Conditions of sale

These Terms and Conditions of Sale set out the procedures for the online sale of watches, jewellery and leather goods bearing the “BREIL” brand on the website www.breil.com, in accordance with current legislation on distance contracts, as set out in Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”) and, in respect of matters not covered therein, Articles 7 and 12 of Legislative Decree No. 70 of 9 April 2003 (“E-commerce Decree”).

Identification of the seller

Before making any online purchase, the user is advised to read the Terms and Conditions of Sale, the Right of Withdrawal and the Privacy Policy carefully.

The seller is Binda Italia Srl, with its registered office at 20154 – Milan, Corso Sempione, 2, Tax Code and VAT No. 05025890962, registered in the Milan Register of Companies under No. REA MI – 1790276.

Contact details

For any information, assistance or enquiries regarding online purchasing, the warranty, the right of withdrawal or other matters, you may contact Binda Italia Srl’s customer service department (“Customer Service”) at the following email address: info@breil.com or on 02-39245301.

Definitions

•    Customer: a consumer who is a natural person aged 18 or over (or, if under 18, authorised by the person exercising parental authority or acting as their guardian) who makes a purchase for purposes unrelated to any commercial, business or professional activity they may carry out.

•    Terms and Conditions of Sale: these are all the terms and conditions of sale set out on the website www.breil.com, which apply to the contractual relationship between the Seller and the Customer.

•    Online Sales Contract: this is the contract of sale relating to the Products, entered into between the Seller and the Customer as part of a distance selling system organised by the Seller via electronic means.

•    Purchase Order: the Customer’s purchase order in electronic format, placed in accordance with the procedure set out in the Terms and Conditions of Sale, which constitutes a contractual offer by the Customer to purchase the Products.

•    Brand Packaging: the cases, booklets, tags and commercial guarantees and/or certificates of authenticity for “BREIL” and “Tribe by BREIL” products.

•             Products: these are the watches, jewellery and leather goods bearing the “BREIL” or “Tribe by BREIL” brand.

•    Website: this is the website www.breil.com, owned by Binda Italia Srl.

•    Territory: this comprises the Italian Republic, France and Great Britain, excluding duty-free zones.

•    Seller: Binda Italia Srl, with its registered office at 2 Corso Sempione, 20154 Milan, Tax Code and VAT No. 05025890962, registered in the Milan Register of Companies under No. REA MI – 1790276.

Subject Matter of the Online Sales Contract

Under the Online Sales Contract, the Seller sells and the Customer purchases the Products, as part of a distance selling system organised by the Seller via electronic means on the Website.

The information contained on the Website does not constitute an offer by the Seller.

The Website does not contain all the Products in the “BREIL” or “Tribe by BREIL” catalogues. The Products represent a selection of items normally available at shops selling “BREIL” and/or “Tribe by BREIL” products. Not all Products described on the Website are or will be available at all shops selling BREIL products and/or “Tribe by BREIL” products.

All Products are subject to current availability. The Seller reserves the right at any time to change, without prior notice, the limits on the quantities and/or types of Products that can be purchased online via the Website, as well as the styles, models and colours of the Products described on the Website.

Images of the Products on the Website may differ from the actual items due to the Internet browser and/or monitor used. For any information regarding the Products, the Customer may contact the Seller’s Customer Service on the freephone number 02-39245301 or send an email to info@breil.com.

The Products available on the Website may only be purchased by Customers who request delivery within the Territory.

Price

All sales prices for the Products listed on the Website are quoted in euros.

Unless otherwise stated, the prices of the Products include VAT and any other taxes (where applicable) and do NOT include delivery charges or the costs of any additional services, which will be highlighted in the product description.

The prices applied are those shown on the Website at the time the Customer places their order.

The Seller reserves the right to change the prices of the Products, delivery charges and costs for additional services without prior notice. Before submitting the purchase order, the Customer is advised to check the final price shown on the Product details page.

Any new prices, delivery charges and costs for additional services will apply only to purchase orders received after their publication on the Website.

The Seller ensures that the prices shown on the Website are correct, but does not guarantee that they are free from errors. Should an error be found in relation to the price of a Product, the Seller will contact the Customer at the email address provided by the Customer to give them the opportunity to reconfirm the order for the Product at the correct price or to cancel it.

Product Purchase Process

The Customer may make purchases by following the instructions provided on the Website, either as a registered user or as an unregistered user (a so-called ‘guest’)

Before making any online purchase, the Customer must carefully read and accept the Terms and Conditions of Sale, the information on the Right of Withdrawal and the Privacy Policy. The Customer will be asked to print a copy of these documents and to save or make a copy of them for their personal use.

To purchase Products, the Customer must add the Products to the designated ‘shopping basket’, after having read and accepted the Terms and Conditions of Sale, with particular reference to delivery charges, any costs for additional services and the information on the Right of Withdrawal, including details regarding the exclusion of the Right of Withdrawal in the case of made-to-measure Products or promotional offers, and must select their preferred payment method.

Before submitting the Purchase Order, the Customer will be asked to check for and correct any errors in the data entered.

All Purchase Orders sent to the Seller must be completed in full and must contain the information necessary to accurately identify the Customer, the Products ordered and the place of delivery. The Customer is strictly prohibited from entering false and/or fabricated and/or fictitious details during the purchase process. Personal details and the email address must be exclusively the Customer’s own personal details and must not belong to third parties or be fictitious.

The Purchase Order sent to the Seller constitutes a contractual offer made by the Customer online and contains information on the essential characteristics of each Product ordered, the relevant price, payment methods, delivery terms, postage charges and any additional costs.

By submitting the purchase order, the Customer unconditionally accepts the Terms and Conditions of Sale and confirms that they are aware of and accept the further information contained on the Website, including that accessed via links, such as the General Terms and Conditions of Use, the Privacy Policy and the Right of Withdrawal.

Upon receipt of the Purchase Order, the Seller will automatically send an email to the email address provided by the Customer in the Purchase Order, acknowledging receipt of the order – which does not constitute acceptance of the Purchase Order – in which the Customer is merely informed that the order has been received and that it has been subjected to a process to verify the details and availability of the requested Products.

The online sales contract shall be deemed to have been concluded and shall be binding on both parties at the moment the Customer receives confirmation by email from the Seller that, following verification of the Product’s availability and the successful debiting of the price, their order has been successfully processed and has therefore been accepted.

The email confirming acceptance of the Purchase Order will contain a link to the Terms and Conditions of Sale, information regarding the essential characteristics of the Products purchased, a detailed breakdown of the price of the Products and the payment methods, information on delivery charges and the costs of additional services, information on the conditions and procedures for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of bespoke Products or promotional offers, the Seller’s address to which complaints may be submitted, information on customer support services and existing commercial guarantees, as well as information regarding the dispatch of the Products and their expected delivery date.

The Customer must check the content of the communication without delay and immediately notify the Seller of any errors or omissions by sending an email to the Seller’s Customer Service at info@breil.com

Notwithstanding the above provisions, the Purchase Order submitted by the Customer shall be deemed null and void, and shall not be accepted by the Seller, if the Seller has reasonable and well-founded grounds to believe that the Customer:

1.    intends to purchase the Products not for personal purposes but for purposes relating to their own or another party’s business or professional activities. All Purchase Orders placed must, in fact, correspond to normal consumption requirements, both in relation to the number of Products purchased in a single Purchase Order and in the case of multiple orders relating to the same Product, even where each Purchase Order comprises a quantity of Products corresponding to normal consumption requirements; or

2.    uses false or fictitious names during the purchase process, in breach of the provisions set out in the preceding paragraph entitled ‘Product Purchase Process’.

In such cases, the online sales contract shall be deemed not to have been concluded and the Seller shall send the Customer, by email, a notification confirming that the Purchase Order has not been accepted and that the contract has not been concluded, cancelling any charges and/or costs payable by the Customer.

The Seller also reserves the right to fulfil the Purchase Order in part should one or more of the Products ordered by the Customer be out of stock. In this case, the Customer will only be charged the amount corresponding to the partially fulfilled order.

Once the online purchase procedure has been completed, the Customer must print and retain the Purchase Order, the order confirmation and the Terms and Conditions of Sale – which they will, moreover, have already viewed and accepted as a mandatory step in the purchase process – as well as the specifications of the product being purchased.

Every Purchase Order submitted will be stored in the Seller’s database. Registered Customers may access their Purchase Order at any time to check its status by visiting the Website and going to the ‘Order Status’ section, entering the email address used when placing the order and the code received in the confirmation email in the fields provided there. If the Customer is not registered, they may obtain information about their Purchase Order by sending an email to Customer Services at info@breil.com, stating the order code, or by contacting the freephone number 02-39245301.

The Purchase Order, the Seller’s order confirmation and the Terms and Conditions of Sale will be stored electronically by the Seller on its IT systems, and the Customer may request a copy by sending an email to Customer Services at info@breil.com.

Payments

Any payment made by the Customer may only be made using one of the following methods: credit card, prepaid credit card, PayPal, instant bank transfer, cash on delivery (payment upon delivery in cash only), Scalapay and Apple Pay.

Payments made by credit card or other electronic means are processed via a secure connection, directly linked to the bank that owns and operates the online payment service with which the Seller has an agreement. The Seller does not have access to its Customers’ credit card details and cannot be held liable for any fraudulent use of the card. Such details are received directly and exclusively by the banking institutions that authorise the payment, which merely notify the Seller of the outcome.

When paying via PayPal, the Customer must follow the procedures set out on the PayPal website. The amount relating to the order will be debited from the Customer’s PayPal account upon receipt of the order by the Seller. For every transaction carried out via the PayPal account, the Customer will receive a confirmation email directly from PayPal. In the event of a subsequent cancellation of the order, the refunded amount will be credited to the Customer’s PayPal account, and the Seller cannot be held liable for any direct or indirect damages caused by delays in PayPal releasing the amount held.

Payment by cash on delivery (which incurs an additional fixed charge) must be made to the courier upon delivery of the product, exclusively in cash.

If the Customer purchases via Scalapay (this method can be used for payments of €49 or more), they will receive the order immediately and pay in three instalments. The Customer acknowledges that the instalments will be assigned to Incremento SPV S.r.l., its related parties and their assignees, and that they authorise such assignment.

Should it prove impossible, for any reason, to charge the Customer for the amounts due, the Seller will send a notification of non-acceptance of the Purchase Order to the email address provided by the Customer. The purchase process will be automatically cancelled and the online sales contract will be deemed not to have been concluded.

Any refund to the Customer will be credited using one of the methods offered by the Seller and chosen by the Customer.

The Seller will send a notification email once the refund has been processed to the email address provided by the Customer in the Purchase Order.

Delivery times and methods

The Seller will arrange for the Products to be delivered to the Customer via trusted couriers from Monday to Friday, excluding Saturdays, Sundays and public holidays.

For deliveries within Italy, delivery takes 1–3 working days after the order has been dispatched (for certain regions and remote areas, this may take up to 2 additional working days). For shipments to all other countries, delivery takes 2–5 working days after the order has been dispatched.

For ‘bespoke products’ – that is, orders requiring engraving and/or bracelet sizing – delivery times may be up to 5–7 working days after the order has been dispatched.

The delivery times mentioned above are purely indicative and may be subject to change, with longer waiting times during public holidays and the sales period.

Except in cases of force majeure or unforeseeable circumstances, delivery times, in accordance with Article 61 of the Consumer Code, shall not exceed 30 days from the day following the date on which the purchase order was sent to the Seller, unless the Seller notifies the Customer – within the same timeframe or by the agreed final delivery date, including by email – of the temporary impossibility of delivering the goods. In such a case, the Seller shall refund any sums already paid by the Customer for the goods.

Products may be delivered at different times if Products belonging to different product categories are purchased in a single Order.

Should the Customer’s details be incomplete or otherwise incorrect (to the extent that delivery of the Products is impossible), the Seller will contact the Customer via the contact details provided by the Customer before processing the order.

Upon dispatch, the Customer will receive a dispatch confirmation email, together with a tracking number, which will enable them to monitor the delivery status on the courier’s website.

The Products will be delivered to the address specified in the Purchase Order exclusively in the presence of the Customer or a person authorised by them, provided that such person is of legal age, who must sign the delivery documents for the Products.

Deliveries will not be made to PO boxes.

Upon delivery of the Products by the courier, the Customer or their representative must check that:

1.    the number of parcels delivered corresponds to that indicated on the consignment note (DDT);

2.    the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product, or any discrepancy in the number of packages or the details provided, must be immediately noted in writing by the Customer or their representative on the consignment note in the space provided. In such cases, the Customer or their representative must reject the damaged goods without opening the packaging, and the Seller, upon receipt of the damaged parcel, will arrange for a new dispatch of the ordered Product. This is without prejudice, in any event, to the Customer’s right of withdrawal as set out in the following paragraph entitled ‘Right of withdrawal’.

Once the delivery note has been signed without the Customer or their representative having raised or objected to anything, the Customer may not raise any objection regarding the external condition of the parcel delivered.

Should the Customer refuse the parcel containing the Products, this shall be deemed to constitute the Customer’s withdrawal from the online sales contract pursuant to Articles 52 et seq. of the Consumer Code, and the Seller shall be entitled to deduct the return costs from the refund due to the Customer. The refund thus determined will be credited via the payment method chosen by the Customer in the Purchase Order, in a timely manner and, in any event, no later than 14 days from the return of the parcel.

Bespoke Products

Customers are given the option to have the watch strap made to measure. In this case, the Customer must follow the procedure set out on the Website and must specify their wrist size in the relevant section of the product page.

Furthermore, Customers are given the option to have certain jewellery and watch items engraved.

Both sizing and engraving fall under the category of “Bespoke Products”.

In the case of Bespoke Products, the dispatch times referred to in the previous paragraph entitled “Delivery times and methods” may exceed four working days.

The right of withdrawal referred to in the following paragraph entitled ‘Right of Withdrawal’ is EXCLUDED, pursuant to Article 59(1)(c) of the Consumer Code, as these are Bespoke Products.

Right of withdrawal

Subject to the provisions relating to made-to-measure Products pursuant to Article 59 of the Consumer Code and as set out in the preceding paragraph entitled “Made-to-measure Products”, the Customer has the right to withdraw from the online sales contract, without giving any reason and without incurring any penalty, within fourteen (14) days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, takes physical possession of the Products.

The Customer may exercise the right of withdrawal by means of an explicit statement via any suitable means, including:

– sending an email to info@breil.com; or

– using the specific withdrawal function made available by the Seller via the online interface (the so-called “withdrawal button”).

The Seller provides on its Website an easily accessible and permanently visible digital function that enables the Customer to exercise their right of withdrawal in a simple and immediate manner. Following the use of this function, the Customer will receive, without delay, confirmation of receipt of the withdrawal on a durable medium, including the date and time of the request.

Use of the digital function is not compulsory, and the Customer may still exercise their right of withdrawal by any other appropriate means in accordance with the law.

To meet the withdrawal deadline, it is sufficient for the Customer to send notification of their intention to exercise this right before the withdrawal period expires. The Customer must return the Products without undue delay and, in any event, within fourteen (14) days of the date on which they notified the Seller of their decision to withdraw from the contract.

The Customer may return the Products using a carrier of their choice. The direct costs of returning the Products shall be borne by the Customer. The Products must be returned intact, unused, undamaged and, where possible, in their original packaging together with the brand packaging.

The Customer is liable for any reduction in the value of the Products resulting from handling the goods beyond what is necessary to establish their nature, characteristics and functioning.

To ensure the efficient handling of returns, the Customer is asked to return the Products in a single consignment and to follow any further operational instructions provided by the Seller. It is understood that failure to comply with these procedures does not affect the validity of the right of withdrawal.

The Customer is advised to post the Products to be returned with the full value of the goods insured and to ensure they receive a tracking number to enable the consignment to be traced. The Seller shall not be liable for the loss, theft or damage of the Products during return transit where such loss, theft or damage is not attributable to the Seller.

The Seller shall refund all payments received from the Customer, including standard delivery costs (with the exception of any additional costs arising from the Customer’s choice of a delivery method other than the cheapest standard option offered by the Seller), without undue delay and in any event within fourteen (14) days of the date on which the Seller was informed of the Customer’s decision to withdraw from the contract. The Seller may withhold the refund until it has received the Products or until the Customer has provided evidence that the Products have been returned, whichever is earlier. The refund will be made using the same payment method used by the Customer for the initial transaction, unless otherwise agreed and at no additional cost to the Customer.

Right of withdrawal in the case of promotions

In the case of promotions whereby, upon purchase of a Product, an additional Product is supplied free of charge or at a reduced price, the Customer, should they exercise their right of withdrawal, may choose between:

1.    returning both Products; or

2.    keeping the promotional Product, in which case they must pay the full price of that Product. In the latter case, the Seller may deduct from the refund the amount corresponding to the price or the price difference of the promotional Product.

Statutory warranty for products

The Seller is liable to the Customer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two (2) years of the date of delivery, in accordance with Articles 128 et seq. of the Consumer Code.

In the event of a lack of conformity, the Customer is entitled, free of charge, to have the Product brought into conformity through repair or replacement or, in the cases provided for by law, to a proportionate reduction in price or to the termination of the contract. The Customer may report the lack of conformity by any appropriate means. To ensure the request is handled as efficiently as possible, the Customer is invited to contact Customer Services at the email address info@breil.com or on 02-39245301, providing, where available, the order number, a description of the defect and, where possible, photographic evidence. The communication methods set out above are for organisational purposes only and do not constitute conditions for the Customer to exercise their rights under the law.

The Seller may ask the Customer to make the Product available in order to verify the reported lack of conformity.

The Seller may ask the Customer to make the Product available for the purpose of verifying the reported lack of conformity.

If, following the checks, no lack of conformity attributable to the Seller is found, the Seller may only request reimbursement from the Customer for the costs incurred, within the limits permitted by applicable legislation and where the claim is manifestly unfounded.

In any event, the rights granted to the Customer under current legislation remain unaffected.

With regard to commercial guarantees, where applicable, the Customer is advised to read carefully the relevant certificates supplied with the Products.

Seller’s Liability

The Seller shall not be liable for any failure to perform attributable to force majeure of any nature or kind, should it be unable to fulfil the requested supply within the timeframes agreed and set out in the Terms and Conditions of Sale. Cases of force majeure include, by way of example and without limitation, measures taken by public authorities, strikes by the Seller’s own employees, by employees of third-party companies or by employees of the couriers and carriers used by the Seller, as well as any other circumstance beyond the Seller’s control or independent of it.

The Seller, except in cases of wilful misconduct or gross negligence, shall also not be liable for service disruptions or malfunctions relating to the use of the Internet that are beyond its control or that of its subcontractors, nor shall it be held liable for any damages, losses and costs incurred by the Customer as a result of the non-performance of the online sales contract for reasons not attributable to the Seller, the Customer being entitled only to a full refund of the price paid and any ancillary charges incurred.

Should the Customer be unable to view part or all of the Website, the Seller shall not be held liable or charged for this, as the Customer is responsible for providing their own suitable equipment and software to connect to the Internet.

The Seller will do its utmost to ensure that the contents of the Website are up to date; however, the possibility of errors and/or inaccuracies (such as typing errors, inaccuracies or omissions, for example relating to price, Product availability, and the Product information sheet) cannot be entirely ruled out. The Seller therefore reserves the right to correct any errors, inaccuracies or omissions even after the Purchase Order has been submitted, and also reserves the right to amend or update the information at any time without prior notice.

Privacy

In order to proceed with registration, the submission of the Purchase Order and, consequently, the conclusion of the online Sales Contract, the Customer is required to provide certain personal data. The Customer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with Regulation (EU) 2016/679 (GDPR) and Legislative Decree No. 196 of 30 June 2003, as amended by Legislative Decree No. 101 of 10 August 2018, for the purpose of fulfilling each Purchase Order and, subject to the Customer’s consent, for any marketing purposes as set out in the specific Privacy Policy provided to the Customer via the Website at the time of registration.

The provision of data is necessary for the conclusion and performance of the online sales contract; failure to provide such data will prevent the conclusion and/or performance of the online sales contract.

For any further information on how personal data is processed, the Customer is invited to read the Privacy Policy carefully.

Amendments to the Terms and Conditions of Sale

The Seller reserves the right to amend the Terms and Conditions of Sale at any time. The Customer shall be bound by the new terms of the Terms and Conditions of Sale in force at the time the order is placed, unless any amendments to the Terms and Conditions of Sale have been required by law or by the competent authorities (in which case, they shall also apply to orders already in progress).

Should any provision of the Terms and Conditions of Sale be deemed invalid, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of the remaining provisions.

Complaints

Any complaints may in any case be sent to the Seller at the following address: Binda Italia Srl, Corso Sempione, 2 – 20154 Milan, for the attention of the E-commerce Department, or by email to info@breil.com.

Dispute Resolution

Pursuant to Article 12(f) of Legislative Decree No. 70 of 9 April 2003, the competent court for disputes relating to this contract is that of the Consumer’s place of residence or elected domicile, provided these are located within the Italian Republic; this jurisdiction is mandatory under Article 66-bis of the Consumer Code.

Please note that the European Commission has established the ODR platform for the out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer and a trader, who are resident and established in the European Union respectively. The platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. In this regard, the Seller’s email address is: info@breil.com.

Applicable law

The Terms and Conditions of Sale and the online sales contracts are governed by Italian law and, in particular, by Legislative Decree No. 206 of 6 September 2005, the Consumer Code, as amended by Legislative Decree No. 21 of 21 February 2014 and by Legislative Decree No. 170 of 4 November 2021, with specific reference to the legislation governing distance contracts, and by Legislative Decree No. 70 of 9 April 2003 on certain aspects of electronic commerce.