BRIONVEGA S.r.l. with registered office in Via Marco Ulpio Traiano 33, 20149 Milan MI – ITALY, REA number MI – 2604422 tax code and registration no. to the Business Register 11457980966, firstname.lastname@example.org , customer service number: 0434 383292 (cost of the call charged to the customer)
Customer Service Address:
via Udine 59
33061 RIVIGNANO TEOR (UD)
These General Conditions of Sale of BRIONVEGA S.r.l. define the rights and obligations of the parties in the context of the sale of products and services carried out by BRIONVEGA S.r.l. to Members of the Website www.brionvega.it (hereinafter referred to as the ” Website”).
By placing an order, the Customer declares to be at least 18 years old, to be a consumer pursuant to art. 3 of Legislative Decree 206/2005 (Consumer Code) and to be the owner or to have the availability of an e-mail address communicated to BRIONVEGA S.r.l. Each Customer declares to have read and accept the rights and obligations that follow from placing the order. All orders are governed by these General Conditions of Sale.
The set of sales services offered by BRIONVEGA S.r.l. on its website are defined below as the “Services of BRIONVEGA S.r.l.” or the “Services”. The Services are differentiated for Italy and abroad.
Any natural person, of legal age and legally capable, who, having registered spontaneously or having been invited by another Customer, and wishing to use the Services of BRIONVEGA S.r.l., meets the requirements of these general conditions will be indicated here as “CUSTOMER”.
Any purchase or reservation of a product or service made by a Customer on the Website under the conditions set out in these General Terms and Conditions of Sale will hereinafter be defined as an “Order”.
4) Access and registration methods
4.1. Access to the Services is possible after voluntary registration or by invitation. The invitation by a Customer will be limited to a small circle of people (relatives and friends) who are directly and effectively aware of the Customer making the invitation. Consequently, the mass recruitment of guests outside the aforementioned circle is strictly prohibited, whether for profit, directly or indirectly, or free of charge, by any means, and in particular, by means of an Internet site, a blog , of advertisements published on the Internet or in newspapers or in discussion forums, or, again, by using the names of partner brands of the Website or by reproducing parts of the Website’s catalogue.
5) How to place the Order, price, billing
5.1. Customers can place orders on the Internet by connecting to http://www.brionvega.it
5.2. The Customer guarantees that he is authorized to use a credit card or his PayPal account to pay for the Order and that these means of payment allow access to sufficient funds to cover all costs resulting from the use of BRIONVEGA S.r.l.’s Services.
5.3. By clicking on “Buy” during the purchase procedure and after having checked the contents of the Order in his “Cart” and after having modified it, if necessary, the Customer declares to accept in full and without reservation these General Conditions of Sale.
After confirming the contents of his Order, the Customer will definitively confirm the Order by means of payment. The Order will be considered definitive with the payment of the price of the service.
BRIONVEGA S.r.l. will systematically confirm each Customer’s Order by e-mail as well as its shipment.
5.4. The prices of the products and services, inclusive of VAT, are indicated in the corresponding product or service sheet. The shipping costs of the Order will be indicated before its final confirmation. Furthermore, once the Order has been confirmed, the prices and expenses will remain visible in the control panel reserved for the customer on the Website.
5.5. An invoice for each Order will be available online in the control panel reserved for the customer on the day of payment. In the event of total cancellation of the Order by the Customer, a “credit note” will be available, which will have the effect of canceling the corresponding invoice. The issued documents remain available online for one year from the date of issue.
5.6. Failure by the Customer to comply with the obligations assumed pursuant to these General Conditions of Sale and in particular those relating to the payment of the Order price may result in, depending on the seriousness of the violation committed, the suspension of access to the Services BRIONVEGA S.r.l. or the cancellation of the account with the consequent exclusion of the Customer, without prejudice to BRIONVEGA S.r.l.’s right to request payment of interest and damages suffered. Consequently BRIONVEGA S.r.l. reserves the right to refuse Orders placed by the Customer against whom the aforementioned measures have been taken.
6) Conformity of products or services
6.1. The information indicated in each product sheet is that communicated to BRIONVEGA S.r.l. by the suppliers from whom the products and services are purchased. BRIONVEGA S.r.l. will do its best so that the description and/or photographic representation of the products and services on the Website is as faithful as possible to the products and services of mede BRIONVEGA S.r.l. However, taking into account the digital presentation of the products or services on the Internet, it is possible that the Customer’s perception of the description or photographic representation of the products and services does not correspond exactly to the mede BRIONVEGA S.r.l. product or service. In any case, the provisions of this article do not have the effect of depriving the Customer of his right of withdrawal as described in article 8 of these General Conditions of Sale.
7) Availability of products and services
In the event of total or partial unavailability of the product or service after the Order has been placed, the Customer will be informed by e-mail of the cancellation of the Order or of the partial delivery of the Order. In case of unavailability of the product or service, the Customer will have the right to request:
the delivery of a product or service of quality and equivalent price compatibly with the availability of stock; or the reimbursement of the price of the product or service ordered within thirty days from the request made by the Customer. The costs for the delivery of a new product or service will be borne by BRIONVEGA S.r.l.
8) Right of withdrawal
8.1. Scope of
Without prejudice to the cases of exclusion indicated in the following paragraph, all products and services benefit from the “satisfied or refunded” clause which the Customer can avail of within ten working days following the date of delivery of the product or, in the case of services, within ten working days following the date of conclusion of the contract in accordance with the provisions of articles 64 and following of Legislative Decree 206/2005, Consumer Code. The right of withdrawal cannot be exercised with reference to certain products and services indicated in art. 55, Legislative Decree 206/2005 (Consumer Code). These include services relating to accommodation, transport, catering, leisure, when it comes to services to be used on a specific date or in a pre-established period. The Consumer Code also provides that, unless otherwise agreed between the parties, the Customer cannot exercise the right of withdrawal in cases of supply of certain goods and services including the following:
services whose execution has begun, with the Client’s agreement, before the expiry of the ten-day period set for withdrawal; goods or services whose price is linked to fluctuations in financial market rates; goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly; this category also includes those products having an odometer and/or an hour counter, where the kilometers traveled would have an immediate and irrefutable impact on the value of the asset, thus making it impossible to remarket it and resell it for the initial value. audiovisual products or sealed computer software, once opened by the Customer; of newspapers, periodicals and magazines. The products referred to in point d) will be considered opened by the Customer in the event of breaking of the protective seal. The products or services in relation to which the right of withdrawal cannot be exercised will in any case be indicated to the Members during the sale phase on the relative product sheet.
9) How to return the product by the customer
In order to benefit from the provisions of art. 6 “Conformity of products and services” and the provisions of art. 7 “Right of withdrawal” the Customer must return the product to BRIONVEGA S.r.l. within ten working days from the delivery date. The return of the product must be made to the following address: BRIONVEGA S.r.l.,Via Udine 59, 33061 Rivignano (UD), Italy. The product must be returned:
correctly packed in its original packaging, in perfect condition for resale (not ruined, damaged or soiled) and equipped with all its possible accessories, instructions for use and documentation; provided with the Invoice in order to allow BRIONVEGA S.r.l. to identify the Customer (Order number, name, surname and address). without clearly showing signs of use other than those compatible with carrying out a test of the mede BRIONVEGA S.r.l., i.e. that it does not bear traces of prolonged use (of more than a few minutes) exceeding the time necessary for a test and that it is not such a state as not to permit its resale. The only costs charged to the customer will be the shipping costs of the product.
11.1. Place of delivery
The products or services will be shipped to the delivery address that the Customer indicated during the Order process. The participation in the costs for the preparation and shipment of the Order are inclusive of VAT. BRIONVEGA S.r.l. delivers parcels throughout Italy, including the islands. The Customer has the right to choose the place of delivery: in his own residence, in the place of work, with a third person, in the place where he spends his holidays… In case of absence at the time of delivery to the address indicated by the Customer, a notice of pass will be deposited in the letterbox. After two passes by the courier, the parcel will be sent back to BRIONVEGA S.r.l. The Customer Service will take care of contacting the Customer for a possible new shipment which will be charged to the customer and, in the absence of a response from the Customer within a reasonable time, will proceed to make the refund subtracting any costs deriving from the non-delivery.
11.2. Delivery deadline
The deadline established for delivery is thirty working days starting from the date of the Order, unless otherwise indicated to the Customer before the final confirmation of the Order. In this case BRIONVEGA S.r.l. will indicate to the Customer a different delivery term.
The delivery time will be shown in “my orders” and also in the “Shipping status” section on the Website.
11.3. Delivery delay
In the event of late delivery, the Customer can contact BRIONVEGA S.r.l. Customer Service by e-mail email@example.com or by tel. 0434 383292. The Customer has the right to cancel the Order if the delivery has not taken place within ten working days following the delivery date indicated by BRIONVEGA S.r.l., unless the delay is due to force majeure. Within ten working days following the request for cancellation of the Order sent by the Customer, BRIONVEGA S.r.l. will ask its bank to refund the Customer.
11.6. Shipment delivered
Each delivery is considered to have been made when the product or service is made available to the Customer by the carrier. Delivery can be made by contacting us via email firstname.lastname@example.org specifying the order number. Without prejudice to the right of withdrawal granted to the Customer pursuant to the previous art. 8, it will be the Customer’s responsibility to check the shipment upon its arrival and make all the reservations and disputes it deems founded as well as refuse the package if it should find that it may have been opened or if the package should show obvious signs of deterioration. These disputes must be indicated on the delivery note and communicated to BRIONVEGA S.r.l. by email email@example.com within the working day (24 hours) following the delivery of the Order. The Customer Service of BRIONVEGA S.r.l. will then open an investigation with the carrier. The Customer will receive an e-mail message informing him that an investigation has been opened. Response times from the carrier to BRIONVEGA S.r.l. are generally 21 working days.
11.7. Information on delivery methods
Lost package When a package is ready for shipment, it is sent via an express courier. The Customer is informed of the shipment of the package and of the shipping methods by means of an e-mail message. The Customer has the possibility to monitor the shipment status of his package on the carrier’s website by requesting the shipment number provided by the carrier via e-mail. From receipt of the e-mail message, allow four to eight working days to receive the delivery or a notice of passage in the letterbox. In any case, if in the eight working days following the shipment of the package, the Customer does not receive any news of his Order, he must get in touch with the Express courier center closest to the place of delivery or with the assigned carrier. The Customer must communicate the reference number of the package communicated to him by e-mail at the time of shipment. If neither the carrier nor the BRIONVEGA S.r.l. website have traces of the parcel, the Customer must contact our customer service without delay. The Customer Service of BRIONVEGA S.r.l. will then open an investigation with the carrier. The Customer will receive an e-mail message informing him that an investigation has been opened. Response times from the carrier to BRIONVEGA S.r.l. are generally 21 working days.
11.8. Delivery by specialized carrier
In the case of shipment by specialized carrier, due to the size of the product purchased, the Customer is informed of the shipment of the package by means of an e-mail message which indicates the products sent and the number which allows monitoring the status of the shipment. Subsequently, it is necessary to calculate from 1 to 3 days before the carrier can contact the customer to arrange an appointment for the delivery. To make delivery easier for mas BRIONVEGA S.r.l., it is required to communicate to the carrier all the information necessary for the delivery (floor, name on the bell, etc.). In case of absence at the time of delivery, a notice of passage will be left inside the mailbox: the carrier will indicate the telephone number and all the necessary data in the document so that the Customer can call him and fix a new appointment for the delivery . In the event that the carrier cannot leave the notice of passage (address cannot be found, letterbox not accessible…), he will himself contact BRIONVEGA S.r.l. to retrieve the missing information that prevented the correct delivery of the package. In the event that the Customer does not contact the carrier within 9 working days, the parcel will be sent back to BRIONVEGA S.r.l. and the Customer will be reimbursed by subtracting any costs deriving from the non-delivery by the carrier. In any case, the Customer has the possibility of recovering the product/s at the carrier’s branch during the term of 3 working days starting from the moment in which the notice of passage is left by the carrier. The Customer is invited to contact the Customer Service for any additional information.
12.1. Legal guarantee
The products sold by BRIONVEGA S.r.l. are manufactured by us and therefore covered by a legal guarantee (Legislative Decree no. 24 of 02/02/2002).
12.3. Disclaimer of Warranties
Products or services modified, repaired or manipulated by the Customer or by any other person not authorized by the supplier of the product or service are excluded from the guarantee. The warranty does not apply to apparent defects. The warranty does not operate with respect to products or services damaged during transport or due to misuse.
13) Intellectual property rights
The content of the BRIONVEGA S.r.l. site (including logos, trademarks, illustrations, photographs, etc…) is protected in accordance with the Italian legislation on copyright, trademarks and other intellectual property rights. The elements presented on this site are subject to modification without notice and are made available without guarantee of any kind, explicit or tacit, and cannot give rise to any rights to compensation for damages. No content originating from the BRIONVEGA S.r.l. website may be copied, reproduced, published, downloaded, re-sent, transmitted or distributed in any way, except in the case of a simple recording of the documents on a single computer for the exclusive personal use of the person who proceeded to copy and for non-commercial purposes. In any case, the mentions of ownership must always be kept intact. The modification of these contents or their use for other purposes constitutes a violation of the property rights of BRIONVEGA S.r.l. In particular, it is prohibited to use such contents on another Internet site or in a computer space on the net. Simple links to the home page of the BRIONVEGA S.r.l. website are authorised. The following are prohibited:
The specific links that allow the Internet user to be referred to an internal page of the BRIONVEGA S.r.l. site without going through the site’s home page; Automatic insertion links (deep linking or inline linking) which allow the Internet user to automatically view the contents coming from the BRIONVEGA S.r.l. site in a specific space; The box-links (framing) that allow a page of the BRIONVEGA S.r.l. site to appear in a box located within the page of the site visited by the Internet user. In any case, links from sites contrary to morality, violent, with pornographic or paedophilic content, which do not respect the dignity of the individual or intended to display or sell prohibited or illegal objects, substances and/or works are prohibited. The existence of a hypertext link from a third party site to the vente-privee.com site does not in any case imply a collaboration between BRIONVEGA S.r.l. and this site. BRIONVEGA S.r.l. does not exercise any control over third party sites and consequently assumes no responsibility regarding the contents, products, services, information, materials, software of sites that include a hypertext link with the BRIONVEGA S.r.l. BRIONVEGA S.r.l. site may contain links to partner sites or third party sites. BRIONVEGA S.r.l. has no control over these sites and consequently assumes no responsibility for the availability of such sites, their content, advertising and the products and/or services available on or from such sites. BRIONVEGA S.r.l. will not be in any way responsible for any direct or indirect damages that could be caused by the Internet user’s access to the partner’s and/or third party’s site and by the use of the contents and services of this site by the Internet user.
14) Modification of the General Conditions of Sale
BRIONVEGA S.r.l. reserves the right to modify these General Conditions of Sale. All new versions of the General Conditions of Sale will be highlighted in advance on the Website.
Members who do not want the contractual relationships relating to new Orders to be governed by the new version of the General Conditions of Sale, must inform BRIONVEGA S.r.l. and, starting from the date on which the new version of the General Conditions of Sale enters into force, shall cease to use the Services of BRIONVEGA S.r.l.
15) Personal Data
15.1. The Customer authorizes BRIONVEGA S.r.l. to process his personal data. The Customer’s consent to the processing of personal data by BRIONVEGA S.r.l. is an essential condition for the execution of the Order.
15.2. BRIONVEGA S.r.l. undertakes to respect the confidentiality of the personal data communicated by the Customer on the Website and to treat them in compliance with the Italian law.
15.3. BRIONVEGA S.r.l. informs that the Customer’s personal data will be used by its internal services, its branches and/or for those of the companies of the group to which BRIONVEGA S.r.l. belongs: to inform the Customer of future sales and events through the sending invitation emails; for the processing of the Customer’s order; to enhance and personalize communication, in particular by sending the newsletter, special offers (competitions, games, etc.) and informative emails as part of the personalization of the Website, according to the preferences noted by the Members. If you wish to deactivate this service, you can contact our customer service
15.4. BRIONVEGA S.r.l. informs the Customer that it may also communicate such personal data to ensure the delivery of orders by its representatives, the execution of certain aspects of the after-sales services and the performance of satisfaction tests. Furthermore BRIONVEGA S.r.l. will be able to communicate such data to respond to a request from the legitimate authorities.
15.5. Furthermore, the Customer can exercise his rights of access to the archive, of opposition and of rectification or suppression with regard to the data concerning him, at any time, by sending his request (indicating his e-mail address, surname , name and postal address): by e-mail to firstname.lastname@example.org
16.1. If any provision of these General Conditions of Sale should be considered void or invalid, these General Conditions of Sale will in any case remain valid and productive of effects in the remaining part.
16.2. The information exchanged through the Website is authentic between the Parties. Elements such as the time of receipt or emission of data or the quality of the data received will prevail primarily according to what appears in the computer system of BRIONVEGA S.r.l., without prejudice to the Customer’s right to offer proof to the contrary. The effectiveness of the proof provided by the computer system of BRIONVEGA S.r.l. is equal to that recognized in an original written and signed document.
17) Applicable Law and Jurisdiction
These General Conditions of Sale are drawn up in Italian, are governed by Italian law and therefore will be interpreted and performed in accordance with it.
The Customer must express his intention to exercise the right of withdrawal through the “Contacts” section on the BRIONVEGA S.r.l. website.
The right of withdrawal is exercised, in case of supply of products, by returning the product to BRIONVEGA S.r.l. at the address indicated within the term of ten working days starting from the date of delivery of the product and, as regards the services, following the specific procedure which will be indicated on the Website, within ten days from the date of conclusion of the contract. The reimbursement to the Customer will be made within thirty days from the receipt by BRIONVEGA S.r.l. of the communication of the Customer’s withdrawal, provided that the product has been returned to BRIONVEGA S.r.l. The costs and risks associated with returning the product remain the responsibility of the Customer.
The return of the products or the withdrawal exercised with reference to the services will give the right to a refund of an amount corresponding to the purchase price of the product or service. The refund will therefore not include any delivery costs.
Returning an Order is considered a negative transaction; the relevant information will be accessible on the Website in the control panel reserved for the customer.
Pursuant to art. 1 c.125 of Law 124/2017, it should be noted that the amount of subsidies, contributions, paid assignments and in any case economic benefits of any kind received from public administrations and entities connected to them, not having a general nature and having no consideration, remuneration or compensation, are published in the National Register of State aid referred to in article 52 of the law of 24 December 2012, n.234, to which reference is made pursuant to article 3 – quater, paragraph 2, of the decree law no. 135 of 2018.