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. Pick up in store
- 11. Vouchers and Discounts
- 12. Defective and non-conforming Products
- 13.Product exchanges and returns
- 14. DISCLAIMER OF WARRANTIES
- 15. LIMITATION OF LIABILITY
- 16. Indemnification
- 17. Claimed copyright infringement
- 18. Choice of law
- 19. Communications
- 20. Miscellaneous
This
site ("Site") is owned and operated by Brunello
Cucinelli S.p.A, Viale Parco dell’Industria 5, Frazione Solomeo – Corciano (PG), Italy ("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 Seller and of customers ("Customers",
as defined under the following Section 5) with respect to the sales of
Products and the correct processing
of any order on this Site ("Order").
Brunello Cucinelli USA Retail, LLC, 466 SAW MILL RD, Ardsley 10502 (NY), U.S.A. is clearly identified as
the seller ("Seller") in the purchase confirmation
submitted to the Customer when the Order is accepted and executed ("Purchase
confirmation").
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 the “Your Page” personal area 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 constantly updated;
- • Read the Privacy Policy
- • 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, 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, trademarks, trade dress and other
intellectual property in
such materials (collectively, "Contents")
are the exclusive property of the Brunello Cucinelli Group, its licensors or content providers.
Unless clearly stated otherwise, these Terms and Conditions
do not confer 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 the
Brunello Cucinelli Group 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 on this Site.
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
own 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 User shall:
- a) Review the purchase details at checkout;
- b) Accept explicitly these Terms and Conditions by ticking the relevant checkbox; and
- c) Submit the Order electronically to the Site.
Upon
receiving an Order, the Seller will immediately send an Order summary to the Customer by email ("Order
summary").
The Order summary 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 in the Order
summary, including but not limited to all details concerning the
Products, the delivery address and all personal information, is correct.
If any information in
the Order is not correct or accurate, Users must
promptly inform the Seller by using the email address
customerserviceusa@brunellocucinelli.com or the Contact
us page
Customers are also encouraged to store an electronic copy of
the Order
summary and to refer to the unique identifying number of the
Order included in the Order summary when
contacting the Brunello
Cucinelli Customer service (“Customer
Service”).
All Orders are subject to availability in stock 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) a partial Order, (b)
of a full Order
but in multiple shipments or (c) 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
Purchase confirmation to the Customer by email.
Until then, the Seller retains the right
to refuse any Order
at its sole discretion, including but not limited to the following
circumstances:
- • The User 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
AS 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. Payments
Customers can make
payments ("Payments") of the Purchase price by
using all major credit and debit cards and other electronic payment methods (collectively, "Payment
methods").
In case of Credit Card payments, the Seller will debit the
Purchase
price to the Customer via the selected Payment method only when
the Order is accepted.
However,
prior security checks to prevent
insolvency or fraud may take place, or an authorisation hold or
pre-payment may be carried out to verify that the Payment method used by
the Customer is active and
available for 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:
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.
The Seller is strongly committed to completing
each Order in
the most efficient and seamless way. 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.
In the event of a first unsuccessful delivery
attempt, the
Courier will notify the Customer to rearrange delivery. If all delivery
attempts
have failed, 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
customerserviceusa@brunellocucinelli.com
or by filling out the contact
form on the Contact
us page.
9. Pricing
All prices of Products,
shipping charges and other costs debited to the Customer
(collectively, the "Purchase
price") published on the Site are expressed in USD.
The full Purchase price will
be repeatedly shown at checkout, in the Order summary and in the Purchase confirmation.
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 at checkout.
Where U.S. Sales Tax applies, the checkout page
will show
the estimated sales tax due on the Order, at current tax rates. Shipping
charges may
also be subject to tax in certain states. Sales tax will be
then charged on the Order and added to the
Purchase price.
If Sales Tax is not due on the Order, most U.S. states
require Customers
to self-assess and remit the tax due on the purchase
according to the local law. Customers are invited
to ask local
authorities or tax consultants for advice on their obligations.
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 Purchase prices will not
be
binding for the Seller or the Customer in any case, even after the
Customer has received the Order
summary.
The Seller is under no obligation to accept or execute any
Order for Products
published at an incorrect Purchase price and reserves
the right to refuse or cancel the Order.
10. Pick up in store
At checkout, Customers can
opt to collect their Order at a designated Brunello Cucinelli boutique at no additional expenses.
In
this case, the Customer service will notify the Customer by email or
telephone when the Order is ready
for collection at the selected
boutique. The Order will remain available for collection at the boutique
for a period of 15 (fifteen) days following notification.
If the
Order is not collected within
such period, the Customer service will
promptly contact the Customer to reorganize the delivery. In
the event
that no indication is given by the Customer within 5 (five) working
days, the Order
will be deemed as cancelled and the Seller will refund
the Purchase price to the Customer at no additional
expenses.
Customers are invited to collect the Orders at the designated
boutique in person
or by delegating another person, whose personal data
(such as: name, surname, email and phone number)
must be indicated
during the checkout process.
The person designated to pick up the
Order in store must
bring the following documents to the Brunello Cucinelli boutique:
- 1. A copy of the Purchase confirmation;
- 2. A copy of the Customer’s ID;
- 3. A copy of their own ID.
11. 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 can never be refunded.
12. Defective or non-conforming Products
The Seller guarantees the Customer that the Products are
not defective
or flawed and that the Products conform to the Product
description given by the Seller on this Site.
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
or not complete in its content, Customers are kindly encouraged
to sign the delivery of the parcel
by reporting the encountered damage
or claim and then to contact promptly the Customer service by using
the
online form in the “Contact us” section or by writing an email at
customerserviceusa@brunellocucinelli.com
.
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 replaced
free of 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, Customers are entitled to ask for a total or partial refund of
the Purchase price.
In order to submit a claim for a defective, flawed or
non-conforming Product and return the concerned
Product, Customers shall
contact the Customer service and 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,
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 OR 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.
13. Product exchanges and Returns
Customers can return a Product or exchange a Product for
an item of different colour and size,
when available in stock, or return
the Products within 30 (thirty) days from the date of delivery of
the
Product.
In case of return, the Seller will proceed to refund the
Customer for the
full Purchase price paid (with the exception for the
amount paid by using Voucher or Discount codes,
as indicated under
Section 11), 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 return, 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: customerserviceusa@brunellocucinelli.com
For more detailed information on the return procedure, please see: Return
procedure
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 having attached the security
tag and all labels, in
its original packaging and with all the
accessories and covers (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 packaged
appropriately. All shoes should be tried on a carpeted surface; in case
of any
sole degradation, the Seller 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”).
To enjoy this service, Customers are required to complete the
electronic
Return request with the pickup address, pickup date and
contact details. If Customers want to change
the pickup date after
submitting the electronic Return request, they must contact FedEx (www.Fedex.com)
to agree for a new pickup date, referring to the Tracking number
reported in the email received at
the end of the return process.
Customers must always return the Products within 15 (fifteen)
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 should dispatch
the Products for return from the same country where the Products were first delivered.
Products
can also be returned to one of the Brunello
Cucinelli boutiques indicated during the return process.
In this case,
after indicating the Product to return or exchange, Customer should
select the
“Return in a store” option, then choose a boutique from the
list of available boutiques and select
a date and time for the Return in
boutique. After completing the online procedure, the Customer will
receive a Returns Merchandise Authorization email, reporting a summary
of the inserted information.
Customer must return Products to the selected Boutique within
15 (fifteen) days after
the receipt of the Returns Merchandise
Authorization.
Customers are invited to return
the Orders at the designated
boutique in person or by delegating another person, whose personal data
(such as: name, surname, email and phone number) must be indicated
during the return process.
The person designated for the Return in boutique must bring
the following documents
to the Brunello Cucinelli boutique:
- 1. A copy of the Purchase confirmation; and
- 2. A copy of the Returns Merchandise Authorization email; and
- 3. A copy of the Customer’s ID;
- 4. A copy of their own ID.
The Seller may refuse to accept any further Orders from a Customer after multiple returns on previous purchases by the same Customer.
14. DISCLAIMER OF WARRANTIES
BRUNELLO CUCINELLI CANNOT GUARANTEE IN ANY WAY THAT THE
SITE, INCLUDING ITS SITE CONTENT, SERVICES AND FEATURES, WILL BE
UNINTERRUPTED, THAT ANY DEFECTS
FOUND IN THE SAME WILL BE CORRECTED OR
THAT THE USE OF THE SITE BY THE USER WILL PRODUCE ANY SPECIFIC
RESULTS.
THE SITE AND SITE 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.
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 OR 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.
15. 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 SITE 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.
ANY STATUTORY
LIABILITY REMAINS UNAFFECTED.
16. 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, 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.
17. Claimed copyright infringement
Any copyright owner (or agent on their behalf) believing their work has been copied in a way that constitutes copyright infringement may submit a notice of claim to the Copyright agent of Brunello Cucinelli, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C, § 512(c)(2) by forwarding the following information:
- • The claimant’s postal address, telephone number and email address;
- • A description of the alleged infringed copyrighted work;
- • A description of where the alleged infringing material is situated;
- • The claimant’s statement that he/she believes in good faith that the disputed use of the copyrighted work has not been authorised by the owner, an agent or by the law;
- • An electronic or physical signature of the claimant and/or the person authorised to submit the claim by the owner of the copyrighted work;
- • A statement by the claimant made under penalty of perjury that the information in the notice of claim is accurate and that the claimant is the copyright owner or is acting on behalf of the copyright owner.
Copyright agent:
Copyright Agent c/o Brunello Cucinelli S.p.A.
Viale Parco
dell’Industria 5, 06073 Frazione Solomeo – Corciano (PG), Italy.
18. Choice of law
Any dispute over the Contents and the Use of this Site shall be governed by the laws of the United States and of the State of New York.
19. Communications
All enquiries, including those concerning Orders, should be submitted to customerserviceusa@brunellocucinelli.com or notified to Brunello Cucinelli by using the contact form available in the “Contact Us” section of the Site main menu.
20. 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.
These Terms and Conditions are subject
to copyright. Any
unauthorized reproduction, even partial, of these Terms and Conditions
is strictly
forbidden.
Product exchanges and Returns
Customers can return a Product or exchange
a Product for
an item of different colour and size, when available in stock, or return
the Products
within 30
(thirty) days from the date of delivery of the
Product.
In case of return, the Seller
will proceed to refund the
Customer for the full Purchase price paid (with the exception for the
amount paid by using Voucher or Discount codes, as indicated under
Section 11), 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 return,
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
For more detailed information on the return procedure, please see: Return
procedure
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 having attached the security
tag and all labels, in its original
packaging and with all the
accessories and covers (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 packaged
appropriately. All shoes should be tried on a carpeted surface; in case
of any sole degradation,
the Seller 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”).
To enjoy this service, Customers are required to complete the
electronic
Return request with the pickup address, pickup date and
contact details. If Customers want to change
the pickup date after
submitting the electronic Return request, they must contact FedEx (Fedex)to
agree for a new pickup date, referring to the Tracking number reported
in the email received at the
end of the return process.
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 should dispatch
the Products for return from the same country where the Products were first delivered.
Products
can also be returned to one of the Brunello
Cucinelli boutiques indicated during the return process.
In this case,
after indicating the Product to return or exchange, Customer should
select the
“Return in a store” option, then choose a boutique from the
list of available boutiques and select
a date and time for the Return in
boutique. After completing the online procedure, the Customer will
receive a Returns Merchandise Authorization email, reporting a summary
of the inserted information.
Customer must return Products to the selected Boutique within
15 (fifteen) days after
the receipt of the Returns Merchandise
Authorization.
Customers are invited to return
the Orders at the designated
boutique in person or by delegating another person, whose personal data
(such as: name, surname, email and phone number) must be indicated
during the return process.
The person designated for the Return in boutique must bring
the following documents
to the Brunello Cucinelli boutique:
- 1. A copy of the Purchase confirmation; and
- 2. A copy of the Returns Merchandise Authorization email; and
- 3. A copy of the Customer’s ID;
- 4. A copy of their own ID.
The Seller may refuse to accept any further Orders from a Customer after multiple returns on previous purchases by the same Customer.
