General Terms & Conditions of Sale — RIVAIR S.r.l. (barbararizzi.com)
These General Terms & Conditions of Sale govern every order placed and every contract concluded online between RIVAIR S.r.l. and the Buyer through the e-commerce system on www.barbararizzi.com. By sending an order, the Buyer confirms that he has read and accepts them.
2.1RIVAIR makes the following information available to the Buyer. The technical steps to conclude the contract are:
The contract, once concluded, is archived and accessible as follows: a summary is sent by email when the order is placed, and can also be viewed under "My Orders" in the "My Account" area.
To identify and correct input errors before forwarding the order, in the "Time Capsule" or "Ready To Wear" section it is possible to review and amend your data before confirming, without leaving the page or going back.
RIVAIR does not apply any code of conduct. In addition to Italian, the sales contract may be concluded in English.
The contract is governed exclusively by Italian law. For Consumers resident or electively domiciled outside Italy, the exclusively competent court is that of Milan; for Consumers resident or electively domiciled within Italy, the competent court is that of their residence or elected domicile.
3.1These General T&Cs govern all orders sent and all contracts concluded online between RIVAIR and the Buyer within the e-commerce system managed by RIVAIR on www.barbararizzi.com. They may be amended at any time and without notice by RIVAIR and are binding on the Buyer from the date of publication. The Incoterms 2020, as referred to herein, form an integral and substantial part of the contractual relationship.
3.2The sales system is directed towards Consumers only.
3.3In sending an order telematically, the Buyer (i) confirms that he has read and accepts these General T&Cs and (ii) waives the application of any of his own purchase conditions.
4.1Registration on the Website is not mandatory. A Buyer wishing to send an order may, however, register by completing the relevant form. The Buyer undertakes to provide his personal data correctly and truthfully and to promptly notify any changes. The processing of the Buyer's personal data is carried out in accordance with RIVAIR's personal data processing notice referred to in clause 14.
4.2At registration the Buyer sets a Username. RIVAIR then sends an email confirming registration, summarising the chosen Username and inviting the Buyer to set a password, granting access to the personal control panel to place and follow orders, subject to IT authentication.
4.3The password and Username may be changed by the Buyer at any time.
4.4The identification codes (Username and Password) must be used each time the Buyer accesses the Website or reviews orders, for authentication purposes. The Buyer acknowledges that the Username and Password are the only suitable means of identifying him; all actions carried out with them are attributed to and binding on him.
4.5The Buyer undertakes to keep his Username and Password confidential and not to transfer them to third parties, even temporarily.
4.6RIVAIR reserves the right to suspend access and the sales service:
4.7The Buyer is solely responsible for any acts, direct or indirect damages or losses connected with the copying, disclosure, communication or use — including by unauthorised third parties — of his Username and Password.
4.8The Buyer will indemnify RIVAIR against any claim, action or objection made against it in relation to the matters set out in this clause 4.
4.9On registering, the Buyer will be asked to consent to the use of personal data for promotional purposes (newsletter).
5.1The range of Products is as follows: "Collection" — mass-produced dresses available in standard sizes and ready to buy.
The publication of the images relating to the Product constitutes an offer to the public pursuant to art. 1326 of the Civil Code. By placing an order electronically the Buyer enters into an electronic sales contract with RIVAIR. The contract is concluded at the moment the message containing the order reaches RIVAIR's IT system.
Payment is made at the time of the order by credit card via PayPal, Google Pay or credit card (Nexi). RIVAIR will promptly charge the sale price to the Buyer's card. The sale is conditional on full payment and is subject to termination: failure to credit RIVAIR's account, for any reason attributable to the Buyer, results in termination of the contract and cancellation of the order, releasing RIVAIR from any obligation.
If supply of the Product becomes impossible for reasons attributable to third-party suppliers after order confirmation, RIVAIR may terminate the contract, returning to the Buyer any sum paid, and is thereafter released from any further obligation from the date of effective reimbursement.
The Product is delivered to the courier for shipment to the Buyer within 10 working days (Collection) from completion of payment. Shipping and delivery times may vary depending on the destination country and its customs laws, import procedures and possible inspections by local customs authorities; any delays arising from these procedures are not attributable to RIVAIR.
8.1Payment may be made by credit card via PayPal, Google Pay or credit card (Nexi). RIVAIR reserves the right to fulfil the order provided that the data registered for the payment account match the billing and shipping data of the order. RIVAIR cannot be held responsible for any illegal or fraudulent use by third parties to the Buyer's detriment, as RIVAIR has no access to card data, which are provided directly by the Buyer to the bank. RIVAIR will not charge on receipt of the order; the charge is made upon acceptance of the order by RIVAIR.
9.1Delivery of the Product is made DDP to the place of delivery indicated in the order, pursuant to Incoterms 2020, by DHL courier according to its general conditions, which form an integral and substantial part hereof. Shipping costs are charged together with the final price. Delivery time is 10 working days from delivery of the Product to the shipper.
The Buyer must verify at delivery: the compliance of the waybill with the actual number of packages and the apparent state of the goods and packaging, entering any grounded reservations on the waybill in case of discrepancies. Absent reasoned reservations, the goods and packaging are presumed received in apparent good order and conforming to the waybill.
If delivery cannot be completed at the address provided and the parcel is returned to RIVAIR, the related cost is charged to the Buyer. On signing at delivery, responsibility for the goods passes to the Buyer.
10.1The Buyer can check the status of his order directly in his personal control panel, as indicated in clause 2.
10.2At shipment, RIVAIR and/or the courier sends the Buyer an email or SMS with the DHL tracking number. The Buyer can follow the order status from his personal control panel or on the courier's website, which shows the exact and updated movements of the shipment.
11.1Pursuant to Legislative Decree no. 206 of 6 September 2005 (Consumer Code), art. 47, the Buyer of a "Ready to Wear" Product may freely exercise, without giving reasons, the right to return the purchase by sending written notice to RIVAIR S.r.l., Via I Maggio 12, 24040 Canonica d'Adda (BG), Italy, by registered letter with return receipt within fourteen (14) working days from receipt of the Product, pursuant to arts. 64 and 67 et seq. of the Consumer Code (Saturdays, Sundays and public holidays are not working days).
11.2The right of withdrawal may also be exercised, within the same term, by clicking the "Withdraw from contract" button. The registered letter is deemed sent in good time if delivered to the post office within the limits stated above.
11.3The Product must be returned to Rivair S.r.l., Via I Maggio 12, 24040 Canonica d'Adda (BG), Italy, no later than fourteen (14) working days from the date RIVAIR receives the withdrawal notice. The goods are considered returned when delivered to the accepting post office or forwarder. Returns received after the contractual terms have expired may not be accepted, at RIVAIR's discretion. A trackable courier or means is advisable.
11.5RIVAIR refunds the price of the returned Product once its integrity and normal state of preservation have been verified. Within fourteen (14) working days from receipt of the withdrawal notice, and after checking the Product, RIVAIR credits the Buyer with the value of the goods stated in the invoice, excluding shipping costs (and any additional costs arising from the Buyer choosing a delivery method other than the least expensive standard option). Unless otherwise agreed, the refund uses the same payment method as the original payment.
12.1RIVAIR guarantees that the Product is free of conformity defects. Conformity defects are those that render the Product not conforming to RIVAIR's description, or lacking the usual qualities of an item of the same type that the Consumer may reasonably expect, taking into account the nature of the item and any specific Product guarantees provided by RIVAIR.
12.2The legal guarantee, pursuant to art. 1495 of the Civil Code, lasts two (2) years from delivery of the Product to the Consumer and must be claimed within two (2) months of discovery of the defect (for apparent defects, discovery coincides with delivery). Proof of purchase should always be kept.
12.3RIVAIR will take delivery of the defective Product to verify whether the defect is a lack of conformity. For defects occurring in the first six months from delivery, the cost of verification is borne by RIVAIR, as the defect is presumed to have existed at delivery; thereafter, only where the malfunction does not depend on a conformity defect, RIVAIR may request reimbursement of a reasonable cost of €50.00 for verification. If a conformity defect is found, RIVAIR will repair or replace the goods within a reasonable time at no charge. The Buyer is entitled, at his option, to repair or replacement at no charge, unless the chosen remedy is impossible or excessively burdensome compared to the other. If neither is possible, the Buyer is entitled to a price reduction or partial refund, commensurate with the value of the item, on return of the defective Product.
12.4The guarantee lapses in the event of accidental events or incorrect/improper use. The guarantee assumes careful, responsible use and appropriate treatment, both indoors and outdoors.
13.1The materials published on the Website — such as trademarks, information, texts, advertising materials, music, audio-video materials and, in general, the Website and its contents — are protected by copyright law and the Industrial Property Code; any total or partial reproduction is prohibited. The Barbara Rizzi brand is owned by RIVAIR and protected by intellectual property and unfair competition rules; any use not authorised in writing is prohibited.
13.2The Buyer may not modify, reuse, copy, distribute, transmit, reproduce, publish, license, create derivative works from, sell or assign, or otherwise use for any commercial purpose, any information, software, product or service obtained through or made available on www.barbararizzi.com.
13.3RIVAIR does not guarantee that the functional aspects of the Site or its contents are free of errors, or that the Site or its server are free of viruses or other harmful components. All users are advised to keep updated antivirus software installed.
14.1All information relating to the processing of the Buyer's personal data is set out in the Data Protection Privacy Notice.
15.1For all purposes, the sale is deemed to take place at the registered office of Rivair S.r.l., Via I Maggio 12, 24040 Canonica d'Adda (BG), Italy.
16.1These General Terms & Conditions of Sale are governed by Italian law.
16.2Any dispute regarding the performance, interpretation or validity hereof, or connected with the same, is subject to the exclusive jurisdiction of the Court of Milan.
16.3By way of exception, where the Buyer qualifies as a Consumer under Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the competent court is that of the Buyer's residence or domicile, if within Italy; if the Buyer, though a Consumer, is not resident or domiciled in Italy, the competent court for all related disputes is that of Milan.
Pursuant to and for the effects of articles 1341 and 1342 of the Italian Civil Code, the following clauses of RIVAIR's General T&Cs are expressly accepted: 2.1 letter f), 3.1, 3.3, 4.4, 4.5, 4.6, 4.7, 4.8, 6.2, 7, 9.4, 9.5, 9.6, 11.1, 11.2, 11.3, 11.4, 11.5, 12.4, 12.5, 13.2, 13.3, 15.1, 16.1, 16.2, 16.3.
