The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the "Seller" or the "Company".
On the one hand, And the natural person or legal entity proceeding to purchase products or services from the company, Hereinafter, the "Buyer", or "the Customer" On the other hand, It has been exposed and agreed as follows:
The Vendor is a publisher of beauty products for men exclusively intended for consumers, marketed through its websites (https://barbaitaliana.ch/). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Purpose
The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTS) apply to all sales of Products made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company's website at the following address: //https://barbaitaliana.ch/fr/content/3-conditions-generales-d-utilisation.
The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is legally able to contract under Swiss law or validly represent the natural or legal person for which he is contracting. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the Internet sites are indicated in CHF including VAT and are precisely determined on the Product description pages. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company's Internet sites are to be paid by the Customer. Where applicable, delivery costs are also payable by the Customer.
Article 4: Conclusion of the online contract
The Customer will have to follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, its options if any, and indication of the Customer's essential data (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of the instructions for payment, and payment of the products. ➢ Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide true identification details. The Vendor reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies that he has received a detail of the delivery charges as well as the terms of payment, delivery and execution of the contract. The Vendor undertakes to honour the Customer's order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with Swiss law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address communicated) In accordance with the legal provisions on conformity and latent defects, the Vendor shall reimburse or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: by sending an email to the following address: contact@barbaitaliana.ch
Article 6: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 7: Terms of delivery
The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This time does not take into account the time required to prepare the order. When the delivery requires an appointment to be made with the Customer. When the Customer orders several products at the same time, these products may have different delivery times, which are routed according to the following terms and conditions. In the event of late delivery, the Customer has the possibility of cancelling the contract under the conditions and modalities defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed to refund the product and the "outward" expenses under the conditions of Article L 138-3 of the Consumer Code. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Delivery
We are not responsible for a wrong postal address provided by the customer, following a move or otherwise, no compensation will be claimed.
If the delivery could not be made for reasons of accessibility or absence of person to receive the products, barbaitaliana.ch could not be held responsible.
Delivery takes between 1 to 3 days in most cases in Switzerland, even more for other countries.
- If it has been less than 1 week since you ordered, please be patient, your article is on its way.
- If your product is still not there after 2 weeks MAXIMUM (for all orders in Europe), we will refund you 100%. However, this only happens very exceptionally.
Article 8: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our manufacturer. In case of unavailability of an article for a period longer than 18 working days, you will be immediately informed of the foreseeable delivery times and the order of this article may be cancelled on request. The Customer can then ask for a credit note for the amount of the article or its refund.
Article 9 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card. Cards issued by banks domiciled outside of Switzerland must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorises the Vendor to debit his card for the amount relative to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled.
Article 10: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return". "The period referred to in the previous paragraph shall run from receipt in the case of goods or acceptance of the offer in the case of services. The right of withdrawal may be exercised by contacting the Company as follows: send an email to the following address: contact@barbaitaliana.ch
If the right of withdrawal is exercised within the above-mentioned period, only the price of the purchased product(s) and the shipping costs will be refunded, the costs of returning the product(s) remain at the expense of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new; if possible, they must be accompanied by a copy of the proof of purchase.
Article 11: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Vendor will reimburse the buyer or exchange products that are apparently defective or do not correspond to the order placed. The request for refund must be made in the following way: send an email to the following address: contact@barbaitaliana.ch
Article 12: Claims
If need be, the Buyer may submit any complaint by contacting the company using the following contact details, email address :contact@barbaitaliana.ch.
Any errors in the delivery address or size of an item (on the part of the customer) are not taken into account in the refund or exchange of an item.
Article 13: Intellectual property rights
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 15: Nullity and modification of the contract
If one of the stipulations of this contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 16: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify any personal data concerning you. By adhering to these terms and conditions of sale, you consent to the collection and use of this data by us for the purposes of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the Company) by letter RAR. We carry out on all our sites a follow-up of the frequentation.
Information on the online settlement of disputes in accordance with art. 14 par. 1 of the RLL :
The European Commission allows consumers to resolve disputes online on one of its platforms in accordance with Art. 14 para. 1 of the ODR. The platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR) acts as a site where consumers can try to settle out of court disputes arising from the purchase of goods or services online.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.