General Conditions of Sale
1. General Conditions of Sale
1.1 The products purchased on the website www.bernardellistores.com (the “Our Site”) are sold directly by Bernardelli S.r.l., based in Mantua in Corso Umberto I, 27 VAT number 01217360203 e-mail: help@bernardellistores.it (the "Salesperson").
1.2 These General Conditions of Sale (the “General Conditions of Sale”) regulate the offer, forwarding and acceptance of purchase orders for products placed on Our Site exclusively between end-user consumers and the Seller.
1.3 By final consumer user we mean, pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code any person, over the age of 18, who acts by stipulating a contract for purposes unrelated to his/her possible entrepreneurial, commercial, artisanal or professional activity (“User”).
The language used for the conclusion of sales contracts through our Site is Italian.
2. Purchase
2.1 To conclude the purchase contract for one or more products on Our Site, the User must complete the order form, selecting the products he intends to purchase and following the relevant instructions to complete the check-out.
Before confirming the sending of the order form, the User is required to carefully read all the instructions provided during the purchase procedure including these General Conditions of Sale, the General Conditions of Use and the Privacy Policy.
2.2 In the order form, displayed immediately before sending, the Seller will provide summary information regarding the products ordered, the price (including all applicable taxes or duties) and any shipping costs.
2.3 The order is placed through confirmation of the same and is subject to payment of the price, taxes and any shipping costs indicated in the order summary form.
2.4 The order processing receipt does not constitute acceptance of the order. The conclusion of the contract occurs when the order confirmation is sent by the Seller to the e-mail address provided by the User.
2.5 The Seller reserves the right not to confirm an order, communicating to the User promptly and in any case within 5 days of placing the order, to the e-mail address associated with the purchase, the possible unavailability of one or more of the ordered products. In this case, the Seller will refund the User, within 7 days of sending the unavailability notice, any sum paid by the User for the order.
2.6 The Seller reserves the right not to accept incomplete or not duly completed orders. Bernardelli also reserves the right (at its sole discretion) not to accept/process orders in the event that: (i) the payment made by the User has not been successful (by way of example, in the event of failure to charge the price of purchase on the User's credit card); (ii) there is a report, or suspicion, of fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes; (iii) the User has not fulfilled his obligations deriving from a previous contract concluded with the Seller.
Also in this case, the Seller will take care to communicate the failure to confirm the order within 5 days of placing the order itself, to the e-mail address associated with the purchase and will refund the User, within 7 days of sending of the unavailability notice, any sum paid by the User.
3. Modification and cancellation of the order
3.1 Once the product has been delivered to the carrier, it will no longer be possible to modify and/or cancel the order; the User will still be able to exercise the right of withdrawal once the product has been received.
3.2 In the event of modification of an order, the price of the new products will be that indicated on Our Site at the time of the modification if they are products different from those covered by the original order, while the price originally indicated at the time of the order will remain applicable. if the change only concerns the quantity of products already ordered.
3.3 The modification and cancellation of the order can be made via help@bernardellistores.it, always on the condition that the product has not yet been delivered to the carrier.
4. Payment methods
4.1 Bernardelli offers its Users different types of payment and the User can choose one of the methods indicated in the order form.
4.2 In no case will the User be charged for costs higher than those actually incurred by the Seller, in relation to the chosen payment instrument.
4.3 In case of payment by credit card, the financial information (for example, the credit/debit card number or its expiry date) will be processed exclusively by the selected payment service, without third parties being able, in any way, have access to it.
This information will never be used by the Seller except to complete the procedures relating to the purchase and to issue the relevant refunds in the event of any product returns, following exercise of the right of withdrawal, or if it is necessary to prevent or report to the police forces commission of fraud. The price for the purchase of the products and any shipping costs, as indicated in the order form, will be charged to the User's current account at the time of shipping of the purchased products.
4.4 Until full payment of the price of the products ordered, the products remain the property of the Seller.
5. Order execution
5.1 The order is executed within the terms specified on the summary page and in the order confirmation email, subject to the availability of the product ordered. The Seller cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the order confirmation.
6. Product availability
6.1 Prices, descriptions or availability of products displayed on Our Site are subject to change without notice. The photographs included on Our Site are indicative and may not constitute an exact representation of the products. The Seller will do its best to present the characteristics of the products in the greatest possible detail on the website www.bernardellistores.com within each tab corresponding to the product viewed by the User. However, the images and colors of the products offered for sale on Our Site may differ from the real ones due to multiple factors including, by way of example and not limited to, the monitor of the User's terminal, photographic filters etc. Therefore, the User acknowledges and accepts that any minor differences do not constitute a lack of conformity of the products.
6.2 The Seller constantly checks the accuracy of the prices indicated on the website www.bernardellistores.com. However, in the event that an error is found in the indication of the price of a product, the Seller will block the order and offer the User the opportunity to purchase the same product at the correct price or, alternatively, another product at the price already paid.
6.3 The price of the products indicated on Our Site is expressed in Euros and is inclusive of all applicable taxes or duties for EU sales, while for non-EU sales, customs and various import expenses are to be considered not included. Delivery costs, indicated separately in the order form, must be added to the price of the products.
7. Delivery
7.1 Deliveries are carried out using carriers during office hours from Monday to Friday, excluding public holidays, to the address chosen by the User and according to the methods specified in the order summary.
7.2 Upon delivery, the User must check the contents, specifying any anomalies in the delivery form.
7.3 In case of failure to collect within the deadline established by the carrier, the products will be returned to the Seller. The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User, for damage that may occur to the products after delivery to the carrier or for delays in delivery to the latter attributable.
8. Right of withdrawal
In case of having second thoughts about the purchase made on Our Site, the User has the right to withdraw from the contract within 72 hours of receiving the products. The withdrawal period expires 72 hours after the day on which the User or a third party - other than the carrier and designated by the User - acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Seller by sending a request to the e-mail address help@bernardellistores.it or in the dedicated form on Our Site. The codes of the items that are intended to be returned. Once the return request has been received, Bernardelli's customer service will send the User a written confirmation with the specifications to follow for returning the product. The Seller reserves the right to request images of the products to be returned from the User.
The right of withdrawal is considered exercised correctly if the following conditions are fully respected:
8.1 The withdrawal notice must be sent to the Seller within 72 hours of receipt of the products;
8.2 The User has 14 days to ship the return and return the item to the site.
8.3 The authenticity tag attached to the garment using a disposable security seal must not be removed and must be perfectly intact. Under no circumstances will returns be accepted with the security seal cut, broken, detached, removed or tampered with;
8.4 The products must not have been used, worn, ironed, washed or treated in any way;
8.5 All labels on the garment, both fabric and hanging, must necessarily be intact and in no case removed from the article;
8.6 The products must be returned in their original packaging or in any case packaged and packaged appropriately;
8.7 The returned products must be delivered to the shipper/carrier/courier within 14 days from when the User notified the Seller via e-mail of the decision to withdraw from the contract;
8.8 The products must not be damaged in any way;
8.9 The Seller does not accept returns or exchanges for items with launch dates and/or Capsule collections;
8.10 Swimsuits and underwear (bikinis, briefs, boxers etc.) must be tried on over your personal underwear. Returns of such items will be refused and sent to the User if the transparent hygienic protection label has been removed, or if the items show signs of use;
8.11 The shoes must be returned without marks and in their original and undamaged packaging as they are an integral part of the product.
8.12 Shipping costs and any customs charges will be borne by the User and will be deducted from the final refund and the shipment will be at the User's risk. The Seller is not responsible for any loss or damage due to inadequate packaging or delay in delivery.
After the Seller has received the return and checked that all the requirements indicated in the art. 8 of the Conditions of Sale have been respected, the User will receive an e-mail confirming acceptance of the return, or, if the existence of a decrease in value of the returned products is found, he will receive an e-mail in which the the amount deducted as a reduction of the refund. The User will be able to choose whether to accept the reduction of the refund due to the decrease in value of the returned products, or whether to request the return of the products purchased at his expense.
In the event that the User refuses this option, the Seller reserves the right to retain the products and the amount indicated for the reduction of the refund, due to the decrease in value of the returned products.
Regardless of the payment method used, the refund is activated by the Seller as soon as possible, and in any case within 14 days from the date of receipt of the withdrawal notice and in any case without undue delay. The refund due will be made using the same methods used by the User for the initial transaction. The refund may be suspended until the goods are received, or until the User demonstrates that he has sent the goods back, whichever is earlier.
9. Warranty
9.1 The Seller does not sell used, irregular or lower quality products than the corresponding standards offered on the market.
9.2 The characteristics of the products are presented on Our Site within each product sheet. However, the images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser and monitor used.
9.3 Product prices may be subject to updates. The User must verify the final sales price before submitting the relevant order form.
9.4 All products are equipped with an identification tag secured with a disposable seal. Users are invited not to remove the tag and related seal from the products purchased, of which they constitute an integral part.
9.5 The sale of products to the end consumer user is subject to the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code on the conformity of the products purchased within the limits of 2 years from delivery of the goods provided that communication is given within 2 months since their discovery. The action aimed at asserting a lack of conformity not maliciously concealed by the Seller expires, in any case, within 26 (twenty-six) months from delivery of the product.
9.6 To exercise the warranty right, the User is required to inform the Seller via e-mail at help@bernardellistores.it providing an accurate description of the defect found and asking to obtain the restoration of conformity of the goods through repair or replacement of the product at no cost to you. The Seller reserves the right to request from the User photographic images of the products to be returned and in any case to check the defect of the product and if it ascertains the lack of conformity of the goods, it will repair or replace the product at its own expense including delivery costs. . The User also has the right to request from the Seller an appropriate price reduction or termination of the contract in the following cases:
- If repair and replacement prove impossible or excessively expensive;
- If the Seller has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days from the request;
- If the replacement or repair previously carried out has caused significant inconvenience to the User.
The User is in any case obliged to return the defective products to the Seller.
10. Indemnification and limitation of liability - indemnification
10.1 The User undertakes to indemnify and hold harmless the Seller (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees) from any obligation or liability, including any legal expenses incurred to defend oneself in court, which may arise due to damage caused to other Users or third parties, in relation to the contents uploaded online, to the violation of the law or the terms of these Conditions of Sale.
10.2 Our Site and all accessible features are made available to Users, under the terms and conditions set out in the Contract, without any guarantee, explicit or implicit, that is not mandatory by law. In particular, no guarantee is provided as to the suitability of the services offered for the particular purposes intended by the User.
10.3 The use of Our Site and the functions accessible through the Seller is carried out by Users at their own risk and under their own responsibility.
In particular, the Seller, within the limits of applicable law, is liable for damages of a contractual and non-contractual nature towards Users and third parties exclusively by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence of the Seller's activity. Therefore, the Seller will not be responsible for:
- Any losses that are not a direct consequence of the Seller's breach of contract;
- Any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relationships , loss of reputation or goodwill value etc.);
- Damage or loss resulting from interruptions or malfunctions of Our Site due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Seller such as, by way of example and not limited to , failures or interruptions to telephone or electricity lines, the internet network and/or other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of products, services or third-party applications; and incorrect or inappropriate use of Our Site by Users or third parties.
11. Privacy
The User can obtain information on how we process your personal data by accessing the Privacy Policy and our General Conditions of Use.
12. Miscellaneous
12.1 The Seller reserves the right to make changes to the terms at any time, also in consideration of any regulatory changes. The General Conditions of Sale are effective from the date of publication on the website www.bernardellistores.com/it
12.2 All communications relating to Bernardelli must be sent using the contact information indicated in the Contract.
12.3 If any clause is found to be void, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected thereby and will remain fully valid and effective.
13. Applicable law and competent court
13.1 These General Conditions of Sale and, consequently, the contracts concluded with Users, are governed by Italian law.
13.2. Any dispute arising from the interpretation, validity and/or execution of these General Conditions will be referred to the mandatory jurisdiction of the judge of the User's place of residence or domicile.