Termini e condizioni del servizio
1. Scope
These Terms of Service apply to all purchases made through the Backrooms online shop.
The online shop is intended primarily for consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
By placing an order through our online shop, you agree to these Terms of Service.
2. Contractual Partner and Formation of the Contract
The contractual partner is:
Backrooms di Alberto Cerminara
Via Cardinal Raimondi 12
15011 Acqui Terme (AL)
Italy
VAT ID: IT02773380064
Email: info@backroomsrec.net
The presentation of products in our online shop does not constitute a legally binding offer. By placing a product in the shopping cart, you may review and modify your order before submitting it.
By clicking the button to place your order, you submit a binding offer to purchase the products contained in your shopping cart.
The contract is concluded when we accept your order. Acceptance may take place by sending an order confirmation by email or by otherwise confirming the order.
If individual products are unavailable after your order has been placed, we will inform you without undue delay and refund any payment already made for those products.
3. Contract Language and Storage of the Contract
The language available for concluding the contract is English.
We will send you the order confirmation and relevant order information by email.
The order data and applicable contractual terms may also be stored electronically by us and/or by Shopify for the purposes of processing the transaction, customer service and compliance with legal obligations.
4. Products, Prices and Availability
Product descriptions, images and other information displayed in our online shop are intended to provide an accurate description of the products.
Minor variations in colour or appearance may occur depending on your screen, browser or other technical factors.
All prices displayed in the online shop are stated in EUR (€) and include VAT where applicable, unless otherwise expressly indicated.
Shipping costs, where applicable, are shown separately during the ordering process before you submit your order.
We reserve the right to correct obvious errors in product descriptions, prices or availability.
5. Delivery
5.1 Delivery address
We ship orders to the delivery address provided by you during the ordering process.
You are responsible for ensuring that the delivery information provided is complete and accurate.
If a delivery cannot be completed because incorrect or incomplete information was provided by you, we may contact you to arrange a new delivery.
5.2 Shipping costs
Shipping costs are displayed during the ordering process before the order is placed.
The applicable shipping cost may depend on the destination, the products ordered and the selected shipping method.
5.3 Delivery times
Estimated delivery times are displayed on the relevant product page or during the checkout process where available.
Delivery times are estimates and may be affected by circumstances outside our reasonable control, including delays caused by carriers, customs authorities or other third parties.
5.4 Fulfilment by third parties
Certain apparel products may be produced and/or fulfilled by external production and fulfilment partners acting on our behalf.
Where applicable, your order information will be transferred to the relevant fulfilment partner solely to manufacture, prepare and deliver the ordered products.
Other products, including certain physical releases and merchandise, may be stored and shipped directly by Backrooms.
6. Payment
The payment methods available to you are displayed during checkout.
Payment is processed through the payment providers made available by Shopify and/or by us through the online shop.
Depending on the payment method selected, payment may be processed directly by the relevant payment provider.
The terms and conditions and privacy policies of the respective payment provider may also apply.
An order is only considered fully paid once the applicable payment has been successfully received or authorised.
7. Retention of Title
Products remain our property until the purchase price has been paid in full, to the extent permitted by applicable law.
8. Right of Withdrawal
If you are a consumer residing in the European Union, you generally have a statutory right of withdrawal of 14 days without having to provide a reason.
The withdrawal period expires 14 days after the day on which you, or a third party designated by you other than the carrier, acquire physical possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision by means of a clear statement, for example by email to:
You may use the following wording:
"I hereby inform you that I withdraw from my contract of sale for the following goods: [product], ordered on [date] and received on [date]. Name: [name]. Address: [address]. Date: [date]."
You may also use another clear statement expressing your decision to withdraw from the contract.
Exceptions to the right of withdrawal
The statutory right of withdrawal does not apply in cases where an applicable legal exception exists.
In particular, this may include goods that are made to the consumer's specifications or clearly personalised, where applicable.
Nothing in these Terms of Service limits any mandatory consumer rights granted by applicable law.
9. Consequences of Withdrawal
If you validly withdraw from a contract, we will reimburse the payments received from you, including the standard delivery costs, without undue delay and no later than 14 days from the day on which we receive notification of your withdrawal.
We may withhold reimbursement until we have received the returned goods or you have provided evidence that you have sent the goods back, whichever occurs earlier.
We will make the reimbursement using the same payment method used for the original transaction unless otherwise agreed with you.
You must return the goods without undue delay and, in any event, no later than 14 days from the day on which you notified us of your withdrawal.
Unless otherwise agreed or required by law, you bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
10. Returns
For returns that are not based on the statutory right of withdrawal, our voluntary return conditions, if any, are described separately on the relevant product or returns page.
Unless otherwise stated, voluntary returns do not affect your statutory consumer rights.
For apparel produced or fulfilled by an external production partner, returns and refunds are subject to the applicable statutory rights and the specific return conditions communicated for the relevant product.
Size exchanges are not guaranteed and may not be available for made-to-order apparel.
If a product is defective, damaged or does not conform to the contract, please contact us before returning it so that we can provide the appropriate instructions.
11. Damage During Delivery
If your order arrives visibly damaged, we recommend documenting the damage and contacting us as soon as possible at:
Please retain the packaging and the damaged product until the matter has been resolved.
Failure to report transport damage does not limit your statutory consumer rights.
12. Legal Guarantee for Defective Goods
We are legally required to provide goods that conform to the sales contract.
If a product is defective or does not conform to the contract, you are entitled to the statutory remedies provided by applicable consumer protection law.
For consumers residing in the European Union, these rights may include repair, replacement, price reduction or termination of the contract, depending on the circumstances and applicable law.
Any voluntary guarantees offered for a particular product will be described separately on the relevant product page or accompanying documentation.
Statutory consumer rights are not affected by any voluntary guarantee.
13. Customer Service
For questions concerning orders, products, deliveries, returns or complaints, please contact:
Backrooms di Alberto Cerminara
Via Cardinal Raimondi 12
15011 Acqui Terme (AL)
Italy
Email: info@backroomsrec.net
We aim to respond to customer enquiries as soon as reasonably possible.
14. Liability
We are liable in accordance with applicable law.
Nothing in these Terms of Service excludes or limits liability where such exclusion or limitation is prohibited by law.
In particular, nothing in these Terms limits liability for death or personal injury caused by negligence, intentional misconduct, fraud, or any other liability that cannot legally be excluded or limited.
Mandatory statutory consumer rights remain unaffected.
15. Intellectual Property
All content made available through the Backrooms website, including but not limited to logos, artwork, photographs, graphics, texts, music-related materials and other visual or creative content, is protected by applicable intellectual property laws unless otherwise stated.
You may not reproduce, distribute, modify, commercially exploit or otherwise use such content without our prior written permission, except where such use is permitted by mandatory law.
The purchase of a product does not transfer any intellectual property rights in the Backrooms brand, artwork, recordings or other protected content.
16. Privacy
Personal data collected and processed in connection with orders and use of our online shop is processed in accordance with our Privacy Policy.
Our Privacy Policy explains what personal data we collect, why we process it, how it is shared and what rights you have under applicable data protection law.
17. Applicable Law
Italian law applies to these Terms of Service, subject to any mandatory consumer protection provisions applicable in the country in which you have your habitual residence.
If you are a consumer residing in another EU Member State, you continue to benefit from any mandatory provisions of the law of that country that cannot be contractually excluded.
18. Dispute Resolution
We aim to resolve customer complaints directly and amicably wherever possible.
Consumers may have access to alternative dispute resolution procedures through consumer dispute resolution bodies established under applicable national or EU law.
Nothing in this section limits your right to bring proceedings before the competent courts or to exercise any other statutory consumer rights.
19. Changes to These Terms
We may update these Terms of Service from time to time, for example to reflect changes to our services, products, payment methods or applicable legislation.
The version applicable to your purchase is the version in force at the time the order is placed.
The current version of these Terms of Service will always be made available on our website.
Backrooms di Alberto Cerminara
Via Cardinal Raimondi 12
15011 Acqui Terme (AL)
Italy
VAT ID: IT02773380064
Email: info@backroomsrec.net