1. Site name and ownership
These General Conditions of Sale ("General Conditions of Sale" or, alternatively, "GCS") govern the offer and sale of Products distributed through the website www.locherber.com ("Site") by BAER DISTRIBUTION SRL ("BAER") Via Francesco Londonio 23, 20154 Milan (MI) VAT / Tax Code 10844780964 Registered Business Reg. MI-108447809640 and the terms of use of the Site.
The Site is owned by Cosval SPA VAT number / Fiscal Code 01314310150 and registered office in Viale delle Industrie 10/5 20020 Arese (MI).
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 et seq.) of 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 changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site in the "General Conditions of Sale" section. Users are therefore invited to access the Site regularly 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 the purchase order is sent and are available in Italian.
2.5 These General Conditions of Sale do not regulate the sale of products by parties 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 is required to carefully read these General Conditions of Sale, which BAER makes available to him in the "General Conditions of Sale" section of the Site and which can be stored. and reproduction, as well as all other information that BAER provides on the Site, both before and during the purchase process.
3. Purchases on the Site
3.1 The purchase of Products on the Site takes place both as a Guest Customer in which it is not necessary to register on the site, and through registration pursuant to clause 4 below, and is allowed both to users and they have the quality of consumers, both to users who do not have this quality. Individuals are allowed to purchase only on condition that they are eighteen years old.
3.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it should be remembered that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out.
3.3 BAER reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (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 relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent BAER the documents requested by the same or who have sent 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 name, surname, address, place and date of birth, telephone number, an e-mail address and a password and click on the [Submit] button. Registration on the Site, by opening a personal account, allows the registered user ("Registered User") to:
- save and modify your data;
- possibility to enter different shipping addresses for the goods;
- access all information relating to orders and returns;
- manage your personal data, update them at any time or request modification or cancellation;
- take advantage of the dedicated services that may be activated from time to time (eg display of your "wish list", etc);
- view any warnings;
- consent to the processing of your personal data for sending newsletters by BAER.
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 undertakes to keep them secret and to ensure that no third parties have access to them. He also undertakes to inform BAER immediately, by contacting it by email at info@baerdistribuzione.com or by telephone at no. +393429253735, in case you suspect or become aware of an improper use or undue 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 indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the 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 change or cancel an order, you must promptly contact BAER no later than 12 hours after sending the order by email at info@baerdistribuzione.com or by telephone at no. +393429253735, ALWAYS indicating the order number.
6. Information on order and shipment status
At the time of shipment, the user will receive the shipping number at the email address indicated at the time of the order, through which they can track their purchases on the courier's website or through the courier's call center.
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 info@baerdistribuzione.com or by telephone at no. +393429253735 remembering to ALWAYS indicate the type and number of the document for which the copy and / or correction is requested.
8. Product warranty
8.1 All products marketed by BAER on its ecommerce site www.locherber.com 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 cancellations
To contact the administrative service, the Customer must send an email to BAER or by telephone at no. +393429253735 remembering to ALWAYS indicate the order number or the document or invoice number for which you are requesting information.
10. Payment methods
Purchases made on www.locherber.com 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 with Paypal system
10.1 In case of payment by bank transfer, the order will be handled only after confirmation of the full amount credited. Payment must be made within 3 days from the date of the order. For a correct and quick management of the order, the Customer must indicate the order number, date, name and surname of the Customer in the reason for payment. After this deadline, the order will be automatically canceled. The availability of the chosen product will be evaluated at the time of accreditation.
The transfer must be made out to:
- BAER DISTRIBUZIONE SRL
Account details: IT88E0569601600000024430X19
Banca Popolare di Sondrio
Via Santa Maria Fulcorina, 1 20123 MILAN
10.2 Credit card payments are handled through the Stripe company. Where the user chooses to pay by credit card, the reference bank 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 reversal of the committed amount. The release times depend exclusively on the banking system. Once the transaction has been canceled, BAER will in no case be held liable 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 demonstrating 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 procedure by credit card, BAER is able to know personal information relating to the holder of the same as the information is transmitted directly to the site of the bank that manages the transaction, a secure site.
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10.3 By selecting the PayPal payment type, 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 the same. In case of cancellation of the order or non-acceptance by BAER, the amount will be refunded to the PayPal account. BAER will in no way be liable for delays and / or damages caused in this phase.
11. Shipping and Costs
The cost of shipping is charged to the user and will be calculated automatically by the system. Any duties or customs charges will be charged to the customer.
12. Delivery Times
The delivery times of the goods vary according to the availability in stock of the purchased product (eg if the product is available from the manufacturer) and the delivery methods envisaged for the same. In any case, the delivery date is purely indicative and is in no way binding for BAER.
BAER makes use of couriers / carriers that offer the best value for money for the destination concerned: this allows us to offer our customers advantageous prices and quality of service.
In no case will it be possible to make deliveries by appointment and / or at fixed times and / or days.
In case of non-delivery of the goods due to an incorrect address provided by the user or due to storage in the courier / carrier's warehouses and / or in any case for any cause attributable to the user's behavior, a new shipment will be possible ONLY upon payment anticipated in the manner 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 in the closing tapes.
In case of tampering and / or breakage, the user must immediately contest the shipment and / or delivery using the document received from the courier or other operator and adding the words "RESERVE TO CHECK GOODS FOR ....." (indicate the reason). The user must subsequently report any damage within 3 days of receipt of the goods in the manner prescribed by the operator who performed the shipment.
14. Right of Withdrawal
The right of withdrawal is governed by the current legislation referred to in Articles. 52 and succ. Consumer Code. The right of withdrawal is governed by the current legislation referred to in Articles. 52 and following Consumer Code as amended by LEGISLATIVE DECREE 21 February 2014, n. 21.
The user who holds the status 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 incurring costs other than those provided for in article 56, paragraph 2 , and Article 57 of the aforementioned decree.
The complete text of the Consumer Code, updated as of September 16, 2015, is available at
http://www.aduc.it/generale/files/allegati/codiceconsumo.pdf
Nota Bene: The right of withdrawal pursuant to art. 52 and following Consumer Code is EXCLUSIVELY RESERVED to the Consumer defined by the Consumer Code in Article 3 as the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity 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. Withdrawal procedure
The right of withdrawal must be exercised in the following ways:
The purchased product must be intact and returned in the original packaging still sealed, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, sticks, etc.).
To exercise this right, the user must send BAER a communication via email to info@baerdistribuzione.com within 10 working days from the date of delivery of the goods.
Once the above communication has been made, and BAER has received acknowledgment of receipt, 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, to 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 responsible in any way for damage and / or theft / loss of products returned by uninsured shipments.
16. Returns and Refunds
The goods must be returned to BAER within the terms set out in point 14 together with the authorization form received. Without prejudice to any repair costs for damage to the original packaging, BAER will refund the User the full amount within 14 days from the delivery 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 (IBAN code of the customer).
17. Forfeiture of the right of withdrawal
The User loses the right of withdrawal and the consequent right to reimbursement in the event that BAER ascertains the existence of even one of the following conditions:
- Use, even partial, of the goods and any consumables;
- Lack of external packaging and / or original internal packaging;
- Absence of product components;
- Damage to the product for reasons other than its transport
- In the cases mentioned 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 It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising 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 consumer users, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has elected domicile. In the case of non-consumer users, 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 who resides 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, to the European procedure established for small claims, 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 is available on the website www.eur-lex.europa.eu.
19. Notice to consumers
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 legal disputes, 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 in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
BAER can be contacted by the organization at the following address info @ baerdistribuzione
For any clarification in this regard, 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 info @ baerdistribuzione.
21. Contacts
General Information & Customer Service:
Tel. +393429253735 - info@baerdistribuzione.com
Legal and Operational Headquarters: BAER DISTRIBUZIONE S.R.L. ("BAER")
Via Francesco Londonio 23, 20154 Milan (MI)
VAT number / Tax Code: 10844780964
Registered. Company Reg. MI-10844780964