Terms of service

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These terms and conditions govern the sales of products on the lucianobarbera.com website and regulate their use. The Seller reserves the right to periodically modify these Terms and Conditions of Sale and the Privacy Policy, for example following changes in legislation or regulations or in the functions of the Site. The aforementioned modifications will be made known to Users through the Site with a specific notice and for a period of 10 (ten) days from the date of the modification. The online sale of products on the Site is governed by the provisions of the Consumer Code Legislative Decree n.206/2005 and of the Electronic Commerce Code Legislative Decree no. 70/2003. The online store of the Site is hosted by Shopify Inc, which provides the online e-commerce platform that allows the Seller's products to be sold.

Below are the Terms and Conditions of Sale applicable to any Product sold on the Site.

Art. 1 Definitions

For the purposes of this contract, we mean by:

Vendor: Peplo S.r.l. —subject to coordination and control by Luciano Barbera srl— with registered office in Biella (BI) 13900, at via Al Cervo n.1, VAT number 02420910024 email: customercare@lucianobarbera.it

Terms and conditions or Contract: the set of these contractual clauses which determine and define the relationship between the Seller and the Customer.

Website: the lucianobarbera.com Website.

Users: any person who accesses the Site and continues browsing.

Customer: any person who purchases the products sold through the Site.

Consumer: the natural person who acts for purposes unrelated to a professional or business activity.

Products: sale under the Electronic Commerce regime, mainly of men's clothing and accessories.
Purchase order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Shopping Cart.

Purchase: the onerous purchase of the above products from the day of conclusion of the purchase.

Cart: the phase of the purchase procedure in which the User formulates his purchase proposal, selecting the payment methods, delivery of the goods and the like.
Electronic Commerce: particular method of commerce, governed in Italy by the Consumer Code and by the Decree of electronic commerce, whereby the two contracting parties conclude the remote contract thanks to the services of the information society without their physical and simultaneous presence. Given the distance, the delivery of the products is not contextual and usually takes place by shipment through third-party operators (couriers/shippers).

Art. 2 Subject

These Terms and Conditions of Sale concern the products referred to in the following art. 3 and are valid between the Seller and any User who, as a Consumer in accordance with current regulations, makes a purchase on the Site. If one of the conditions proves to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.

Art. 3 Product description

The Site deals with the retail sale, under the Electronic Commerce regime, mainly of men's clothing and accessories. All the products offered are described and illustrated on the Site, in the respective sections. The Customer acknowledges and accepts that the garments offered for sale are those currently included also on the basis of the collections and it is not guaranteed that they will be available in the warehouse or in a subsequent period after the seasonal collections. The images of the Products on the Site are for demonstrative and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the real Product. The photographs of the Products presented on the Site therefore do not constitute a contractual element, as they are merely and symbolically representative of the Product sold.
Given this particular method of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if significant.


Art. 4 Prices and charges

In the cart will be shown in detail:

  • the price of the Product;
  • delivery costs.

Prices in the online shop may vary. In such cases, the prices published at the time of the Order on the online shop are considered. In case of discounts, the seller will display the price of the product for the last 30 days.

In consideration of the place of delivery of the goods, the Products purchased may be subject to import taxes and/or customs duties, the amount of which may vary according to the country of destination. It is therefore not possible to predict in any way whether and what costs should be incurred for the customs clearance of the purchased goods. Consequently, any costs relating to import taxes and/or customs duties will be borne exclusively by the Customer.

In the case of export of goods to non-EU countries, the related customs duties are charged to the customer. The customs duties due vary according to the country of destination. The Customer has the obligation to inform himself about the relevant regulatory provisions and the relative responsibility rests on him. Customs duties are not considered shipping costs and are therefore charged to the customer.


Art. 5 Registration

In order to be able to make purchases from the Website store, the User must register to enter his personal data and choose the methods of sale and use of the Services (payment, delivery, etc.).

The User who wants to register on the Site must provide all the data requested by the registration form, and is responsible for the truthfulness and correctness of the same.

In the case of registration, at the time of data entry, the User guarantees to:

  • be of age and legally capable;
  • possess the proper requisites for registration requested at the time of registration;
  • comply with all legal and contractual provisions applicable to these Terms and Conditions;
  • be the legitimate owner of the data entered, to be understood as true, correct and updated.

Registration coincides with the opening of an account.
In cases of abuse, the Seller reserves the right not to accept the registration, to revoke the same, as well as to provide for reporting for intervention to the competent Authorities.

Upon registration (account opening) the User will be asked to provide some data such as name, e-mail and a password, which the User will take care of guarding, conserving, keeping secret, using on his own and not transferring. . The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. In this case you will be asked to leave the information strictly necessary for the purchase and delivery of the Products. It is forbidden to use temporary emails for registration.

All data transmitted will be treated with the utmost respect for the legislation on the protection of privacy. The Seller will use them exclusively to complete orders and only in the event that explicit consent is expressed in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.

Art. 6 Purchase procedure and conclusion of the sale

The User will be able to purchase all the Products offered for sale on the Site, as described in the relevant information sheets, by following the purchase procedures provided on the Site itself. When purchasing the Products, the Customer must follow all the instructions contained in the appropriate page of the Site. For the purchase of the Products, the Customer must complete and send the Purchase Order form in electronic format to the Seller, following all the instructions contained in the appropriate page of the Site. You will find a summary of the main commercial conditions, including the price, means of payment and delivery methods, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must place the Product he wishes to purchase in the appropriate "Cart" and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy , will have to select the desired payment method and proceed with the payment.

The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer by email, sent to the email address communicated when placing the Order. The Seller reserves the right to evaluate the acceptance of the orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or which involve the delivery of the Products ordered in some disadvantaged geographical areas.
The Seller will inform the Customer of any impossibility to accept the orders received in the shortest possible time starting from the moment in which the Customer has sent the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or things, caused by the non-acceptance, even partial, of an Order by the Seller.

Art. 7 Payment methods

The payment methods available on the Site are Paypal, Shop Pay, Apple Pay and Google Pay

Art. 8 Shipping and delivery times of the product

The Seller will deliver the Products purchased by specialized carriers, with a standard service, from Monday to Friday, excluding holidays and national holidays. Approximately 15 working days from the time of purchase are calculated for the fulfillment and shipment of the products. The above terms are purely indicative and not essential. Any variation to the above will be promptly communicated via e-mail to the Customer.

The cost of shipments in Italy is free while those in Europe and the USA are calculated at the time of purchase.
At the time of shipment of the package, the Tracking number will be sent via email, which will allow you to follow the entire route of the shipment by going to the carrier's website. The Customer must check that the packaging is intact and clean and that the Products received correspond to what was purchased. In the event that a product arrives that has been damaged during transport or that is different from the one ordered, the Customer must carefully document the goods with photographs, so as to be able to demonstrate any damage. The Customer can ask the Seller for the replacement by email and the Seller will return the product and possibly collect the product to be replaced from the Customer's home. In the case of a Customer residing outside the EEA (European Economic Area), the latter must send the product to be replaced to the seller at his own expense. In any case, the Customer will be contacted as soon as possible by the Seller to be informed about the timing of the replacement of the product.

Art. 9 Right of withdrawal

All purchases made by the Consumer Customer on the Site are covered by the guarantee of the right of withdrawal, which gives the possibility to return, for any reason, the product purchased and to obtain reimbursement of the expenses incurred within 14 days.

To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to communicate to the Seller that you wish to withdraw in whole or in part from the purchase through any explicit declaration to this effect by e-mail. Within the same term, the Customer must arrange, using a shipping method of his choice, for the shipment of the goods reinserted in their original packaging, intact and in perfect condition, complete with all its parts, and carefully packed to the Seller's headquarters. The package must include all documents received. We recommend that you insure the shipment against theft and damage in transit. Cash on delivery parcels will not be accepted.

The only costs required are those relating to the return of the product.

Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the goods shipped. The costs incurred for returning the goods are excluded from the refund.
For purchases made, the refund will be made using the same method of payment. The risks of transport for the return of the Products are fully borne by the Customer, as are the costs necessary for the return of the Products subject to withdrawal. Without prejudice to the above, it should be remembered that the Customer is responsible for any decrease in the value of the Products resulting from handling the goods other than that necessary to establish their nature, characteristics and functioning.

The Customer acknowledges and expressly accepts that:

  • the right of withdrawal does not apply to products received more than 15 working days ago (in this case the return of the goods will be refused).

  • the right of withdrawal cannot be exercised if the purchased products have been used.

  • the right of withdrawal is excluded in the event of the purchase of packaged and sealed products which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery.

 

Art. 10 Legal warranty

The Consumer Customer has the right to a 24-month legal guarantee pursuant to Legislative Decree 206/2005 and subsequent amendments. In the event of receipt of Products that do not comply with the orders or are defective, the Customer must notify the Seller by e-mail, accompanying any photographs and details. In order to take advantage of the guarantee, it is necessary to show the purchase documents.

In case of lack of conformity of the goods, the consumer has the right:

  • the restoration of compliance,
  • or to the proportional reduction of the price,
  • or upon termination of the contract.

For the purpose of restoring the conformity of the goods, the consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or excessively burdensome for the seller, taking into account:

  • the value of the goods in the absence of the defect,
  • the extent of the defect,
  • the possibility of using the alternative remedy without inconvenience for the consumer.

The consumer has the right to a proportional reduction of the price or to the termination of the contract:

  • if the seller has not repaired or replaced the goods,
  • if a lack of conformity occurs despite the attempt to restore the goods,
  • if the lack of conformity is so serious as to justify a price reduction or termination,
  • if the seller has declared or it results from the circumstances that he will not proceed with the restoration of conformity within a reasonable time.

The consumer does not have the right to terminate the contract if the lack of conformity is slight and it is up to the seller to prove it.

The consumer has the right to a reduction in the price proportional to the decrease in the value of the goods.
In the event of termination of the contract, the same is exercised by means of a direct declaration to the seller. If the lack of conformity concerns only some of the goods delivered, the contract can be terminated only for them.

Upon termination, the consumer:

  • must return the goods to the seller at the latter's expense,
  • the seller refunds the consumer the price paid for the good upon receipt of the good or of the evidence provided by the consumer regarding the fact that he has returned or shipped the good.

If the Customer is a Professional, he does not have the right to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, so in the case of defects in the Products sold which make them unsuitable for use or which are such as to decrease their value appreciably, the same may request the reduction of the price or the termination of the sale in the cases provided for by the same Civil Code and to this end he must notify the Seller of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.

Art. 11 Force majeure

The Seller assumes no responsibility for disservices attributable to force majeure which prevented, in whole or in part, the execution of the contract within the foreseen times. The Seller is not liable to the Customers for any damages, losses and costs incurred as a result of the failed or delayed execution of the contract, the Customer having the right only to a refund of the price paid.

The Seller is not liable for damages deriving from disconnections, interruptions of the Site, as well as for the loss of data consequently occurring and attributable to the same.
In the event of force majeure, the execution of the Order will be suspended.
This suspension may last for a maximum period of 3 (three) months, after which the Parties may decide whether to continue or cancel the Order.

Art. 12 Intellectual and industrial property

The Site (and its content and graphics), the trademark, the domain name, the related subdomains and all the intellectual and industrial property rights related to them, are the exclusive property of the Seller, are reserved to it and are not nor will they be transferred or licensed under any circumstances to Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, retransmit also on other websites, transfer or otherwise make available to third parties for any reason or in any case use for purposes other than conservation and/or consultation of the Sites and /or the Contents of the Site, without the prior express and formal approval of the Seller.

Art. 13 Failure to exercise a right 

Failure by the Seller to exercise a right does not represent any waiver of taking action against the Customer or against third parties for the violation of the commitments undertaken. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.

Art. 14 Processing of personal data (Privacy)

The Personal Data provided or acquired will be processed based on principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as Data Controller, processes the Users' Personal Data by adopting the appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of Personal Data. The Processing is carried out using IT and/or telematic tools, with organizational methods and with logics strictly related to the purposes indicated. User Data is collected for the execution of pre-contractual measures; to fulfill the obligations deriving from the stipulated contract; for the registration procedure aimed at purchasing the Products; to follow up on the specific requests addressed to the Owner by the User; to send information and promotional and commercial offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications concerning the Products purchased without the need for the express and prior consent of the User, as required by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree n.101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relative consent to treatment where required (Cookie Policy).

Art. 15 Applicable law and jurisdiction 

These Terms and Conditions are entirely governed by Italian law.
Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts stipulated online by the European Consumer Customer with the Seller will be the exclusive jurisdiction of the Court of the judge of the place of residence of the Consumer (so-called consumer forum).
Any dispute that may arise in relation to the validity, interpretation, execution and termination of contracts stipulated online by the non-European Customer with the Seller will be the exclusive jurisdiction of the Court of Biella (BI), Italy.

Art. 16 Dispute resolution

According to article 49 paragraph 1 letter V of Legislative Decree n. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation procedure (ADR).
Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint via the ODR platform of the European Union. For more information contact the Seller.


Art. 17 Communications

For further information of any kind, it is possible to contact the Seller at the following addresses: customercare@lucianobarbera.it

Pursuant to art. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and to accept all the clauses of these Terms and Conditions of Sale and in particular those of articles 4, 8, 9, 10, 11 and 15.

 

Art. 18 Gift Card

The following terms and conditions (hereinafter, the "Terms") regulate the purchase and use of the Luciano Barbera Gift Card issued for a certain amount of money, purchased on the official Luciano Barbera e-commerce site www.lucianobarbera.com.

Your Luciano Barbera Gift Card is issued by:

  • Peplo S.r.l., with registered office in Via al Cervo, 1, 13900 Biella (BI), Italy, VAT number IT02420910024, telephone number +39 015 246 1000 (calls are subject to ordinary call rates to an Italian landline number ), email address customercare@lucianobarbera.it.


18.1 Where to buy a Luciano Barbera Gift Card
Luciano Barbera Gift Cards can be purchased exclusively from the official Luciano Barbera e-shop and will be activated immediately; the buyer can choose the amount of the Luciano Barbera Gift Card among the amounts indicated by Peplo S.r.l. from time to time and up to the maximum amount established by Peplo S.r.l. laws and policies. After purchasing the Luciano Barbera Gift Card, an email will be sent with its unique code which must be kept and used during checkout when purchasing a product on the site.

18.2 How to use the Luciano Barbera Gift Card
Luciano Barbera Gift Cards can be used to purchase Luciano Barbera products only in the Luciano Barbera e-shop and can be redeemed for the purchase of products offered by Luciano Barbera at the website www.lucianobarbera.com up to the value of the loaded amount on the Luciano Barbera Gift Card, as indicated in the relevant receipt at the time of purchase, provided that it is used in accordance with these Terms and in compliance with all applicable laws and Peplo S.r.l. policies relating to the purchase of goods.
The Luciano Barbera Gift Cards can be redeemed in whole or in part and, in the latter case, the remaining amount can be used for subsequent purchases at the Luciano Barbera e-shop. The purchase amounts will be deducted from the balance of the Luciano Barbera Gift Card until the credit reaches zero. If the total value of the products purchased at the Authorized Luciano Barbera Store exceeds the amount of the Luciano Barbera Gift Card, the remaining balance for such products can be paid via any other payment method permitted by the site.Please note that on the Luciano Barbera e-shop you can use more than one Luciano Barbera Gift Card to purchase a single item, even on discounted products.Except in cases provided for by law, Luciano Barbera Gift Cards cannot be redeemed for money, not even in the case of product returns, and are not rechargeable. This does not affect your legal rights in relation to the purchase of the Luciano Barbera Gift Card.Nothing in these Terms affects your legal rights relating to the purchase of the gifted item when you use the Luciano Barbera Gift Card.
 
18.3 Expiry date
Luciano Barbera Gift Cards expire 6 months from the activation date. The activation date can be checked on the website www.lucianobarbera.com. Your Luciano Barbera Gift Card can no longer be redeemed after it expires.
Luciano Barbera Gift Cards are generally non-refundable, unless there is a right to refund by the law applicable in the country of purchase pursuant to mandatory regulations, which may include the refund following a successful warranty claim, a refund for a purchase based on an error, or, a refund after having exercised the right of withdrawal. Nothing in this clause will grant a right of refund unless required by mandatory law. Please remember that, in any case, the refund can be made exclusively at the request of the Buyer (not at the request of the User).
In case of online purchase of Luciano Barbera Gift Cards through the Luciano Barbera e-shop, you expressly acknowledge and accept that in case of use of the Luciano Barbera Gift Card you will lose the right of withdrawal.

 

18.4  How to know the balance of your Luciano Barbera Gift Card

When you purchase a Luciano Barbera Gift Card, the initial amount can be viewed on the email that will be sent at the time of purchase and on the official website www.lucianobarbera.com. If the User is registered on the official website, he/she will be able to view the remaining credit of his/her Gift Card also on his/her profile. Where Peplo S.r.l. believes that an administrative, billing or accounting error has occurred, Luciano Barbera reserves the right to correct the balance of the Luciano Barbera Gift Card. If you have any questions about your transaction history or any corrections, or if you wish dispute a transaction or a correction made on the Luciano Barbera Gift Card, or for any other complaint, please send an email to customercare@lucianobarbera.it or call the telephone number +39 015 246 1000 (calls to a Italian landline number are subject to the ordinary rates for calls to an Italian landline number). Peplo S.r.l., after having carried out the appropriate checks, will inform you of the results and correct any errors.

 

18.5 Personal Data 
Peplo S.r.l. (as identified above) is the data controller with respect to the collection, use and processing of personal data provided by the Buyer for the purchase and/or by the User for the redemption of the Luciano Barbera Gift Card. In particular, Peplo S.r.l. will process the personal data of the Buyer and/or User in order to issue and guarantee the use of the Luciano Barbera Gift Card in compliance with the applicable privacy legislation and, in any case, in accordance with its own privacy policy, available together with these Terms. If Peplo S.r.l. collects your telephone number, we inform you that you have the right to register in the national public register of objections to telephone calls for commercial purposes, where possible under your local laws.
18.6 Applicable law and jurisdiction 

These Terms are governed by Italian law, except where local laws apply, and all disputes, claims and legal proceedings arising directly or indirectly from the purchase or use or relating to the purchase or use of Luciano Barbera Gift Cards will be defined by the competent court of the place of domicile or residence of the consumer.
 



This translation in English is provided for convenience and has the same meaning and content as the original version in Italian. In case of doubt or discrepancy regarding the meaning of the text, the original Italian version shall prevail.