Terms and conditions of sales
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 us.benetton.com 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.
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.
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.
- 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.
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.
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.
- Return Policy
Please review our Return Policy prior to completing your purchase.
- Limitation of Liability
BENETTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BENETTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION.
Notwithstanding anything to the contrary CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, in no event will BENETTON be liable for any LOSS, DAMAGE OR CLAIM FOR ANY indirect, special, incidental, punitive or consequential DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, whether based on contract, tort, negligence, STRICT LIABILITY or any other legal theory.
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS.
CERTAIN STATE LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT BENETTON IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, BENETTON’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.
- 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.
- 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.
- 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.
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