General online sales conditions
These general conditions of sale (hereinafter also referred to as “GCS”) regulate the purchases of clothing and accessory products under “United Colors of Benetton” and “Under Colors of Benetton” (the “Products”) brands made by any qualifying natural person such as a customer (the “Customer”), that is, a natural person who concludes a purchasing contract (hereinafter referred to as the “Contract) for the satisfaction of needs of daily life unrelated to business or professional activity (in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code, Legislative Decree no. 206/2005) on the benetton.com ecommerce website (hereinafter referred to as the “Site”)
The seller, as defined below, reserves the right not to process orders from subjects that do not fall within the legal definition of “customer”, In any case, if the buyer does not qualify as a customer, the Contract will be regulated by Italian law, with the exclusion of the 1980 Vienna Convention on the international sale of goods.
The Customer acknowledges that:
- the Site is owned by Benetton Group S.r.l. with a sole shareholder, with headquarters in Via Villa Minelli 1 - Ponzano Veneto (TV) – Italy, 200,000,000.00 Euro fully paid-up Share Capital, VAT number 03490770264, Tax Code/Treviso-Belluno Business Register no. 03490770264, R.E.A. no. 276862;
- the seller of the Products, who is a contractual party with the Customer pursuant to these GCS, is BENETTON TRADING USA INC. c/o Studio Funaro & Co/pc 1221 Brickell Avenue, Suite 1160 33131 Miami FL USA(hereinafter referred to as the “Seller”);
- Orders can only be placed by people of age and who are not subject to conditions of legal incapacity.
- Italian is the language in which the Contract is dealt. In the event of a conflict between the versions of the GSC prepared in a language other than Italian and accepted by the customer, the meaning and interpretation of the GCS in Italian prevails.
ARTICLE 1 – OBJECT AND CONCLUSION OF THE CONTRACT
With the GCS, the Seller sells the Products offered for sale on the benetton.com website (the “Site”).
The Contract is concluded exclusively through the internet, by the Client’s access to the Site, by sending a purchase order according to the procedure provided for by the website itself and its acceptance by the Seller. The purchase is governed by these GCS which the Customer themselves are required to accept in full and without any reservation. To this end, the Customer, before proceeding to the conclusive purchase order, undertakes reading these GCS as well as the pre-contractual information provided on the page.
The purchase order sent by the Customer through the Site has the value of a contractual purchase proposal, binding only for the Customer. In fact, the Seller reserves the right to not accept purchase order proposals that do not give sufficient guarantees of solvency, which are incomplete or incorrect, and in case of the unavailability of products. In these cases, the Seller will notify the Customer of the non-acceptance of the order. In other cases, the Sales Contract is concluded with the Sales Contract is concluded by the Seller sending the goods to the Customer. The Customer will receive an order confirmation email. The confirmation email contains the customer’s data, the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent. The Customer is responsible for verifying that the personal data contained therein is correct and for promptly notifying the Seller of any necessary corrections.
At any time and before the purchase and the shipment is carried out, the Customer has the possibility to cancel the order without any charge.
In the order confirmation email, the Customer will also receive the link to download and archive a copy of these GCS, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CUSTOMER - ART. 49 OF LEGISLATIVE DECREE 206/2005
Before concluding the Contract, the Customer examines the characteristics of the goods that are illustrated in the individual product sheets at the time when the Customer is making the choice. Before the conclusion of the Purchase Agreement and before sending the order, the Customer is informed about:
1. identification of the Seller;
2. total price of the goods including taxes, with detailed shipping costs and any other costs;
3. payment methods;
4. the term within which the seller plans to deliver the goods;
5. the conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions), as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
6. existence of the legal guarantee of conformity for the goods purchased;
7. conditions after the sale and commercial guarantees provided.
ARTICLE 3 – AVAILABILITY OF PRODUCTS
The availability of products indicated on the Site refers to the actual availability the Customer places the order. This availability must be considered indicative in any case because, due to the simultaneous multiple users present on the Site, the Products could be sold to other customers before the order is confirmed.
Where the products covered by the order are not available for reasons beyond the Seller’s control, the order will be automatically corrected with the elimination of the unavailable product and the Customer will receive the adjusted charge, or, in the event that prepaid systems are used, the Customer will be contacted to indicate the pertinent bank details for refunding the unavailable product.
The Customer who accesses the localized Site will have access to the Products available and purchasing in the Country of the Site’s location. The purchased products may be delivered exclusively to the territory of the Country of the Site’s location.
ARTICLE 4 - PRICES
All sales prices of the product indicated on the Site are expressed in local currency and inclusive of all taxes that are charged to the customer.
Shipping costs are not included in the price of the Products, but are not indicated and calculated at the time the purchasing processing is concluded and before the payment is made.
The Customer can use the promotional vouchers offered by the Seller as part of the promotional campaigns for the purchase. These vouchers may only be used in the manner indicated on the vouchers themselves, they may not be used retroactively and/or be transferred to third parties. It is not possible to cumulatively use multiple promotional vouchers for the same order. If for any reason, including due to withdrawal or return by the Customer, the total value of the order should be lower than the value of the voucher, the Seller reserves the right to invoice the original price of the goods remaining in the possession of the Customer.
ARTICLE 5 – PAYMENT METHOD AND DELIVERY
5.1 Payment method
The Seller accepts various payment methods including, for example, credit card, debit card, PayPal, cash on delivery
In case of payment by credit card, debit card and PayPal, the actual amount of the order will be charged only when the order is complete and ready for shipment.
The communications regarding the payment and the data communicated by the Customer when the payment is made, take place on special protected lines. The security of payment by credit card is guaranteed through encrypted data transmission protocol TLS (Transport Layer Security).
Payments can also be made through the use of promotional vouchers. In particular, they can be used:
- VALUE VOUCHER (absolute amount): Value vouchers are personalized codes that allow customers to take advantage of a value discount on purchases made on the Site. At the cart page, insert the voucher in the "Enter promotional code or Family Card number (optional)" field and click on the arrow to apply it to the order. The voucher applies to the entire order and can be used once only, with the exception of returns. It is not possible to use multiple vouchers for the same order. In the event of a complete return of the order, a new voucher will be issued for the initial value. In the event that the return is partial, since the value is spread proportionally on the individual items, a voucher of the residual value will be issued. For technical reasons, the value voucher may only be used on orders whose value exceeds the value of the voucher by at least 1 Euro.
- DISCOUNT CODES: Discount codes are customized codes that allow you to take advantage of a discount percentage for purchases made on the Site. At the cart page, enter the discount code in the "Enter promotional code or Family Card number (optional)" field and click on the arrow to apply it to the order. The promotional code may only be used once and may not be combined with other promotional codes. In case of return, it may not be re-used. In case of partial return, given that the value of the discount is spread out variably over single items, the reimbursement will be equal to the sum of the discounted value of each of the given items.
The discount code may not be used for the purchase of products subject to promotion.
Regarding Gift Cards (even those purchased online, supplied by third parties or purchased in physical stores), they can be used only and exclusively in physical stores.
For each order placed on the Site, upon payment, the Seller will issue a receipt for the goods shipped. This document is available and printable, after the order has been processed, in the "orders" section.
Orders for personalized items may only be paid with PayPal and Credit Card.
Following the shipment of the goods, the Customer will receive a shipment confirmation email in which they will find a link on which they can click and follow the delivery that takes place between 9.00 am and 6.00 pm, from Monday to Friday.
The Customer is responsible for examining the package upon delivery and if they find that the package is tampered with or damaged, they are obliged to tentatively accept (or refuse the package) and photograph the package and its contents.
The Customer who tentatively accepts the package must only contact the Seller's customer care within 24 hours of delivery specifying the order number and attach photos of the damaged package.
Customers who wish to make a complaint about damage to the package and/or goods or who find some items missing, must contact the seller’s Customer Care within 24 hours of delivery and keep the shipping package so that the complaint may be verified.
Failure to comply with the above terms will make it impossible for the Customer to make a complaint and obtain compensation.
In the event that a package is not delivered (excluding delivery with the "Driver release" option), the customer must contact the seller’s Customer Care within 24 hours of the delivery date which is specified in the email confirmation. If the "Driver release" option was chosen, failure to deliver the package is the customer’s responsibility.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with art. 52 of Legislative Decree of 06/09/2005 - NO. 206, the customer has 14 days from receipt of the goods to exercise the right of withdrawal.
To exercise this right, the Customer must communicate it by completing the Return form that present online under “Returns”. Delivery to the courier must take place within 14 days of completing the online return request.
Filling out the Proforma Invoice form is mandatory. If it is missing, the package will be returned to the sender.
Items to be returned must be sent from the same nation where they were ordered and received.
In the package received there will also always be instructions in paper format to ask for the return.
For technical issues of management and tracking of operations, which may involve a very large number of requests, requests for Returns not submitted in the manner described here will not be accepted.
The goods must be returned to the Seller using exclusively the prepaid adhesive label that the Customer can find inside the package with which the goods arrived. If the package is delivered to a collection center, using the label, the direct costs of returning the products will be at the seller's expense. Using this label, the direct costs of returning the products are borne by the Seller.
In case the prepaid label is lost, customer service must be contacted to receive a new one.
If the customer decides to send the return without using the Seller's prepaid label and/or with a courier other than that indicated:
- the return costs will be entirely borne by the customer;
- the Seller will in no case be responsible for the damage or theft of the package and is not required to issue any refund.
In the event that the customer decides to have the package picked up at home, costs will at the customer's expense.
It is the Customer's obligation to correctly follow the instructions contained in the package with which they received the goods and indicated on the Site (on the following Free Return page) for the return.
The goods must be returned intact, the products must not have been used, worn, washed, must be returned in their original packaging, complete in all its parts (including price label and tags unaltered and attached to the product, packaging material and any documentation and accessory equipment) and complete with the attached tax documentation.
Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
If the product shows signs of use or if it had been used or altered from its original condition in any way, the Seller reserves the right not to accept the return. More specifically, if the return cannot be accepted because it does not comply with the above conditions, the Customer can choose to have the purchased products back at their expense. In the event that the Customer refuses this shipment, the Seller reserves the right to retain the products and the amount corresponding to the purchase price of the same.
The Customer is responsible for the decrease in the value of the goods resulting from handling other than that which is strictly necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned Products are damaged (for example with signs of wear, abrasion, scratches, removal of labels, removal of pendants, deformations, etc.), incomplete and lacking elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the attached instructions/notes/manuals, the original packaging and packaging and the guarantee certificate, where present, the Customer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product.
The Seller assumes no responsibility in the event of Products returned by mistake or items forgotten in packages or returned Products.
In case of non-compliance of the return, the customer will be contacted by customer care to request clarifications on the matter. The customer has 14 days to respond to our requests. After this deadline, in the case of no response from the customer, the Seller will proceed with the disposal of the garment and no refund will be allowed.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Seller may suspend the refund until receipt of the goods or until the Customer demonstrates that he has returned the goods to the Seller.
The Seller will make the refund using the same payment method chosen by the Customer during the purchase.
It should be noted that the Customer who intends to change the goods for any reason may only use the return procedure described above.
No returns will be accepted if sent after the allowed date. Otherwise the package will be returned to the customer.
In the case of receipt of an item other than the one ordered, if the customer wishes to proceed with the return, they are obliged to return the item within the standard return times.
Personalized items may not be returned or replaced, without prejudice to the rights associated with the product warranty.
ARTICLE 7 - LEGAL GUARANTEE OF CONFORMITY - PROCEDURE FOR ITS USE
Pursuant to and for the purposes of the European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Customer that the Products are free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months from the purchase date of the goods already existed on that date.
Upon arrival of the goods, the Customer will have the responsibility to examine the Products as soon as possible and, under penalty of forfeiture of the warranty, to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending to the Seller's Customer Service, via e-mail, the appropriate form that has been correctly completed, with precise indication of the defect and/or non-conformity found, as well as the relative documentation indicated in the return form itself (at least one photograph of the Product, the order confirmation sent by the Seller and the tax receipt).
Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Customer, and, after having carried out the quality checks aimed at verifying the actual non-conformity of the Product, the Seller will decide, at their discretion, whether to authorize the return of the Products by providing the Customer with a reply via e-mail to the address provided by the latter during the registration process on the Site. The authorization to return the Products does not in any way constitute recognition of defects or non-conformities, the existence of which must subsequently be ascertained upon return. If, following this verification, the Products are not covered by warranty, they will be returned at the Customer's availability. If the lack of conformity occurs, the Seller will keep the garment and will refund the Customer the price also by means of a voucher, which may be spent on the Site only.
The Products for which the Seller has authorized the return must be returned by the Customer, together with a copy of the return authorization notice, within 30 (thirty) days of reporting the defect or non-compliance, to the address indicated by the Seller.
The application of any warranty is excluded in the event of use or washing of the Product that does not conform to that of the Product and the instructions/warnings provided or reported in the reference illustrative documentation, tags or labels.
To use the warranty, the Customer must keep and show the purchase receipt.
ARTICLE 8 - METHOD OF DELIVERY
The Seller will only accept orders to be delivered in the territory of Italy and in that of the States indicated on the Site. The Products will be delivered by express courier to the address indicated by the Customer at the time of the order. The shipment will take place on average within 3/4 working days, subject to the maximum deadline set by law of 30 days from the date of receipt by the Customer of the order confirmation email sent.
ARTICLE 9 - RESPONSIBILITY
The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that they are unable to execute the order within the times provided for by these GCS.
Both in the hypothesis of exercising the right of withdrawal and in the hypothesis of exercising the right of guarantee of conformity, in the event that the goods cannot be accepted by the Seller because they do not have the requisites required to exercise the rights referred to in the articles 6 and 7 above, it is the Customer's responsibility and responsibility to recover the goods returned to their availability at their own expense. The Customer acknowledges and unconditionally accepts that the Seller, after 30 days from the communication of the making available to the Customer, can proceed with the disposal of the goods not collected by the Customer in accordance with the law.
ARTICLE 10 – FINAL PROVISIONS
The Products are sold with the characteristics described on the Site and according to the GCS published on the Site at the time the order is placed by the Customer, excluding any other condition or term.
The Seller reserves the right to modify these GCS at any time, at their discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
Prices, Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order, the Customer is invited to check the final sale price.
These GCS consist of all the clauses with which they are associated. If one or more provisions of these GCS is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 11 - APPLICABLE LAW AND JURISDICTION
These GCS are subject to Italian law. In any case, any rights attributed to consumers by mandatory provisions of law in force in the State of the latter will be reserved.
Any dispute that does not come to an amicable solution will be submitted to the non-exclusive jurisdiction of the Court of Treviso. Furthermore, as a client, the Customer has the right to also appeal to the courts of the European Union Member State of residence or domicile.
Furthermore, the Customer has the option to resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.