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Online B2C Terms of Sale

Introduction

These Terms of Sale describe the online purchasing methods on the website www.breil.com of watches, jewellery and leather goods marked by the trademark “BREIL” and by the trademark “Tribe by BREIL” in compliance with the regulations in force on distance contracts, set out in Italian Legislative Decree no. 206 of 6 September 2005 as amended by Italian Legislative Decree no. 21 of 21 February 2014 (“CONSUMER CODE”) and, for anything not provided therein, Articles 7 and 12 of Italian Legislative Decree no. 70 of 9 April 2003 (“E-commerce DECREE”).

Before making any online purchase, you are invited to read the Terms of Sale, the Terms of Sales, the Right of Withdrawal and the Privacy Policy carefully.

Identification of Seller

The seller is Binda Italia Srl, with registered office in 20154 - Milan, Corso Sempione, 2, Tax Code and VAT no. 05025890962, registered at the Companies Register of Milan with Economic & Administrative Index no. MI - 1790276.

Contacts

For any information, assistance or for the methods of online purchase, the warranty, withdrawal or anything else, please contact the customer service of Binda Italia Srl (“CUSTOMER SERVICE”) at the following e-mail address: info@breil.com or on FREE PHONE NUMBER + 39 02-39245301.

Definitions

  • Customer: the individual consumer of adult age (or, if a minor, authorised by the parent or guardian) who makes the purchase for purposes not relating to any commercial, business or professional activity performed.
  • Terms of sale: all terms of sale found on the website www.breil.com, applicable to the contractual relationship in place between the Seller and the Customer.
  • Online sales contract: the sales contract relating to the Products, entered into between the Seller and the Customer as part of a distance sales system organised by the Seller by way of electronic tools.
  • Purchase order: the Customer's purchase order in electronic format made in accordance with the procedure indicated in the Terms of Sale and which constitutes a contractual offer by the Customer to purchase the Products.
  • Institutional packaging: the boxes, price tags and commercial warranties and/or certificates of authenticity of the “BREIL” and “Tribe by BREIL” products.
  • Products: the watches, jewellery and leather goods marked by the trademark “BREIL” or by the trademark “Tribe by BREIL”.
  • Website: the website www.breil.com owned by Binda Italia Srl.
  • Territory: the Italian Republic, France and Great Britain, with the exclusion of duty free zones.
  • Seller: Binda Italia Srl, with registered office in 20154 - Milan, Corso Sempione, 2, Tax Code and VAT No. 05025890962, registered at the Companies Register of Milan with Economic & Administrative Index no. MI – 1790276.

Subject of online sales contract

With the online sales contract, the Seller sells and the Customer buys the Products, as part of a distance sales system organised by the Seller by way of electronic tools on the Website.

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

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

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

The images of the Products on the Website may differ from reality by virtue of the internet browser and/or monitor used. For any information on the Products, the Customer can contact the Customer Service of the Seller on free phone number + 39 02-39245301 or send an e-mail to info@breil.com.

The Products available on the website may be purchased exclusively by Customers who request delivery in the Territory.

Price

All sales prices of the Products indicated on the Website are shown in Euros.

Unless otherwise indicated, the prices of the Products include VAT and any other tax (where applicable) and they DO NOT include shipping costs and costs for additional services that may be highlighted in the product specifications.

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

The Seller reserves the right to vary 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 specifications.

Any new prices, shipping costs and costs for additional services will be applied only to purchase orders received on a date after their publication on the Website.

The Seller checks that the prices indicated on the Website are correct; however, it does not guarantee the absence of errors. Where an error is identified in relation to the price of a Product, the Seller will contact the Customer at the e-mail address provided by the same to give him/her the chance to re-confirm the Product order or to cancel it.

Product purchase process

The Customer may make purchases by following the instructions indicated on the Website as a registered user, as an unregistered user (known as guest) or by using the Facebook login and/or Google connect feature.

Before making any online purchase, the Customer must carefully read and accept the Terms of Sale, the information on the Right of Withdrawal and the Privacy Policy. The Customer is asked to print a copy of those documents and to save them or reproduce a copy of them for his/her personal use.

To purchase the Products, the Customer must enter the Products in a specific “basket”, after having read and accepted the Terms of Sale, with particular reference to the delivery costs, any costs for additional services and the information on the Right of Withdrawal, including the information on exclusion of the Right of Withdrawal in the case of made-to-measure Products or in the case of promotions, and he/she must select the desired payment method.

Before proceeding to send the Purchase Order, the Customer is asked to identify and correct any errors in data transmission.

All Purchase Orders sent to the Seller must be completed in all their parts and must contain all information required for the exact identification of the Customer, the ordered Products and the location of their delivery. The Customer is strictly prohibited from entering false and/or invented and/or made up information in the purchasing process. The personal details and e-mail address must be exclusively the personal data of the Customer and not third party or made up details.

The Purchase Order sent to the Seller is valid as a contractual offer by the Customer, manifested online and containing information on the essential characteristics of each ordered Product, the respective price, payment methods, delivery methods, shipping costs and any additional costs.

By sending the purchase order, the Customer unconditionally accepts the Terms of Sale and confirms to know and accept the further information contained on the Website cited even by way of links, including the General Terms of Use, the Privacy Policy and the Right of Withdrawal.

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 confirming receipt of that order - which DOES NOT constitute acceptance of the purchase order - merely confirming to the Customer that the order has been received and sent for the data verification process and the availability check of the requested Products.

The online sales contract is understood to be finalised and binding for both parties when the Customer receives e-mail confirmation from the Seller that, following the check of availability of the Product and the debit of the price, his/her order proposal has been successful and therefore accepted.

The e-mail accepting the Purchase Order will contain a reference to the Terms of Sale, information relating to the essential characteristics of the purchased Products, a detailed indication of the price of the Products and the payment methods, information on delivery costs, on costs for additional services, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the Right of Withdrawal in the case of made-to-measure Products or in the case of promotions, the address of the Seller to which to submit complaints, information on assistance services and on existing commercial warranties, as well as information relating to the shipment of the Products and the scheduled delivery date.

The Customer must check without delay the content of the communication and report immediately to the Seller any errors or omissions by sending an e-mail to the Customer Service of the Seller at the address info@breil.com.

In derogation of the foregoing, the Purchase Order sent by the Customer shall be understood to be invalid and ineffective, and not accepted by the Seller, where the Seller has reasonable and well-grounded reason to believe that the Customer:

  1. a) intends to purchase the Products not for personal reasons but for reasons related to its or other people's business or professional activity. All Purchase Orders made, in fact, must correspond to normal consumption requirements, both in relation to the number of Products purchased with an individual Purchase Order, and in the case of multiple orders relating to the same Product even where each Purchase Order includes a quantity of Products corresponding to normal consumption requirements; or
  2. b) uses false or made up names in the purchase process in violation of the provisions of the paragraph above entitled “Product purchase process”.

In those cases, the online sales contract will be understood not to be finalised and the Seller will send to the Customer, by e-mail, a communication certifying the non-acceptance of the Purchase Order and the lack of finalisation of the contract, cancelling any debit and/or cost charged to the Customer.
The Seller also reserves the right to process the Purchase Order partially in the case of unavailability of one or more Products ordered by the Customer. In this case, the Customer will only be charged the sum corresponding to the order partially processed.

Once the online purchase process has been concluded, the Customer must print and retain the purchase order, the order confirmation and the Terms of Sale, which, moreover, he/she will already have viewed and accepted, as a mandatory stage of the purchase, as well as the specifications of the product being purchased.

Every Purchase Order sent will be archived in the Seller's database. The Customer, where registered, may access at any time his/her Purchase Order in order to monitor its status, by connecting to the Website and accessing the section “order status” and entering in the fields provided therein the e-mail address used in the order phase and the code received in the e-mail confirmation. If the Customer is not registered, the same may obtain information on his/her Purchase Order by sending an e-mail to the Customer Service at the address info@breil.com indicating the code relating to the order, or by calling free phone number + 39 02-39245301.

The Purchase Order, the Seller's order confirmation and the Terms of Sale are archived electronically by the Seller in its IT systems and the Customer may request a copy of the same by sending an e-mail to Customer Service at the address info@breil.com.

Payments

All payments by the Customer may only be made by means of one of the following methods: credit card, prepaid credit card, PayPal, bank transfer.

Payments made by credit card or by other electronic forms are done via protected connection, directly linked to the Bank that handles and manages the "online" payment service of which the Seller is a partner. The Seller does not come into possession of the credit card details of its Customers and it may not be deemed liable for any fraudulent uses of the card. Those details are received directly and exclusively by the banks that authorise the payment, proceeding only to communicate the outcome to the Seller.

When paying by PayPal, the Customer must follow the procedures found 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 each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail directly from PayPal. If the order is subsequently cancelled, the amount refunded will be credited to the Customer's PayPal account and the Seller cannot be held liable for any damages, direct or indirect, caused by delays in the release of the amount by PayPal.

In the case of payment by advance bank transfer, the Customer must indicate the “IBAN” code set out in the Purchase Order as well as the order number.

Where, for any reason, the debit of the sums due from the Customer is found to be impossible, the Seller will send to the e-mail address indicated by the Customer a communication of non-acceptance of the purchase order. The purchase process will automatically be cancelled and the online sales contract will be deemed not to be finalised.

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

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

Invoicing

For each Purchase Order, the Seller, if requested by the Customer, will issue the respective invoice based upon information provided by the Customer in the purchase order. No change to the invoice will be possible after its issuance. The invoice, where requested, will be sent to the Customer once the payment has been collected, in electronic format in accordance with Italian Presidential Decree 445/2000 and Italian Legislative Decree 52/2004.

Delivery timescales and methods

 The Seller proceeds to send the Products to the Customer by way of its trusted couriers from Monday to Friday, excluding Saturday, Sunday and public holidays.

The delivery timescales in Italy are on average two working days, four for abroad. For made-to-measure Products, as referred to in the paragraph below entitled “Made-to-measure Products”, the delivery times may be longer. The stated delivery timescales are purely indicative.

Subject to cases of force majeure or unforeseeable events, the delivery timescales, in accordance with the provisions of Article 61 of the Consumer Code, do not exceed 30 days commencing from the day after that of transmission of the Purchase Order to the Seller, except where the Seller communicates - within the same timescale or by the last date agreed for the delivery, even by e-mail - the temporary impossibility of delivering the same. In that case, the Seller will proceed to refund any sums already paid by the Customer for payment of the invoice.

The Products may be delivered at different times when purchasing Products belonging to different product categories through a single Purchase Order.

If the details of the Customer are incomplete or in any case inexact (making it impossible to deliver the Products), the Seller, before processing the order, will contact the Customer at the contact details indicated by the same.

At the time of shipment, the Customer will be sent a shipment confirmation e-mail, together with a “tracking number” which will allow him/her to monitor the delivery status on the courier's website.

By activating the “last mile” option, the Customer is given the possibility of receiving a second notification e-mail of the arrival of the shipment directly from the courier.

The delivery of the Products will be made to the address indicated in the Purchase Order exclusively in the presence of the Customer or his/her officer, provided that they are an adult, who must sign the delivery documents for the Products.

Deliveries will not be made to mail boxes.

Upon delivery of the Products by the courier, the Customer or his/her officer is required to check that:

  1. a) the number of packages delivered corresponds to what is indicated in the transportation document (DDT);

  2. b) the packaging is intact, undamaged, not wet or in any case altered, even in the sealing materials. Any damages to the package and/or to the Product or the lack of correspondence of the number of packages or the indications must be disputed immediately in writing by the Customer or by his/her officer on the transportation document in the dedicated space. In that case, the Customer or his/her officer must reject the damaged goods without opening the package and the Seller, once the damaged package is received, will send a new shipment of the ordered Product. This is without prejudice, in any case, to the right of withdrawal of the Customer set out in the paragraph below entitled "Right of Withdrawal".

Once the transportation document is signed without the Customer or his/her officer having raised any dispute, the Customer may not bring any dispute in relation to the external characteristics of the delivered package 

If the Customer rejects the package containing the Products, this will be considered as a withdrawal by the Customer from the online sales contract in accordance with Articles 52 et seq. of the Consumer Code and the Seller will be entitled to retain from the refund due to the Customer the costs of return. The refund thus determined will be credited by way of the payment methods chosen by the Customer in the Purchase Order, promptly and at most within 14 days from the return of the package.

Made-to-measure products

The Customer has the opportunity of having the bracelet of the watches made-to-measure. In that case, the Customer must follow the procedure indicated on the Website and must indicate the wrist measurement in the specific section provided in the product specifications.

In the case of made-to-measure products, the shipment times set out in the paragraph above entitled “Delivery timescales and methods” may exceed four working days.

The right of withdrawal referred to in the paragraph below entitled “Right of Withdrawal" is EXCLUDED, in accordance with Article 59, Paragraph 1, Letter c) of the Consumer Code, as they are made-to-measure Products.

Right of Withdrawal

Except for the case of made-to-measure Products referred to in the above paragraph entitled “Made-to-measure products”, the Customer, without specifying any reason for the same and with no penalty, is entitled to withdraw from the online sales contract in accordance with Article 52 et seq. of the Consumer Code within the term of 14 days from receipt of the Products by the Customer.

The Customer is invited to read the information on the Right of Withdrawal carefully.

Once the Customer has sent the return request within the term indicated above as a registered user, or if not registered, as a guest, the same will receive, by e-mail, authorisation from the Seller for the return containing instructions for sending the goods, the return code (RAN) as well as, in attachment, the return authorisation form in pdf format already completed, which the Customer must print in duplicate copy and apply to the outside and inside of the package. The Customer must return the Products to the Seller within the next 14 days, together with the return authorisation form, sending them to the address indicated in the return authorisation.

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 authorisation, within 14 days from receipt by the Customer of the return authorisation, together with, where issued, the purchase invoice and the return authorisation of the Seller, intact, unworn, unused, undamaged and in the original packaging.

The Customer is responsible for any reduction in value of the Products resulting from any tampering with the goods other than what is necessary to establish their nature, characteristics and operation.  

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 from the same order, returned and sent at different times.

The shipping costs will be charged to the Customer.

In no case will packages be collected with cash on delivery or by way of carriage forward.

The Customer is advised to ship the Products to be returned, with their Institutional Packaging, insuring the entire amount of the goods and taking care to receive a shipment number allowing for the shipment to be tracked. The Seller will not be liable for any refund or compensation relating to Products and Institutional Packaging sent by the Customer but that has never been received by the Seller due to loss, theft or damage not attributable to the same.

If the methods and timescales 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 the original packaging, the Seller will refund to the Customer all sums indicated in the Delivery Order (price, shipping costs, any costs for additional services) within the maximum period of 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Customer.

Right of withdrawal in the case of promotions

In the case of promotions involving the possibility, against the purchase of a Product, of receiving the gift of another Product or purchasing it at a reduced price, the return of the Product subject to promotion will involve, at the Customer's discretion:

  1. a) the return also of the second gift Product or Product purchased at reduced price, or

  2. b) the purchase of the second Product at full price. In the latter case (letter b), the Seller will be entitled to retain from the sum to be refunded to the Customer the price or price difference of the second Product.

Legal warranty of Products

For any defect of conformity existing upon delivery of the Products, the Customer, in accordance with the provisions of Article 130 of the Consumer Code, will be entitled to the restoration at no cost of the conformity of the Product by way of repair or replacement or, where this is not possible, a reduction of the purchase price or termination of the online sales Contract.

The Seller is liable for defects of conformity where the same manifest within a period of two years from the delivery date of the Product. The Customer must, however, report the defect of conformity within the term of two months from its discovery, by sending an e-mail to the Customer Service at the address info@breil.com indicating the code relating to the order and the problem identified, attaching, where possible, some photos of the same. The Customer may also call free phone telephone number + 39 02-39245301.

The Seller will contact the Customer to organise the collection of the Product.

The Seller reserves the right to check the existence of the reported defect and to perform the repair or replacement only after that check.

If, following that check, no defect of conformity is found, the Seller reserves the right to charge to the Customer the costs of verification, restoration and transportation.

For the commercial warranties, where existing, the Customer is invited to read carefully the respective certificates delivered with the Products.

Liability of the Seller

The Seller will not be liable for any disservice attributable to causes of force majeure of any nature and type, where it is unable to implement the requested supply in the agreed timescales provided by the Terms of Sale. Causes of force majeure include, but are not limited to, measures of the Public Authority, strike of its employees, employees of third party companies or employees of the couriers or carriers used by the Seller, as well as any other circumstance that is beyond the control of or independent from the latter.

The Seller, except in the case of wilful misconduct or gross negligence, will also not be liable for any disservice or malfunctioning related to use of the internet network out of its control or that of its sub-suppliers and it may not be deemed liable in relation to damages, losses and costs incurred by the Customer following the lack of implementation of the online sales contract for reasons not attributable to the same, with the Customer only being entitled to the full return of the price paid and any accessory costs incurred.

If the Customer is unable to view part or all of the Website, no charge or liability may be attributed to the Seller, with the Customer being responsible for equipping itself autonomously with devices and programmes suitable for connecting to the internet network.

The Seller will do its utmost to ensure that the contents of the Website are updated; however, it cannot be excluded that errors and/or inaccuracies may occur (typing errors, inaccuracies or omissions, for example, relating to the price, Product availability and Product specifications). The Seller therefore reserves the right to correct the errors, inaccuracies or omissions even after the Purchase Order has been sent and it also reserves the right to change or update the information at any time without prior communication.

Privacy

In order to be able to proceed with registration, with the sending of Purchase Orders and thus with the finalisation of the online sales contract, the Customer is asked to provide some personal data. The Customer acknowledges that the personal data provided will be registered and used by the Seller, in compliance with and in respect of the regulations set out in Italian law, Italian Legislative Decree no. 196/2003 as amended and supplemented - Privacy Code, to implement each Purchase Order and, subject to the Customer's consent, for any marketing purposes as indicated 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 finalisation and implementation of the online sales contract; any failure to provide it will not allow for the finalisation and/or implementation of the online sales contract.

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

Changes to Terms of Sale

The Seller reserves the right to change the Terms of Sale at any time. The Customer will be subject to the new terms of the Terms of Sale in force from time to time when making the order, except where the changes to the Terms of Sale were required by law or by the relevant authorities (in which case they will apply also to the orders in progress).

If any provision of the Terms of Sale is deemed to be invalid, void or for any reason inapplicable, that condition will not prejudice the validity and effectiveness of the other provisions.

Complaints

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

Dispute settlement

In accordance with Art 12 Letter f) of Italian Legislative Decree no. 70 of 9 April 2003, the Court with jurisdiction for disputes relating to this contract is that of the place of residence or elected domicile of the Consumer if located in the State of the Italian Republic, as the mandatory court in accordance with Art. 66 bis of the Consumer Code.

It is noted that the European Commission has established the ODR platform for the extrajudicial resolution of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer and a professional respectively resident and established in the European Union. The platform can be accessed via the following link: https://webgate.ec.europa.eu/odr . In that regard, the e-mail address of the Seller is: info@breil.com.

Applicable Law

The Terms of Sale and the Online Sales Contracts are regulated by Italian law and in particular by Italian Legislative Decree no. 206 of 6 September 2005, on the Consumer Code, as amended by Italian Legislative Decree no. 21 of 21 February 2014 with specific reference to the regulations on distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003 on some aspects concerning e-commerce.

THESE TERMS OF SALE ARE UPDATED TO JULY 2016