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General terms of business

The sale of products on this website, “bernardellistores.com” (the “Site”), is governed by the terms and conditions below (the “General Terms of Business”). For the sake of completeness, please note that use of the Site is governed by the “Website Terms of Use” (available in English at http://www.bernardellistores.com/conditions-of-use) which, as applicable, is to be considered as entirely referred to herein and an integral and essential part of these General Terms of Business.

Any matter not expressly provided for in these terms and conditions will be governed by Italian Legislative Decree 206/2005 (Consumer Code), Legislative Decree 70/2003 (Electronic Commerce Code) and the Italian Civil Code.

Use of the Site and, in particular, the sending of purchase orders through the same, entails acceptance by users of the Site (the “Users” and, in the singular, the “User”) of these General Terms of Business, as well as the Website Terms of Use and an undertaking to comply with their terms.

Gruppo Bernardelli Stores requests those who do not agree to the terms contained in the afore-mentioned agreement documents to refrain from using the Site.

 

1. IDENTITY OF THE SELLER

1.1. The products described and viewed by Users of the Site (the “Products” and, in the singular, the “Product”) are offered for sale by the companies “BERNARDELLI DI GOZZOLI STEFANO & C. SNC”, registered with the Registro delle Imprese di Mantova, CCIAA/NREA MN 146506, Partita IVA (Italian VAT code) 01217360203, with registered offices in Corso Umberto I n. 27, Mantova, Italy, “MARTELLI SNC DI GOZZOLI STEFANO & C.” registered with the Registro delle Imprese di Mantova, CCIAA/NREA MN 132411, Partita IVA 00441420205, with registered offices in Corso Umberto I n. 27, Mantova, Italy, and “ETRE’ DI BRUNA CASELLA” registered with the Registro delle Imprese di Mantova, CCIAA/NREA MN 152410, Partita IVA 01326340203, with registered offices in Piazza Marconi 1, Mantova, Italy, hereinafter referred to as “Gruppo Bernardelli Stores”.

 

2. SCOPE OF THE GENERAL TERMS OF BUSINESS

2.1. These General Terms of Business govern the supply by Gruppo Bernardelli Stores, through the Site, of the Products to Users and govern the terms and conditions of agreements for the sale of Products which are concluded between the Users and Gruppo Bernardelli Stores through the Site.

2.2. Gruppo Bernardelli Stores reserves the right to place links, banner ads and hyperlinks on the Site in reference to third parties or to the products offered by them. Through these links or banners, the User may be directed to websites other than the Site itself (the name of which will be shown on the title bar), in relation to which these General Terms of Business, as well as the Website Terms of Use, will not apply. For the sake of clarity, please note that Gruppo Bernardelli Stores will not in any way be responsible for the information and content on websites other than the Site itself, or for transactions that may be entered into by the Users through such external websites. Gruppo Bernardelli Stores exercises no form of control over these external websites, unless expressly stated otherwise on the Site. Users are therefore advised to consult the terms of use as applicable on each occasion.

 

3. PERSONS AUTHORISED TO OPERATE THROUGH THE SITE: CHARACTERISTICS OF USERS

3.1. The Products are offered for sale by Gruppo Bernardelli Stores exclusively to Users who are end consumers. Under these General Terms of Business, “end consumer” shall mean a natural person who, in using the Site and purchasing the Products through the same, acts for purposes not related to their commercial, business or professional activities.

3.2. The Products may be purchased solely by Users who, in addition to being the end consumer as specified above:

- are at least 18 years of age;

- have full legal capacity, and thus possess the requirements for, and are in a position to enter into legally binding sale and purchase agreements;

- have an active e-mail address, for which mailbox limits have not been exceeded;

- are the holders of a bank current account from which bank transfers can be made or any other method of payment that Gruppo Bernardelli Stores may allow to proceed with purchase through the Site.

3.3. Gruppo Bernardelli Stores reserves the right not to process orders from Users who do not meet the requirements set out in sections 3.1 and 3.2 above. Gruppo Bernardelli Stores reserves the right to refuse the sale of Products to Users who prove to be acting on behalf of persons who do not qualify as end consumers.

 

4. CUSTOMER SERVICE – INFORMATION

4.1. Gruppo Bernardelli Stores offers its Users a sales-assistance service (“Customer Service”) which can be contacted by the following means:

- e-mail to shop@bernardellistores.it;

- post to the following address: Corso Umberto I n. 27, 46100 MANTOVA (MN), Italy;

- fax to +39 – 0376 38 22 03;

- phone: +39 – 366 22 97 004, on Mondays 15:30-19:30 CET and from Tuesdays to Saturdays 9:30-12:30 and 15:30-19:30 CET.

4.2. Users may contact Customer Service for any complaint and to obtain information about the purchasing procedures, payment of products, shipments and deliveries, the right to cancel orders and procedures for the return of Products purchased, exchange of Products, and any other information concerning the sale of Products through the Site. Such information is in any case also contained in the following provisions of these General Terms of Business.

 

5. MEANS OF PURCHASE OF PRODUCTS THROUGH THE SITE

5.1. At the time of the first purchase of Products through the Site, the User will be required to create a personal account. Said account will remain valid for subsequent purchases made by the same User through the Site. Once the account has been created, the User may validly proceed to purchase Products – in accordance with the terms of this Article 5 – following the instructions given on this Site. In the case of access to the Site after the creation of the account, the User will need to log in, by entering the email address (“E-mail Address”) and password submitted when creating the account. Should the User not remember their password, they can make a request, through the Site, to receive instructions by e-mail in order to create a new password. Please note that the personal data provided by the User when creating the account will be processed in accordance with the provisions of Article 11 below.

5.2. The purchase of Products through the Site by registered Users or Users who have logged in, in accordance with section 5.1 above, will be made by filling in an order form (the “Shopping Bag”), in which Users can insert the selected Products from the catalogue on the Site, indicating the desired quantities for each item. When filling in the Shopping Bag, the User will see the unit price of each Product added, together with the total cost of the order (excluding taxes and delivery costs).

The Shopping Bag will be filled – and the entire purchase process carried out (including conclusion of the Agreement, as defined below) – in the language for the Site selected by the User before starting the registration process or, in the case of subsequent access, prior to login. Any subsequent communication relating to this Agreement will also be in same language.

5.3. Once the Shopping Bag has been filled, the User will be asked to indicate the address where they wish to receive the products indicated. The User will be able to give instructions for delivery, and Gruppo Bernardelli Stores will take such instructions into account when organising the delivery, it being understood however that said instructions will not be binding either upon Gruppo Bernardelli Stores nor upon the shipper/carrier it entrusts with the delivery.

5.4. After filling in the delivery instructions referred to in paragraph 5.3 above, the User will be shown a summary of the order (the “Summary”), containing:

- a list of Products ordered, with essential information about each Product;

- the quantity of each Product ordered;

- the unit price of each Product;

- the total value of the order, excluding taxes and delivery costs;

- the total value of the order, including taxes and  delivery costs;

- the delivery address.

5.5. Having read the Summary, the User may modify the quantities and types of Products ordered, and may modify the chosen delivery address. After said modifications have been completed, an updated Summary will be shown.

5.6. If the User is satisfied with the contents of the Summary and wishes to complete the purchase order described therein, said User will proceed to (i) select a payment method from those indicated, as specified in Article 6 below; (ii) tick the appropriate box for approval of these General Terms of Business – which the User shall have consulted beforehand – it being understood that such action will indicate full and unconditional acceptance of the same by said User; and (iii) forward the purchase order contained in the Summary – as completed by the choice of method of payment – by clicking the appropriate button.

5.7. Should the User select “paypal” or “bank transfer” as the method of payment and, upon acceptance of these General Terms of Business, send the purchase order in accordance with Article 5.6 above, said User will have access to the payment wizard.

Once the payment wizard has been completed, the User will receive at their E-mail Address an order confirmation (the “Order Confirmation”) containing, inter alia:

- the identification number of the agreement (the “Order Number”);

- the purchase price of the Products, including taxes and delivery charges, the amounts of which will be detailed (the “Price”).

Upon receipt of the Order Confirmation by the User, the agreement for the sale of the Products included in the Shopping Bag and indicated in the Summary (the “Agreement”) will be deemed to be concluded, except in each case provided for in Art. 5.9 below.

5.8. If, however, the User selects “bank transfer” (when allowed) as the method of payment and, upon acceptance of these General Terms of Business, sends the purchase order in accordance with Article 5.6 above, said User will immediately receive, at their E-mail Address, an e-mail with confirmation of the order (the “Order Confirmation”) containing:

- the identification number of the agreement (the “Order Number”);

- the purchase price of the Products, including taxes and delivery charges, the amounts of which will be detailed (the “Price”);

- details of the bank account to which the transfer of the Price is to be made.

The User shall effect payment of the Price within 3 working days of receipt of the Order Confirmation. Please note that the costs incurred for the bank transfer shall be borne by the User.

Upon receipt of the Order Confirmation by the User, the agreement for the sale of the Products included in the Shopping Bag (the “Agreement”) will be deemed to be concluded, except in each case provided for in Art. 5.9 below.

5.9. Gruppo Bernardelli Stores reserves a period of 8 (eight) working days from receipt of the Order Confirmation by the User, in order to verify:

a) the availability of the Products ordered from its warehouse;

b) in cases of payment by bank transfer only: the effective crediting of the Price on the current account of Gruppo Bernardelli Stores as indicated to the User in the Order Confirmation.

The Agreement shall be considered, in any case (i.e. both in the cases referred to in paragraph 5.7 above or in paragraph 5.8 above), subject to the suspensive condition of positive verification of the circumstances referred to in this paragraph 5.9 (a) and (b).

If, therefore, within the period specified above, Gruppo Bernardelli Stores verifies (i) the lack or only partial availability of the Products in stock, or (ii) (solely in cases of payment by bank transfer) that the Price has not been credited to its current account, the Agreement will be considered ineffective and this fact will be communicated to the User immediately, or at any event within said period, by means of an e-mail sent to the E-mail Address.

In the case referred to in point (i) above, the User will be entitled to a full refund of any amounts already paid, in a manner to be agreed upon with Customer Service, except as provided for in paragraph 5.10 below.

5.10. Should the Products included in the Agreement be only partly in stock in the warehouse, Customer Service will contact the User to verify the latter’s interest in the purchase of only such Products as are available, or of alternative Products.

In the event that the User agrees to an amendment of the Agreement, Customer Service will modify the same and send the User an updated Summary. By following the special link included in the e-mail from Customer Service containing the updated Summary, the User may send the order it contains. It is understood that, after 48 (forty-eight) hours of receipt by the User of said e-mail, the Summary will be deemed not to have been accepted by the User and Gruppo Bernardelli Stores will return to the User the amount that may have already been paid by him or her.

However, should the User, within the period indicated above, submit the new order – thus confirming his or her intention to amend the Agreement – Gruppo Bernardelli Stores will send the Order Confirmation to the same. Any amounts still payable to Gruppo Bernardelli Stores may be paid by bank transfer only. In such cases, paragraphs 5.8 and 5.9 shall be applicable.

5.11. The purchase order submitted by the User and all information relating to the Agreement will be archived in the electronic database of Gruppo Bernardelli Stores, without prejudice to the provisions of Article 11 below.

 

6. PAYMENT

6.1. Payment of the Price shall be made by the User in one of the following ways:

- by paypal;

- by bank transfer, when allowed, in favour of Gruppo Bernardelli Stores to the account indicated in the Order Confirmation;

- by any other method of payment that Gruppo Bernardelli Stores may allow to proceed with purchase through the Site.

7. SHIPPING AND DELIVERY OF PRODUCTS

7.1. Following completion of the verification process referred to in paragraph 5.9 (depending on the particular case, in conjunction with paragraph 5.10) and only in cases in which it has been successful, the Products ordered by the User will be delivered within 24 (twenty-four) hours to the carrier/forwarder DHL EXPRESS SRL. In reference to paragraph 1.1, which lists the companies that form part of Gruppo Bernardelli Stores, it should be noted that the User may receive between 1 (one) and 3 (three) separate packages, depending on the Products purchased. Upon delivery of the Products to DHL EXPRESS SRL, Gruppo Bernardelli Stores shall be deemed to have fulfilled its obligation to deliver the Products pursuant to Article 1510, paragraph 2, of the Italian Civil Code. 

7.2. The Products will be carefully packaged by Gruppo Bernardelli Stores. The relative tax documents will be included in each package sent.

A security seal consisting of a steel wire covered with plastic material, and bearing the “Bernardelli Stores” logo (the “Security Seal”), will be affixed to each Product. Gruppo Bernardelli Stores specifically recommends the User not to remove or alter, in any way, said Security Seal; failure to comply with this will prevent the User from exercising the right of termination, as better specified in paragraph 8.4 below

7.3. Upon shipment of the Products, Customer Service will send the User an e-mail to the E-mail Address, indicating the tracking number provided by DHL EXPRESS SRL, in order to allow the User to track the shipment of the Products through the website www.dhl.it.

7.4. Shipping costs are euro 10,00 to European Union Countries and euro 15,00 to all other destinations.

7.5. We as Gruppo Bernardelli Stores assume no responsibility for compliance by DHL EXPRESS SRL with its own delivery terms and invites Users to visit the website www.dhl.it for further information concerning the terms and conditions of shipping and delivery of the Products.

7.8. Should the User refuse to accept the Products delivered to him or her or should there be no one at the address indicated in the order who declares that they are entitled to receive the Products on behalf of the User, the User shall indemnify Gruppo Bernardelli Stores any further expense that may be charged to the latter by DHL EXPRESS SRL as a result of non-receipt of the Products. Such expenses may be deducted from any amount that may be payable by Gruppo Bernardelli Stores to the User.

 

8. RIGHT TO TERMINATE THE AGREEMENT

8.1. The User has the right to terminate the agreement without penalty and without the need to specify the reasons for termination, within 10 (ten) working days from the date of receipt of the Products (the “Delivery Date”). It is understood that, should the User fail to receive the Products due to absence, unavailability or erroneous indication by said User of the delivery address, the Delivery Date shall mean the date of the delivery of the notification of undeliverable goods at the delivery address indicated by the User on the purchase order submitted for these Products.

8.2. In order to exercise the right of termination referred to in this Article 8, the User shall, within the period indicated in paragraph 8.1 above, notify Customer Service of termination by sending a registered letter with return receipt to Gruppo Bernardelli Stores at Corso Umberto I n. 27, 46100 MANTOVA, Italy, specifying the Order Number and the Products for which the User intends to exercise the right of termination (except as provided in Article 8.6 below) and specifying the means by which he or she wishes to receive the refund of the Price paid. Such notice of termination may also be sent, within in the same period, by telegram, electronic mail or fax, provided that it is confirmed by registered letter with return receipt within 48 (forty-eight) hours. Upon receipt of the notice of termination, Gruppo Bernardelli Stores will send the User, by e-mail to the E-mail Address, the number authorising the return of the goods (the “Authorisation Number”) specifying the company and destination address.

Within a period of 12 (twelve) working days from the Delivery Date, the User shall return the Products subject to the Agreement for which he or she has exercised the right of termination, by delivery to the carrier/forwarder as per paragraph 8.3 below.

8.3. The User is entitled to use a carrier/forwarder of their choice for the return of the Products, provided that it is leading carrier/forwarder and that it ensures delivery within 10 (ten) days from receipt of the goods: the User shall pay the forwarding expenses and will be responsible for any damage or harm to the Products. Gruppo Bernardelli Stores recommends the use of a delivery service that insures the value of the Products and that provides proof of delivery. The User shall include in the package a copy of the e-mail from Gruppo Bernardelli Stores containing the Authorisation Number and mark the number prominently also on the outside of the package.

8.4. The right of termination as per this Article 8 will be deemed correctly exercised (and thus will give the right to a refund as provided in paragraph 9.3 below) if it complies with each and all of the following return conditions:

a) the User has sent the registered letter with return receipt, as referred to in paragraph 8.2 above, within 10 (ten) working days from the Delivery Date or, within the same period, has sent the notification of termination by telegram, electronic mail or fax and, within 48 (forty-eight) hours, has confirmed it by registered letter with return receipt;

b) the Products are returned in their entirety, with all their components and in their original packaging, with all original accessories and labels (including dust bags, hangers, garment bags, etc.) in the package; to this end, it should be noted that the boxes or other containers, also of handbags and shoes, are considered as integral parts of the Products;

c) the Products have not been used, worn, stained, washed, altered or damaged in any way, and show no sign of use; in addition, swimwear and intimate apparel (bikinis, briefs, boxers, etc.) must have been tried on over underwear and the transparent sanitary protection label has not been removed;

d) the Security Seal applied to each Product has not been removed and is intact and not altered in any way;

e) the accompanying tax document is returned together with the Products;

f) the Products have been delivered to the carrier/forwarder, as indicated in paragraph 8.3 above, within 12 (twelve) working days from the Delivery Date and have been delivered to Gruppo Bernardelli Stores within the following 10 (ten) days.

g) at the time of shipment, the User has declared the real value of each Product by means of a Commercial Invoice, to be attached to the package (this condition applies only in the event that the parcel be sent from a non-EEC country).

8.5. It should be noted that the User has the right of termination also for only some of the Products referred to in the Agreement. It is understood that this partial termination option may not be exercised if the Products are to be considered as a complete unit (and thus have the same code number).

8.6. Customer Service is in any case at the disposal of Users to respond to all queries concerning the right of termination and the procedures for return, and, where appropriate, to verify the possibility of satisfying the User’s requirements by adopting different methods, though it remains in any case understood that Gruppo Bernardelli Stores will have no obligation to accept returns other than within the limits and under the conditions laid down in this Article 8.

 

9. TIME AND METHOD OF REFUNDING

9.1. Upon receipt of the returned Products, Gruppo Bernardelli Stores will promptly verify compliance with the conditions listed in paragraph 8.4 above, informing the User of the outcome by e-mail sent to the E-mail Address.

9.2. Should any non-compliance with even one of the conditions specified in paragraph 8.4 be ascertained, Gruppo Bernardelli Stores will have the right either to (i) refuse the returned goods and return them to the User at the User’s expense, or (ii) accept the return and charge the User a penalty equal to 20% (twenty percent) of the Price.

9.3. If, on the other hand, the right of termination has been carried out in accordance with the provisions laid out in paragraph 8.4 above, Gruppo Bernardelli Stores will as soon as possible refund the Price paid for the returned Products to the User, adopting the method agreed upon with the User.

9.4. It should be noted that any refunds payable by Gruppo Bernardelli Stores to Users will be credited solely to the person from whom the payment to be refunded was received.

 

10. PRODUCT SPECIFICATIONS AND PRICES

10.1. The basic characteristics of the Products sold through the Site are indicated in the product information sheet which can be viewed by clicking on the image of each Product. Among other things, the product information sheet also includes a description of the materials with which the individual product is made. Any directions for washing, which the User is invited to follow closely, are to be found on the label sewn inside each garment.

With regard to the Products, Gruppo Bernardelli Stores complies with the warranties provided by the law as applicable to Article 12 below.

10.2. Gruppo Bernardelli Stores represents and guarantees that the Products comply with the laws in force in the Member States of the European Union. Gruppo Bernardelli Stores provides no guarantee concerning the marketability of the Products outside of European Union countries. On this matter, attention is drawn to the introductory paragraph of the Website Terms of Use.

10.3. Despite the fact that Gruppo Bernardelli Stores has taken the utmost care and attention to collect images of the Products offered for sale through the Site and has uploaded them on the same, said images (and, first and foremost, the colours of the Products they represent) are to be considered as only indicative, as correct display is linked to and dependent on a number of variables (such as, by way of example only and without limitation, the Internet browser and monitor used by the User, the lighting conditions of the room where the monitor is located, etc.) over which Gruppo Bernardelli Stores has no control.

10.4. Gruppo Bernardelli Stores reserves the right to modify and update the prices of Products displayed on the Site at any time and at its sole discretion, it being understood, however, that such prices will not undergo any change – to the User – once the Agreement is concluded. The User will therefore be required to pay only the price indicated in the Order Confirmation.

10.5. Gruppo Bernardelli Stores reserves the right to apply to the Products offered through the Site prices different from those applied in its own stores.

 

11. PROTECTION OF USERS’ PERSONAL DATA

11.1. Personal data provided by Users through the Site (“Personal Data”) will be used by Gruppo Bernardelli Stores solely for the purposes of providing its services and delivering orders submitted by Users. Such data will not be disclosed to third parties, unless such disclosure (i) is necessary for the provision of such services (such as, but not limited to, in order to effect the payment orders), (ii) is required to do so by law or pursuant to an order issued by a court or (iii) is permitted by law even without the consent of the owner. In such cases, the data may be made available to third parties who will process it independently and solely for the aforementioned purposes.

11.2. Personal Data will in any case be processed, stored and used by Gruppo Bernardelli Stores, which will act as the data controller, in accordance with the provisions of the regulations in force and in particular with Italian Legislative Decree 196/2003.

11.3. Users may exercise their rights as per Article 7 of Italian Legislative Decree 196/2003. Among other things, they have the right to obtain confirmation of the existence or otherwise of Personal Data and to obtain information about:

- the purposes and methods of processing;

- the logic applied in the case of processing with the aid of electronic instruments;

- the identity of the data controller and any persons responsible and appointed representatives;

- persons or categories of persons to whom the Personal Data may be communicated or who may learn about them in their capacity as appointed representatives, managers or agents.

Users will also have the right to obtain:

- the updating, correction or, in such cases as there is legitimate interest, the integration of their Personal Data;

- the deletion, transformation into anonymous form or blocking of Personal Data processed in violation of the law, including those for which storage is not necessary for the purposes for which the Personal Data was collected or subsequently processed;

- certification that the operations referred to above have been made known, including with regard to their contents, to those to whom the Personal Data have been communicated or disseminated, unless this requirement proves to be impossible to effect or involves the use of means manifestly disproportionate to the protected right.

Users have the right to object, in whole or in part:

a) for legitimate reasons, to the processing of Personal Data, even if pertinent to the purposes for which they were collected;

b) to the processing of Personal Data for the purpose of sending advertising materials or direct sales or for market research or commercial communication purposes.

11.4. For further information on the processing of Personal Data, Users may in any case contact Customer Service.

 

12. APPLICABLE LAW AND RESOLUTION OF DISPUTES

12.1 The General Terms of Business, as well as any agreement entered into by Users with Gruppo Bernardelli Stores by means of or during use of the Site are governed by Italian law, with the exclusion of laws governing the conflict of jurisdiction.

12.2. Any dispute that may arise in connection with the purchase of Products through the Site shall be referred exclusively to the courts of the Italian Republic that, on a case-by-case basis, are responsible for the territory, value and instance.

12.3. Gruppo Bernardelli Stores hereby declares its willingness to participate in an amicable attempt at mediation that the User, in the event of a dispute, might advance to RisolviOnline, a service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which makes it possible to reach a satisfactory agreement, with the assistance of a competent and neutral conciliator, in a safe, friendly manner.

 

13. AMENDMENTS AND UPDATES

13.1. These General Terms of Business are subject to alterations or modifications. They will take effect from the moment they are posted on the Site. The General Terms of Business will apply to each agreement in the version viewable by the User when placing their order. Users are therefore invited to consult the General Terms of Business in force that govern any order submitted by them.

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