Legal Area
Our commitment to protect dignity and human privacy
Information regarding the personal data processing policy pursuant to Article 13 of Legislative Decree No. 196/2003, in addition to EU Regulation 679/2016
Brunello Cucinelli S.p.A., in our capacity as Data Controller
(hereinafter referred to as:
"Brunello Cucinelli" or
"Data Controller")
according to Legislative Decree no. 196/2003 ("Code"), as well as EU Regulation 679/2016
(hereinafter
referred to as "Regulation") - considers the privacy and protection of personal data to be one of
our
company's main objectives. Consequently, we invite you to carefully read this Privacy Policy before
communicating
any personal data to the Data Controller, because it contains important information regarding the
protection
of your personal data.
This Privacy Policy:
- • is provided in relation to the websites https://shop.brunellocucinelli.com and https://shop.brunellocucinelli.cn (hereinafter referred to as the "Website");
- • is an integral part of the Website and the services we offer;
- • is provided to those who interact with the web services of the Website, either through simple consultation or through the use of specific services made available through the Website (for example, purchasing products, filling out online forms to request information or subscribing to the Newsletter service) pursuant to art. 13 of the Code, as well as article 13 of the Regulation.
The processing of your personal
data shall follow the principles of correctness, lawfulness, transparency, purpose and retention
limitation,
minimisation, accuracy, integrity and confidentiality, as well as the principle of accountability
pursuant
to art. 5 of the Regulation. Therefore, your personal data will be processed in accordance with the
legislative provisions stipulated in the Regulation and the confidentiality obligations prescribed therein.
Personal data processing means any operation or set of operations which is
carried out on personal data or on
sets of personal data, whether or not by automated means, such as
collection, recording, organisation, structuring,
storage, adaptation or alteration, retrieval, consultation,
use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination,
restriction, erasure or destruction.
INDEX
Below is the index of this Privacy Policy so that you can easily find the information pertinent to the processing of your personal data that concerns you.
- 1. DATA CONTROLLER AND DATA PROTECTION OFFICER
- 2. PERSONAL DATA SUBJECT TO PROCESSING
- a. Web browsing data
- b. Data provided voluntarily by the user
- c. Third party data voluntarily provided by the user
- d. Special categories of data
- e. Cookie
- 3. PURPOSE OF DATA PROCESSING
- 4. LEGAL BASIS AND MANDATORY OR OPTIONAL NATURE OF PROCESSING
- 5. PERSONAL DATA RECIPIENTS
- 6. TRANSFERS OF PERSONAL DATA
- 7. RETENTION OF PERSONAL DATA
- 8. DATA SUBJECT'S RIGHTS
- 9. MODIFICATIONS
- 10. CONTACT US
1. DATA CONTROLLER AND DATA PROTECTION OFFICER
The Data Controller is Brunello Cucinelli S.p.A. with registered office in Corciano (PG, Italy), hamlet of Solomeo, Viale Parco dell'Industria no. 5, tax code and registration number of the Perugia Register of Companies 0188612054. The Data Protection Officer of Brunello Cucinelli S.p.A. can be contacted at the headquarters of the Data Controller at the address indicated above and by email at: dpo@brunellocucinelli.it
2. PERSONAL DATA SUBJECT TO PROCESSING
We inform you that the
personal data being processed may consist of a form of identification, such as a name, an
identification
number, location data, an online identifier or one or more characteristic elements of your physical,
physiological, psychological, economic, cultural or social identity that is suitable to render the data
subject
identified or identifiable, depending on the type of services requested (hereinafter only referred to as
"personal
data").
The following personal data is processed through the Website:
- a. Web browsing data
- b. Data voluntarily provided by the user
- c. Third party data voluntarily provided by the user
- d. Cookies and other tracking technologies
During their normal course of operation, the computer
systems and software procedures used to operate this
Website acquire certain personal data, the transmission
of which is implicit in the use of internet communication
protocols. This information is not collected
with the intent of associating it with identified users
but, by its nature, it could lead to the identification
of users through processing and association with
data held by third parties. This category of data includes
IP addresses or domain names of computers
used by users who connect to the Website, the URI (Uniform
Resource Identifier) addresses of requested
resources, the time of the request, the method used to submit
the request to the server, the size of
the file received in reply, the numerical code indicating the
status of the reply given by the server
(successful, error, etc.) and other parameters regarding the
user's operating system and computer environment.
This data is used for the sole purpose of obtaining
anonymous statistical information on the use of the
Website to check its correct functioning, to identify
anomalies and/or misuses; in any event, they are
deleted immediately after processing. The data could
be used to ascertain responsibility in the event
of hypothetical computer crimes to the detriment of
the Website or third parties.
Except for specific information contained therein, this Privacy
Policy is also intended for the processing
of data voluntarily inserted by you when filling out the
various forms contained on the Website. With
reference to the latter, we invite you not to include information
that may fall within the group of special
categories of personal data pursuant to art. 9 of the Regulation
([...] personal data revealing racial
or ethnic origin, political opinions, religious or philosophical
beliefs, or trade union membership,
genetic data, biometric data intended to uniquely identify a natural
person, data relative to a person's
health, sex life or sexual orientation).
When
using the services offered by the Website, the personal data you communicate to Brunello Cucinelli
may
be processed by third parties (such as in the case of purchasing products to be sent to third
parties).
With respect to these hypotheses, you become the autonomous data controller, assuming all legal
obligations
and responsibilities. To this effect, you fully indemnify us against any objection, claim, request
for
compensation for damages from processing, etc. that the Data Controller receives from third parties
whose
personal data has been processed, through your use of the Website's services, in violation of the
applicable
rules on the protection of personal data. In any event, if you provide or otherwise process
personal
data of third parties when using the Website, as of now, you guarantee that this particular
hypothesis
of data processing is based, where necessary, on the prior acquisition - by yourself - of the
consent
of the third party to process information concerning him/her and you assume all related liability.
Information
on cookies used by the Website is available
here.
3. PURPOSE OF DATA PROCESSING
Your personal data will be processed, with your consent where necessary, for the following purposes, where applicable:
- 3.1. to allow navigation of the Website and the delivery of services made available by the Data Controller, including the management of the Website's security, as well as the contractual and administrative/accounting relationships;
- 3.2. to inspect specific requests addressed to the Data Controller, including any requests for Customer Assistance sent by completing the "Contact Us" form;
- 3.3. to fulfil any obligations stipulated by applicable laws, regulations or European legislation, or to satisfy requests from authorities;
- 3.4. to conduct direct marketing via email for products which are similar to those you have already purchased, pursuant to art. 130, paragraph 4 of the Code, unless you have expressly refused to receive such communications, which you may express during registration on the Website or on subsequent occasions;
- 3.5. to send you promotional and marketing communications, which includes sending you newsletters and market research, through automated tools (SMS, MMS, email, push notifications, fax) and other means (paper mail, telephone with operator); please note that the Data Controller collects a single affirmation of consent for the marketing purposes described here, in accordance with the Provision issued by the Italian Data Protection Authority "Guidelines on promotional activities and obstructing spam" of 4 July 2013; if, in any event, you wish to object to the processing of your data for marketing purposes carried out with the means specified here, you may contact the Data Controller at any time, at the addresses indicated in the "Contact" section of this Privacy Policy, without prejudice to the lawfulness of the processing based on the consent given before the revocation;
- 3.6. to analyse your preferences, habits and choices as a consumer, in order to send you personalised commercial communications and proposals as well as to carry out general analyses for strategic orientation and commercial intelligence purposes;
- 3.7. to communicate your personal data to other companies belonging to the Brunello Cucinelli Group for the purposes of sending you their promotional and marketing communications, including newsletters and market research, using both automated tools (SMS, MMS, email, push notifications, fax) and other means (paper mail, telephone);
- 3.8. for statistical purposes, without it being possible to trace your identity.
Specific security measures have been implemented in order to prevent data loss, illicit or incorrect use of data and unauthorised access.
4. LEGAL BASIS AND MANDATORY OR OPTIONAL NATURE OF PROCESSING
The legal basis for processing personal
data for the purposes set out in section 3.1 and 3.2 is art. 6 ( 1 )(b) of
the Regulation ([...] processing
is necessary for the performance of a contract to which the data subject is
a party or for the execution
of pre-contractual measures taken at the request of the same), inasmuch as processing
is necessary for
the provision of services. The provision of personal data for these purposes is optional, but
failure
to provide it would make it impossible to activate the services requested.
The purpose referred
to in section 3.3 represents a legitimate processing of personal data pursuant to art.
6 ( 1 )(c) of
the Regulation ([...] processing is necessary for compliance with a legal obligation to which the
Data
Controller is subject). In fact, once the personal data has been conferred, the processing must comply with
the legal obligations to which the Data Controller is subject.
Data processing carried out
for the purposes of marketing, profiling and communication to Third party companies
of the Group described
in section 3.5, 3.6 and 3.7 are based on the issuance of your consent pursuant to art.
6 ( 1 )(a) ([...]
the data subject has consented to the processing of his/her personal data for one or more specific
purposes)
and to art. 22 ( 2 )(c) of the Regulation. Therefore, the provision of your personal data for these
purposes is entirely optional and does not affect the use of the services. If you wish to object to the
processing
of your data for marketing, profiling or communication purposes, you may contact the Data Controller, at
any
time, using the contact details provided in the "Contact Us" section of this Privacy Policy or,
where available,
via the "privacy settings" found within your personal area. With reference to the purpose
referred to in point
3.4, please note that if the Data Controller uses the electronic mail details provided
by the data subject for
the purposes of direct sales of its products or services, in the context of
the sale of a product, it may, according
to art. 130, paragraph 4 of the Code, refrain from requesting
the consent of the data subject, provided that
the products are similar to those bought by the data
subject, who is properly informed and does not refuse such
use, initially or on the occasion of subsequent
communications. It should also be noted that the processing referred
to in section 3.8 is not carried
out on personal data and, as such, can be freely performed by the Data Controller.
5. PERSONAL DATA RECIPIENTS
Your personal data may be shared, for the purposes set out in section 3 of this Privacy Policy, with:
- 5.1. subjects that typically act as data processing supervisors pursuant to art. 29 of the Code and 28 of the Regulation, namely: i) persons, companies or professional firms that provide assistance and advice to Brunello Cucinelli on accounting, administrative, legal, tax and financial matters; ii) subjects delegated to carry out technical maintenance activities; iii) credit institutions and insurance companies and brokers;
- 5.2. persons, entities or authorities who require the communication of your personal information as mandated by law or by order of the authorities;
- 5.3.. persons authorised by the Data Controller, pursuant to art. 30 of the Code and 29 of the Regulation, to process the personal data necessary to carry out activities strictly related to the provision of services, who are committed to respecting your confidentiality or have an appropriate legal confidentiality obligation;
- 5.4. Brunello Cucinelli Group companies, limited to the pursuit of internal administrative purposes;
- 5.5. Brunello Cucinelli Group companies, limited to the pursuit of the purposes set out in point 3.7, subject to your explicit consent (as specified in point 4).
These subjects are collectively defined as
"Recipients".
A complete list of data processing supervisors is available by sending a written request to the
Data
Controller at the addresses indicated in the "Contact Us" section of this Privacy Policy.
6. TRANSFERS OF PERSONAL DATA
Some of your personal data is shared with Recipients that may be situated outside the European Economic Area. The Data Controller ensures that these Recipients process your personal data in compliance with articles 43 and 44 of the Code, as well as articles 44 - 49 of the Regulation. Indeed, transfers can be based on an adequacy decision or on the Standard Contractual Clauses approved by the European Commission. More information is available by sending a written request to the Data Controller at the addresses indicated in the "Contact Us" section of this Privacy Policy.
7. RETENTION OF PERSONAL DATA
Personal
data that is processed for the purposes set out in sections 3.1 and 3.2 will be kept for the time
strictly
necessary to achieve those same purposes. With regard to information processed for the provision
of
services, the Data Controller will keep this personal data for the period of time envisaged and
permitted
by Italian law to protect its own interests (Article 2946 of the Italian Civil Code and ff.).
Personal data processed for the purposes set out in section 3.3 will be kept up until the time
stipulated
by the specific obligation or applicable law.
For the purposes set out in section 3.4, your
personal data will be processed until you present an objection
to its processing.
For
the purposes set out in section 3.5 and 3.6, your personal data will be processed for a maximum
period
of seven years, starting from its registration, in accordance with what is stipulated in the
provision
issued by the Italian Data Protection Authority for the protection of personal data following a
request
for prior verification pursuant to art. 17 of the Code presented by the Data Controller. Further
information
regarding the data retention period and the criteria used to determine this period may be requested
via
a written request sent to the Data Controller at the addresses indicated in the "Contact Us"
section
of Privacy Policy. In any case, the Data Controller is granted the possibility to keep your
personal
data for the period of time provided and allowed for by Italian law to protect their interests
(Article
2947 ( 1 )( 3 ) of the Italian Civil Code).
8. DATA SUBJECT'S RIGHTS
Pursuant to art. 7 of the Code, at any time, you have the right to obtain
confirmation of the existence or
otherwise of your personal data and to know its content and origin,
verify its accuracy or request its
integration, updating, or rectification; you have the right to request
the cancellation, transformation
into anonymous form or blocking of data processed in breach of the
law, and to oppose, in any event,
and for legitimate reasons, its processing. Starting from 25 May 2018
you also have the right to request
access to your data, to oppose its processing, to request the limitation
of its processing in the cases
provided for by art. 18 of the Regulation, where technically possible,
as well as obtaining the data
concerning yourself in a structured common-use format that is readable
via an automatic device, in the
cases provided for by art. 20 of the Regulation.
Requests
should be sent in writing to the Data Controller at the addresses indicated in the "Contact
Us" section
of this Privacy Policy.
In any case, you are always entitled to lodge a complaint with the
competent supervisory authority (Italian
Data Protection Authority), pursuant to art. 77 of the Regulation,
if you consider the processing of
your data to be in violation of the law in force.
9. MODIFICATIONS
The Data Controller reserves the right to modify or simply update its content, wholly or partially, also as a result of variations in the applicable legislation. Therefore, the Data Controller invites you to regularly visit this section to keep up-to-date with the most recent and updated version of the Privacy Policy in order to always be informed on the data collected and how Brunello Cucinelli uses it.
10. CONTACT US
To exercise the above rights or for any other requests, please write to the Data Controller at the physical address indicated above, or via the dedicated contact details, preferably inserting the wording "request for exercise of privacy rights" in the subject field of the communication.
- 1. Customers
- 2. Acceptance of an Order – Contract of Sale
- 3. Payments
- 4. Shipping and deliveries
- 5. Prices
- 6. Vouchers and discount codes
- 7. Defective and non-conforming Products – Guarantee
- 8. Exchange and return of Products – Right of cancellation
- 9. Applicable law and disputes
- 10. Communications or complaints
- 11. Miscellaneous
The Terms and Conditions of Sale for the purchase
of products by Brunello Cucinelli ("Products")
displayed on this site ("Site") owned and managed
by Brunello Cucinelli S.p.A. ("Brunello Cucinelli"
or, alternatively, the "Seller"), are included
in the present contract of sale ("Contract").
Every user visiting the Site ("User") is invited
to view the Contract before completing an order for purchase of Products on the Site ("Order").
The purchase of Products on this Site implies the acceptance of these Terms and Conditions of Sale.
Any modification or amendment to these Terms and Conditions
of Sale will immediately become effective
after being published on this
Site and will regulate all the subsequent sales of Products.
1. Customers
The purchase of Products on this Site is allowed only
to customers ("Customers")
- meaning natural
persons, eligible to execute and perform binding
agreements according to the applicable law or under
parental (or
guardian) consent, when needed, outside of any business or professional
purpose.
When submitting an Order, Customers must provide all the
personal information required
by this Site, 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.
Users cannot make any purchase under someone else’s identity
unless strictly authorized to do so by
the identity holder.
Products sold on this Site are not meant for resale.
2. Acceptance of an Order – Contract of sale
Following the electronic
submission of an Order, the Customer will receive a specific email confirming receipt of the Order.
Such communication serves to notify the Customers that the
Order has been received, and to provide
them with the relevant unique
identifying number for the Order. That does not in any way represent
acceptance of the Order on the part of the Seller. If any piece of
information in the confirmation
email appears incorrect, the Customer
must promptly inform the Seller’s customer service ("Customer
Service") via email to: customer.care@brunellocucinelli.it or via the link included in the
confirmation
email.
The acceptance of the Order on the part of the Seller will
take place only when
the latter sends the purchase confirmation to the
Customer by email ("Purchase
confirmation"),
usually at the same time as the despatch of the Products. The relevant
Contract should be considered finalised at the time of receipt of the
Purchase confirmation on the
part of the Customer.
Before that time, the Seller reserves the right to refuse
acceptance
of an Order at its discretion. In particular, the Seller
shall not be responsible, in any way, in the
event that a Product that
has been ordered is removed from the Site following the submission of
the relevant Order. It may in fact occur that the Site erroneously
displays Products that are not available
at that time.
In the case of partial unavailability of the Order, Customer
Service will
contact the Customer in order to confirm that the Customer
wishes to (a) receive a partial Order, (b)
the complete Order over
numerous deliveries, or (c) to cancel the Order.
In the case
of total unavailability of the Order, however,
the Customer Service will contact the Customer in order
to inform the
Customer that the Order will not be processed, and will cancel the
relevant Order.
In such case, no charge will be imposed in relation to
the Customer.
3. Payments
Orders may be made using major credit cards, debit cards
or other methods of payment available on the Site (collectively, the "Payment
methods").
The Seller will proceed to charge the price of the purchase, as defined
below ("Price"),
at the same time as the
acceptance of the Order. However, prior to the
acceptance of the Order, security checks may be carried
out regarding
the Payment method chosen by the Customer for the Order, or a
pre-authorisation
or a pre-charge for the sake of caution.
The Seller uses a primary gateway for the authorisation
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
will the Site process 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.
The Site uses Secure Socket Layer
(SSL) technology in order to guarantee a higher level of security
for
every Order.
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, neither
the Seller nor the Site will be responsible for such error,
negligence
or wrongdoing.
The Seller reserves the right to cancel a transaction and
the
relevant Order in the event that it appears that fraudulent use is
being made of the Payment
method adopted for the Order. Moreover, the
Seller and the Site will not be responsible in the event
that illegal
use is made of a Payment method by third parties which is not connected
to any error
or negligence by the Site or the Seller.
4. Shipping and deliveries
The Seller despatches and delivers the Orders using major couriers.
The Seller commits
itself to deliver the Orders to Customers
in a precise and timely manner, in conformity with the terms
of delivery
shown on the Site at checkout and, in every case, within 30 (thirty)
days from the
date of notification of the Purchase confirmation to the
Customer.
The Purchase Confirmation
is usually sent to the Customer at
the time the Products are despatched to the courier for delivery.
In certain circumstances, such as, for example, during sales
periods or the closure of the business,
delivery times may vary. The
Seller shall not be held responsible for delays in delivery that are not
connected to its fault or negligence. To this extent, the Seller shall
be exempt from responsibility
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 circumstance
outside its control.
Customers are encouraged to do everything in their power to
facilitate
the delivery of the Order, making themselves available for
receipt or delegating to a third party.
The courier will make a first attempt at delivery of the
Order at the address indicated by the Customer.
Where the outcome of the
delivery is negative, the courier will inform the Customer of the
attempt
at delivery and will try to arrange a subsequent delivery of the
Order with the Customer.
In the event that the courier is definitively unable to
deliver the Order, Customer Service will contact
the Customer in order
to verify his or her interest in a new despatch.
At the time of
delivery, the Customer must verify the
exactness of the number of the parcels and the integrity of
the external
packaging. In the event that the Customer finds anomalies with the
delivery, for
example in relation to the number of parcels or damage to
the external packaging, the Customer must
conditionally sign the
delivery document and contact the Customer Service. In the event that
the Customer fails to do so, the Customer will not be able to bring a
claim in relation to the delivery,
save for as provided under article 8
below in relation to hidden faults and in respect of any applicable
consumer protection law.
The Customer may contact Customer Service by filling in the
form provided on the Site (Contact us section)
or to the email addres: customer.care@brunellocucinelli.it.
5. Prices
All the prices published on the Site are inclusive of VAT ("Prices").
Regarding the costs of delivery of the Order ("Delivery
Costs"), the Customer must refer to the information provided in the section "Shipping".
The total amount of the Delivery Costs (where
such are
owed), inclusive of VAT, will be visible in the summary of the Order
during the checkout
procedure, and will be stated in the Purchase
confirmation sent to the Customer following acceptance
of the Order.
Any amendments made to the Prices will have effect from the
date of their
publication on the Site, with no retroactive effect on
Orders that have already been accepted via a
Purchase confirmation.
Except in the event of a recognisable error in accordance
with
article 1431 c.c., the Seller reserves the right to refuse
acceptance of an Order for reason of error
in the Price published on the
Site or indicated in the email sent to confirm the receipt of the
Order, that is, before the acceptance of the same Order by the Seller.
6. Vouchers and discount codes
As part of marketing campaigns, the Seller may make
available to Customers vouchers and discount codes for purchasing
products on the Site
Such vouchers and discount codes can never be used for purchases at Boutiques.
Vouchers and
discount codes sent out by the Seller are not reimbursable in any case.
7. Defective and non-conforming Products – Guarantee
Subject to the provisions set
out in article 4 above, the Seller assumes responsibility for every defect in the Products.
The Seller guarantees the Customer that Products sold are not
defective and that they conform to what
has been set out in the
Contract, that is, in particular, that the Products:
- • Conform to the description provided on the Site and possess the qualities of the Products that the Seller has presented to the Customer as a sample or model;
- • 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, and that the Customer can reasonably expect, taking into account the nature of the good.
For technological reasons, neither Brunello Cucinelli, nor
the Site
can guarantee that the visualisation of the colours on the
screen will always be accurate.
Marginal differences between the description of the Product
on the Site and the actual characteristics
of the Product will not be
considered cause for non-compliance of the Product for the purposes of
the present Contract.
The guarantee of conformity of Products sold on the Site
lasts
for a period of 2 (two) years from the date of receipt of the
Products on the part of the Customer.
In the event that a non-compliant Product is delivered, the
Customer will be able to request the reinstatement,
at no expense, of
the conformity of the Products by way of repairs or replacement. Where
that
is not possible, the Customer will have the right to a
correspondent reduction in the Price of the
purchase or to the refunding
of the Price and (where incurred) the Delivery Costs. These Terms and
Conditions of Sale shall not affect any statutory consumer right.
The
Customer
will notify the Seller of any failure of conformity of the Products
within a period
of 2 (two) months from the date on which such failure of
conformity is discovered by completing the
form available on the site
at Returns procedure
After receiving notice from the Customer, the Seller will
contact the Customer to arrange the collection
of the Products directly
with the Customer.
The
mere receipt
of the Products on the part of the Seller after the initiation of the
current procedure
does not in any way represent recognition of a failure
of conformity of the Products, there being necessary
an accurate
verification by the Seller.
Any direct judicial action in relation
to hidden defects
must be undertaken, in every case, within the period of twenty-six
months after
delivery of the Product.
8. Exchange and return of Products – Right of cancellation
Within 30 (thirty) days from the date of delivery of the Order, the Customer has the right to:
- • Request the exchange of a Product with a unit of the same Product of a different colour or size; or
- • Cancel the Contract, with no penalty and without having to provide any reason (Cancellation).
To this end, in order to ensure compliance with the
above-mentioned term, the date of delivery
of the Products will be taken
as the date indicated on the tracking system for deliveries made
available by the courier on its own website.
Where Customers decide to request the exchange
of the
Products or to exercise their right of Cancellation as set out above,
Customers must previously
notify their intention to the Seller by one of
the following means of notification:
- • For registered Customers: activating the specific procedure for Returns in the “Orders” section available within the area “Your Page” of the present Site; or
- • For non-registered Customers: activating the specific procedure after tracing the relevant Order in the section “Orders and Returns” on the Site’s main menu;
- • For both: contacting Customer Service via the electronic module (“Contacts” section) or sending an email to: customer.care@brunellocucinelli.it
For more detailed
information, please consult the section of the Site on the Procedure
of returns.
In the event that the Customer chooses to contact the
Customer
Service for Returns, the Customer should kindly refer to the
unique identifying number for the Order,
as set out in the Purchase
Confirmation.
The possibility of return Products is available
only in
relation to Orders that have already been delivered to the Customer
based on the tracking
system provided by the courier.
The return or exchange form will be pre-filled out by the
Seller; the Customer must verify the accuracy of the facts stated
therein and, moreover, check
that the notice bears the unique
identifying number for the Order and, if any, the request to exchange
the Product with a similar unit of the Product in a different colour
and/or size.
On the return or exchange form, the Customer will be able to
indicate the reason for the return and
any further notes (for example,
the defects encountered, if any).
After receipt of the
form, the Seller will confirm receipt
of the form to the Customer via email, including the return merchandise
authorization ("R.M.A.").
The R.M.A.
could nevertheless be rescinded in the event that the Seller
ascertains any failure to meet the conditions
for the Return or
replacement; for example, because more than 30 (thirty) days have
elapsed from
the date of delivery of the Products to the Customer.
For the return, the Customer will be
able exclusively to
contact the courier indicated by the Seller in the returns form and/or
in
the R.M.A. in order to arrange the return of the Products and must
attach the delivery tag provided
by Seller via email on the relevant
parcel.
The Customer must without fail deliver the
Products to the
courier for the return to the Seller within 14 (fourteen) days of the
date of
receipt of the R.M.A.
In particular:
- • The returned Products should be sent back with all 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 changed 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 internal packaging “Brunello Cucinelli”.
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.
- • Products returned without their internal packaging “[*]”.
The Customer
will be considered liable for any diminished
value of the Products resulting from all manipulation other
than that
necessary to establish the nature, characteristics and functioning of
the Products.
Once the prerequisites for exchange of the Product or for
Cancellation have been verified, the Seller
will communicate to the
Customer its acceptance of the return and will proceed to the
replacement
of the Product or, in the case of Cancellation, to the
reimbursement of the purchase Price and of the
Delivery Costs ultimately
incurred by the Customer (Reimbursement).
Provided that the Customer has correctly followed the
present procedure, the delivery costs for the
Returns will be borne
entirely by the Seller.
The Seller commits to undertake the Reimbursement
procedure
described above within 14 (fourteen) days from the date of receipt of
the returned
Products. Reimbursement will be effected via the same
Payment method used by the Customer for the Order.
In the event that the Customer has returned the Products without complying with the prerequisites for Return, the Seller will not be able to recognise any right of return. 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 any subsequent delivery costs to the same.
Customers should dispatch the Products for return from the same country where the Products were first delivered.
9. Applicable law and disputes
These Terms and Conditions of Sale and the Contracts formed under the same rules are governed by
Italian law.
All disputes relating to the present Terms and Conditions of
Sale and the
relevant Contracts made under the same rules will be
recognised by the competent Court in the place
of domicile or residence
of the Customer, based on the applicable law, or, upon option of the
Customer, the Court of Milan. The possibility of promoting the
extra-judicial resolution of disputes
is guaranteed, as set out by
articles 66 and 141 of the Consumer Code.
10. Communications and complaints
For every communication, notification or complaint relating to an Order and to the application of these Terms and Conditions of Sale, the Customer will be able to contact the Customer Service using the relevant form on the Site at the address Customer Care or via email to: customer.care@brunellocucinelli.it.
11. Miscellaneous
In the present Contract, the singular form includes the plural and vice versa, depending on the
context.
No waiver of the right to access remedies for the breach of
the present Contract
on the part of the Seller represents a waiver in
relation to previous or subsequent breaches of any
other provision
contained in the Contract.
In the event that a provision of the present
Contract is
found to be illegal, null or void for any reason, such provision will be
considered
severable from the other provisions of the present 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 unauthorised reproduction, even partial, is strictly forbidden.
- 1. Site activity
- 2. Site content and intellectual property
- 3. Third-party content
- 4. Disclaimer
- 5. Use of the Site
- 6. Personal Accounts
- 7. Limitation of liability
Access to and navigation on this website
("Site") implies acceptance of the provisions
set out in these terms of use of the Site ( "Terms of Use
of the Site" or, in abbreviated form, "Terms of
Use") by the user ("User"). Users who
do not accept the content of the Terms of Use should stop access to and navigation of the Site.
The Terms of Use are part of the legal terms of this Site.
Brunello Cucinelli reserves the
right to modify, in whole or
in part, the Terms of Use. Users who do not accept such modifications
should consider whether or not to continue navigating; in fact, use of
the Site following the
publication of the aforementioned modifications
represents acceptance of the same on the User’s part.
The Site Owner is Brunello Cucinelli S.p.A. ("Brunello
Cucinelli"
or, alternatively, the "Owner").
1. Site Activity
The Site displays, publishes, promotes,
sells and distributes the Owner’s products ("Products")
under the registered brands of Brunello Cucinelli and other trademarks of the Owner (together, the "Owner’s
Trademarks"), whether registered or unregistered.
Within the Site there are multiple features to inform Users
of the Products and services available
on the Site, and to facilitate
the completion of Orders, such as, for example, the ability of Users
to:
- • Register on the Site, thereby activating a personal account in order to access areas of reserved content;
- • Subscribe to the mailing list in order to receive newsletters relating to the Site’s Products and campaigns;
- • Participate in promotional campaigns.
Users are invited
to provide true and accurate personal
information and to update their personal information (“Personal
Information”) as provided at registration where such is out of date, and
to read the Privacy Policy and the
Cookie
Policy
in relation to the processing of Personal Information and the rights of
Users
set forth by the applicable privacy protection law.
2. Site content and intellectual property
The information, photographic material, Products
and in general the entire contents of the Site or any part of such contents ("Site
Content")
is the property of Brunello Cucinelli, its licensors or content
providers.
All of the Site Content is protected by intellectual property
rights, including, for example, laws regarding
copyright, patents,
brands or other laws and international treaties regarding intellectual
property
rights.
The copying, downloading, distribution, modification,
creation of derivative
works or extracts, publication or other use or
exploitation of the Site Content without the prior written
consent of
the Owner or, depending on the circumstances, of another rights holder,
when such
activity has not been expressly consented by the Site, is
forbidden. The reproduction of Site Content
for the purpose of sale,
distribution for commercial purposes, unauthorised insertion or posting
on other sites, or for a professional purpose, is also forbidden.
All the Owner’s Trademarks,
both registered and unregistered,
commercial names, logos and other distinctive signs of the Products
and
services used, visualised and howsoever contained on the Site are the
exclusive property of
the Owner, of subjects connected to the Owner or
of the respective licensors or content providers.
These Terms of Use do not confer either on the Users or on the customers that buy Products or services on
the Site ("Customers"),
or to third parties,
any right to use the Owner’s Trademarks; Users,
Customers and third persons are reminded moreover that
the use of such
Trademarks for business, commercial or promotional purposes is strictly
forbidden
without the prior written consent of the Owner.
3. Third Party Content
The Site may include, use or visualise content created by
third parties, information derived
from public sources and/or links to
external sites or websites managed by third parties (collectively,
"Third Party Content").
The Owner exercises
no control or monitoring over Third Party Content
and does not assume any liability regarding the accuracy,
safety or
reliability of Third Party Content and cannot guarantee, and does not
guarantee, that
such Third Party Content is free of viruses or other
features capable of damaging data and/or goods
belonging to Users.
Brunello Cucinelli disclaims any liability to Users in
relation to any loss
and damages which might be incurred and which are
connected to the use of any Third Party Content.
In certain cases, the Site may include links to third party
sites, which are therefore not the property
or under the management or
control of Brunello Cucinelli ("Third
Party Sites").
The content of such sites lies outside the control appertaining to
Brunello
Cucinelli, who therefore disclaims any liability regarding the
trueness, completeness and legitimacy
of Third Party Sites. Brunello
Cucinelli disclaims all liability for the contents of pages of Third
Party Sites and for all the consequences following from access and
navigation by Users of such
Third Party Sites.
4. Disclaimer
The Owner cannot in any way guarantee that the Site, including the relevant Site Content, services and features, will be free from interruptions, that every defect encountered on the Site will be rectified or that the use of the Site will entail a specific result. The Site and Site Content are provided in their current state and are available as is. In addition to the above, the Owner does not recognise any guarantee, express or implied, including any guarantee of accuracy, completeness, non-violation of third party rights, marketability or suitability to a particular purpose.
5. Use of the Site
Users can use the Site and the Site Content exclusively
for personal purposes, outside of any commercial purpose, and in a way
that conforms with the
Terms of Use, as well as all the applicable laws.
The use of the Site cannot in any way entail
the
establishment of any professional relationship with the Users, even
where the latter are
involved in the publication of reviews,
contributions, posts of any kind, nor by way of agency relationship
or
editorial collaboration.
The Owner reserves the right to interrupt or suspend access
or use of the Site for one or more Users, even without prior notice,
where it considers that
the Terms of Use of the Site have been breached
or where it is necessary for reasons of security.
6. Personal Accounts
In the event of
the creation of a personal account on the Site (“Personal
Account”),
the User commits to provide Personal Information which is true and
accurate
at the time of registration and to update it regularly.
Registered Users are invited to store
their Personal Account
access credentials in an appropriate manner and not to divulge them.
Registered
Users must communicate promptly to the Site any unauthorised
use of the Personal Account access credentials.
Registered Users are responsible for all activity carried out
via their Personal Account and may be
held liable for any damages of
any kind resulting from the improper use of their Personal Account
access credentials or for any abuse of the services provided by the
Personal Account.
7. Limitation of liability
The information regarding the Products
on the Site is intended and published merely for descriptive or promotional purposes.
The
information regarding the Products on the Site is
intended and published merely for descriptive or
promotional purposes.
The look and colours on the Site depend on the settings of
the
User’s device and it is impossible to guarantee that the User’s
device will correctly display the colours
and images published on the
Site.
The Site can modify or remove, temporarily or permanently,
certain Products and/or services, or modify the retail prices of such
Products or services, without
providing any prior notice to Users
regarding such modifications.
To the extent allowed
by the applicable law, Brunello
Cucinelli will not in any case be liable to Users, Customers or to
third
parties for any damage or loss deriving from the use of the Site and/or
the Site Content,
including information contained on the Site (and, in
particular, information relating to the Products
).
With reference to the process for purchasing Products, Users are invited to read the: Terms
and Conditions of Sale:
Brunello Cucinelli disclaims any liability for any damage,
direct or indirect, regardless of the cause,
origin, nature of the
consequences of such damage, including, for example, the costs incurred
or any other loss of intangible goods deriving from the use of the Site
or from the inability to use
it or from reliance on the information,
directly or indirectly, available on the Site.
The User also accepts to hold harmless and indemnify Brunello
Cucinelli or other companies belonging
to the Brunello Cucinelli Group
in relation to any legal action, demand, claim on the part of third
parties including damages and costs, including legal costs, originating
from or connected to
the irregular and/or illegal use of the Site, as
defined above, on the part of the Users or other persons
subject to
their control or direction.
These Terms of Use are subject to copyright;
any reproduction, even in part, is therefore forbidden.
Product exchanges and Returns
Customers can
exchange a Product for an
item of different colour and size, when it is available in stock or cancel
the Order within 30 (thirty)
days from the date of delivery of the Product without the need of providing
any
explanation.
In
case of cancellation of an Order, the Seller will proceed to
refund the Customer for the full Purchase price
in a prompt manner after receiving the returned Products
from the Customer. Refunds will be carried out via
the
same Payment method initially used by the
Customer for the Order.
To apply for a
Product exchange or to cancel an Order, Customers
must first ask the Seller to release a Returns
Merchandise
Authorization (“
R.M.A”)
before returning
any Product.
Customers can apply for the release of the R.M.A. in the
following ways:
- • for registered Customers: by activating the specific procedure for Returns in the “Order” section available inside the “Your Page” area of this Site; or
- • for unregistered Customers: by activating the specific procedure after searching the relevant Order in the “Orders and Returns” section on the Site main menu;
- • for both: by contacting the Customer Service via the electronic form ( Contact us section) or by sending an e-mail to: customer.care@brunellocucinelli.it
When contacting the Customer service for returns, Customers are kindly requested
to specify
the unique identifying
number of the Order.
Every Product must be returned
bearing
all security tags and labels. It should also include all the original
packaging and accessories
(case, hangers, garment covers, etc.) received with the Order; it must not show any
signs of use, scratches
or be altered in any way (worn, washed, ironed, etc.) and the Product must be returned
in the same condition
it was shipped in and in its original packaging. All shoes should be tried on a carpeted
surface; in
case of any sole degradation, Brunello Cucinelli reserves the right to refuse the return of the shoes.
The Seller offers Customers a complimentary return service free of any shipping charges (“
Complimentary return service”). In order to enjoy
this service, Customers are required to complete the electronic
Return request with the pickup address,
pickup date, contact details and attach a specific return shipping label
supplied by the Seller for
the Product return. If the Customer decides not to select a pickup date at the moment
of submitting
the electronic Return request, they must contact directly DHL (
www.dhl.com)
to confirm the pickup date.
Customers must always return the Products within 14 (fourteen)
days after receiving the R.M.A.
Any other method of returning the Products outside of the
Complimentary return service will be at the Customer’s
expense. By using any other option outside of
the Complimentary return service to return the Products, Customers
acknowledge and agree to be liable
for any loss or damage to the Products during the return process.
Customers are kindly asked
to dispatch the Products for return from the same country where the Products were
first delivered. If
this is not possible, they should first contact the Seller by email at customer.care@brunellocucinelli.it.
to verify the most suitable alternative solution to return the Products.
The Seller may refuse
to accept any further Orders from a Customer after multiple returns on previous purchases
by the same
Customer.
