Conditions of sale
1) Definitions
2) The Parties to the Contract and access to the online purchase service for the Products
3) Object and conclusion of the Contract
4) Methods of payment and reimbursement
5) Times and methods of delivery of the Products
6) Shipping and delivery costs of the Products
7) Insurance of goods and liability deriving from transport
8) Product prices
9) Availability of Products
10) Limitation of liability of the Supplier
11) Liability for defects of the Products, proof of damage and compensable damages
12) Guarantees and methods of assistance in favour of the Customer
13) Obligations of the Customer
14) Right of withdrawal
15) Exchange of Products
16) Protection of confidentiality and processing of the Customer’s personal data
17) Method of filing the Contract
18) Communications and Complaints
19) Jurisdiction and applicable law
20) Effectiveness of the Agreement
1) Definitions
“Online Sales Contract”: sales contract concerning the Supplier’s products (as defined below), stipulated between them and the Customer (as defined below) in the context of a remote sales system through telematic tools, organized by Supplier (hereinafter the “Agreement”).
“Buyer” or “Customer”: the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to his own commercial or professional activity.
“Supplier”: means the person who carries out the sale of the goods covered by this Agreement.
2) Parties to the Contract and access to the online purchase service of the Products
The goods covered by these general terms and conditions (hereinafter the “Products”) are offered for sale by BRAGOON SRL, with registered office in Italy, MILAN (MI), Via Marina n.6, CAP 20121, CF, VAT number and registration number to the Business Register: 11288950964 (hereinafter “Bragoon” or also the “Supplier”).
The buyer (hereinafter also the “Customer”) expressly declares to make the purchase for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Access to the online product purchase service is allowed only to adults by means of a customer identification code and a keyword (hereinafter “Password”).
It is expressly forbidden for the Customer to enter false and / or invented data in the registration procedure necessary to activate the execution process of this Contract and the related further communications; the personal data transmitted by the Customer must correspond to their real personal data and not those of third parties or fantasy.
It is expressly forbidden to make multiple registrations corresponding to the same person or enter data of third parties. Bragoon reserves the right to legally pursue any violation and abuse, in the interest and for the protection of consumers. Bragoon declines to the Customer any responsibility deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, since the Customer himself is solely responsible for the correct insertion.
The Customer is obliged to take all suitable measures to ensure that the Password is kept in the utmost confidentiality and to assume responsibility for any damage caused to Bragoon and / or to third parties due to failure to comply with the aforementioned confidentiality obligations.
It is understood that Bragoon cannot in any case be held liable towards the Customer and / or third parties for the abusive use of the Password and, in general, of the online purchase service through the Website (as defined below) by subjects unauthorized third parties.
3) Object and conclusion of the Contract
With this Agreement, Bragoon sells to the Buyer, who purchases remotely, through telematic tools, exclusively the Products indicated and offered for sale on the website www.bragoon.com (hereinafter the “Website”).
The Contract between Bragoon and the Customer is concluded exclusively through the internet by accessing the Customer to the address of this Website, where, following the procedures indicated in the appropriate registration section, the Customer will subsequently formalize the proposal for the ” purchase of the Products offered for sale through the Website.
The Purchase Agreement is concluded by placing an order by the Customer with the compilation and online submission of the Product purchase order form, which will be displayed on the printable order summary web page, in which the Customer’s details are reported. and the purchase order, the price of the Products purchased and the shipping costs, the methods and terms of payment, the address where the Product will be delivered. When Bragoon receives the purchase order from the Customer, it will send an e-mail confirmation and / or the display of a web page of confirmation and summary of the purchase order, printable, in which they will be reported the data entered by the Customer in the order form. The Contract is considered finalized and effective between the parties only with the execution of the order and the sending of the order confirmation by Bragoon, having the possibility, up to that moment, to refuse the order. The aforementioned order copy will be issued by Bragoon in paper form and inserted inside the package containing the ordered Products.
Bragoon will not issue any invoice unless specifically requested by the Customer.
4) Methods of payment and reimbursement
Bragoon accepts payment for the Products ordered by major credit cards (Mastercard, Visa, American Express circuits), bank transfer, Pay Pal.
Credit card details are managed directly by credit institutions and / or financial companies, specialized in the management of online payments. The information is encrypted using encryption systems that prevent its use by third parties and is sent directly to the bank. In the event that problems and / or irregularities are found in the electronic process of purchasing the Products by credit card, Bragoon may carry out checks (such as, by way of example but not limited to: verification of credit card ownership and / or control about any abusive use of the card, etc.). At the end of this verification, if any irregularities are found, Bragoon will not proceed with the order.
In the event that no irregularities are found during the electronic process of purchasing the Products, Bragoon will proceed with the order and will arrange for the delivery of the Products, provided that there are no further impediments.
If the conditions are met, any refund to the Customer will be made:
by reversing the payment by credit card;
by reimbursement to the current account indicated by the Customer in the refund request if the Customer has paid for the Products by bank transfer.
5) Delivery times and methods of the Products
Bragoon will deliver the ordered Products via agreed couriers. The timing of the order processing may vary, from 1 to a maximum of 7 working days starting from the execution of the order and from the receipt of payment for the goods, within which the order confirmation will be issued by the Supplier and consequently accepted. the order. In the event that the Supplier is unable to ship the Products ordered within this deadline, prompt notice will be given to the Customer by e-mail and / or telephone communication, indicating the deadline within which the order will be followed. It is understood that delivery times may vary depending on the country of destination and other factors which, however, do not depend on the will of Bragoon.
6) Shipping and delivery costs of the Products
Bragoon ships with the DDP (Delivery Duty Paid) formula to EC countries, therefore in these destinations the ordered Products will arrive directly at the place of delivery indicated by the Customer in the order request, without the latter having to pay additional sums compared to what has already been paid at the time of formulation of the order. For all other countries the DDU (Delivery Duty Unpaid) formula is used, therefore the courier may present to the Customer at the time of delivery of the Products, a separate invoice with which he requests the payment of duties and taxes required by local authorities.
7) Liability arising from transport
The Supplier is not liable for any delay in the order or delivery of the products due to the carrier and for any damage caused to the goods during transport. Bragoon will entrust the carrier with goods perfectly intact and corresponding to the order requested.
Upon delivery of the Products by the courier, the Customer is required to check:
– that the number of Products delivered corresponds to what is indicated in the order confirmation sent by e-mail before shipment and on the carrier’s delivery note;
– that the Product or packaging is intact, not damaged, wet or altered.
In the event of an anomaly, the Customer will not have to accept the goods and will have to raise the complaint directly to the carrier, specifically indicating which discrepancies he has found. In the absence of this declaration, the Customer will not be able to raise further complaints regarding the existence of obvious defects in the Products delivered.
8) Product prices
All the sales prices of the Products displayed and indicated on the Website are expressed in euros (€) and constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and any other tax for what concerns the delivery within the territory of an EC country. For deliveries to non-EU countries, as specified in point 6), the courier may ask the customer for additional amounts for local taxes and duties. The shipping costs will be indicated and calculated in the purchase procedure of the Products before the order is placed by the Customer and also contained in the summary web page of the order placed. The prices indicated in correspondence with each of the Products offered to the public and indicated on the order summary web page, are valid until the moment in which the purchase order is sent. It is understood that the prices of the Products may be changed unilaterally and at any time by Bragoon, it being understood that the price of the Product indicated in the summary web page of the order placed by the Customer will be binding between Bragoon and the Customer.
9) Availability of Products
Bragoon ensures through the telematic system used, the processing and fulfillment of purchase orders for the Products. If a purchase order exceeds the quantity of Products in the warehouse, Bragoon, by e-mail and / or telephone communication, will inform the Customer if the Product is no longer available or what are the waiting times to obtain the chosen Product. , asking, in the latter case, if the Customer intends to confirm the order or not. The computer system will confirm as soon as possible the registration of the purchase order by sending the Customer a confirmation by e-mail, which does not produce any legal obligation, since it is a simple summary of the order.
10) Limitation of the Supplier’s liability
Bragoon assumes no responsibility in the event that it fails to execute the order within the timeframe provided for in the Contract due to inefficiencies due to unforeseeable circumstances or force majeure. Bragoon cannot be held liable to the Customer, except in cases of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Website, independent of the will of Bragoon, its collaborators and / or its sub-suppliers, which go beyond reasonable predictability and which cannot be remedied without precautions exceeding those of average diligence. In any case, any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order by Bragoon. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of the credit cards used to pay for the Products purchased, if it proves that it has adopted all the ordinary precautions possible at the time and on the basis to ordinary diligence.
11) Liability for defects of the Products, proof of damage and compensable damages
Bragoon cannot be held responsible for any direct and / or indirect, contractual and / or extra-contractual damage suffered by the Customer deriving from defects and / or defects of the Product if the defect and / or the defect is due to the conformity of the Product to a mandatory legal rule or a binding provision, or if the state of scientific and technical knowledge at the time the manufacturer placed the Product on the market, did not yet allow the Product to be considered defective and / or flawed. It is understood that no compensation will be due if the Customer is aware of the defect and / or defect of the Product and of the resulting danger and nevertheless has voluntarily exposed himself to it. In any case, the burden of proving the defect and / or defect of the purchased Product, the damage and the causal connection between defect and damage suffered, falls exclusively on the Customer. The Customer is aware of the fact that the Products ordered are described and photo-reproduced on the Website, therefore, the normal differences and color differences of the Products that will be delivered to him compared to the Products viewed on the Website cannot in any way be qualified as defects and / or vices.
12) Guarantees and Methods of Assistance for the Customer
Bragoon is liable for any ascertained defect and / or defect of the Product, always if attributable to the same, provided that such defect and / or defect has been reported by e-mail to info@bragoon.com, within the period of eight days from delivery of the Product.
Bragoon reserves the right to request the Customer to send photographic reproductions of the Products that are claimed to be defective and / or spoiled before authorizing returns and / or exchanges. In the event that the Products are defective and / or spoiled Bragoon will pay the transport costs necessary to return the Products to its warehouses. We do not accept exchanges or returns of Products that have been tampered with, worn, washed or otherwise altered by the Customer. It will be the Customer’s responsibility to ensure the transport of the returned goods for change to the Supplier’s address. In case of theft or loss of the returned Products, which occurred during transport to the Supplier, the goods will not be refunded. Bragoon will not accept returns of tailor-made or personalized products.
In the event that a defect is found in the Product purchased, the Customer may use the “Customer Assistance” service through the use of an e-mail address specifically dedicated to this service, indicated on the Website.
The “Customer Assistance” service will also provide the Customer:
– the assistance necessary for the solution of problems relating to any disputes and / or complaints of the Customer;
– assistance during the online purchase of the Products.
13) Obligations of the Customer
Once the on-line purchase procedure is completed, the Customer undertakes to print and keep these general conditions of sale as well as the specifications of the Product being purchased.
The Customer undertakes to pay the price of the purchased Product within the times and methods indicated in the Contract.
14) Right of Withdrawal
The Customer has the right to withdraw from the Contract, pursuant to art. 53 Legislative Decree no. 206 of 2005, as amended by Legislative Decree no. 21 of 2014, within the term of 14 (fourteen) days, starting from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Products or:
1) in the case of more than one Product ordered by the consumer through a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good;
2) in the case of delivery of a Product consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or piece;
In the event that the Customer makes use of the right of withdrawal, he must notify Bragoon by e-mail at info@bragoon.com. In any case, in order to exercise the right to a refund of the price of the Product, the Customer must return the Product intact in its packaging with labels and, in any case, not used or worn.
The Customer acknowledges that the right of withdrawal cannot be exercised in relation to Products ordered by the Customer that have been made to measure and / or personalized.
The only costs payable by the buyer for exercising the right of withdrawal, pursuant to this article, are the costs of transporting the Product to the address indicated below. Products that are not returned according to the aforementioned methods will not be accepted by the Supplier and, consequently, not refunded.
It is understood that in the event of a right of withdrawal, Bragoon is not liable for the theft or loss of the Products which occurred during the transport of the goods to the Supplier.
In case of exercise of the right of withdrawal by the Customer, the Supplier will refund the price of the Product, within 14 days from the moment in which it receives the goods in the conditions and in the manner indicated in this article. The Customer must send the goods for return to the following address:
Bragoon S.r.l.
c / o Expotrans
Via Italo Calvino 7
20017 RHO (Milan)
15) Exchange of Products
The Customer who wishes to exchange the Products purchased for reasons related to the size and / or color and / or model of the Products themselves, must proceed with the procedure referred to in art. 14 above on the Withdrawal and place a new order.
16) Protection of the Customer’s Confidentiality and Personal Data
Bragoon protects the privacy of its Customers and guarantees that data processing is carried out in compliance with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196 (“Privacy Code”). The Customer is informed of the different types of consent to the use of his personal data, which he can release on a voluntary basis and in a manner that is always revocable, by viewing the section on the Website specifically dedicated to this purpose.
17) Method of Archiving the Contract
Pursuant to art. 12 of Legislative Decree 70/03, Bragoon informs the Customer that every order sent is stored in digital form on the server that hosts the Website according to criteria of confidentiality and security.
18) Communications and Complaints
Written communications directed to Bragoon and any complaints will be considered valid only if sent by e-mail to info@bragoon.com. Through the Website, the Customer indicates his residence and domicile, the telephone number or e-mail address to which he wishes the Supplier’s communications to be sent.
It is understood that all communications from the Customer (such as by way of example but not limited to: requests, suggestions, ideas, information, materials, etc.) that should be sent to the email address (including electronic mail, at info@bragoon.co ) of Bragoon will not be considered confidential or confidential information or data.
The aforementioned communications may not have contents that directly or indirectly contravene the laws in force (also of a regulatory nature) of the Italian state or of any other state and may not in any case:
– violate the rights of third parties;
– contain information that is harmful to the rights of third parties and / or is untrue.
However, no responsibility can be attributed to the Supplier for the content, lawfulness, nature, quality and truthfulness of the information entered in the aforementioned communications by the Customer.
19) Jurisdiction and Applicable Law
Pursuant to art. 66 bis of Legislative Decree 6 September 2005, n. 206, all disputes concerning the validity, interpretation, execution, effectiveness of this Agreement will be devolved to the jurisdiction of the Court of the place of residence or domicile of the Customer, if located in the territory of the State.
This contract is regulated by the Italian law.
20) Effectiveness of the Agreement
The confirmation of the purchase order of the Products implies for the Customer the acceptance of these general conditions of contract. These general terms and conditions may be updated and / or modified unilaterally by Bragoon and will be valid from the date of publication on the Website.
