Terms and Conditions
1. PURPOSE OF THIS DOCUMENT
The present General Terms and Conditions of Sale (hereinafter "General Conditions") govern the sale to end consumers (hereinafter "Customers" or "Customer") of women's clothing and related accessories marketed by LA BOTTEGA DI BRUNELLA DI MANDARA MARIA ROSARIA & C. S.N.C. (hereinafter "Bottega di Brunella") through the dedicated area of the website https://labottegadibrunella.it (hereinafter the "Site") following the procedures outlined within it.
The sales of Products between Bottega di Brunella and Customers will be regulated by these General Conditions. The Products may only be marketed through the Italian version of the site within Italy. For the purposes of these General Conditions, "end consumer" means any natural person acting for purposes unrelated to entrepreneurial, commercial, artisanal, or professional activities that may be carried out.
The Products are marketed by:
LA BOTTEGA DI BRUNELLA DI MANDARA MARIA ROSARIA & C. S.N.C.
VAT Number: 02125630653
Address: Via Pasitea, 72 | 84017 - Positano (SA)
For any information regarding these General Conditions and/or purchases made based on them, interested parties may fill out the appropriate assistance request form in the customer assistance area of the Site.
2. METHODS OF CONCLUDING THE CONTRACT
The information and details contained in the reserved area for e-commerce on the Site should not be considered offers: they simply constitute an invitation to Customers to conclude business by submitting purchase proposals.
The purchase proposal for the Products is formulated by Customers at the time of sending the electronic order form that Customers must complete and confirm on the order summary screen. If Customers wish to receive an invoice, they must select the appropriate option in the order form. Customers also have the option to indicate a shipping address different from that provided in their personal data. Once the order form is definitively submitted, a summary page of the order is displayed, and a confirmation email of the order receipt is sent.
By sending the order form, the Customer agrees that any purchase contract will be governed by these General Conditions. Therefore, all orders are subject to acceptance by Bottega di Brunella, which reserves the right, at its sole discretion, not to proceed with any order proposal in the event that:
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the data provided by the Customer at the time of completing the order form is incomplete or incorrect;
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the Customer cannot be classified as an end consumer or does not meet the requirements to proceed with the payment conditions;
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the ordered Products are not available. For this purpose, Bottega di Brunella will not be held responsible for variations in the availability of certain Products. If only part of the ordered Products is unavailable and there are no other reasons that may justify the non-acceptance of the order proposal, Bottega di Brunella will proceed with the order proposal only for the available Products.
In the cases indicated above, Bottega di Brunella will inform the Customer via email that the order proposal has not been accepted (in whole or in part) and, therefore, the contract is not concluded. In this case, Bottega di Brunella will refund the Customer any amounts already paid by them.
The purchase contract between the Customer and Bottega di Brunella will be concluded only when the Customer's order is accepted by Bottega di Brunella. In this case, Bottega di Brunella will send the Customer, to the email address provided by them, confirmation that the purchase order is being processed.
3. PRICES AND PAYMENT CONDITIONS
3.1. The selling prices of the Products, shipping costs, and payment methods are those indicated on the Site and are expressed in Euros. The selling prices of the Products include VAT but do not include shipping costs, which will be added to the total amount due. Bottega di Brunella reserves the right to change the prices listed on the Site at any time. Under no circumstances shall Bottega di Brunella be held responsible for any price changes.
3.2. The Customer agrees to pay the price of the purchased Products using the following methods:
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Online Credit Card: payment with Visa, Mastercard, Maestro credit cards. Credit card payments are processed directly by Shopify Payments, which, through the use of 128-bit SSL encryption protocols, ensures the security of online transactions. For this reason, Bottega di Brunella does not have access to the Customer's credit card details. Once the order is received, Bottega di Brunella will make a pre-authorization request on the Customer's credit card to ensure that they have sufficient funds to complete the transaction. Credit cards will be subject to checks and authorizations by the issuing entity. Bottega di Brunella will not be responsible for any failures in authorization by the issuing entity. Once the contract is concluded pursuant to the above Article 2, the charge on the credit card will be final;
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Paypal: in this case, the charge will occur at the time of confirmation of receipt of the order. In the event that Bottega di Brunella does not accept the order proposal, the amount will be credited back to the Customer.
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Klarna: payment through Klarna allows for the payment to be split into 3 (three) interest-free installments, which will be automatically deducted from the Customer's credit card. The first payment will be deducted when the order is shipped from the warehouse, the second after 30 (thirty) days from the shipping date, and the third after 60 (sixty) days from the shipping date. Terms and conditions for payment via Klarna can be found at the following link http://www.klarna.com. It is understood that Bottega di Brunella will not be responsible for any non-acceptance of this payment method by Klarna, nor for any disputes between the Customer and Klarna.
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Gift card: the amount due from the Customer will be deducted from the amount loaded on the Gift Card at the time of confirmation of receipt of the order. In the event that Bottega di Brunella does not accept the order proposal, the amount will be reloaded onto the Gift Card. Payments with Gift Cards are managed by Shopify Payments.
4. SHIPPING METHODS FOR PRODUCTS
4.1. The Products will be delivered based on the times and methods indicated in the delivery service chosen by the Customer among the various options listed on the Site. The transportation costs for home delivery are borne by the Customer and may vary based on the chosen delivery service. Once the shipment has occurred, Bottega di Brunella will send the Customer an email notification of the shipment with instructions on how to track the shipment. In the event of shipping delays due to causes beyond the control of Bottega di Brunella, the Customer will be promptly notified by Bottega di Brunella's customer service. Shipments are made only within Italian territory.
4.2. The risks related to the Products pass to the Customer at the moment of delivery of the Products to the Customer or to a third party designated by them. The risk transfers to the Customer already at the time of delivery to the carrier if the latter has been chosen by the Customer and this choice was not proposed by Bottega di Brunella.
5. RIGHT OF WITHDRAWAL
5.1. The Customer has the right to withdraw without any penalty and without specifying the reason, within 14 calendar days from the day of receipt of the Products purchased under these General Conditions.
5.2. The withdrawal may be exercised, within the term referred to in the above Article 5.1, by sending to Bottega di Brunella an express declaration from the Customer containing their intention to withdraw.
5.3. In order to simplify the exercise of the right of withdrawal, Bottega di Brunella provides the Customer, on the Site, with a suitable return procedure, which can be easily activated from the "My Orders" page within the Customer's personal profile ("Account") under "Returns and Refunds" or, for unregistered Users, through the "Track Your Order" section. In this case, Bottega di Brunella will provide the Customer with a confirmation of the exercised withdrawal.
5.4. It is an essential condition for the Customer to exercise the right of withdrawal that the integrity of the Products intended to be returned is preserved. In particular, the Products must not have been used, worn, washed, or damaged; the identification tag must still be attached to the Products with the tamper-proof seal, as well as the various composition and washing labels.
5.5. The Customer must exercise the right of return within 14 calendar days from the date of receipt of the Products. The Customer can choose to return the Products directly to a Bottega di Brunella store or ship them back via courier. The Products must be returned within 14 days from when the Customer informed Bottega di Brunella of their intention to withdraw. In the case of a return via courier, the returned Products must be sent to Bottega di Brunella in a single shipment. The Products must be returned using the same shipping packaging. Details on how to make a return can be found on the Site in the "Returns and Refunds" section and in the "Frequently Asked Questions".
5.6. Bottega di Brunella will process the refund as soon as possible and in any case within 30 (thirty) days from the date it became aware of the exercise of the right of withdrawal by the Customer, subject to verification of compliance with all necessary requirements for exercising the right of withdrawal.
5.7. The refund will be made by Bottega di Brunella according to the payment method used by the Customer at the time of online purchase. Consequently, if the payment was made using points accumulated with the Fidelity Card or another promotion, converted into discount vouchers, the refund will occur through the crediting of the aforementioned points/discount vouchers. It is understood that in the case of purchases made partly using discount vouchers and partly using another payment system, the refund will be made using each type of payment previously used by the customer.
6. TIMES AND METHODS OF REFUND FOR RETURNED PRODUCTS
6.1. If the withdrawal has been exercised within the terms and conditions established in the above Article 5 and the checks on the Products returned due to the withdrawal have been positively concluded, Bottega di Brunella will send the Customer, via email, the relevant confirmation of acceptance of the returned Products.
6.2. As a result of the above, Bottega di Brunella will refund the amounts paid by the Customer for the purchase, including delivery costs in the case of total return, net of any discounts and/or promotions.
The Customer will be responsible only for the decrease in value of the Products resulting from handling them in a manner other than that necessary to evaluate their characteristics. The return shipping is at the Customer's expense, who can choose the courier to use. Once the return is received, Bottega di Brunella will process the refund within 2-4 working days. By returning all items from the order, the cost of those items (net of any discounts) will be refunded, while in the case of a partial return, the cost of the returned items will be refunded net of any discounts.
7. PRODUCTS
7.1. The Products illustrated on the Site are original products of the "Bottega di Brunella" brand. The characteristics of each Product are listed on the Site within each product sheet; however, the colors may not correspond to the actual ones due to the internet browser and the monitor used.
7.2. The Products are guaranteed against any conformity defects existing at the time of delivery, as provided by Articles 130 and 132 of the Consumer Code.
8. PROTECTION OF PERSONAL DATA
Regarding all obligations related to the collection, processing of the Customer's personal data, and the related purposes, reference is made to the appropriate information contained on the Site.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of September 6, 2005 (Consumer Code) with specific reference to the regulations concerning distance contracts, as amended by Legislative Decree No. 21 of February 21, 2014 and Legislative Decree No. 70 of April 9, 2003 on certain aspects concerning electronic commerce. For any dispute regarding the validity, interpretation, or execution of these General Terms and Conditions of Sale, the territorial jurisdiction is that of the judge of the place of residence or domicile of the Customer.
10. CONTACTS
Contacts
For any assistance or further information, our team is at your complete disposal. You can contact us through one of the following channels:
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Phone: +39 089 875 228
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Email: info@bottegadibrunella.it
Our customer service team is available every day from 9:00 AM to 6:00 PM to answer your questions and provide all the necessary support.
Pursuant to Articles 1341 and 1342 of the Civil Code, I also declare to accept and expressly approve the provisions contained in Articles 2 (methods of concluding the contract), 3 (prices and payment conditions), 4 (shipping methods for Products); 5 (right of withdrawal); 6 (times and methods of refund for returned Products), 7 (Products), 8 (Alternative Dispute Resolution); 9 (protection of personal data), 10 (applicable law and dispute resolution).
