1.1 These terms and conditions of sale govern the sale of goods and services sold by Barracuda Srl, (referred to herein as Seller) to consumers (referred to herein as Customer) until the Seller provides the Customer with new terms and conditions. The Seller reserves the right to change terms and conditions of sale at any time, the current version is published at www.barracudamoto. com.
1.2 These General Conditions of Sale are made up of all the clauses that make them up. If one or more provisions of these General Conditions of Sale is considered invalid or declared such in accordance with the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and efficacy.
2. OFFERS, QUOTATIONS OF PRICES
2.1 All the descriptions published on www.barracudamoto.com are indicative. The Seller is not responsible in any way for a completeness and accuracy of the provided information and descriptions.
2.2 The Seller tries to avoid mid-year price changes but reserves the right to adjust prices at any time, for any reason or cause, without prior notice.
2.3 The prevailing price is the one published on the online shop at the time of orders confirmation, the indicated prices are exclusively in Euro currency (€). The prices visible on the website www.barracudamoto.com include VAT, any recycling costs and taxes on copyright. All prices are "Ex-Works" prices.
2.4 Shipping costs depend on products and delivery method chosen by the customer among those offered. For extra EU deliveries, the Customer agrees to pay, if necessary, all the taxes that may be required by the country of delivery, including value added tax, any customs duties and other contributions that may be applied to products.
2.5 The overall total indicated in the order confirmation by the Seller represents the total price that must be paid by the Customer.
3. PAYMENTS CONDITIONS
3.1 Unless otherwise agreed in writing between the Seller and the Customer, the payment methods provided will be the following:
- Cash on delivery available for shipments within the Italian territory only;
- Credit card Visa/Mastercard, safe payments by credit card will automatically be charged within 24 hours whether the product is shipped or not;
- Paypal: payments are made directly on the PayPal site through encrypted pages thanks to the TLS (Transport Layer Security) protocol. For payments made with Paypal;
3.2 The Seller reserves the right to change the payment conditions at any time, for any cause or reason, with prior notice.
3.3 If the customer does not fulfill his payment obligations in full or in part, all amounts due become payable and all shipments are immediately blocked. In this case Barracuda reserves the right to withdraw from the contract and to set a payment term of 8 days net to the customer. From the second request, Barracuda is authorized to charge a reminder fee of € 20.00 and interest for late payment of 7% as well as all other costs caused. If the customer does not fulfill his payment obligations even on the second request, Barracuda is authorized to terminate the contract with immediate effect and without prior notification.
3.4 All products that have not been paid in full remain totally the property of the Seller: in this case, any advance payments will be used for expenses and for lost profits. In the event of non-payment, the Seller is always entitled to recover the products from the Customer. In this eventuality, the Seller will declare in advance and by registered letter that the Buyer is insolvent and will grant a term of seven days.
4.1 Orders must be placed by the Customers exclusively through the website www.barracudamoto.com, after creating an account, registering on the site, reading the conditions of sale and accessing; except in cases where the Seller has explicitly and in writing agreed special agreements with the customer.
4.2 The customer has the right to access the site for consultation and to place orders. No other use, in particular commercial, of the site or its content is permitted. The Site, as well as the software, databases, texts, information, images, photographs, graphics, logos, sounds or other data contained on the Site remain the exclusive property of Barracuda Srl.
4.3 The Sales Contract will be considered concluded, becoming binding for the parties, when the Order Confirmation of the Seller reaches the purchaser (via e-mail, fax, mail). The Order Confirmation sent defines and reports all the final and binding conditions and contents of the Contract. The Order Confirmation and these general contract conditions will prevail in any case over any general or particular purchase conditions prepared by the purchaser.
4.4 Any changes to the confirmed order, required by the customer, are subject to approval by the Seller and must be received promptly in order to allow the relative changes to be implemented. In this case the Seller reserves the right to delay delivery times.
4.5 The availability of the products refers to the actual availability at the time when the Customer carries out the order. This availability must however be considered purely indicative as:
- the products could be sold to other customers before confirming the order, due to the simultaneous presence on the site of multiple users;
- an IT anomaly could occur which would make a product available for purchase which is not actually available. Even after sending the order confirmation e-mail sent by the Seller, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the product or products not available and the Customer will be informed by e-mail; with this e-mail the Customer will also be informed of the methods and timing of reimbursement of any sums paid.
4.6 The Seller is at any time authorized to cancel or to not perform a confirmed order, for any reason or cause.
4.7 The Seller reserves the right not to accept the Proposal if: a) the Proposer is, or has been in defaulting, in any capacity, against Seller; b) the Proponent is registered in the list of protests or is subject to executive procedures; c) the Proponent is civilly incapable, or is not in possession of or loses the professional requisites required to exercise his activity; d) the Proponent is in liquidation, forced or voluntary or submits or is subject to insolvency procedures; e) the Proposer is in conditions that endanger the regular payment of the goods covered by the Contract, on the basis of analyzes carried out for the purpose of preventing and controlling the risk of insolvency, fraud control and credit protection. In any case, the Seller reserves the right to make acceptance of the Proposal subject to any specific payment method and / or to the issue of a suitable guarantee.
5.1 For all shipments, regardless of destination, the economic breakdown of expenses and the place where the transfer of ownership of the goods takes place will follow the Ex-Works (EXW) rules according to international commercial terms (see Incoterms).
5.2 The Customer declares himself available to also receive partial shipments.
5.3 All shipping and delivery dates proposed by the Seller represent only an estimate and are in no case binding. In this event, the Customer will not be able to oppose any exception or claim any right to any compensation or price reduction depending on the delay or failure to execute the order.
5.4 If at the time of the order the product is present in the Seller's warehouse and is not shipped within 30 days from the established term, the Buyer has the right to withdraw from the contract. In the event that the ordered product is not present in the warehouse, the customer's right of withdrawal can be exercised after 90 days.
5.5 If it is impossible, for any reason or cause, to supply the product in whole or in part on schedule, the Seller will promptly notify the buyer in writing, including by e-mail, also indicating the presumed delivery date.
5.6 The return of the order due to the incorrect indication of the delivery address by the customer, may be subject to a commission charged to the customer.
6.1 The Buyer can exercise his warranty rights by contacting the Seller directly, preferably to the dedicated email firstname.lastname@example.org.
6.2 All damages or defects caused by external effects such as electric shocks, lightning, natural disasters, wear and tear, corrosion , intervention on the product of third parties or of the customer itself, non-observance of operating instructions indicated by the manufacturer are excluded from the warranty , incorrect use or incorrect installation. Some of the products offered have a purely specific use, the Seller will not be liable for the Guarantee in the event of non-compliant use or incorrect installation. Software repairs are excluded from any warranty claims.
6.3 If, from the technical appraisal of the product, it should be deduced that the damage was produced by one of the aforementioned external effects (6.2) or other objective reasons, it will not be possible to recognize the warranty and therefore replace the product. The Customer undertakes to take back the unrepaired product and to pay the shipping or disposal costs. In no case can the Customer have the product repaired by another company at Barracuda's expense.
6.4 If the product could no longer be replaced, the Seller reserves the right to deliver a similar product to the customer in replacement of the one previously purchased or to credit it in the form of a voucher for the same value as the defected product in compensation of warranty claims. Through the repair or replacement of a product, the duration of the warranty is neither interrupted nor extended.
6.5 The warranty of Barracuda products has a duration of 24 months from the date of purchase of the Customer. The warranty right will be recognized only by showing the relevant proof of purchase: invoice or purchase receipt.
6.6 No supplier or third party has the authority to provide different guarantees or declarations in relation to Barracuda Srl's products. Consequently, the Seller will not be held responsible for such guarantees or possible declarations.
7. RETURN POLICY
7.1 In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase, without specifying the reason, within the term of 14 days from the date of receipt (by the Purchaser or his authorized representative) of products purchased on the Site.
7.2 Conditions: the products can be checked but must not be used, washed or damaged; therefore, they must be kept with normal diligence and returned intact, perfectly suitable for the use they are intended for and without any sign of wear or dirt, complete in all their parts, accompanied by all accessories and leaflets, with tags identifiers, labels and disposable seals, where present, still attached to the products and intact and not tampered with. In compliance with the provisions of art. 59.1; e) of the Consumer Code, the right of withdrawal is not exercisable in relation to the Products whose packaging has a seal that has been opened after delivery.
7.3 If the right of withdrawal is exercised respecting the mentioned conditions (7.2), the Seller - once received the products and carried out with a positive outcome, - will refund the sums already collected for the purchase of the products.
7.4 The Customer has the right to request the return in the following ways:
- use the return form available on the website www.barracudamoto.com, to be filled in and sent directly online (in this case the Seller will send to the Customer confirmation on the e-mail provided by the same of the receipt of the withdrawal request);
- draw up and send to the Seller another explicit declaration of the decision to withdraw from the contract, complete with the following data: name, surname, date and number of the order, date of receipt; preferably to the dedicated email email@example.com.
7.5 The Customer is responsible for:
- any decreases in the value of the products resulting from handling them other than that necessary to establish their nature, characteristics and functioning.
- for the loss or damage of products returned during transport.
7.6 In case of exercise of the right of withdrawal, the Seller undertakes to return the amount paid by the Customer. These refunds are made using the same payment method used by the Customer for the initial transaction, unless the Customer expressly indicates an alternative method by making an explicit declaration. Return costs and the means to be used will be borne by and at the Customer's responsibility.
7.8 The Seller reserves the right to suspend reimbursement of the amount paid by the Customer until the date of receipt of the goods.
8. RETENTION OF TITLE
8.1 The products that have been sent to the customer remain the property of Barracuda until the Customer has fully paid the price. Up to that point, the products must be kept by the customer so that they can be sold again. Barracuda reserves the right to proceed with the registration or annotation of the retention of title in the appropriate public registers.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
10.1 The Seller declines all responsibility for any damage or loss and , also to third parties, of any entity, direct/indirect, such as: accidents, injuries, minor or serious injuries or deaths and anything else due to application, use, assembly of all the articles and services offered and marketed in the online and offline catalog.
11. FORCE MAJEURE
The Seller is not responsible for the non-contractual performance due to force majeure. The fulfillment of the contract is deferred until the termination of force majeure. If the force majeure would last for over 30 days, either party may terminate the agreement without being claimed any damages from both sides.
12. APPLICABLE LAW AND JURISDICTION
12.1 All legal transactions between Barracuda and the Customer are subject to Italian law.
12.2 These General Conditions of Sale will be governed, interpreted and made and valid under Italian law; with the exclusion of the Vienna Convention on International Sale and Purchase Agreements of 11 April 1980. The only exclusively competent court to settle any dispute is the court of Florence, without prejudice to the divergent imperative provisions on the legal forum provided for by federal law. Barracuda, however, reserves the right to sue the buyer before any other competent Court.