Conditions of sale

Introduction

These Conditions of Sale describe the terms and conditions of online sales on the site www.breil.com of watches, jewelry and leather goods marked with the brand “BREIL” in accordance with current legislation on distance contracts, as per Legislative Decree no. 206 of September 6, 2005 (“Consumer Code”) and, for all matters not covered therein, to Articles 7 and 12 of D. Decree 9 April 2003, n. 70 (“Decree E-commerce”).

Seller identification

Before making any purchase online the user is invited to carefully read the Terms of Sale, the Right of Withdrawal and the Privacy Policy.
The seller is Binda Italia Srl, with registered office in 20154 – Milan, Corso Sempione, 2, C.F. and P.IVA 05025890962, enrolled in the Reg. Imprese di Milano, n. REA MI – 1790276.

Contacts

For any information, assistance or on how to purchase online, on the warranty, on the withdrawal or other, the user can contact the customer service of Binda Italia Srl at the following e-mail address: info@breil.com or at the number 02-39245301.

Definitions

• Customer: is the consumer who is a natural person over 18 years old (or, if a minor, authorized by those who exercise parental authority by law or is a guardian) who makes the purchase for purposes not related to trade, business or profession.
• Conditions of sale: are all the conditions of sale on the site www.breil.com, applicable to the contractual relationship between the Seller and the Customer.
• On-line sale contract: it is the sale contract related to the Products, stipulated between the Seller and the Customer within a distance sale system organized by the Seller through telematic instruments.
• Purchase Order: is the Customer’s purchase order in electronic format, made according to the procedure indicated in the Conditions of Sale and which constitutes a contractual proposal by the Customer to purchase Products.
• Institutional Packaging: are the cases, booklets, tags and commercial guarantees and/or certificates of authenticity of “BREIL” and “Tribe by BREIL” products.
• Products: watches, jewelry and leather goods bearing the “BREIL” or “Tribe by BREIL” trademarks.
• Website: is the website www.breil.com owned by Binda Italia Srl.
• Territory: is the Italian Republic, France and Great Britain, excluding duty free zones.
• Seller: is Binda Italia Srl, with registered office in 20154 – Milan, Corso Sempione, 2, C.F. and P.IVA 05025890962, registered with the Companies Registry of Milan, n. REA MI – 1790276.

Subject matter of the online sales contract

With the Contract of sale on-line the Seller sells and the Customer buys the Products, within a system of distance selling organized by the Seller through telematic tools on the Site.

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

The Site does not contain all the Products in the “BREIL” catalog or in the “Tribe by BREIL” catalog. The Products represent a selection of the items normally available at the stores that sell “BREIL” and/or “Tribe by BREIL” products. Not all Products described on the Site are or will be available at all stores that sell BREIL and/or “Tribe by BREIL” products.

All Products are subject to availability at the time. The Seller reserves the right to change at any time without notice the limits on the quantity and/or type of Products that can be purchased online on the Site as well as the style, models and colors of the Products described on the Site.

The images of the Products on the Site may differ from reality due to the effect of the Internet browser and/or monitor used. For any information on the Products, the Customer can contact the Seller’s Customer Service at the toll-free number 02-39245301 or send an e-mail to info@breil.com.
The Products available on the website can be purchased exclusively by Customers who request the delivery in the Territory.

Price

All sales prices of the Products indicated on the Site are expressed in Euro.

Unless otherwise indicated, the prices of the Products are inclusive of VAT and any other tax (if applicable) and DO NOT include shipping costs and costs for additional services that will be highlighted in the product sheet.

The prices applied are those indicated on the Site at the time of the purchase order by the Customer.

The Seller reserves the right to change without notice the prices of the Products, the shipping costs and the costs for additional services. Before sending the purchase order, the Customer is invited to check the final price indicated in the Product sheet.

Any new prices, shipping costs and charges for additional services will be applied only to Purchase Orders received after their publication on the Site.

The Seller verifies that the prices indicated on the Site are correct, but does not guarantee that there are no errors. In the event that an error is found in the price of a Product, the Seller will contact the Customer at the e-mail address provided by the Customer to give the Customer the opportunity to reconfirm the order of the Product at the correct price or to cancel it.

Product Purchasing Process

The customer can make purchases by following the instructions on the Site as a registered user, as an unregistered user (so-called guest) or by using the functionality of Facebook login and Instagram login.

Before making any online purchase, the Customer must carefully read and accept the Terms of Sale, the Right of Withdrawal Policy and the Privacy Policy. The Customer will be required to print a copy of these documents and to store or reproduce a copy for his/her personal use.

In order to purchase the Products, the Customer will have to insert the Products in the appropriate “shopping cart”, after having read and accepted the Terms of Sale, with particular reference to the delivery costs, to the possible costs for additional services and to the information on the Right of Withdrawal, including the information on the exclusion of the Right of Withdrawal in case of custom-made Products or in case of promotions, and will have to select the desired payment method.

Before proceeding with the transmission of the Purchase Order, the Customer will be asked to identify and correct any errors in data transmission.

All Purchase Orders transmitted to the Seller must be completed in all their parts and must contain the elements necessary for the exact identification of the Customer, the Products ordered and the place of their delivery. It is absolutely forbidden for the Customer to insert false and/or invented and/or fantasy data in the purchase procedure. The personal data and e-mail address must be exclusively the personal data of the customer and not of third persons or fantasy.

The purchase order sent to the Seller is valid as a contractual proposal of the Customer made online and contains information on the essential characteristics of each product ordered, its price, means of payment, delivery methods, shipping costs and any additional costs.

With the transmission of the purchase order, the Customer unconditionally accepts the Conditions of Sale and confirms that he/she is aware of and accepts the further information contained on the Site also referred to through links, including the General Conditions of Use, the Privacy Policy and the Right to Withdraw.

Upon receipt of the Purchase Order, the Seller will automatically send to the e-mail address indicated by the Customer in the Purchase Order an e-mail of acceptance of the order itself – which does not constitute acceptance of the Purchase Order – in which it is confirmed to the Customer only that the order has been received and that it has undergone a process of data verification and availability of the requested Products.

The Contract of sale on-line is concluded and binding for both parties when the Customer receives confirmation by e-mail from the Seller that, following the verification of product availability and the charge of the price, his proposed order has been successful and therefore accepted.

The e-mail of acceptance of the Purchase Order will contain a reference to the Conditions of Sale, the information related to the essential characteristics of the Products purchased, the detailed indication of the price of the Products and of the means of payment, the information on the delivery costs, on the costs for additional services, the information on the conditions and the modalities to exercise the Right of Withdrawal, including information on the exclusion of the Right of Withdrawal in the case of custom-made Products or in the case of promotions, the address of the Seller to which complaints may be made, information on existing support services and commercial guarantees, as well as information on the shipment of the Products and the expected date of their delivery.

The Customer shall promptly verify the content of the communication and immediately report to the Seller any errors or omissions by sending an e-mail to the Seller’s Customer Service at info@breil.com.

Notwithstanding the above, the Purchase Order sent by the Customer shall be considered invalid and ineffective, and will not be accepted by the Seller, if the Seller has reasonable and well-founded reason to believe that the Customer:

1. intends to purchase the Products not for personal purposes but for purposes related to his own or others’ business or professional activity. All purchase orders made, in fact, must correspond to the normal needs of consumption and this is in relation to both the number of products purchased with a single purchase order, both in the case of a plurality of orders for the same product even if each purchase order includes a quantity of products corresponding to normal consumption needs; or
2. uses false or fictitious names in the purchase process in violation of the provisions of the preceding paragraph entitled “Product Purchase Process”.

In such cases, the online sales contract will not be concluded and the Seller will send to the customer, by e-mail, a notice stating the rejection of the purchase order and the non-conclusion of the contract, canceling any charges and / or expenses charged to the customer.

The Seller also reserves the right to partially process the purchase order in case of unavailability of one or more products ordered by the customer. In this case will be charged to the customer only the amount corresponding to the order partially processed.

Once the on-line purchase procedure has been completed, the Customer must print and keep the Purchase Order, the order confirmation and the Terms of Sale, which, however, he/she will have already read and accepted, as a compulsory step in the purchase, as well as the specifications of the product being purchased.

Each purchase order sent will be stored in the database of the Seller. The Client, if registered, will be able to access his Purchase Order at any time in order to monitor its status, by connecting to the Website and accessing the “order status” section, entering the e-mail address used during the order process and the code received in the confirmation e-mail in the fields provided. In case the Customer is not registered, he/she will be able to have information on his/her purchase order by sending an e-mail to the Customer Service at info@breil.com in which the code related to the order shall be indicated, or by calling the toll-free number 02-39245301.

The Purchase Order, the Seller’s order confirmation and the Terms of Sale will be electronically filed by the Seller in its computer systems and the Customer may request a copy by sending an e-mail to Customer Service at info@breil.com.

Payments

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

Payments made by credit card or other electronic forms are made through a secure connection, directly connected to the Bank owner and manager of the payment service “online” with which the Seller has an agreement. The Seller is not in possession of the credit card data of its Customers and cannot be held responsible for any fraudulent use of the card. Such data are received directly and exclusively from the banking institutions that authorize the payment and only communicate the outcome to the Seller.

In case of payment by PayPal, the customer must follow the procedures within the PayPal site. The amount of the order will be charged to the customer’s PayPal account at the time of receipt of the order by the Seller. For each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail directly from PayPal. In case of subsequent cancellation of the order, the refunded amount will be debited from the customer’s PayPal account and the seller can not be held responsible for any damages, direct or indirect, caused by delays in the failure to release the amount committed by PayPal.

Payment by COD (which involves an additional fixed cost) is to be made to the courier upon delivery of the product exclusively in cash.

If the customer buys through Scalapay (this mode can be used for payment of products with an amount equal to or greater than € 49) receives the order now and pay in 3 installments. It is acknowledged that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and authorize such transfer.

If, for any reason, the debiting of the amounts due by the Client is impossible, the Seller will send to the e-mail address indicated by the Client a communication of non-acceptance of the Purchase Order. The purchase process will be automatically cancelled and the online sales contract will not be concluded.

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

The Seller will send an e-mail notification once the refund has been made to the e-mail address indicated by the Customer in the Purchase Order.

Time and mode of delivery

The Seller provides to deliver the Products to the Customer through trusted couriers from Monday to Friday, excluding Saturdays, Sundays and holidays.

Delivery times in the Italian territory are on average two working days, four days for foreign countries. For custom-made products referred to in the following paragraph entitled “Custom-made Products” may be longer. The delivery times indicated are purely indicative.

Except in cases of force majeure or unforeseeable circumstances, delivery times, in accordance with the provisions of Article 61 of the Consumer Code, are not more than 30 days from the day after the day of transmission of the Purchase Order to the Seller, unless the Seller communicates – within the same period or within the final date agreed for delivery, even by e-mail – the temporary impossibility of delivery of the same. In this case, the Seller will refund any sums already paid by the Customer for payment of the supply.

The Products could be delivered in different times in case of purchase of Products belonging to different merchandise categories through a single purchase order.

In the case in which the data of the Customer turn out to be incomplete or however inaccurate (in such a way as to render the delivery of the Products impossible), the Seller, before executing the order, will contact the Customer to the contacts indicated by the same one.

At the time of shipment will be sent to the customer an e-mail confirmation of shipment, together with the code “tracking number” that will allow him to monitor the status of delivery on the site of the courier.

The delivery of the products will be made at the address indicated in the purchase order only in the presence of the customer or his agent provided that they are of age, who must sign the documents of delivery of the products.

Deliveries will not be made to P.O. boxes.

At the time of delivery of the Products by the courier, the Customer or his representative are required to check that:

1. the number of packages delivered corresponds to what is indicated in the transport document (DDT);
2. the packaging is intact, undamaged, or wet or otherwise altered, even in the closing materials. Any damage to the packaging and/or to the Product or the mismatch in the number of packages or indications must be immediately contested in writing by the Customer or by his representative on the transport document in the dedicated space. In this case, the Customer or his representative must reject the damaged goods without having to open the package and the Seller, once it has received the damaged package, will provide for a new shipment of the ordered Product. In any case, the Customer’s right of withdrawal as set forth in the following paragraph entitled “Right of Withdrawal” is not affected.

Once the transport document has been signed without the Customer or his representative having raised or opposed any objection, the Customer will not be able to raise any objection regarding the external characteristics of the package delivered.

In the event that the customer rejects the package containing the products, this will be considered as a withdrawal of the customer from the contract of sale online pursuant to Articles 52 et seq. of the Consumer Code and the Seller will be entitled to withhold from the refund due to the customer the cost of return. The refund thus determined will be credited through the payment method chosen by the customer in the purchase order, in a timely manner and, however, no later than 14 days from the return of the package.

Customized products

The Customer is given the possibility to have the bracelet of the watches made to measure. In this case the Customer must follow the procedure indicated on the Site and must indicate the size of the wrist in the appropriate section of the product sheet.

In the case of made-to-measure Products, the shipping times referred to in the previous paragraph entitled “Delivery times and methods” may be longer than four working days.

The right of withdrawal referred to in the next paragraph entitled “Right of Withdrawal” is EXCLUDED, pursuant to Article 59, paragraph 1, letter c) of the Consumer Code, being custom-made products.

Right of withdrawal

Except in the case of custom-made products referred to in the preceding paragraph entitled “Custom-made products”, the Customer, without specifying any reason and without any penalty, has the right to withdraw from the Contract of sale online pursuant to Article 52 and following of the Consumer Code within 14 days from receipt of the Products by the Customer.

Once the customer has sent the request for return within the period specified above as a registered user or, if not registered, as a guest, the same will receive, within 7 days, an e-mail with the tracking code of the Seller containing instructions for sending the goods. Within the following 14 days, the Customer must return the Products to the Seller by sending them to the address indicated.

In order for the right of withdrawal to be validly exercised, the Products together with the Institutional Packaging must be returned to the Seller, to the address indicated in the return authorization, within the next 14 days from receipt by the Customer of the return authorization, together with, if issued, the purchase invoice and the Seller’s return authorization, intact, unworn, unused, undamaged and in their original packaging.

The Customer is responsible for any decrease in the value of the Products resulting from any handling of the goods other than that necessary to establish their nature, characteristics and functioning.

The Products with their Institutional Packaging must be sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept Products of the same order, returned and shipped at different times.

In no case will be withdrawn packages in cash on delivery or freight collect. In no case will be reimbursed for shipping costs incurred to send the package using a method other than that indicated, or using a delivery service other than that used by the Seller.

In no case will be accepted returns sent without authorization, or sent without following the return procedure indicated by the Seller.

It is recommended that the Customer sends the Products with their Institutional Packaging to be returned ensuring the full amount of the goods and taking care to receive a tracking number to allow tracking of the shipment. Seller shall not be liable for any refund or compensation for Products and Institutional Packaging shipped by Customer but never received by Seller due to loss, theft or damage not attributable to Seller.

If the terms and conditions for exercising the Right of Withdrawal are respected and if the Products, together with the Institutional Packaging, are returned intact, unworn, unused and undamaged in their original packaging, the Seller will reimburse the Customer for all* sums indicated in the delivery order (sales price and shipping costs, if incurred) within a maximum of 14 days from the date on which the Seller becomes aware of the Customer’s exercise of the Right of Withdrawal.
*Any additional costs or commissions incurred for the purchase will not be refunded (eg commissions cash on delivery), except in cases where the product or products are returned because received defective, in this case you will need to add one or more images during the request for return, demonstrating the defect of the product.

Right of withdrawal in case of promotions

In case of promotions that provide the opportunity to purchase a product to receive a gift of another product or to be able to purchase it at a reduced price, the return of the product subject to promotion will result in the choice of the customer:

1. the return of the second Product given as a gift or purchased at a reduced price or
2. the purchase of the second Product at full price. In this second case (letter b), the Seller will be entitled to withhold from the amount to be refunded to the Customer the price or the difference in price of the second Product.

Legal product warranty

For any lack of conformity existing at the time of delivery of the Products, the Customer, in accordance with the provisions of article 135-bis of the Consumer Code, will have the right to have the conformity of the Product restored without charge by means of repair or replacement or, if this is not possible, to a reduction in the purchase price or to the termination of the on-line Sales Contract.

The Seller shall be liable for any lack of conformity if such defects occur within two years from the date of delivery of the Product. The Customer must, however, report the lack of conformity within the term of two months from its discovery, by sending an e-mail to Customer Service at info@breil.com in which the code relating to the order and the problem encountered should be indicated, attaching where possible some photos relating to the same. The Customer may also contact the toll-free number 02-39245301.

The Seller will contact the Customer to arrange the withdrawal of the Product.

The Seller reserves the right to verify the existence of the reported defect, and to carry out the repair or replacement only after such verification.

If, following such verification, a conformity defect does not exist, the Seller reserves the right to charge the Customer for the costs of verification, restoration and transport.

For commercial guarantees, if any, the Customer is invited to carefully read the relevant certificates delivered with the Products.

Seller liability

The Seller will not be responsible for any inefficiency due to force majeure of any nature or kind, in case he is not able to execute the requested supply in the agreed time and provided by the Conditions of Sale. Force majeure includes, by way of example and not limited to, measures taken by the Public Authorities, strikes by the Seller’s own employees, employees of third party companies or employees of couriers, carriers used by the Seller, as well as any other circumstance which is beyond the Seller’s control or independent of the latter.

The Seller, except in the case of fraud or gross negligence, will not be responsible for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its subcontractors, nor will it be liable for damages, losses and costs incurred by the customer as a result of failure to execute the contract of sale online for reasons not attributable to him, the customer is only entitled to a full refund of the price paid and any additional charges incurred.

If the customer is no longer able to view part or all of the Site, no charge or responsibility can be attributed to the Seller, since the customer must independently equip themselves with equipment and software suitable for connection to the Internet.

The Seller will do its best to ensure that the contents of the Site are up to date; however, the absolute absence of any errors and/or inaccuracies (typing errors, inaccuracies or omissions, for example, relating to price, availability of the Product, and the information sheet of the Product itself) cannot be excluded. The Seller reserves, therefore, the right to correct errors, inaccuracies or omissions even after the purchase order has been sent and also reserves the right to change or update the information at any time without prior notice.

Privacy

In order to proceed to the registration, to the forwarding of the purchase order and therefore to the conclusion of the on-line sale contract, some personal data are requested to the Customer. The Customer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the regulations of the Italian law D.. Lgs. n. 196/2003 and s.m.i. – Privacy Code, to execute each purchase order and, subject to his consent, for any marketing purposes as indicated in the Privacy Policy provided to the customer through the Site at the time of registration.

The provision of data is necessary for the conclusion and execution of the Contract of sale online, failure to provide such data will not allow the conclusion and/or execution of the Contract of sale online.

For any further information on the methods of processing of personal data, the Customer is invited to carefully read the Privacy Policy.

Changes to the conditions of sale

Seller reserves the right to change the Terms of Sale at any time. You will be subject to the new terms of the Terms of Sale in effect from time to time at the time you place your order, unless any change to the Terms of Sale is required to be made by law or competent authority (in which case, it will also apply to orders in progress).

If any provision of the Terms of Sale is held invalid, void or for any reason unenforceable, such condition 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, to the attention of E-commerce Department or by email to info@breil.com.

Dispute Resolution

Pursuant to art. 12 letter f) of D. Lgs. 9 April 2003 n. 70, the competent court for disputes relating to this contract is that of the place of residence or domicile of the consumer if located in the State of the Italian Republic, mandatory forum pursuant to art. 66 bis of the Consumer Code.

Please note that the European Commission has established the ODR platform for the out-of-court settlement of disputes concerning contractual obligations arising from contracts of sale or online services between a consumer and a professional respectively resident and established in the European Union. The platform is accessible through the following link: https://webgate.ec.europa.eu/odr. In this regard, the e-mail address of the Seller is: info@breil.com.

Applicable law

The Conditions of Sale and the Contracts for online sales are governed by Italian law and in particular and in particular by Legislative Decree 6 September 2005 n. 206, on the consumer code, as amended by Legislative Decree 21 February 2014 n. 21 with specific reference to the legislation on distance contracts and Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.