Terms & Conditions

Terms and Conditions


This document contains the general terms and conditions on the basis of which the use of the website is offered to users
BaruZcard.it which offers Purchase of New Products.


1. Definitions

To allow for a complete understanding and acceptance of these terms and conditions, the following terms, singular and
plural, will have the meaning indicated below:

Owner: Marco Baruzzo, Via Caduti del Lavoro, 55 - 19021 Arcola (SP) CF BRZMRC89E10I449N, VAT number 01520250117, PEC address marcobaruzzo@pec.it

Application: the website baruzcard.it

Products: the products provided to the user by the Owner

User: any person who accesses and uses the Application

Consumer User: the adult natural person who enters into a contract for purposes outside of his/her entrepreneurial, commercial, artisanal or professional activity, if any

Conditions: this contract which regulates the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.


2. Scope of application of the Conditions

Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Application or the
related services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to vary at its own discretion, at any time even after the User's registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.


3. Purchase or request for supply via the Application

All the Products offered through the Application are described in detail on the relevant product pages (quality,
characteristics, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies or small differences may arise between what is published on the Application and the actual Product. Furthermore, any images of the
Products are representative only and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products via the Application are permitted to Consumer Users.
For natural persons, purchases and/or requests for supplies are permitted only on condition that they are of age. For minors, each purchase and/or request for supply of Products through the Application must be examined and authorized by parents or those exercising parental responsibility.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be considered as a contractual proposal for purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as per the provisions of the
described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason whatsoever.
The contract for the sale or supply of the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User or by displaying an order confirmation web page, which will report the date of the order, the User's data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale or supply of the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking whether he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to 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 Conditions.


4. Registration

To use the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and the Conditions.
The User is responsible for safeguarding his/her access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to
immediately inform the Owner in the event that you suspect or become aware of any improper use or disclosure of the same.
The User guarantees that the personal information provided during the registration process is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in
in any way connected to the violation by the User of the rules on registration to the Application or on the conservation of registration credentials.


5. Account cancellation and closure

The registered User may stop using the Application at any time and deactivate his/her account or request its cancellation through the Application interface, if possible, or by sending a written communication to the email address
baruzcard@gmail.com or by calling customer service at 3288853914.
In the event of violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.


6. Prices and payments

For each Product, the price is indicated including VAT, if applicable. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
Furthermore, any taxes, additional costs and delivery costs that may vary depending on the destination, the chosen delivery method and/or the payment method used will be indicated. If such items of expenditure cannot reasonably be calculated in advance, there will be an indication of which costs will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and all possible additional costs. It is understood that any price changes will not in any case affect contracts already concluded before the modification.
The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all necessary data requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).
Should such third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held liable in any way.


7. Billing

The User who wishes to receive the invoice will be asked for the billing data. For the issuing of the invoice, the information provided by the User will be valid, which he declares and guarantees to be true, releasing to the Owner the widest
indemnity in this regard.


8. Delivery methods of material Products

The material Products and/or digital goods supplied on a material medium will be delivered to the address indicated by the User, with the methods and within the time frame chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the
Delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the requested Products, the User will be promptly notified via email, indicating when it is expected that they will be delivered or the reasons that make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he/she may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. In the event that there is evident damage to the packaging and/or the Product, the User may refuse delivery of the
Product and may return it without any expense to you. Once the delivery document has been signed, the User may not raise any objection regarding the external characteristics of the Products delivered.
The Owner shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract due to force majeure.


9. Right of withdrawal of Consumer Users from the purchase of material Products

Only the Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address baruzcard@gmail.com, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 1-4 day term for exercising the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the
direct cost of returning the Product, unless the Owner has declared that he will bear it.
In the event of withdrawal exercised correctly, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which
the User has communicated that he wishes to withdraw from the contract.
The Owner is not required to reimburse delivery costs if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the latter the shipping costs.


10. Optional form to exercise the right of withdrawal

The User may withdraw using the following form which must be filled in in its entirety and sent to the email address baruzcard@gmail.com before the expiry of the withdrawal period:

I hereby communicate my withdrawal from the sales or supply contract relating to the following product __________
Order number:_______
Ordered on: _______
Name and Surname: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________

10. 1📜 Clause for the exclusion of the right of withdrawal

Exclusion of the right of withdrawal – Goods subject to market fluctuations

Pursuant to art. 59, paragraph 1, letter b) of Legislative Decree 206/2005 (Consumer Code), the user is informed that the right of withdrawal is not provided for the purchase and sale of collectible game cards (such as, for example, Pokémon, Magic: The Gathering, Yu-Gi-Oh! and similar), the value of which is subject to rapid market fluctuations that cannot be controlled by BaruzCard , and which may also occur during the period of time provided for exercising the right of withdrawal.

By making the purchase, the consumer expressly accepts this condition and waives the right to reconsider, aware of the nature of the purchased good and its characteristics of economic volatility.


11. Guarantee of conformity of material Products for Consumer Users

The legal guarantee of conformity, provided for by articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall into the category of "consumer goods", as regulated by art. 128, 2nd paragraph of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or in any case sold in other ways by judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a determined quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner has the obligation to deliver to the Consumer User Products that comply with the sales contract. It is assumed that the Products
are in conformity with the contract if, where relevant, the following circumstances coexist:

a. are suitable for the use for which goods of the same type are normally used

b. they conform to the description given by the Owner and possess the qualities of the goods that the seller has presented to the User
Consumer as a sample or model

c. have the quality and performance which are normal in goods of the same type, which the Consumer User can reasonably expect
to be expected, taking into account the nature of the Product and, where applicable, public statements on the specific characteristics of the
Products made in this regard by the Owner, the manufacturer or his agent or representative, in particular in advertising or
on labelling

d. are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of conclusion of the contract and which the Owner has also accepted by conclusive facts.

Any faults or malfunctions caused by are therefore excluded from the scope of the guarantee of conformity.
accidental events or those resulting from the responsibility of the Consumer User or from use of the Product that is not compliant with its intended use and/or with what is provided for in the attached technical documentation.
Any lack of conformity which becomes apparent within 24 months of the date of delivery of the Product must be reported within 2 months of the date of discovery of the defect.

Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to have the Product restored to conformity, free of charge. To this end, the Consumer User may choose between repairing the Product or replacing it.

This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous.
Furthermore, the Consumer User has the right to an appropriate reduction in price or to the termination of the contract, only if one of the following situations occurs:
(i) repair and replacement are impossible or excessively expensive;
ii) the Owner has not repaired or replaced the product within a reasonable time;
iii) the replacement or repair has caused significant inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he/she must send a written communication to the e-mail address baruzcard@gmail.com or by calling customer service at 3288853914.
The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect.
reported.


12. Contents sent by Users

The User may upload Content to the Application, provided that it is not illicit (i.e. obscene, threatening, defamatory, pornographic, abusive or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or is not in any way harmful to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass emails or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to indemnify and hold the Owner harmless from any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through his/her account by adults. For minors, the sending of Contents must be screened and authorized by parents or those exercising parental responsibility.
The User is fully and exclusively responsible for the use of the Application with regard to the publication functions,
consultation, management of the Contents and contact between Users and is therefore the only guarantor and responsible for the correctness,
completeness and lawfulness of the Contents and of one's conduct.
It is prohibited to use an email address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his/her identity, or in any other way to falsely declare the origin of the Contents.
The Owner is not able to ensure precise control over the Contents received and reserves the right at any time to
delete, move, modify those that, in its sole discretion, appear to be illicit, abusive, defamatory, obscene or infringing on copyright and trademark rights or in any case unacceptable.
Users grant the Owner a non-exclusive right of use on the Contents sent, without limitations of geographical areas. The Owner may therefore, directly or through third parties of his trust, use, modify, copy, transmit, extract, publish,
distribute, publicly perform, broadcast, create derivative works from, host, index, cache, annotate, encode, modify, and adapt (including without limitation the right to adapt for transmission in any form)
communication) in any form, any Content (including images, messages, even audio and video) that may be sent by the User, even through third parties.
The Contents sent will not be returned and the Owner will not be liable towards the Users for the loss, modification or destruction of the Content transmitted.
It is expressly prohibited, unless explicitly authorized by the Owner:
i) the use of automatic announcement loading systems, except those expressly authorized, ii) the serial publication and/or management of announcements on behalf of third parties by any means or method, iii) reselling the Owner's services to third parties.


13. Exclusion of warranty

The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied representations or warranties in relation to the Application, nor does it provide any warranty that the Application will meet the Users’ requirements or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available 24 hours a day, without interruption, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time.
moment or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the control of the Owner or due to force majeure events.
greater.


14. Limitation of Liability

The Owner cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of the failure to execute the contract for reasons not attributable to him, the User being only entitled to the possible full refund of the price paid.
and any additional costs incurred.
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used.
(credit card number, cardholder name, password, etc.)
The Owner will not be responsible for:
any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that is not a direct consequence of the violation of the contract by the Owner incorrect or unsuitable use of the Application by Users or third parties the issuing of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being the only person responsible for the correct insertion.
In no event shall the Owner be held liable for an amount greater than double the cost paid by the User.


15. Force majeure

The Owner cannot be held responsible for the failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.
greater.
The Owner will take any action within his power to identify solutions that allow for the correct fulfillment of the
own obligations despite the persistence of force majeure events.


16. Links to third party sites

The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and,
therefore, it is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for use of the site/application and for the use of the service will apply to the individual services
prepared by third parties, for which the Owner assumes no responsibility.


17. Privacy

The protection and processing of personal data will be in accordance with the Privacy Policy which can be consulted on the page https://poke-baruz.company.site/pages/privacy-poli...


18. Applicable law and competent court

The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
The application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communication of the same and the legal guarantee of conformity.



19. Online dispute resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used
by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform to resolve any
dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/


20. Shipping and Pre-order Information

20.1 STANDARD SHIPPING

Shipments of available products are carried out within 24 hours of receiving the order if the product is actually available in stock

Pre-order products are expected to ship a few days before the official release of the product, which is shown on the product sheet.

Standard shipping is free for orders over €99.90

- Disclaimer for Damage or Loss of Package

Baruzcard.it informs that, once the package has been entrusted to the courier for shipment to the final customer, it assumes no responsibility for any damage, loss or delay that may occur during transport.

This disclaimer applies to all situations not directly under the control of Baruzcard.it, such as:

- Errors by the courier;

- Lost package;

- Damage incurred during delivery;

- Unforeseen delays;

- Other unforeseeable events beyond the control of the sender.

✅ Baruzcard.it guarantees to correctly carry out all the operations of preparation for shipping , including adequate packaging and correct labelling of the package.

📌 Customer Acceptance

The customer hereby declares to be aware and accept that:

- From the moment the package is handed over to the courier, you assume all risks relating to transport , including any damage, loss or delays;

- Any requests for compensation must be addressed directly to the courier , according to the methods established by the latter;

- Baruzcard.it will not be held responsible for any loss or damage occurring after delivery to the courier.

🛡 Insured Shipping (Optional)

The customer can request insured shipping which provides full coverage of the value of the order in case of damage or loss .
👉 The cost of this service is equal to 10% of the total value of the order .

For further details, please see Section 20.3 – INSURED SHIPPING in our Terms and Conditions.

📝 This declaration is drawn up pursuant to articles 1229 and 1469-bis of the Civil Code, in compliance with current Italian regulations on contracts between professionals and consumers.

20.2 SHIPMENTS VS AIGRADING

Shipping Disclaimer – AiGrading

Baruzcard.it informs its customers that, once the package has been entrusted to the courier for shipment to AiGrading , it assumes no responsibility for any damage, loss, delays or poor service that may occur during transport.

This limitation of liability concerns all situations that do not depend directly on Baruzcard.it, including – by way of example but not limited to –:

Errors by the courier;

Lost package;

Damage caused during transportation;

Unforeseen or unforeseeable events beyond the control of the sender.

✅ Baruzcard.it guarantees that the package has been correctly packed, labeled and delivered to the courier , following all the procedures required for safe shipping.

📌 Customer acceptance

By delegating the shipment of Baruzcard cards, the customer declares to be aware and accept that:

- The risk of loss or damage to the package passes entirely to you from the moment of delivery to the courier ;

- Any complaints or requests for compensation must be addressed directly to the courier , according to the methods established by it;

- Baruzcard.it is exempt from any liability for damages, delays or losses that occur after shipment.

This communication is drafted pursuant to Articles 1229 and 1469-bis of the Civil Code, in compliance with current Italian regulations regarding contracts between professionals and consumers.

20.3 INSURED SHIPPING

Insured Shipping – Terms and Conditions

If you choose insured shipping , the customer knowingly accepts a supplement equal to 10% of the total value of the order, in order to insure the entire purchase amount.

This option guarantees the customer greater protection in the event of:

- Loss of the package by the courier;

- Visible and documentable damage suffered by the package during delivery (in this case the refund will be proportionate to the extent of the damage actually found);

- Shipping errors attributable to the courier;

- Unforeseen events beyond the control of the sender (e.g. theft, accidents, natural disasters, etc.).

In all the cases indicated above, it will be Baruzcard's responsibility to provide a refund of the insured amount, in full or in part depending on the situation , after verifying the incident and in compliance with the timeframes and methods established by current legislation.

20.4 PRE-ORDERS AND CANCELLATIONS

Pre-orders – Terms and Conditions (in compliance with Italian law)

Products sold via pre-order fall into the category of goods that are not immediately available , often linked to the collectibles market and subject to production limitations, allocations by distributors or unexpected variations in delivery times . Consequently, specific conditions apply:

1. Pre-order Binding

- The pre-order is to be considered binding pursuant to art. 59 of the Consumer Code, letter d), as these are clearly personalized goods or ordered on request .

- By accepting these conditions at the time of purchase, the customer waives the standard right of withdrawal provided for online purchases.

2. Possibility of Cancellation

- Upon customer request , BaruZcard may consider canceling the pre-order before shipping. In this case, a fee equal to 10% of the amount paid will be retained , to cover transaction, management and allocation costs.

- The same withholding also applies in the event of cancellation for reasons not attributable to the seller (e.g. second thoughts, delays attributable to third-party suppliers, etc.).

3. Returns and Refunds

Once you have received the product, you can exercise the right of return , provided that:

- The product is intact , unopened and in the same condition in which it was received;

- The customer shall bear the return costs ;

- The return is not motivated by a non-conformity attributable to BaruZcard .

In the event of a return of a non-defective pre-order, the 10% commission will still be retained to cover the costs incurred.

4. Product Availability

- Pre-orders do not guarantee delivery with absolute certainty : in some cases, for reasons beyond BaruZcard's control (e.g. limitations imposed by the distributor or the manufacturer ), the product may not be allocated or delivered .

- In these cases, the customer will receive a full refund with no deductions , as required by law.

This information is drawn up in compliance with Legislative Decree 206/2005 (Consumer Code) , with particular attention to the exceptions provided for made-to-order and collectible products .


Priority assignment in case of allocation:


1) Historical Pokemon customers who have never cancelled anything and who consistently buy over time
2) Historical Pokemon Customers who have been buying consistently for a long time
3) New Pokemon customers with at least 3 pre-ordered sets
4) Historical Customers
5) Small orders
6) Bulk Orders --- These will be the first ones to be touched in order to be able to give product to everyone