General online sales conditions
These general sales conditions (hereinafter also called “GSC”) govern the purchase of “United Colors of Benetton” and “Undercolors of Benetton” brand clothing and accessories (the “Products”) by any physical person who can be considered a consumer (the “Customer”) - in other words, a physical person who concludes a purchase contract to meet the needs of daily life outside of business or professional activities (in compliance with the provisions of Part III, Title III, Chapter I of the Italian Consumer Code, Legislative Decree no. 206/2005) - on the e-commerce website benetton.com.
The seller reserves the right to not complete orders from subjects who do not fall under the legal definition of “consumer”. In any case, whenever the purchaser cannot be considered a consumer, the purchase contract shall be governed by Italian Law, with the exclusion of the 1980 Vienna Convention on the international sale of goods.
The Customer acknowledges that:
- The website benetton.com is owned by Benetton Group S.r.l., with a single shareholder, with offices in Villa Minelli 1 - Ponzano Veneto (TV) - Italy, Share Capital €200,000,000.00 fully paid, VAT No 03490770264, Tax ID/ Treviso Business Registry no. 03490770264, R.E.A. no. 276862;
- The seller of the Products, who is a contractual party with the Customer according to these general sales conditions (GSC) is Benetton Servizi S.r.l., a sole shareholder company with its registered office in Ponzano Veneto (TV), Via Villa Minelli no. 1, share capital €5,100,000.00 fully paid, Tax Code/Treviso Business Registry no. 03505490262 (hereinafter referred to as “Benetton”).
- Orders may only be made by adults and who are not legally incapacitated.
- The contract was concluded in Italian. If there are any differences between the General Conditions in languages other than Italian and accepted by the customer, the meaning and interpretation of the General Conditions in Italian shall prevail.
ARTICLE 1 - Subject and conclusion of the contract
With these general sales conditions, Benetton sells to the customer, who purchases from a distance, the Products offered for sale on the website benetton.com (the “Website”).
The contract is only concluded over the internet via Customer access to the website benetton.com by sending a purchase order according to the procedure set forth on the website and by its acceptance by Benetton. The purchase order sent by the Customer via the Website is valid as a contractual proposal and is regulated by these general sales conditions that the customer must accept in their entirety and with no type of reserve. For that purpose, before concluding the order, The Customer must read these GSC and the pre-contractual information provided on the page.
The sales contract is completed when Benetton sends the Customer an email confirming the order. The email contains the Customer’s data, order number, price of the merchandise purchased, shipping costs, and address to which the merchandise will be sent.
The Customer will make sure the personal data contained within is correct and will promptly notify Benetton of any necessary corrections.
In the order confirmation email, the Customer will also receive a link to download and archive a copy of these general sales conditions, as set forth in Art. 51, paragraph 1 of Italian Legislative Decree 206/2005, modified by Italian Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - Art. 49 of Italian Legislative Decree 206/2005
Before completing the purchase contract, the CUSTOMER notes the characteristics of the goods, as illustrated in the individual product sheets at the time they are chosen by the CUSTOMER. Before completing the purchase contract and sending in the order, the Customer is notified of the following:
- Identification of the seller;
- Total price of the goods including taxes, with detailed information regarding shipping and any other costs;
- Payment method;
- The timeframe in which Benetton will have the merchandise delivered; - The conditions, terms, and procedures for exercising the right to withdraw (Art. 6 of these conditions) as well as the withdrawal form as set forth in Annex I, Part B of Italian Legislative Decree 21/2014;
- Information that the CUSTOMER is responsible for the cost of returning the goods in the event of withdrawal from the contract;
- Existence of the legal guarantee of conformity for the goods purchased;
- Post-sales support conditions and commercial warranties.
ARTICLE 3 - Product availability
The availability of the products indicated on the website refers to the effective availability at the time the Customer places the order. This availability must be considered indicative, however, because due to the simultaneous presence of several users on the website, the Products could be sold to other Customers before the order is confirmed.
When the products in the order are not available due to reasons beyond Benetton’s control, the order will be automatically rectified by removing the product that is not available.
The Customer who accesses the localized Website may have access to Products that are available and can be purchased in the Country where the Website is localized. The products purchased may possibly only be delivered in the Country where the Website is localized.
ARTICLE 4 - Prices
All sales prices for the products indicated on the Website are expressed in the local currency and include all taxes payable by the consumer.
The shipping costs are not included in the price of the Products but are indicated and calculated at the time the purchase process is completed and before payment is made.
In the event of a computer, manual, or technical error, or an error of any other kind that could result in a substantial change in the sales price to the public that was unforeseen by the seller, making the price extremely high or clearly low, the purchase order will be considered invalid and cancelled and the amount paid by the Customer will be reimbursed within 14 days of the cancellation date.
To conclude the purchase, the Customer may use any promotional coupons offered by Benetton as part of its advertising campaigns. These coupons may only be used according to the methods indicated in the coupon itself and may not be used retroactively and/or transferred to third parties. Promotional coupons may not be used cumulatively in the same order. If for any reason, including withdrawal or return by the Customer, the overall value of the order is less than the value of the coupon, Benetton reserves the right to invoice the original price of the merchandise that remains in the Customer’s possession. Promotional coupons will not be reimbursed if the customer decides to return all or part of the merchandise.
ARTICLE 5 - Payment method
Benetton accepts various payment methods including, for example, credit cards, debit cards, Paypal, bank transfers, and cash on delivery.
If paying with a credit card, debit card, or Paypal, the amount of the order will only be debited when the order is complete and ready for shipment.
Payments may also be made using promotional coupons.
Communication regarding the payment and data communicated by the Customer is sent over protected lines. The safety of Credit Card payments is ensured through the TLS (Transport Layer Security) encrypted data transmission protocol.
For each order placed on the Website, Benetton will issue a receipt for the merchandise shipped, at the time of payment. This document is available and can be printed in the “orders” section following fulfilment of the order.
ARTICLE 6 - Right of withdrawal
In accordance with the provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The Customer who intends to exercise the right to withdraw must communicate it through an explicit statement, which may be sent through the means indicated in the return instructions contained in the package received with the merchandise, or by accessing the “orders” section of the “Personal Area” on the website benetton.com, with the creation of a computer Return request or, if an unregistered Customer, by filling out the Return form online.
If the right to withdraw is exercised, the Customer must return the goods within 14 days of the date in which notification of the desire to withdraw from the contract is sent to the seller, as set forth in Art. 57 of Italian Legislative Decree 206/2005.
The merchandise must be shipped back to Benetton Servizi s.r.l. using the prepaid label that the Customer will find inside the package in which the merchandise arrived. Using this label, the direct costs for the return of the product are charged to Benetton.
It is the Customer’s responsibility to follow the instructions contained in the package in which the merchandise arrived and those indicated on the Website (on page Easy and free return) for the return.
The merchandise must be returned in its entirety, in the original packaging, including all of its parts (including price tag, packaging material, and any documentation and accessories) and including the tax documentation.
If able to verify that the above has been followed, Benetton will reimburse the amount for the returned products within a maximum period of 14 days.
The Customer is responsible for any decrease in the value of the goods as a result of handling them in a manner other than what is strictly required to establish the nature, characteristics, and function of the goods. Therefore, if the Products returned are damaged (for example with signs of wear, abrasion, scratches, removal of tags, removal of pendants, deformations, etc.) or do not include all elements and accessories (including tags and labels unchanged and attached to the product), instructions/notes/manual, original packaging, and warranty certificate (where present), the Customer shall be responsible for the decreased value of the goods and will only be reimbursed for the residual value of the Product.
As set forth in Art. 56, paragraph 3, of Italian Legislative Decree 206/2005, modified by Italian Legislative Decree 21/2014, Benetton may suspend the reimbursement until receipt of the goods or until demonstration by the Customer that the goods were sent to the seller.
Benetton will reimburse the amount using the same payment means chosen by the Customer during the purchase. For payments made in cash and whenever the Customer intends to exercise the right to withdraw, they must access the “Contacts” section and provide Benetton with the following bank coordinates: IBAN, SWIFT, and BIC necessary to perform the reimbursement.
ARTICLE 7 - Legal guarantee of conformity - Procedure for use
According to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free of design and material defects as well as conforming to the description published on the Website for a period of 2 (two) years from the date the Products were delivered to the Customer.
Upon arrival of the merchandise, the Customer must examine the Products in the shortest possible time and, under penalty of expiration of this warranty, communicate any defects and nonconformities within 2 (two) months from the discovery, sending the properly compiled form via email to Benetton Customer Service, with a precise indication of the defect and/or nonconformity as well as related documentation indicated in the return form (at least a photograph of the Product, the order confirmation sent by the Seller, and the receipt).
Following receipt of the form and related documentation, Benetton will evaluate the defects and nonconformities declared by the Consumer and, after performing quality checks to verify the effective Product nonconformity, will decide, at its own discretion, whether to authorize the return of the Product, notifying the Consumer via email to the address provided during the Website registration process. Authorization to return the Products in no ways constitutes recognition of any defects or nonconformities, the existence of which must be ascertained after they are returned. Whenever the Products, after said verification, are not covered by the warranty, they will be made available to the Customer again.
The Products that the Seller has authorized for return must be returned by the Consumer along with a copy of the return authorization within 30 (thirty) days of the notification of the defect or nonconformity to the following address: PVS Services Italia Srl, Strada A di Gainago 2/A, 43056 Torrile, Italy.
The application of any warranty is excluded in the event of use or washing of the Product that is not compliant with the Product and instructions/warnings provided or reported in the reference documentation, tags, or labels.
For support under the warranty, the Customer must save and show the purchase receipt.
ARTICLE 8 - Delivery method
Benetton will only accept orders to be delivered in Italy and those other countries indicated on the Website. The products will be delivered through express courier to the address indicated by the Customer at the time of the order within 30 days of the date the Customer receives the order confirmation email.
ARTICLE 9 - Responsibility
Benetton shall not be responsible for interruptions in service due to force majeure or accidents, even where due to malfunctions or interruptions of the internet network, in the event it cannot execute the order within the terms set forth in these GSC.
Whether exercising the right of withdrawal or the right of guarantee of conformity, if the goods cannot be accepted by the seller because they do not have the requirements for exercising the rights referred to in Articles 6 and 7 above, it is the Customer’s responsibility to recover the goods made available to them at their own expense. The Customer unconditionally accepts that after 30 days of the communication of being made available to the Customer, Benetton may proceed with lawful disposing of the merchandise not picked up by the customer.
ARTICLE 10 - Final clauses
The Products are sold with the characteristics described on the Website and according to the GSC published on the Website at the time the order is sent by the Customer, with the exclusion of any terms or conditions.
Benetton reserves the right to change these general sales conditions at any time, at its own discretion, without prior notice to users of the Website. Any changes will be effective as of the date they are published on the Website and will be applied only to sales made starting from that date.
The prices, Products for sale on the Website, and their characteristics, are subject to changes without notice. Before sending the purchase order, the Consumer must check the final sales price.
These General Sales Conditions are made up of the clauses included therein. If one or more of the provisions in these General Sales Conditions is considered invalid or declared to be invalid according to the law, regulations, or following a decision by the presiding court, the other provisions will continue to be fully in force.
ARTICLE 11 - Governing laws and Jurisdiction
These General Sales Conditions are governed by Italian Law. In any case, the consumer will retain any rights enforceable by law in their country.
Any disputes that are not solved amicably will fall under the exclusive jurisdiction of the Court of Treviso. As the consumer, the Customer also has the right to bring it before the courts of a member state of the European Union of residence or domicile.
Moreover, the consumer may request mediation, as set forth in Italian Legislative Decree 28/2010, for the resolution of any unresolved disputes in the interpretation and execution of these sales conditions by accessing the following website: https://webgate.ec.europa.eu/odr.