General Sales Conditions
Foreword
This information is provided for the
Website "www.bresciani.it", owned by Calzificio M. Bresciani S.r.l.,
with registered office in 24050 - Spirano (Bg) at Via Campo Romano n. 34/36,
Tax Code and VAT no. 00872770169, share capital 42,000 Euros, telephone number
+39.035.877266, e-mail address www.bresciani.it (Seller). IVA 00872770169,
share capital 42.000 Euro, telephone number +39.035.877266, e-mail address
info@bresciani.it (Seller).
1. Scope of Application
1.1 This contract has as its object the
sale of goods between the Seller, Calzificio M. Bresciani S.r.l., and the
Customer (Consumer), through the Web Site "www.bresciani.it".
1.2 Any sale on this Web Site constitutes
a distance contract disciplined by art. 45, lett. g) of the Consumer Code and
by the Legislative Decree 9 April 2003 n. 70 (implementation of the Directive
2000/31/CE), containing the discipline of the "electronic commerce".
1.3 These General Conditions of Sale apply
to all sales made by the Seller on the Website and may be amended and updated
at any time by the Seller.
1.4 The applicable General Conditions of
Sale are those in force on the date the purchase order is sent.
1.5 Before using the Website, the Customer
is required to carefully read these General Conditions of Sale, as well as all
the information that the Seller provides on this Website (such as the
information on cookies and the information on the protection of personal data).
1.6 The use of the Website and the
forwarding of the purchase order implies the full and express acceptance of
these General Conditions of Sale, as well as of the above mentioned
information.
2. Contract conclusion
2.1 In compliance with Legislative Decree
no. 70 of 9 April 2003, the Seller informs the Consumer that in order to
conclude the purchase contract on this Website, the Consumer must fill out an
order form in electronic format and send it to the Seller, electronically,
following the instructions that shall appear on the Website from time to time.
2.2 The contract shall be deemed concluded
when the order form is received by the Seller's server.
2.3 Once the order form has been received,
the Seller shall send an order confirmation containing information on the
characteristics of the purchase and the price to the e-mail address indicated
by the Customer.
3. Items characteristics and availability
3.1 Each item is accompanied by an
information page that illustrates its main characteristics (Information Sheet).
3.2 The images and descriptions on the
Website reproduce as faithfully as possible the characteristics of the items
offered for sale. However, the images and colours may differ from the real ones
due to the settings of the computer systems or computers used to display them,
or due to their size or in relation to any accessory products. Such images must
therefore be understood as indicative and within the tolerances of use.
3.3 All orders for items are subject to
their availability. Therefore, in the event of supply problems, or if there are
no items in stock, the Seller reserves the right to provide the Consumer with
information on replacement products of equal or higher quality and value, which
the latter may decide to order. If the Customer does not wish to place an order
for such replacement items, all amounts already paid shall be refunded.
4. Items prices and shipping costs
4.1 All the prices of the items published
on the Website are inclusive of Value Added Tax, but exclude shipping costs,
which must therefore be added to the total amount due.
4.2 The Seller reserves the right to
change the price of the items at any time and without prior notice. In any
case, it is understood that the price charged to the Customer will be the one
indicated on the Site at the time the order is placed, therefore any variations
(upwards or downwards) following the transmission of the order will not be
taken into account.
4.3 Shipping costs, if any, are expressly
and separately indicated on the order form, before the user proceeds to
transmit it.
4.4 The shipping costs for the entire
national territory amount to Euro 6 and are applied to all orders of an amount
lower than Euro ninety-nine (99).
4.5 For shipments to be made within the European Community (including Vatican City
and San Marino), shipping costs of nine (9)euro will charged, excluding United Kingdom,Norway,Switzerland,Cyprus,
Malta, which amount thirteen (13) euro, and thirtyfive (35) for Iceland, for all
orders an lower than one hundred twenty
(120).
Shipping is free for orders over one
hundred twenty dollars (120).
For orders under two hundred and fifty (250) a shipping fee of Euro
twenty five (25) will be applied to orders shipping to the UAE (United Arab
Emirates).
Shipping is free for orders over Euro two hundred and fifty (250) .
Any customs charges shall be cleared by
the recipient, therefore the Customer is invited to contact the customs
authorities of his country in advance in order to check the costs and any
import limits.
5. Types of payment
5.1 The following payment methods are
accepted on the Website: credit card (VISA and MasterCard circuits), PayPal
service.
5.2 The charge will only be made after the
verification of the data of the payment card used and after the issue of the
debit authorisation by the card issuer.
5.3 Payment must be made at the same time
as the order confirmation and no later than this term, which is to be
considered peremptory and essential, unless otherwise agreed in writing with
the Seller.
5.4 Failure to pay and/or partial payment
within the terms described above will prevent the completing of the purchase on
the Website.
5.5 The payment card indicated shall be
debited at the time of transmission of the purchase order.
5.6 The confidential data of the payment
card (card number, holder, expiry date, security code) are transmitted directly
to the payment provider without passing through the servers used by the Seller.
The Seller, therefore, never has access to and does not store the data of the
card used by the Customer to pay for the items, not even if the Customer
chooses to store the card data on the Site.
5.7 In case of payment through the PayPal
service, the Customer is redirected to the Website www.paypal.it where the
payment is made according to the procedure provided by PayPal and to the terms
and conditions agreed between the user and PayPal. The data entered on the
PayPal Site will be processed directly by PayPal and will not be transmitted
and/or shared with the Seller. The Seller, therefore, is not able to know and
does not store in any way the data of the payment card connected to the
Customer's PayPal account, nor the data of any other payment instrument
connected to that account. In the case of payment by PayPal, the total amount
due will be debited by PayPal at the same time as the contract is concluded
through the Website. In case of termination of the purchase contract and in any
other case of refund, the amount to be refunded will be credited to the
Customer's PayPal account. The timing of the crediting to the payment
instrument connected to that account depends exclusively on PayPal and the
banking system. Once the crediting order has been placed in favour of such
account, the Seller shall not be held liable for any delays or omissions in
crediting the refund amount, for which the Customer must contact PayPal
directly and exclusively to contest such delays or omissions.
6. Items delivery
6.1 The delivery times indicated in the
shipping confirmation are neither mandatory nor peremptory, but only indicative,
but in any case cannot exceed thirty (30) days from the date of conclusion of
the contract, unless otherwise agreed between the parties, pursuant to art. 61
of the Consumer Code.
6.2 Any delivery beyond the approximate
terms indicated, but in any case within thirty (30) days from the conclusion of
the contract, shall not attribute any responsibility to the Seller and shall
not entitle the Customer to refuse delivery of the order and/or to request any
compensation or indemnity.
6.3 If the Seller fails to deliver within
the term of thirty (30) days from the conclusion of the contract or within the
agreed term, the Consumer must ask the Seller in writing, at the following
e-mail address shoponline@bresciani.it, to make the delivery within an
additional term appropriate to the circumstances. If this additional period
also expires without the items having been delivered, the consumer may
terminate the agreement.
6.4 It is the consumer's responsibility to
check the condition and number of the items delivered, as well as any visible
damage to the packaging.
6.5 If the packaging is damaged, wet or in
any case altered, including the sealing materials, the Customer shall indicate
any anomalies found on the carrier's transport document, accepting the package
with reserve. In the event that the consumer who has accepted the order with
reservation, making notations on the delivery note, should realise that the
articles contained in the defective packaging have been damaged during
transport, he must notify the Seller in writing at the following email
shop@bresciani.it, within and no later than five (5) days from delivery, a
peremptory and essential term after which no further objection will be accepted
for problems relating to transport.
6.6 In the event that the package shows
evident signs of tampering and/or alteration, the Customer is obliged to notify
the Seller in writing to the aforementioned email address, within the
peremptory and essential term of five (5) days from delivery of the order.
6.7 In any case, the application of the
rules on the right of withdrawal (if any) and the legal guarantee of conformity
shall remain unaffected.
7. Right of withdrawal
7.1 Pursuant to and for the purposes of
Article 52 of the Consumer Code, the Consumer has the right to withdraw from
the contract, without providing any reason and only bearing the costs to return
the goods to the Seller, within and no later than the peremptory term of
fourteen (14) days (withdrawal period) starting:
1. from the date of goods reception, in
the case of a single item order;
2. from the date of receiption of the last
article, in the case of multiple goods ordered in a single order or mixed
orders delivered separately.
7.2 The Consumer may exercise his right of
withdrawal if the communication relating to the exercise of this right is sent
before the expiry of the aforementioned withdrawal period.
7.3 The communication of withdrawal must
be sent in paper form, by registered letter with return receipt addressed to
the Seller, Calzificio M. Bresciani S.r.l., 24050 Spirano (Bg), Via Campo
Romano n. 34/36, or, alternatively, in electronic form, by telegram or e-mail
communication to shoponline@bresciani.it. To this end, the Consumer may use a
withdrawal standard form: this is an option and not an obligation.
7.4 The burden of proof relating to the
exercise of the right of withdrawal lies with the Consumer, therefore it is in
the latter's interest to make use of the above-mentioned means of
communication.
7.5 In the event of correct and timely
exercise of the right of withdrawal, the Customer is obliged to return the
article, which must be delivered to the Seller’s Head Office solely and exclusively
through the carriers indicated by the Seller, within the peremptory term of
fourteen (14) days from the date of communication of the withdrawal. For orders
placed in the USA, the item must be returned to the business address: PALMA SETTIMI inc. , 7 Sutton Place, Brewster, NY 10509.
7.6 The direct costs of returning the
items are the sole responsibility of the Consumer, as is the responsibility for
their transport and the choice of means of transport.
7.7 The goods must be returned intact by
the Consumer, complete in all their parts and accompanied by all the original
accessories and markings: the socks must have the identification tag, the bow
at the toe and the tissue inside the sock, while the underwear (shirts, slips
and boxers) must have the label and tissue. All items must then be returned in
their original outer packaging (cotton dust bag). They must not be tampered
with and must be perfectly suitable for their intended use, with no signs of
wear, use and/or dirt. Withdrawal applies to articles in their entirety. It
cannot therefore be exercised in relation to parts and/or accessories of
individual articles.
7.8 Pursuant to and for the purposes of
article 56 of the Consumer Code, in the event of timely withdrawal from the
contract, the Seller shall reimburse the total amount due, excluding delivery
costs, without undue delay and in any case within fourteen (14) days from the
date on which the Seller was informed of the Consumer's decision to withdraw
from the contract. The reimbursement shall be made using the same payment
instrument used for the initial transaction, unless the Consumer has agreed
otherwise and on condition that the Consumer shall not incur any cost as a
consequence of the reimbursement. The Seller shall not be obliged to reimburse
the additional costs if the Consumer has used a carrier of his choice and,
therefore, a type of delivery different from the least expensive one offered by
the Seller. Unless the Seller has offered to collect the goods himself, the
Seller may withhold the reimbursement until receipt of the goods.
7.9 Pursuant to and for the purposes of
Article 57 of the Consumer Code, the Consumer shall be liable for any
diminished value of the goods resulting from the handling of the goods other
than what is necessary to establish the nature, characteristics and functioning
of the goods. In the event that the goods for which the withdrawal has been
exercised have undergone a decrease in value resulting from a handling of the
same other than that necessary to establish the nature, characteristics and
functioning of the goods, the Seller reserves the right to deduct from the
amount of the refund an amount equal to this decrease in value. The Seller
shall inform the Consumer of the circumstance and the consequent reduction in
the refund amount within five (5) days from the receipt of the goods,
providing, in the event that the refund has already been paid, the bank details
for the payment of the amount due by the user as a result of the reduction in
the value of the goods.
7.10 In the event that the withdrawal is
not exercised in accordance with the provisions of the applicable legislation,
it shall not result in the termination of the contract and, consequently, shall
not give rise to any right to reimbursement.
7.11 In the event of partial withdrawal
from multiple orders, the amount of the delivery costs to be reimbursed to the
Consumer shall be quantified in proportion to the value of the goods subject to
withdrawal. Therefore, for example, if the Consumer has placed a total order of
two hundred (200) Euro, which includes two items, the first of the value of
fifty (50) Euro and the second of the value of one hundred and fifty (150)
Euro, and returns the goods of the value of one hundred and fifty (150) Euro,
the Consumer shall be reimbursed an amount equal to 75% of the delivery
expenses incurred. In any case, the amount of the delivery costs to be returned
shall never exceed the amount actually paid.
7.12 Pursuant to art. 59 of the Consumer
Code, the right of withdrawal is excluded in relation to the supply of
tailor-made or clearly customised goods and the supply of sealed goods that are
not suitable to be returned for hygienic reasons and have been opened after
delivery.
7.13 Pursuant to art. 47 paragraph 2 of
the Consumers' Code, the rules on the right of withdrawal do not apply to small
contracts, whereby the consideration to be paid by the Consumer does not exceed
Euro fifty (50), in accordance with EU regulations.
8. Return of defective or non-conforming
products
8.1 In the event that the Consumer
considers that at the time of delivery the item does not comply with the
provisions of the contract, the Consumer must contact the Seller at the e-mail
address shoponline@bresciani.it within the peremptory terms indicated in
article 10.3, providing proof of the date of purchase and delivery of the
goods, as well as the alleged defect.
8.2 In order to allow the Seller to verify
the alleged defect, the Consumer shall return the defective goods to the
Seller’s Head Office, which, once the item is examined, shall communicate the
outcome of the verifications carried out within a reasonable period of time.
8.3 In the event of a proven defect, the
Seller shall offer the replacement or repair of the item, at the Consumer's
choice, unless the repair requested is objectively impossible and/or
excessively onerous compared to the other. In the event that the repair or
substitution is impossible or excessively onerous and if the Seller has not
provided for the substitution or repair within a reasonable term, the Consumer
can request the reduction of the price or the resolution of the contract, which
involves the return of the goods and the reimbursement of the price paid. If,
however, the defect is slight and it is not possible or excessively burdensome
to carry out the remedies of repair or replacement, there is no right to
termination of the contract. The Seller is obliged to provide the remedy
(repair or replacement) requested by the Consumer, but the Seller may propose
to the Consumer different solutions to resolve the problem. In such case, the
Consumer is free to accept the proposal received or to request one of the
remedies set forth above, as provided by the Consumer Code. The substitution or
repair of the item, or the reimbursement of the price shall be made as soon as
possible and, in any event, within 30 days from the date in which the Seller
has communicated to proceed with the substitution, repair or reimbursement,
without any expenses to be charged to the Consumer. The reimbursement shall be
made through the method of payment used to make the purchase, unless otherwise
agreed.
9. Legal Warranty
9.1 All items sold on the Website are
covered by the Legal Warranty provided for in favour of Consumers by articles
128-135 of the Consumer Code in relation to any defects existing at the time of
delivery of the goods.
9.2 Pursuant to the aforementioned
legislation, a conformity defect exists if the goods purchased (i) do not
comply with the description provided and do not possess the qualities presented
on this Website; (ii) are not suitable for the use for which the goods are
normally intended; (iii) do not possess the qualities and characteristics of
goods of the same type and which may reasonably be expected, taking into
account the nature of the goods themselves and, if applicable, the specific
characteristics presented.
9.3 The Seller shall be liable to the
Customer for any lack of conformity of the goods that becomes apparent within
the peremptory term of two years from the date of delivery, provided that the
defect was reported to the Seller, under penalty of forfeiture, within two
months from the date on which it was discovered.
9.4 All additional and waivable warranties
are excluded.
10. Force Majeure
10.1 The Seller shall not be liable in any
way for non-fulfilment and/or delays in the performance of any of its
obligations under this contract that are caused by unforeseeable impediments
beyond the Seller's control (force majeure events).
10.2 Events of force majeure shall be
understood to mean, by way of example and non-exhaustive:
1. strikes, lockouts or other labour
unrest;
2. riots, revolts, invasion, terrorist
attacks or threats of terrorist attacks, wars (declared or otherwise), or
threats of war;
3. fires, explosions, storms, floods,
earthquakes, landslides, epidemics or other natural disasters;
4. inability to use railways, shipping,
aviation, motor transport or other means of public or private transportation;
5. inability to use public or private
telecommunications networks;
6. any act, decree, law, regulation or
restriction of any government;
7. any strike, disaster or accident at
sea, in the post office or on any other major means of transport.
10.3 It is understood that the performance
of the obligations under this contract shall remain suspended for the duration
of the force majeure events.
11. Applicable law and competent court.
Out-of-court settlement of disputes.
11.1 The purchase contracts concluded
through this Website are governed by Italian law.
11.2 In the case of a consumer user, any
dispute relating to the application, execution and interpretation of this
contract shall be settled by the court of the place where the user resides or
has elected domicile, unless otherwise agreed in writing with the Consumer. In
the case of professional users, for any dispute relative to the application,
execution and interpretation of the present document, the competent Court shall
be the Court where the Seller has its registered office.
11.3 Pursuant to Article 141-sexies,
paragraph 3 of the Consumer Code, the Seller shall inform the user who has the
status of consumer that, in the event that he/she has submitted a complaint
directly to the Seller, following which it has not been possible to resolve the
dispute that has arisen, the Seller shall provide the information in question
to the Alternative Dispute Resolution body or bodies for the out-of-court
settlement of disputes relating to obligations deriving from a contract
concluded on the basis of these General Sales Conditions (ADR bodies, as
indicated in Articles 141-bis et seq. of the Italian Civil Code). 141-bis et
seq. of the Consumer Code), specifying whether or not it intends to make use of
such bodies to resolve the dispute in question.
11.4 The Seller also informs the consumer
that a European platform for the online resolution of consumer disputes (the
ODR platform) has been set up. The ODR platform can be consulted at the
following address http://ec.europea.eu/customers/odr; through the ODR platform,
the consumer user can consult the list of ADR bodies, find the link to the
website of each of them and initiate an online dispute resolution procedure.
11.5 This is without prejudice to the
consumer's right to bring an action before the competent ordinary court in the
event of a dispute arising from these General Terms and Conditions of Sale,
whatever the outcome of the out-of-court settlement of disputes relating to
consumer relations through recourse to the procedures set out in Part V, Title
II-bis of the Consumer Code
11.6 Users residing in a Member State of
the European Union other than Italy may also have access, for any dispute
relating to the application, execution and interpretation of these General
Terms and Conditions of Sale, to the European procedure established for small
claims by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that
the value of the dispute does not exceed Euro 2,000.00, excluding interest,
fees and expenses. The text of the Regulation can be found at www.eur-lex.europea.eu.
12. Customer service and complaints
12.1 Customers can ask for information,
send communications, request assistance or make complaints by contacting the
Seller at the following e-mail address: shoponline@bresciani.it .