General Sales Conditions
Foreword
This information is provided for theWebsite "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 addressinfo@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, 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).
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 case 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.
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 uk,Norway, Swiss,Cipro, Malta, and 35 euro for Iceland.
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.
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.