TERMS AND CONDITIONS
These terms and conditions of use of The website and the rules for the sale of goods in the online store ("Terms") are designed to regulate the relationship between Bardini (hereinafter referred to as Bardini, "Seller" or "We"), and You as the buyer (hereinafter referred to as "You" or "Buyer"), on all matters related to the use of the Website and the conclusion of the contract(s) for the retail sale of Goods through the online store.
In accordance with article 435 and paragraph 2 of article 437 of the Civil code of the Russian Federation, these Terms, together with the description of Goods presented on the Website, are a public offer of the Seller addressed to Buyers with an offer to purchase Goods in the online store.
(A) "Website" means an Internet site accessible at www.bardiniofficial.com and administered by the Seller or other person authorized by the Seller for the purposes of the online store.
(C) "purchase Order" or "Order" means an information message posted in the online store by which the Buyer expresses its intention to purchase a particular Item in quantity, at the price and on the terms set forth in such message.
(D) "consumer protection Law" means the Law of the Russian Federation of 07.02.1992 N 2300-1 "On consumer protection" and any other law or regulation adopted in accordance with this Law as amended at the time of placing the Order.
(E) "online store" means a merchant of the Seller located on the Website and intended to provide the Buyer with information about the Goods necessary for their purchase by entering into a Contract of sale (including information about the range of Goods offered for sale in the online store; prices; methods and conditions of payment and delivery of Goods).
(F) "online store product Catalogue" or "Catalogue" means a description of all Goods, gift certificates and, if applicable, services available for purchase in the online store. Items listed in the Catalogue are subject to change, replacement or discontinuation at any time at the seller's discretion.
(G) "Courier" or "courier service" means an individual or entity engaged by the Seller for the purpose of delivering the Goods to the Buyers.
(H) "order Confirmation" means an information message generated by the online store or otherwise communicated to the Buyer (by telephone) by which the Seller consents to the sale of the Goods to the Buyer in accordance with the terms of the Order placed. The message indicates the order number by which the Buyer can receive information about the Product and the status of the Order.
(I) "Buyer" means a consumer within the meaning of the consumer protection Act who has registered an Account (account) or is using the Website without registration and has placed or intends to place an Order for the purchase of Goods in the online store. The buyer can be only the natural person who has reached the age sufficient according to requirements of the legislation of the Russian Federation for the conclusion of the Contract of purchase and sale, or the duly authorized representative of the natural person purchasing Goods only for the personal, family, house and other needs which are not connected with implementation of business activity (in the consumer purposes).
(J) "Personal data" means any information relating directly or indirectly to the Purchaser (name, contact details, etc.).
(K) "Parties" means the Seller and the Buyer.
(L) "Goods" or "Goods" means footwear, clothing, accessories and other consumer goods containing the trade mark(s) belonging to Bardini and which are offered for sale in the online store.
(M) "buyer's Account (s)" or "Account (s)" means the personal section of the Buyer on the Website where the Buyer, using his / her account (s) data (in particular login, e-mail address and password), can obtain information about the history of his / her Orders, as well as place a new Order.
2 THE ORDER OF PLACEMENT OF THE ORDER AND OF THE CONTRACT OF PURCHASE AND SALE
2.1 Placing An Order
You have the right to use the Website and place Orders in the online store only if You are a consumer within the meaning of the Law on consumer protection and use the Website or place an Order exclusively for personal, family, home and other needs not related to business activities.
The online store is available to place Orders around the clock (24 hours a day, 7 days a week). However, the Seller has the right to close and/or restrict access to the online store at any time at its discretion and for any reason, including periods of routine maintenance or due to technical failures.
You have the right to place a purchase Order in the online store by selecting an Item from the Catalog and clicking the "ADD TO CART" button, and then confirming your choice by clicking the "CHECKOUT"button. To place an Order, You will also need to fill out an Order form and provide, among other things, information about shipping and payment options.
The buyer may also place an Order through the buyer's Account (s) on the Website. In order to create an Account (account), the Buyer must complete the registration form on the Website by entering the following information: name, surname, email address and password to access the Buyer's Account (account). Creating an Account (account) is not required to place an Order.
You are responsible for the accuracy, correctness and reliability of the information provided when creating an Account (account), as well as for its timely clarification and/or change. Bardini will not be liable for any damage suffered by You and / or third parties due to the inaccuracy, inaccuracy, incompleteness and inaccuracy of the data specified on the Website.
You are responsible for your actions and actions of third parties carried out in the course of using the Website. You agree not to transfer your Account (account) data to third parties. If You have lost your Account data (account), You should immediately, but not later than within 24 hours from the date of loss of data to inform Bardini.
You are responsible for the transfer of account (account) data to third parties. If the website is used by a third party using your Account information (account), it is considered that the Website is used by the Buyer. Bardini is not responsible for unauthorized access by third parties to Your Account (s) , except as provided by law.
Buyers have the right to place Orders for the purchase of Goods in the amount usual for retail sales. To the extent permitted by applicable law, Bardini may, in its sole discretion, set, modify or cancel the minimum and maximum price values for a single Order, as well as the maximum number of items in a single Order.
By placing an Order in the online store, You agree to the purchase of Goods at the price, quantity, range and in accordance with other conditions specified in the Order.
From the moment You click the "PLACE ORDER" button and / or a receipt and / or a message that Your Order has been placed is displayed on Your screen, You are bound by the said Order in accordance with the laws of the Russian Federation and these terms and Conditions. Please note that sending You a receipt and / or other message is an automated confirmation that we have received Your Order. However, this message does not mean that Your Order has been confirmed and We reserve the right to reject or cancel Your Order in accordance with these Terms.
After receiving the Order, the Seller confirms the Order by sending the order Confirmation to the Buyer to the e-mail address specified by the Buyer when placing the Order, or by contacting the Buyer by phone.
We may reject or cancel Your Order in whole or in part in the cases listed below, without incurring any liability to Bardini for any damage or cost to the Buyer. We will notify You in advance of the rejection or cancellation of Your Order by e-mail or contact phone number, try to resolve the problem and return You any payments made in Our favor:
(A) Your Order cannot be fulfilled;
(B) Your information, including payment information, is incorrect or cannot be verified;
(C) Your Order may have been placed for fraudulent purposes or in connection with a criminal act or other illegal activity;
(D) In the online store happened inadvertent error, e.g., error when making the payment, etc.
If You make a mistake when placing an Order, please change the necessary information through Your Account (account) or contact our customer service Department, who will be happy to provide You with appropriate assistance. In any case, please be sure to double check Your Order before placing it.
You can also place an Order by contacting Us by phone. In this case, the Order is paid after its receipt by the Buyer.
2.2 Conclusion of the Contract of sale
Each Contract of sale concluded between the Seller and the Buyer is stored in the database of the online store in the manner prescribed by applicable law.
Before or after Confirmation of the Order, but until the moment when the Order is transferred for delivery, the Seller is released from liability for failure to fulfill the Order (in whole or in part) in the presence of force majeure (including cases of lack of Goods, impossibility of delivery due to weather conditions, lack of confirmation of payment, etc.). The seller must immediately notify the Buyer of such circumstances by e-mail or telephone, and the Buyer has the right to withdraw from the Contract of sale or change the date and time of delivery. If the Buyer does not respond within 24 hours of notification, the Seller has the right to cancel the Order.
3 PRICES AND TAXES
All prices for Goods, delivery costs and other services are stated in rubles and include all applicable taxes.
Product Prices do not include shipping costs. Shipping costs are added per new Order. We will always inform You of the full amount of the Order, including all taxes and other charges such as the cost of services and possible shipping costs at the time of placing the Order.
The prices listed on the Website are the prices of the Goods in effect at the time of placing the Order. Prices are subject to change without notice to the Buyer and the Buyer is deemed to be duly aware of such changes from the date such changes are posted on the Website. However, the relevant changes do not affect orders already confirmed by the Seller.
We accept payment for Goods only in rubles.
4 METHODS OF PAYMENT
You can pay for the Goods at the time of placing the Order or upon delivery.
Piazzale Michelangelo offers Customers the following payment methods:
(A) Payment cards, including credit cards of MasterCard; VISA; MIR; or
The buyer pays all costs of money transfers and Bank charges except for the costs and fees associated with the purchase of Goods in the online store.
Bardini uses a secure data encryption system using secure sockets layer (SSL). This method of coding protects your payment card data from interception and manipulation during transmission. This eliminates the possibility of unauthorized access to this information during transmission on the Internet.
Please note that we do not accept payment for Goods in a way other than the above. If You attempt to pay for your purchase by other means, we are not responsible for any loss of funds or any other loss caused by Your actions.
5 DELIVERY OF GOODS
Bardini has the right to engage third parties, including Courier services, for the delivery of Goods to Customers.
When placing an Order, You will be given information about the available methods and terms of delivery, from which You will need to choose the option that is convenient for You.
The goods are delivered to the address specified by You in the Order. You are solely responsible for the accuracy and completeness of the information provided in the Order. Please note that certain shipping addresses may not be available at the time of ordering. We will do our best to inform You as soon as possible after placing your Order about the impossibility of delivery to any address.
If delivery is not possible due to the fault of the Buyer or due to circumstances depending on the Buyer, the Seller shall be released from liability to the Buyer for violation of delivery terms.
The buyer is aware and agrees that in certain cases the terms of delivery may be changed by the Seller due to circumstances that could not be known to the Seller in advance. In such case, the Seller shall immediately notify the Buyer of such circumstances and agree on the terms of delivery of Goods other than those specified in the Order. In this case, the Seller is not responsible for the violation of delivery terms.
Without prejudice to Your legal rights and remedies under applicable law, it Is your responsibility to check the quality, quantity and range of the goods Ordered at the time of delivery and to inform the Seller of any claims in this regard by contacting customer service.
In respect of Goods of inadequate quality, you have the rights granted by the consumer protection Act.
At the time of delivery, the Courier has the right to require you to present a document proving Your identity, or to report the data of the document proving Your identity in writing or in any other form available in accordance with the current legislation of the Russian Federation.
6 PROVISIONS ON THE EXCHANGE AND (OR) RETURN
If for any reason You are not satisfied with the Goods of proper quality purchased in the online store, You can return the purchased Goods within 14 (fourteen) calendar days from the date of delivery without explanation. However, You have no right to refuse the Goods having individually-certain properties, or developed by the individual order.
Items to be returned must be in excellent condition and in their original packaging intact, while maintaining their presentation, which means, among other things, maintaining the integrity of the seals, labels and tags on the Goods. Goods should not be in use.
Exchange of Goods of good quality is not provided. However, You may return such Item in accordance with these Terms and place a new Order for the same or another Item.
You have the right to make claims for Goods of inadequate quality within the time limits provided by the applicable consumer protection Law.
To return the Goods of proper quality and / or to exchange or return the Goods of improper quality, You should contact our customer service Department by e-mail email@example.com or call + 7 (915) 279-44-11 and follow the instructions provided. You will need to fill out a return form and provide the following documents:
(A) a Sales receipt or other proof of payment; and
(B) the Document proving the identity.
In case of return All shipping costs are borne by the Seller.
In case of return of the Goods within 10 days from the date of receipt by the Seller of the corresponding written request of the Buyer and delivery of the returned Goods, the Seller undertakes:
(A) return to the Buyer all value of the Goods paid by the Buyer; or
(B) at the request of the Buyer, provide a certificate equivalent to the value of the returned Goods.
Please keep in mind that in case of a refund to Your Bank account, the period during which the payment will be displayed on Your account depends on Your Bank.
If You have any questions regarding the return or exchange of Goods, You can contact our customer service Department by phone + 7 (915) 279-44-11 or by e-mail firstname.lastname@example.org ahhh! The service Department is available daily from 10.00 to 22.00 Moscow time.
7 IMPORTANT INFORMATION
Product descriptions are offered on the Website in the form of digitized photos of real products. Some Items may appear larger or smaller than their actual size due to screen settings and the way they are photographed. Other Products may be presented in a form significantly larger than their actual size, to be able to clearly display their details, or less than their actual size, to be able to display the Goods as a whole. Similarly, the colors on the product Images in the online store may be slightly different due to the resolution of Your monitor and may differ from the actual colors. Minor differences between the images and the actual appearance of the Goods are not considered a disadvantage of the ordered Goods.
We would like to draw your attention to the fact that the Products presented on the Website may be missing or unavailable at the time you visit The website, as well as to the fact that prices may change.
8 RESERVATION OF RIGHT OF OWNERSHIP OF THE GOODS
As a General rule, the right of ownership, as well as the risks of accidental loss and accidental damage to the Goods pass to the Buyer from the date of transfer (delivery) of the Goods to the Buyer or the person authorized by the Buyer. Goods sold through the online store with the condition of payment after the transfer, remain the property of Bardini until their full payment by the Buyer or a person authorized by the Buyer.
The seller is responsible to the Buyer for the quality of the purchased Goods in accordance with the norms of the current legislation.
The seller's responsibility for the quality of the Goods does not extend to cases of natural wear and tear of the Goods; formation of spools on the surface of the fabric; burnout of the fabric or loss of color; cuts; tears and scuffs, defects resulting from improper use of the Goods. Losses not provided for by law, including those caused by improper use of Goods, are not subject to compensation.
In case of a dispute about the causes of defects of the Goods, the Seller shall carry out an independent examination of the Goods at its own expense and within the terms established by the current legislation.
10 INTELLECTUAL AND INDUSTRIAL PROPERTY
Intellectual and industrial property rights in respect of works, trademarks, logos and other objects of legal protection posted on the Website belong respectively to the Seller or third parties who have authorized their use on the Website. Unauthorized reproduction, distribution, modification of such works, trademarks, logos, etc. are a violation of the intellectual and industrial property rights of the Seller as the owner and may lead to the Commission of legal actions necessary to restore the violated right.
Similarly, information that the Buyer accesses through the Website may be protected by intellectual or industrial property rights, or by rights of any other nature. The seller shall not be liable for any breach of such rights by the Buyer.
11 PROTECTION OF PERSONAL DATA
We process Personal data of Buyers in accordance with the current legislation of the Russian Federation, in particular, the requirements of the Federal law of July 27, 2007 № 152-FZ "On personal data", the RF Government decree of November 1, 2012 № 1119 "On approval of requirements for the protection of personal data during their processing in information systems of personal data", etc.
12 APPLICABLE LAW AND DISPUTE RESOLUTION
The relations between the Seller and the Buyer are regulated by the legislation of the Russian Federation. Any disputes shall be referred at the buyer's option:
(A) to the competent court at the place of registration of the Buyer;
(B) to the competent court at the seller's place of registration;
(C) to the competent court at the place of conclusion or performance of the Contract of sale.
The seller has the right to prosecute any violation of these Terms, as well as any other improper use of the Website through appropriate legal proceedings in civil or criminal proceedings.
13 THE VALIDITY OF THESE TERMS AND CONDITIONS
The invalidity of one or more provisions of these Terms shall not affect the validity of the remaining provisions.
14 ASSIGNMENT AND TRANSFER OF RIGHTS AND OBLIGATIONS
Bardini may at any time, in its sole discretion, assign its rights and obligations under these Terms and the Contract of sale to third parties.