Terms of service

GENERAL SALES CONDITIONS

Introduction

These General Conditions of Sale govern purchases made on the website www.bresciani.it (Website), owned by Calzificio M. Bresciani S.r.l., with registered office at Via Campo Romano n. 34/36, 24050 Spirano (BG), Italy, Tax Code and VAT number 00872770169, REA BG 180947, share capital Euro 42,000 fully paid up, telephone +39 035 877266, e-mail info@bresciani.it (Seller).

This English version is a translation provided for convenience. In the event of any discrepancy, the Italian version prevails.

 

Art. 1 Scope of application

1.1 The contract concerns the sale of movable goods between the Seller and the Customer through the Website. Sales on the Website are reserved for consumers, meaning natural persons acting for purposes outside any business, commercial, craft or professional activity they may carry out, pursuant to Article 3, paragraph 1, letter a) of Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code). The Customer is hereinafter also referred to as the Consumer. Retailers and other professional operators purchase through their dedicated channel.

1.2 Every sale on the Website is a distance contract pursuant to Article 45, paragraph 1, letter g) of the Consumer Code and is subject to Italian Legislative Decree no. 70 of 9 April 2003 on electronic commerce.

1.3 The General Conditions of Sale apply to all sales made by the Seller on the Website. The Seller may amend and update them at any time by publishing the new version on the Website.

1.4 The General Conditions of Sale in force on the date the order is sent apply.

1.5 Before sending the order, the Customer is required to read these General Conditions of Sale and the notices published on the Website concerning personal data protection and cookies.

1.6 By sending the order, the Customer accepts these General Conditions of Sale as provided in Art. 14.

 

Art. 2 Conclusion of the contract

2.1 In accordance with Italian Legislative Decree no. 70 of 9 April 2003, in order to conclude the purchase contract the Consumer fills in the electronic order form and sends it to the Seller electronically, following the instructions shown on the Website. Before sending, the Consumer can identify and correct any data entry errors.

2.2 The contract is concluded when the order form reaches the Seller’s server.

2.3 Once the order has been received, the Seller sends the order confirmation to the e-mail address provided by the Customer. The confirmation contains a summary of the items purchased, the price, the shipping costs, the payment method, the information on the right of withdrawal and the link to these General Conditions of Sale.

 

Art. 3 Characteristics and availability of the items

3.1 Each item is accompanied by an information page describing its main characteristics (Information Sheet).

3.2 The images and descriptions on the Website reproduce the characteristics of the items on sale as faithfully as possible. Images and colours may however differ from the real ones because of the settings of the devices used to view them. The images are therefore indicative, within normal tolerances.

3.3 All orders are subject to the availability of the items. If an item is unavailable, the Seller informs the Consumer and may propose substitute items of equal or higher quality and value, which the Consumer is free to order. If the Consumer does not wish to order the substitute items, the Seller refunds all amounts already paid.

 

Art. 4 Prices of the items and shipping costs

4.1 All prices of the items published on the Website include Value Added Tax (VAT), where applicable (see Art. 4.7 for non-EU sales), and do not include shipping costs, which are added to the amount due.

4.2 The Seller may change the price of the items at any time. The price charged to the Customer is the one shown on the Website when the order is sent and is not affected by later changes, whether increases or decreases.

4.3 Shipping costs are shown expressly and separately in the order form, before the Customer sends the order.

4.4 Shipping costs throughout Italy amount to Euro six (€ 6.00). Shipping is free for orders over Euro one hundred (€ 100.00).

4.5 For shipments within the European Union (EU 27), including Vatican City, San Marino and Principality of Monaco, shipping costs of Euro ten (€ 10.00) are charged, with free shipping for orders over Euro one hundred and thirty (€ 130.00). For Cyprus and Malta, Euro fifteen (€ 15.00) is charged, with free shipping for orders over Euro one hundred and seventy (€ 170.00). For the United Kingdom, Norway and Switzerland, Euro eighteen (€ 18.00) is charged, with free shipping for orders over Euro one hundred and seventy (€ 170.00). For the United States (USA), Dollars eleven ($ 11.00) is charged, with free shipping for orders over Dollars one hundred and forty ($ 140.00). For Iceland, Euro thirty-five (€ 35.00) is charged, with free shipping for orders over Euro two hundred and fifty (€ 250.00). For the United Arab Emirates (UAE), Euro twenty-five (€ 25.00) is charged, with free shipping for orders over Euro two hundred and fifty (€ 250.00).

4.6 For shipments to Australia, shipping costs of Euro twenty-five (€ 25.00) are charged. Shipping is free for orders over Euro three hundred (€ 300.00).

4.7 The prices published on the Website include VAT only for sales within the European Union. For sales to non-EU countries, including Australia, prices do not include customs duties, import taxes, GST (Goods and Services Tax, as in Australia) or other local taxes.

These charges, together with any customs handling fees applied by the courier (so-called brokerage fees), are borne exclusively by the recipient. Customers residing outside the European Union are invited to contact the customs authorities of their country in advance to check costs and import limits. The Seller is not liable for delays or additional costs arising from customs procedures. In the event of withdrawal, customs duties, import taxes and brokerage fees are not refunded by the Seller, which has not collected them.

 

Art. 5 Payment methods

5.1 The following payment methods are accepted on the Website: credit, debit and prepaid cards on the Visa, Mastercard, Maestro, American Express and UnionPay circuits; PayPal; MobilePay;MBway; Satispay and Bresciani Gift Card, under the conditions of Art. 13. The methods available for each order are shown on the payment page.

5.2 The charge is made only after the payment card details have been verified and the card issuer has given its authorisation.

5.3 Payment is made at the same time as the order is sent.

5.4 Failure to pay, or partial payment, prevents the purchase from being completed.

5.5 The payment card is charged when the order is transmitted.

5.6 The confidential payment card details (number, holder, expiry date, security code) are transmitted directly to the payment provider without passing through the servers used by the Seller. The Seller has no access to these details and does not store them, even when the Customer chooses to save them for future purchases.

5.7 In the case of payment by PayPal, the Customer is redirected to the PayPal website, where payment takes place according to the procedure and the contractual terms agreed between the Customer and PayPal. The data entered on the PayPal website are processed directly by PayPal and are not transmitted to the Seller. The amount due is charged by PayPal when the contract is concluded. In any case of refund, the amount is credited to the Customer’s PayPal account. The time needed for the amount to be credited to the payment instrument linked to the account depends on PayPal and the banking system.

5.8 In the case of payment by Klarna, the Customer enters into a separate relationship with Klarna, governed by Klarna’s contractual terms, which also govern any deferred payment or instalment plan. In the event of withdrawal or any other refund, the Seller notifies Klarna of the amount to be reversed and Klarna updates the Customer’s payment plan accordingly, returning any sums already paid in accordance with its own terms.

5.8-bis In the case of payment by MBway, the Customer makes the payment according to the procedure and contractual terms agreed between the Customer and the MBway service provider. Data and transactions are handled directly by the authorized payment systems without passing through the Seller's servers. In the event of withdrawal or refund, the amount is credited to the payment instrument linked to the Customer's MBway account in accordance with the network's timeframes.

5.8-ter In the case of payment by Satispay, the Customer is redirected to the Satispay application or portal, where the payment takes place according to the procedure and contractual terms agreed between the Customer and Satispay. The data entered are processed directly by Satispay and are not transmitted to the Seller. The amount due is charged by Satispay when the contract is concluded. In any case of refund, the amount is credited to the Customer's Satispay account.

5.9 For sales in Italy and in the European Union, the invoice is not issued automatically, pursuant to Article 22 of Italian Presidential Decree no. 633 of 26 October 1972, and must be requested by the Customer when placing the order. For non-EU sales, an invoice is issued for every order. Invoicing details cannot be changed once the invoice has been issued.

 

Art. 6 Delivery of the items

6.1 Orders are prepared within one to two (1-2) working days of receipt and handed over to the courier for delivery to the address provided by the Customer. From the moment the order is handed over to the courier, delivery times are indicatively as follows: Italy one to two (1-2) working days, with one additional day for Sicily, Sardinia and Calabria; Europe two to three (2-3) working days; United Arab Emirates two to three (2-3) working days; USA five to six (5-6) working days; Australia five to seven (5-7) working days. Remote areas are excluded. Shipments and deliveries take place from Monday to Friday, excluding public holidays. During the Christmas period delivery times may be longer.

6.2 Delivery times are indicative. In any case, delivery takes place within thirty (30) days of the conclusion of the contract, pursuant to Article 61 of the Consumer Code. Delivery later than the indicative times, but within the thirty (30) days, does not entitle the Customer to refuse the order or to claim damages or compensation.

6.3 If the Seller does not deliver within thirty (30) days of the conclusion of the contract, the Consumer calls upon the Seller in writing, at shoponline@bresciani.it, to deliver within an additional period appropriate to the circumstances. If the additional period also expires without delivery, the Consumer may terminate the contract and obtain a refund of the amount paid.

6.4 At the time of shipment the Customer receives by e-mail the code to track the parcel. The delivery address cannot be changed after shipment.

6.5 Upon delivery, the Customer checks that the number of parcels matches the transport document and that the packaging is intact. If the packaging is damaged, wet or altered, the Customer accepts the parcel with reservation, noting the anomaly on the carrier’s transport document.

6.6 The Customer reports transport damage, missing items and signs of tampering with the packaging to the Seller by writing to shipping@bresciani.it within five (5) days of delivery, attaching photographs of the parcel and its contents. Timely reporting allows the Seller to take action against the carrier.

6.7 The rules on the right of withdrawal and on the legal guarantee of conformity remain applicable.

 

Art. 7 Right of withdrawal

7.1 Pursuant to Article 52 of the Consumer Code, the Consumer has the right to withdraw from the contract without giving any reason, within fourteen (14) days (withdrawal period) running:

a) from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the goods;

b) in the case of multiple goods ordered in one order and delivered separately, from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the last good.

7.2 The deadline is met if the withdrawal statement is sent before the withdrawal period expires.

7.3 The Consumer may exercise the right of withdrawal, at his or her choice, in one of the following ways:

a) through the online withdrawal function described in Art. 7.4;

b) by e-mail to shoponline@bresciani.it;

c) by using the model withdrawal form set out at the end of these General Conditions of Sale, the use of which is optional;

d) by any other unequivocal statement of the decision to withdraw, including a registered letter with return receipt addressed to Calzificio M. Bresciani S.r.l., Via Campo Romano n. 34/36, 24050 Spirano (BG), Italy.

7.4 Pursuant to Article 54-bis of the Consumer Code, an online withdrawal function is available on the Website, labelled «withdraw from contract here» («recedi dal contratto qui» in the Italian version of the Website). The function is located in the footer of every page of the Website and on the «Returns and refunds» page, and is accessible throughout the withdrawal period, including to those who purchased without registering. Through the function the Consumer provides or confirms his or her name, the order number, the items for which he or she intends to withdraw if the withdrawal is partial, and the e-mail address at which he or she wishes to receive the confirmation. The Consumer submits the statement by selecting the «confirm withdrawal» button («conferma recesso» in the Italian version).

7.5 Upon receipt of the statement submitted through the online withdrawal function, the Seller sends the Consumer without undue delay, at the e-mail address provided, an acknowledgement of receipt on a durable medium, showing the content of the statement and the date and time of its submission. Within two (2) working days of the statement, however sent, the Seller sends the Consumer the instructions for the return. The acknowledgement of receipt certifies that the statement has been received. The refund follows the timing and conditions of Arts. 7.10 and 7.11 and is not made at the same time as the statement is sent.

7.6 Pursuant to Article 54, paragraph 4 of the Consumer Code, the burden of proving the exercise of the right of withdrawal lies with the Consumer, who therefore has an interest in keeping the acknowledgement of receipt or proof that the statement was sent.

7.7 The Consumer returns the goods without undue delay and in any case within fourteen (14) days of the date on which he or she communicated the withdrawal, pursuant to Article 57, paragraph 1 of the Consumer Code. The deadline is met if the goods are sent back before it expires. The goods are returned to the Seller’s registered office, Via Campo Romano n. 34/36, 24050 Spirano (BG), Italy. For orders delivered in the USA, the goods are returned to FORCELLI WAREHOUSING & DISTRIBUTION, 7 Sutton Place, Brewster, NY 10509. For orders delivered in Australia or in other non-EU countries, the goods are returned to the Seller’s registered office in Italy. The Consumer is free to choose the carrier. The Seller recommends a tracked shipment.

7.8 Pursuant to Article 57, paragraph 1 of the Consumer Code, the direct costs of returning the goods are borne by the Consumer, who also bears the risk of transport until delivery to the Seller. The Seller does not accept cash-on-delivery parcels or parcels with shipping costs payable by the recipient.

7.9 During the withdrawal period the Consumer may examine the goods as he or she would in a shop, within the limits of what is necessary to establish their nature, characteristics and functioning. Socks are delivered with an identification tag, a closing bow at the toe and tissue paper inside, in the cotton dust bag. Since socks are not worn in a shop before purchase, removing the bow and the tissue paper in order to wear them goes beyond the necessary handling. The goods are returned complete with the original tag, bow, tissue paper and dust bag, with no signs of use, washing or dirt.

7.10 Upon their return, the Seller checks the condition of the goods. Pursuant to Article 57, paragraph 2 of the Consumer Code, the Consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. In that case the Seller withholds from the refund an amount proportionate to the diminished value, which may correspond to the full price of the good when, because it has been worn, washed or soiled, it can no longer be resold as new for hygiene reasons. The Seller informs the Consumer of the deduction and of the reasons for it within five (5) working days of receiving the good, attaching photographic documentation. If the deduction covers the full price, the good remains at the Consumer’s disposal and the Consumer may ask for it to be sent back at his or her own expense within thirty (30) days of the communication.

7.11 Pursuant to Article 56, paragraph 1 of the Consumer Code, the Seller reimburses all payments received from the Consumer, including standard delivery costs, without undue delay and in any case within fourteen (14) days of the day on which it is informed of the decision to withdraw. The refund is made using the same means of payment used for the purchase, unless expressly agreed otherwise with the Consumer, and at no cost to the Consumer. Pursuant to Article 56, paragraph 2, the Seller does not reimburse the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type offered by the Seller. Pursuant to Article 56, paragraph 3, the Seller may withhold the refund until it has received the goods or until the Consumer has supplied evidence of having sent them back, whichever is the earliest.

7.12 In the event of partial withdrawal from an order containing several items, delivery costs are reimbursed in proportion to the value of the goods returned. For example, if the order includes two items, one priced at Euro fifty (50) and one at Euro one hundred and fifty (150), and the Consumer returns the second, the reimbursement of delivery costs is equal to 75% of those incurred. The reimbursement of delivery costs never exceeds the amount actually paid.

7.13 Pursuant to Article 59, paragraph 1 of the Consumer Code, the right of withdrawal is excluded for:

a) goods made to the Consumer’s specifications or clearly personalised (letter c);

b) sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (letter e). This exclusion covers underwear (undershirts, briefs and boxers), sold in sealed packaging, when the packaging has been opened. Arts. 7.9 and 7.10 apply to socks.

7.14 A withdrawal statement sent after the withdrawal period has expired has no effect and does not give rise to a refund. Any goods sent back remain at the Consumer’s disposal and the Consumer may ask for them to be returned at his or her own expense.

 

Art. 8 Return of defective or non-conforming products

8.1 A Consumer who considers an item not to be in conformity with the contract contacts the Seller at shoponline@bresciani.it, stating the order number and describing the defect, and attaches photographs documenting it.

8.2 The Seller examines the report and communicates the outcome within a reasonable time. If the item needs to be returned for verification, the Seller arranges collection at its own expense. For non-EU sales the Seller may request further photographic and video documentation before authorising the return shipment.

8.3 Once the lack of conformity has been established, the Consumer is entitled to have the goods brought into conformity by repair or replacement, at his or her choice, unless the remedy chosen is impossible or would impose disproportionate costs on the Seller compared with the other remedy, pursuant to Article 135-bis of the Consumer Code. The Consumer is entitled to a proportionate reduction of the price or to termination of the contract in the cases provided for by Article 135-bis, paragraph 4, and in particular if the Seller has not brought the goods into conformity within a reasonable period, if the defect reappears despite the attempt to bring the goods into conformity, or if the defect is so serious as to justify an immediate price reduction or termination. Termination is not permitted if the defect is minor. Repair, replacement and refund are free of charge for the Consumer and in any case take place within thirty (30) days of the communication by which the Seller acknowledges the defect. The refund is made using the means of payment used for the purchase, unless otherwise agreed.

8.4 The following are not lack of conformity: normal wear and tear due to use, changes in shape, size or colour due to washing or care not in accordance with the instructions on the label, accidental damage and damage resulting from improper use.

 

Art. 9 Legal guarantee

9.1 All items sold on the Website are covered by the legal guarantee of conformity provided for Consumers by Articles 128 et seq. of the Consumer Code, for defects existing at the time of delivery of the goods.

9.2 Pursuant to Article 129 of the Consumer Code, the goods are in conformity with the contract if they correspond to the description, type, quantity and quality indicated on the Website, are fit for the purposes for which goods of the same type are normally used and possess the qualities and features, including in terms of durability, that the Consumer may reasonably expect, given the nature of the goods and the Seller’s public statements.

9.3 Pursuant to Article 133 of the Consumer Code, the Seller is liable for any lack of conformity existing at the time of delivery which becomes apparent within two years of delivery. The action to assert defects not fraudulently concealed by the Seller is time-barred twenty-six months after delivery. Pursuant to Article 135, a defect which becomes apparent within one year of delivery is presumed to have existed on that date, unless this presumption is incompatible with the nature of the goods or of the defect.

9.4 The Seller does not provide any commercial guarantee in addition to the legal guarantee.

9.5 The guarantee and protection rights provided for in this article and in the Italian Consumer Code are without prejudice to the mandatory rights and remedies available to the Customer under the legislation in force in his or her country of residence. In particular, for Australian consumers, the consumer guarantees provided by the Australian Consumer Law (ACL) are preserved.

 

Art. 10 Force majeure

10.1 The Seller is not liable for non-performance or delay in performing the obligations under the contract caused by unforeseeable impediments beyond its control (force majeure events).

10.2 Force majeure events include, by way of example: strikes and industrial action; riots, terrorist attacks and wars; fires, explosions, floods, earthquakes, epidemics and other natural disasters; inability to use public or private means of transport or telecommunications networks; measures and restrictions imposed by any authority.

10.3 Performance of the obligations is suspended for the entire duration of the force majeure event. If delivery does not take place within the time limit of Art. 6.2, the Consumer retains the right to terminate the contract and obtain a refund pursuant to Art. 6.3.

 

Art. 11 Applicable law, jurisdiction and out-of-court dispute resolution

11.1 Contracts concluded through the Website are governed by Italian law.

11.2 Pursuant to Article 66-bis of the Consumer Code, for any dispute concerning the application, performance and interpretation of the contract, the court of the Consumer’s place of residence or domicile has jurisdiction, if located in Italy.

11.3 Pursuant to Articles 141 et seq. of the Consumer Code, a Consumer who has submitted a complaint to the Seller without the dispute being resolved may apply to one of the alternative dispute resolution (ADR) bodies included in the list kept by the Italian Ministry of Enterprise and Made in Italy, available at www.mimit.gov.it. In that case the Seller provides the information required by Article 141-sexies, paragraph 3 of the Consumer Code and states whether it intends to make use of the body indicated.

11.4 The Consumer retains the right to bring the matter before the competent ordinary court, whatever the outcome of the out-of-court procedure.

11.5 A Consumer residing in a Member State of the European Union other than Italy may also have recourse to the European Small Claims Procedure established by Regulation (EC) No 861/2007, if the value of the claim does not exceed Euro 5,000.00 (five thousand), excluding interest, expenses and disbursements. The text of the Regulation is available at eur-lex.europa.eu.

11.6 Without prejudice to Art. 11.2, in all cases of sale to non-EU consumer Customers, including Australia, the contract is governed by Italian law. Any dispute concerning the application, performance and interpretation of the contract is subject to the exclusive jurisdiction of the Court of Bergamo, Italy, without prejudice to the mandatory provisions of private international law.

 

Art. 12 Customer service and complaints

12.1 For information, communications, assistance and complaints, the Customer may contact the Seller at shoponline@bresciani.it.

 

Art. 13 Gift Card

13.1 The Bresciani Gift Card can be purchased on the Website. It is a digital voucher available in denominations of Euro twenty-five (€ 25.00), Euro fifty (€ 50.00) and Euro one hundred (€ 100.00). After payment, the Gift Card is sent by e-mail, in the form of a code, to the address provided by the Customer at the time of purchase.

13.2 The Gift Card can be used exclusively on the Website, to purchase the items on sale and to pay the related shipping costs. It cannot be used to purchase other Gift Cards.

13.3 The Gift Card has no expiry date and can be used for several purchases, until the credit is exhausted. The remaining credit stays available for later purchases. If the order amount exceeds the available credit, the difference is paid using another of the methods listed in Art. 5.1.

13.4 The Gift Card cannot be topped up, cannot be converted into cash and does not bear interest. Except in the cases provided for in Arts. 13.6 and 13.7, its amount is not refundable.

13.5 The Gift Card is a bearer voucher and may be transferred to third parties. Whoever holds the code may use it. The Customer is responsible for keeping the code safe, and the Seller is not liable for loss, theft or unauthorised use of the code after it has been sent to the e-mail address provided by the Customer.

13.6 A Consumer who has purchased the Gift Card may withdraw from the purchase within fourteen (14) days of the conclusion of the contract, in the ways set out in Art. 7.3, provided that the Gift Card has not been used, even in part. The Seller cancels the code and refunds the price using the same means of payment used for the purchase, within fourteen (14) days of the withdrawal statement.

13.7 In the event of withdrawal from an order paid in whole or in part by Gift Card, the part paid by Gift Card is refunded by re-crediting the same Gift Card. The part paid using another method is refunded to that method.

13.8 The Gift Card can be spent only with the Seller to purchase its items. It is neither electronic money nor a payment instrument subject to Italian Legislative Decree no. 11 of 27 January 2010, pursuant to Article 2, paragraph 2, letter m) of that decree.

13.9 The Gift Card is sold for consideration at its face value. It is not awarded as a prize or gift and is not linked to prize competitions or prize promotions within the meaning of Italian Presidential Decree no. 430 of 26 October 2001.

 

Art. 14 Acceptance of the General Conditions of Sale

14.1 The Customer declares that he or she has read and understood these General Conditions of Sale and accepts them in full. Acceptance takes place by ticking the relevant confirmation box on the Website before the order is sent.  

14.2 Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, by ticking the same box the Customer declares that he or she has read and expressly approves the following articles: Art. 4.7 (non-EU customs duties, import taxes and charges for UK, Switzerland, USA and other non-EU countries); Art. 6 (Delivery of the items); Art. 7 (Right of withdrawal); Art. 8 (Return of defective or non-conforming products); Art. 10 (Force majeure); Art. 11 (Applicable law and jurisdiction); Art. 13 (Gift Card).

 

Model withdrawal form

(pursuant to Article 49, paragraph 1, letter h) and Annex I, part B of the Consumer Code.

Complete and return this form only if you wish to withdraw from the contract)

 

To: Calzificio M. Bresciani S.r.l., Via Campo Romano n. 34/36, 24050 Spirano (BG), Italy, e-mail shoponline@bresciani.it

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

Order number:

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.