Conditions of sale
TERMS AND CONDITIONS OF SALES
These Terms and Conditions of Sales apply to the offer and sale of products on the website www.lacarrie.it.
Products purchased on the website www.lacarrie.it are products sold and marked by trademarks owned by BIFOOT Srl, headquartered in Castel Bolognese (RA), Via Emilia Levante 233, Italy. The company is recorded in the Company Register of Ravenna, n. 181951, VAT IVA 02218400394, fully paid-up Share Capital Euro 90.000,00 (hereafter named “BIGFOOT”, the "Seller", "we" or "us").
1. CONCLUSION OF THE SALES CONTRACT
- These general conditions of sales are integral and essential part of the sales contract established with the buyer. The transmission of the buyer’s order implies his/her full awareness and acceptance of these Terms and Conditions of Sales. In case the buyer disagrees with one or more terms included in these Terms and Conditions of Sales, BIGFOOT ask him/her to avoid purchasing any good on www.lacerrie.it (the “Website”).
- In order to purchase one or more goods on the Website, the buyer shall register to the Website first, providing BIGFOOT – in accordance to the data protection provisions in force – with the necessary information to let the Seller process the transmitted order.
- In order to conclude the sales contract established with BIGFOOT, the buyer will have to transmit to BIGFOOT his/her order following the procedure on the Website. The online transmission of the order implies the commitment of the buyer to pay the specified price.
- Once the buyer’s order has been transmitted, BIGFOOT will confirm the reception sending to the buyer a confirmation e-mail that recaps the same order: however, this e-mail is not an automatic acceptance of the order.
- BIGFOOT reserves the right to decline the orders of buyers involved in a dispute about the payment of previous orders.
2. SELLING PRICES
- Selling prices displayed and specified on the Website include VAT and any other taxation applicable to the sales contract.
- Shipping and transportation costs, when provided, shall be clearly specified and displayed before the order will be concluded.
- Prices of goods might be subject to updates. The buyer shall verify the final price before transmitting the order. The obvious error in the price displayed on the Website compared to the price commonly acknowledged for the chosen good implies the right of BIGFOOT to refuse the shipping and proceed with the immediate refund of the amount paid by the buyer, excluding any opposition by the same buyer.
3. TERMS OF DELIVERY
- BIGFOOT undertakes the execution the transmitted order in 7 business days and, in any case, within 30 days after the day that follows the transmission of the order.
- On delivery, the buyer shall assess the compliance of the delivered item with the transmitted order; only as a consequence of this assessment (except for the right of withdrawal described by the following point 7), the buyer allows BIGFOOT to communicate his/her personal information (address, phone) to the couriers appointed to deliver the purchased goods and start the necessary procedures for shipping.
4. METHODS OF PAYMENT
- As regards the payment of the goods' price and related shipping and delivery costs, if applicable, the buyer can choose one of the payment methods listed in the order form.
- In case of credit card payment, the procedure is provided via secure connection by the bank appointed to manage the online payment service, to which BIGFOOT has no access. In particular, financial information (e.g. credit/debit card number, expiry date) will be transmitted encrypted to the providers of the electronic payment service, so as not to be accessible to third parts. Furthermore, this information will never be on disposal of BIGFOOT to be used or registered in any way (electronically included). The amount prescribed in the order will be charged the day that follows the transmission of the order, except for the buyer’s right to refund in any case of self-fulfilment of the Seller or in case of missed execution of the contract for any reason.
- The buyer is the only accountable for data entry mistakes, thus he/she pledges to use credit cards lawfully at his/her disposal.
- The buyer can choose money transfer as payment method. The order will be “pending” until the paid amount will be credited by our bank. The shipping process take effect on the day of credit.
- BIGFOOT is not liable for delay due to exceptional circumstances, such as accidents, explosions, fires, strikes, earthquakes, floods and similar events that might impede the execution of the contract in the established time.
- BIGFOOT is not liable before any part or third parts for any damage, loss and costs due to the missed execution of the contract caused by the before mentioned reasons, having the buyer the only right to total refund.
- Equally, BIGFOOT is not liable for any possible fraudulent or illicit use of credit cards, cheques and any other payment method by third parts on the occasion of payment. Indeed, BIGFOOT has no access to the buyer’s credit card number at any moment of the payment procedure, since it is transmitted encrypted directly to the bank service provider via secure connection.
- The main features of goods are displayed on the Website in every product sheet. Images and colours of goods on sale pay diverge from real images and colours depending on browsers and monitors.
6. BUYERS' OBLIGATIONS
- Online orders completed by minors are strictly forbidden.
- Data entered during the purchasing phase shall be real and personal, they shall not belong to third parts or be invented. BIGFOOT reserves the right to pursue any violation or infringement to protect all the consumers.
- The buyer releases BIGFOOT from any liability due to the issue of mistaken fiscal documents caused by mistaken data entered by buyers, being him/her the only accountable for the correct data entry.
7. RIGHT TO WITHDRAWAL AND REFUNDS
- The buyer can exercise the right to withdrawal and return the delivered item without any charge or specific reason, in compliance with terms and conditions here listed.
- The buyer can start the return request writing to firstname.lastname@example.org - within 14 days from delivery.
- Goods shall be returned intact. They should not be washed, damaged and shall present the barcode label and any other seal belonging to the item. Goods that have been returned incomplete, worn, damaged, deteriorated or dirty will not be refunded. Products with a tampered and / or removed warranty seal cannot be returned.
- Goods to be returned shall be handed to the delivery person within 14 days. This period of time starts from the moment the buyer has communicated to the Seller his/her decision to withdraw.
- The return costs will be borne by the buyer, including any liability for loss or damage of the item.
- After the goods have been returned, the Seller will assess their compliance with terms and conditions specified in this paragraph.
- If the right to withdrawal is exercised according the terms and conditions established in this paragraph, BIGFOOT will provide for refunding the buyer any sum collected for the purchase of goods. In general, the Seller provides for refund using the same payment method chosen by the buyer to purchase the returned goods, also in the case the buyer has used a virtual or a disposable credit card. For legal matters, the Seller is not able to refund on a credit card different from the card used for purchase, except in the case that card has expired in the meanwhile: thus the buyer is expected to send an e-mail to email@example.com to arrange a new method of refund.
- Whatever the method of refund chosen by the buyer, the Seller pledges to complete the refund as soon as possible, in any case within 14 days from the date the Seller has learned of the buyer’s decision to exercise his/her right to withdrawal, and upon assessment of the correctness of refund procedure and the integrity of the returned goods.
8. APPLICABLE LAW AND COMPETENT COURT
- Every dispute around the application, execution, interpretation and violation of the sales contract stipulated via the Website www.lacarrie.it is subject to the Italian law; in regard to what is not explicitly included, these terms and conditions refer to the Italian Civil Code; as well as to the Legislative Decree 205/06 (“Consumer Code”). The application of the UN Convention on Contracts for the International Sale is explicitly excluded.
- The Court of Ravenna (Italy) is the exclusive competent court for disputes related to this contact.
- In case of dispute between Seller and buyer deriving from Terms and Conditions of Sales, please consider that the European Commission provides for extra-juridical procedures for Alternative Dispute Resolutions. Visit http://ec.europa.eu/odr.
9. MODIFICATIONS AND UPDATES
BIGFOOT reserves the right to change the Website, the policies and these Terms and Conditions of Sales at any moment to offer new products and services, or to comply with laws and rules. The buyer that enters the Website and transmits an order shall accept the policies and the Terms and Conditions of Sales in force at the moment of purchase, except for modifications with retroactive effect as prescribed by the law in force (in this case they will be also applied to previous orders). In case any of these Terms and Condition would be considered invalid, void or inapplicable for any reason, those Terms and Conditions will not compromise the effectiveness of the other Terms and Conditions.