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Terms & Conditions

 

Terms and Conditions

 

1. General Conditions of Sale - Premise

The products purchased on the website https://www.bernardellishop.it/ (“Our Website”) are sold directly by Bernardelli Srl, headquartered in Mantova, Via Corso Umberto I, 27, VAT registration number 01217360203 email address: [email protected] (“Seller”).
The following terms and conditions of sale (“Terms and Conditions for Sale”) govern the offer, forwarding, and uptake of purchase orders placed on Our Website exclusively between end-user consumers and the Seller.
End-user consumer shall mean, pursuant to Article 3, comma 1, letter a) of the Italian Consumer Code, any subject, older than 18 years old, that enters into a contract for purposes other than their own entrepreneurial activity, business, craft, or profession (“User”).
The language of any contract of sale through Our Website shall be Italian.

2. Purchase

2.1 In order to conclude the sale contract of one or more items on Our Website, the User shall fill out the order form by selecting the products they intend to purchase and then following the specific instructions to complete the check-out.
Before confirming and submitting the order form, the User is required to read carefully all instructions provided during the purchase procedure, including these Terms & Conditions as well as the General Conditions of Sales, and the Privacy Policy.

2.2 Within the order form, displayed before the submission confirmation, the Seller shall provide summary information concerning the ordered products, prices (including all applicable taxes), and eventual shipping costs.

2.3  The order is placed by the confirmation of said order and is subject to payment of the price, taxes, and any shipping fees indicated in the order summary

2.4  Order process receipts do not imply acceptance of the order. The conclusion of the contract is effective the moment the order confirmation is sent by the Seller to the e-mail address provided by the User.

2.5  The Seller reserves the right to invalidate an order by promptly informing the User, and in any case within 5 days upon order submission, by sending an e-mail to the address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Seller will refund the price and the delivery costs incurred by the User within 7 days upon the dispatch of unavailability notification.

2.6  The Seller reserves the right to not accept incomplete or not properly completed orders. Bernardelli also reserves the right (at their sole discretion) to not accept/process orders in the case where: (i) the payment made by the User was not successful (for example, in case of failure to charge the purchase price on the User’s credit card or, if the payment has been made by bank transfer, in case of no confirmation of receipt of the transfer within 10 (ten) business days from the date of order proposal); (ii) there is a report, or suspicion, of fraudulent or illegal activities, including suspicion that purchases are made for commercial purposes; (iii) the User has not fulfilled their obligations under a previous concluded contract with the Seller.

Also in these cases, the Seller shall take care of informing the User about the failure to confirm their order within 5 days upon order submission, by sending an e-mail to the address associated with their purchase and shall refund the price and delivery costs incurred by the User within 7 days upon dispatch of unavailability notification.

3. Order Modification and Cancellation

3.1 Once the parcel is handed to the courier, the User may not change, modify and/or cancel the order; the User may exercise the right of withdrawal once their order is delivered.

3.2 In the case where an order is modified, the price of the newly selected products shall be that indicated on Our Website at the moment of modification if the newly selected products are not those covered by the original order, while the price originally indicated at the moment of the order will remain applicable if the modification only concerns quantity of products already ordered.

3.3 Modification and Cancellation of orders can be made by writing an e-mail to [email protected], provided that the product hasn’t been handed to the carrier yet.

4. Method of Payment

4.1 Bernardelli allows their Users to choose among different types of payment methods; the User may choose among the methods indicated in the order form.

4.2 In no case will the User be charged higher costs than those actually incurred by the Seller, in relation to the chosen payment method.

4.3 In case of payment by credit card, financial information (for example, credit/debit card number or expiration date) shall be exclusively processed by Banca Sella, without third parties being able to access it in any way.
Said information shall never be used by the Seller except to carry out the procedures related to purchases and to issue refunds in case the products are returned, following exercise of the right of withdrawal or where it is necessary to prevent or report fraudulent activities to the police. The amount for the purchase of the products and delivery fees, as indicated in the order form, will be charged to the User’s bank account the moment the User’s order is shipped.

4.4  Until full payment of the ordered products’ price, the goods remain property of the Seller.

5. Execution of the order

Orders shall be executed in the terms specified on the order summary page and in the order confirmation email, subject to availability of the products ordered. The Seller may not be held liable 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 dispatch of the order confirmation.

6. Product availability

6.1  Prices, descriptions or availability of the products shown on Our Website are subject to change without notice. The pictures shown on Our Website are indicative and may not be an exact representation of the products. The Seller shall do their best to present the characteristics of the products with as much detail as possible on the website https://www.bernardellistores.com/ within each tab corresponding to the product viewed by the User. However, the pictures and colors of the items available for purchase on Our Website may differ from the real products due to multiple factors including, but not limited to, User’s device monitor, photographic filters etc.
Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.

6.2  The Seller constantly checks the accuracy of the prices shown on the website https://bernardellistores.com/. However, in the event of an error in the indication of the price of a product, the Seller shall halt the order and offer the User the opportunity to purchase the same product at the correct price or, alternatively, to purchase another product at the price already paid.

6.3  Prices of the products shown on Our Website are presented in Euro and include all applicable taxes.
Shipping fees are to be added to the price of the products and shall be indicated separately in the order form.

7. Delivery

7.1  Deliveries are performed through the use of carriers from Monday to Friday during business hours, except for public holidays, and are sent to the address provided by the User and in the manner specified in the order summary.

7.2 At the time of delivery of the products by the carrier, the User is required to verify the parcel content and specify any anomalies on the delivery form.

7.3 In case the User fails to collect the parcel within the deadline set by the carrier, the products shall be returned to the Seller. The Seller cannot be held liable for errors in delivery due to inaccuracies or incomplete compilation of the purchase order by the User, and for any damages occurring to the products subsequently to their delivery to the carrier or for delays in delivery ascribable to the latter.

8. Right of withdrawal

8.1 In case the User reconsiders the purchase made through our Website, they have the right to withdraw the contract without providing reasons within 14 days upon receiving the goods. The withdrawal period expires 14 calendar days after the day on which the User or a third party designated by the User, who is not the carrier, acquires physical possession of the goods. To exercise the right of withdrawal, the User shall notify the Seller by writing a request to the e-mail address [email protected]. The e-mail shall include the item codes of the products the User intends to return. After receiving the return request, Bernardelli’s customer service shall provide the User with a written confirmation including the instructions for the product return to be followed by the User. The Seller reserves the right to ask the User for pictures of the products they wish to return.

8.2 The right of withdrawal is intended to be exercised correctly when the following conditions are fully met:

a) the withdrawal request must be sent to the Seller within 14 days of receipt of the products;
b) the label of authenticity, attached to the garment by a disposable safety seal must never be removed and must be found perfectly intact. In no case the Seller will accept returns where the safety seal is found chipped, broken, cut, removed or tampered with;
c) the items must not in any way have been used, worn, washed, ironed or handled;
d) all labels present on the item, both fabric labels or swing-tags, must be found intact and must never be removed from the article;
e) the goods must be returned in the same conditions in which they were shipped to the User and must be wrapped and packaged properly;
f) the goods to be returned must be handed to the shipper/carrier/courier within 14 days after the User has informed the Seller via e-mail about the decision to exercise the right of withdrawal;
g) the products must not present any damages;
h) the Seller does not accept returns or exchanges for articles that have Launch Dates and/or items that are part of Capsule Collections;
i) Swimwear and underwear (bikinis, boxers, etc.) must be tried on over the User’s personal underwear. Return of these items shall be refused and the package sent will be returned to the User in the case where the transparent label of hygienic protection is found removed, or in the case the items present signs of use;
l) shoewear must be returned with no signs of use and/or marks and in its original undamaged packaging as it constitutes an integral part of the product.

8.3 Shipping and Customs fees are responsibility of the User and shall be deducted from the User’s final refund, also the shipment is at the User’s risk. The Seller cannot be held responsible for any loss or damage due to inadequate packaging or delay in delivery.

8.4  After the Seller is delivered the returned products and they verify that the goods comply with all requirements stated in Article 8.2 of the Terms and Conditions, the User shall receive an e-mail stating the acceptance of the return or, in the case where a decrease in value of the returned products is found, the User shall be informed via e-mail of the amount deducted from their refund as reimbursement curtailment. The User may choose to accept the curtailment of the reimbursement due to decrease in value of the goods they returned, or they may request for the products to be returned to them at their expenses.
In the case where the User refuses said option, the Seller reserves the right to retain the goods and the amount indicated for reimbursement curtailment, due to decrease in value of the returned products.

8.5 Whichever payment method the User chooses, the refund is triggered by the Seller in the shortest possible time, and in any case within 14 days from the date of receipt of the withdrawal request and without undue delay in any event. The refund will be carried out using the same means of payment the User has chosen for the initial transaction. Reimbursement may be retained until receipt of goods or until the User demonstrates that they have shipped the goods, whichever is earlier.

9. Warranty

9.1 The seller does not sell goods that are used, flawed or of lower quality than the corresponding standards offered on the market. 

9.2  The essential characteristics of each product on Our Website are presented on their individual information page. Pictures and colors of the available products may not, however, correspond to the real products due to color and light changes caused by the Internet browser and screen used.

9.3 Product prices could be subject to updates. The User must ensure the final selling price is the one displayed before submitting the order form.

9.4 All products include an identification tag attached with a disposable seal. Users are invited to not remove said tag and seal from the purchased products, as they constitute an integral part of the garment.

9.5 The sale of products to the end consumer User is subject to the legal warranties provided for in Articles 129, 130 and 132 of the Italian Consumer Code regarding conformity of purchased products within 2 years from the delivery of the goods provided that notice is given within 2 months of their discovery. The action to establish a lack of conformity not intentionally concealed by the Seller shall be, in any case, time-barred within 26 (twenty-six) months from the delivery of the product.

9.6  To exercise the warranty right, the User is required to inform the Seller via e-mail by writing to the address [email protected] providing an accurate description of the defect found and requesting restoration of conformity of the good by reparation or by replacement of the product free of charge.
The Seller reserves the right to ask the User for pictures of the products to be returned and in any case to check the defect of the product and, if they find lack of conformity in said good, they shall repair or replace the product at their own expense, including shipping fees.
The User also has the right to request a fair price reduction from the Seller or the termination of the contract in the following cases:

- if repair and replacement are impossible or excessively expensive;
- if the Seller does not repair or replace the goods within a reasonable time, in any case not less than 15 days from the initial request;
- if the replacement or repair previously carried out causes considerable inconveniences to the User.

The User is however obliged to return the defective products to the Seller.

10. Refund and limitation of liability - indemnification

10.1 The User undertakes to hold the Seller (as well as any companies of the same subsidiaries or affiliates, their representatives, administrators, agents, licensees, partners and employees) harmless and indemnified from any obligation or liability, including any legal costs incurred to defend themselves in court, that might arise in the events of damage caused to other Users or third parties, in relation to content uploaded online, the violation of the law or the terms of these Conditions of Sale. 

10.2 Our Website and all its accessible features are made available to Users under the terms and conditions referred to in the Agreement, without any guarantee, expressed or implied, that is not mandatory by law. In particular, no guarantee is provided concerning the suitability of the services offered for the particular purposes of the User.

10.3 Our Website and the features accessible through the Seller are used at the Users’ risk and under the Users’ responsibility.
Particularly, the Seller, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of the Seller. Therefore, the Seller shall not be held liable:

- for any loss or damages that are not a direct consequence of the breach of contract by the Seller;
- for any loss of business opportunity and any other loss, including indirect loss, possibly suffered by the User (including, but not limited to, business losses, estimated loss of revenue, revenues, profits or savings, loss of contract or business relations, loss of reputation or goodwill, etc.);
- for damages or losses resulting from interruptions or malfunctions of Our Website due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and outside of the Seller’s control such as, by way of example and not exhaustive, faults or interruptions to telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural events, viruses and cyber-attacks, interruption in delivery of third-party products, services or applications; and incorrect or improper use of Our Website by Users or third parties.

11. Privacy

The User may obtain information on how the Seller processes personal data by reading the Privacy Policy and the General Terms & Conditions. 

12. Miscellaneous 

12.1 The Seller reserves the right to make changes to the terms at any time, including in the event of changes in regulations. The General Conditions of Sale are considered effective from the date of publication on the website https://www.bernardellistores.com/ 

12.2 All communications concerning Bernardelli Stores must be sent using the contact information indicated in the Contract.

12.3 Should any clause prove null and void, invalid or ineffective, said clause shall be deleted while the remaining clauses shall not be affected and shall remain fully valid and effective.

13. Applicable law and jurisdiction

13.1 These General Terms and Conditions of Sale, as well as contracts concluded with Users, are regulated by Italian law.

 

13.2 Any dispute arising from these General Conditions’ interpretation, validity and/or execution, shall be assigned to the binding and exclusive competence of the judge of the User’s place of residence or domicile.