General Terms and Conditions of Sale
Introduction
The offer and the sale of the products executed through our website “www.battistoni.com” (hereinafter, the “Website”) is governed by the following General terms and conditions of Sale (hereinafter, the “Terms and Conditions”), together with the Conditions of Use and the Privacy Policy.
The products purchased on the Website are sold directly by Battistoni S.p.a. (hereinafter “Battistoni” or the “Seller”), with its registered office in Italy, Rome, via Condotti 61/A, tax code no. 00017750589 and VAT no. 00871931002.
Any information regarding the purchase of the products can be requested through our customer service by contacting Battistoni at customer-care@battistoni.com.
For any other legal information please refer to the following sections: Terms and Conditions of Use and Privacy Policy.
Commercial Policy
The products offered for sale on the Website and the use of Battistoni’s remote sale service are exclusively reserved to consumers over the age of 18 (hereinafter the “Customer”) meaning natural persons acting for purposes not related to the business or entrepreneurial activities possibly carried out.
In view of its commercial policy, Battistoni therefore reserves its right not to execute orders from parties with characteristics other than the Customer, or in any case orders that do not comply with its commercial policy.
These Terms and Conditions only govern the offering, the placing and the acceptance of purchase orders between the Customer and Battistoni through the Website. It is expressly excluded that such Terms and Conditions shall govern the provision of services or the sale of products by parties other than Battistoni which may be present on the Website through links, banners or other hyperlinks.
In any case, the Seller is not responsible for the provision of services by third parties or the conclusion of electronic commerce transactions between the Customer and third parties.
The on-line selling system, which presupposes active intervention by the Customer, was implemented in full compliance with the regulations on distance selling and, in particular, with Articles 49 et seq. of the Consumer Code.
Mode of purchase
Products
The products offered for sale by Battistoni (mainly tailored suits and leather goods) are exclusively those on the Website at the time when the Order is placed (the definition of “Order” is specified below), as described in the relevant information sheets. For each product, the information sheet displays the item’s photographic images, unit price, colours and sizes, as well as its description.
These images are for information purposes only and do not constitute a contractual element as they are merely representations and, therefore, may not be perfectly representative of the characteristics of such products (i.e. there may be some discrepancies in colour and size due to the technical characteristics and colour resolution of the device used).
How to place the order
The Customer may select the products of his/her interest and their colour and size. The item selected for purchase will be loaded into the appropriate “Shopping Bag”. The Customer cannot upload a product into the Shopping Bag and proceed with the purchase in a subsequent Internet session. If the shopping process is not completed, the contents of the Customer’ shopping cart will be deleted.
In order to continue with the purchase order (the “Order”), the Customer must follow the instructions on the Website and fill in the Order form and send it. Before confirming the Order, the Customer is required to carefully examine these Terms and Conditions as well as the characteristics of the products he/she intends to purchase, the relevant price (where all applicable taxes and/or duties and any additional items are specified) and the shipping costs (including any additional costs to be incurred for having chosen a type of shipment and delivery that is faster and/or different from the standard type).
The Order is linked to the Terms and Conditions and contains a summary related to essential characteristics of each ordered product such as its price (including all applicable taxes or charges), the methods of payment that can be used to purchase each product, the methods of delivery of the purchased products, shipping and delivery costs, the conditions for the exercise of the right of withdrawal, the methods and times of return of the purchased products.
Before purchasing the products, we recommend to the Customer to print and or store for its own use a copy of the Order.
The Order will be stored in our database for the period necessary to process it and in any case within the legal deadlines.
You can access the Order by consulting the “Orders” section.
Conclusion of the agreement
By placing the Order, the Customer unconditionally agrees and undertakes to observe these Terms and Conditions in his/her relations with the Seller, confirming that he/she has carefully read and understood them. The Customer also declares that he/she has read and accepted the additional information contained on the Site, including the Conditions of Use and Battistoni’s Privacy Policy.
The Order therefore constitutes acceptance of the offer made by the Seller and the contract shall be deemed to have been executed when the Seller receives the Order electronically, prior verification of the correctness of the data relating to the Order.
Once the contract has been concluded, the Seller takes charge of the Order and dispatches the purchased product.
If the Order is successful (including the payment procedure), Battistoni will confirm its correct receipt by replying by email to the email address indicated by the Customer in the relevant form.
This confirmation message shall set forth all the details of the Order, including the Terms, with an express reference to the Customer’s right of withdrawal and therefore all the information contained in the commercial and contractual conditions examined before placing the Order (the main features of the product, the total order price, the method of payment, the methods of return and the shipping costs) in order to allow the Customer to review such information.
If the product purchased by the Customer is no longer available after the conclusion of the contract and the Customer has already made the payment, the Seller shall proceed in the manner and within the time periods stipulated in the following paragraph (Unavailability of products).
The Customer may request an invoice from Battistoni after receiving the email confirming the shipment only if at the time of purchase, he/she clicked on the relevant link and entered his/her tax identification number.
Failed Orders
Battistoni may not be able to fulfil orders that are incomplete or inaccurate or in the event of unavailability of the products, or in the event that the Customer does not give sufficient guarantees of solvency.
In these cases, the Seller will inform the Customer by e-mail that the contract is not concluded and that the Seller has not followed up on the Purchase Order, specifying the reasons.
Battistoni does not guarantee the availability of the products offered on the Website, being subject to stock limits. The Customer must check the availability of the items offered on the Website at the time of purchase.
Unavailability of products
In the event of temporary unavailability of certain selected products which may occur after the conclusion of the contract, Battistoni must inform the Customer by e-mail within 7 days from the day following receipt of the Order by the Seller and will indicate the deadline within which the products will be delivered to the Customer, without prejudice to the exercise of his/her right of withdrawal and the consequent possibility of obtaining the reimbursement of the amount paid.
Should the selected products be definitively unavailable or no longer for sale once the contract has been concluded or when the Order is placed, the Seller shall inform the Customer promptly, and in any case within 7 days from the day following receipt of the Order by the Seller. In such circumstances, the Seller shall refund the amount paid by the Costumer according to the procedure provided for in paragraph (method of reimbursement).
Customised products
For products for which customisation is possible, the Customer may request Battistoni to make the necessary modifications by presenting an alphanumeric combination that will be applied by Battistoni to the requested product.
The Customer expressly warrants that the submitted requests do not contain expressions that may be considered obscene, offensive, discriminatory or do not contravene breach of the peace laws, as well as that such requests do not breach any applicable law or the rights of any other third party. Should that not be the case, the Customer shall be solely and exclusively liable in this respect.
Furthermore, at its sole discretion, the Seller reserves the right to not accept a proposed combination, i.e. in case it may be considered offensive or contain third party trademarks or copyrights, it being understood that there is no obligation to control the request sent to the Seller.
Prices
On the Website are only offered Battistoni branded products produced directly by the Seller at its fashion house and/or at the manufacturer authorized by the fashion house.
The products offered on the Website by the Seller are not used, irregular or of lower quality than the corresponding standards offered on the market.
The essential characteristics of the products on the Website are specified in each product sheet.
Product prices may be subject to updates. The prices indicated on the Website are to be considered expressed in Euro and indicate all taxes and/or duties and/or any other applicable amount and the price of delivery according to the country in which the product is to be delivered. The Customer must therefore acknowledge the final sale price before placing the Order, although said price will still be shown, in all its items, before the Customer presses the final Order confirmation button.
Warranties
Pursuant to the applicable laws, all products sold by the Seller are covered by a twenty-four month warranty for product’s lack of conformity. The Customer shall communicate the product’s lack of conformity to the Seller within two months of his/her discovery by contacting the Customer Service (customer-care@battistoni.com e-mail) and following the instructions provided.
In the event of a lack of conformity, once the Customer has made a complaint pursuant to the terms and conditions set out in the previous paragraph, the Customer is entitled to request, without costs, the repair or replacement of the product, an adequate price reduction or termination of the contract, as specified in the following paragraphs.
Repair or replacement
The Customer may alternatively request, at no cost, that Battistoni repair the product or replace it, unless the requested remedy is objectively impossible or excessively costly compared to the other. The remedy is considered excessively expensive if it imposes unreasonable expenses on the Seller considering:
- the value that the item would have if there were no lack of conformity;
- the extent of the lack of conformity;
- the possibility that the alternative remedy could be implemented without significant inconvenience for the consumer.
In any event, the product must be repaired within a reasonable period and, in any event, no later than 3 months from the Customer’s request.
Price reduction or termination of contract.
The Customer may request, at his/her discretion, a suitable price reduction or termination of the contract where:
- repairs and replacements are impossible or excessively costly;
- the Seller has not repaired or replaced the items within 3 months from the Customer’s request;
- the replacement or repair previously carried out has caused significant inconveniences to the Customer.
Termination of the contract is not feasible where it has not been possible or excessively costly to carry out the remedies of the repair or replacement.
Customer Service Process
Where the Customer claim the lack of conformity on the basis of a statutory warranty of conformity, the Seller may offer the Customer any other remedy available and, if the Customer has not already requested a specific remedy (in this case the Seller is obliged to implement it unless the Customer accepts the proposed remedy), the Customer may accept the proposal or reject it by choosing another remedy.
Payments
For the payment of the price of the products and the related shipping and delivery costs, the Customer may follow one of the methods indicated in the form on the Website. Under no circumstances the Customer may be charged for costs higher than those actually incurred by the Seller in relation to the payment method chosen by the Customer.
Purchases may only be made by Visa and American Express credit cards and the transaction will be made through a secure server chosen by Battistoni. It should be noted that there are no additional costs relating to the payment method chosen.
In the case of payment by credit card, financial information (e.g. credit/debit card number or due date) will be forwarded to an external payment service provider (PSP) which, through an encrypted protocol certified by SSL, guarantees the security of transactions, to Banca Sella or to other banks which provide related electronic payment services remotely, without third parties being able to access them in any way.
Furthermore, such information will never be used by the Seller except to complete the procedures relating to the purchase and to issue the relevant reimbursements in the event of any returns of products, following exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site.
In no case and at any stage of the payment process, Battistoni will be able to know the information related to the credit card of the Customer, which will be transmitted through secure connection directly to the website of the bank that manages the transaction. No computer archive of Battistoni will keep such data and therefore under no circumstances Battistoni can be held liable for any fraudulent and undue use of credit cards made by third parties at the time of payment.
The price of the products and the shipping costs as indicated in the Order will be charged to the Customer’s bank account when the Order is placed.
Delivery
Products shall be delivered by Battistoni or its logistics service providers to the address indicated by the Customer in the Order or to third parties if expressly indicated by the Customer. The contractual delivery deadlines are to be considered as indicative only and a delay or any delivery made with successive divided shipments, do not entitle the Customer to refuse delivery and to request compensation or indemnities.
For orders exceeding € 500,00 the shipping costs are free.
The Seller reserves its right to accept or not accept deliveries required from countries not listed below:
- EU country;
Delivery locations, times and costs can be found in the “Shipping and Returns” section.
Withdrawal
The Customer has the right to withdraw from the contract concluded with the Seller, without any penalty and without giving any reason, within 30 days from the day following receipt of the products purchased on the Website.
By activating this procedure, the Customer will return the product and the Seller will refund it.
It is understood that it is not possible to change the chosen item with another, even if it is the same model but in different colour, unless the change concerns the size (see the section entitled Return) – and without prejudice to the provisions of the Guarantee procedure.
Therefore, if the Customer wishes to change the product purchased, even if he/she wishes to change only the colour of the product, he/she can do so by exercise his/her right of withdrawal, in the following ways and terms, using the instructions at the following link https://www.fedex.com/it-it/shipping/global-returns.html, and subsequently proceed with a new order.
It is understood that shipping costs for the return of products will be free of charge only for shipments – both return and shipment of a second purchase – to be made in Italy, while the Customer will be subject to the application of the return’ shipping cost in the event he/she has requested delivery abroad (the shipping cost will be subtracted from the reimbursement due) as well as for any new purchase’s shipping cost.
Once withdrawal from the contract has been exercised, the products must be returned to the Seller and the delivery to the courier must in any case take place within the deadline set in the Customer’s right of withdrawal (or 30 days from the day after receipt of the products purchased on the Website).
Return
If, on the other hand, the Customer wishes to change the size of the purchased item, a return can be made under the terms indicated in the following link https://www.fedex.com/it-it/shipping/global-returns.html. It is understood that the return cost shall be borne by the Seller, regardless of the place of delivery indicated by the Customer, provided that this place remains unchanged between the first and second orders.
Return in store can only be made at the Battistoni point of sale in Via Condotti 61/A.
The Right of Withdrawal – in addition to compliance with the terms and conditions described in the preceding paragraphs, shall be deemed to be exercised correctly if the following conditions are also fully met:
- it was made via the link https://www.fedex.com/it-it/shipping/global-returns.html;
- products must not have been used, worn or washed;
- the tag has to be still attached to the products together with the disposable seal which constitutes an integral part of the product;
- the products must be returned in their original packaging;
- the returned products must be delivered to the courier within 30 days starting on the day following receipt of the products purchased on the Website;
- the products must not be damaged.
Refund
Verification procedure
If the right of withdrawal is exercised in compliance with the terms and conditions set forth in this paragraph, the Seller shall refund any sums already collected for the purchase of the products according to the terms and conditions set forth.
The sums will be refund to the Customer as soon as possible and, in any case, within 14 days of the date on which Battistoni received the products subject to withdrawal, the Seller shall activate the reimbursement procedures, once the correct execution of the terms and conditions indicated above has been verified.
The Customer will not be entitled to a refund if the terms and conditions for the exercise of the right of withdrawal referred to in points 1) to 6) of the preceding paragraph are not met.
Refund methods
In both cases, the Seller proceed with the refund using the same payment method the Customer used for the purchase. If there is no correspondence between the recipient of the products indicated in the Order and the person who made the payment, in the event of exercise of the right of withdrawal the refund shall in any case be made by the Seller to the person who made the payment.
Courier
The Seller indicates as the carrier for the return of the products the courier Fedex Express Italy S.R.L., with registered office in Cernusco Sul Naviglio (Mi), S.S. Padana Superiore 2/B, VAT no. (10006060965).
Privacy
Information on the processing of personal data is contained in the Privacy Policy.
In addition, we recommend that you read the Terms of Use because they contain important guidelines on our processing of your personal data and on the security systems in place.
For any other information about our Privacy Policy, please contact info@battistoni.com.
Governing Law and Dispute Resolution
These Terms and Conditions are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, on the consumer code to Chapter I “Rights of consumers in contracts”, with specific reference to legislation on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects relating to e-commerce.
Amendments
The Terms and Conditions of sale are amended from time to time, also in view of any regulatory changes. The new Terms and Conditions of sales shall be effective as of the date of publication on the Website.