RIVAIR: the company Rivair Srl Vat n° 01589210127unipersonale with registered office in Via I Maggio, 12, 24040 Canonica d’Adda BG;
Buyer: the Consumer sending an order telematically to RIVAIR and/or who has entered into a sale contract with it regarding the purchase of the Product;
Product: clothing (for example: Dresses, Tops, Shirts, Kafkan, Skirts, Pants, Shorts etc…) manufactured by RIVAIR and placed on sale in the Website;
Consumer: any individual acting for purposes outside that of his commercial, industrial, artisanal or professional activity;
Website: the www.barbararizzi.com website.
2.1. RIVAIR wishes to make available to the Buyer the following information:
a) The various technical phases to be followed in order to conclude the contract are:
– access the area “My Account” and register in by filling in your personal data (First name, second name and e. mail address)
Subsequent accesses will be subject to logging in.
by accessing the “MENU” placed on the top right of the page you can select from a list the range of Products you wish to purchase, by choosing in between “Ready to Wear” and “ Bespoke or custom-made clothing”; then, by clicking of the image of the clothes you are interest in you may start the purchase process
b) The contract once entered into is archived and can be accessed as follows;
-When sending an order, a summary of this is provided by email (whether or not the user is registered); accessing the “My Account” area one can see the summary under the heading “Orders”, “Payment Methods” “Account Details”;
c) The technical means made available to identify and correct the errors in data insertion prior to forwarding the order to RIVAIR:
-access the section “Time Capsule or Ready To Wear”, prior to confirming the order, it is possible to review and/or amend one’s data without leaving the page or go back .
d)any codes of conduct applied and how to access these telematically;
-RIVAIR does not apply any code of conduct.
e)Languages available in which the contract can be entered into in addition to Italian :
-The sales contracts can be entered into in Italian or English.
f)The indication of the manner of resolving disputes:
-The contract is subject exclusively to Italian law:
-for Consumers who are resident or electively domiciled outside the territory of the Italian State, the court competent, exclusively, to decide any disputes is that of the Court of Milan; for Consumers resident or electively domiciled within the territory of the Italian State, the Forum will be the court of their residence or their domicile of choice.
3.1. These general terms and conditions of sale (“General T&Cs“) discipline the conditions applicable to all orders sent and to all contracts entered into online between RIVAIR and the Buyer in the ambit of the ecommerce system offered and managed by RIVAIR on the www.barbararizzi.com website.
These General T&Cs may be amended at any time and without notice by RIVAIR and will be binding on the Buyer from the date of their publication.
The Incoterms 2020 as duly referred to in these General T&Cs form an integral and substantial part of the contractual relationship.
3.2. The sales system is directed towards the Consumers only.
3.3. The Buyer, in sending an order telematically: (i) confirms that he has viewed the General T&Cs and that he accepts them and (ii) waives the application of any of their own purchase conditions.
4.1. Registration on the Website is not mandatory. The Buyer intending to send, telematically, an order can however register himself completing the relevant registration form on the Website.
The Buyer undertakes to provide his personal data in a correct and truthful manner and to timely notify any changes of the same. The processing of the Buyer’s personal data – provided and collected at the time of registration and/or performance of the contract – is effected in accordance with the personal data processing notice of RIVAIR as referred to at clause 14.
4.2. At the time of registration, the Buyer will chose a Username and a Password. Thereafter, RIVAIR will send via email confirmation of registration, summarising the Buyer’s details as well as the User ID chosen and will permit the relevant access to the personal control panel in order to be able to make further orders, subject to IT authentication, and to follow the course and various phases of the orders placed.
4.3. The password and Username can be changed by the Buyer at any time.
4.4. The identification codes (Username and Password) must obligatorily be used each time the Buyer wishes to use the Website or review orders sent and filled, for the purpose of authentication.
The Buyer acknowledges and agrees that the Username and Password are the only suitable means of identifying the Buyer when accessing www.barbararizzi.com, therefore all actions carried out using said identification codes will be attributed to him and will be binding on him.
4.5. The Buyer undertakes to safeguard his Username and Password with the maximum confidentiality and diligence, taking into account the nature and characteristics of the service and not to transfer these, even on a temporary basis, to third parties.
4.6. RIVAIR reserves the right to suspend the access and sales service:
4.7. The Buyer will be considered the sole person responsible for any acts, damages, whether direct or indirect, or loss connected, directly or indirectly, with the copying, knowledge, dissemination, communication and use, also by unauthorised or abusive third parties, of his User ID and Password.
4.8. The Buyer will indemnify RIVAIR in respect of any claim, action or objection that may be made against RIVAIR in relation to the facts indicated at art. 4).
4.9. The Buyer registering on the Website will be asked to give consent for the use of personal data for promotional purposes (sending a newsletter).
5.1. The range of Products are as follows:
1) “ready to wear”: refers to mass-produced dresses available in standard sizes and ready to buy;
2) “Bespoke or custom-made clothing”; dresses customized to Buyer wishes.
6.1. The publication of the images relating to the Product constitutes an offer to the Public, pursuant to art. 1326 civil code. In placing an order electronically the Purchaser enters into an electronic sales contract with RIVAIR.
6.2. The contract is deemed concluded at the moment in which the message containing the order reaches RIVAIR ITsystem. RIVAIR reserves the right to check availability of the PRODUCT requested within four working days of receipt of order: should the Product not be available (rescission condition), even temporarily, RIVAIR shall notify the Buyer of such non-availability by e-mail and within the aforementioned timeframe, and the contract shall be deemed annulled, unless the Buyer sends written acceptance to RIVAIR of the new delivery time. RIVAIR will refund the price paid by the Buyer within 30 calendar days of receipt of payment.
6.3. The payment shall be made at the time of the order by credit card via PayPal, Google Pay, Apple Pay, Pay with Link, Credit card, Nexi. RIVAIR will promptly charge the sale price to the Buyer’s credit card. The contract of sale is conditioned (and therefore subject to termination) on full payment. Therefore, failure to credit the current account of RIVAIR in the aforementioned period, for any reason attributable to the Buyer, will result in the termination of the contract, the order will be cancelled and the Buyer will have to reinsert said order, with release of RIVAIR from any obligation.
6.4. If it is not possible to perform and the supply of the Product for reasons due to third party suppliers, following order confirmation, RIVAIR will be entitled to terminate the contract with the Buyer, save always the return to the Buyer of the sum paid, and RIVAIR will therefore be free of any further obligations from the date of effective reimbursement of the nay price paid.
6.5. The Product will be delivered to the courier for shipment to the Buyer within 10 working days (READY TO WEAR) and in between 15 and 30 working days (BESPOKE or CUSTOM- MADE CLOTHING) from the completion of payment (booking of the payment). Shipping and delivery times may be subject to variations depending on the destination country and its applicable customs laws, import procedures, and potential inspections by local customs authorities. Any delays arising from these procedures shall not be attributable to RIVAIR.
7.1 The Buyer wishing to order a custom- made haute couture Product, shall provide RIVAIR with her measures of the bust, waist and hips. RIVAIR shall not be held held liable for any error in the information provided by the Butey in the order, including any measurements supplied
8.1. Payment can be made by the credit card via PayPal, Google Pay, Apple Pay, Pay with Link, Credit card, Nexi. RIVAIR reserves the right to proceed with the order fulfilment provided that the data registered for the PayPal, Google Pay, Apple Pay, Pay with Link account coincide with the billing and shipping data of the order itself. Under no circumstances RIVAIR can be held responsible for an illegal and fraudulent use by third parties to the detriment of the Buyer, since RIVAIR does not have any access to credit card data, which are provided directly by the Buyer to the bank institute. RIVAIR will not charge the receipt of the Buyer’s order; the charge will be made upon acceptance of the order by RIVAIR.
9.1 Delivery of the Product is made DDP to the place of the delivery (as reported in the order) pursuant to Incoterms 2020. Delivery shall be performed by DHL courier according to the general conditions attached, to which reference is made and which are deemed as an integral and substantial part hereof.
The shipping costs are as follows and are charged at the time when the contract is entered into (acceptance of the order by RIVAIR):
The delivery times are as follows (from date of delivery of Product to the shipper):
10 working days in case of delivery of ready to wear product
15- 30 working days in case of delivery of Bespoke- custom made haute couture
10.1 The Buyer can verify the status of his order directly on the control panel for his personal profile, as indicated at art. 2).
10.2 At the time of shipment, RIVAIR and / or the courier will send the Buyer an e-mail or an SMS containing the shipping number provided by the DHL courier. The Buyer can follow the status of his order sent directly to the control panel of his personal profile or on the courier’s site. The displayed web page will show the exact and updated movements regarding the shipment.
11.1 The provision and the withdrawal rights set forth in this clause do not apply to “BESPOKE OR CUSTOM-MADE CLOTHING”.
11.2. According to legislative decree dated 6 September 2005, n. 206 (Consumer Code), in accordance with the provision of art. 47) of the same, the Buyer of a “RAEDY TO WEAR “ Product can freely exercise, and without need to ground the same, the right to return the purchase, by sending written notice to RIVAIR SRL Via I Maggio, 12, 24040 Canonica d’Adda (BG) Italyby registered letter return receipt within fourteen (14) working days from the date of the receipt of the purchased Product, pursuant to articles 64 and 67 et seq. Consumer Code (Saturdays, Sundays and public holidays are not working days).
11.2 The right of withdrawal may also be exercised, within the same term, by Whats app, or by phonesent to 0039 3450613072 or by e-mail sent to sales@barbararizzi.com provided the same is confirmed by registered letter return receipt within the following forty-eight working hours. The registered letter is deemed sent in good time if delivered to the post office within the time limits stated in the Consumer Code and indicated above.
11.3 In all cases, the costs of sending the registered letter and fax and any other ancillary or additional expenses are borne by the Buyer.
The Product must be returned to Rivair Srl., Via I Maggio, 12, 24040 Canonica d’Adda (BG) Italy, no later than fourteen (14) working days from the date of receipt by RIVAIR of the withdrawal notice. For the purpose of expiry of the term, the goods are considered as returned when they are delivered to the accepting post office or to the forwarder. Returns received after the contractual terms have expired may not be accepted at the discretion of RIVAIR.
For shipping it is advisable to use a courier or other means suitable to allow the traceability of the shipment.
11.5 RIVAIR will refund the price of the returned Product once the integrity of the same and its normal state of conservation have been ascertained. In this case, within fourteen (14) working days from receipt of the notice of withdrawal sent by registered letter return receipt, and after checking the integrity of the Product, RIVAIR will proceed to credit the Buyer with the amount corresponding to the value of the goods stated in the invoice, excluding shipping costs borne by RIVAIR (including additional costs arising from the possible choice of the Buyer to use a form of delivery other than the less expensive method of standard delivery applied by RIVAIR). Unless otherwise agreed, the refund will be made using the same payment method used by the Buyer to make the payment.
ATTENTION: the costs for returning the Product and any additional accessory or additional expenses are charged to the Consumer (NO RETURNS WILL BE ACCEPTED WITH SHIPPING COSTS CHARGED TO RIVAIR). The Buyer must send the Product properly packaged in the original packaging and must also include a copy of the delivery / transport document received. In the event that the delivery / transport document was lost during shipment, the Buyer can request a copy from RIVAIR by contacting: sales@barbararizzi.com
The right of withdrawal can be exercised only if the Product is perfectly UNDAMAGED in every part (including the declaration of conformity (where provided) and the corresponding serial number stamped on the hologram sticker and the labels, catalogues, packaging and original accessories received together with the order) and in a normal state of preservation. The returned Product must not be removed from its wrapping or parts of the same, nor show signs of tampering. If RIVAIR should receive the return Product tampered with or damaged or used improperly, it will not refund the amount paid for the purchase of the same and the plate will be returned to the Buyer at its expense.
12.1 RIVAIR guarantees that the Product will be free of any defects in conformity.
Defects in conformity are those defect that render the Product:
12.2 The legal guarantee, pursuant to Article 1495 of the Civil Code, shall be for a term of:
12.3 RIVAIR will take delivery of the defective Product to check whether or not the defect depends on a lack of conformity. In particular: (i) for defects occurring during the first six months from the date of delivery of the Product, the cost of verification is always borne by RIVAIR as it is presumed that the defects existed at the time of delivery; (ii), thereafter, in the sole case where the malfunction does not depend on a defect in conformity, RIVAIR can request reimbursement of the reasonable cost of Euro 50.00 for verification. If a defect in conformity is identified, RIVAIR will repair or replace the goods within a reasonable time from the request and without charging any expenses. In the presence of a defect in conformity, the Buyer is entitled, at his option, to repair or replacement by RIVAIR of the defective item without charging any expenses, unless the remedy requested is impossible or excessively burdensome with respect to the other option. If replacement or repair is not possible, the Buyer is in any case entitled to a reduction in the price or to receive reimbursement of part of the price, commensurate with the value of the item, on return to RIVAIR of the defective Product.
12.4. The guarantee lapses in the event of: accidental events; incorrect or improper use. The fixed-term guarantee is based on careful and responsible use as well as appropriate treatment, both indoors and outdoors.
13.1 The materials published on the Website <barbararizzi.net>, such as trademarks, information, texts, advertising materials, music, audio-video materials and in general the Website and its contents are protected by the copyright law and the Industrial Property Code, and therefore any reproduction of the same, either total or partial, is prohibited. The Barbara Rizzi brand is owned by RIVAIR and is protected by the rules on intellectual property and unfair competition, therefore any use that is not authorised in writing is prohibited.
13.2. The Buyer may not modify, reuse, copy, distribute, transmit, reproduce, publish, grant under licence, create derivated copies, sell or assign, or in any case use for any commercial purpose, any information, software, product or service obtained and/or made available over the www.barbararizzi.com WebSite.
13.3 RIVAIR does not guarantee that the functional aspects of the Site or its contents are fee of errors or that this Site or the server that makes them available are free of viruses or other harmful components. We always advise all Internet users to ensure that they have installed an updated antivirus software.
14.1 All the information relating to the processing of the personal fata of the Buyer may be found in the Data Protection Privcay Notice.
15.1 The sale is deemed for all purposes to have occurred in Via I Maggio, 12, 24040 Canonica d’Adda (BG) Italy at the registered office of Rivair Srl.
16.1 These general terms and conditions of sale are subject to Italian law.
16.2 Any disputes that may arise regarding the performance and/or interpretation and/or validity hereof or in relation to any issue connected with the same shall be subject to the exclusive jurisdiction of the the Court of Milan.
16.3 Save as above, in the case in which:
