Terms and Conditions
Terms and Conditions for the use of the website www.beartsarshop.com
1. Definitions.
Owner: Beatrice Sartori, owner of the sole proprietorship of the same name, tax code SRTBRC00R41B563Q – VAT number 05370390287, registered in 35010 – San Giorgio delle Pertiche (PD), Via Fabio Filzi n. 13, E-mail: beatsarshop@gmail.com.
Website: www.beatsarshop.com.
Retail sale of products via the Internet.
Goods and/or services provided through the Website.
Any person who accesses and uses the Website www.beatsarshop.com.
Consumer User: The User is a natural person who acts and, specifically, concludes contracts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out.
Conditions: This contract governs the relationship between the Owner and the Users and the sale and/or supply of the products offered by the Owner via the Website.
2. Scope of application.
The timely acceptance of the Terms and Conditions contained in the Website and/or any other note, legal notice, information published or referred to therein is a necessary condition for the use of the same and the related services.
The use of the Website implies acceptance of all the Terms and Conditions listed below, as well as the provisions contained in the section “”, present on the Website itself.
Before using the Website, the User is required to carefully read these Terms and Conditions and save and/or print them for future consultation.
Any changes will have effect on the relationship with the User only for contracts concluded after said changes.
The continued use of the Website implies the User's acceptance of the updated Terms and Conditions. If the User does not wish to accept the changes, he/she must stop using the Service and may withdraw from the Agreement.
The applicable Terms and Conditions are those in force on the date of transmission of the purchase order or request for supply of a product by the User.
The Owner reserves the right to change at its sole discretion, at any time, the graphic interface of the Website, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Website, communicating to the User, where necessary, the relevant instructions.
3. Product Description.
Prices, descriptions (quality, features, delivery times and costs, additional charges, etc.) and availability of the Products are specified on the respective product pages of this Website and are subject to change without notice.
Although the Products on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product
The characteristics of the selected Product, as well as any customizations of the same chosen and/or selected by the User, will, in any case, be specified during the purchase procedure.
4. Purchase or supply request through the Website.
Purchases and/or supply requests through this Website are reserved for Users only.
Purchases and/or supply requests by natural persons Users are permitted only on condition that they are of age. Each purchase and/or supply request of Products through this Website by natural persons Users who are minors must be examined and authorised by their parents or those exercising parental responsibility over them.
Each phase, from the choice of the product to the forwarding of the order, constitutes part of the purchase procedure.
Upon sending the order by the User, the purchase price will be charged as well as taxes and any additional charges and expenses, as specified on the order page, via the selected payment provider.
The contract is considered concluded with the sending of the order confirmation to the email address indicated by the User during the purchase phase.
The User may, in any case, view the summary data of his/her order in the appropriate section of the Website, such as the order date, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and additional taxes, the delivery address, the delivery times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee of conformity of the Products.
In the event that the Product is not available during the ordinary delivery times, the Owner will inform the User of the estimated delivery or supply terms, asking the User whether he/she intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to only the Products accepted by the Owner.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his/her order, the relative confirmation and the Terms and Conditions.
5. Prices and payment methods.
During the purchase procedure and, in any case, before the order is sent to the Owner, the price including VAT, if applicable, is indicated for each Product. In addition, all possible taxes, additional costs and delivery costs that may vary in relation to the destination, the chosen delivery method and/or the payment method used will be indicated. If these expense items cannot reasonably be calculated in advance, there will in any case be an indication of which costs will be charged to the User.
The Owner reserves the right to change, at any time, the price of the Products and all possible additional costs. It is understood that any price changes will not in any way affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated on the Website and to communicate all necessary data requested.
The details relating to the accepted payment methods are highlighted during the purchase procedure.
Tutti i pagamenti vengono gestiti autonomamente da servizi terzi.
Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.
In the event that the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order and cannot be held liable in any way. In the event that the payment is not successful, the Owner reserves the right to request the User to reimburse any related expense or damage.
Ecco la traduzione in inglese del testo fornito:
6. Product Delivery Methods
Deliveries are made to the address provided by the User and in the manner specified in the order summary.
Unless otherwise stated, the delivery terms specified in the order confirmation indicate the usual time frame needed to deliver the Product from the moment the order is confirmed.
If it is not possible to provide the requested Products, the User will be promptly notified by email, indicating when the delivery is expected or explaining the reasons making delivery or supply impossible.
If the User does not wish to accept the new delivery time or delivery becomes impossible, they may request a refund of the amount paid. The refund will be credited using the same payment method used for the purchase within 14 (fourteen) days from the date the Owner is informed of the refund request.
Upon delivery, the User must verify that the Product(s) conform to the order and that the packaging is intact, reporting any anomalies immediately using the contact details provided in this document. The User may refuse delivery only if the Product is visibly damaged and may return it at no cost.
Delivery is available in the countries or territories specified in the relevant section of this Website.
The Owner is not responsible for delivery errors due to inaccuracies or omissions made by the User in the order form, or for damages or delays occurring after delivery to the courier if the courier was appointed by the User.
If the goods are not delivered or collected within the set time, they will be returned to the Owner, who will contact the User to schedule a second delivery or agree on further actions.
Unless otherwise specified, every delivery attempt after the first will be at the User’s sole expense.
7. Right of Withdrawal
The right of withdrawal under Articles 52 and following of the Consumer Code for online (distance) contracts is excluded in the case of purchase and/or supply of goods made to measure or clearly personalized, as per Article 45, letter d, of the Consumer Code—i.e., any non-prefabricated goods made based on the Consumer User’s individual choice or decision.
Outside of the aforementioned cases, Consumer Users have the right to withdraw, without penalty, from online contracts for the purchase of Products for any reason and without justification, within the following timeframes:
* for the purchase of one or more Products delivered together, the withdrawal period ends 14 days after the delivery date;
* for the purchase of multiple Products ordered together but delivered separately, or a single Product consisting of several lots or pieces delivered separately, the withdrawal period ends 14 days after the delivery of the last lot or piece.
To exercise the right of withdrawal, the Consumer User must, within 14 days of delivery, follow these steps:
* send an email to **[beatsarshop@gmail.com](mailto:beatsarshop@gmail.com)** clearly expressing their intention to withdraw from the sales contract. The Owner will confirm receipt without delay;
* complete the optional withdrawal form included with the order or use the template in Article 8 below;
* pack the Product in its original packaging (if possible), including the completed return form;
* choose a preferred shipping method and send the package to the following address:
**BEATRICE SARTORI, 35010 - SAN GIORGIO DELLE PERTICHE (PD), PIAZZETTA ELSA MINOZZI N. 12**
Return shipping costs are borne entirely by the Consumer User.
If the withdrawal is exercised correctly, unless otherwise agreed, the refund will be made using the same payment method used for the transaction, without undue delay and within 14 days from when the Owner is informed of the Consumer User’s decision to withdraw, subject to the following paragraph.
Unless the Owner has offered to collect the goods, they may withhold the refund until they have received the returned Product or the User has proven that they have shipped it—whichever occurs first.
The Owner will not accept returns if the Product is faulty due to misuse, negligence, physical damage, tampering, improper maintenance, or wear and tear, or if integral components (accessories, parts, etc.) are missing.
In such cases, the Owner will return the Product to the sender (Consumer User), charging the shipping costs.
8. Optional Withdrawal Template: SAMPLE
Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Beatrice Sartori
Piazzetta Elsa Minozzi, 12
35010 - San Giorgio delle Pertiche (PD)
I, the undersigned \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ hereby notify my withdrawal from the sales contract for order no. \_\_\_\_\_\_\_\_\_\_, placed on \_\_\_\_\_\_\_\_\_\_\_\_\_\_, received on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, for the following Product(s):
---
I commit to returning the Products at my own expense without undue delay and, in any case, within 14 days from the delivery date. I also request a refund of the amount paid, equal to Euro \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
Sincerely,
Signature \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
9. Exclusion of the Right of Withdrawal for Non-Consumer Users
The right of withdrawal does not apply to non-consumer Users. By entering a VAT number in the order, the User acknowledges that they qualify as a non-consumer User, for whom the right of withdrawal is not provided.
10. Product Conformity Guarantee for Consumer Users
Consumer Users are entitled to the legal conformity guarantee under Articles 128 et seq. of Legislative Decree no. 206/2005 for all Products sold via the Website that fall under the category of "consumer goods" as defined in Article 128, paragraph 2, of the Consumer Code.
The conformity guarantee is reserved for Consumer Users only.
The Owner must deliver Products conforming to the sales contract. Products are presumed to be in conformity if:
a) they are suitable for the intended use of goods of the same type;
b) they match the description given and possess the qualities of samples or models shown;
c) they offer the quality and performance typical of the same kind of goods that the Consumer User can reasonably expect, taking into account the nature of the Product and any public statements;
d) they are suitable for any specific use requested by the Consumer User, provided the Owner agreed, even implicitly.
This guarantee does not cover faults or malfunctions caused by accidents, misuse, negligence, or failure to follow instructions, including "Manufacturer’s Tips."
A lack of conformity appearing within 24 months of delivery must be reported within 2 months of discovery.
Unless proven otherwise, conformity defects appearing within 2 months of delivery are presumed to have existed at the time of delivery. After 2 months, the burden of proof falls on the Consumer User.
Under Article 135 bis of the Consumer Code, in the case of a conformity defect, the Consumer User is entitled to have the Product restored to conformity at no cost, either by repair or replacement (unless this is impossible or excessively costly).
The Consumer User may also request a price reduction or contract termination if:
a) repair/replacement is not carried out;
b) the defect persists despite attempts to fix it;
c) the defect is severe enough to justify immediate contract termination;
d) the seller refuses or fails to restore conformity within a reasonable time.
To activate the conformity guarantee, the Consumer User must email **[beatsarshop@gmail.com](mailto:beatsarshop@gmail.com)**.
The Owner will respond promptly and provide instructions based on the Product and defect.
11. Service Interruption
To ensure optimal service quality, the Owner may temporarily interrupt the Service for maintenance, system updates, or other modifications, informing Users accordingly.
Within legal limits, the Owner may suspend or terminate the Service. In such cases, the Owner will allow Users to retrieve their personal data and information.
The Service may also be unavailable due to external causes (e.g., infrastructure failures, blackouts).
The Owner is not liable for service issues caused by internet failures beyond their control or that of their providers.
12. Limitation of Liability
The Owner is not liable for damages, losses, or costs suffered by the User due to non-performance of the contract caused by external factors. The User is only entitled to a refund of any amount paid.
The Owner is not responsible for any fraudulent or illegal use of payment methods by third parties, as they do not have access to such data.
The Owner is not liable for:
* business losses or other indirect losses not directly caused by a contract breach;
* incorrect or inappropriate Website use by Users or third parties;
* incorrect fiscal data due to User error.
The Owner is not responsible for failure or delay in fulfilling obligations due to force majeure or events beyond their control. Obligations are suspended for the duration of such events.
13. Links to Third-Party Websites or Apps
The Website may contain links to third-party sites or apps. The Owner does not control and is not responsible for their content.
14. Intellectual Property
Unless otherwise specified, intellectual and industrial property rights (e.g., copyrights, trademarks, patents) related to this Website belong exclusively to the Owner or its licensors.
All marks, signs, business names, service marks, illustrations, images, or logos associated with this Website are the exclusive property of the Owner or its licensors.
Nothing on the Website or its social pages grants license or rights to use such content.
The User may reproduce or share materials solely for personal use, with proper attribution and indication of any modifications.
Commercial use requires prior written authorization.
**Beatsar®** is a registered trademark owned by **Beatrice Sartori**, who monitors and enforces intellectual property rights.
15. Contacts
All communications regarding use of the Website must be sent to the contact details in this document.
16. Severability Clause
If any provision is deemed invalid or void, the remaining provisions remain in force. The parties agree to replace any invalid clauses with valid ones of equivalent content and purpose.
If no agreement is reached, and where permitted, the invalid clause shall be replaced by applicable legal provisions.
17. Privacy Policy
Personal data will be handled according to the Privacy Policy available on the Website's Privacy Policy page.
18. Governing Law and Jurisdiction
Italian law applies. For Consumer Users, disputes will be resolved by the court of the User’s residence or elected domicile in Italy, unless the User chooses a different jurisdiction under Article 66-bis of the Consumer Code.
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