GENERAL CONDITIONS OF SALE (GCS)
CONDITIONS OF SALE (GCS)
1.1 These general conditions of sale. (Hereinafter GTC) apply to all products and services (hereinafter products) the BARRACUDAMOTO srl. (Hereinafter Barracuda). These General Conditions apply to all legal transactions between Barracuda and the client The sale and delivery of the products is solely for the here present GSC.
1.2 Any contrary or divergent conditions than the GCS is not accepted, unless the Barracuda explicitly and in writing has accepted. All other ancillary provisions, modifications, additions and legal value statements require for their validity in writing and explicit by the Barracuda and also, these provisions cannot be in contradiction with the present GTS.
1.3 The current and binding version of the GTC is published at www.barracudamoto.it. Barracuda reserves the right to change the GTC at any time and without notice. For the orders that occurred before the entry into force of the amended GCS, and that were performed by the Barracuda through the confirmation of the order, it was the old version of the GCS.
1.4 If some points of the GCS should be declared invalid or void, the remaining points would still be valid.
2.Offer and prices
2.1 All descriptions published at www.barracudamoto.it products are for guidance only and are without any guarantee. Barracuda is not responsible in any way for the correctness, completeness and timeliness of these descriptions.
2.2 The purchase contract is concluded when the customer executes a command from the Internet using the form and the same arrives at the Barracuda. At a time when the form arrives at the Barracuda, the customer receives an order confirmation. But if we were to unable to supply shipment or if there were to be erroneous indication of the product price, the contract is canceled with immediate effect. In this case the customer will be informed by Barracuda as soon as possible. In the event that the product has already been delivered to the customer, the properties of the product automatically returns to the Barracuda and the customer is obliged to return the product against repayment of the price paid.
2.3 The prices of Barracuda products are intended exclusively in GBP All prices are including VAT and any recycling fees and taxes on copyright.
2.4 The costs for packaging and shipping are not included. The shipping costs will be billed separately.
3.Orders 3.1 orders can be made electronically only through the www.barracudamoto.co.uk address, except in cases where Barracuda has agreed explicitly and in writing of special agreements with customers. 3.2 Changes or cancellation of commands from the client require an explicit confirmation in writing by Barracuda. In case of cancellation by the customer they can be charged for the costs arising to the extent of 20% of the value of the order or a minimum of 70.00 GBP. Barracuda 3.3 is entitled at any time to cancel or not to make an order confirmation of a product against repayment of the price paid, especially in the case in which the supplier or manufacturer is not available to ship the product or unexpectedly increases the price.
4. conditions of payment
4.1 The customer can pay the amount of the order by credit card Visa / Mastercard, on delivery or by prepayment by bank / post.
4.2 If payment was made by credit card, the amount will automatically be charged within 24 hours whether the product is shipped or not.
5. Payment If the customer fails to fulfill its payment obligations in whole or in part, all the amounts due become due and all shipments are immediately blocked. In these cases Barracuda reserves the right to cancel the contract. Barracuda can in these cases the customer may set an 8-day net payment term. The second solicitation Barracuda is entitled to charge a reminder fee of 20.00 GBP and default interest at 7% as well as all other costs caused. If the second test force the customer does not fulfill his payment obligations Barracuda is authorized to terminate the contract with immediate effect and without prior notification.
6.1 The product deliveries are made in every part of the world.
6.2 The customer agrees to receive even partial shipments.
6.3 All shipping dates may change at any time without notice. The dates of shipments are to be understood as indicative and in no case as binding.
6.4 If the product at the time of the order were to be present in the Barracuda stock and should not be sent within 30 days after the deadline, the customer has the right to cancel the contract. In the event that the product ordered is not in stock the customer's recession is exercisable after 90 days.
6.5 All products that are not present in the Barracuda stock must be controlled by the manufacturer or supplier. The purchase agreement is subject always to the condition of the impossibility of delivery. If the delivery is impossible the purchase contract is established shall be terminated with immediate effect. If a product is no longer manufactured the contract is canceled with immediate effect.
6.6 The order confirmation does not guarantee in any way that the product is actually available or can be shipped immediately.
6.7 In the event that the product could not be sent or were sent late any claim for compensation by the customer is excluded.
6.8 For any shipping delays for reasons attributable to the Post or other shipping company, Barracuda does not respond in any way.
6.9 If the customer refuses to withdraw a product shipped, Barracuda reserves the right to charge him the cost of return shipping. Also in these cases we reserve the right to cancel the contract.
7.Warranty 7.1 The client can exercise his warranty rights directly against the manufacturer. 7.2 The customer must contact the manufacturer to take note of the warranty conditions. 7.3 The Software repairs are excluded from any warranty claims. 7.4 Excluded are any damages or defects caused by external effects such as electrical shock, lightning, natural disasters, wear, work on the product to third parties or the customer, non-compliance with operating instructions given by the manufacturer or misuse. 7.5 If the product lacked technical expertise you were to draw the conclusion that the damage has been produced by one of the external effects listed above (7.4), or that is not covered by the warranty for other reasons, the customer can decide to repair the product against payment. If the customer refuses to carry out the repair paid the expenses for the budget you may be charged. The customer agrees later to recover the product repaired or to support the costs of disposal of the same. The customer may under no circumstances to fix the product to another company in the Barracuda expenses. 7.6 If the product could no longer be repaired or could no longer be shipped, Barracuda reserves the right to deliver to the customer a similar product to replace the one previously purchased or credited to him in the form of voucher for the same value of the product defective in clearing warranty claims. Through the repair or replacement of a product the duration of the guarantee is neither interrupted nor extended. Barracuda 7.7 is not liable for any lost data or information due to the repair or replacement of the product. The customer bears the entire responsibility to perform a full backup of your data security.
8.Defects, currency and goods returns
8.1 The customer is obliged to check the completeness and accuracy of the product received and in case of defects or errors in shipment must notify in writing the Barracuda at the latest two days after delivery. Otherwise the product shipped is considered accepted.
8.2 Exchange and return of products delivered under the contract are possible only in exceptional cases and at the explicit prior consent in writing by Barracuda. Products returned without the prior approval of the Barracuda are not accepted and will be returned at the sender's expense.
8.3 The return is at the expense and risk of the customer. The return of the product must be accompanied by a written description of the defect as well as a copy of the invoice. The products that are not subject to valid warranty or that have not been purchased at Barracuda can be returned to the sender at his own expense, or not be accepted.
8.4 The products can only be taken if they are still kept in their original packaging and have not been used. If the customer does not respect these conditions the return will not be accepted and the product will be consequently sent back to the sender's expense.
8.5 The product once opened are not taken in any case.
9.Reserve owned The products that have been shipped to the customer remain the property of the Barracuda until the customer has completely paid the price. Up to that point the products must be kept by the customer so that they can be sold again. Barracuda reserves the right to proceed to enter or notify the reservation of ownership in the appropriate public records.
10.Data Protection It applies the federal law on data protection. The saved data is not accessible to third parties. Barracuda does not save any number of credit cards. The customer agrees to the processing of your data in Barracuda. The customer is committed to treat his access data confidentially and not to disclose them to third parties. Barracuda does not respond in any way for the improper use of the customer's login information.
11.1 Claims for compensation damages against Barracuda for impossibility of performance, for the contractual damage, contractual faults arising from Barracuda as well as for unlawful acts are excluded. The liability for consequential damages or due to the failure or termination of the performance of the product is excluded.
11.2 Barracuda is not responsible for failure to contractual service due to force majeure. The fulfillment of the contract is deferred until the cessation of force majeure. If the force majeure would last for over 30 days, each party can terminate the contract without any compensation for damages is claimed by both sides.
12.Rights applicable and place of jurisdiction
12.1 All legal transactions between Barracuda and the customer are subject to the Italian substantial law under exclusion of the Vienna Convention on the International Sale of Goods of 11 April 1980.
12.2 Unique exclusive jurisdiction to settle any dispute is the court of Florence, subject to the mandatory provisions diverging on the place of jurisdiction provided for by federal law. Barracuda, however, reserves the right to sue the buyer before any other competent court.