1. INTRODUCTION

This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of items through such website (hereinafter, the "Terms"). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the "Data Protection Policies") prior to using this website.
By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
The Contract between us to purchase a item (hereinafter, the "Contract") may be executed, at your option, in any of the languages in which the Conditions are available on this website.

2. OUR DETAILS

Sale of items through this website is carried out under the BARBA NAPOLI name by MARINO INDUSTRIA CONFEZIONI SRL., an Italian company with registered office at Via Pietro Nenni nr. 7- 80022 Arzano, Napoli (IT), registered with Napoli Reg. Imp. 05513120633 Rea 445990; VAT number and tax code 05513120633 , the value of the paid up share capital , as shown by the latest budget of EURO 46.800,00 I.V.

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details, that you provide us with, shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.

4. USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake:
1. To use the website exclusively to make legitimate enquiries or orders.

2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.

3. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).
If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable
of entering into binding contracts.

5. HOW THE CONTRACT IS FORMED

To place an order, you must follow the online purchasing procedure and click on "Authorise payment".
After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). You will be informed via email once the order is being sent (the "Shipping Confirmation").

6. AVAILABILITY OF ITEMS

All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.

7. REFUSAL OF ORDER

We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

8. DELIVERY

Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to fulfill your order for item(s) listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 15 days of the date of the Order Confirmation.

However, delays may occur for one or more of the following reasons:

- product customization;

- specialized articles;

- unforeseen circumstances;

- emergency or extraordinary cases;

- delivery area.

If our supply of the items is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received. 

9. UNABLE TO DELIVER

We remind you that the courier delivery from Monday to Friday during office hours and will try to deliver the package for 3 consecutive working days, leaving each time a notification on which you'll find the number to contact him. You can not make appointments for the delivery of the item you have purchased. If the courier could not deliver you the order, the products will be shipped back to the warehouse Barba Napoli, with shipping new complaint for the further delivery: Please refer to the Terms of Sale for details.

10. RISK AND TITLE

The Items will be at your risk from the time of delivery. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.

11. PRICE AND PAYMENT

The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund.

We are under no obligation to provide the item(s) to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakable and could not have reasonably been recognized by you as an incorrect price.

The prices on the website include VAT and all other charges relative to delivery within EU territory. Delivery costs will be added to the total amount due as set out in our Shipping Guide. Furthermore, all the products present on the website are net of any potential custom duties, which are solely the customer's responsibility. 

Prices are liable to change at any time.

Once you have finished shopping all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps
of the purchase process, completing or verifying the information requested in each step. 

1. Click on the basket button.

2. Click on "Proceed with the order".

3. Fill in or confirm your contact information, order details, the address to which you want to be sent the order and the address to forward the invoice.

4. Choose your favorite method of payments.

5. Click on "Buy now" button.

6. Enter your card details and authorize payment.

METHODS OF PAYMENT
The following forms of payment are accepted by BARBANAPOLI.COM:

CREDIT CARD
Upon purchase, customers enter the details of credit card in a secure electronic banking system, provided by Banca Sella. Itâ??s possible to make purchases using Visa, Mastercard, American Express, and JCB.
Please visit www.bancasella.it for more information.

SECURITY OF CREDIT CARD

All transactions are processed through a secure server, ensuring customers to BARBANAPOLI.COM maximum data protection.
The Customer Service operators BARBANAPOLI.COM are in no way authorized to request or to accept credit card numbers and / or extremes of validity thereof.
In order to ensure greater protection on purchases made in e-commerce, BARBANAPOLI.COM recommends its customers to subscribe to the services Verified By Visa or Mastercard Securecode, requiring a PIN security code to be able to make their purchases in complete safety.
For more information please visit: visaitalia or mastercard.

CHARGES ON CREDIT CARD
If there are sufficient funds to purchase and bank details provided are valid, the transaction will be processed instantly.
The credit card used will be charged at the time of purchase even in case of pre-order although the dispatch of such articles to happen later in the season.

BANK TRANSFER
By choosing the method of payment Bank Transfer the customer automatically sends an order request to barbanapoli.com. This order request is confirmed by an e-mail sent from barbanapoli.com customer service, containing our bank details, following which the merchandise is set aside pending the arrival of the transfer to our account. The customer is required to send a copy of payment by e-mail at customer@barbanapoli.it within 48 hours of receipt of the order confirmation.

If within that period barbanapoli.com not receive the proof of payment, will cancel the order.

We will ship the order when the transfer reaches our bank account and as soon as the goods will be available in our warehouse.

CASH ON DELIVERY
The cash on delivery mode will allow the customer to pay directly upon delivery. We suggest you to check that the address of delivery is correct and that you have all the elements to identify the delivery address (name on the intercom, the scale number or extension), the mark has an additional cost of 6 €. We do not accept checks of any kind, only cash.

NEW CUSTOMERS

We wish to remind to our new customers that BARBANAPOLI.COM may require the Bank to verify the transaction, even contacting the counterparty bank. This check may cause some delay in the shipment of the order.

12. VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases with delivery within EU territory done through the web site are subject to the Value Added Tax (VAT).

In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.

Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the "reverse charge" (article 194 of Directive 2006/112) may apply to items supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure. 

13. ORDER STATUS
You can easily check your order status following the instructions that you will receive with the confirmation mail. 

14. RETURNS POLICY

0. LEGAL RIGHT TO CANCEL

If you are contracting as a consumer, you have the right to cancel the Contract, without giving any reason (except for Contracts for those items mentioned in clause 15.3 below, for which the right to cancel is excluded), at any time by sending the delivery confirmation (recess), or within 14 days from the date the order was delivered (rendered).

In this case, you receive a refund equal to the amount paid for such products, excluding incidental expenses.

To exercise this cancellation right, you must notify us of your decision to cancel the Contract by making a clear statement to us that you wish to cancel the Contract. You may notify us sending us an email to customer@barbanapoli.it before delivery confirmation (recess), or return products within 14 days of delivery (rendered).

1. CONTRACTUAL RIGHT TO CANCEL

You shall not have the right to cancel the Contract when it is for the delivery of any of the following items:
1. Personalized items.
2. Items that are unsealed/unwrapped after you have received them
3. Sealed items that are not suitable for return for health protection and hygiene reasons, and that have
been unsealed after delivery.
4. Underwear.
5. Items not having the security and authenticity thread and the tag with the identification customized code, present on the items to be returned is cut or broken.

Upon delivery, you may handle the items to establish their nature, characteristics and functioning.
Acceptable handling of the items is that which would reasonably be allowed in a shop. If your handling goes beyond what is acceptable and the items are damaged or diminished in value, we may deduct from
the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the items.
Please return the items using or including all their original packaging, instructions, and other documents, if any, accompanying the items.

Items can be exchanged only when a different size of the same Item Code if it is available. New item will not be eligible for return through the same return procedure.    

2. THE RETURN PROCEDURE

A) - To request permission to return, the customer must send a request within 14 days of receipt of merchandise and only on the condition that the items are intact and unused. In the e-mail part numbers must be specified to be returned. Upon receipt of the request made, the customer of Barba Napoli service will send the customer a written confirmation with the specifications to follow.

B) - Free return shipping for orders placed within Italy. For orders coming from a EU country, shipping costs of the return shall be debited to the customer. For orders coming from a non-EU country, shipping costs of the return and custom duties shall be debited to the customer (Delivery Duty Paid).

Send the package to Barba Napoli dispatch office. Shipping is at the risk of the Customer: Barba Napoli  not responsible for any loss or damage due to inadequate packaging or delay in delivery. The items should be returned in the same package in which they are received or in the same way and typology.

All garments are made from the staff inspected the Barba Napoli  who will verify compliance with the conditions and parameters listed in the return process. Barba Napoli  reserves the right to assess additional charges that may be eventually needed to ensure the relisting of the returned items. These amounts will be determined after the evaluation of the condition of returned and reported to the customer.

In any case, please refer to page ORDERS AND RETURNS.

3. RETURNS OF DEFECTIVE ITEMS

In addition to your statutory rights in relation to defective items, We offer the following contractual right in respect of defective items.
In circumstances where you consider that the item does not conform with the Contract at the time of delivery, you should promptly contact us emailing customer@barbanapoli.it with details of the item and its damage. After that, we remind you the procedure to be followed.

We will fully examine the returned item and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible.
 
Items returned by you because of a defect, where one exists, will be refunded in full.
We will always refund any money received from you to the credit card originally used by you to pay for your purchase. 

This clause does not affect your statutory rights.

15. LIABILITY AND DISCLAIMERS

Except where expressly provided otherwise in accordance with these Conditions, our liability regarding any goods purchased on our website will be limited exclusively to the purchase price of the product in question.
Without prejudice to the provisions in the preceding paragraph and to the extent permitted by applicable law, and except as in these Conditions be contrary provision, we will not accept any liability for indirect damage, such as:

1. loss of income or sales;
2. loss of turnover;
3. loss of profit or loss of contracts;
4. loss of anticipated savings;
5. loss of data; as well as
6. loss of management time or office hours.

Because of the open nature of this website and the possible occurrence of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, except as is expressly stated to the contrary in the website.

All product descriptions, information and materials appearing on the website are provided "as is" without express or implied warranties.

To the extent permitted by law, we exclude all guarantees, except those that can not lawfully be excluded in respect of consumers and users.

The provisions of this Article does not affect your rights recognized by law as a consumer and user, nor your right to withdraw from the Contract.

16. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in allmaterial or content supplied as part of the website shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

17. VIRUSES, HACKERING AND OTHER CYBERCRIMES

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.

18. LINKS FROM OUR WEBSITE

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

19. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

20. NOTICES

All notices given by you to us should be given to us via the contact form on our website, or by email to customer@barbanapoli.it. Subject to and as otherwise specified in Clause 20 we may give notice to you at either the e-mail or postal address you provide to us when placing an order. 

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

21. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

22. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.

An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

23. WAIVER

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

24. SEVERABILITY

If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

25. OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

26. LAW AND JURISDICTION

The use of our website and the Contracts for the purchase of items through such website will be governed by Italian law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Napoli Nord courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such. 

27. FEEDBACK

We welcome your comments and feedback. Please send all feedback and comments to us via our contact form on our website, or at the e-mail address customer@barbanapoli.it.