery costs to Users who have correctly exercised their right of withdrawal. However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the User's responsibility. Reimbursement shall take place without undue delay and in any event within 14 days from the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment as was used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.
On contracts for the purchase of goods
Unless the Holder has offered to collect the goods, the User is obliged to return them to the Holder or to another person authorised by the Holder to receive them without undue delay and in any event within 14 days from the day on which he communicated his intention to withdraw from the contract. The deadline is met if the delivery of the goods to the carrier or other authorised person takes place before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return. The User shall be liable for any decrease in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and functioning.
The User shall bear the return shipping costs.
Legal guarantee of conformity of the Product
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer. Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on this Web Site in accordance with the laws of the country in which they ordinarily reside. The national laws of that country may grant such Users broader rights.
Limitation of liability and indemnity
You agree to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with negligent conduct such as using or connecting to the service, violation of these Terms, violation of third party rights or laws by you, your affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law.
Limitation of liability for User's activities on this Web Site
Unless otherwise specified and subject to the applicable statutory provisions on product liability, all claims for damages against the Controller (or any natural or legal person acting on its behalf) are excluded. The foregoing shall not limit the Holder's liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary for the achievement of the cause of the contract, and/or to damages caused with intent or gross negligence, provided that the use of this Website by the User has been appropriate and correct. Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is only liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion. Notwithstanding the foregoing, the following limitations shall apply to all Users not acting as Consumers: In the event of liability on the part of the Holder, the compensation due may not exceed the total amount of payments which have been, will be or may be contractually due to the Holder by the User for a period of 12 months or for the entire duration of the Agreement, whichever is shorter.
No implied waiver The Owner's failure to exercise any statutory right or claim under these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to a specific right or any other right.
Interruption of the Service
In order to guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users. Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will ensure that Users can retrieve their Personal Data and information in accordance with the law. In addition, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.). Resale of the Service Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate resale programme.
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Web Site are held exclusively by the Owner or its licensors and are protected in accordance with the legislation and international treaties applicable to intellectual property. All trademarks - whether word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes to the Terms
The Owner reserves the right to amend the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users. The changes will only affect the relationship with the User in the future. Continued use of the Service implies the User's acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement. The previous applicable version shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner. Any changes to these Terms shall be communicated in writing at least one month before they become effective. Should the Consumer not accept the amended Terms, he shall be entitled to terminate the Agreement without prejudice and without any right to compensation within four months from the date on which the amendments to the Terms became effective. If required by applicable law, the Controller shall specify the date by which the amendments to the Terms shall become effective.
All communications relating to the use of this Website should be sent to the contact details set out in this document.
Should any provision of these Terms be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not cause the remaining provisions to be invalid or unenforceable and the remaining provisions shall remain valid and enforceable. Users Should any provision of these Terms be or become null, invalid or ineffective, the parties shall endeavour to amicably find a valid and effective provision to replace the null, invalid or ineffective provision. In the event of failure to agree within the above time limits, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision. Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unacceptable and excessive burden on one of the parties.
The Terms are governed by the law of the place where the Owner is established, i.e. Italian law, as indicated in the relevant section of this document regardless of conflict of law rules.
Exception for European Consumers
However, notwithstanding the foregoing, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.
For any disputes arising from the interpretation or execution of these terms and conditions of sale, the court of the place where the consumer has his residence or domicile shall have jurisdiction. We would like to remind you that a European platform has been set up for the online settlement of disputes between professionals and consumers, which can be consulted at the following link: https://ec.europa.eu/consumers/odr/.Qualunque whatever the outcome of the out-of-court procedure, the consumer's right to bring the matter before the competent court remains unaffected. In addition, if the consumer resides in an EU country other than Italy, for small claims (not exceeding EUR 2,000.00, excluding fees, interest and costs) it is possible to access the procedure established by Regulation (EC) 861/2007.
How the contract is archived
Pursuant to Article 12 of Legislative Decree no. 70/03, the supplier informs the customer that each order sent is stored in digital/paper form on the server/at the supplier's premises according to criteria of confidentiality and security. The customer will receive an order summary e-mail and a product shipment confirmation e-mail within 48 hours of purchase. The customer undertakes, once the on-line purchase procedure has been completed, to print and keep this contract.