TERMS OF SALE

1. SUBJECT

1.1. These General Conditions of Online Sale (hereinafter “GCS”) govern the contract for the purchase of products offered by Darwinpet SRLS – with registered office in Via Catalini 93, 00049 Velletri (RM) VAT number 14297961006 (hereinafter “Darwinpet”) – via its website www.barnies.it (hereinafter “SITE”) to users of the SITE (hereinafter “CUSTOMER” or “CUSTOMERS”).
1.2. On the SITE, in the “Customer Service” section, important information is provided, useful for the CUSTOMER to make an informed and aware purchase.
1.3. In these GTC, the term CUSTOMER or CUSTOMERS means the “consumer” or “consumers” as per article 3, paragraph 1, letter a), of Legislative Decree no. 206 of 6 September 2005 (hereinafter “CODE”), i.e. the natural person who acts for purposes other than any entrepreneurial or professional activity carried out.

2. EFFECTIVENESS AND MODIFICATION OF THE GTC

2.1. The GTC are available on the SITE to be easily read by the CUSTOMER before registration and before purchasing the PRODUCTS; they are considered accepted together with the registration and forwarding of the purchase order form, and can be stored on the CUSTOMER's computer and reproduced on paper by printing the file in which they are contained.
2.2. The GTC applicable to the sale of the PRODUCTS are those published on the SITE, on the date of the order relating to the PRODUCTS. The CUSTOMER, therefore, must read the GTC, each time he intends to proceed with a purchase on the SITE.
2.3. The mere tolerance or failure to contest by Darwinpet of any breaches by the CUSTOMER with respect to the contents of the GTC cannot be interpreted as tacit acceptance of such breaches, nor as a desire to derogate from what was agreed between the parties.

3. REGISTRATION AND PURCHASE PROCEDURE

3.1. The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this desire by registering his/her data and making a request directly on the SITE where, following the purchase procedure indicated therein, he/she will forward, electronically, his/her electronic purchase order (hereinafter “ORDER”) and the relative payment, except as specifically regulated in article 7.4.
3.2. The order form contains a reference to the GTC and a summary of the information on the essential characteristics of each product ordered and the relative price (including all applicable taxes and duties), the chosen payment method, the delivery methods of the purchased products, shipping and delivery costs: before sending the ORDER, the CUSTOMER must carefully read the entire content, identify and correct any errors in data entry.
3.3. The CUSTOMER may access his order form by consulting the “MY ORDERS” section within “MY ACCOUNT” and in the event that he wishes to proceed with the cancellation of the ORDER or the modification of the ORDER by increasing, decreasing the quantities of the PRODUCTS previously ordered, or simply by modifying, inserting new items in addition to or in substitution of the same PRODUCTS, he must necessarily send an e-mail to info@barni.shop provided that the relative shipment has not already been confirmed by Darwinpet with a shipment confirmation e-mail (hereinafter “SHIPPING CONFIRMATION”) referred to in the following article 3.5.
3.4. Once the ORDER has been received, Darwinpet will send the CUSTOMER an order confirmation email (hereinafter “ORDER CONFIRMATION”), containing a summary of the content of the information relating to the sale, and will proceed to process the ORDER, without prejudice to the provisions of the following article 3.6.
3.5. All purchase orders for PRODUCTS are subject to their availability and, therefore, to confirmation by Darwinpet, which will communicate such availability by sending an email to the CUSTOMER to CONFIRM SHIPMENT.
3.6. In the event of failure to execute the ORDER, due to unavailability of one of the PRODUCTS ordered, Darwinpet will inform the CUSTOMER via email and will ask for confirmation of the CUSTOMER's ORDER, for the purchase of the remaining available PRODUCTS. In any case, the unavailability of one or more of the PRODUCTS ordered will not automatically give the CUSTOMER the right to cancel the entire ORDER.
3.7. The CONTRACT between the CUSTOMER and Darwinpet is governed by the ORDER, the SHIPMENT CONFIRMATION as well as the GTC and the Privacy Policy (hereinafter “PRIVACY”) both published on the SITE.

4. RIGHTS AND OBLIGATIONS OF DARWINPET

4.1. Darwinpet undertakes to deliver the PRODUCTS to the address and within the terms indicated by the CUSTOMER in the ORDER. Darwinpet will not be responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the ORDER or for unavailability of the CUSTOMER. Delivery cannot be made to PO boxes.
4.2. In the event of total or partial return of the PRODUCTS pursuant to the right of withdrawal or the guarantee required by law, Darwinpet, in accordance with the provisions of the following articles 9 and 10, will only provide for the refund of the sums due, with no exchanges or substitutions being foreseen.

5. CUSTOMER RIGHTS AND OBLIGATIONS

5.1. The CUSTOMER is solely responsible for the truthfulness of the data and the correctness of the information provided to Darwinpet during registration via the SITE and undertakes to promptly communicate any changes to the data entered.
5.2. The CUSTOMER, during registration and sending of the ORDER, declares to have read, understood and accepted the GTC and the additional information contained on the SITE, in particular in the "Customer Service" section, including PRIVACY; to be an adult, in possession of the legal capacity to act.
5.3. The CUSTOMER undertakes, once the purchase procedure on the SITE has been completed, to both save an electronic copy and print the ORDER and the GTC for their conservation purposes, as indicated in the previous article 2.1.

6. USE OF THE SITE

6.1. The essential characteristics of the PRODUCTS are presented on the SITE within each product sheet. The images and colours of the products offered for sale on the SITE may not correspond perfectly to the real ones, since computer screens vary. Therefore, Darwinpet cannot guarantee that the colour displayed on the CUSTOMER's monitor corresponds perfectly to the real colour of the PRODUCTS.
6.2. Darwinpet assumes no responsibility for problems caused to the CUSTOMER by the use of the SITE and the technologies used as they do not depend on its own will, such as, by way of example: a) errors, delays or impossibility in accessing the SITE by the CUSTOMER during the execution of the sales procedure; b) errors, delays or impossibility in receiving, by the CUSTOMER, communications made by Darwinpet in relation to the sale of the PRODUCTS.
6.3. In any case, Darwinpet through its Customer Service, undertakes, to the extent possible, to resolve any problems that may arise and to offer the CUSTOMER the necessary assistance to obtain a rapid and satisfactory solution to the aforementioned problems.

7. PRICES AND PAYMENTS

7.1. The prices of the PRODUCTS are those actually displayed on the SITE at the time the ORDER is issued and, unless otherwise specified, are inclusive of VAT. The shipping and delivery costs for each of the PRODUCTS must be added to the prices shown on the SITE, which will be duly highlighted and summarised before the ORDER is issued and subsequently also in the ORDER CONFIRMATION.

7.2. The total price for the purchase of the PRODUCTS and the shipping and delivery costs, as indicated in the ORDER, will be charged to the CUSTOMER only at the time of conclusion of the order, following the sending of the SHIPMENT CONFIRMATION.

7.3. Payment can be made via:

Credit card;

Bank transfer: DARWINPET SRLS

IBAN: IT98C0306939490100000004432

Paypal; darwinpet@pec.it

PostePay top-up: Card number: 5333 1710 2483 3432

Header: STEFANO TOCCHI

Tax Code: TCCSFN78H07E958R

7.4. With payment by credit card or Pay Pal, the CUSTOMER undertakes, upon request by Darwinpet, to send a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested sending, Darwinpet may refuse the payment and cancel the order.

8. DELIVERY OF PRODUCTS TO THE CUSTOMER

8.1. Upon delivery of the PRODUCTS to the CUSTOMER by the courier responsible for their transport, the CUSTOMER must check: a) that the quantity and type of PRODUCTS ordered correspond to what is indicated in the transport document; b) that the packaging used for transport is intact, not damaged, wet or in any way altered, even just in the sealing materials. 8.2. Any anomalies must be contested immediately to the courier upon receipt of the PRODUCTS, by indicating them on the delivery note. In order to facilitate and speed up the procedure for checking for any anomalies by Darwinpet, the CUSTOMER may write an e-mail to info@barnies.it. 8.3. In the case of payment on delivery, in cash, as per the previous article 7.3., at the time of delivery the CUSTOMER must already have available, in Euros, the exact amount of the ORDER, including shipping costs and the additional cost foreseen for the chosen delivery method, as also summarized in the ORDER CONFIRMATION. The courier will not accept cheques, nor will it be able to give change. In the event of a refund, it will still be necessary for the CUSTOMER to have a bank or postal current account.

9. COMMUNICATIONS

For any assistance or complaint regarding the PRODUCTS purchased, the CUSTOMER may contact Darwinpet at the following address info@barnies.it

10. APPLICABLE LAW AND JURISDICTION

10.1. The GTC are governed by Italian law and in particular by the CODE and by Legislative Decree 9 April 2003 n. 70 relating to some peculiarities of electronic commerce.

10.2. For any dispute that may arise regarding the validity, interpretation, execution, resolution of these GTC and/or individual purchase orders, the Court of Latina (Italy) will have exclusive jurisdiction and without competing jurisdictions, with express and total mutual waiver of any other jurisdiction.

Returns and Refunds

RETURNS

Our return policy is focused on customer satisfaction, so if the customer is not satisfied with their purchase, they will have 30 days from the date of receipt of the goods to obtain a return or refund.
All returned products must be accompanied by a receipt of purchase, be intact, with tags and in the original packaging. If the return does not meet the conditions listed, the package will be returned to the sender.

Gift Cards cannot be returned.

From the moment the return is received, an email will be sent confirming its acceptance by crediting the amount due via the agreed payment method, or denying it by motivating the decision.

Shipping
You can send your return to: Darwinpet SRLS Via Napoli, 148, 00040 Lariano RM, Italy

Shipping costs are the responsibility of the Customer and are not refundable in any way.

REFUNDS

The refund is made upon receipt of the returned goods, using the same payment method that was chosen at the time of purchase. Therefore, it will be necessary to always keep the same instrument with which the item was paid active until the entire amount spent has been credited. If this is not possible, an alternative method must be communicated in good time, already at the start of the return procedure.

Pursuant to articles 1341 and 1342 of the Civil Code, as well as 33 and following of the Consumer Code, you expressly declare that you have read, understood and expressly accepted the following articles of these General Conditions of Sale:

3. Registration and purchasing procedure

4 - Rights and obligations of Darwinpet

5 - Customer rights and obligations

6 - Use of the site

7 - Prices and payments

8 - Delivery of products to the customer

9 - Communications

10 - Applicable law and jurisdiction