1. General provisions

1.1 These general conditions of sale (“ General Conditions ”) apply to your purchases of products from Baratti Antiquario srl (“ Products ”) on the giorgiobarattishop.com website (“ Website ), a domain owned by Baratti Antiquario Srl, company under Italian law with share capital of Euro 10,000.00, registered with the Milan Chamber of Commerce with registration number, tax code and VAT number 10653680966, and with registered office in Via Bigli 11, 20121 Milan, Italy.

1.2 The sale of the Products pursuant to these General Conditions is permitted exclusively to consumers, i.e. those natural persons who purchase for the purposes of personal consumption (or who act for purposes unrelated to their commercial, entrepreneurial, artisanal or professional activity and not for profit), over 18 years of age and in possession of the legal capacity to enter into a Contract in your country.

1.3 Before placing an order for Products you will be asked to accept these General Conditions and the Conditions of Use of the Website (“ TOU ”). We therefore recommend that you read these documents carefully, especially these General Conditions, before proceeding with purchases, and save or print them for future reference. Failure to accept these General Conditions, the TOS and our Privacy Policy will make it impossible to order the Products from the Website.

1.4 We reserve the right to modify or update these General Conditions, in whole or in part, without notice. We will post the most current version of the Terms and Conditions on this Website and will indicate the “Last Updated” date to reflect the date of the changes as the effective date of such changes. Any modification of these General Conditions will apply only to orders placed on or after the effective date.

1.5 These Terms and Conditions should be read in conjunction with our Privacy Policy, which explains how we use your personal data, and our Cookie Policy.

    2. Product information and availability

    2.1 Information on the Products (with the relevant Product codes) and the relevant prices are available on the Website.

    2.2 The Products available on the Website are generally a selection of items normally available in shops. However, some Products may be available exclusively on the Website, while other Products may not be available for online sale. It may also happen that some Products cannot be shipped to your country.

    2.3 The images of the Products published on the Website may differ from the actual ones. In particular, the colors, tone, grain and texture of the Products shown on your screen may vary from the actual ones. Consequently, it is necessary to rely exclusively on the description of the Products and their characteristics, as indicated on the Website.

    2.4 We reserve the right, in our sole discretion, to limit the quantities and/or types of Products available on the Website for each person, household or order. These restrictions may include orders placed by or under the same account, paid for by the same credit/debit card, and/or orders that use the same billing and/or shipping address. The purchase of more than five (5) identical Products in the same order is not permitted. The maximum number of items per order is twenty (20).

    2.5 We may change or cease production of a Product or some of its features, as described on the Website, at any time and without notice (this does not affect orders already placed at the time of the change).

    2.6 If your connection to the Website is interrupted, your selection of Products may be lost. In this case you will be asked to enter the selected Products again. Please note that the Products in your cart are not reserved and can be purchased by other customers.

      3. Prices

      3.1 The prices of the Products are indicated on the Website in Euros and include VAT and all applicable sales taxes and duties. Prices do not include shipping costs, which, if due, will be added to the price of the Products and will be indicated to you during the purchase process, before confirming the order.

      3.2 We use reasonable endeavors to ensure that all prices for Products shown on the Website are correct. However, errors may occur and the price of the Product may be incorrect (incorrect price or typographical error in the indicated price).

      3.3 We reserve the right to change the prices of the Products at any time and without notice, however such changes will not apply to Products for which you have already received Order Acceptance.

        4. Stipulation of the Contract – Submission of the order

        4.1 The information on the Products and their prices indicated on the Website constitutes an invitation to offer and does not represent an offer on our part or a unilateral contract.

        4.2 To purchase Products on the Website, you must follow the instructions provided by the online purchase procedure: (i) insert the selected Products (without prejudice to the restrictions established in Section 2.4.) in the cart, (ii) complete the order with the personal information (name, address, email, telephone, delivery/billing address), (iii) select the payment method, (iv) accept these General Conditions, (v) accept the TOS and (vi) transmit the order via the Website. If you create a personal profile on the Website, you will be responsible for keeping your password confidential and limiting access to it, and you accept responsibility for all activities and purchases made via his profile. In the event that you become aware of the misappropriation or unauthorized use of your password, you must immediately inform Baratti Antiquario Srl so that it can take all appropriate initiatives.

        4.3 Before placing your order you will be given the opportunity to check the items you have chosen, check the total price and correct any errors.

        4.4 Your order constitutes a binding offer to purchase the selected Products, pursuant to these General Conditions, without prejudice to the right of withdrawal, pursuant to Article 8 of this document. By placing your order, you agree to pay the price of the Products ordered.

        4.5 All orders submitted are subject to acceptance by Baratti Antiquario Srl. Once the order has been sent, giorgiobarattishop.com will send you a confirmation email (“ Order Confirmation ”). However, the Order Confirmation does not mean that your order has been accepted. giorgiobarattishop.com may in fact decide not to accept your order for any legitimate reason, totally or partially, without any liability towards you. Below are some examples of non-acceptance of your orders:
        - the Products are not available; or
        - you do not meet the eligibility conditions set out in Section 1.3.; or
        - you have ordered an excessive number of Products (see Section 2.4.); or
        - giorgiobarattishop.com is unable to obtain authorization for your payment; or
        - the price indicated is incorrect; or
        - for fraudulent, illegal or unauthorized, reported or suspected activities, including - suspicious purchases for commercial purposes; or
        - the delivery address you provided is not a valid address; or
        - has not fulfilled its obligations relating to a previous contract stipulated with giorgiobarattishop.com.

        4.6 The Contract between giorgiobarattishop.com and you will be considered concluded only when you receive a notification email from Us confirming the shipment of your order (" Order Acceptance "). Order Acceptance (or Rejection) will be sent to the email address you provided in your order. Details of your accepted orders are available in the “My Account – My Order” section of the Website.

        4.7 If one or more Products are not available, giorgiobarattishop.com will contact you to inform you of the unavailability of the Products. You will only be charged for the price of the available Product(s).

        4.8 The Order Confirmation/Acceptance includes the order number, the basic information of the Products purchased, the indication of the price and the shipping address. giorgiobarattishop.com will not archive an accessible copy of each version of these General Conditions, but will send you an email containing the General Conditions applicable to each purchase together with the Order Acceptance, for your preservation.

        4.9 Once Acceptance of the order has been received, it will no longer be possible to cancel or modify the order, unless otherwise indicated in these General Conditions. The shipped Products can still be returned, as established in Article 8 below.

        4.10 We may from time to time invite you to pre-order selected Products on the Website before they are available for sale in stores or on the Website (“ Pre-order Products ”). The thirty (30) day delivery period set forth in Section 6.4 does not apply to pre-order Products. Upon confirmation of the order, giorgiobarattishop.com will inform you of the estimated delivery date of the pre-ordered Products.

          5. Payment

          5.1 You will pay the price of the Products (including VAT, sales tax or other applicable taxes), the cost of any additional services ordered by you (for example, the additional cost for customized Products), if applicable, and of the relevant shipping costs, if applicable. It is also possible to divide the payment into 2 tranches (security deposit and balance upon delivery). This possibility is displayed on the payment page.

          5.2 giorgiobarattishop.com accepts payments in the currency specified for the country of destination of the shipment which are made with the payment methods proposed to you on the Website before you confirm the order.

          5.3 giorgiobarattishop.com will not charge the amount due until:
          giorgiobarattishop.com will not have confirmed the availability of the Products;
          giorgiobarattishop.com will not have sent you the Order Acceptance;
          giorgiobarattishop.com will not have received authorization to withdraw from your card from the issuing company; And
          your credit/debit card will not have been verified.

          5.4 If for any reason your payment cannot be processed, your order will be canceled by giorgiobarattishop.com and the Contract will cease immediately, without any liability towards you. In this case you will receive written communication from giorgiobarattishop.com.

          5.5 You are responsible for any taxes or expenses applied by the card issuing company, bank or other payment institution following the processing, by giorgiobarattishop.com, of the payment with your credit/debit card.

          5.6 For each order giorgiobarattishop.com may issue upon request an electronic invoice relating to the Products purchased, and you consent to this form of invoicing. The electronic invoice is based on the information you provide when placing your order. Once the electronic invoice has been issued, it cannot be modified in any way.

          5.7 As a purchaser, you represent and warrant that you have lawfully obtained the funds used to make your purchase and that you are not involved in any transaction intended to conceal the identification, source or destination of the funds used to make your purchase . The sale of the Products is permitted exclusively to end consumers for personal consumption purposes. Therefore, you represent and warrant that you will not make your purchase in connection with any operation or transaction with legal or natural persons subject to sanctions by the UN, the United States of America or the European Union or who are located in countries included in blacklists.

            6. Shipping, delivery and collection

            6.1 The Products purchased may be shipped to Italy, Europe, Switzerland, Asia, Gulf countries.

            6.2 The purchased Products are shipped via a carrier selected by giorgiobarattishop.com (“Carrier”). The Products will be shipped to the address indicated by you in the order form giorgiobarattishop.com is not responsible for shipping problems that may occur as a result of an incomplete or incorrect address provided by you. Please note that giorgiobarattishop.com does not ship to post office boxes, courier addresses or hotels.

            6.3 The purchased Products will be shipped only after giorgiobarattishop.com has received the total amount of payment. In the event that giorgiobarattishop.com does not receive the entire payment, for any reason, giorgiobarattishop.com may delay or refuse the shipment of the Products, without any liability towards it.

            6.4 giorgiobarattishop.com will take every reasonable measure to deliver the purchased Products within the estimated shipping times that will be communicated to you during the purchase process before your order confirmation, except in the case of a force majeure event, an event beyond the reasonable control of giorgiobarattishop.com or unforeseeable circumstances. If delivery does not occur within one hundred (100) days of Acceptance of the order, you are authorized to withdraw from the Contract and giorgiobarattishop.com will be required to refund you, without unjustified delay, the amounts paid under the Contract.

            6.5 Upon delivery of the Products by the Carrier, you (or your designated representative) must:
            - check that the number of packages delivered corresponds to that indicated on the delivery note;
            - check that the packages and seals are intact, that they are not damaged, damp or otherwise altered;
            - verify that the Products shipped meet the characteristics of style, model, colour, size, etc. of the Products, as described in the Order Confirmation/Acceptance, which do not present obvious defects (including, for example, tears, scratches, etc.) and which are not incomplete;
            - sign the delivery note. Any damage to the packaging and/or the Products, discrepancies in the number of packages or documentation, the lack of conformity or the presence of obvious defects of the Products must be immediately communicated in writing on the Carrier's delivery note. To the maximum extent permitted by law in force, once the Carrier's delivery note has been signed, it will no longer be possible to lodge a complaint relating to the packages delivered, without prejudice to the fact that you are authorized to lodge a complaint relating to manufacturing defects in the Products, as established in the following Article 9. You can track the status of your shipment by clicking on the link included in the Order Acceptance.

            7. Risk and Ownership

            7.1 The risk of loss, damage and destruction of the Products passes to you when you (or the person indicated by you, other than the carrier) comes into possession of the Products at the delivery address provided by you.

            7.2 Ownership of the Products passes to you on the date the Products are delivered to your delivery address.

                8. Right of withdrawal / Returns

                8.1 You have the right to withdraw from the Contract within fourteen (14) days from the date on which you (or the person indicated by you) took possession of the Products or, in the case of multiple deliveries for the same order, from the date of last delivery.

                8.2 To exercise the right of withdrawal we invite you to follow the procedure described below. Alternatively, you can exercise the right of withdrawal from the Contract by sending to giorgiobarattishop.com, within the period indicated in the previous Section 8.1,
                a communication that includes the following information: (i) indication of the Products for which you wish to exercise the right of withdrawal; and (ii) the order number, to the following recipient's email address info@giorgiobarattishop.com

                8.3 You must send the purchased Products within fourteen (14) days from the date on which you communicated to giorgiobarattishop.com your decision to exercise the right of withdrawal, in accordance with the previous Section 8.3. according to the defined instructions.

                8.4 The Products must be returned in their original condition, unaltered, unused, without damage, in the original packaging, with the original labels attached and with the relevant accessories, gifts (if any) and documents (for example, instruction booklet, manufacturer's certificates). Product, etc.), if any, and in an undamaged box.

                8.5 If a returned Product does not satisfy the conditions for return, as defined in the previous Section 8.5, giorgiobarattishop.com will re-send such Product to the address indicated by you in the return form, or, if this address is not valid, to the address you communicated when you placed the order. The return will be made within thirty (30) days from the date on which giorgiobarattishop.com notified you of the refusal of the returned Products, unless an event of force majeure occurs, an event beyond the reasonable control of giorgiobarattishop.com or unpredictable circumstances.

                8.6 giorgiobarattishop.com will refund the amounts paid by you, excluding shipping costs which remain your responsibility, within fourteen (14) days from the date on which giorgiobarattishop.com received the Products or on which it demonstrated that it had returned them, depending on which of the two comes first.

                8.7 We do not accept returns from countries outside the European Union.

                8.8 giorgiobarattishop.com will make the refund using the same payment method used by you when the initial order was sent. If you paid for the Products ordered by cash on delivery, if available, we inform you that the refund cannot be made in cash, therefore the refund will be made exclusively by bank transfer. We also inform you that giorgiobarattishop.com may reduce the refund based on any devaluation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and functioning of the Products.

                8.9 The provisions of Sections 8.1 apply. to 8.9, unless otherwise stated in the Returns Policy.

                  9. Lack of conformity – Production defects

                  9.1 If you discover that a Product sold through the Website has manufacturing defects or does not correspond to the description (except for non-compliance with the Order Confirmation/Acceptance or obvious defects which should have been identified at the time of delivery, based on as established in Section 6.5., you must immediately contact our Customer Support service using the contact details on the Contact page on the Website to arrange the repair or replacement of the Product.

                  9.2 giorgiobarattishop.com is legally required to respect the guarantee for defects in conformity of the Products that giorgiobarattishop.com sold to it through the Website as provided for by the provisions of Article 129 et seq. of the Italian Consumer Code, in addition to the guarantee on hidden defects contained in Article 1490 et seq. of the Italian Civil Code.

                  9.3 In case of non-compliance, you will have two (2) years from the date of delivery of the Products to take action. You may request repair or replacement of the Product in accordance with the conditions set out in Article 130 of the Italian Consumer Code. You are not required to demonstrate the existence of a lack of conformity within twenty-four months following delivery of the Products.

                  9.4 giorgiobarattishop.com offers this guarantee in addition to the commercial guarantee, if applicable, and the guarantee for hidden defects referred to in Article 1490 et seq. of the Italian Civil Code. You can activate the guarantee for hidden defects within (2) two years of discovering such hidden defect.

                  9.5 Damage, alterations or modifications to the Product caused by you are not considered manufacturing defects or lack of conformity. By way of example, without limitation: damage caused by prolonged use or wear and tear over time; improper use (such as contact with direct exposure to heat, contact with harmful external agents); normal wear and tear and failure to follow the Product care instructions are not considered manufacturing defects or lack of conformity. Similarly, variations in the color of the stones, the presence of inclusions or variations in the final appearance are inherent to the Product and do not constitute manufacturing defects.

                    10. Responsibility

                    10.1 These General Conditions define the full extent of our obligations and responsibilities as well as the obligations and responsibilities of giorgiobarattishop.com in relation to the sale of the Products. Nothing in these General Conditions is intended to exclude or limit our liability or that of giorgiobarattishop.com for:
                    - personal injury or death resulting from our negligence or the negligence of giorgiobarattishop.com;
                    - fraud or fraudulent declarations;
                    - violation of the obligations established by the laws in force on consumer protection; or
                    - other legal actions that cannot be limited or excluded under applicable law.

                    10.2 In accordance with the foregoing, our overall liability and the overall liability of giorgiobarattishop.com, which will be limited exclusively to direct damages caused by a breach, which it may suffer in connection with any claim or other legal action arising out of or in connection with these Conditions general and to each Contract, may not in any way exceed the price of the Product or Products purchased by you on the Website pursuant to the Contract. We and giorgiobarattishop.com are not responsible for damages or losses that were reasonably foreseeable at the time you accepted these General Conditions. We and giorgiobarattishop.com have no liability towards you for indirect damages.

                    10.3 We and giorgiobarattishop.com are not responsible for any delay or failure to comply with any obligations under these General Conditions if the delay or failure is caused by an event of force majeure or is caused by a circumstance beyond reasonable control us or giorgiobarattishop.com, including, by way of example, the following: governmental action, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military acts or usurpation of power, confiscations, terrorist activities, national strikes, blockades, embargoes, interruption or failure of IT, technological, electrical or telecommunications services and failure to fulfill obligations towards us or towards giorgiobarattishop.com by third parties (such as example our suppliers and subcontractors or those of giorgiobarattishop.com).

                    10.4 If you do not meet the eligibility conditions set out in Article 1, we and giorgiobarattishop.com cannot be held liable to you for any damage or loss that may arise.

                      11. Guarantee of authenticity and intellectual property rights

                      11.1 We guarantee the authenticity of all Products purchased on our Website.

                      11.2 The giorgiobarattishop.com trademarks, figurative or otherwise, service marks, other trademarks, brand names, logos used on the Products, related accessories and/or packaging, whether registered or not, together with photographs, illustrations, Product images, trade names or trade names, domain names and URLs are and will remain the exclusive property of us or our licensors and are protected by copyright, trademark and intellectual property laws in force in world level. We reserve these rights.

                        12. Entire Agreement

                        12.1 These General Conditions and the relevant documents to which express reference is made constitute the entire agreement between us in relation to the sale of the Products, and supersede any previous agreement, understanding or provision, whether written or oral.

                        13. Applicable law and competent jurisdiction

                        13.1 These General Conditions and, consequently, the contracts stipulated with the Customers, are regulated and interpreted in accordance with Italian law (without reference to the provisions relating to regulatory conflicts).

                        13.2 Any disputes that may arise from or may be connected to these General Conditions and the Contracts must be submitted to the exclusive jurisdiction of the competent courts of your place of residence.

                        13.3 Alternatively, you can access the European Online Dispute Resolution Platform provided by the European Commission and available at http://ec.europa.eu/odr , for the out-of-court alternative resolution of disputes that cannot be resolved between you and giorgiobarattishop.com.

                          14. Contacts

                          14.1 For further information and assistance on the Website, you can contact us in one of the following ways:
                          - By sending a communication to Baratti Antiquario Srl, Via Bigli 11, 20121 Milan, Italy.
                          - By sending an email to info@giorgiobarattishop.com
                          - or via the Contact page of the Website.

                            15. Communications
                            15.1 Communications to be sent pursuant to these General Conditions or the Contracts must be in writing. We will contact you via email or provide you with information by posting notices on the Website.
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