GENERAL PROVISIONS
These general conditions of sale (hereinafter also “GCS”) govern the purchase of clothing and accessories products under the “United Colors of Benetton“, “Undercolors of Benetton” and “Sisley” brands (the “Products”) made by any natural person who can be classified as a consumer (the “Customer”) - i.e. a natural person who concludes a purchase contract (hereinafter referred to as the “Contract”) for the satisfaction of everyday needs outside of entrepreneurial 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 e-commerce site outletbenetton.com (hereinafter referred to as the “Site”)
The seller as defined below, reserves the right not to process orders from subjects who do not fall within the legal definition of "consumer". In any case, if the buyer does not qualify as a consumer, the Contract will be governed 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 Srl, a single shareholder, with registered office in Via Villa Minelli 1 - Ponzano Veneto (TV) – Italy, Share Capital Euro 200,000,000.00 fully paid up, VAT number 03490770264, Tax Code/Treviso-Belluno Company Register no. 03490770264, REA no. 276862;
- the seller of the Products, who is a contractual party with the Customer pursuant to these GTC, is BENETTON GROUP SRL a socio unico, with registered office in Ponzano Veneto (TV), Via Villa Minelli n. 1, share capital Euro 200,000,000.00 fully paid up, CF/RI of Treviso-Belluno n. 03490770264, (hereinafter referred to as “the “Seller”);
- orders can only be placed by adults who are not under legal incapacity.
- the language in which the Contract is concluded is Italian. In the event of a conflict between the versions of the GTC prepared in a language other than Italian and accepted by the customer, the meaning and interpretation of the GTC in the Italian language shall prevail.
ARTICLE 1 - OBJECT AND CONCLUSION OF THE CONTRACT
With the GTC, the Seller sells to the Customer, who purchases remotely, the Products offered for sale on the outletbenetton.com website (the “Site”).
The Contract is concluded exclusively through the Internet, through the Customer's access to the Site, through the sending of a purchase order according to the procedure provided by the site itself and its acceptance by the Seller. The purchase is regulated by these GTC which the Customer himself is required to accept in full and without any reservation. To this end, the Customer, before proceeding to the conclusion of the purchase order, undertakes to read these GTC and the pre-contractual information provided on the page.
The purchase order sent by the Customer via the Site has the value of a contractual purchase proposal, binding only for the Customer. The Seller reserves the right not to accept purchase order proposals that do not provide sufficient guarantees of solvency, that are incomplete or incorrect and in the event of unavailability of the products. In these cases, the Seller will communicate to the Customer the non-acceptance of the order. In other cases, the Sales Contract is perfected with the sending by the Seller of 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 undertakes to verify the accuracy of the personal data contained therein and to promptly communicate any corrections to the Seller.
At any time and before the purchase is completed with shipping, the Customer has the option 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 GTC, 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 CONSUMER - 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 of the Customer's choice. Before concluding the Purchase Contract and before sending the order, the Customer is informed about:
1. identification of the Seller;
2. total price of the goods including taxes, with details of shipping costs and any other costs;
3. payment method;
4. the term within which the Seller undertakes to deliver the goods;
5. the conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions), as well as the withdrawal form in Annex I, Part B of Legislative Decree 21/2014;
6. existence of the legal guarantee of conformity for the goods purchased;
7. After-sales assistance conditions and commercial guarantees provided
ARTICLE 3 - PRODUCT AVAILABILITY
The availability of the products indicated on the Site refers to the actual availability at the time the Customer places the order. Such availability must however be considered indicative because, due to the simultaneous presence of multiple users on the Site, the Products could be sold to other customers before the order is confirmed.
Where the products in the order are not available for reasons beyond the Seller's control, the order will be automatically corrected by eliminating the unavailable product and the Customer will receive the corrected charge or, in the event that he uses prepaid systems, will be contacted to indicate the bank details necessary for the refund of the unavailable product.
ARTICLE 4 - PRICES
All product sales prices indicated on the Site are expressed in local currency and include all taxes that are payable by the consumer.
Shipping costs are not included in the price of the Products, but are indicated and calculated at the end of the purchase process and before payment is made.
The Customer may use promotional vouchers offered by the Seller as part of promotional campaigns for purchases. These vouchers may only be used in the manner indicated in the vouchers themselves; they may not be used retroactively and/or transferred to third parties. Multiple promotional vouchers may not be used cumulatively for the same order. If for any reason, including withdrawal or return by the Customer, the total value of the order is less than the value of the voucher, the Seller reserves the right to invoice the original price of the goods that remain in the possession of the Customer.
ARTICLE 5 - PAYMENT AND DELIVERY METHODS
5.1 Payment Methods
The Seller accepts various payment methods including, for example, credit card, debit card, PayPal, Apple Pay and Google Pay.
Communications relating to the payment and the data communicated by the Customer when the payment is made, take place on special protected lines. The security of the payment by Credit Card is guaranteed by the encrypted data transmission protocol TLS
(Transport Layer Security).
Payments can also be made using promotional vouchers. In particular, the following can be used:
- VALUE VOUCHERS (absolute amount): Value vouchers are personalized codes that allow you to take advantage of a value discount on purchases made on the Site. In the cart, the voucher code must be entered in the "Discount Code" field and you must click on "Apply".
It is specified that the value voucher:
- Applies to entire order;
- For technical reasons, the value voucher can only be used on orders whose value exceeds the value of the voucher itself by at least 1 euro;
- It can be used in a single solution;
- Cannot be combined with other vouchers;
- It cannot be converted into an equal amount of cash;
- In the event of a total or partial return of the order, no new voucher will be issued for the initial or partial value;
- It has no expiration date.
- DISCOUNT CODES : Discount codes are personalized codes that allow you to take advantage of a percentage discount on purchases made on the Site. In the cart, enter the discount code in the "Discount Code" field and click on "Apply". The promotional code can only be used once and cannot be combined with other promotional codes. In the event of a return, it will not be refunded . In the event that the return is partial , since the value of the discount is spread variably over the individual items, the refund will be equal to the sum of the discounted value of the same.
5.2 Delivery
Following the shipment of the goods, the Customer will receive a shipment confirmation email in which he will find a link to click on and follow the delivery which takes place between 9.00 and 18.00, from Monday to Friday.
The Customer has the obligation to examine the package upon delivery and if he finds that the package is tampered with or damaged he has the obligation to accept with reservation (or refuse the package) and photograph the package and its contents.
The Customer who accepts the package with reservation must contact exclusively the Seller's Customer Care within 24 hours of delivery specifying the order number and attaching photos of the damaged package.
The Customer who complains about damage to the package and/or goods or finds that some items are missing, must contact the Seller's Customer Care within 24 hours of delivery, keep the shipping packaging and any damaged items, to allow verification of the complaint. The same packaging must not be used to return other items correctly received. It is recommended to use alternative packaging or wait for the outcome of the verification to return other items correctly received with original packaging. The return time in this case will be extended until the outcome of the case.
Failure to comply with the above terms will make it impossible for the Seller to recognize the complaint and, therefore, will not be able to guarantee the Customer the compensation due.
In case of non-delivery of the package (excluding delivery with “Driver release” mode) the Customer must contact the Seller's Customer Care within 24 hours from the delivery date indicated in the email received. If the “Driver release” option is chosen, the non-delivery of the package is the Customer's responsibility.
We also remind you that our courier does not deliver to PO boxes and in the following areas: Livigno (SO), Campione d'Italia (CO).
ARTICLE 6 - RIGHT OF WITHDRAWAL
In accordance with art. 52 of Legislative Decree 06/09/2005 - N. 206, the Customer has 14 days from receipt of the goods to exercise the right of withdrawal. Only one return is permitted per order.
To exercise this right, the Customer must communicate it by completing the return procedure available online in the "Returns and refunds" section. Delivery to the courier must take place within 14 days of completing the online return request.
Items to be returned must be shipped from the same country in which they were ordered and received.
The package you receive always includes instructions in paper format for requesting a Return.
The goods must be returned intact, the products must not have been used, worn, washed, they 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).
The customer is aware and accepts that return requests must be submitted in the manner described below.
1. The customer is required to fill out the return request at the following link Returns and refunds within 14 days of receiving the order where he must select the items to return and the relative reason for the return. Items not included in the return request will not be accepted or refunded.
2. Once the form has been filled out, the customer must print the label and attach it to the package to be returned. The customer remains free to send the return without using the Seller's prepaid label and/or with a courier other than the one indicated. In this case:
- return costs will be entirely borne by the customer;
- the Seller will not be responsible in any case for the damage or theft of the package and will not issue any refund in the event of such events.
It is the Customer's obligation to correctly follow the instructions contained in the package with which he received the goods and indicated on the Site (on the following page Returns and refunds ) for the return. If the package is delivered to a collection center, the Customer must provide his telephone number, which is necessary as proof of delivery and to track his package.
If the product shows signs of use or if it has 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 conditions above, the Customer may choose to have the purchased products returned at his own 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 value of the goods resulting from handling other than that 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, scratching, removal of labels, removal of pendants, deformations, etc.), not complete with all their 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 wrapping and the warranty certificate, where present, the Customer will be responsible for the decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product.
The Seller assumes no responsibility for Products returned by mistake or for items forgotten in packages or returned Products.
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 of 14 working days.
In case of non-conformity of the return, the customer may be contacted by Customer Care to request clarifications on the matter. The customer has 14 days to respond to our requests. Once this deadline has expired without any response from the customer, the Seller will proceed with the disposal of the item and no refund will be allowed.
As provided for 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 has demonstrated that he has returned the goods to the Seller.
The Seller will refund using the same payment method chosen by the Customer during the purchase phase.
No changes are made. If the Customer wishes to change the purchased items, he must return them and place a new order.
No returns will be accepted if shipped after the allowed date. Otherwise the package will be sent back to the customer at his expense.
In the event of receiving an item other than the one ordered, if the customer wishes to proceed with the return, he/she is obliged to return the item within the standard return times.
ARTICLE 7 - LEGAL GUARANTEE OF CONFORMITY – PROCEDURE FOR ITS USE
Pursuant to and for the purposes of 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 compliant with 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 presumed that any defects of conformity that appear within 6 months of purchase of the goods already existed on that date.
Upon arrival of the goods, the Customer will have the obligation to examine the Products as soon as possible and, under penalty of forfeiture of this guarantee, to report any defects and non-conformities within and no later than 2 (two) months of discovery, by sending the Seller's Customer Service, by e-mail, the appropriate form 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 and the order confirmation sent by the Seller).
Upon 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 controls to verify the actual non-conformity of the Product, will decide, at its discretion, whether to authorize the return of the Products by providing the Customer with feedback via email 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 be subsequently ascertained upon return. If, following said assessment, the Products are found not to be covered by the warranty, they will be returned to the Customer's availability.
Products for which the Seller has authorised the return must be returned by the Customer, together with a copy of the return authorisation communication, within 30 (thirty) days of reporting the defect or non-conformity, to the address indicated by the Seller.
The application of any guarantee is excluded in the event of use or washing of the Product that is not in accordance with the specific use or washing of the Product and the instructions/warnings provided or reported in the reference illustrative documentation, on the tags or on the labels.
ARTICLE 8 - DELIVERY METHODS
The Seller will only accept orders to be delivered in Italy and in 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 3/5 working days, without prejudice to the maximum term provided 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 disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the Internet network, in the event that it is unable to execute the order within the timeframes set out in these GTC.
Both in the event of exercising the right of withdrawal and in the event 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 requirements required to exercise the rights referred to in Articles 6 and 7 above, it is the Customer's responsibility and obligation to recover the goods made available to him at his own expense. The Customer acknowledges and unconditionally accepts that the Seller, after 30 days from the communication of the making available to the Customer, may proceed with the disposal in accordance with the law of the goods not collected by the Customer.
ARTICLE 10 – FINAL CLAUSES
The Products are sold with the characteristics described on the Site and according to the GTC published on the Site at the time the order is sent by the Customer, with the exclusion of any other condition or term.
The Seller reserves the right to modify these GTC at any time, at its sole discretion, without the need to provide any prior 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 verify the final sale price.
These GTC are constituted by all the clauses that compose them. If one or more provisions of these GTC are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 11 - APPLICABLE LAW AND JURISDICTION
These GTC 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 safeguarded.
Any dispute that cannot be resolved amicably will be subject to the non-exclusive jurisdiction of the Court of Treviso. Furthermore, as a consumer, the Customer has the right to also appeal to the courts of the European Union Member State of residence or domicile.
Furthermore, the Customer may optionally 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 .
