TERMS OF SALE

_Introduction

These terms of sale govern online purchases of all products presented on the website shop.bharbjt.com managed by Gianola Giulio Snc, with registered office in Via Risorgimento 88/A, 23834 – Premana (LC), Italy.

It should be noted that these terms of sale refer to Consumers and apply exclusively to persons who fall within this category. More specifically, Consumers shall benefit from all the protections provided for by distance contracts in accordance with Title III, Section II of Leg. Decree of 6 September 2015 n. 206 (Consumer Code) and with any other applicable legal provisions.

These following definitions shall apply within these terms of sale:

“Consumer” shall mean any natural person who places an order for purposes not relating to their trade, business, craft and profession.

“Professional” shall mean any natural or legal person who places an order for purposes relating to their trade, business, craft or profession.

“Customer” shall mean either a Consumer or a Professional.

“Order” shall mean any proposal relating to the purchase of one or more products, formulated online by the Customer towards Gianola Giulio Snc.

“Contract” shall mean any agreement between Gianola Giulio Snc and a customer regarding the latter’s purchase of one or more products concluded using the Website.

_Conclusion of the contract via internet

Any Contract relating to the purchase of products shall be concluded in Italian. Unless otherwise specified, the products presented on this website are intended only for users who access this site from the national territory. Any person who chooses to access this site from other countries are responsible for compliance with local laws and their applicability.

The presentation of products on the website is an invitation to Customers to make a purchase proposal to Gianola Giulio Snc. These invitations do not represent offers to the public pursuant to article 1336 of Italian Civil Code, therefore Gianola Giulio Snc reserves the right to decide on acceptance of the proposals that will be formulated.

Online orders will be managed as a purchase proposal. Gianola Giulio Snc shall have the right to accept or reject the orders received, without the Customer being entitled to asset rights and/or claims in the event of non-acceptance. The Order shall be considered accepted and consequently the contract concluded when the Customer receives an order confirmation email containing the acceptance of the order itself by Gianola Giulio Snc. Emails for the acceptance of the order will be sent to the Customer only when Gianola Giulio Snc has verified full payment by the Customer in the manner and with the means indicated in these GCS. No control can be considered concluded until this order acceptance has been issued by Gianola Giulio Snc.

_ Data Protection

Gianola Giulio Snc reserves the right to retain the data of each Order as well as the Customer’s contact details for the sole purpose of using them to correctly execute the order, to process any complaints regarding the warranty of the article and/or to send recommendations or instructions to the Customer regarding the item. The data will be stored and processed in compliance with the policy on the protection and use of personal data by Gianola Giulio Snc (Privacy Policy).

_Content accuracy

Gianola Giulio Snc has carefully prepared the content of this website, in particular to ensure that the prices indicated are correct at the time of publication and that all products are accurately described. All prices include VAT

_Availability

All products are subject to availability, in the event of difficulties regarding the items ordered our customer service will contact you within 48 business hours of ordering.

_Errors in the execution of the order

The order can be corrected or modified up to the time in which OK is clicked in the “Pay” box on the final page of the order process.

_Prices

The prices of products published on the Website include VAT and do not include any taxes, duties and fees applicable in the country of destination of the products if this is different from Italy, and shall be at the expense of the Customer.

All prices are in Euro, include 22% VAT and do not include transport costs. Transport costs are indicated in the “Delivery Costs” section. Gianola Giulio Snc reserves the right to change the prices at any time, it being understood that the price of the products purchased is the price indicated on the Website at the time the order is sent.

_ Delivery Costs

Delivery costs will be charged according to the following tables:

Shipments to Italy:

Order amount (VAT included)	Up to € 99	Over € 99
Shipping fees (VAT included)	€ 6,80	Free shipping

Shipments to European Union*:

Order amount (VAT included)	Up to € 199	Over € 199
Shipping fees (VAT included)	€ 18	Free shipping

* The following states are considered parts of European Union: Austria, Belgium, Denmark, Germany, Luxembourg, Holland, Poland, Czech Republic, Slovakia, Slovenia, Hungary, France, United Kingdom, Spain, Croatia, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Malta, Portugal, Romania, Sweden.

Shipments to the rest of the world:

Order amount (VAT included)	Up to € 299	Over € 299
Shipping fees (VAT included)	€ 35	Free shipping

_Payment

The Customer shall pay the full price of the products ordered at the time the order is placed. In the event of non-acceptance of the order, Gianola Giulio Snc will promptly reimburse the Customer for any amounts paid.

Accepted payment methods are CREDIT CARD / PAYPAL , STRIPE and BANK TRANSFER.

Gianola Giulio Snc will proceed to ship the goods paid by bank transfer only after the amount has been actually credited to its bank account. Gianola Giulio Snc also recommends that Customers who choose this payment method should indicate the order number in the description of the bank transfer in order to prevent any delays in the processing of the order.

Credit card payments are accepted only through PayPal. If the Customer does not have a PayPal account, there is the possibility of payment by credit card or they will be directed to a simple and safe procedure to create a PayPal account.

_Delivery times

Delivery times from the time of shipping are the sole responsibility of the carrier who takes care of the shipping and are generally estimated at 24/48 hours throughout Italy, except for Calabria and the Islands, where the delivery times are 48/72 hours. In the European Union Delivery times are estimated at 5-6 days. In the rest of the world the delivery is estimated in 7/8 days.

_Advice on receiving goods

The Customer is required to check the integrity of the packaging (including closing tapes) and the content of the parcel.

In the event of nonconformity or apparent damage, the customer must refuse the delivery and immediately contact and, in any case, within 3 days from the date of delivery, the assistance service to report the incident.

_Warranty and complaint management

Purchases made by consumers are subject to the legal provisions on warranties, including, where applicable, the provisions of the Consumer Code on warranties towards the Consumer.

If defects or faults are found in the products purchased in accordance with these terms of sale, the Consumer may contact Gianola Giulio Snc in accordance with the methods indicated in these sales conditions and request the repair or replacement of the product. The Consumer will be given the choice of repairing or replacing the product, except in the case where the chosen remedy is objectively impossible or excessively onerous compared to the other.

Gianola Giulio Snc shall make the requested repairs and replacements within a reasonable period of time from receipt of the Consumer’s request. Gianola Giulio Snc invites the Customer to describe in as much detail as possible the nature of the defect or defects found and to indicate the order number and any other information useful for the correct identification of the claim.

If the repair or replacement requested is impossible or excessively onerous or was not carried out within a reasonable period of time or has caused significant inconvenience to the Consumer, the latter may request an appropriate reduction in the price or termination of the contract. In any case, the contract may not be terminated for minor defects where it was impossible or too expensive to proceed with the repair or replacement of the relative products.

It is expressly understood that the provisions of this chapter do not apply in the case of defects found in products purchased by Professionals, against which, subject to the mandatory legal limits, Gianola Giulio Snc does not issue any warranty.

_Right of Withdrawal

In accordance with the provisions of the Consumer Code, where the Customer is a Consumer, he shall have the right to withdraw from the purchase contract for any reason, without explanation and without any penalty, except as indicated below. To exercise this right, the customer must send a notification to Gianola Giulio Snc within 4 days of the date on which they acquire the physical possession of the goods. This notification must be sent by registered letter with acknowledgement of receipt to Gianola Giulio Snc, Via Risorgimento 88/A – 23834 Premana (LC), or by email to our Customer Service: shop@bharbjt.com. Within a further 14 days from the date of sending the notification of the desire to withdraw from the contract, the Consumer shall return the goods to Gianola Giulio Snc. The right of withdrawal is however subject to the following conditions:

• the right applies to the product purchased in its entirety; it is not possible to pursue only part of the product purchased;
• the purchased good must be undamaged and returned in its original packaging, complete with all its parts (including packaging and any documentation and accessories); to limit damage to the original packaging, we recommend, when possible, to insert it in a second box, and to avoid affixing labels or adhesive tapes directly on the original packaging of the product;
• the shipment, up to the receipt of the products at our warehouse, is under the full responsibility of the customer;
• Gianola Giulio Snc is not liable in any way for damages or theft/loss of goods returned with uninsured shipments;
• the right of withdrawal shall cease wholly in the absence of the condition of integrity of the good (packaging and/or its contents), in cases where Gianola Giulio Snc finds: the lack of exterior packaging and/or original interior packaging; the absence of integral parts of the product (instructions for use); damage to the product for causes other than its transport.

_Effects of the right of withdrawal

If the Consumer exercises his right of withdrawal in accordance with these terms of sale, Gianola Giulio Snc shall refund the Customer the full amount already paid within 14 days of the return of the goods, by means of a transfer for the amount charged. No damage may be requested from Gianola Giulio Snc for any delays in the replacement of goods.

_Changes to the terms of sale

Gianola Giulio Snc will publish any changes to these terms of sale on its website.

The amended terms of sales will become an integral part of the new Contracts following their publication on the Website.