Terms and Conditions of Sale

These terms and conditions of sale shall apply to all orders and purchases of clothing on the website www.storebriandales.com  owned by the company STORE 1.5 SRL (P.I.: 03965470242) (tax code and VAT number 03965470242) , in the person of its legal representative pro tempore,  with registered office in 36061 Bassano del Grappa (VI), Via Colomba, n. 3

STOREBRIANDALES.COM is the only website authorised to sell online "Brian Dales" brand official products.

 

1. Definitions.

1.1. Terms not otherwise defined herein shall have the following meaning:

Customer: any person who places an order of products online through this website;
Consumer:   any natural person who acts for purposes outside his/her trade, industrial or manufacturing, artisanal or professional activity;
Professional/Trader:  any natural and/or legal person who acts in the conduct of his or her business or trade, artisanal or professional activity;
Parties: Store 1.5 Srl and the Customer collectively;
Consumer Code:  Italian Law Decree  n. 206 dated 6th September 2005 as subsequently amended and supplemented;
Product/products: goods offered for sale on the website www.storebriandales.com;
Website: the website www.storebriandales.com;
Users: any person who visits the website www.storebriandales.com;
Distance sale:  sale and purchase agreement between trader and consumer with the use of one or more means of distance communication and without the simultaneous physical presence of the parties .


2.
Object.

2.1. This website gives its Customers the opportunity to purchase exclusively “Brian Dales” brand products.

2.2. Products sold on the Website are intended only for Consumers. 

2.3. The company Store 1.5. Srl reserves the right not to process orders not primarily intended for Consumers. 


3.
Scope of the agreement.

3.1. These Terms and Conditions of Sale shall apply to all sales of “Brian Dales” brand products made through the Website.

3.2. This website has been developed in full compliance with the provisions on distance selling and specifically with articles 49 et seq. of the Consumer Code.


4.
Customer’s requirements.

4.1. In order to validly place an order of goods, the Customer must be at least eighteen (18) years old and have a valid email address and be able to enter into legally binding contracts.

4.2. In order to validly place an order of goods, the Customer must have been registered on the website by filling  in the relevant boxes with all personal data and information required for registration  or for shopping online as “unregistered guest”.


5.
Products.

5.1. Information on each product on sale are available on the website in compliance with relevant laws and  particularly with articles 49 and 51 of the Consumer Code.

5.2.All products offered for sale on the website are original products under the “Brian Dales” brand and have been purchased directly from the manufacturer Mercanti Veneti S.r.l..

5.3. This website gives its customers the opportunity to buy only products already available on stock.

5.4. Products that are not available when the order is placed cannot be ordered on this website.

5.5. Orders including any product that has become unavailabe in the meantime, even for mistake, shall be deemed null and void due to inability of fulfillment.


6.Order.

6.1. After registration on this Website, all provisions of these Terms and Conditions of Sale shall be considered well known to the Customer, who by sending the purchase order unconditionally accepts and agrees to comply with them in full.  

6.2. Customers can order one or more products by selecting the images shown on the Website and following the steps and detailed instructions on the Website..

6.3. Orders for an amount of 3.600,00 Euro or more (IVA/VAT included) shall be confirmed only after submission of Customer’s tax code by e-mail.

6.4. Processing of Order shall be completed after payment by the Customer.

6.5. Sale and purchase agreement shall be deemed entered into between the parties after notice of acceptance of the order by Store 1.5. S.r.l..

6.6. Within and not later than one working day following the date of order and receipt of payment, Store 1.5. S.r.l. shall notify acceptance of the order; however, it reserves the right to notify within 10 following days its inability to process the order due to stock exhaustion or to insufficient solvency guarantees by the Customer.

6.7. In compliance with the Consumer Code, the Customer wil receive, with the notice of acceptance of the order, all information on the purchased product, the total amount paid including fixed charges due to the type of payment selected and shipping cost, the unit price for each product, his/her right of withdrawal, terms and conditions for returning purchased products, geograpical address and contact details of Store 1.5. S.r.I., customer assistance and any existing commercial guarantees.   

7. Product price.

7.1. The price of products offered on this website is in Euro, includes Vat/Iva and refers only to one item.

7.2. If the order comes from countries outside the European Union, the price shall be automatically calculated online with the Iva/Vat deduction;  the relevant invoice shall highlight any Iva/Vat exemption and the applicable currency.

7.3. In accordance with the domestic law and regulations of each Country, shipping to a destination outside the European Union is not subject to IVA/VAT but it is subject to import duties
(DDU - Delivery Duties Unpaid); payment of these import duties (DDU) fall into exclusive competence and responsibility of the Customer.

7.4. The price of each product offered on the Website is net of any import duties.

7.5. At the end of the ordering process, the shipping cost to be paid by the Customer shall be shown together with the purchase price of the products.

 

 

8. Payment terms

8.1. At the end of the order processing, the Customer shall pay the product or products to be purchased by:

Credit card: in case of first order of products and selection of payment by credit card, customer’s bank data verification shall be required. Such verification may result in a delay in the shipping of the first order. When shopping on this website, Customer’s financial information (i.e. credit card number, expiry date and personal data) will be transmitted directly to the Bank responsible for the payment transaction via encrypted protocol. Neither the company Store 1.5 srl, nor other parties will ever access such information in any way.

Paypal: PayPaI is easy to use. There is no need to enter financial information at every purchase or to share personal data. In order to send a payment by Paypal simply open an account, confirm your e-mail address and link a payment method to your PayPal account.  

Bank transfer: the company Store 1.5 srl accepts also a Wire Transfer as an alternative method of payment. Bank details to correctly complete the transaction will be available upon payment.
Your order will be shipped when the wire transfer is credited to our bank account and products are available on stock. In the ‘reason of payment’ of the bank transfer it is important to specify the number of order that you will find in the order confirmation e-mail. We remind customers using this method of payment that, if the wire transfer has not been credited to our bank account after 6 (six) business days for Italy and 15 (fifteen) business days for foreign countries from the date of entry of the order, Store 1.5. S.r.l. reserves the right to cancel the order.  

Cash-on-delivery payment: the company Store 1.5 S.r.l. on its website STOREBRIANDALES.COM  accepts also “CASH-ON-DELIVERY” payment with a fixed extra charge of 5,90 € and only for orders  of an amount not exceeding 999,00 Euro. If the shipment of an order with cash-on-delivery payment does not succeed due to causes ascribable to the customer, the company Store 1.5 S.r.l. reserves the right not to process any furhter order with the same method of payment. We would also remind our customers to wait for the courier with the exact amount of cash money: courier has no change, therefore shipment cannot be completed unless the exact cash amount has been paid. Cash-on-delivery payment is available only for shipments in Italy. 

9. Shipping and delivery.

9.1. Shipping cost shall be borne by the Customer and the relevant amount shall be shown on the form included in the page relating to payment and completion of order.

9.2. Orders shall be shipped on the first working day following the date on which the order has been placed, subject to confirmation of availability of goods and verification of Customer’s bank information; the bankers of the company Store 1.5. S.r.I. shall contact the Customer’s bank in order to verify the veracity and accuracy of data submitted. Once the order has been accepted, the company Store 1.5. S.r.l. reserves in any event the right to notify, within the following 10 days, that the order cannot be processed due to exhaustion of products or to insufficient solvency guarantees by the Customer.

9.3. Shipments are preferably carried out by DHL express delivery service. Shipping time depends on the place of destination of goods. Generally. all shipments in Italy are delivered within 24/48 hours from the date of shipment (excluding public holidays). Delivery time in Europe is within 48 and 72 hours from date of shipment (excluding public holidays). As regards shipping outside Europe, delivery time is within 2 and 6

9.4. In the event that a product ordered is not or no longer available, the company Store 1.5 S.r.l. shall immediately notify the Customer by email on the Website that shipping of the ordered goods cannot be carried out. Customers may then choose to have the total amount paid credited to their bank account or to their credit card as soon as possible: optionally Customers may receive a pre-paid voucher to use on their next order. By accessing their Personal Area, Customers can monitor the status of their order.  

9.5. Upon shipment of the order, the company Store 1.5 S.r.l. shall send its Customers an e-mail on the website STOREBRIANDALES.COM with the shipment number provided by DHL (or other courier). Customers can monitor the status of their order directly on the website
www.dhl.it, or calling the Customer Service (199.199.345).

9.6. Shipments from Store 1.5 S.r.l. that are carried out through the website STOREBRIANDALES.COM are insured against theft and accidental damage. Once the shipment reaches its destination the insurance policy is terminated.  

9.7. Upon delivery of goods, Customers are recommended to carefully inspect the integrity of the package before signing as a proof of the shipment delivery. Products of the company
Store 1.5 S.r.l. are carefully packaged in white packages with adhesive tape around the the package. If for any reason, the package has been tampered with or the tape is not intact, Customers must sign the delivery note  “subject to checking”, or reject the delivery. If the package has been signed for with an unauthorized signature or there is evidence that the package has been tampered with,  Customers shall immediately contact the company Store 1.5 S.r.l. and notify such event  within 5 days on the website STOREBRIANDALES.COM at the address ordini@storebriandales.com .

9.8. In case of non-delivery of the shipment at the addresses specified by the Customer, after the second attempted delivery, DHL or other chosen Courier shall automatically send to Store 1.5 S.r.l. the
‘Dossier di Apertura della Pratica di Giacenza’ (‘Undelivered Goods Report’), with the reason for the non-delivery and the request of instructions for the release of goods. Customers will be able to view the “Undelivered Goods Report” and track his/her order directly on the courier website. If no instructions are received from the Customer and in case of persisting impossibility of delivery of goods, after 3 business days, the courier will return the goods to the the company Store 1.5 S.r.l. .

9.9. Further information about the shipping policy are available from the link
http://www.storebriandales.com/spedizioni.

 

10. Returns and refunds.

10.1. The Customer may exercise the right of withdrawal from the Contract within and not later than 14 days from the date of delivery of goods as provided for by Article 52 of the Consumer Code.  

10.2. To make their online shopping experience even more enjoyable, the company Store 1.5. S.r.I. allows its Customers to withdraw from the contract within and not later than 30 days from the delivery.

10.3. Customers may return the purchased product provided that it is perfectly intact; it must not be used, washed and/or damaged, with no sign of dirt, wear, tear and/or alteration, with identification tags still attached to the Product, intact and not tampered with, included the safety blue cord.

10.4. In order to exercise the right of withdrawal and return the purchased products Customers shall fill the return form available on the Website, as provided for in the foregoing Article sub 10.2); the company Store 1.5. S.r.I. shall then notify the Customer on the website, within and not later than 3 days from receipt of the notice of withdrawal, of the activation of the return process of goods; together with such notice it shall send the return number and the return label that must be printed and attached outside the package received from
STOREBRIANDALES.COM (or a packaging with equivalent resistance and size), inside which the products to be returned shall be placed.

10.5. The return service provides for reimbursment in the event of theft or loss during return shipment only when the Customers use the label sent to him/her by the company Store 1.5. S.r.I.

10.6. In order to schedule collection of parcel at his/her domicile, the Customer must contact the Courier (DHL) by telephone or on-line at the contacts specified on the Website within and not later than 14 days from the date of notice of the activation of the procedure of return of goods by Store 1.5. S.r.I.. 

10.7. Fixed charge for return service with collection of goods at your domicile by DHL courier is
09,00 Euro if they are coming from Italy and 14,00 Euro from other European countries; in any case, Customer is free to use another express delivery service; should the Customer choose another courier for the return of goods to the company Store 1.5. S.r.I., all related cost shall be borne by the Customer who shall be resposible also for the risk of loss and/or theft of the same goods. If the Customer selects a different courier goods must return to the company Store 1.5. SrI within and not later than 14 days from receipt of the notice of activation of the return procedure.

10.8. If goods are to be returned from a non-EU country, the Customer  shall appoint a courier to return goods at its own expense within and not later than 14 days from receipt of the notice of activation of the return  procedure;  the Customer shall also bear all risks of loss and/or theft of said goods and of their return.  

10.9. The company Store 1.5 S.r.I. reserves the right of requesting photographic material, if it is necessary for the evaluation of the return procedure.

10.10. Upon receipt of the return goods, within and not later than three business days from date of receipt, after having examined the fulfilment of the conditions set out in the foregoing  Article sub 10.3), the company Store 1.5. S.r.I.  shall notify the Customer of the positive outcome of the return procedure; from this date another 14 days term as per Art. 56 of the Consumer Code will commence; within such time the Customer shall be reimbursed by the same method of payment used by the consumer for the initial transaction.  

10.11. If the customer uses the return service with collection of goods at domicile offered by the company Store 1.5. SrI, when refunding the price paid by the Customer, the Store 1.5. S.r.l. shall detract the cost of the DHL courier as compensation in compliance with the foregoing Article sub) 10.7; otherwise, the cost and liability for the return of goods shall be borne by the Customer who shall fully refund also the original purchase price. 

10.12. The Customer can track his/her return process on the personal area of the Website.

10.13. The company Store 1.5. S.r.I. does not accept returns from other countries than those from where the initial order has been placed.  

  

11. Vouchers and discounts.

11.1. The Customer who has a personal discount code can use it at the payment by entering it in the relevant box “ENTER VOUCHER” (“APPLICA COUPON”). The Customer who uses said voucher shall be entitled to a discount on purchases equal to the voucher value or to a discount percentage on his/her purchases. 

11.2. Other promotions or discount codes shall be sent or notified on the Website.

12. Non-compliant and/or damaged goods.

12.1. If the Customer receives non-compliant products, i.e. products that have not been ordered or are damaged or are different even for colour to the ones ordered, he/she can activate free of charge the return procedure in compliance with the terms and conditions provided for by the foregoing Article sub 10) .

12.2. Under no circumstances products which have been altered, changed or repaired by the Customer shall be refunded.  

 

13. Replacement of goods.

13.1. Customers can exercise their right to replace the purchased products within and not later than 30 days from the date of delivery.

13.2. If the price of the replaced products is lower than the price of the products to be purchased in replacement , the compensatory payment shall be made at the time of processing the request.

13.3. If the price of the replaced products is higher than the price of the products to be purchased in replacement , the overpaid price shall be refunded as provided for by the foregoing  Article sub 10.10.

13.4. In the event that the Customer wishes to replace goods delivered by the company Store 1.5., shipping cost for the return of goods to be replaced shall not be charged; in this case, the company
Store 1.5. S.r.l. shall take care of the collection (by the DHL courier) of goods to be replaced at the Customer’s address at its own expenses.

13.5. In so far as they are applicable, the foregoing articles sub 10.3, 10.4, 10.5, 10.6, and 10.9 are here referred to.  

 

14. Warranty.

14.1. Unless otherwise provided in these Terms and Conditions of Sale, the guarantees required by law and particularly the legal guarantees under articles 129, 130 and 132 of the Consumer Code shall also apply.   

15. Force majeure.

15.1. The fullfilment of services and contractual  obligations on the part of the company Store 1.5. S.r.l. may be suspended in case of the sudden occurrence of accidental circumstances or force majeure. Cases of force majeure include, but not limited to, war, riots, insurrections, strikes, Acts of God,  supply problems due to third parties.

15.2. The company 1.5. S.r.l. shall inform the Customer within and not later of 7 days from the occurence of the accdental circumstance or force majeure.  

15.3. In the event that the suspension of the execution of the contract is longer than 15 days, the Customer shall be entitled to cancel the order and therefore to receive refund of any amount already paid.  

16. Claims, Information and Communications.

16.1. For any information, claim or communication relating to these Terms and Conditions of Sale and to the execution of this contract, Customers shall contact the company Store 1.5. at the address
info@storebandales.com. Requests received by the company Store 1.5. S.r.I. after 06.00 p.m. shall be considered as received and shall be processed starting from 09.00 a.m. of the following day. Requests received by the company Store 1.5. S.r.I. after 06.00 p.m. of Friday shall be considered as received and shall be processed starting from 09.00 a.m. of the following Monday. Requests received by the company Store 1.5. S.r.I  on public holidays, shall be considered as received and shall be processed starting from 09.00 a.m. of the first working day provided that it is not falling on Saturday or Sunday.

17. Online items and images.

17.1 The company Store 1.5 S.r.l. declines any and all responsibility in the event that, due to the configuration or malfunctioning of Customer’s computer,  the colours of products shown on the webside may appear slightly different from the original ones .

17.2. Images shown on the website are property of Store 1.5 S.r.l. Any use of such images that has not been authorized by written consent of Store 1.5 S.r.l. shall be prosecuted pursuant to the law. For further information do not hesitate to contact: Info@storebr!andales.com.

 
18.  Legal terms

18.1. These legal terms and conditions govern the use of the website STOREBRIANDALES.COM. By accessing this Website Users agree to accept and comply with all terms and conditions included therein. The company Store 1.5 S.r.l. reserves the right through this website to ask Users who do not accept or agree to comply with these terms, to refrain from using this website STOREBRIANDALES.COM. Access to the Website and to its services is only for personal use. The visualization of this website
STOREBRIANDALES.COM provides Customers with information on offered products and with the chance of shopping online.

19. Property/Copyright & Trademark.

19.1. The Website STOREBRIANDALES.COM and all its content is property of Store 1.5 S.r.l.. This includes documentation, images, fonts, design, music, codes and format scripts. All materials included in this website are protected by copyright. Therefore, any reproduction, alteration, transmission, publication or redistribution to third parties for commercial and marketing purposes is strictly forbidden unless authorized by express written consent by Store S.r.l.. The company Store 1.5 S.r.l. prohibits the use of the content or trademarks on the Website for any other purpose than those mentioned above. 

20. Disclaimer

20.1. The company Store 1.5. S.r.I. publishes information on its Website to provide a service to its Customers. However, it shall have no liability for any technical or factual inaccuracy and/or typographical errors that after being reported are immediately corrected; Store 1.5 S.r.l. reserves also the right to make changes and modifications to the Website whenever it is deemed necessary even without advance notice;  it does not make any warranty as to the compliance of the information published on its website with the law of the Customer’s country of residence; it declines any and all responsibility for any problem, damage or risk that the user may face when using the Website;  it guarantees that its Website is protected in compliance with the international standards required for Internet;  if the website is used properly, the User is protected against the risk of viruses; the company Store 1.5.S.r.l. shall have no liability for any malfunction due to the deactivation of cookies on the user’s browser; it reserves the right to review/amend these terms and conditions with an update whenever it deems it appropriate, without any notice. The user shall comply with these terms and conditions and periodically check any updates, changes and amendments.

20.2. Store 1.5 Srl does not warrant in any way that the content of this Website complies with the laws and regualtions in force in countries other than Italy. Access to the Website from countries where this site content is illegal is hereby expressly forbidden. Users who choose to access this Website from such Countries are aware of the legal consequences and fines they might incur and shall be responsible for the compliance with their local laws.


21.  Governing Law

21.1. These Terms and Conditions of Sale are subject to the Italian Law.

21.2. In the event of any dispute concerning the interpretation, validity and execution of these Terms and Conditions of Sale, Customers may enforce their rights through a consumer association or initiate an out-of-court settlement of consumer disputes in compliance with articles 140 and 141 of the Consumer Code.

21.3. However, in case of disputes arising from the interpretation, validity and execution of these Terms and Conditions of Sale, this provsion shall not affect the Customer’s right to apply to the judicial authorities;  in this case the Court Judge of the place where the customer Consumer has his/her residence or domicile shall be the mandatory territorial jurisdiction.

22. Privacy.

22.1. For information on the processing of personal data, Customers can access the link http ://www.storebriandales.com/privacy .

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