General Terms and Conditions of Sale

Seller Identification

The goods subject to these general conditions are sold by BASILARE of Luisa Barbieri, with its registered office at Primiero San Martino di Castrozza, Via Sass Maor 17/A1 – 38054 Trento, email [email protected], registered with the Chamber of Commerce of Trento under TN-239405 of the Companies Register, tax code BRBLSU75M44B563K, VAT number 02642480228, hereinafter referred to as the “Seller.”

1. Definitions

1.1 The term “online sales contract” or “contract” refers to the contract of sale relating to the Products concluded on the website www.basilare.it between the Seller and the Buyer.

1.2 The term “Buyer” refers to the individual making the purchase, as per this contract, for purposes not related to any commercial or professional activity they may engage in.

1.3 The term “Seller” refers to Basilare of Luisa Barbieri as identified above, i.e., the entity selling the goods through the website mentioned in the following article.

1.4 The term “Products” refers to the goods offered for sale by the Seller through their website.

1.5 The term “Site” refers to the website www.basilare.it.

2. Contract Formation and Acceptance of General Conditions

2.1 The contract between the Seller and the Buyer is concluded exclusively through the Site, where, following the indicated procedures, the Buyer formalizes the purchase of the Products. The Buyer is aware that to access the Site, an internet connection is required, and the costs for this connection are the responsibility of the Buyer as per their internet provider’s terms.

2.2 These general conditions may be updated, supplemented, or modified at any time by the Seller, who will notify this through the Site’s pages. Such updates/modifications and/or integrations will be effective only for purchases made after their publication. In practice, purchases and rights arising from them are governed by the general conditions in effect at the time of their completion, which the consumer had the opportunity to review before completing the purchase.

2.3 The Buyer must review these general terms and conditions before completing the purchase process. The submission of the purchase order assumes the Buyer has read and accepted these terms by checking the appropriate box.

2.4 Before finalizing the order, the Buyer will be invited to verify the contents of the cart, their data, the price of the selected Products, any shipping costs, additional charges, the payment methods and terms, and the address where the Products will be delivered. Once the delivery address is confirmed in the designated pop-up, it cannot be changed.

2.5 The Seller will send the Buyer an email confirming receipt of the order immediately after its submission, thereby concluding the purchase contract. This confirmation is sent to the email address provided by the Buyer and includes an identifying number, Buyer information, product details, total price, payment method, a link to the withdrawal form, and a reminder of the legal guarantee.

3. Purchasing Methods and Sale Prices

3.1 The product prices on the Site are in Euros and are the prices in effect when the Buyer submits the Order.  

3.2 The product prices include VAT.

3.3 Through the Site, the Seller manages sales and related shipments exclusively to countries within the European Union, offering free shipping.

3.4 By accepting these contractual conditions, the Buyer explicitly declares they are making the purchase for purposes unrelated to any commercial or professional activity they may be engaged in.

4. Delivery Times and Methods** 

4.1 The Seller will deliver the selected and ordered Products according to the methods chosen by the Buyer, as confirmed in the email mentioned in 2.5.

4.2 Shipping times can reach a maximum of 5 business days for Italy and 7 business days (excluding Saturdays, Sundays, and holidays) for European destinations. If the Seller cannot ship within this timeframe for any reason, they will promptly notify the Buyer via email sent to the address provided during the purchase process.

4.3 If the delivered Products show any damages likely caused by the courier, the Buyer may refuse the delivery and immediately notify the Seller, who will file the necessary claims with the courier and arrange for a new shipment.

5. Payments and Gifts

5.1 Accepted payment methods include Credit Card, Scalapay, PayPal account, Amazon Pay, and Bank Transfer.

5.2 All Orders must be paid in Euros, including taxes and mandatory contributions. Any bank fees will be borne solely by the Buyer (even in case of refunds). The bank transfer must be made within 10 (ten) days of the order, after which the order will be automatically canceled.

5.3 Ownership of the ordered Products will remain with the Seller until the full amount of the order, including shipping costs, taxes, and other mandatory contributions (if applicable), is entirely paid by the Buyer. All orders, before being processed, are subject to authenticity checks directly by the credit card issuers to protect the Buyer. If, for any reason, it is not possible to charge the due amount, the sale process will be automatically canceled, and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The Buyer will be informed via automatic email notification.

5.4 Payment communications and data provided by the Buyer during payment are transmitted over secure lines and with all guarantees ensured by the security protocols used by payment networks.

5.5 Any promotional offers are specifically indicated and marked on the Site with the wording “Gift.”

6. Product Availability

6.1 The Seller ensures, through the telematic system used, the processing and fulfillment of orders without delay. To this end, the Seller provides updates as quickly as possible in their electronic catalog regarding available and unavailable products, as well as an estimate for order processing.

6.2 If an order exceeds the available quantity, the goods not available at the time of the order will not be added to the cart.

6.3 For each shopping session, the Buyer may order a maximum of 9 units per product.

7. Warranty and Post-Sales Support

7.1 The products offered on the Site are exclusively high-quality items authentically Made in Italy.

7.2 The essential characteristics of the products are indicated on the Site on each product detail page. However, the images and colors of the products offered for sale may not correspond to the actual ones due to the Internet browser and the monitor used. Therefore, it is understood that, notwithstanding the indications related to the label, the Buyer cannot raise any objections against the Seller if the packaging of the delivered product does not match the image of the product shown on the Site regarding colors, shape, or size. The Seller reserves the right to modify the product packaging at any time.

7.3 The Seller pays maximum attention to the adherence of what is described and presented on the site in relation to what is reported on the label of the product packaging. In any case, it is emphasized that, where differences are found, the label and the product’s usage instructions will always prevail.

7.4 Upon delivery of the purchased product by the courier, the Buyer is required to check that the number of packages delivered corresponds to what is indicated in the delivery document and that the packaging is intact, undamaged, and not wet or otherwise altered, including closing materials (adhesive tape or metal straps). Upon receipt of the products, the Buyer must:

  • Ensure that the packaging is intact. If not, they must NOT accept the products and leave them with the courier. If this happens, the Buyer must promptly inform the Seller to proceed with the reshipment of the purchased goods in a timely manner;  
  • Sign the goods receipt document presented by the courier, always adding the wording “ACCEPTED WITH RESERVATION.” This way, it will be simpler and faster to obtain any refunds for damages attributable to transportation;
  • Photograph the package—if the received products are damaged or incomplete/incorrect—both outside and inside, so that, in case of a refund request, the Seller can request such material to verify the actual problem.

Once the courier’s document is signed, the Buyer cannot raise any objections regarding the external characteristics of what has been delivered, and the risk of loss or damage of the products will fully transfer to the Buyer.

7.5 The Seller is responsible to the Buyer for any conformity defects existing at the time of product delivery and for hidden defects that manifest within two years of such delivery. The Buyer may request warranty intervention through the Seller’s Site (Contact section) within 60 (sixty) working days from the date of receipt of the products (for obvious defects) or from the discovery of the defect (for hidden defects), specifying the reason “warranty for non-compliant product,” the order code, and the reason for the complaint. The Seller, upon verifying compliance with the above, will indicate to the Buyer the procedures for the repair or replacement of the product under warranty. If necessary, the Seller will arrange, at its own expense, to have the defective product collected via express courier directly to an address indicated by the Buyer. After receiving the product, the Seller will assess the actual alteration and, if confirmed, will replace the goods at its own expense within a maximum of 30 (thirty) days from the date of receipt of the return. In case of negative verification, the Seller will promptly inform the Buyer of the negative outcome of the return procedure, and no replacement product will be sent. In any case, the Buyer may, at their own expense, collect the product from the Seller within a maximum of 30 (thirty) days from the communication of the negative outcome of the procedure.

7.6 The warranty for compliance of the products will apply correctly only if the following conditions are fully met:  

  • The request to open a warranty intervention procedure includes information regarding order code and reason for return;  
  • The returned products are sent to the Seller in a single shipment. The Seller reserves the right not to accept products from the same order, returned and shipped at different times.  

7.7 The Seller reserves the right to request the Buyer to attach to the request for exercising the legal warranty of conformity, the Order Confirmation and/or the DDT (Delivery Document) or other document proving the date of purchase and the date of delivery.

7.8 The Seller is not responsible or obligated to compensate for indirect, immaterial, or collateral damages, including (without limitation): loss of profit, loss of earnings, limitations on production, administrative or personal costs, loss of the Buyer, or legal actions by third parties. This warranty is only valid for products purchased by a Buyer residing within the territory of Italy.

7.9 The limitation of liability in Article 7.8 does not apply in cases of fraud, malice, or gross negligence by the Seller.

7.10 The warranty for product compliance is reserved for customers of the site. It applies only to users who have made purchases on the Seller’s Site for purposes unrelated to any business, commercial, craft, or professional activities. Those who have purchased on the Site and do not qualify as Customers will be subject to the warranty for defects in the sold item, the warranty for promised and essential quality defects, and the other warranties provided by the civil code with the related terms, deadlines, and limitations. Any faults or malfunctions caused by accidental events or by user liability, or by use of the product not compliant with its intended use and/or with the instructions for use of the product, and in cases where the products are stored in unsuitable places or exposed to the elements, dirt, or contaminating agents, are excluded from the scope of the product compliance warranty.

8. Right of Withdrawal

8.1 According to the provisions of the Consumer Code, the Buyer can withdraw from the purchase contract within 14 (fourteen) working days from the date of receipt of the package containing the purchased products. In the case of separate delivery of multiple products ordered by the consumer Buyer with a single order, the fourteen-day term for exercising the right of withdrawal begins from the day the last product is delivered. Here are the instructions: Returns and Withdrawals.

8.2 Pursuant to Article 59 of the Consumer Code, for concrete hygienic reasons, sealed products and, in any case, cosmetic products whose hygienic guarantee is lost with the opening of the primary packaging are expressly excluded from the right of withdrawal. Thus, the right of withdrawal is excluded if the Buyer opens the seal (if present) or the primary packaging.

8.3 According to Article 57, paragraph 1 of the Italian Consumer Code, the Buyer is required to ship the products within 14 days from the date they communicated their intention to exercise the right of withdrawal. The return shipping costs will be solely the responsibility of the Buyer. Until the package is delivered to the Seller, the responsibility and custody of it rest with the Buyer. Any loss or damage to it may affect the refund.

8.4 It is also noted that packages sent at the recipient’s expense will not be accepted.

8.5 The Seller will refund the Buyer the entire amount already paid for the products within 14 days from the receipt of the products or from proof, provided by the Buyer, that the products have been shipped, depending on which situation occurs first.

8.6 If the purchase of the products included the gift of any gadgets and/or products, in case of withdrawal, these gadgets and gift products must be returned. The failure to return them will result in a charge of €30.00 (thirty euros).

8.7 To exercise the right of withdrawal, the Buyer can:  

  • Use the standard withdrawal form downloadable here Returns and Withdrawals, duly completed and signed as per instructions.  
  • Present any other explicit statement of their decision to withdraw from the contract.

8.8 The Buyer is only responsible for the decrease in value of the goods resulting from handling of the products other than that necessary to establish the nature, characteristics, and functioning of the goods pursuant to Article 57, paragraph 2 of the Consumer Code. This means that if the Buyer uses the products in a manner that damages them or makes them unsellable or, in any case, decreases their value, they retain the right to withdraw from the contract, but will be required to pay fair compensation, which may be offset against what is due as a refund.

9. Failure to Collect the Package – Contract Termination

9.1 It is established that collecting the product is a specific obligation of the Buyer. At the time the Order is entrusted to the selected courier, the Seller will send a specific email informing the Buyer of the imminent delivery, also through the shipment link. The status of the placed order and the tracking link are always available by accessing their personal area.

9.2 The courier will make a first delivery attempt on the date indicated by the tracking. In case of non-delivery, a second attempt will be made unless the Buyer needs to make corrections or changes to the address, for which they must take action themselves.

9.3 After the second unsuccessful delivery attempt, the package will be held at the courier’s location for the period established and indicated by the tracking page. Depending on the courier, the holding period can be unlocked either by contacting them directly or by contacting the Seller’s Customer Service.

9.4 After the holding period expires, the Product will be returned to the Seller, who will inform the Buyer that they may request the shipment again at their own expense within no more than 5 days from receiving the communication.

9.5 If the Buyer does not take action within the period mentioned in article 9.4 above, the contract will be terminated, and the Seller will proceed with the refund of the amount paid by the Buyer, deducting transportation costs and any holding fees. The Buyer will lose any discount codes used.

9.6 If the Seller is unable to refund the amount paid due to incompatibility of the payment method used for the purchase with an automatic credit, they will ask the Buyer to provide the bank details where they wish to receive the refund. If there is no response after ten days, the Seller will issue a shopping voucher equal to the refund amount and send it to the Buyer’s contact addresses. Upon issuance of the voucher, the Buyer will have no further claims against the Seller.

10. Protection of Buyer’s Privacy and Data Processing

10.1 The Seller protects the privacy of its customers and ensures compliance with the processing of personal data according to the provisions of the privacy legislation provided in Regulation (EU) 2016/679 and applicable data protection laws.

10.2 The personal and tax data acquired by the Seller, who is the data controller, are collected and processed in the manner and according to the methods outlined in the site’s Privacy Policy and specific notices.

11. Communications and Complaints

11.1 The Seller can be contacted at the following addresses:

11.2 The Seller will do everything possible to respond promptly and accurately to every complaint, dispute, or report, ensuring maximum availability to find appropriate solutions and provide accurate information.

12. Applicable Law and Jurisdiction

12.1 This online sales contract is governed by Italian law. For any dispute regarding the interpretation and execution of this contract, the Court in the location where the Buyer, as a consumer, has their residence or domicile, if located within the territory of the Italian State, will have jurisdiction.

12.2 If any provision of this online sales contract is deemed invalid, void, or unenforceable for any reason, that provision shall be considered severable and shall not affect the validity and enforceability of the other provisions, unless it is shown that the consumer would not have entered into the same contract without that part of its content affected by the nullity/ineffectiveness.