Date of publication on the website and coming into force 29/08/2013

 

1. Object

1.1. These general sales conditions are applied for purchasing products branded “Benetton” (herein after “Products”) through e-commerce website www.benetton.com (herein after the “Website”) by users classified as “Consumers’’ pursuant to following article 1.2. The website, owned by Benetton Servizi S.r.l., with social office in Ponzano Veneto, Via Villa Minelli 1, share capital Euro 5.100.000,00 i.v., tax code, VAT number and registration number in the Business Registry of Treviso 03505490262 (herein after “Owner”), is managed by Triboo Digitale S.r.l - Company belonging to Triboo group – with legal office in Viale Sarca 336 20126 Milan, Italy, tax code, VAT number and registration number in the Business Registry of Milan 02912880966 (herein after “TRIBOO DIGITALE”).

1.2. TRIBOO DIGITALE deals with the sale of Products through the Website, on behalf of the Owner. The purchases of Products made on the Website will involve the following parties: TRIBOO DIGITALE as seller (herein after the ‘’Seller’’) and the subject who purchases one or more Products for scopes other than his entrepreneurial, business, craft or professional activity, as buyer (herein after the ‘’Consumer’’), (Seller and Consumer will be jointly referred to herein after as the “Parties’’).

1.3. The Owner is not subject to these general sales conditions, but he is holder of the rights on the Website name and domain, logos and trademarks, relative products presented on the Website and copyright on the Website's contents.

1.4. Any communication by the Consumer related and/or referred to the purchase of Products – including notices, claims, requests concerning the purchase and/or delivery of Products, exercise of the right of withdrawal, etc. - shall be sent to the Seller at the addresses and according to the methods indicated on the Website, and at email address customercare@benetton.com.

1.5. Each purchase is regulated by these general sales conditions in the version published on the Website upon transmission of the order by the Consumer.

1.6. The Website is intended for retail sales and as such, meant exclusively for the use by Consumers.  Subjects other than Consumers are invited not to place any purchase order. Should one or more sales be made by any subject other than a Consumer, these general sales conditions will be applied but, as exception:

a)        the buyer will not be able to exercise the right of withdrawal as set forth by art. 10;

b)       the buyer cannot benefit of the Product warranty indicated in art. 8;

c)        no other benefits will be acknowledged to the buyer, foreseen herein in favour of the Consumer, which refer or comply with binding laws;

d)       the sales agreement stipulated between the Seller and buyer will be regulated by Italian laws, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.

 

1.7. Upon transmission of the purchase order, the Consumer agrees to receive confirmation of the information concerning the order placed and these general conditions via email at the address specified when registering to the Website or during the purchase process.

1.8. In order to make purchases on the Website, the Consumer must be of legal age (18 years old) and boast legal capacity.

1.9. The Consumer will be responsible for the fees to connect to the Website via Internet, including telephone fees, according to the rates applied by the operator chosen by the Consumer.

2. Characteristics of the Products and availability in different geographical areas

2.1. The Products are sold featuring the characteristics described on the Website and according to the general sales conditions published on the Website when the Consumer places the order, excluding any other term or condition.

2.2. The Seller reserves the right to amend these general sales conditions at any time, at his discretion, without being liable to provide any notice to Website users. Any amendments will be effective on the date of publication on the Website and will be applicable exclusively to the sales made since that date.

2.3. The prices, the Products for sale on the Website and their characteristics are subject to changes without notice. Before transmitting the purchase order according to following point 3, the Consumer is invited to check the final sales price.

2.5 Users worldwide can login the Website which may contain references to Products that may not be available or cannot be purchased in the country of the Website user.

2.6 The Products available on the Website can be purchased exclusively by users who request delivery, in the specific section of the Website, in one of the Countries listed on the Website.

 

3. Purchase methods of the Products – Stipulation of each single purchase agreement

3.1. The Product presentation on the Website, which is not binding for the Seller, represents a simple invitation towards the Consumer to place a purchase order and not an offer to the public.

3.2. The purchase order transmitted by the Consumer to the Seller through the Website represents a contractual offer and is regulated by these general sales conditions, which constitute an integral part of the same order that the Consumer shall accept in full without any objection, when transmitting the order to the Seller.   Before purchasing the Products, by sending the purchase order, the Consumer will be requested to carefully read these general sales conditions and the policy on the right of withdrawal, to print a copy by pressing the printing and saving button or reproduce a copy for personal use.  Moreover, the Consumer will be requested to identify and correct any errors concerning the inputting of his data.

3.3. The Consumer’s purchase order is accepted by the Seller with the transmission of an order confirmation email to the Consumer, at the email address indicated by the latter to the Seller when registering to the Website or placing the order in case the Consumer is not registered to the Website, which will include the link to the text of these general sales conditions, the summary of the placed order and description of the characteristics of the ordered Product.  The Consumer’s order, the order confirmation by the Seller and the general sales conditions applicable to the agreement between the Parties, will be filed electronically by the Seller in his computerised systems and the Consumer can request a copy by sending a notice to the Seller via email at customercare@benetton.com.

3.4. Each purchase agreement concerning the Products is deemed stipulated when the Consumer receives the order confirmation by the Seller via email.

 

4. Procedure to select and purchase the Products

4.1. The Products presented on the Website can be purchased exclusively through the purchase procedure available on the Website; any purchase and/or booking attempts made via email, fax, or other medium other than the aforementioned purchase procedure, will not be acknowledged.  This procedure foresees the selection of Products by the Consumer, by placing them inside the specific virtual shopping cart. After selecting the Products, in order to purchase and input them inside the cart, the Consumer will be invited to register to the Website by providing the requested information, or to login, in case the Consumer is already registered, or to provide his personal data in order to complete the order and stipulate the agreement.  In order to make a purchase, the Consumer will be prompted to confirm his data (for example and not limited to: name, surname, etc.), the address where the selected Products will be delivered, the invoicing address and compulsorily, a telephone number in order to be able to be contacted for any notices concerning the purchase made, in case this information is different from that input during registration. The Consumer will visualize a summary of the order to place, where he can modify the contents: therefore, the Consumer, after reading them carefully, shall explicitly approve these general sales conditions by crossing the check-box on the Website and lastly, through the ‘’Order input’’ button, the Consumer will be prompted to confirm his order which will be transmitted to the Seller and will produce the legal effects set forth by previous paragraph 3.2. of this agreement. The Consumer will also be requested to select the shipping and payment methods, among those available. Should the Consumer select immediate payment (upon purchase) through credit card, PayPal or immediate bank transfer, he shall notify the relative information through secured connection. For accounting and administrative reasons, the Seller reserves the right to check the information provided by the Consumer. Should the payment be issued by credit card, the purchase amount will be exclusively charged upon transmission of the order confirmation by the Seller to the Consumer.

4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address customercare@benetton.com .

4.3. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:

(a) if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Consumer during the order transmission phase and (ii) refund the Consumer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment;

(b) if the Consumer has received the Product, the Seller shall promptly notify the Consumer by email of the technical error that occurred during the order procedure, and offer the same, alternatively, to (i) pay the Seller, within and no later than the next 5 (five) days, using one of the payment methods available on the Site, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or (ii) cancel the order, following the instructions provided in the same email notice on how to return the Product to the Seller, at the expense of the latter, within and no later than the next 14 (fourteen) days, more specifically to Triboo Digitale c/o ArceseLog, Via Groane 6, 20811 Cesano Maderno (MB) - ITALY, undamaged, complete with all parts and accessories (including unaltered labels and cards still attached to the Product), accompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty certificate, together with the duly completed RMA form attached to the email sent by the Seller- If the Consumer chooses the option provided in point (b) (ii) above, the Seller shall refund the payments effected by the Consumer for the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment.

 

5. Delivery of goods and acceptance

5.1. In general, the Website indicates the Products availability and delivery timeframes, however this information shall be deemed merely indicative and not binding for the Seller.

5.2 The Seller will take any necessary measures to comply with the delivery timeframes published on the Website and in any case, to deliver within 30 (thirty) days from the day after the order was transmitted by the Consumer.  Should the order not be processed by the Seller due to Product out-of-stock, even if temporarily, the Seller will notify the Consumer in writing and refund the sums potentially already paid by the Consumer for the Product, according to following paragraph 5.3.

5.3. The Website notifies the Product stock and out-of-stock in case a Product ordered by a Consumer is not available for delivery despite the order confirmation, and will immediately refund the Consumer, the sums already paid.

 

5.4. The Products ordered by the Consumer will be shipped according to the method selected by the latter, among those available and indicated on the Website when transmitting the order. The Consumer agrees to check with no delay, and anyhow within 3 (three) days from receiving the Products, that the delivery is correct and includes all and only the purchased products and shall notify the Seller within said term, about any defect found in the received products or inconsistency compared to the order placed, according to the procedure set forth by following art. 9 of these general sales conditions. Should the packaging or case containing the products ordered by the Consumer arrive at destination with obvious damages, the Consumer shall refuse the delivery by the carrier/ shipper or to accept the delivery ‘’with reservation’’.

5.5. After the expiry of the term indicated in previous paragraph 5.4. without the Consumer formulating any objections towards the carrier/ shipper, the delivered Products will be deemed finally accepted by the Consumer.

 

6. Prices, shipping costs, taxes and duties

6.1. The Product price is the one indicated on the Website when the Consumer transmits the order. The Product prices published on the Website include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping fees which are calculated before the order confirmation transmitted by the Seller to the Consumer, which the latter agrees to pay to the Seller in addition to the price published on the Website.

6.2. Based on the country in which the Products shall be shipped, the relative shipping costs will be displayed on the Website when placing the order, which the Consumer agrees to pay in addition to the price of the ordered Products.

6.3. The Consumer shall pay the total price to the Seller as indicated in the order confirmed through the order confirmation sent by the Seller to the Consumer via email.

6.4. Should the Products be delivered in a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation including indirect taxes (if applicable) does not include potential customs fee and any other fee on sales that the Consumers agrees since now to pay if due, in addition to the price indicated in the order and confirmed through the order confirmation, according to laws applicable in the country where the products will be delivered. The Consumer is invited to obtain information from competent bodies in his home country or product destination country, concerning potential duties or taxes applicable in his home country or product destination country.

6.5. As all orders are shipped from Italy, the Consumer is responsible for any additional cost, fee, tax and/or duty that a certain country may apply to the ordered Products at any title, based on these general sales conditions.

6.6. The Consumer declares that, should he not be aware of costs, fees, duties, taxies and/or levies as mentioned in previous paragraphs 6.4. and 6.5. when transmitting the order to the Seller, this will not constitute cause for terminating the agreement and said fees will not be charged to the Seller.

 

7. Payments

7.1. The payment of the price for the Products purchased through the Website shall be issued within the peremptory term of 10 (ten) days from the date in which the order confirmation was transmitted by the Seller to the Consumer. The Consumer explicitly agrees that the agreement will be processed by the Seller when the price for the purchased Product/s will be credited on the Seller’s bank account.

7.2. Payment can be issued with credit card, bank transfer or PayPal, at the conditions described below. The Seller may allow additional payment methods, indicating them in the Website’s payment section.

7.3. Should payment be issued through credit card, the Consumer will be transferred to a secured site and the credit card information will be directly disclosed to Global Collect, operator who deals with payments on behalf of the Seller. The data will be transmitted in secured mode, through data crypted transfer using SSL System (SecureSocketLayer) at 128 bit. This information will not even be disclosed to the Seller.

7.4. Should payment be issued through bank transfer in favour of the Seller, the Consumer shall indicate the “Swift” and “IBAN” codes indicated in the order confirmation.

7.5. The Seller will promptly transmit the tax receipt concerning the purchase made to the Consumer, in electronic format via email at the address indicated by the latter, if the purchased Products are to be shipped within the Italian territory, or will enclose it to the purchased Products in paper format, in all other cases.

 

8. Legal guarantee of conformity released by the Seller, notification of conformity defects and interventions under warranty

8.1. Pursuant to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer code), the Seller guarantees to the Consumer, that the Products will be free of design and material defects, and compliant with the descriptions published on the Website, for a period of 2 (two) years from the date the Products are delivered to the Consumer. Any warranty will be voided in case the Product will be used or washed not in compliance with the intended uses of the Product and instructions/warnings provided by the Seller and/or Owner, or indicated in the reference explanatory documents, tags or labels.

8.2. The Consumer will be responsible to check the Products as soon as possible and, under penalty of invalidity of this warranty, notify any defects and non-conformities within 2 (two) months since he discovers them, by transmitting the relative form duly filled out, to the Seller’s Customer Service Department, indicating the defect and/or non-conformity found, and relative documents mentioned in the return form (at least 1 (one) photograph of the Product, the order confirmation transmitted by the Seller and tax receipt).

8.3. After receiving the form and relative documentation, the Seller will assess the defects and non-conformities claimed by the Consumer by availing himself of the Owner’s assistance service and, after carrying out the quality checks aimed at verifying the actual non-conformity of the Product, will decide at his discretion whether to authorise the Product return, by sending a reply to the Consumer via email at the address provided by the latter when registering to the Website. The authorisation to return the Products will not constitute any acknowledgement of defects or non-conformities, which existence will be verified after returning the products. The Products meant to be returned upon authorisation of the Seller, shall be returned by the Consumer together with a copy of the return authorisation notice, within 30 (thirty) days from claiming the defect or non-conformity, at the following address: TRIBOODIGITALE S.r.l., c/o Arcese Trasporti S.p.a., Via Groane 6, 20811 Cesano Maderno (MB) - Italy.

8.4. Should the Seller refund the price paid to the Consumer, refund will be issued through bank transfer or, if possible, through the same payment method used by the Consumer when purchasing the Product. The Consumer shall notify his bank details to the Seller, always via email at customercare@benetton.com, in order to issue a bank transfer in his favour and to put the Seller in the conditions to be able to return the due sum.

 

9. Liability in case of damages due to faulty products

9.1. With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer code) will be applied. The Seller, in his quality of product distributor through the Website, will be relieved from any liability, none excluded and/or excepted, indicating the name of the relative product manufacturer.

 

10. Withdrawal right

10.1. The Consumer can exercise the right of withdrawal from any agreement stipulated according to these general sales conditions, without any penalty, within 14 (fourteen days) days from the date he receives the ordered Products, for any reason and without being liable to provide any explanation in this regard.

10.2. To exercise the right to withdrawal, the consumer must inform Triboo Digitale before carrying out the final steps preceeding clause 10.1 and regarding the very decision. This can be done by logging into "my returns" from My Account or, if not registered on the site, visiting the "RETURNS AND REIMBURSEMENTS" page and entering the order number and email used for the purchase. Alternatively, the consumer can send an explicit declaration to Triboo Digitale using the contact form or customercare@benetton.com email address stating the decision to withdraw by attaching the standard withdrawal form. In order to carry out a free return, contact UPS couriers with the following code: E6962V.
If you want to use a different courier than the one indicated above, the shipping costs will be at your expense..

10.3. If the Products have not been sent to the Consumer, the withdrawal shall be intended as exercised the moment the Seller receives the withdrawal request from the Customer for the entire order addressed to customercare@benetton.com.

10.4 If the Products have already been sent to the Consumer, on receiving the request as foreseen in point 10.2, the Seller will send the Returned Products Form via e-mail to the Consumer. Within the following 14 days, the Consumer is required to return the Products to the Seller, together with the Returned Product Form sending or delivering them to:

Triboo Digitale S.r.l.

c/o Arcese Trasporti S.p.a.

Via Groane, 6

20811 Cesano Maderno (MB) -Italy.

10.5. It is agreed that transport risks and costs for returning the Products to the Seller will be paid by the Consumer.

10.6. In order for the right of withdrawal to be valid, the Products shall be submitted or in any case delivered to the Seller integer (without any sign of wear, abrasion, dent, scratch, deformation, etc.), complete with all their parts and accessories, accompanied by instructions/ notes/ enclosed manuals, original packaging and wrapping and the warranty certificate, if present. Should any of the above be lacking, the Consumer will lose the right to be refunded for the amounts paid. In view of the above, we suggest covering the original Product packaging with another protective wrapping to preserve integrity and to protect the product during transport, also against writing or labels.

10.7. The Seller will take the delivery of the returned Products, granted his right to check whether these have been returned in the conditions described in previous paragraph 10.5.

10.8. If the check of the returned Products gives a positive outcome and the right of withdrawal has been duly exercised by the Consumer according to the foreseen terms and methods, the Seller will refund the full amount paid to purchase the Products to the Consumer, including the shipping fees paid by the Consumer for purchasing the product, as soon as possible and in any case, within 30 (thirty) days from the date in which the Seller is notified about the Consumer’s intention to exercise the right of withdrawal. However, the Consumer will remain liable for shipping fees and any duties or additional taxes paid by the latter to return the Product to the Seller.

10.9. The refund will be effected, where possible using the same payment method used by the Consumer to purchase the Product, or by bank transfer in favour of the Consumer; the Consumer shall provide the bank details on the returned products request or by email to customercare@benetton.com so the Seller is in a position to refund the relative amount. In the event that the payment was made by credit card, the refund will be made within the indicated time by direct crediting of the amount due to the credit card used by the Consumer to pay for the goods. In the event that the payment was made by PayPal, the refund will be made within the indicated time by direct crediting of the amount due to the account used by the Consumer to pay for the Products.

 

11. Intellectual property rights

11.1. The Consumer declares to be aware that any trademarks, names, as well as any distinctive mark, company name, image, photograph, written text or graph published on the Website or relative to the Products are and will remain the exclusive property of the owner Benetton Retail and/or parties entitled; access to the Website and/or the purchase of Products will not confer any right on the above, to the Consumer.

11.2. The Website contents cannot be reproduced, whether in whole or in part, transferred with electronic or traditional means, modified or used at any title, without the previous written approval of Benetton Retail.

 

12. Consumer’s data and protection of privacy

12.1. In order to register, transmit the order and therefore stipulate this agreement, certain personal information is requested from the Consumer through the Website. The Consumer acknowledges that the personal data he provides, will be processed by the Seller in quality of Data Controller, in compliance with the provisions set forth by Italian Legislative Decree no. 196/2003 and subsequent amendments and integrations - Privacy Code, in order to process each purchase made through the Website, and upon his consent, for additional activities as indicated in the relative privacy policy provided to the Consumer through the Website upon registration.

12.2. The Consumer declares and guarantees that the information given to the Seller upon the registration and purchase process is correct and truthful.

12.3. The Consumer can update and/or modify his personal data given to the Seller at any time, through the specific Website section ‘’My Account’’, which can be accessed with login and password.

12.4. For any additional information regarding the processing methods of the Consumer’s personal data, please see the Privacy Policy section and carefully read the General Conditions of Use.

 

13. Security

13.1. Despite the Seller adopts measures aimed at protecting personal data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limits in protecting electronic communications via internet, the Seller cannot guarantee that the information or data visualized by the Consumer on the Website, also after logging in, cannot be accessed or viewed by non-authorised third parties.

13.2. With regards to data concerning payments made with credit card, the Seller avails himself of services provided by Global Collect, which adopts technological systems aimed at ensuring utmost reliability, security, protection and privacy when transmitting information via web.

 

14. Force majeure

14.1. The Seller will not be deemed liable in case of total or partial insolvency of his obligations in force of any agreement stipulated according to these general sales conditions, when said insolvency is caused by unforeseeable and/or natural events outside his reasonable control, including for example and not limited to, catastrophic natural events, acts of terrorism, wars, popular rising, lack of electric energy, general strike of public and/or private workers, strike and/or restrictions concerning carrier's routes and airplane connections.

 

15. Applicable law and competent court

15.1. Each sales agreement stipulated between Seller and Consumers pursuant to these general sales conditions will be regulated and interpreted according to Italian laws. Without prejudice to the rights potentially boasted by Consumers from binding provisions set forth by laws applicable in their home country.

15.2. As an alternative to the settlement proposed in art. 15.1 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: customercare@benetton.com .

15.3. Any controversy will be exclusively devolved to the Court of Milan, unless this provision cannot be applied due to binding laws applicable in the Consumer’s home country.

 

16. Transfer

The Parties cannot sale neither transfer any of their rights and obligations derived from these general sales conditions to third parties, without the previous written approval of the other party.

 

17. Validity of the clauses

17.1. The headings of the clauses used herein are merely indicative and do not boast any effect with regards to the identification of the content and interpretation of this agreement.

17.2. These general sales conditions do not prejudice the right attributed to the Consumer by Italian laws.

17.3. Should a clause or part of a clause of these general sales conditions be deemed invalid because in contrast or contrary to a provision set forth by law, all other clauses of this agreement or parts of the same clause will remain fully valid and effective.

 

18. Final provisions

The Consumer declares not to have been induced to stipulate this agreement based on previous oral declarations.