1. Who can buy on our Site
2. How a contract is concluded
3. Product quality and guarantee
6. Right of cancellation (Returns) 7. Privacy and conditions of use of the Site 8. Customer service 9. General clauses 10. Applicable law and jurisdiction
These general terms and conditions (hereinafter the “General Terms and Conditions”) govern the sale of products under the Brekka brand on the website www.brekka.it (hereinafter, the “Site”) registered with the Milan corporate register under number REA mi-1280299, with registered office at Via Pogliaghi 1, Milan, Italy.
The information contained in the order form is an integral part of these General Terms and Conditions. In sending the form, the user confirms to know and accept the General Terms and Conditions and any other information contained on the website www.brekka.it (the “Site”), including the terms and conditions of use and the privacy information regarding on-line purchases. Therefore, we recommend that you read them carefully.
Purchases of products or services on sites other than the Site, even where accessible via hypertext links on the website, are not governed by these General Terms and Conditions.
1. WHO CAN BUY ON OUR SITE
1.1 The products on sale on the website may be purchased by natural persons of age of majority under Italian law (over 18 years) and who purchases the products for purposes outside of the course of their business or trade, as end consumers.
2. HOW A CONTRACT IS CONCLUDED
In filling out the appropriate order form and sending it to the Seller per the instructions online, you offer to purchase the products from the Seller under the conditions established in the order proposal and in these General Terms and Conditions. 2.2 The contract is considered concluded only upon confirmation of acceptance of the order by the Seller, which will be sent to you electronically, to the e-mail address provided on the order form, along with a copy of these Terms and Conditions of Sale.
2.3 To correctly make the purchase, please follow the procedure below: i) Carefully read these General Terms and Conditions available via a link in the order form, print a copy of them or save them on another medium. If you do not agree with any of the terms and conditions contained in these General Terms and Conditions, do not send an order to the Seller; ii) To allow you to carefully consider your chosen purchase, the order form contains a summary of all relevant information: the Seller’s identity; the main characteristics of the products ordered; the final sale price including all taxes and levies, methods of payment; delivery charges and methods; withdrawal conditions and the times and means for returning products in the event of withdrawal;
iii) Carefully complete all the required fields in the order form; in the event of an error, you can correct or modify the data entered at any time until the order is shipped. 2.4 The Seller reserves the right to refuse orders received if: i) the order is placed by someone other than the person identified in Article 1; ii) the order is incomplete or has been completed incorrectly; iii) the shipping address provided in the order is not located in one of the Countries to which the Seller delivers or is located in a Country other than that of the Site through which the order was placed; iv) the products ordered are no longer available; in this case we will notify you of our inability to accept the order as soon as possible and in any case within 30 days of the day after order placement.
2.5 The languages which may be used to conclude the contract are Italian and English. 2.6 Once the purchase has been made, we will send you an e-mail containing a summary of all the information specified in the order form: the Seller’s identity, main characteristics of the products ordered, price including taxes and charges, delivery charges and methods, withdrawal conditions and time and means for returning products (some of this information is included in the copy of these conditions that we will attach to the summary e-mail).
2.7 In any case, orders received and their General Terms and Conditions will be stored by the Seller in electronic format to guarantee the proper execution of the contract and as required by law. You may check your order status in the appropriate section on the website.
3. PRODUCT QUALITY AND GUARANTEE
3.1 The Site sells only products under the Brekka brand that meet our quality standards. 3.2 The main product characteristics are described in each product card. Remember, however, that the photographs and colours may differ from the product’s actual appearance for reasons related to the browser used or computer monitor. It is understood that in these cases, any dissimilarities cannot be considered a patent defect of the product ordered. 3.4 If you qualify as a consumer, Brekka products sold via the Site are covered by the guarantees established by Articles 129, 130 and 132 of the Italian Consumer Code (Leg. Decree 206 /2005, hereinafter the “Consumer Code”). Therefore, you have the right, at no charge, to have the item restored to compliance through repairs or replacement, or if these remedies are impracticable or excessively costly compared to others, to an appropriate reduction in price or termination of the contract. However, these rights are forfeited if the patent defect is not reported within two months of discovery of the defect. In any case, direct action to report the defects expires 26 months from delivery of the merchandise.
4.1 The prices of the products on sale on the website are subject to change. Therefore, we recommend that you carefully check the effective sale price on the order form along with the other information regarding the products you wish to purchase. 4.2 You may choose one of the payment methods indicated on the order form. Applicable VAT, taxes and levies are already included in the total price as indicated in the confirmation phase of the purchase order. 4.3 In case of payment via credit/debit card, the amount indicated on the order form will be debited only when the products are transferred to the courier (delivery times and means are described in Article 5 below). 4.4 It is important to us to guarantee the security of Consumers’ online transactions when purchasing products from our website; this is why we send your credit/debit card data (number, expiry date, security key) automatically via a secure protocol to the bank providing remote payment services, taking measures to prevent abusive or unauthorised access by third parties. We reserve the right to block the order or shipping in the event of suspicious transactions. Should this occur, we will contact you to confirm the regularity of the transaction and continue the transaction. In the event this security procedure is activated, the delivery date of the products ordered may be later than originally indicated. 4.5 We remind you that we may be required to use your credit/debit card data again even after payment should we need to refund you for one of the cases indicated in these General Terms and Conditions or by law.
5.1 We consider the products ordered to be delivered to the customer when he acquires their physical possession or control 5.2 For this purpose, when you place your order, you grant us a mandate to conclude, on your behalf, the shipping contract for the delivery of the products ordered to the address you indicate. 5.3 If the courier is unable to deliver your product, even temporarily, due to the unavailability of the products ordered or for other reasons, we will inform you without delay, and in any case within 30 days of the day following order placement. In this case, we will not debit any amount from your credit/debit card and will immediately cancel the payment transaction initiated by you. 5.4 Final delivery to the location indicated by you is estimated at approximately 4-5 business days for Italy, 5-7 business day for Europe except in cases of force majeure, unforeseeable circumstances and any other cause beyond the Seller’s control, in which case delivery will be automatically delayed by the number of days necessary. 5.5 We will send you a confirmation e-mail as soon as we transfer the merchandise to the courier. You will be able to monitor delivery via the address specified during the purchase phase, or, for registered users, in your My Account area.
5.6 The courier will attempt to deliver the merchandise to the address specified by you, without making an appointment. If no one is present at the specified address, the courier will return the next business day, and the next, for a maximum of three visits, including the first. If no one is present on any of the three delivery attempts, the Seller may, at its exclusive discretion, decide whether to take back the shipped products, cancel the sale and refund the amounts paid, or contact you to define other forms of delivery. It is understood that the Seller cannot be held liable if it decides to cancel the sale because of your absence.
6. RIGHT OF WITHDRAWAL (RETURNS)
6.1 We remind you that if you purchased our product for a purpose outside of the course of your business or trade (i.e. as end consumer), you have the right to withdraw from the contract governed by these General Terms and Conditions within fourteen days of receipt of the products, with no penalty and no obligation to provide grounds for doing so. Products may be returned using the simple procedure described in in Article 6.3 below or via the procedure described by the Consumer Code, summarised below. 6.2 To use the procedure described by the Consumer Code, you: a) Communicate to us your will to withdraw from the contract by sending the withdrawal form attached to the confirmation of acceptance of order, duly filled in, or any other written notice of your clear will to exercise your right to withdraw to Brekka Srl., Customer Care E-Commerce, Via Pogliaghi, 1, 20146, Milano, Italy (which provides Customer Care services for the Seller). The notice must be delivered within fourteen business days of the date of receipt of the products
(b) Return – at your expenses – the products within a maximum of 14 days from the date of the communication, sending them to Brekka Srl – Via Pogliaghi, 1, 20146, Milano, – Italy. Returned products must be in the same condition in which they were received, with labels and cards intact, except for normal wear, and must be returned in their original packaging (the original packaging is an integral part of the product sold); (c) We will not be responsible for refunding products sent by you but not received by us due to loss, theft or damage not attributable to us.
(d) We inform you that you have to bear the cost of returning the products. (Consult the Consumer Code to learn more about your rights)
6.3 If you prefer, you can also exercise your right of withdrawal using the following procedure, which we have defined to offer you an easy service, with no additional costs and with no risk of product loss during returns: (a) Ensure that all products are in the same condition in which they were received and that they have not been used; remember that all hangtags must be attached to the products.
(b) E-mail us at [email protected] with your order number and the return’s reason we will answer you in 24h.
(c) Prepare the package, inserting the return form and attaching the preprinted and prepaid TNT (from Italy) or DHL (from other countries) label to the original packaging. Be sure to cover the initial shipping address with the new label. This will ensure you will be refunded in the event of theft or loss during shipping
(d) Reserve package pickup: contact TNT (from Italy) or DHL (from other countries) by telephone or online, within 15 business days of the delivery date, to define the pickup date and address.
(e) If you chose the procedure pursuant to Article 6.3, we will withheld an amount equal to the initial delivery costs from your refund as shipping cost to return the products. If we offered you free initial delivery costs, no amount will be deducted from your refund. In no way does this procedure limit the rights assigned to you by law. Therefore, you can also exercise your right of withdrawal under the conditions described in Article 6.2. Consider, however, that if you use our procedure, you can be certain of being reimbursed in the event of theft or loss during shipping to our warehouse.
6.4 If all of the conditions provided by art. 6.2 or art. 6.3 above are satisfied, you will receive an e-mail confirming acceptance of your return and we will refund the amounts paid, which will include both the cost of the products and initial delivery costs, deducting the cost of return pursuant to Article 6.3(e) in any, within a maximum of 14 days from the date on which we are informed of your withdrawal. We remind you that we do not replace products, and that you can return your product using the procedure described in Article 6.3 only from the country in which the order was placed. 6.5 If this is not the case, or if one of the conditions above is not respected, we will notify you that the return has not been made correctly. If, in the meantime, the products have been returned to us, you can ask that they be returned to you, with shipping costs charged to you; otherwise, the returned products will remain with the Seller for three months, without you having the right to claim any amounts already paid. At the end of three months, the Seller may keep the merchandise which is the purpose of this contract, as a penalty, for failure on your part to take delivery.
7. PRIVACY AND CONDITIONS OF USE OF THE SITE
7.1 Protecting your data and respecting your privacy are a priority for us.
7.4 Contact us at: [email protected] in case of doubt, or should you have any questions regarding the way in which your data is processed or on the purpose of processing.
8. CUSTOMER SERVICE
8.1 For information requests, complaints or suggestions, contact our customer service department at [email protected] , or write to Brekka Srl, Customer Care E-Commerce, Via Pogliaghi,1, 20146, Milano, Italy.
9. GENERAL CLAUSES
9.1 If any term or condition of this agreement is invalid, illegal, null or unenforceable under local law, said invalidity, illegality, nullity or unenforceability will not affect the other valid, legal, effective and enforceable terms or conditions, which remain valid and enforceable between the parties. To obtain results as close as possible to the original intent of the parties in the case of invalidity, illegality, nullity or unenforceability, the parties will negotiate in good faith on how to replace the misstatements, or in the event no agreement can be reached, the competent judge by law will decide. 9.2 The Seller reserves the right not to sell its products to certain specifically selected buyers, for example for purchases made by subjects who the Seller, at its own discretion, considers to be abusing or have abused the online sale services. The Seller reserves this right to prevent abuse and it will not be used to discriminate on the basis of sex, race, language, religion, political opinion, or personal or social conditions.
9.3 The use of the Site is governed by the conditions of use available in the Legal Area section of the website. The buyer declares to have read the Customer Service section and the instructions and rules contained therein.
10. APPLICABLE LAW AND JURISDICTION
10.1 Once accepted by the Seller, the transaction which is the purpose of the order proposal constitutes a valid contract between the Seller and the buyer.
10.2 The Contract is governed by Italian law and the judge of the Milan court is competent to settle any controversy directly or indirectly related to the interpretation, execution and performance of the Contract and of the General Terms and Conditions, unless otherwise stated by applicable law.