Terms of service
Preliminary Information
Dear Customer, we inform you that this website is owned and managed by the company Lask srl, a company under Italian law with registered office in Via Boccaccio 1/B – 20090 Trezzano sul Naviglio (MI) – Italy – VAT N IT09239870968. Our Operational Headquarters is located in Via Boccaccio 1/B – 20090 Trezzano sul Naviglio (MI) – Italy, (this latter geographical headquarters is also indicated for the purposes of submitting any complaints; hereinafter, the “Operational Headquarters”).
These General Conditions of Sale (hereinafter, the “General Conditions”) govern the contractual relationships between the undersigned Lask srl, (hereinafter, the “Seller”) and its end customers within the European Union, exclusively if they are natural persons acting for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out (hereinafter, the “Buyer”). In the relations between the Seller and the Buyer, Legislative Decree no. 206/2005 (hereinafter, the “Consumer Code”) and Legislative Decree no. 70/2003 (hereinafter, the “Electronic Commerce Regulations”) shall apply, to whose provisions the General Conditions comply.
1. Definitions.
Pursuant to and for the purposes of these General Conditions, the following definitions shall apply: “Buyer”, the natural person who is a citizen of the European Union – or who makes a purchase requesting delivery of the goods within the European Union – who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out; “Catalogue”, the catalogue available on the page [www.barbaramilano.com]; “Distance contract”, the contract having as its object the sale of goods stipulated by the Seller and the Buyer within the scope of a distance selling system which, for such contract, uses exclusively one or more distance communication techniques (e.g., telephone, fax, internet or e-mail) up to the conclusion of the contract, including the conclusion of the contract itself; “Contract negotiated outside of business premises”, the contract having as its object the sale of goods stipulated by the Seller and the Buyer in any form concluded, stipulated “Seller”, the company Lask srl.
2. Our products: limited availability.
1. The products we offer to our Buyers – listed in the Catalogue (hereinafter, the “Products”) – are original products.
3. The purchasing process. Countries served by the Seller.
1. Distance Contracts and Contracts negotiated outside of commercial premises (hereinafter, collectively, the “Contracts”) for the sale of Products by the Seller to Buyers are governed by the General Conditions in force at the time of completion of the purchase order for Products, forming an integral and substantial part of such order.
2. The General Conditions do not in any case prejudice the rights attributed to the Buyer by mandatory provisions of law.
3. Depending on the availability of the Products, the relative purchase order (hereinafter, the “Order”) may be sent to the Seller through the appropriate section of the institutional website, by e-mail, by fax, by telephone and/or by ordinary mail, all to the references indicated on our institutional website. The documents constituting the Order (i.e., the Order form and the General Conditions), must bear the signature of the Buyer in the appropriate sections.
4. Each Order will constitute a firm and irrevocable proposal by the Buyer and the sale of Products will be deemed concluded upon receipt by the latter of the communication of acceptance by the Seller.
5. Following receipt of an Order, the Seller will send you an Order receipt (“Order Receipt”), containing a summary of some of the information already contained in the Order form (i.e., the General Conditions, the information on the right of withdrawal, the essential characteristics of the Products, the detailed indication of the price, the means of payment and any delivery costs).
6. The Seller may only accept purchase requests from – and for deliveries to be made in Italy and abroad.
4. Prices.
1. The price of the Products is published by the Seller in the Catalogue. It is valid for deliveries to be made in the territory chosen by the Buyer and includes VAT in the EU and extra EU de-vats (calculated on the basis of the legislation in force at the time of the Order). Any transport costs, additional and/or different charges (e.g. customs charges) will be borne by the Buyer.
2. Although it is our care and interest that the prices indicated in the Catalogue are always correct and up to date, errors and/or inconsistencies in the figures indicated therein may accidentally occur. If, upon receipt of an Order, we find any errors and/or inconsistencies, we will promptly inform the Buyer so that he can choose whether to confirm the Order at the correct price or cancel it.
3. The Seller will have the right, among other things, to modify the prices in force at any time and/or to initiate and conduct promotional initiatives and/or special offers.
5. Payment and delivery.
1. Payment for the Products may be made exclusively by credit card. It is understood that the billing address indicated by the Buyer on our institutional website must correspond to the address registered by the Buyer with the credit card company.
2. The amount relating to the transaction will be charged to the Buyer's credit card once the credit card details have been verified, the relevant authorization has been received, the availability of the Products and the feasibility of shipping have been confirmed.
3. Delivery of the Products will be carried out by the courier appointed by the Seller to the closest point - reachable by the courier - to the address indicated by the Buyer in the Order.
4. The shipment will be carried out within 48 working hours following the order confirmation, barring unforeseen circumstances of force majeure. Shipping to Italy requires approximately 1-4 business days. Delivery times for Europe are 2-6 business days. The Seller, according to normal industry practices, will do everything reasonably possible to respect the estimated delivery times mentioned above.
5. Pursuant to art. 54 of the Consumer Code, the Seller will in any case execute the Order within 30 days from the day following the day on which the Buyer has transmitted it.
6. In order to allow the Buyer to check the delivery status in real time, the Seller will send an email confirming the shipment of the Products via the courier service, through which the Buyer will be able to follow the status of the shipment.
6. Product Features. Intellectual Property
1. Although it is our care and interest to provide a photographic representation of the Products as faithful as possible to the Products themselves, such representation may in some cases not represent the Product in a complete, exact or accurate manner (e.g., definition of colors, visual appearance of the materials used, etc.).
7. Buyer's right of withdrawal.
1. The Buyer has the right to withdraw without any penalty within 14 working days from the day on which he/she receives the Product.
2. The Buyer may exercise the right of withdrawal by sending an e-mail to info@barbaramilano.com to request a return.
3. The withdrawal communication must indicate the number of the Order with respect to which the right of withdrawal is exercised, the Product that the Buyer intends to return and the Reason for the return.
4. The Buyer who has validly exercised the right of withdrawal will be required to return the Product to the Seller (at the Operational Headquarters Via Boccaccio 1/B – 20090 Trezzano sul Naviglio (MI) – Italy) within 14 working days from the date of receipt of the Product (for the purposes of the expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the forwarder). It is an essential condition for the exercise of the right of withdrawal that the Product to be returned is in the same condition in which it was received (without abrasions, scratches, opacifications, etc.). The Buyer who will avail himself of the right of withdrawal will be required to return the Product intact and in the original packaging, including the relative documentation. The references of the Order in respect of which the right of withdrawal is exercised must be indicated on the packaging and on the return documents. The Seller reserves the right to verify the integrity of the returned Product and to withhold from the refund any depreciation, even due to damage to the Product for reasons other than transport.
5. The only costs due by the Buyer for exercising the right of withdrawal will be those for returning the goods to the Seller. Alternatively, if the Buyer makes an express request at the time of communicating the withdrawal, the Seller may organize the collection of the goods with its own couriers: in this case, the Buyer will make the Product available for collection at the place where it was delivered (within 14 working days from the date of delivery) and the Seller will be authorized to charge the Buyer the cost of the relative transport.
6. If the right of withdrawal has been exercised by the Buyer in accordance with the provisions of this article, the Seller will refund - within the terms indicated above - the sums paid by the Buyer, except as provided for in art. 7.5 of the Contract. The refund will be completed within 20 working days from the return of the Product and, in any case, within 30 days from the date on which the Seller becomes aware of the valid exercise of the right of withdrawal by the Buyer. The sums will be considered refunded within the terms if they are actually returned, sent or re-credited with a value date no later than the expiry date of the relevant term.
7. The Seller shall have the right not to accept the return of Products that have been altered, used and/or damaged.
8. Further information.
1. The Seller will take care to keep a copy of the General Conditions in force at the time of sending the Order and the Order Receipt. Should the Buyer find errors or inaccuracies in the data provided to the Seller, he/she will be asked to contact the Seller's customer service.
2. These General Conditions can be easily downloaded from the following page of the Seller's institutional website:
9. Customer Service.
You can request any information or assistance at the email address info@barbaramilano.com.
10. Updating of the General Conditions.
The General Conditions may be updated and/or modified by the Seller at any time, with effect from the date of their publication; the updated version of the General Conditions will be available on the following page: www.barbaramilano.com.
11. Processing of personal data.
The information on the processing of the Buyer's personal data is available on the following page: www.barbaramilano.com/privacy.
12. Applicable law; Competent court.
These General Conditions are governed by Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005 on the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce. Any disputes relating to these General Conditions and/or to the related relationship arising between the Seller and the Buyer are devolved to the jurisdiction of the place of residence or domicile of the Seller.