Terms and Conditions of sale

• 1. Customers
• 2. Acceptance of an Order – Contract of Sale
• 3. Payments
• 4. Shipping and delivery
• 5. Pick-up in store
• 6. Prices
• 7. Vouchers and discount codes
• 8. Defective and non-conforming Products – Guarantee
• 9. Exchange and return of Products
• 10. Applicable law and disputes
• 11. Communications or complaints
• 12. Miscellaneous

The Terms and Conditions of Sale for the purchase of products bearing the trademark Brunello Cucinelli ("Products") by SARL Brunello Cucinelli France, 54/60, Rue du Faubourg Saint Honoré, 75008 Paris – France, VAT number FR 78521440206 ("Brunello Cucinelli" or, alternatively, the "Seller"), are included in this contract of sale ("Contract").

These General Terms and Conditions of Sale apply to the sale of Products whose delivery is to be made within States being part of the European Economic Area, the United Kingdom and Switzerland.

Before paying for the Products, the Seller undertakes to make these Terms and Conditions of Sale available to Customers (as defined below). These Terms and Conditions of Sale shall be deemed as accepted by the Customer once payment has been made by the Customer.

1. Customers

The completion of an order for purchase of Products ("Orders") is allowed only to natural persons, eligible to execute and perform binding agreements according to the applicable law or under parental (or guardian) consent, when needed, acting for purposes other than those related to trade, business or profession ("Customers").
If required, Customers must provide all their personal information, including but not limited to their own first name, surname, birth date, email address, billing and delivery address. All such information must be true, accurate and up to date.
Customers may not place Orders by means of distance communication under someone else’s identity (e.g. using other name or login credentials) unless strictly authorized to do so by the identity holder.
Purchase of Products for resale is strictly prohibited.

2. Acceptance of an Order – Contract of sale

Following the electronic submission of an Order by means of distance communication, (e.g. by telephone, email or other messaging means) the Customer will receive a specific communication by email or by any other mean chosen by the Customer confirming the acceptance of the Order ("Order Confirmation").
The relevant Contract shall be deemed to have been executed upon Customer's acceptance by payment.
Before such payment, the Seller reserves the right to refuse an Order.
In the case of partial unavailability of the Order, the Seller will contact the Customer in order to verify the latter's willingness to (a) receive a partial Order, (b) receive the complete Order in several shipments, or (c) to cancel the Order.
In the case of total unavailability of the Order, however, the Seller will contact the Customer in order to inform the Customer that the Order will not be processed, and will cancel the relevant Order.
n such case, no charge will be imposed to the Customer.

3. Payments

Payment can be made using the payment methods indicated on the purchase page ("Payment Methods"), which can be accessed by the Customer through a link received by e-mail or by any other means of communication chosen by the Customer. The Seller will proceed to charge the price of the purchase, as defined below ("Price"), once the Customer has completed the procedure described above.
The Seller uses a primary gateway for the authorization of payments for Orders ("Payment gateway"); as a result, the Seller will not directly manage any financial information relating to the Payment Method used by the Customer, nor any financial information provided for the completion of the Order.
The Payment Gateway protects the details of the credit or debit card used, encrypting sensitive information in order to ensure that they are transmitted securely.
In the unlikely event of error, negligence or any wrongdoing in relation to the management of the transaction linked to an Order by the Payment Gateway and/or the intermediary systems for payment, the Seller will not be responsible for such error, negligence or wrongdoing.
The Seller reserves the right to cancel a transaction and the relevant Order if fraudulent use of the Payment method adopted for the Order is reported. Moreover, the Seller will not be liable in the event of any unlawful use of a Payment Method by third parties which is not attributable to any error or negligence by the Seller.

4. Shipping and deliveries

The Seller undertakes to deliver the purchased Products to the Customer in compliance with the delivery terms agreed with the Customer.
A copy of the invoice or tax receipt will be sent to the Customer when the Products are shipped.
In certain circumstances, such as, for example, during sales periods or business closure periods, delivery times may vary. The Seller shall not be held liable for delays in delivery that are not due to Seller's fault or negligence. To this extent, the Seller shall be exempt from liability for delays due to force majeure, strikes, natural disasters, occurrences related to customs procedures, and any other occurrence relating to the provision of delivery services or any other circumstances beyond its control.

Customers are invited to do everything in their power to facilitate the delivery of the Order, making themselves available for reception or delegating it to third parties.
At the time of delivery, the Customer must verify the accuracy of the number of the parcels and the integrity of the outer packaging. In the event that the Customer finds anomalies in the delivery, for example with reference to the number of parcels or damage to the outer packaging, the Customer must conditionally sign the delivery document and contact the Seller. If the Customer fails to do so, the Customer may not subsequently raise any objection in relation to the delivery, without prejudice to the provisions of the following art. 7 regarding hidden faults and in compliance with any applicable consumer protection law.
The Customer may contact the Seller through the Client Assistant or through the Customer Care at the following email address: customer.care@brunellocucinelli.it.

5. Pick-up in store

The Customer may opt, at no additional cost, to collect the Products at the Seller's mono-brand boutique which has performed the sale ("Boutique").
In this case, once the Order has been processed, the Seller will contact the Customer to inform him/her of the date from which the Products will be available for collection from the Boutique. From that date, the Order will be available for collection in the Boutique for a maximum period of 15 (fifteen) days.
In the event of failure to collect the Products within the period indicated above, the Boutique staff will contact the Customer to arrange another delivery of the Products. In the event that the Customer does not provide any directions to the Seller within the peremptory term of 5 (five) working days, the Order will be considered as cancelled.
The Customer is invited to collect the Order from the Boutique personally or by delegating another person for this purpose.
The person delegated by the Customer to collect the Products in the Boutique must present the following:

• 1. A copy of the Customer’s identity document;
• 2. Original version of an identity document belonging to that person which is valid and recognized in the territory where the Boutique is located.

6. Prices

All prices of the Products, if shipped within the European Economic Area, to the United Kingdom and to Switzerland, are inclusive of VAT ("Prices"). In case of possible application of custom duties, the Seller shall inform the Customer in advance. The total amount of the shipping costs of the Orders including VAT ("Delivery Costs"), as well as any charge of such costs to the Customer will be specified in the Order Confirmation sent to the Customer.

7. Defective and non-conforming Products – Guarantee

Without prejudice to the provisions set out in article 4 above, the Seller assumes responsibility for any material or manufacturing defect of the Products.
The Seller guarantees the Customer that the Products sold are not defective and that they comply with the provisions of this Contract, that is, in particular, that the Products:

• • Comply with the description provided in the Order Confirmation and possess the qualities of the Products the Customer has been able to identify as sample or model before sending the Order;
• • Are appropriate for the purpose that goods of the same kind are normally used for;
• • Possess the usual qualities and characteristics of goods of the same kind, which the Customer can reasonably expect, taking into account the nature of the good.

Marginal differences between the description of the Product in the Order Confirmation and the actual characteristics of the Product will not be considered as a cause for non- conformity of the Product for the purposes of this Contract.
The guarantee of conformity of Products sold by means of distance communication lasts for a period of 2 (two) years from the date of receipt of the Products by the Customer.
In the event a non-compliant Product is delivered, the Customer may request the reinstatement, without charge, of the conformity of the Products by repairs or replacement. If this is not possible, the Customer shall be entitled to a corresponding reduction in the Price of the purchase or refund of the Price and (where incurred) the Delivery Costs.
The Customer shall notify the Seller of any lack of conformity of the Products within a period of 2 (two) months from the date on which such failure of conformity is discovered by filling the form available on the website, under the section Contact Us.
After receiving the notification from the Customer, the Seller shall contact the Customer to arrange the collection of the Products directly with the Customer.
The mere receipt of the Products by the Seller after the initiation of the current procedure does not in any way imply the acknowledgement of a lack of conformity of the Products, since a careful verification by the Seller is necessary for this purpose.
Any direct judicial action alleging the existence of hidden defects must be undertaken, in any case, within twenty-six months from the delivery of the Product.

8. Exchange and return of Products

Within 30 (thirty) days from the date of delivery of the Order, the Customer has the right to:

• • Request the replacement of a Product with a unit of the same Product of a different color or size; or
• • exercise the right of withdrawal from the Contract, with no penalty and without having to provide any reason ("Withdrawal").

Should the Customer decide to request the replacement of the Products or to exercise the above mentioned Withdrawal, the Customer must notify the Seller in advance by contacting the Seller by phone or sending an e-mail to: customer.care@brunellocucinelli.it.
Should the Customer choose to contact the Customer Care, the Customer shall specify the unique identifying number of the Order, included in the copy of the invoice/tax receipt as well as the Boutique where the purchase was made.
Products’ return is available only in relation to Orders that have already been delivered to the Customer according to the tracking system provided by the courier.
After receipt of the form, the Seller will confirm to the Customer, by e-mail or by other means chosen by the Customer, the return merchandise authorization ("R.M.A."), providing the documents for the return shipment of the Products.
The R.M.A. could nevertheless be denied in the event that the Seller verifies that the conditions for Withdrawal or replacement are not met; for example, because more than 30 (thirty) days have elapsed from the date of delivery of the Products to the Customer.
The Customer must deliver the Products to the courier for the return shipment to the Seller within 14 (fourteen) days from the date of receipt of the R.M.A.

In particular:

• • The returned Products should be sent back with every labels, safety tags, packaging and accessories (cases, hangers, garment covers, etc.) that came with the Order;
• • The Products, labels, safety tags, packaging and accessories should not show any sign of usage, or scratches, or have been altered in any way (worn, washed, stretched, etc.) and should be sent back in the same condition in which they were sent out by the Seller and in their original "Brunello Cucinelli" internal packaging.

However, the purchase Price and Delivery Costs will not be reimbursed in relation to:

• • Products that have had their security tags removed or cut off; and/or
• • Products that have been used, are incomplete (in particular where there are missing parts or accessories), ruined, damaged, in a state of deterioration or dirty. Signs of use present on the soles of shoes that have been returned will prejudice the reimbursement or replacement of the Product.

The Customer will be considered liable for any diminished value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products.
Once it has been verified that the requirements for the replacement of the Product or for the exercise of the Withdrawal have been met, the Seller will notify the Customer its acceptance of the return and will proceed to replace the Product or, in the case of Withdrawal, to refund the purchase Price and the Delivery Costs incurred by the Customer ("Reimbursement").
Provided that the Customer has followed this procedure correctly, the Seller shall bear the full cost of shipping the Returns.

The Seller undertakes to carry out the Reimbursement procedure described above within 14 (fourteen) days from the date of receipt of the returned Products. Reimbursement will be made through the same Payment Method used by the Customer for the Order.

Provided that the conditions of Return described above have been met, the Customer will be able to return personally, or delegate such another person for this purpose, the Products purchased in Boutique, as defined in art. 5.

To return the Products at the designated Boutique, the Customer must be provided with:

• 1. A copy of the invoice or tax receipt ;
• 2. A copy of the R.M.A. provided by the Seller;
• 3. The original of a personal identity document that is valid and recognized on the territory where the Boutique is located.

In the event that the Customer has returned the Products without complying with the conditions set out for the Withdrawal, the Seller will not be able to recognize any right of withdrawal. In such case, the Seller will return the Product to the Customer, having previously confirmed his or her availability in this regard, reserving the right to charge the Customer for any subsequent delivery costs.
After multiple withdrawals and returns by a Customer, the Seller may reserve the right to decide whether or not to accept an Order from the same Customer.
If authorized by the Seller or by the Customer Care, the Customer may return the Products at boutiques directly managed by Brunello Cucinelli Group other than the one of the Seller who performed the sale.

9. Processing of personal data

The personal data provided by the Customer will be processed by Brunello Cucinelli exclusively for the execution of the Order and for the provision of services related to the same in accordance with the law in force on the protection of personal data. For this purpose please refer to the Information on the processing of personal data pursuant to art. 13 of EU Regulation 679/2016 of Brunello Cucinelli.

10. Applicable law and disputes

These Terms and Conditions of Sale and the Contracts formed under the same rules are governed by Italian law.

11. Communications and complaints

For any communication, information or complaint relating to an Order and to these Terms and Conditions of Sale, the Customer may contact the Seller or the Customer Care via email to: customer.care@brunellocucinelli.it.

12. Miscellaneous

No waiver by the Seller to exercise remedies for a breach of this Contract implies a waiver with respect to previous or subsequent breaches of any provision included in this Contract.
Should a provision of this Contract be held to be illegal, null or void for any reason, such provision will be considered severable from the other provisions of this Contract and will not affect in any way the validity and effectiveness of the remaining provisions of the Contract.
These Terms and Conditions of Sale are subject to copyright; any unauthorized reproduction, even partial, is strictly forbidden.