GENERAL CONDITIONS
These general conditions, except for any exceptions specifically agreed in writing, govern the methods of sale of the products, by the User who accesses the catalog and purchases the goods through the special shop area of the portal www.elviozanon.com , together with the price list in force reported on the same site and the contents viewable through hypertext link starting from from the aforementioned web pages, expressly referred to in these contractual conditions.
They cancel and / or replace any agreement, agreement, even verbal, possibly occurred. Unless otherwise specifically agreed, the last text of the General Conditions disclosed by the site www.elviozanon.com will be deemed applicable to relations between the Parties. The changes and updates will be notified to Users by means of specific information on the Home Page as soon as they are adopted and will be binding starting from their publication on the site, replacing the previous version.
We therefore recommend checking the notices on the home page of the site and, in any case, to regularly access this page to check the publication in force.
They will be considered fully valid and effective between the Parties where expressly accepted when registering the 'User and, in any case, pursuant to art. 1335 of the Italian Civil Code, for the purposes of the legal presumption of knowledge of the same, if not contested in writing, also by fax or e-mail, within 15 days of registration or publication on the site or within the shortest time elapsed between publication and / or registration and purchase.
If the General Conditions are translated into different languages, the Italian text will be considered decisive and prevalent compared to any other translation.
The nullity, voidability or ineffectiveness of one or more articles contained in these General Conditions will not result in the ineffectiveness or invalidity of the remaining clauses which, therefore, will remain productive of effects between the Parties.
1.1 The subject of this contract is the purchase and sale of items (women's shoes as detailed in the online catalog) presented in the appropriate e-commerce section of the site with the characteristics, costs and transport methods described in detail. Bruel S.p.A. offers for sale on the Site only products marked by own brands and / or licensed to it or in any case with the authorization of the respective owners such as Elvio Zanon.
Bruel S.p.A. does not sell used products on the Site, which are irregular or of inferior quality to the corresponding standards offered on the market.
The owner of the portal and contact person for each sale is Bruel S.p.A Spa with registered office in Via G.B.Verci n. 40 - 36061 Bassano del Grappa, with operational headquarters in 25024 Leno (BS) Via Magellano, 7- VAT number, Tax Code 02839540248. Tel. 39 030 9921432 -Fax: +39 030 9922302 -E-mail: info@bruelmoda.it , pecmail: bruelspa@legalmail.it
1.2 In any case, the User, at any time of registration and navigation, by accessing the pages of the site dedicated to the purchase of products, conditions, costs and more, expressly referred to by hyperlink in the registration form or in the dedicated web pages , can know in detail the characteristics of the products, the contents, the relative cost. The images and colors of the products offered for sale on the Site may however change and / or not exactly correspond to the real ones due to the effect of the Internet browser and the monitor used.
1.3 The products are offered for sale at price indicated on the Site when the relevant Purchase Order is made. Product prices may be subject to changes and variations. The prices indicated on the Site must be understood as inclusive of VAT and, unless expressly indicated, do not include any additional costs for shipping and delivery which, where applicable, are however made known to the Customer through specific indications on the Site and specifically referred to during the purchase procedure.
1.4 Bruel Spa reserves the right to modify, eliminate certain information and / or services, as well as to integrate additional products, indicating their cost, as well as the right to modify, at any time, the method of delivery of the services themselves.
In these cases, the delivery period may vary according to the availability of the product or the characteristics of the promotion. These changes will be suitably communicated by Bruel S.p.A. on the Site and / or by sending e-mails or other means of communication.
4.3 In the event that the courier fails to make the delivery for any reason, it will leave a notice of passage indicating the numbers useful for setting a new delivery date. The courier delivers from Monday to Friday from 9:00 to 18:00. made two delivery attempts, the product will remain in stock with the courier for a period of 10 days after which the product will return to the sender. If delivery is not possible, the Buyer will be informed immediately that the goods cannot be delivered and, as a result, all already paid will be returned to him immediately.
4.4 There is no obligation on the part di Bruel Spa to accept the execution of the order requested by the User, being able, at its sole discretion, without obligation to state reasons, to refuse the fulfillment of the order. Upon the occurrence of this hypothesis, Bruel Spa will promptly inform the Customer, returning any amount paid for the canceled order.
*All figures are expressed in Euros. ** the cost of shipping for non-EU countries EXCLUDES customs duties and import taxes, which will be charged to the customer.
FEES
5.1 The User will pay Bruel SpA as the fee for the purchase of products, the rates indicated in the price list published on the site, with the payment methods selected and according to the indications provided online. The prices indicated on the Site must be understood as inclusive of VAT and do not include any additional costs for shipping and delivery which, where applicable, are however made known to the Customer through specific indications present on the Site and specifically referred to during the purchase procedure. When selecting the product, the customer will view the exact purchase price, depending on the number of items selected, the payment methods, the transport costs, the delivery methods. Payment by credit cards of the main international circuits is allowed (for example VISA / MASTERCARD / AMERICAN EXPRESS), Paypal.
5.2 In particular for Users who have chosen the payment method via the Paypal platform , Bruel SpA reminds that these transactions are subject to the conditions of use prescribed by the payment service company. In particular, please note that to ensure maximum payment security, Paypal verifies that the Secure Sockets Layer 3.0 (SSL) cryptographic protocol or a later version is running on the user's browser. This protocol protects data integrity during transfer to servers by using a 168-bit length encryption key (or the maximum commercially available).
Financial information (such as card number credit / debit card or its expiry date) will be forwarded, via an encrypted protocol, to banks that provide the relative remote electronic payment services, without third parties being able, in any way, to have access to them. Furthermore, this information will never be used by Bruel S.p.A. except to complete the procedures relating to the purchase and to issue the relative refunds in the event of any product returns or if it is necessary to prevent or report the commission of fraud to the police via the Site.
5.3 Bruel SpA reserves the right to adjust the rates without prior notice. The new prices will be applied only for the Services requested after their variation.
6.1 As a result of the sale, Bruel S.p.A undertakes to transfer the ownership of the selected product in favor of the User who accepts it, pursuant to art. 1470 c.c. The goods will be delivered to the buyer's home by courier in the manner chosen. The Customer declares, as of now, to bear the relative delivery costs as detailed in the purchase invoice and undertakes to provide all information useful for delivery (correct shipping address, correct telephone number for contacts) and to attend the collection of the goods, so that it can ascertain the regularity and, if necessary, the tampering of the packaging, the breakage of components or other anomaly, correctly execute the acceptance procedure with reservations as better explained in art. 7.3. With the delivery of the goods to the shipper, Bruel SpA is expressly exempted from any responsibility for the custody and loss of the goods and / or for any delays in delivery.
6.2 The Customer declares to have read the product exactly and its characteristics and to have found it corresponding to its needs and suitable for the purposes for which it was purchased. The Customer is required, pursuant to and for the purposes of art. 1495 et seq. to promptly report the defects, by email at support@elviozanon.com which must be followed by no later than the term of gg. 7 from receipt of goods, report by registered letter with return receipt to be addressed to: Bruel S.p.a. Customer Service - Via Magellano n 7 - 25024 Leno (BS) or via pec to the account: bruelspa@legalmail.it with meticulous indication of the charge. Complaints containing descriptions completely different from those transcribed in the acceptance form with reservation delivered to the courier or that have not been properly reported, with the words Acceptance with Reserve and description of the anomaly found to the courier, with the sole exception of defects not apparent.
6.3. The above does not intend to limit or limit the legal guarantee, however provided by the manufacturer on the basis of art. 128 of the Consumer Code. Based on this legal guarantee, in the presence of a defect / lack of conformity, the Purchaser has the right, at his choice, to repair or replace the defective good by the seller, without charge of costs, except for the remedy requested is impossible or excessively expensive compared to the other. The times of repair or possible replacement of the defective product depend exclusively on the policies of the Manufacturer and no damage can be requested from Bruel S.p.A for any delays in carrying out the repair and / or replacement. If replacement or repair are not possible, the consumer is still entitled to a refund of the price paid for the return of the defective product to the seller. The product must be returned in the same condition as it was received, carefully packed inside the original packaging, complete with all its elements and any documents and accessories. In order to limit damage to the original packaging, Bruel SpA recommends placing it in a second box.
The warranty is not applicable, if the defect is caused by negligence, neglect in the use and maintenance of the product, or any other use not in accordance with the law.
Each request sent by e-mail must be promptly followed by the same communication addressed to the Seller by registered mail or to the address indicated on the home page or pec to the address bruelspa@legalmail.it . Once the report has been received, Bruel S.p.A will contact the customer to communicate how to return the goods, which will take place without any additional expense for the customer. Once the product returned by the Customer has been checked, Bruel S.p.A will replace or repair it and proceed with the shipment of the repaired or replaced product, except as provided by art. 130 of Legislative Decree no. 206/2005. If, following a check by Bruel SpA, the defect does not result in a lack of conformity, the customer will be charged for any verification and restoration costs, where applicable, as well as the transport costs if incurred by Bruel Spa
< p> 6.4 The Parties expressly agree that for the products covered by the contract, they do not constitute defects and discrepancies, valid pursuant to art. 1495 et seq, or for the enforcement of the legal guarantee any differences in color, hue, definition, chiaroscuro or other between the version viewed online and that delivered to the same, as attributable to the parameters of brightness, contrast, sharpness or other set on the Customer's monitor.6.5 The Customer has in any case the right to exercise the withdrawal in the terms referred to in art. 52 and ss. of the Consumer Code, as better specified below.
7 CUSTOMER OBLIGATIONS
7.1 The Customer guarantees that the data reported in the Order Form are correct and updated, as well as guarantees that he has reached the age of majority and possesses the ability to act and contract, without releasing Bruel SpA from any liability in case of violation by the same user of the obligations set out in this art. 8.1
7.2 With the purchase of the Product, the Customer acquires ownership of the product as well as receipt in execution of the purchase order, with the sole option of private use or for auxiliary activities to his own. Marketing or distribution is prohibited. The availability of the trademark, logo and / or other contents covered by industrial property rights or copyright does not in any way constitute an attribution of the license to use them or of the total or partial transfer of the property rights on the same which remain with the Owner.
7.3 In implementation of the provisions of point 6.2, at the time of delivery of the goods the Customer is required to check that the number of packages delivered corresponds to what is indicated in the document of transport and that the packaging is intact and not altered even in the closing tapes.
In case of tampering and / or breakages, the Customer must immediately contest the shipment and / or delivery by placing the writing "RESERVE OF GOODS CONTROL" on the copy of the delivery document to be returned signed to the courier or to another operator, specifying in the same document the detail of what was found (external appearance of the packaging, elements burglary, damage, apparent breakages, tampering etc)
The Customer also undertakes to communicate the problem immediately and in any case within the maximum period of 24 hours by email to the address support@elviozanon.com which must be followed by the deadline of gg. 7 from receipt of goods, report by registered letter with return receipt to be addressed to: Bruel S.p.a- Customer Service - Via Magellano n 7 - 25024 Leno (BS) or via pec to the account:bruelspa@legalmail.it. under penalty of failure to open the claim and forfeiture of any charge against the courier, with consequent loss of any right to compensation, replacement or repair. The communication to be sent to Bruel SpA must include the following information:
and must be accompanied by photographs certifying the damage , in order to allow the investigation of the accident at the courier and any Insurance Companies.
The Customer is aware that it will not be possible to obtain refunds for damages that have not been contested at the time of collection of the goods by affixing of a "reserve", ie indicating exactly the type of damage present in the product.
The actions for partial loss or damage not recognizable at the time of delivery and therefore not indicated in the accompanying note are reserved, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt, according to the procedures set out in art. 6.2 or in the case of a purchase made by a natural person for private use or by a professional for a purpose unrelated to his professional activity
8.1 Pursuant to and for the purposes of art. 12 of Legislative Decree 70/2003, implementing Directive 2000/31, entitled "Information directed to the conclusion of the contract", the following information is provided below:
8.2 In order to make these contractual conditions known, Bruel SpA has made them accessible independently and upon conclusion of the purchase procedure by the User. In particular, the telematic system adopted by Bruel SpA inhibits the successful completion of the purchase procedure if the User has not read and accepted expressly through the point and click mechanism the present contractual conditions.
9.1. In compliance with Legislative Decree 206/2005 called the Consumer Code, which regulates the contractual relationships between a commercial operator and a consumer, or "a natural person who acts for purposes unrelated to any business or professional activity that may be carried out", declares ex art. 49 that:
10.1 Customers who subscribe to the newsletter of www.elviozanon.com will receive information on the products in the catalog, images, will be able to receive invitations to presentations, events and fashion shows, be updated on our promotions and receive promotional codes.
The promotional codes received by e-mail are strictly personal and non-transferable . Each promotional code, by nature, has a validity period and this time limit cannot be extended in any way. In any case, the promotional codes are valid only for certain items specified in the email containing the code.
10.2 The promotional codes are not cumulative, transferable and / or salable. Bruel SpA reserves the right to refuse orders placed through the use of promotional codes that show signs of duplication or fraudulent use.
On the site there will be a link to the "Size chart" where it will be possible to convert international sizes, get information on product sizes, the user guide and further information on how the shoes dress or if they have particular adhesions or abundances.
If the customer needs more help, our team tries every item on sale and will be able to answer questions or explanations. For a consultation, send an email to support@elviozanon.com .
12.1 Bruel SpA informs that in relation to the Provisions pursuant to Legislative Decree 196 of 30.06.2003, as modified by Legislative Decree 101/2018 and EU Reg. 2016/679 and in compliance with the indications provided by the Guarantor, it carries out the processing of personal data in compliance with the principles of correctness, lawfulness, transparency, protecting the confidentiality of the data of the interested party and ensuring the scrupulous adoption of the most accurate and innovative security measures.
12.2 Bruel SpA adopts this Privacy Policy , to whose full text please refer. < / p>
12.3 In the registration phase pursuant to art. 2, Bruel S.p.A provides complete information pursuant to art. 13 of Legislative Decree 196/2003 in order to acquire the relative consent to the processing of data by the interested party and provide adequate information, inter alia, of the methods of exercise by the interested party of the rights referred to in art. 7 Legislative Decree 196/2003 and 15 - 21 EU Reg. 2016/679.
13.1 This contract is governed by Italian law.
13.2 In the event of disputes arising from this contract, or to them connected, the parties undertake to seek a fair and good-natured composition from each other. In this regard, the Parties agree that, prior to the referral of the dispute in arbitration or judicial proceedings, they will make a mandatory attempt at conciliation, remitting the solution of the dispute to the telematic conciliation body called "Solve online" established at the Milan Chamber of Commerce. ( www.camera-arbitrale.com ).
13.3 If the dispute has not been resolved amicably or through the mediation of the online settlement agency "Solve online", the dispute will be referred to the exclusive jurisdiction of the Court of Brescia.
13.4 If a natural person defined as a "consumer" pursuant to art is part of this contract . 3 of Legislative Decree 206/2005, the attempted conciliation failed, the dispute will be brought to the exclusive knowledge of the Court where the User resides.
EXERCISE OF THE RIGHT OF WITHDRAWAL
Pursuant to and for the purposes of Legislative Decree 206/2005, the User to whom the qualification of consumer must be recognized, according to the definition contained in art. 3 of the aforementioned Code, where the exclusions referred to in art. 59 the right to withdraw from this contract must be recognized within 14 working days from the receipt of the goods, without penalties and without giving any reason, by giving written notice to Bruel SpA by filling in the form on the link Returns Center , or by registered letter with return receipt, or telegram, and certified e-mail (if signed with digital signature) to Bruel SpA by sending the communication to the headquarters in Leno 25024 (BS) Via Magellano n. 7.
Once the aforementioned notice of withdrawal has been received, the instructions on the delivery methods will be quickly communicated to the Customer, assigning a unique code for the return of the product (s). The customer will then receive an authorization email containing the necessary documentation to proceed with the shipment.
The consumer returns the goods or delivers them to the seller or to a third party authorized by the seller to receive the goods, without undue delay and in any case within fourteen days from the date on which he communicated to him his decision to withdraw from the contract pursuant to article 54. For this purpose, the date of delivery to the shipper will prevail.
The return can be requested only by the same order holder and made at the same address used for shipping.
The purchased product must be returned intact, unused or otherwise altered, complete with all its parts, in the original packaging (including original packaging and box and any accessory material such as, for example, dustbags ..)
To avoid or limit damage to the original packaging Bruel SpA ra ccomanda to insert it in a second box on which to affix the waybill provided by Bruel SpA. The position of labels or adhesive tapes directly on the original packaging of the returned product must be prohibited in all cases.
the seller reimburses all payments received from the consumer, possibly including the initial delivery costs, without undue delay and in any case within fourteen days from the day on which he is informed of the consumer's decision to withdraw from the contract pursuant to article 54.
The shipping costs for returning the product ordered on the site www.elviozanon.com are diversified as follows:
a). The shipping costs for returning the product within the European Union are charged to Bruel ONLY for the first return on the same order and for orders over € 65
b).The shipping costs for returning the product outside the European Union and for orders equal to or less than € 65 are charged to the customer according to the table in point 4) of these General Conditions of Sale.
c). The seller will not refund the additional costs, if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered.
d). The seller will not refund any customs clearance costs for the return of goods from non-EU countries.
The seller, without prejudice to any costs of restoration for damages ascertained to the original packaging, reimburses using the same means of payment used by the consumer for the initial transaction, if the purchase or it took place through PayPal, unless the consumer has expressly agreed otherwise or requested a bank transfer. In the latter case, the customer will promptly provide the bank details on which the refund will be addressed (Cod ABI - CAB - IBAN N. c / c and support bank) and on condition that the latter does not have to bear any cost as a consequence of the refund . The costs of returning the goods will be reversed from the refund as specified in points a) b) c) and detailed in the following table:
The customer forfeits the possibility of exercising the right of withdrawal, due to the lack of the initial condition of product integrity (and / or packaging and / or content) in cases where Bruel SpA ascertains:
When these cases occur, the product will remain in storage at the Bruel SpA warehouse available to the customer for collection at his expense and expense .
The seller can withhold the refund until he has received the goods or until the consumer has demonstrated that he has returned the goods, whichever occurs first.
