TERMS AND CONDITIONS
Article 1 - Scope of application.
1.1 These General Terms and Conditions of Sale govern the offer and sale of handcrafted apparel (hereinafter referred to as Products) on the website www.giorgiobrato.it (hereinafter referred to as the Website).
The Products marketed on the Website are offered and sold by BRASCHI GIORGIO S.R.L. (VAT Reg. no. 02398721205), a company entered into the Bologna Companies Register (REA number BO - 436559), with registered office in San Marino di Bentivoglio, Via Monari Sardé 2/4 (hereinafter referred to as the Seller) and are identified by the registered figurative trademark "Giorgio Brato" and "Bratovich" (hereinafter referred to as the Trademark).
1.2 The user declares to be aware that the Seller markets high quality products individually created by third-party artisan companies.
1.3 Access to the Website's offers is permitted to consumers and non-consumers, provided they are older than 18. For the purposes of Article 3, paragraph 1, letter a) of legislative decree no. 206 of 6 September 2005 (hereinafter referred to as the Consumer Code), "consumer" means a natural person pursuing purposes other than any entrepreneurial, commercial, artisan or professional activity.
1.4 The sale of Products on the Website constitutes a remote contract governed by Articles 45 et seq. of the Consumer Code and legislative decree no. 70 of 9 April 2003 (containing the rules for electronic commerce).
1.5 With reference to the sales made on the Website, the parties agree that these will be governed exclusively by these General Terms and Conditions of Sale, whose current text can be viewed and printed by accessing the page of the Website www.giorgiobrato.it/terms/terms-and-conditions
Article 2 - Website Registration - user identification.
2.1 Access to the Website is allowed without registration for all users, while registration is required for users to purchase Products. Registering with the Website is free of charge.
2.2 Registration is a necessary tool to identify the user/customer, whose data will be used by the Seller, for the purpose of issuing and completing the delivery documents and any other tax document required by law. Notwithstanding the above, the user will be entitled to specify a place of delivery of the product other than the place of residence as resulting in the registration, excluding any liability of the Seller for delivery to a party other than the user/customer.
Article 3 - Information for the execution of the contract.
3.1 The user declares to have unilaterally and freely identified and chosen the essential elements of the contract (subject, quantity, delivery destination, payment method) by filling out the “ELECTRONIC ORDER FORM”.
3.2 By accepting these terms and conditions, the essential elements of the contract, as identified above, are to be considered definitive and irrevocable, the user having completed the order form and amended/confirmed it through the acceptance of the “ORDER CONFIRMATION” form.
3.3 The purchase contractual proposal (hereinafter referred to as the Order) shall be deemed to have been received by the Seller at the time the latter receives the “ORDER CONFIRMATION”.
3.4 The Seller reserves the right to reject the “ORDER CONFIRMATION” within 3 working days from receiving it. Any refusal of the "ORDER CONFIRMATION" will be communicated via e-mail to the address indicated by the user during registration; the communication will contain the indication of the terms and methods for returning the price.
3.5 The Seller reserves the right, at its sole discretion, not to accept the purchase proposals:
- in the case of orders of less than 100 (one hundred) euros, considering the minimum value of the order as a prerequisite for the execution of the contract;
- if the product is out of stock;
- if the product delivery destination cannot be reached by the approved couriers.
3.6 In case of acceptance of the Order, the Seller will send an e-mail containing the purchase summary information, as well as the date of delivery to the address indicated (hereinafter referred to as "ACCEPTANCE"). The user declares to be aware that the variability of the delivery terms is closely connected with the high quality of the product, created according to artisan techniques, consequently excluding a mass production. If the delivery terms indicated are more than 20 working days, the user will have the right to withdraw from the contract by sending an e-mail to firstname.lastname@example.org, to be received by the Seller, under penalty of forfeiture, no later than 2 days after sending the order acceptance e-mail.
Article 4 Payment terms and methods.
4.1 The user must pay for the ordered product in advance. Failure to pay shall trigger an express termination clause for this contract.
4.2 The user may choose to pay for the Products with the following methods:
In case of payment by credit card, the financial information (for example, the number of the credit/debit card or its expiry date) will be forwarded, by encrypted protocol, to BPer or Carisbo, which provide the relevant remote electronic payment services, without third parties having access to it, in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to the purchase and to issue refunds in the event of any product returns, as a result of exercising the right of withdrawal, or when it becomes necessary to prevent or report the commission of crimes to the police. The product purchase price and the shipping costs (if applicable), as indicated in the order proposal, will be charged to the current account of the user/customer at the time of shipping the purchased products.
oPayPal payment system.
In this case, the user will be redirected directly to the website www.paypal.com, where he/she will pay for the Products according to the envisaged and regulated procedure, as well as to the terms and conditions of the contract set forth therein. The amount of the transaction will be charged directly by PayPal. The Seller shall not be held responsible for any delays or omissions in crediting the amount or in reimbursing the sums paid. Users must contact PayPal directly for any claims.
4.3 The total amount due (consisting of the purchase price, delivery charges, if applicable, and any other additional cost, as indicated in the ORDER CONFIRMATION) will be charged to the user's credit or debit card upon completing the purchase process referred to in Article 3 and before shipping the Product.
Article 5 Indicated prices and delivery terms.
5.1 The prices as reported in the Order and in the ORDER CONFIRMATION must be considered inclusive of taxes and duties, if and as applicable in the event of delivery within the EU; for destinations outside the EU, custom duties, taxes and levies shall be borne by the User.
5.2 Delivery costs are to be borne by the user, unless otherwise stated in the "product description", in which the free delivery will be indicated with the words: "free delivery". The delivery costs described in the product sheet refer to the so-called standard delivery price, with the Seller reserving the right to indicate in the "ORDER CONFIRMATION" any additional shipping costs arising from, but not limited to, the destination of the product and the delivery methods and time.
5.3 The delivery terms indicated in the "ACCEPTANCE" must be considered as approximate; in particular, the Seller's liability for delays deriving from unforeseeable circumstances, force majeure, facts not attributable to the Seller, including third-party cases (such as, by way of example, carrier, outside contractor, etc.) is to be considered as excluded. The Seller also reserves the right to make partial deliveries, excluding liability for late delivery for products not yet delivered.
5.4 In the event that the Product purchased is not delivered or is delivered late compared to the delivery terms indicated in the "ACCEPTANCE", the user is required to ask the Seller to make the delivery within an additional period that is appropriate to the circumstances and customs, however not shorter than 15 days, before terminating the contract by notice sent via e-mail to email@example.com. Given the non-essential nature of the Product, in the event of terminating the contract, due to failure to deliver and/or delayed delivery pursuant to this article, the Seller will be required to refund the Product price, with no other claim by the user.
5.5 The delivery period is deemed to have been fulfilled and respected with the delivery of the Product to the third-party carrier. 5.6 Upon delivery of the Product, the user must check the goods received. Notwithstanding this obligation known and recognised by the user, the Seller, and the carrier on its behalf, is entitled to consider that the person found at the stated place of delivery is the person entitled to receive, check and launch a complaint concerning the goods.
5.7 Without prejudice to the provisions of Article 6 below, the user undertakes to check the Products received at the time of delivery by the carrier. Notwithstanding the application of the mandatory rules protecting consumers, the user is required to report any defects within 8 days of delivery, in writing, by sending a specific report by e-mail to firstname.lastname@example.org (except for concealed defects for which a report must be sent within 8 days from their discovery).
5.8 Following the complaint, the Seller shall have the right, at its sole discretion and notwithstanding the recognition of the defect, to return the price, replace the Product or reduce the price, alternatively, at its indisputable choice. This is without prejudice to the Seller's right to request a check on the defective Product, by returning the product at the customer’s expense. The disputed goods may only be returned to the Seller with the Seller's specific consent.
5.9 If, after a check run by the Seller, the defect does not prove to be a production or tailoring defect, the customer/user will be charged any checking and repair costs, where applicable, as well as transport costs if incurred by the Seller.
5.10 It is understood that in the event of legitimately exercising the warranty, the Seller's obligation to pay compensation for damages is limited and ends with the return/replacement/reduction of the price of the Product.
5.11 The foregoing is without prejudice to the application of the rules for consumer users as referred to in Attachment A.
Article 6 - Legal Warranty.
6.1 The user expressly declares to be aware that the Products are made with natural tanned leather and created according to artisan techniques, and offered on the Website through the photographic reproduction of a sample. Any differences between the garment published on the Website and the one delivered shall not be attributable to defects.
6.2 Given the above characteristics, the Seller's warranty under this article shall therefore be excluded in the following cases:
a) shading/hues/irregularities/loss of colour, as these are typical and specific to the Seller's type of Product;
b) alteration/modification of the Product due to exposure to atmospheric factors (as expressly indicated in the identification tags affixed to the Product);
c) differences between the image and the colours of the sample of the Product represented on the Website and the actual Product;
d) violation by the user of the instructions for use, storage and washing as specified in the identification tags affixed to the Product.
As regards the methods, times and rights of the user in the event of defects, please refer to the provisions of Article 5 above.
Article 7 - Partial execution of the order - possible refund of the price.
7.1 In the case of an order concerning several Products, if the sudden unavailability concerns only some of them, the user will be entitled to terminate the contract, limited to the Product(s) that has(ve) become unavailable, if the delivery time is more than 20 business days, and without prejudice to the consumer user rights and prerogatives provided for in Article 61, paragraphs IV and V, of the Consumer Code.
7.2 The Seller shall refund the amount due in relation to such Product(s), including the delivery costs, if paid, as provided for in Article 7.3 below without undue delay and, in any case, within a maximum of 15 business days of sending the “ACCEPTANCE” by e-mail to email@example.com
7.3 With particular regard to delivery costs, the amount to be refunded to the user will only be due in the event of a change in the amount of the shipment in relation to the remaining products, and will be calculated in proportion to the value of the Product subject to withdrawal. Obviously, the amount of delivery costs to be returned may never exceed those actually paid by the user.
Article 8 - Applicable law and Jurisdiction.
8.1 For any matters not covered and regulated by these general terms and conditions, exclusive reference is made to the provisions of the Italian law, with express waiver to apply different laws.
8.2 The Italian judicial authorities shall have jurisdiction over any dispute or action deriving from these General Terms and Conditions of Sale. In particular, the Court of Bologna has exclusive jurisdiction, with the exception of the purchase by consumers, who may appeal to the Court of their place of residence.
(a) Principle of severability: if one or more of the provisions contained in these General Terms and Conditions of Sale is or is declared invalid, this shall not nullify the other provisions.
(b) Principle of image tolerance and website descriptions: the images and descriptions on the Website reproduce the characteristics of the Products as closely as possible. However, the colours of the Products may differ from the actual colours due to the settings of the computer systems or the computers used to display them. Therefore, these images should be considered as approximate and with some tolerance. For the purposes of the contract, the description of the Product contained in the order form shall apply.
(c) Conditions in force: The General Terms and Conditions of Sale applicable are those in force on the date of sending the "ORDER CONFIRMATION".
SPECIFIC PROVISIONS FOR THE CONSUMER USER
The exceptions contained in this attachment apply only to consumer users. These include, in accordance with Article 3, paragraph 1, letter a) of the Consumer Code, the natural persons pursuing purposes other than any entrepreneurial, commercial, artisan or professional activity.
With the exception of the following, the provisions of the general terms and conditions of sale also apply to consumer users.
1. Exercising the right of withdrawal for the consumer user.
a) The consumer user has a unilateral right of free and unjustified withdrawal from the contract pursuant to Articles 52 et seq. of the Consumer Code in the mandatory term of fourteen working days, starting from:
i) in the case of an order for a single Product, the day on which the user or the person appointed by them, other than the carrier, takes effective possession of it;
ii) for multiple orders, i.e. consisting of multiple lots or pieces, this period shall run from the moment in which effective possession of the last lot or piece is taken.
b) The user must exercise his/her right of withdrawal by informing the Seller by e-mail to the e-mail address firstname.lastname@example.org
c) Regardless of the method of withdrawal, the Seller undertakes to:
- send without delay, by e-mail, a confirmation of receipt of the request for withdrawal, if made within the withdrawal period;
- reimburse the total amount, including the delivery costs, if incurred, without undue delay and in any event no later than 14 calendar days from the day on which it was informed of the user’s decision to withdraw from the contract;
- the user will also be reimbursed for the delivery costs, with the exception of the additional costs arising from the choice of a different type of delivery from the standard one offered;
d) The Seller may hold the refund until it has received the Products or until it has received evidence that the Products have been returned.
e) In the event that, in one of the cases provided for by law, the right of withdrawal does not apply (and in particular, in the case of tailor-made or clearly personalised Products or Products that are likely to deteriorate), specific and express notice will be given, during the purchase process, before the "ORDER CONFIRMATION".
2. Returning the goods following withdrawal.
a) The user must return the Products or deliver them to: BRASCHI GIORGIO S.R.L, San Marino di Bentivoglio, Via Monari Sardé 2/4, without undue delay and in any case no later than fourteen (14) working days from the withdrawal notice date.
b) In particular, the deadline for withdrawal is deemed to have been met if the Products are returned to the Seller before the expiry of the 14-day period.
c) The return of the goods must take place under the following conditions
- the Products must not have been worn, used or washed;
- products must not be damaged or dirty, must have not been handled or otherwise altered;
- the identification tag must still be attached to the Products with the disposable seal/distinctive component, which is an integral part of the product;
- the products must be returned in their original paper or protective packaging, with all their accessories and together with their packaging components;
- the products must be returned in their original protective outer packaging.
If the user no longer has the original packaging, they must use appropriate packaging to avoid damage to the Product due to unsuitable packaging.
d) Prior to returning the product, an e-mail must be sent to email@example.com
e) If the user decides to use UPS for shipping and to adopt the pre-printed adhesive label with the return address included in the package containing the products purchased, he or she will not have to pay the return costs directly. In fact, the Seller will pay the courier, withholding from the refund a lump sum equal to the cost previously incurred for delivery of the products purchased to the user's home. The user must contact UPS to arrange the collection. This method of shipping also allows the location of each package to be checked at any time, thus freeing the User from any liability in case of loss of or damage to the products during transport.
f) If, on the other hand, the User decides to use a shipper other than UPS, he/she will have to pay the return costs directly and will be liable for any loss of or damage to the products during transport. It is understood that, in this case, an amount equal to the cost of standard shipping of the products purchased will also be refunded, while any additional costs incurred by the User for choosing a different and/or faster type of shipping and delivery than the standard one will not be refunded.
3. Non-compliance of withdrawal.
a) Withdrawal that does not comply with the terms and methods described above (by way of example: the withdrawal did not take place by the set legal terms, the Product was returned damaged or opened, etc.) will result in the illegitimacy of the unilateral termination and, consequently, no refund will be due. The Seller will inform the user of this circumstance within 5 business days from receiving the Product or from the request for withdrawal, if not concurrent.
b) If the Product has already been received, it will remain at the Seller’s, at the user’s disposal for collection, at his/her own expense and under his/her responsibility.
4. Dispute resolution.
a) In the event of failure to amicably settle the dispute, the Seller will provide relevant information on the Alternative Dispute Resolution entity or entities for the out-of-court settlement of disputes relating to obligations arising from a contract entered into in accordance with these general terms and conditions of sale (so-called ADR entities, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use these entities to settle the dispute.
b) The Seller also informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code, about the fact that a European platform has been set up for the online settlement of consumer disputes (so-called ODR platform). The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, consumers can consult the list of ADR entities, find the link to the website of each of them and initiate a procedure for the online settlement of the dispute they are involved in.
c) If the user resides in a Member State of the European Union other than Italy, he/she 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, excluding interest, fees and expenses, 2,000.00 euros. The text of the Regulations can be found on the website www.eur-lex.europa.eu.