Condiciones generales de venta en línea

These General Terms and Conditions of Sale (these “Terms of Sale”) govern the sale of clothing and accessories under the brands “United Colors of Benetton” and “Undercolors of Benetton” (the “Products”) by Benetton Trading Usa, Inc. on the website (the “Site”) operated by Benetton Group S.r.l. (together with Benetton Trading Usa, Inc., collectively, “Benetton” or “we”). The Products shall only be purchased for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old, with the exception of customers located in Alaska, California, Hawaii and U.S. Territories (“Customers” or “you”). 

By placing an order for Products on the Site, you expressly accept the Website Policies (as defined below), and Benetton’s acceptance of your order, and agreement to deliver the Products, is expressly conditioned on your acceptance of the Website Policies.  

    1. Orders

All orders are subject to written acceptance by Benetton.  Receipt and acceptance of an order, or rejection thereof, by Benetton shall be confirmed by email sent to the email address indicated by the Customer when submitting the order.  If the order is accepted, the email order confirmation will include a summary of the purchase (i.e., price of the Product(s), shipping costs, and address to which the Product(s) will be shipped) and an order number, which must be used in all future communications with Benetton regarding such order.  Once payment for the Product(s) has cleared and the order has shipped, you will receive a shipping confirmation e-mail, attaching an invoice showing the total price paid for the Product(s), inclusive of shipping costs and sales taxes.  This information may also be accessed through the “Orders” section of your account.
Orders shall be filled in the order in which they are received by Benetton, subject to availability, and Benetton reserves the right to make partial shipments of an order.
Benetton reserves the right, at any time for any reason, to cancel, refuse to process or refuse to accept an order, in whole or in part, even after an order confirmation has been sent to a Customer.  Benetton shall not be liable to the Customer or any other third party for refusing to process or accept an order after the Customer has received an order confirmation.  In the event that Benetton, for any reason, cannot fulfill, cancels or refuses to process an order that has already been accepted in writing by Benetton, Benetton shall notify the Customer in writing by email and refund the Customer any payment or portion thereof that Benetton received for the applicable order or portion thereof.  If only certain Products ordered by the Customer are unavailable, any Products forming part of the same order which are still available will be shipped and charged to the Customer. 
If the prepaid label is lost, please contact customer service to receive a new one.
If the customer decides to make the return independently and with a courier other than the one indicated:
- the return costs will be borne entirely by the customer.
- Benetton Servizi s.r.l. will in no case be responsible for the damage or theft of the package and will not be required to issue any refund.

    2. Products

The only Products offered for sale by Benetton are those shown on the Site.  Benetton reserves the right to modify or discontinue any Product offered for sale on the Site without notice to the Customers at any time.  Further, Customers acknowledge and agree that all images shown on the product pages or other pages of the Site are shown for information purposes only and may not be wholly representative of the Products and their features.  Products may have slight variations, including, but not limited to, variations in color and size, from the images shown on the Site, as a result of the different devices used to view the Site or browser settings.

    3. Prices and Payment Methods

All prices indicated on the Site shall be in U.S. Dollars, and shall be exclusive of applicable sales taxes and shipping charges.  All applicable sales taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order.  The amount of sales tax and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment.  Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the shipping confirmation e-mail.
We reserve the right to change the prices of any Products at any time without notice to you. Further, in the event that any items on the Site are mispriced, Benetton shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by Benetton after payment has already been made, Benetton will promptly refund the amount of the incorrect price to the Customer.
The price of the Products, shipping and delivery costs and applicable sales taxes will be charged to your account when Benetton is ready to ship the Products.  Products will not be shipped unless and until full payment has been received and cleared by Benetton.  Payment for the Products may be made by credit card, debit card or PayPal.  All payments made through the Site are secure; for more information on Benetton’s secure collection of your payment information, please visit our PRIVACY POLICY.
At checkout, the Customer may apply any coupons or other promotional codes offered by Benetton.  The system will automatically adjust the total order amount, deducting any discounts or allowances.  Any coupons or promotional codes may only be used in accordance with the terms provided upon issuance of the coupon or promotional code. Only one promotional code can be used per order and promotional codes cannot be transferred to others or redeemed for cash or credit.  In the event Products are purchased in whole or in part by applying a coupon or promotional code, and the Customer returns such Product(s) in accordance with our Return Policy, only the portion of the purchase price actually paid by the Customer will be refunded, and the Customer shall not be refunded the full price that he/she would have paid had the coupon or promotional code not been applied.

    4. Shipping

Benetton ships to Customers located in all U.S. states, with the exception of Alaska, California, Hawaii and U.S. Territories.  Shipping costs shall be entirely borne by the Customer in advance of shipment. 
Products shall be shipped to the address indicated by the Customer upon placing the order as soon as reasonably practicable after Benetton’s receipt of payment in full for the order.  Generally, Benetton ships within 24 to 48 business hours of receipt of payment in full; provided, however, that the shipment and delivery dates set forth in any order, order confirmation or in these Terms of Sale are estimates only and such estimates shall not be deemed a representation by Benetton.  Benetton shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment.  Notwithstanding the foregoing, in the event that Benetton is unable to ship an order within thirty (30) days of receipt of payment in full, the Customer will receive an email from Benetton notifying the Customer of the delay in shipment.  At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay.  
Upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer.  Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.

    5. Return Policy

In accordance with the provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The Customer who intends to exercise the right to withdraw must communicate it through an explicit statement, which may be sent through the means indicated in the return instructions contained in the package received with the merchandise, or by accessing the “orders” section of the “Personal Area” on the website, with the creation of a computer Return request or, if an unregistered Customer, by filling out the Return form online.
If the right to withdraw is exercised, the Customer must return the goods within 14 days of the date in which notification of the desire to withdraw from the contract is sent to the seller, as set forth in Art. 57 of Italian Legislative Decree 206/2005.
The merchandise must be shipped back to Benetton Servizi s.r.l. using the prepaid label that the Customer will find inside the package in which the merchandise arrived. Using this label, the direct costs for the return of the product are charged to Benetton.
If the prepaid label is lost, please contact customer service to receive a new one.
If the customer decides to make the return independently and with a courier other than the one indicated:
- the return costs will be borne entirely by the customer.
- Benetton Servizi s.r.l. will in no case be responsible for the damage or theft of the package and will not be required to issue any refund.
It is the Customer’s responsibility to follow the instructions contained in the package in which the merchandise arrived and those indicated on the Website (on page Easy and free return) for the return.
The merchandise must be returned in its entirety, in the original packaging, including all of its parts (including price tag, packaging material, and any documentation and accessories) and including the tax documentation.
If able to verify that the above has been followed, Benetton will reimburse the amount for the returned products within a maximum period of 14 days.
The Customer is responsible for any decrease in the value of the goods as a result of handling them in a manner other than what is strictly required to establish the nature, characteristics, and function of the goods. Therefore, if the Products returned are damaged (for example with signs of wear, abrasion, scratches, removal of tags, removal of pendants, deformations, etc.) or do not include all elements and accessories (including tags and labels unchanged and attached to the product), instructions/notes/manual, original packaging, and warranty certificate (where present), the Customer shall be responsible for the decreased value of the goods and will only be reimbursed for the residual value of the Product.
As set forth in Art. 56, paragraph 3, of Italian Legislative Decree 206/2005, modified by Italian Legislative Decree 21/2014, Benetton may suspend the reimbursement until receipt of the goods or until demonstration by the Customer that the goods were sent to the seller.
Benetton will reimburse the amount using the same payment means chosen by the Customer during the purchase. For payments made in cash and whenever the Customer intends to exercise the right to withdraw, they must access the “Contacts” section and provide Benetton with the following bank coordinates: IBAN, SWIFT, and BIC necessary to perform the reimbursement.

    6. Force Majeure

Benetton shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with Benetton related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.
Los artículos personalizados no pueden devolverse ni cambiarse, exceptuando los derechos vinculados a la garantía del producto.

    7. Customer Service

Benetton’s customer service department is available for all inquiries regarding orders, deliveries, purchases, complaints, requests for information and, more generally, these Terms of Sale through the contact form provided on the Site.

    8. Website Policies

For any other legal information concerning your access to, use of, or the way the Site may use and collect your personal information, please read the Site’s Return Policy, General Terms and Conditions of Use, and PRIVACY POLICY (together with these Terms of Sale, collectively, the “Website Policies”).

Benetton reserves the right to amend any portion of the Website Policies at any time and without prior notice to you; as such, please make sure you review the current Website Policies prior to making a purchase on the Site.  Any amendments or updates to any Website Policies shall be effective upon publication in their respective sections of the Site.

    9. Miscellaneous

These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules.  Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

These Terms of Sale, together with the other Website Policies, shall constitute the entire agreement between you and Benetton. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.

Effective Date: 03/28/2018