Terms of Sale
This document (Terms & Conditions of Sale) defines the conditions applicable to sales conducted between persons making purchases via the Barcastores website, hereinafter referred to as the “Customer”, and the Barca srl company, hereinafter referred to as “barcastores”.
The Customers using the Services offered by BARCASTORES.COM declare to know and accept these general terms and conditions.
Owner of BARCASTORES.COM and its Services
BARCA Srl
Via Treviso, 83 Scorze’ (VE) Italia
C.F./P.IVA: IT 04342910272
info@barcastores.it
About BARCA
Barcastores.com is the official website of BARCA Srl. Through the site, the Customer can search for information about the brand and buy products online.
Content provided by the Customers
The Customers are responsible for their own and third party contents that they share on BARCASTORES.COM, by uploading them, inserting contents or by any other means. Customers guarantee the Owner from any liability in relation to the illicit dissemination of third party content or the use of BARCA srl, in a manner contrary to the law. The Owner does not carry out any kind of moderation of the contents published by the Customers or third parties, but undertakes to intervene in response to reports from Customers or orders issued by public authorities in relation to content which is considered offensive or illegal.
Rights to content provided by Customers
The only rights granted to the Owner in relation to the contents provided by the Customers are those necessary for the operation and maintenance of Barcastores.
Content provided by third parties
The Owner does not make any preventive moderation on the contents or links provided by third parties shown on Barcastores. The Owner is not responsible for such contents and their accessibility.
Registration
In order to use the service Barcastores offers or part of it, Customers must register by providing, truthfully and fully, all the data requested in the relevant registration form and totally accept the privacy policy and these general conditions. The Customers are responsible for keeping their access credentials confidential.
Deleting and closing customers accounts
Registered Customers can deactivate their accounts, request their deletion or stop using the service at any time, through the Barcastores interface or by contacting the Owner directly.
In case of violation of these Terms, the Owner reserves the right to suspend or close the Customers’ account at any time and without notice.
Purchase
Purchasing process
1.1 Orders are subject to availability and discretionary acceptance by the Owner. You must select the products and check out.
1.2 Your order proposal is an irrevocable offer to buy the products. In fact, you are subject to payment of the price of the item(s), taxes and shipping which is indicated in the order summary form. Before submitting the order proposal form, you will therefore be asked to identify and correct any possible input errors.
1.3 Following placement of your order proposal, Barcastores will send you an automatic acknowledgment of receipt. However, this does not constitute acceptance of your order.
1.4 The acceptance of your order proposal will take place when you receive an email that confirms that the order has been dispatched, at which point a contract will come into existence between you and Barcastores.
1.5 Your contract is concluded when the Order Confirmation with tracking number is sent by the Owner to the email address you provided.
1.6 The Owner reserves the right not to confirm an order by notifying you within 30 days of purchase, at the email address associated with your purchase, the unavailability of one or more of the products purchased.
1.7 In this case the Owner will refund you the price and shipping costs.
Product Availability
Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the product photographic images, unit price, colours and sizes. Moreover, prices, descriptions or availability of the products on display are subject to change without notice. The photos inserted are indicative and do not constitute a guarantee of the quality of the products.
Execution of the Order
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product.The Owner cannot be held responsible for damages suffered by you due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the Order Confirmation.
Delivery
-Deliveries are made during normal business hours to the address you indicated and in the manner specified in the order summary.
-When you receive your order, you must check the content by specifying any anomalies you notice in the delivery form.
-In case of failure to collect within the deadline set by the courier, the products will be returned to the Owner, who will refund you the price of the products but not the shipping cost.
- The Owner can not be held responsible for errors in delivery due to inaccuracies or incomplete data in the compilation of the purchase order by you, for any damage that may have occurred to the products after the delivery to the courier, where the latter has been chosen and commissioned by you and for delays in the delivery attributable to the courier.
Right of withdrawal
In case of purchase of products or services on BARCASTORES.COM, the Customers have a period of 14 days to exercise their right to withdraw from the contract without giving reasons nor pay any penalties. The withdrawal period expires 14 days after the day on which the Customer or a third party - other than the courier and designated by the Customer- acquires physical possession of the goods. To exercise the right of withdrawal, the Customer must inform the Owner of the decision to withdraw by means of an explicit declaration sent to these contacts here indicated.
Effects of withdrawal
If the Customers withdraw from this contract, the customers will be refunded all the payments they have made to Barcastores, excluding the delivery costs for shipments made abroad without undue delay and in any case no later than 14 days from the day in which the Owner is informed of the Customers’ decision to withdraw from this contract. Such refunds will be made using the same form of payment method from when the purchase was made, unless the Customers have expressly agreed otherwise; in any case, the Customer will not incur any costs as a result of such refund. The refund may be suspended until receipt of the goods or until the Customers have demonstrated that the goods have been returned, whichever is earlier. The Customers are requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which they have communicated the withdrawal from this contract. The costs of returning the goods will be borne by the Customers. The Customers are only responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Limitations to the right of withdrawal on products
Barcastores do not replace or refund damaged or clearly used products, even in part. The Customers must insert inside the packaging box a copy of the delivery document received. The right of withdrawal does not apply: to clearly personalized goods or which, by their nature, are liable to deteriorate rapidly, to goods that are sealed and do not lend themselves to being returned for hygienic reasons or are related to health protection and have been opened after delivery.
Guarantees
The consumers are entitled to a guarantee on the conformity of the products and services purchased. The guarantee has a duration of 24 months running from the day the goods are received and the lack of conformity must be communicated to the Owner within 2 months from the discovery. In order to exercise the right of guarantee, the Customer must send an e-mail to the Owner indicating the order number and the accurate description of the defect (it is suggested to attach photographic material as well). All the elements are essential and will be verified by the Owner before responding to the Customers. If the conformity defect of the product is ascertained,the Customers have the right to obtain, after returning the defective product to the Owner, its repair or replacement. If the Owner has not repaired or replaced the goods within a reasonable period of time or if the replacement or repair previously carried out has caused significant inconvenience to the Customer, the latter also have the right to ask the Owner for an appropriate price reduction or termination of the contract if the repair and replacement is impossible or excessively expensive. In order to exercise the right of guarantee and for further information, the Customers must contact Barcastores at info@barcatsores.com.
The Service is provided "as it is".
The service is provided by the Owner "as it is", without any express or implied guarantee for its accuracy or availability.
Interruption of the Service
Barcastores reserves to itself the right to add, remove services or characteristics or suspend or discontinue the provision of the service, either temporarily or permanently. In case of permanent interruption, Barcastores will act as possible to allow Customers to withdraw their information hosted at barcastores.
Resale Service
The Customers are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Barcastore.com and its services without the express permission of the Owner, granted directly or through a specific resale program.
Release
The Customers undertake to indemnify barcastores (as well as any companies controlled or affiliated by the same, its representatives, directos, agents, licensees, partners and employees) from any obligation or liability, including any legal fee incurred to defend itself in court, that may arise from damage caused to other Customers or third parties, in relation to content uploaded online, violation of the law or the terms of these terms of service.
Use not allowed
The service must be used in accordance with the Terms. Customers cannot:
perform reverse engineering, decompile, disassemble, modify or create derivative works based on Barcastores.com or any portion of it;
game the computer systems used by Barca or its licensors to protect the content accessible through it;
copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by Barca;
use any robot, spider, site search and/or retrieval application or any other device, process or automatic means to access, retrieve, scrap or index any portion of Barcastores.com or its contents;
rent, fire or sublicense Barcastores.com;
slander, offend, harass, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;
disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
use Barcastores.com in any other improper manner that violates these Terms
Privacy policy
For information on the use of personal data, customers should refer to Barcastores' privacy policy.
Intellectual property
All trademarks of the Application, figurative or nominative, and all other signs, business names, service marks, word marks, trade names, illustrations, images, logos that appear concerning Barcastore are and remain the exclusive property of the Barcastores and its licensors and are protected by current trademark laws and related international treaties.
Age Requirements
Customers declare to be of legal age according to the legislation applicable to them. Minors may use Barcatores.com only with the assistance of a parent or guardian. Under no circumstances minors under 13 years of age may use Barcatores.com.
Limitation of liability
Barcastores, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature to Customers or third parties only when these are an immediate and direct consequence of Barcastores' activity, due to intent or gross negligence. The Customers expressly exonerate and release Barcastores from any liability, to the extent permitted by applicable law, in relation to any damages or claims of any type and kind owned by Barcastores and/or third parties including direct, indirect, punitive, incidental, special damages, damages resulting from lost profits, lost revenues, loss of data or replacement costs arising out of or in any way connected with these terms.
Changes to these terms
Barcastores reserves the right to make changes to the Terms at any time, giving notice to the Customers through its publication on Barcastores.com. If the Customers continue to use Barcastores.com after the changes have been published, the Customers accept the new terms without reservation.
Contract release
Barcastores reserves the right to transfer, assign, dispose by novation or sub-contract all or some of the rights or obligations arising from these terms, provided that the Customers’ rights provided herein are not affected. The Customers may not assign or transfer in any way its rights or obligations under the Terms without the written permission of Barcastores.
Communications
All the communications relating to Barcastores must be sent using the contact information indication written in this contract.
Ineffectiveness and partial nullity
If any provision of these terms is found to be void, invalid or unenforceable, such provision will be deleted while the remaining provisions will remain in full force and effect.
Applicable Law and Jurisdiction
These terms and all the disputes regarding the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where Barcastore is located. An exception is the exclusive jurisdiction of the consumer, if the law so provides.
Online dispute resolution for consumers
Customers living in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This instrument can be used by the European customers to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and services stipulated on the network. Consequently, if you are a European customer, you can use this platform for the resolution of any dispute arising from the online contract with Barcastores. The platform is available at the following link (mettere link). Barcastores is available to answer any question sent by email to this email address info@barcastores.com.
Conciliation procedure for the resolution of disputes with consumers
We do not participate in conciliation procedures for the resolution of disputes with consumers.
COVID 19 INFO
Dear Customers,
We hope that this message finds you and your loved ones healthy and safe.
These are hard times for everyone and we want to assure you we are taking all the necessary precautions in our offices and stores and we follow the steps decided by the WHO and our government's guidelines. Our priority is the safety of our customers and employees.
Thank you for your support as we try to do our best.