TERMS AND CONDITIONS
These Conditions of Sale apply to the deliveries of LUDOVICA ANDRINA E-SHOP in Italy, subject to the exceptions and changes indicated below.
These Conditions of Sale and the related documentation comply with Part III, Title III, Chapter I of Legislative Decree 206/2005.
Parts and Policies
This Website, at the URL “https://www.ludovicaandrina.com” (hereafter “LUDOVICA ANDRINA E-SHOP”) is managed by BARABABAC of LUDOVICA ANDRINA – Via Montello, 2 10090 Romano Canavese, Turin Italy – VAT number: 10571070019 – Tel .: +39 345 704 9264 (hereinafter, “LUDOVICA ANDRINA”).
Products purchased through LUDOVICA ANDRINA E-SHOP will be sold by BARABABAC of LUDOVICA ANDRINA.
Purchases of Products at BARABABAC of LUDOVICA ANDRINA through LUDOVICA ANDRINA E-SHOP will be governed by the following terms and conditions of Sale. Terms and Conditions of Sale BARABABAC of LUDOVICA ANDRINA (hereinafter “Terms of Sale”)
- Notes on these Conditions of Sale
These Conditions of Sale apply to all orders and purchases made on LUDOVICA ANDRINA E-SHOP (“Products”).
Regarding purchases on LUDOVICA ANDRINA E-SHOP, BARABABAC of LUDOVICA ANDRINA will send its communications electronically by email or electronic publication. Using this online offer, users acknowledge that all declarations of intent, communications, disclosures and other notices are issued or provided electronically, except in cases where the law provides for the written form for them.
These Conditions of Sale may change from time to time, bearing the relevant date of their validity on the LUDOVICA ANDRINA E-SHOP website.
Any changes to the Conditions of Sale will apply to orders made from the effective date (included), provided that the Conditions of Sale, as modified, are visible on the site as conditions applicable at that time. Before placing an Order for Products, users will be given a reasonable opportunity to view these Conditions of Sale and will be required to accept them.
- Personal account
The user is required to create a user account (personal identification data or user name). The user is required to maintain the confidentiality of his password and limit access to his own password and account, and assumes responsibility for every act performed, and for every purchase made, through his account.
- Implementation of the Order
To purchase the Products, it is necessary:
- provide your name and address, telephone number, email address, payment details and other requested information;
- provide a valid delivery address (please note that BARABABAC of LUDOVICA ANDRINA does not deliver to PO boxes or automatic parcel distribution points. Our orders are sent by courier, which will require a signature upon delivery);
- in case of payment by debit / credit card, be the owner or authorized holder of a valid debit / credit card to purchase the Products; is
- in the case of payments made via PayPal, be the holder of a PayPal account valid for the purchase of the Products.
The user can place an order by proceeding to checkout after clicking on the “ADD TO CART” button. The user agrees that his / her order (s) is / are a proposal to purchase the Product (s) indicated in the order pursuant to these Conditions of Sale.
Each Product order is considered a purchase by itself. All orders are then subject to acceptance by BARABABAC of LUDOVICA ANDRINA, which reserves the right to refuse, without having to provide any explanation, any order (including, but not limited to, orders for which there is suspicion of fraud). The user will be notified if BARABABAC of LUDOVICA ANDRINA decides not to accept the order.
The user will have the possibility to review his / her order (s), to read and accept the Conditions of Sale, to check the total price and characteristics of the order (s) and the information provided, and to correct any error of entry before confirming the order (s).
- Order Execution and Contract Formation
Once the order (s) on LUDOVICA ANDRINA E-SHOP has been finalized, based on the instructions made available on the website through the online ordering procedure,
BARABABAC of LUDOVICA ANDRINA will send an email to the email address provided, confirming receipt of the order (s) and indicating the details of the ordered Product (s) (Order Confirmation email).
The aforementioned email does not constitute acceptance of the order (s), it is only a confirmation of receipt of the order (s) by BARABABAC of LUDOVICA ANDRINA.
The contract between the user and BARABABAC of LUDOVICA ANDRINA will be deemed concluded only when BARABABAC of LUDOVICA ANDRINA will send the user an email to confirm that the Product (s) has been shipped (Confirmation email Shipment).
BARABABAC of LUDOVICA ANDRINA will not file an accessible copy of each version of these Conditions of Sale. However, it will send an email with the applicable Sales Conditions for each purchase together with the Order Receipt Confirmation email, for future reference of the user. The user will have the possibility to cancel his order at any time by contacting the BARABABAC Customer Assistance Center of LUDOVICA ANDRINA [link to the Contacts page] operating for the LUDOVICA ANDRINA E-SHOP site before receiving the Shipping Confirmation email .
- Prices, Shipping and Handling, Expenses and Taxes
The price charged for a Product will be the price indicated on the information / presentation page relating to the individual Product at the time the order is placed by the user, and will be indicated on the confirmation page that will appear to the user on the screen after the order finalization and in the confirmation of receipt of the order.
Product prices include VAT or other applicable taxes, but do not include shipping and handling charges.
Shipping and handling costs and the relative VAT or other taxes will be indicated separately on a summary screen before finalizing the order, as well as in the confirmation of receipt of the order. Shipping costs are determined based on the place and method of delivery selected during the checkout phase.
Payments must be made in one of the ways indicated below, and chosen during the checkout procedure, ie by VISA, MasterCard ,, or Paypal.
Depending on the payment method chosen by the user, payment will be made in one phase (through Paypal) or two phases (by credit card).
For credit cards (Visa, MasterCard), a debit authorization is required at checkout. The types of credit and debit cards accepted are also indicated at the bottom of the page on the LUDOVICA ANDRINA E-SHOP website. In the event BARABABAC of LUDOVICA ANDRINA does not receive the authorization, BARABABAC di LUDOVICA ANDRINA reserves the right to cancel the order placed by the user. The value of the purchase / s will be debited on the respective card once LUDOVICA ANDRINA’s BARABABAC has sent the Shipping Confirmation email to the user.
In case of payment by Paypal, the value of the purchase (s) will be charged at the time of checkout.
Delivery will take place respecting the craftsmanship of each creation, in a time that can be between 3 and 15 days working days from the completion of the order.
BARABABAC of LUDOVICA ANDRINA reserves the right to replace the courier in charge of delivering the order. If shipping via Express Courier is required, we invite the user to select it as delivery method.
Each delivery will be preceded by the relevant Invoice, sent via email.
In the event that the user, without reasonable reason, postpones the delivery, or delays the receipt of the delivery after the notice of BARABABAC of LUDOVICA ANDRINA to have attempted the delivery to the user of the ordered items, or in the case in which the user has provided an incorrect delivery address that led to the failure of the delivery, the package will be returned to BARABABAC of LUDOVICA ANDRINA, and BARABABAC of LUDOVICA ANDRINA will be relieved of the obligation to deliver the items within the established delivery time.
- Product Availability
If the Product the user intends to order is no longer available, the user will be technically prevented from carrying out the ordering procedure. Furthermore, in a few exceptional and unpredictable cases, a Product shown on the site as available may no longer be available after the order is placed; in this case, the contract between the user and BARABABAC of LUDOVICA ANDRINA will NOT be concluded, the user will be notified about it and the Product will not be included in the Shipping Confirmation email that will be sent to the user. In the event that payment is made before confirmation of non-availability of the Product (eg via PayPal), BARABABAC di LUDOVICA ANDRINA will reimburse the amounts paid by the user as soon as possible and in any case within thirty days of the communication,
- Compatibility, Product Information
The user is asked to check, when ordering, that the Products being purchased are compatible with the use to which the user intends to assign them. We invite the user to use the LUDOVICA ANDRINA E-SHOP as the ultimate reference point when verifying compatibility. In the event of a discrepancy between the contents of LUDOVICA ANDRINA E-SHOP and any other site (or any other source of information), the compatibility of the Products will prevail as indicated on LUDOVICA ANDRINA E-SHOP at the time of purchase. The user is kindly requested to bear in mind that due to the reproduction limitations on screen, the exact color, size and design of the items shown on screen may differ from the actual characteristics of the products.
If the Products that the user has received do not correspond to those ordered, or if the delivery is incomplete or if there have been damages in the transport, we invite the user, for assistance, to contact the LUDOVICA ANDRINA E Customer Service Center without delay . – SHOP via email or by phone.
- Ownership of the Products
Ownership of the products, and the relative risk, are transferred from BARABABAC of LUDOVICA ANDRINA to the user upon receipt of the products.
- Withdrawal within the deadline, Return and Refund
Notice on the exercise of the right of withdrawal within the deadline – For customers in Italy
Right of withdrawal. The user has 14 (fourteen) days to withdraw from the contract with
BARABABAC of LUDOVICA ANDRINA in relation to the article (s) purchased on LUDOVICA ANDRINA E-SHOP without giving any explanation, with unequivocal declaration by letter or email .
The fourteen-day period starts from the moment of receipt of the purchased item on LUDOVICA ANDRINA E-SHOP or, in the case of a contract for the delivery of more than one item, from the moment of receipt of the last item of this contract or, in case of recurrent deliveries of items of the same type, not before receiving the first part of the delivery, and not before the fulfillment by BARABABAC of LUDOVICA ANDRINA of its information obligations. In order to meet the fourteen-day deadline, it is sufficient to send the declaration of withdrawal. The declaration must be sent to: BARABABAC of LUDOVICA ANDRINA Via Montello, 2 10090 Romano Canavese, Turin Italy, or via email to: firstname.lastname@example.org
Legal consequences of withdrawal
In the event of a valid withdrawal, the obligations fulfilled and the compensation obtained, eg the interest, must be returned within 14 (fourteen) days. If the obligations fulfilled and the compensation obtained, eg the benefits deriving from use, cannot be returned, or can be returned only in part or only in conditions of deterioration, the user is required to compensate BARABABAC of LUDOVICA ANDRINA accordingly. The user is required to pay compensation to BARABABAC of LUDOVICA ANDRINA for the deterioration of the product and for the compensation obtained only to the extent that the compensation obtained or the deterioration of the product is caused by an act that does not depend on the verification of the properties and the product functionality.
Exceptions to the exercise of the right of withdrawal within the prescribed period.
The right of withdrawal is not recognized for the articles produced according to the specifications provided by the user or clearly adapted to his personal needs.
- Warranties and Law Rights
The user will be covered by a legal guarantee for items purchased that prove to be defective. In such cases, the user can
- 1. request a remedy (correction of the defect, or provision of an item free of defects, at its discretion, unless such correction or replacement is possible or reasonably possible),
- 2. If no remedy can be requested, terminate the contract or reduce the purchase price; is
- 3. request damages.
The purchased item is free from significant defects if, at the time of delivery, it has the agreed quality. To the extent that no quality has been agreed upon, the purchased item is deemed to be free from significant defects if:
- is eligible for the use for which it is intended under the contract; and / or
- it is suitable for the normal use for which it is intended and its quality is that normally found in articles of the same type, and the buyer can expect such quality given the type of article. The term “quality” includes those features that the buyer can expect based on the declarations on the specific characteristics of the item purchased publicly made by the seller, the manufacturer or his representative, by way of example but not limited to, on the advertising or identification material, except in the event that the seller was not aware of the declaration and was not even obliged to be aware of it, or except in the event that, at the time of stipulation of the contract, the quality was changed but it was still of the same level,
BARABABAC of LUDOVICA ANDRINA will bear all expenses necessary to remedy the defect, in particular the costs of transport, transfer of workers, labor and materials. BARABABAC of LUDOVICA ANDRINA may refuse to proceed with the type of remedy chosen by the user, if this type of remedy is possible only against a disproportionate expense. In this context, it must be taken into account, in particular, by way of example but not limited to, the value of the item free from defects, the extent of the defect and the possibility of using alternative remedies without causing substantial damage to the user. In this case, the dispute will be restricted to the alternative remedy; and the right of BARABABAC of LUDOVICA ANDRINA to refuse the alternative type of remedy will also remain. without prejudice to the requirements of sentence 1 above. If BARABABAC of LUDOVICA ANDRINA provides, for the purpose of remedy, an item free of defects, BARABABAC of LUDOVICA ANDRINA may request the return of the defective item.
The user has the right to contest the defect of the purchased item only if he reports the defect to BARABABAC of LUDOVICA ANDRINA immediately after having detected it, or immediately after that it should reasonably have been detected. Reports of defects made within two months of their discovery are still considered timely. Legal disputes, based on facts that would justify the non-compliance of the purchased item with the contract, are prescribed two years after the dispute was made, without prejudice to the user’s right to request a price reduction or compensation for damages , as an exception in the context of legal actions aimed at obtaining payment of the price of the items purchased.
Users are requested to keep the order confirmation / invoice or send it to the recipient of the gift as original proof of purchase which gives the right to the warranty.
These Conditions of Sale establish all the obligations and responsibilities of BARABABAC of LUDOVICA ANDRINA regarding the Sale of Products. In particular, BARABABAC of LUDOVICA ANDRINA will not be required to guarantee that the Products are suitable for the user’s purposes.
Nothing in these Conditions of Sale will be used to exclude or limit the liability provided for by law in the BARABABAC of LUDOVICA ANDRINA for death or personal injury caused intentionally by BARABABAC of LUDOVICA ANDRINA or through the fault of the same or its employees, for damages caused intentionally by BARABABAC of LUDOVICA ANDRINA or due to gross negligence of the same or its employees, nor will it limit the essential rights or duties inherent in the nature of the contract, to the extent that the achievement of the purpose of the contract is compromised, or any other liability which by law it cannot be excluded or limited.
BARABABAC of LUDOVICA ANDRINA will have no contractual, extracontractual or other responsibility for financial losses (including, by way of example but not limited to, lost profits, loss of revenues, contracts, business or expected savings), loss of data, loss of goodwill or reputation or loss or damage of any kind, or for disputes by the user and / or third parties, except as expressly provided herein, and except for damages resulting from the liability of BARABABAC of LUDOVICA ANDRINA for death or personal injuries intentionally caused by BARABABAC of LUDOVICA ANDRINA or through the fault of the same or its employees, for damages intentionally caused by BARABABAC of LUDOVICA ANDRINA or due to gross negligence of the same or its employees,and except for those acts that limit essential rights or duties inherent in the nature of the contract, to the extent that the achievement of the purpose of the contract is compromised.
If one of the provisions of these Conditions of Sale is deemed unlawful, null or, for any reason, unenforceable, this provision will be deemed divisible by these Conditions of Sale and will not affect the validity or applicability of the remaining provisions. The unlawful provision, which is null or inapplicable for any reason, will be replaced by a valid provision whose economic purpose will be as close as possible to the illicit provision, which is null or which results for any reason that cannot be applied.
The BARABABAC Customer Service Center in LUDOVICA ANDRINA will help users with questions or disputes relating to orders placed on LUDOVICA ANDRINA E-SHOP.
We are available to seek an agreement with reference to any complaints. If we do not find an agreement in this regard, we inform you that each party has the right to use the services provided by the ODR platform . Managed by the European Commission, the ODR platform is an online platform that provides businesses and customers within the European Union with a forum for the out-of-court resolution of disputes concerning online sales, thus avoiding resorting to court. The extra-judicial resolution of disputes available on the platform are provided free of charge, provided that none of the parties is obliged to participate in the related procedure.
- Applicable law
These Conditions of Sale and the purchase of Products by users at BARABABAC of LUDOVICA ANDRINA through LUDOVICA ANDRINA E-SHOP will be regulated by, and interpreted according to, Italian law.
In the event of a dispute arising in connection with these Conditions of Sale, the user will always have the right to appeal to the Court of his place of residence or domicile.