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 F
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 the attached
withdrawal 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.
7.6 The direct costs of returning the items are the
sole responsibility of the Consumer, as well as the responsibility for the
transport of the items. In particular, the Customer shall be charged a
contribution to the cost of returning the items of 6 Euro for the
national territory, 9 Euro for intra-EC countries and
13 Euro for
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;
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.