1. Subject matter and business policy
1.1. The following general terms and conditions of sale govern the sale of products (hereafter the “products”) manufactured by BlazerBar s.r.l., a company registered under Italian law with registered office in via Diocleziano n 42, 80125, Napoli, tax code, vat no. 09773221214 (hereafter the “vendor”) through the e-commerce website <a href=”www.Theblazerbar.com”>www.Theblazerbar.com</a> (hereafter the “website”). Please read these terms and conditions carefully before ordering any products. By ordering any of our products you shall be bound to these terms and conditions.
1.2. The products for sale on the website are directly sold by BlazerBar
1.3. According to the Italian consumer code, “consumer” shall mean any individual who is acting for purposes other than his or her trade, business or profession. Only consumers are permitted to submit orders via the website. If you are not a consumer, please refrain from purchasing any products thorough the website.
1.4. BlazerBar reserves the right not to process orders received from visitors who do not fall within the definition of “consumers” according to the Italian consumer code or any other order which does not comply with BlazerBar’s business policy.
1.5. Only consumers who are of age 18 or over and have full legal capacity, may place an order on the website. In placing an order, the consumer declares to comply with such requirements.
2. Product features and availability
2.1. Products are sold according to their features described on the website and pursuant to the general terms and conditions of sales published on the website at the time of the order. Some products could be custom made or could be personalized (hereinafter “custom products”). Certain restrictions, (like the right to return the custom products) may apply to custom products.
2.2. The vendor reserves the right to amend all or part of these general terms and conditions of sale at any moment from time to time and at its own discretion, with no obligation to give prior notice to visitors or consumers. All amendments to the general terms and conditions of sale come into force from the date on which they are published on the website, and will only apply to sales concluded from that date onwards.
2.3. Prices, products (and relative features) sold on the website may also be subject to changes without notice. Consumers are therefore advised to check the actual prices before placing any order.
2.4. Although the website can be accessed from all over the world, products available on the website can only be purchased by consumers who request delivery to one of the countries listed on the website.
3. Product purchase procedure – conclusion of each individual purchase contract
3.1 In order to place an order, the consumer must complete the online order form and send it electronically to the vendor and follow all of the reported instructions.
3.2 Orders submitted through the website shall be interpreted as a binding offer pursuant to art. 1326 of the Italian civil code and are subject to these general terms and conditions of sale as well as all other conditions contained on the website, including the general terms and conditions of use and the privacy policy, which form an integral part of each order; by placing an order the consumer undertakes to fully accept the same without reservation.
3.3 Before placing an order, consumers will be asked to: (i) carefully read and understand these general terms and conditions of sale, (ii) read and understand the notice concerning withdrawal rights, and (iii) print and save a copy of the order. Consumers will also be asked to confirm and correct any possible errors in their personal data.
3.4 Orders shall be deemed accepted by the vendor (and a binding contract is concluded) once a confirmation e-mail is sent to the consumer (hereinafter “order confirmation”), to the email address provided during the registration process, or during the order process if the consumer has not registered on the website
3.5 A summary of the order placed and a description of the product features. The order confirmation and the general terms and conditions of sales applicable to the contract concluded between the parties will be filed electronically by the vendor’s it systems and the consumer may request a copy of the same by sending an e-mail to the vendor at info@theblazerbar.com.
3.6 The order confirmation will be filed in the vendor’s database. The vendor may access his order form by clicking on the appropriate section in the customer area.
4. Product selection, product price indications and purchasing procedure
4.1 The main features of products are shown on the website on each product page. The products sold on <a href=”www.Theblazerbar.com”>www.theblazerbar.com</a> may not exactly correspond to the real garments in terms of image and colors due to the internet browsers or monitors.
4.2 The products displayed on the website can only be purchased by selecting the relative products and adding them to your virtual cart. Once the selection is complete, in order to proceed with the purchase, the consumer will be asked to (i) register with the website, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide his details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the website registration phase, the consumer will be asked to confirm the details (by way of example and not limited to name, surname etc.) as well as the delivery address for the products chosen, the billing address and, on an optional basis, a telephone number on which the consumer can be contacted in relation to the purchase made. The consumer will be provided with a summary of his completed order and may change the contents. The consumer, will be required to carefully read and expressly approve the general terms and conditions of sale by indicating the relative check box and, finally, confirm the order by pressing the “place order” button; this action will send the order to the vendor in compliance with par. 3.2.-3.6. Of these terms and condition of sales. The consumer will also be asked to select a delivery option and a payment method from those available. If the consumer selects immediate payment by credit card, by Stripe or by PayPal he will be requested to provide the credit card information via a secure socket connection. The vendor reserves the right to check the personal details provided by the consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the consumer when the vendor sends the actual order confirmation.
5. Delivery and acceptance of goods
5.1 Product availability and delivery dates reported on the website are merely indicative and under no circumstances binding for the vendor.
5.2 The vendor shall make its best effort to comply to the delivery dates provided on the website or confirmed on the order confirmation. In case no delivery date is provided, the vendor will ship the products ordered at the latest within thirty (30) business days from the date of the order confirmation. If the order cannot be processed by the vendor due to product unavailability, the vendor shall notify the consumer in writing and refund any amounts paid pursuant to par 5.3 below.
5.3 The products ordered by the consumer shall be delivered according to the method chosen from those available and listed on the website at the time the order is placed. The consumer undertakes: 1) to promptly check, within and no later than eight (8) days of receipt of the products, that the delivery is correct and includes all and only the purchased products. 2) to notify the vendor, within and no later than eight (8) days of any faulty products received or any discrepancy between the order and the goods received, following the procedure referred to in par. 8 of this contract; failure to do so will infer that the products shall be deemed as accepted. In the case that the packaging or boxing of the products ordered by the consumer reaches its destination visibly damaged, the consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.
6. Prices, shipping costs, customs duties and taxes
6.1 The price of the products is reported on the website at the time the order is placed by the consumer. All prices are reported in euros and are inclusive of vat (where applicable) and of any other duty (where applicable) and include shipping costs.
6.2 The total price will be indicated in the order and also provided on the order confirmation sent via e-mail to the consumer.
6.3 If the products are to be delivered outside the European union, the total price reported in the order and in the order confirmation, including indirect taxes, is net of any customs duties and any other taxes. Consumer hereby agrees to pay for any applicable custom duties or other costs, charges and local applicable taxes, if required, in addition to the price stated in the order and in the order confirmation, as required by the applicable laws in force in the country where the product will be delivered. The consumer is invited to check with the relevant authorities in his country of residence or destination of products for further information on any duties or taxes applicable in his country of residence or destination of the products.
6.4 Any unawareness by the consumer of potential costs, charges, taxes and/or duties referred to in par. 6.3 above, shall not constitute grounds for termination of this contract and shall under no circumstances be paid by the vendor.
7. Klarna
Klarna is a global payment method available in select countries that provides a simple, quick, and seamless buying experience. With Klarna, you can spread out your payments (4 separate payments). If paying with Klarna is available in your location, you will see it as an option at checkout.
To get further information, including detailed terms and conditions for the available options, please refer to the following page on Klarna website.
8. Payments
8.1 The vendor reserves the right to amend prices at any time; however, changes will not affect orders for which the vendor has already sent you an order confirmation.
8.2 Payments are accepted by credit card, debit card, Stripe or PayPal. Accept payments can only be processed by the following credit cards: Visa; Mastercard; Maestro, American Express.
8.3 In order to minimize the possibility of unauthorized access, the consumer’s credit card details will be encrypted. Once the order is received, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. No charge will be made to the consumer’s credit card until his order has been dispatched for delivery. However, if the consumer’s payment method is PayPal or Stripe, the charge will be made when he receives the order confirmation.
8.4 By clicking “authorize payment” the consumer is confirming that he is the credit card owner or the legitimate holder. Credit cards are subject to validation checks and authorization by the credit card issuer but if the card issuer fails to authorize payment the vendor will not be liable for any delay or non-delivery and may not be able to form a contract with you.
9. Defective products liability
9.1 The conditions foreseen by ec directive 85/374/cee and by Italian legislative decree n. 206/2005 – (consumer code) are applicable to any damages caused by defective products. The vendor, in its capacity as distributor of the products on the website disclaims all liability, without exclusions and/or exceptions, and shall refer the consumer to the manufacturer of the product concerned.
10. Intellectual property rights
10.1 The consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the website or relating to the products are and remain the exclusive property of BlazerBar and/or its assignees, with no rights arising on the part of the consumer in relation to the same as a result of access to the website and/or purchase of the products.
10.2 Unless prior specific consent is granted in writing by BlazerBar, no contents of the website can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
11. Protection of consumer personal data
11.1 In order to proceed with the registration process, place an order and sign this contract, the consumer is required to provide certain personal details. The consumer hereby acknowledges that the personal data provided will be recorded and used by the vendor in accordance with and subject to the provisions of Italian legislative no. 196/2003 as subsequently amended the privacy code (personal data protection code), to process each purchase via the website and, upon granting his consent, for any other activities as illustrated in the specific informative note on the personal data protection code provided to the consumer by the website during the registration phase.
11.2 The consumer hereby declares and guarantees that the personal details provided during the registration and purchase process are truthful and accurate.
11.3 The consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the vendor via the “my account” section on the website, which can be accessed after logging in.
11.4 For any further information on how the personal details of consumers are processed, please refer to the privacy policy and read the general conditions of use carefully.
12. Security
12.1 The information or data viewed by the consumer on the website, even after the consumer has provided with relative login credentials, will not be accessible or viewable by unauthorized third parties. While the vendor takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties,
12.2 When a payment is made by credit card the vendor shall rely on services provided by third parties which adopt technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
13. Applicable law, settlements and jurisdiction
13.1 These general sales terms and conditions govern any sales contracts signed between the vendor and the consumer under these general sales conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with legislative decree no. 206 dated September 6, 2005 of the consumer code, with specific reference made to the regulations concerning distance contracts, and by legislative decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to consumers by binding provisions in force in the consumer’s country of residence.
13.2 The assigned exclusive jurisdiction for all disputes arising in connection with the application or interpretation of these general terms and conditions of sale is the court of residence of the consumer if residing in Italy. In case the consumer does not reside in Italy, the exclusive jurisdiction is the court of Napoli, Italy.