1. Name of the Site and ownership
2. Scope of application of the GCS
2.1 The offer and sale of the Products on the Site constitute a distance contract governed by Chapter I, Title III (articles 45 and following) of the Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
2.2 These General Conditions of Sale apply to all contracts concluded with BAER on the Site.
2.3 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site in the "General Conditions of Sale" section. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
2.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order and are available in Italian.
2.5 These General Conditions of Sale do not regulate the sale of products by subjects other than BAER that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale.
2.6 The user must carefully read these General Conditions of Sale, which BAER makes available to him in the "General Conditions of Sale" section of the Site and whose storage and reproduction is permitted, as well as all other information that BAER provides them on the Site, both before and during the purchase procedure.
3. Purchase on the Site
3.1 The purchase of the Products on the Site takes place both as a Guest Customer in which it is not necessary to register on the site, or through registration pursuant to clause 4 below, and is allowed both to users who have the quality of consumers, and to users who do not have this quality. Natural persons are only allowed to purchase on condition that they have reached the age of eighteen.
3.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that the quality of consumers is the natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisan activity that may be carried out.
3.3 BAER reserves the right to refuse or cancel orders that come (i) from a user with whom it has a legal dispute in progress; (ii) by a user who has previously violated these GCS and / or the conditions and / or terms of the purchase contract with BAER; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have issued false, incomplete or in any case inaccurate identification data or who have not promptly sent the documents requested by BAER to them or who have sent them invalid documents.
4. Registration on the Site
4.1 Registration on the Site is free. To register on the Site, the user must fill in the appropriate form, entering their name, surname, address, place and date of birth, telephone number, an e-mail address and a password and click on the [Send] button.
Registration on the Site, by opening a personal account, allows the registered user ("Registered User") to:
save and modify your data;
possibility to insert different shipping addresses of the goods;
access all information relating to orders and returns;
manage your personal data, update them at any time or make a request for modification or cancellation;
take advantage of dedicated services that can be activated from time to time (eg: display of your "wish list", etc.);
view any warnings;
express your consent to the processing of your personal data for sending BAER newsletters.
4.2 The registration credentials (e-mail address and password) must be kept with extreme care and attention. They can only be used by the user and cannot be transferred to third parties. The user agrees to keep them secret and to ensure that no third party has access to them. He also undertakes to inform BAER immediately, by contacting her via email at firstname.lastname@example.org or by telephone at (+39) 02 45471001, if you suspect or become aware of an improper or undue use. disclosure of the same.
4.3 The Registered User guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to keep BAER harmless and harmless from any damage, compensation obligation and / or sanction deriving from and / or in any connected way violation by the user of the rules on registration on the Site or on the conservation of registration credentials.
5. Cancel or modify an order
To modify or cancel an order, it is necessary to contact promptly and in any case no later than 12 hours from the sending of the BAER order by email at email@example.com or by telephone at no. . (+ 39) 02 45471001, ALWAYS indicating the reference order number.
6. Information on order and shipping status
At the time of shipment, the user will receive the shipping number at the email address indicated during the order by which he can track his purchases on the courier's website or through the call-center of the same.
7. Request copies of documents and registry changes
To request copies of tax documents and / or registry changes, the User must contact BAER by email at firstname.lastname@example.org or by telephone at no. . (+ 39) 02 45471001 remembering to ALWAYS indicate the type and number of document for which the copy and / or correction is requested.
8. Product warranty
8.1 All products marketed by BAER on its ecommerce locherbermilano.com.it site are covered by a legal guarantee of conformity pursuant to and for the purposes of articles 128 and following of D. LGS. n. 206 of 2005 Consumer Code.
9. Information on invoices, transfers and transfers
To contact the administrative service, the Customer must send an email to email@example.com or by telephone to n. (+39) 02 9358 0479 remembering to ALWAYS indicate the order number or the document or invoice number for which you require information.
10. Method of payment
Purchases made on locherbermilano.com.it are safe and guaranteed and payment can be made in one of the following ways:
Payment by bank transfer in advance
Payment by Credit Card via Stripe circuit
Payment by Paypal system
10.1 Payment by bank transfer in advance
In case of prepayment with banking account the order will be managed only after the arrival of the full amount on the banking account.
The payment need to arrive by 5 working days otherwise the order will be cancelled in our system. For a correct and fast order fulfillment the number of the order and the name of the client will be needed.
The availability of the products are at the time of the order. If after the money arrival there will be non stock for a specific product BAER will inform the Customer and it will be offered a similar product. The Customer will have the possibility to cancel the order only prior the shipping.
The money transfer will be on the BAER account
BAER DISTRIBUZIONE SRL
Iban of the account: IT88E0569601600000024430X19
Bank: Banca Popolare di Sondrio
Via Santa Maria Fulcorina, 1
10.2 Credit Card Payment via Stripe circuit
Credit card payments are handled through the Stripe company.
Where the user chooses to pay by credit card, the reference banking institution will authorize the debit of the amount relating to the purchase made. In case of cancellation, BAER will request the cancellation of the transaction and the cancellation of the amount committed.
The release times depend exclusively on the banking system. Once the cancellation of the BAER transaction has been carried out, it cannot in any case be held responsible for delays and / or damages caused by the banking system.
BAER reserves the right to request additional information from the user or to send copies of documents proving ownership of the card used. In case of refusal BAER reserves the right not to accept the conclusion of the contract. At no time during the purchase process by credit card, BAER is able to know personal information relating to the owner of the same, given that the information is transmitted directly to the site of the banking institution that manages the transaction, a protected site.
10.3 Payment with Pay Pal
By selecting the type of PayPal payment, the user will be redirected to a page on the PayPal site and payment will be made in the manner indicated therein.
The information provided on the PayPal site will not be shared with BAER but will be managed directly by it.
In the event of cancellation of the order or of non-acceptance by BAER, the amount will be refunded to the PayPal account. BAER will not be liable in any way for delays and / or damages caused in this phase.
11. Shipping and costs
The cost of shipping is borne by the user and will be calculated automatically by the system.
12. Delivery times
The delivery times of the goods vary according to the availability of the product purchased in the warehouse (for example if the product is available from the manufacturer) and to the delivery methods envisaged for the same.
In any case, the delivery date is merely indicative and is in no way binding for BAER.
BAER makes use of partnered couriers/carriers who offer the best quality/price ratio for the destination concerned: this allows us to offer customers advantageous prices and quality service.
In no case will it be possible to make deliveries by appointment and/or at pre-established times and/or days.
Our couriers make two delivery attempts to the address indicated by the Customer, after which the shipment will go into storage; after 4 days of storage with the courier, the package will be returned to the BAER warehouses; the customer will be required to pay any costs for release or redelivery which vary from courier to courier. In some cases, the courier may decide to deliver to an access point near the address indicated by the customer who will be required to collect it at flexible times; in any case, the Customer will be informed by an email from the courier or from BAER. In the event of a new shipment of the products once they have returned to the BAER warehouse for any reason attributable to the user's behaviour, a new shipment will be possible ONLY upon advance payment of the same according to the methods indicated by BAER
13. Delivery of the Goods
Upon delivery of the goods, the user is required to check:
that the packaging is intact and not altered even on the closing tapes.
In case of tampering and / or breakages, the user must immediately contest the shipment and / or delivery using the document received by the courier or other operator and affixing the wording "GOODS CONTROL RESERVE FOR ....." (indicate the motivation).
The user must subsequently report any damage within 3 days of receipt of the goods in the manner provided by the operator who performed the shipment.
14. Right of withdrawal
The right of withdrawal is governed by current legislation pursuant to art. 52 and following Consumer Code.
The right of withdrawal is governed by current legislation pursuant to art. 52 and following Consumer Code as modified by the LEGISLATIVE DECREE 21 February 2014, n. 21.
The user who holds the qualification of Consumer referred to in point 3.2 has the right to withdraw from the contract for any reason and without any penalty within 14 working days and without having to incur costs other than those provided for in article 56, paragraph 2, and all 57 of the aforementioned decree.
The complete text of the Consumer Code, updated on 16 September 2015, is available at http://www.aduc.it/generale/files/allegati/codiceconsumo.pdf
Please Note: The right of withdrawal pursuant to art. 52 and following Consumer Code is RESERVED EXCLUSIVELY to the Consumer defined by the Consumer Code in Article 3 as the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity that may be carried out (2).
Therefore, those who purchase with a VAT number and therefore as a company and / or professionals cannot exercise the right of withdrawal.
15. Cancellation Policy
The right of withdrawal must be exercised in the following ways:
The purchased product must be intact and returned in the original sealed packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, sticks, etc.).
To exercise this right, the user must send a communication to BAER via email at firstname.lastname@example.org within 10 working days from the date of delivery of the goods.
Once the aforementioned communication has been made, and receipt of receipt by BAER has been received, the user must send the Product, at his own expense - after regular and suitable packaging in its original packaging - by express courier, together with a copy of the receipt, at the following address: BAER DISTRIBUZIONE SRL Via Francesco Londonio 23, 20154 Milan (MI).
The shipment until receipt in our warehouse is under the full responsibility of the user.
BAER is not liable in any way for damage and / or theft / loss of products returned with uninsured shipments.
16. Returns and Refunds
The goods must be returned to BAER within the terms referred to in point 14 together with the authorization form received.
Without prejudice to any restoration costs for damages ascertained to the original packaging, BAER will refund the User the entire amount within 14 days of the return of the goods by reversing the amount charged to the credit card or by bank transfer. .
In the latter case, the User will be responsible for promptly providing the bank details on which to receive the refund (customer's IBAN code).
17. Forfeiture of the right of withdrawal
The User forfeits the right of withdrawal and the consequent right to a refund in the event that BAER ascertains the existence of even one of the following conditions:
Even partial use of the goods and any consumables;
Lack of the external packaging and / or the original internal packaging;
Absence of product components;
Damage to the product for reasons other than its transport
In the cases indicated above, BAER will return the goods to the user by charging the shipping costs.
18. Applicable law
18.1 The purchase contract concluded on the Site is governed by Italian law.
18.2 The application to consumer users who do not have their habitual residence in Italy of the more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for the exercise of the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
18.3 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the place of jurisdiction where the user resides or has elected domicile is competent. In the case of a non-consumer user, the Milan court is exclusively competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.
18.4 The user residing in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for the disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
19. Consumer Notice - Online Dispute Resolution ODR Online Despute Resolution
In compliance with the provisions of art. 14 of EU Regulation 524/2013 / EU, the consumer User is informed that, as an alternative to the legal dispute, both the consumer and BAER will be able to use the alternative solution of online disputes by submitting a complaint through the platform established by the European Commission. This tool can be used by the European consumer to resolve any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated on the net in a non-judicial manner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
BAER will be contacted by the body at the following address email@example.com.
For any clarification on this, you can contact us at the email address published in this document.
20. Suggestions / reports / complaints
For any suggestions, complaints and / or reports you can write to firstname.lastname@example.org.
General Information & Customer Service:
Tel. (+ 39) 02 45471001 - email@example.com
Legal and Operational Headquarters: BAER DISTRIBUZIONE S.R.L. ("BAER") Via Francesco Londonio 23, 20154 Milan (MI)
VAT number / Tax Code: 10844780964
Inscr. Company Reg. MI-10844780964
Updated on 01/06/2023