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. Site activity
- 2. Site content and intellectual property
- 3. Third party content
- 4. Product information
- 5. Product purchase
- 6. Order processing
- 7. Payments
- 8. Shipping and delivery
- 9. Pricing
- 10. Vouchers and Discounts
- 11. Defective and non-conforming Products
- 12. Product exchanges and returns
- 13. DISCLAIMER OF WARRANTIES
- 14. LIMITATION OF LIABILITY
- 15. Indemnification
- 16. Communications
- 17. Miscellaneous
This site (
"Site")
is owned and operated by Brunello Cucinelli S.p.A. (
"Brunello
Cucinelli").
Every user visiting and using this Site (“User”) accepts and is bound
by the provisions set out in these Terms
and Conditions. Visitors in disagreement with the provisions
of these Terms and Conditions should immediately
leave this Site. Brunello Cucinelli reserves the right
to modify, add or delete any part of these Terms and Conditions
at any time without prior notice. Any
amendment to these Terms and Conditions will be immediately effective after
being posted on this Site
and will govern all the subsequent activities on the Site. Continued use of this Site
confirms your
acceptance of any such modifications.
1. Site Activity
This
Site displays and promotes the sale of products marketed under the registered trademark "Brunello
Cucinelli"
(
"Products").
These Terms
and Conditions govern the rights, duties and obligations of the seller (
"Seller")
and of the customers (
“Customers”, as defined
under the following Article 5) with respect to the sale of Products and the correct
processing of any
order on this Site (
"Order").
Brunello
Cucinelli is clearly identified as the Seller in the Order invoice submitted to the Customer when the
Order is accepted and executed (
"Order invoice").
This Site includes multiple features to promote the sale of Products and enable Users to make informed
purchase
decisions, such as the ability for Users to:
- • Complete online purchases of Products;
- • Register on the Site and activate a personal account to access dedicated areas and content;
- • Subscribe to mailing lists to receive newsletters regarding Products and initiatives of the Site;
- • Participate in promotional activities;
- • Carry out other activities in strict accordance with the Site’s policies.
Users are required to:
- • Provide true and accurate personal information when they register to the Site and/or submit Orders;
- • Ensure that their personal information stored on the Site is regularly updated;
- • Subscribe to mailing lists to receive newsletters regarding Products and initiatives of the Site;
- • Read the Privacy Policy that describes the Privacy Policy adopted by Brunello Cucinelli;
- • Store their credentials to access the “Your Page” area in a safe place.
Every User shall act in accordance with these Terms
and Conditions, the
Privacy
Policy, the Cookie Policy and all applicable laws and regulations.
Brunello Cucinelli
reserves the right to terminate or suspend access to, or use of, the Site by a User, without
prior notice,
if Brunello Cucinelli considers that the User has violated these Terms and Conditions or that suspension
or termination are appropriate for security reasons.
2. Site content and intellectual property
All trademarks, trade names, brands, logos, images, text, product names
and other content displayed on this Site
and the copyrights, trade dress and other intellectual property
in such materials (collectively,
"Contents")
are the exclusive property of Brunello Cucinelli, its licensors or content providers.
Unless
clearly stated otherwise, these Terms and Conditions do not provide any right or power to Users, Customers
or third parties to use any Contents displayed on the Site.
This Site is for personal, non-commercial
use only.
The Products sold on this Site are not meant for resale.
No User
or third party may modify, copy, publish or otherwise exploit any Contents included in the Site without
the prior written consent of Brunello Cucinelli or of the relevant content owner.
3. Third party content
This Site may include, use or display content created by third
parties, information from public sources and/or links
to other websites or web pages managed by third
parties (collectively,
"Third Party Content").
Users acknowledge and agree that Brunello Cucinelli bears no responsibility for any information,
content, products,
services or any other material on any third-party website or platform, and that links
to third-party sites do
not represent an endorsement or approval of any Third Party Content.
Brunello
Cucinelli does not control or monitor any Third Party Content, does not assume any responsibility for
its accuracy, security or reliability and cannot guarantee that such Third Party Content is free of
malfunctions,
viruses or other features that could damage data and/or property of the Users.
Brunello Cucinelli
disclaims any liability to the User for any loss or damages the User incurs arising out of
or related
to the access, use, reliance on any Third Party Content on the User’s part.
4. Product information
All information about the Products published on this Site is for descriptive
or promotional purposes only (
"Product information").
Despite a strong commitment to ensure that Product information is always accurate and updated,
BRUNELLO CUCINELLI
does not accept any responsibility for the correctness, completeness, accuracy or
timeliness of Product information,
including, for example, descriptions of Products, services, prices
and/or indications of availability.
The look and the colours displayed on the Site depend
on the settings of the device of the User. Brunello Cucinelli
cannot ensure that the User's device will
display colours of the images correctly as posted on this Site.
This Site may, temporarily
or permanently, modify or remove some of the Products and/or services, or change the
Product prices,
without giving any notice to Users about the fulfilment of these changes.
5. Product purchase
Customers - meaning only 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 outside of their trade, business
or profession - are eligible to carry
out an Order of Products on this Site (
"Order").
Customers must carefully read these Terms and Conditions before completing any Order. By placing
an Order on
this Site, Customers agree with these Terms and Conditions.
When placing
an Order, Customers must provide all the personal information required by the Site, including but
not
limited to their first name, surname, birth date, email address, billing and delivery address. All such
information
must be true, accurate and up to date.
Customers cannot make any purchase under someone else’s
identity unless strictly authorized to do so by the identity
holder.
6. Order processing
Prior to completing an Order, every Customer shall:
- a) Review the purchase details in the Order summary;
- b) Accept explicitly these Terms and Conditions by ticking the relevant checkbox below the Order summary; and
- c) Submit the Order electronically to the Site by clicking on the relevant button.
Upon receiving an Order, the Seller will immediately
send an order receipt confirmation to the Customer by email
(
"Order
receipt confirmation").
The Order receipt confirmation communicates to the Customer
that the Order has been received. It does not imply
acceptance of the Order by the Seller.
Customers
must verify that all information concerning their Order reported in the Order receipt confirmation,
including but not limited to all details concerning the Products, the delivery address and all personal
information,
is correct. If any piece of information in the Order is not correct or accurate, Customers must promptly
inform
the Seller by using the email address customer.care@brunellocucinelli.it.
Customers
are also encouraged to store an electronic copy of the Order receipt confirmation and to refer to the
unique identifying number of the Order included in the Order receipt confirmation when contacting the
Brunello
Cucinelli customer service (“
Customer Service”).
All Orders are subject to stock availability and acceptance by the Seller.
If only
some of the Products ordered are available, the Seller will promptly contact the Customer by email to
verify their interest in the fulfilment of a partial Order, of a full Order but in multiple shipments or
whether
they intend to cancel the Order.
An Order can be deemed as accepted, and the
relevant contract for the sale of the Products between the Seller
and the Customer as formed, only when
the Seller dispatches the Products and submits the Order invoice to the
Customer (
"Order
Invoice").
Until then, the Seller retains the right to refuse any Order at its sole
discretion, including but not limited
to the following circumstances:
- • The Customer does not meet the eligibility-to-purchase requirements according to these Terms and Conditions;
- • Shipment of parcels to the delivery address indicated in the Order is restricted, impossible or extremely difficult;
- • The Product is no longer in stock.
THE SELLER cannot be held liable by reason of withdrawing any Product from the Site after an Order
submission or
for refusing to accept any Order. It may also unintentionally happen that the Site shows
available Products that
are actually unavailable at that moment.
The Seller intends to
notify Users of any refusal of Order in a prompt manner.
7. Order processing
Customers can make payments (
"Payments")
of the Purchase price by using all major credit and debit cards (collectively, “
"Payment
methods").
When the Order is accepted, the Seller will debit the Purchase price
to the Customer via the selected Payment
method.
However, prior security checks to prevent
insolvency or fraud may take place, or a deposit may be held to verify
that the credit, debit card or
payment system used by the Customer holds sufficient funds for the Payment.
The Seller does
not directly process any credit/debit card details or other financial information of the Customer
and
uses a primary payment gateway (
"Payment gateway")
to authorize any Payment.
The Payment gateway protects the credit/debit card details by encrypting
sensitive information to ensure that
such information is passed securely between the Customer and this
Site, on one side, and between this Site and
the payment processor, on the other side. However, the
Seller cannot be held liable for any error, negligence
or wrongdoing referable to how the Payment gateway
has managed the financial transaction linked to the purchase
of the Products on this Site.
This
Site also uses Secure Sockets Layer (SSL) technology to guarantee a higher standard of safety on any
purchase
of Products.
8. Shipping and delivery
Orders
are delivered by courier service to the following
countries
Customers can track the shipping progress of their Orders by using the unique tracking reference
number supplied
to the Customer when shipment is confirmed by e-mail.
Unless specifically
stated otherwise, all shipping charges on an Order will be debited in full to the Customer
(
"Shipping charges"). The Shipping charge amount will
first be calculated and shown in the Order summary at
checkout.
The Seller is strongly
committed to completing each Order in the most efficient and seamless manner. Nonetheless,
any estimated
delivery time indicated in the Order summary should be used as a guideline only. The estimated
delivery
time starts from the date of dispatch.
The Seller cannot be held liable for any delay in delivery
that is not due to its negligence, including but not
limited to force majeure, customs clearance processes,
strikes, natural disasters, any other fact pertaining
to the supply of courier services or any other
circumstance outside of the control of the Seller.
Customers should plan to be available to
receive the Products without any undue delay.
The courier carries out multiple delivery attempts,
excluding weekends and holidays. If the final delivery attempt
has been made without success, because
the courier was unable to leave the package, the courier will return the
package to the Seller. In this
case, Customers are invited to contact the Seller immediately for further instructions
by email: customer.care@brunellocucinelli.it.
9. Pricing
All prices of Products, shipping charges and
other costs (collectively, the
"Purchase price")
published on the Site are expressed in the currency shown during the checkout process.
The
full Purchase price will be repeatedly shown in the Order summary at checkout, in the Order receipt
confirmation
and in the Order Invoice after purchase.
In the event of any error or mistake in the Product
prices published on this Site, the Seller retains the right
to modify the relevant Purchase prices at
any time. Incorrect prices will not be binding for the Seller or the
Customer in any case, even after
the Customer has received an Order receipt confirmation.
The Seller is under no obligation
to accept or execute any Order for Products published at an incorrect price
and reserves the right to
refuse or cancel the Order before the Customer has received the Order Invoice.
For deliveries
to countries outside the European Union, customs duties, sales taxes and/or import VAT may be
due (collectively,
“
Local charges and taxes”).
When
Orders are shipped to these countries, all Local charges and taxes will be included in the Purchase price:
- Australia
- Austria
- Belgium
- Bulgaria
- Canada
- Chile
- China
- Denmark
- Estonia
- Finland
- France
- Germany
- Japan
- Greece
- Hong Kong
- India
- Ireland
- Israel
- Italy
- Kazakhstan
- Latvia
- Lithuania
- Luxembourg
- Macao
- Malaysia
- Norway
- New Zealand
- Holland
- Poland
- Portugal
- Monaco
- Czech Republic
- Romania
- Singapore
- Slovakia
- Slovenia
- Spain
- South Africa
- Sud Corea
- Sweden
- Switzerland
- Taiwan
- Thailand
- Tunisia
- Turkey
- Ukraine
- UK
- Hungary
- US
When Orders are shipped to any other countries where shipping is available, the Product prices displayed will be exclusive of all relevant Local charges and taxes. In this case, payment of all Local charges and taxes levied by destination countries must be carried out separately by the Customer when receiving the Order. Customers are invited to inquire with the local customs offices or advisors whether any Local charges and taxes will be applied to their Order.
10. Vouchers and discounts
During marketing campaigns, the Seller may issue vouchers
and discount codes for purchase use on this Site.
Vouchers and discount codes can never be
redeemed in any Brunello Cucinelli boutique.
Vouchers and discount codes cannot be refunded.
11. Defective or non-conforming Products
For technological reasons, the
Seller cannot guarantee that the monitor display of colours will be accurate.
Minor differences
between the Product description on the Site and the actual Product features should not be deemed
to
lead to any non-conformity of the Product for the purposes of these Terms and Conditions.
Customers
are invited to inspect carefully any parcel before signing and confirming the completed delivery. If
the parcel appears damaged, Customers are kindly encouraged to sign the delivery of the parcel with the
note
“Received unchecked”.
- • In the unlikely event of a Product being defective, flawed or non-conforming to the Product description on this Site, Customers are entitled to ask that the Product is repaired or, if not possible, replaced free of any charge within a reasonable period and without major inconvenience to the Customer;
- • If repairing or replacement is impossible or disproportionate, or if the Seller has not remedied the shortcoming within a reasonable period or without major inconvenience to the Customer, for an appropriate price reduction or for the return of the products within established terms.
Customers
may submit a claim for a defective, flawed or non-conforming Product and return the concerned Product.
Customers shall contact the Customer Service in order to agree on the modalities of the Return.
THIS
WARRANTY SHALL CONTINUE FOR A PERIOD OF 2 (TWO) YEARS FROM THE DATE OF TENDER OF DELIVERY OF THE PRODUCTS
TO THE CUSTOMER. THE CUSTOMER SHALL INFORM THE SELLER OF ANY DEFECT WITHOUT UNDUE DELAY UPON DISCOVERING
THE
DEFECT.
NO WARRANTY APPLIES IF THE CUSTOMER IS RESPONSIBLE FOR THE LACK OF CONFORMITY
OF THE PRODUCTS, INCLUDING BUT
NOT LIMITED TO THE CASE WHEN THE PRODUCTS HAVE NOT BEEN USED, STORED,
MAINTENED OR WASHED IN STRICT ACCORDANCE
WITH THE INSTRUCTIONS SET OUT ON THE PRODUCT LABELS.
IN
THE EVENT THAT ANY PRODUCT IS DEFECTIVE, FLAWED OR NON-CONFORMING TO THE ORDER OR THE PRODUCT DESCRIPTION
ON THIS SITE, CUSTOMER REMEDIES SHALL BE LIMITED TO THOSE DESCRIBED IN THESE TERMS AND CONDITIONS. UNDER
NO CIRCUMSTANCES
SHALL THE SELLER BE LIABLE FOR CLAIMS FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE,
INCIDENTAL, CONSEQUENTIAL
OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE, SALE
OR FABRICATION OF PRODUCTS WHICH
DO NOT CONFORM TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE.
THESE TERMS AND CONDITIONS DO NOT AFFECT
LOCAL STATUTORY RIGHTS.
12. 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.
13. DISCLAIMER OF WARRANTIES
BRUNELLO CUCINELLI CANNOT GUARANTEE IN ANY WAY THAT THE WEBSITE, INCLUDING ITS WEBSITE CONTENT,
SERVICES AND FEATURES,
WILL BE UNINTERRUPTED, THAT ANY DEFECTS FOUND IN THE SAME WILL BE CORRECTED OR
THAT THE USE OF THE WEBSITE BY
THE USER WILL PRODUCE ANY SPECIFIC RESULTS. THE WEBSITE AND WEBSITE CONTENT
ARE PROVIDED IN THE CURRENT STATE
AND ARE AVAILABLE “AS IS”.
THE SELLER GUARANTEES CUSTOMERS
THAT THE PRODUCTS ARE NOT DEFECTIVE OR FLAWED AND THAT THE PRODUCTS CONFORM TO
THE PRODUCT DESCRIPTION
GIVEN ON THIS SITE.
THIS WARRANTY SHALL CONTINUE FOR A PERIOD OF 2 (TWO) YEARS FROM THE DATE
OF TENDER OF DELIVERY OF THE PRODUCTS
TO THE CUSTOMER. THE CUSTOMER SHALL INFORM THE SELLER OF ANY DEFECT
WITHOUT UNDUE DELAY UPON DISCOVERING THE
DEFECT.
NO WARRANTY APPLIES IF THE CUSTOMER
IS RESPONSIBLE FOR THE LACK OF CONFORMITY OF THE PRODUCTS, INCLUDING BUT
NOT LIMITED TO WHEN THE PRODUCTS
HAVE NOT BEEN USED, STORED, MAINTAINED OR WASHED IN STRICT ACCORDANCE WITH THE
INSTRUCTIONS SET OUT
ON THE PRODUCT LABELS.
IN THE EVENT THAT ANY PRODUCT IS DEFECTIVE, FLAWED OR NON-CONFORMING
TO THE ORDER OR THE PRODUCT DESCRIPTION
ON THIS SITE, CUSTOMER REMEDIES SHALL BE LIMITED TO THOSE DESCRIBED
IN THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES
SHALL THE SELLER BE LIABLE FOR CLAIMS FOR ANY
DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, INCIDENTAL, CONSEQUENTIAL
OR SPECIAL OR FOR ANY EXPENSES
INCURRED BY REASON OF THE USE OR MISUSE, SALE OR FABRICATION OF PRODUCTS WHICH
DO NOT CONFORM TO THE
ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE. THESE TERMS AND CONDITIONS DO NOT AFFECT
LOCAL STATUTORY
RIGHTS.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED
BY APPLICABLE LAWS, BRUNELLO CUCINELLI SHALL NOT IN ANY CASE BE HELD LIABLE TOWARDS USERS,
CUSTOMERS
OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM USE OF THIS SITE AND/OR THE CONTENTS, OR
ANY
INFORMATION CONTAINED IN THE SITE OR RELATING TO THE PRODUCTS.
BRUNELLO CUCINELLI ACCEPTS
NO RESPONSIBILITY OR LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES, REGARDLESS OF THE
CAUSE, ORIGIN,
NATURE AND CONSEQUENCES, INCLUDING, WITHOUT LIMITATION, THE COSTS INCURRED OR ANY OTHER LOSS OF
INTANGIBLE
ASSETS ARISING FROM THE USE OF THE WEBSITE OR INABILITY TO USE OR FROM RELIANCE ON THE INFORMATION
PROVIDED,
DIRECTLY OR INDIRECTLY, AVAILABLE ON THE SITE. THE SELLER SHALL NOT BE HELD LIABLE BY REASON OF WITHDRAWING
ANY PRODUCT FROM THE SITE AFTER AN ORDER OR FOR REFUSING TO ACCEPT ANY ORDER.
BRUNELLO CUCINELLI
CANNOT BE HELD LIABLE FOR ANY LIABILITY ARISING OUT OF THE SALE OF PRODUCTS, EITHER DIRECT
OR INDIRECT,
IN THOSE CASES WHEN THE COMPANY DOES NOT ACT AS THE SELLER OF THE CONCERNED PRODUCTS.
ANY
STATUTORY LIABILITY REMAINS UNAFFECTED.
15. Indemnification
The User acknowledges and agrees to indemnify Brunello Cucinelli from any legal action, claim, claims by third parties and related damages and expenses, including legal expenses, arising from, or related to, use in any irregular way and/or illegal use of the Site and/or the Contents of this Site by the User or by persons under their protection or direction.
16. Communications
All enquiries, including those concerning Orders, should be submitted to: customer.care@brunellocucinelli.it or notified to Brunello Cucinelli by using the contact form available in the “Contact Us” section of the Site main menu.
17. Miscellaneous
In these Terms and
Conditions, words in the singular include the plural meaning and words in the plural include the
singular
meaning.
No waiver by Brunello Cucinelli of any breach of these Terms and Conditions shall
be a waiver of any preceding
or succeeding breach.
Invalidity or unenforceability of
one or more provisions of these Terms and Conditions shall not affect the validity
of any other provision
of these Terms and Conditions. If possible, any unenforceable provision within this Agreement
will be
construed to reflect the original intention of the Parties.
Any unauthorized reproduction,
even partial, of these Terms and Conditions is strictly 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.
