Terms and Conditions of sale
The Terms and Conditions of Sale for the purchase of products by TRACT (“Products“) displayed on this site (“Site”) owned and managed by DP Fashion Art S.r.l., Via San Francesco D’Assisi 3, Mosciano Sant’Angelo (TE), Partita IVA 01890980673 (“TRACT” or, alternatively, the “Seller“), are included in the present contract of sale (“Contract“).
Every user visiting the Site (“User“) is invited to view the Contract before completing an order for purchase of Products on the Site (“Order“). The purchase of Products on this Site implies the acceptance of these Terms and Conditions of Sale.
Any modification or amendment to these Terms and Conditions of Sale will immediately become effective after being published on this Site and will regulate all the subsequent sales of Products.
The purchase of Products on this Site is allowed only to customers (“Customers“) – meaning natural persons, eligible to execute and perform binding agreements according to the applicable law or under parental (or guardian) consent, when needed, outside of any business or professional purpose.
When submitting an Order, Customers must provide all the personal information required by this Site, including but not limited to their own first name, surname, birth date, email address, billing and delivery address. All such information must be true, accurate and up to date.
Users cannot make any purchase under someone else’s identity unless strictly authorized to do so by the identity holder.
Products sold on this Site are not meant for resale.
2. Acceptance of an Order – Contract of sale
Following the electronic submission of an Order, the Customer will receive a specific email confirming receipt of the Order.
Such communication serves to notify the Customers that the Order has been received, and to provide them with the relevant unique identifying number for the Order. That does not in any way represent acceptance of the Order on the part of the Seller. If any piece of information in the confirmation email appears incorrect, the Customer must promptly inform the Seller’s customer service (“Customer Service“) via email to: firstname.lastname@example.org or via the link included in the confirmation email. The acceptance of the Order on the part of the Seller will take place only when the latter sends the purchase confirmation to the Customer by email (“Purchase confirmation“), usually at the same time as the despatch of the Products. The relevant Contract should be considered finalised at the time of receipt of the Purchase confirmation on the part of the Customer.
Before that time, the Seller reserves the right to refuse acceptance of an Order at its discretion. In particular, the Seller shall not be responsible, in any way, in the event that a Product that has been ordered is removed from the Site following the submission of the relevant Order. It may in fact occur that the Site erroneously displays Products that are not available at that time.
In the case of partial unavailability of the Order, Customer Service will contact the Customer in order to confirm that the Customer wishes to (a) receive a partial Order, (b) the complete Order over numerous deliveries, or (c) to cancel the Order.
In the case of total unavailability of the Order, however, the Customer Service will contact the Customer in order to inform the Customer that the Order will not be processed, and will cancel the relevant Order. In such case, no charge will be imposed in relation to the Customer.
Orders may be made using major credit cards, debit cards or other methods of payment available on the Site (collectively, the “Payment methods“).
The Seller will proceed to charge the price of the purchase, as defined below (“Price“), at the same time as the acceptance of the Order. However, prior to the acceptance of the Order, security checks may be carried out regarding the Payment method chosen by the Customer for the Order, or a pre-authorisation or a pre-charge for the sake of caution.
The Seller uses a primary gateway for the authorisation of payments for Orders (“Payment gateway“); as a result, the Seller will not directly manage any financial information relating to the Payment method used by the Customer, nor will the Site process any financial information provided for the completion of the Order.
The Payment Gateway protects the details of the credit or debit card used, encrypting sensitive information in order to ensure that they are transmitted securely. The Site uses Secure Socket Layer (SSL) technology in order to guarantee a higher level of security for every Order.
In the unlikely event of error, negligence or any wrongdoing in relation to the management of the transaction linked to an Order by the Payment Gateway and/or the intermediary systems for payment, neither the Seller nor the Site will be responsible for such error, negligence or wrongdoing.
The Seller reserves the right to cancel a transaction and the relevant Order in the event that it appears that fraudulent use is being made of the Payment method adopted for the Order. Moreover, the Seller and the Site will not be responsible in the event that illegal use is made of a Payment method by third parties which is not connected to any error or negligence by the Site or the Seller.
4. Shipping and deliveries
The Seller despatches and delivers the Orders using major couriers.
The Seller commits itself to deliver the Orders to Customers in a precise and timely manner, in conformity with the terms of delivery shown on the Site at checkout and, in every case, within 30 (thirty) days from the date of notification of the Purchase confirmation to the Customer.
The Purchase Confirmation is usually sent to the Customer at the time the Products are despatched to the courier for delivery.
In certain circumstances, such as, for example, during sales periods or the closure of the business, delivery times may vary. The Seller shall not be held responsible for delays in delivery that are not connected to its fault or negligence. To this extent, the Seller shall be exempt from responsibility for delays due to force majeure, strikes, natural disasters, occurrences related to customs procedures, and any other occurrence relating to the provision of delivery services or any other circumstance outside its control.
Customers are encouraged to do everything in their power to facilitate the delivery of the Order, making themselves available for receipt or delegating to a third party.
The courier will make a first attempt at delivery of the Order at the address indicated by the Customer. Where the outcome of the delivery is negative, the courier will inform the Customer of the attempt at delivery and will try to arrange a subsequent delivery of the Order with the Customer.
In the event that the courier is definitively unable to deliver the Order, Customer Service will contact the Customer in order to verify his or her interest in a new despatch.
At the time of delivery, the Customer must verify the exactness of the number of the parcels and the integrity of the external packaging. In the event that the Customer finds anomalies with the delivery, for example in relation to the number of parcels or damage to the external packaging, the Customer must conditionally sign the delivery document and contact the Customer Service. In the event that the Customer fails to do so, the Customer will not be able to bring a claim in relation to the delivery, save for as provided under article 8 below in relation to hidden faults and in respect of any applicable consumer protection law.
The Customer may contact Customer Service by filling in the form provided on the Site (Contact section) or to the email address: email@example.com.
All the prices published on the Site are inclusive of VAT (“Prices“). Regarding the costs of delivery of the Order (“Delivery Costs”), the Customer must refer to the information provided in the “Shipping” section.
The total amount of the Delivery Costs (where such are owed), inclusive of VAT, will be visible in the summary of the Order during the checkout procedure, and will be stated in the Purchase confirmation sent to the Customer following acceptance of the Order.
Any amendments made to the Prices will have effect from the date of their publication on the Site, with no retroactive effect on Orders that have already been accepted via a Purchase confirmation.
Except in the event of a recognisable error in accordance with article 1431 c.c., the Seller reserves the right to refuse acceptance of an Order for reason of error in the Price published on the Site or indicated in the email sent to confirm the receipt of the Order, that is, before the acceptance of the same Order by the Seller.
6. Vouchers and discount codes
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 TRACT collection.
Vouchers and discount codes cannot be refunded.
7. Defective and non-conforming Products – Guarantee
Subject to the provisions set out in article 4 above, the Seller assumes responsibility for every defect in the Products.
The Seller guarantees the Customer that Products sold are not defective and that they conform to what has been set out in the Contract, that is, in particular, that the Products:
- Conform to the description provided on the Site and possess the qualities of the Products that the Seller has presented to the Customer as a sample or model;
- Are appropriate for the purpose that goods of the same kind are normally used for;
- Possess the usual qualities and characteristics of goods of the same kind, and that the Customer can reasonably expect, taking into account the nature of the good.
For technological reasons, neither TRACT, nor the Site can guarantee that the visualisation of the colours on the screen will always be accurate.
Marginal differences between the description of the Product on the Site and the actual characteristics of the Product will not be considered cause for non-compliance of the Product for the purposes of the present Contract.
The guarantee of conformity of Products sold on the Site lasts for a period of 2 (two) years from the date of receipt of the Products on the part of the Customer.
In the event that a non-compliant Product is delivered, the Customer will be able to request the reinstatement, at no expense, of the conformity of the Products by way of repairs or replacement. Where that is not possible, the Customer will have the right to a correspondent reduction in the Price of the purchase or to the refunding of the Price and (where incurred) the Delivery Costs. These Terms and Conditions of Sale shall not affect any statutory consumer right.
The Customer will notify the Seller of any failure of conformity of the Products within a period of 2 (two) months from the date on which such failure of conformity is discovered by completing the form available on the site at Contact us.
After receiving notice from the Customer, the Seller will contact the Customer to arrange the collection of the Products directly with the Customer.
The mere receipt of the Products on the part of the Seller after the initiation of the current procedure does not in any way represent recognition of a failure of conformity of the Products, there being necessary an accurate verification by the Seller.
Any direct judicial action in relation to hidden defects must be undertaken, in every case, within the period of twenty-six months after delivery of the Product.
8. Exchange and return of Products
Within 30 (thirty) days from the date of delivery of the Order, the Customer has the right to:
- Request the exchange of a Product with a unit of the same Product of a different colour or size; or
- Cancel the Contract, with no penalty and without having to provide any reason (Return).
To this end, in order to ensure compliance with the above-mentioned term, the date of delivery of the Products will be taken as the date indicated on the tracking system for deliveries made available by the courier on its own website.
Where Customers decide to request the exchange of the Products or to exercise their right of Return as set out above, Customers must previously notify their intention to the Seller by “Contact” section or sending an email to: firstname.lastname@example.org
The Customer should kindly refer to the unique identifying number for the Order, as set out in the Purchase Confirmation.
The Customer must indicate the reason for the return and any further notes (for example, the defects encountered, if any).
After receipt of the form, the Seller will confirm receipt of the form to the Customer via email, including the return merchandise authorization (“R.M.A.“). The R.M.A. could nevertheless be rescinded in the event that the Seller ascertains any failure to meet the conditions for the Return or replacement; for example, because more than 30 (thirty) days have elapsed from the date of delivery of the Products to the Customer.
For the return, the Customer will be able exclusively to contact the courier indicated by the Seller in the returns form and/or in the R.M.A. in order to arrange the return of the Products and must attach the delivery tag provided by Seller via email on the relevant parcel.
The Customer must without fail deliver the Products to the courier for the return to the Seller within 14 (fourteen) days of the date of receipt of the R.M.A. In particular:
- The returned Products should be sent back with all labels, safety tags, packaging and accessories (cases, hangers, garment covers, etc.) that came with the Order;
- The Products, labels, safety tags, packaging and accessories should not show any sign of usage, or scratches, or have been changed in any way (worn, washed, stretched, etc.) and should be sent back in the same condition in which they were sent out by the Seller and in their original internal packaging “Brunello Cucinelli”.
However, the purchase Price and Delivery Costs will not be reimbursed in relation to:
- Products that have had their security tags removed or cut off; and/or
- Products that have been used, are incomplete (in particular where there are missing parts or accessories), ruined, damaged, in a state of deterioration or dirty. Signs of use present on the soles of shoes that have been returned will prejudice the reimbursement or replacement of the Product.
- Products returned without their internal packaging.
The Customer will be considered liable for any diminished value of the Products resulting from all manipulation other than that necessary to establish the nature, characteristics and functioning of the Products.
Once the prerequisites for exchange of the Product or for Return have been verified, the Seller will communicate to the Customer its acceptance of the return and will proceed to the replacement of the Product or, in the case of Return, to the reimbursement of the purchase Price and of the Delivery Costs ultimately incurred by the Customer (“Reimbursement“).
Provided that the Customer has correctly followed the present procedure, the delivery costs for the Returns will be borne entirely by the Seller.
The Seller commits to undertake the Reimbursement procedure described above within 14 (fourteen) days from the date of receipt of the returned Products.
Reimbursement will be effected via the same Payment method used by the Customer for the Order.
Provided the conditions of Return described above have been met, the Customer will be able to return personally, or delegate such duty to another person, the Products purchased on the Site.
To return Products, the Customer must bring the following items:
- A copy of the Purchase confirmation;
- A copy of the R.M.A.;
- The original of a personal identity document that is valid and recognised on the territory where the Boutique is located.
In the event that the Customer has returned the Products without complying with the prerequisites for Return, the Seller will not be able to recognise any right of return. In such case, the Seller will return the Product to the Customer, having previously confirmed his or her availability in this regard, reserving the right to charge any subsequent delivery costs to the same.
Customers should dispatch the Products for return from the same country where the Products were first delivered.
9. Applicable law and disputes
These Terms and Conditions of Sale and the Contracts formed under the same rules are governed by Italian law.
All disputes relating to the present Terms and Conditions of Sale and the relevant Contracts made under the same rules will be recognised by the competent Court in the place of domicile or residence of the Customer, based on the applicable law, or, upon option of the Customer, the Court of Milan. The possibility of promoting the extra-judicial resolution of disputes is guaranteed, as set out by articles 66 and 141 of the Consumer Code.
10. Communications and complaints
For every communication, notification or complaint relating to an Order and to the application of these Terms and Conditions of Sale, the Customer will be able to contact the Customer Service using the relevant form on the Site at the Contact section or via email to: email@example.com.
In the present Contract, the singular form includes the plural and vice versa, depending on the context.
No waiver of the right to access remedies for the breach of the present Contract on the part of the Seller represents a waiver in relation to previous or subsequent breaches of any other provision contained in the Contract.
In the event that a provision of the present Contract is found to be illegal, null or void for any reason, such provision will be considered severable from the other provisions of the present Contract and will not affect in any way the validity and effectiveness of the remaining provisions of the Contract.