1 Online shopping: definitions and subject matter of the contract
1.1 The supplier of the products is Bros Manifatture s.r.l., hereinafter “the Company”, with registered office in Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy .
1.2 The term “Site” refers to the Internet site www.brosway.com, reserved for the sale of Bros Manifatture S.r.l. products.
1.3 “On-line” sales contract means a remote contract, i.e. a legal transaction involving movable goods and/or services concluded between a supplier, Bros Manifatture s.r.l., and a consumer, the customer, under a remote sales system organised by the supplier, which, for this contract, uses only remote communication technology – known as “internet”.
1.4 All contracts, therefore, will be concluded directly through the consumer’s access to the website corresponding to the address www.brosway.com where, following the indicated procedures, the contract for the purchase of the goods will be concluded.
1.5 A consumer is a natural person who purchases goods and services for purposes not directly related to their professional activity.
1.6 The term “Order” refers to the request form for the products on sale, filled in by the Customer via the website. The “Products” are the goods on sale on the website, on the basis of the general conditions of sale. The “Price” is the consideration for the sale of the products.
1.7 The “Parties” are “Bros Manifatture S.r.l.” hereinafter “the Company” and the purchaser hereinafter “the Purchaser” or “the Customer”.
2 Applicable regulations
2.1 Purchases made on the www.brosway.com website are governed by these General Terms and Conditions of Sale, as well as by the conditions indicated from time to time on the aforementioned website on the date of stipulation of the contract (price list, type, technical characteristics), and also by the provisions of Legislative Decree No. 206/2005 on consumer protection (Art. 45 – 68 on remote contracts and Art. 128-135 on the guarantee of conformity of goods), and finally by the provisions of Legislative Decree No. 70/2003 on electronic commerce.
2.2 These General Terms and Conditions of Sale are to be considered an integral and substantive part of the contract: we therefore invite the Customer, before sending their order, to read these General Terms and Conditions of Sale and the information described herein carefully, printing them or saving them on another lasting medium accessible to them.
2.3 The placing of an order by the Customer constitutes acceptance of the General Terms and Conditions of Sale in force, which are understood to be those published on the website www.brosway.com at the time the Customer sends their order.
2.4 Items on the website may only be purchased, while stocks last, by persons aged 18 or over.
3 Customer obligations
3.1 Once the online purchase procedure has been completed, the Customer undertakes to print and keep these general terms and conditions, which, moreover, they will have already read and accepted as a compulsory step in the purchase, as well as the specifications of the product purchased.
3.2 These terms and conditions may be updated or amended at any time by the Company, which will notify the customer by posting a notice on the website. Whenever there is a change in these general conditions, the consumer undertakes and is obliged to ensure that they are printed and kept.
3.3 The purchaser is forbidden to enter false and/or invented and/or fictitious data in the registration procedure required to activate the process for the execution of this contract and related further communications; the personal data and e-mails must be exclusively their own real personal data and not third party or fictitious data.
3.4 It is expressly prohibited to make duplicate entries corresponding to one person or to enter the data of third parties.
3.5 The Company’s management reserves the right to prosecute any violation or abuse in the interest and for the protection of all consumers.
3.6 The Customer indemnifies the Company against any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Customer, the Customer being the sole subject responsible for the correct entry of such data.
4.1 The prices shown on the www.brosway.com website are in euros, include VAT and all other taxes and duties, and refer solely to products sold online.
4.2 The price applied will be the price in force at the time of the order, irrespective of any subsequent price increases or decreases (e.g. due to promotions at a later date).
4.3 The Company reserves the right to change the prices of the products without prior notice: any new amounts will be in force from the moment they are published on the website www.brosway.com and will be applied to sales made from that moment.
4.4 Shipping costs must be added to the price: these costs will be calculated according to the weight and quantity of the products and according to the destination of the order; in the event of delivery abroad, any additional costs due to taxes or duties provided for by the regulations in force in the country of destination will be borne by the Customer.
4.5 The total amount of the order (price + shipping costs) will be visible before you proceed to confirm your purchase.
4.6 Fiscal documentation will be issued by the Company at the time of delivery of the products: it will indicate the products purchased and their prices in detail.
5 Product features and availability
5.1 The characteristics of the products are those visible online at the time the order is placed.
5.2 The Company displays the products as truthfully and accurately as possible; however, the colours, as well as the other aesthetic characteristics of the product displayed may vary due to the user’s monitor, as well as for other technical reasons beyond the control of the Company, which therefore does not guarantee that the colours, as well as the other technical and aesthetic characteristics displayed, will be reproduced on the screen in a way that perfectly corresponds to reality.
5.3 The type of products published online and their availability (which is not binding) may change at any time without any liability on the part of the Company.
5.4 The Bros Manifatture s.r.l. computer system is designed to guarantee the immediate execution of orders and to avoid unnecessary waiting time for the customer; in fact, it indicates the physical availability of the product in its electronic catalogue in real time. If an order exceeds the quantity in stock, the company management will inform the purchaser whether or not the product is available in the future; if so, the system allows only the quantities in stock to be taken “to the checkout”, purchased and received within the set time.
6 Contract conclusion and orders
6.1 The purchase contract is concluded exclusively online, by means of the exact filling out of the order and the consequent consent to the purchase expressed by the Customer according to the procedures indicated on the site.
6.2 The Customer undertakes and is obliged, once the on-line purchase procedure has been completed, to print and keep these General Terms and Conditions of Sale as well as the specifications of the product purchased provided on the site.
6.3 Upon receipt of the order, the Company will send the Customer an e-mail confirming the order within the subsequent 3 to 5 working days, summarising the details of the order: the Customer is requested to print the e-mail and keep it.
6.4 The contract will be concluded when the Customer receives the order confirmation.
6.5 If the Customer does not receive an order confirmation within the above-mentioned period, the relevant order will be deemed not to have been accepted by the Company and will therefore have no effect.
7 Payment Methods
7.1 Upon receipt of the order confirmation from the Company, the Customer may pay using the following methods, indicating the order number in the reason for payment;
– Credit card: during the purchase process choose the appropriate card (Visa, Visa Electron, Maestro, MasterCard, Aura and JCB) and enter the required data. The amount will be charged at the time of payment.
– PayPal: to buy online, without having to enter your credit card details or bank account details on the site. The account is debited upon completion of the order. If you are already registered with PayPal, log in with your account credentials, otherwise to register a new PayPal account, visit paypal.com.
– Scalapay: when you confirm your purchase, you will be redirected to Scalapay, where you will have to log in or create a profile in order to pay the first instalment (one third of the total value of your order). The next 2 instalments will be charged in the next 2 months.
7.2 As orders may only be placed by persons of adult age, the Company will not be liable for orders placed by minors without parental permission.
7.3 The order is shipped upon receipt of payment and according to the timeframe set out in the shipping policy.
8 Payment security
8.1 The payment transaction takes place on a secure page, which uses SSL (Secure Socket Layer) certificates, a system that guarantees maximum security for online transactions, and the related monetary transactions take place via the Braintree payment gateway (Paypal Group).
8.2 In order to protect the Customer’s credit card purchases, they will be asked to enter their CVV code with each order. Thanks to this security system, the Customer’s credit card data will be totally unreadable to third parties.
9 Shipping and Delivery
9.1 The Company will not be obliged to dispatch the products until it has received full payment of the price.
9.2 The Company guarantees delivery within 3-5 working days for orders placed Monday to Friday before 3:30 p.m. Working days are Monday to Friday.
9.3 For Basilicata, Campania, Calabria, Puglia and the islands, delivery may take an additional day.
9.4 Deliveries are made during office hours from Monday to Friday, excluding public holidays. The courier will make 3 delivery attempts; after the third attempt, the order will go into storage.
9.5 All orders are processed automatically and we are not in a position to change shipping and delivery times.
9.6 Bartolini is the authorised courier for the Company’s shipments.
9.7 Shipping is free of charge for a purchase order over €19, for lower orders the shipping cost is €4.50
9.8 The Customer will be kept informed throughout the duration of the transaction. When the order is sent, the Customer will receive an order summary confirmation email. When the package leaves the warehouse, the Customer will receive an order tracking code and the web address where they can follow the delivery status of their shipment online and know the expected date when they will receive their order.
9.9 In the event that the Customer’s data indicated in the order is incomplete or otherwise inaccurate (so as to make delivery impossible), it will be the Customer’s responsibility to verify completeness and accuracy through the order confirmation that they receive by email and to contact the Company at this address email@example.com.
9.10 The Company will not be liable for any delays caused by the fault of the courier.
Upon receipt of the product, the Customer, or a person appointed by them, is invited to check:
that the package is unopened, not damaged, not wet or in any case altered, including the sealing: any complaints must be reported to the courier and these must be reported when signing for the collection by means of the wording “collected subject to check”; otherwise the package will be considered correctly delivered;
that the products correspond to what is indicated in the transport document and/or invoice in terms of both number and type; any disputes must be reported to the courier and these must be accounted for at the time of signing for collection by means of the wording “collected subject to check”; otherwise the contents of the package will be considered free from defects.
10 Termination of contract and express termination clause
10.1 The Company has the right to terminate the contract by simply notifying the Customer with adequate and justified reasons, in which case the Customer will only be entitled to a refund of any sum already paid.
10.2 The obligations assumed by the customer under Art. 3 (Obligations of the Customer), as well as guarantee of successful completion of the payment that the Customer makes by the means referred to in Art. 7, are of an essential nature, so that, by express agreement, failure by the Customer to comply with any one of these obligations will result in the legal termination of the contract under Art. 1456 of the Civil Code, without the need for a judicial decision, and without prejudice to the Company’s right to take legal action for compensation for further damage.
10.3 The Company reserves the right, as a result of any logistical and/or technical and/or organisational difficulties, to cancel the order by notifying the Customer by e-mail within 30 days, starting from the day after the Customer sent the order: in this case the Customer will not be entitled to any compensation for damage, without prejudice to the right to a refund of any amount already paid.
11 Right of withdrawal and complaints
11.1 For the company, customer satisfaction is the basis of everything. For any reason, you are not fully satisfied with your purchase, you may return your order within 30 days from the date of delivery and receive a refund for the returned products. The right of withdrawal is available to natural persons acting for purposes not directly related to their professional activity, if any. Therefore, retailers and companies are excluded from this right.
11.2 Returned items must be in perfect condition with no signs of use, in their original packaging and with the labels not removed, within 10 days from the date of sending the notice of withdrawal.
11.3 To exercise your right of withdrawal, please follow these simple steps:
– go to www.brosway.com and log in with your access credentials. If you made the purchase as a guest customer, you must register on the site to be able to make the return request;
– In the ‘My returns’ section, select the order or enter the order id of the order you wish to request a return, indicate the products to be returned and click on ‘request return’;
– enter the mandatory information marked with *;
– after receiving Pianegonda’s confirmation of acceptance of the return, print the return document (RMA) and shipping label;
– Prepare the items to be returned and place the RMA document in the well sealed and protected original packaging;
– print the shipping label to be affixed to the packaging and choose a shipping method, as indicated on the “Free Returns” page.
11.4 Return shipment is at the company’s expense.
11.5 Any complaint can be made through the contact form on the website or by email addressed to Pianegonda Customer Service – Bros Manifatture s.r.l., Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy
12.1 The refund of the amount spent depends on the method of payment chosen at the time of purchase:
– payment via PayPal the cancellation will be made directly via PayPal;
– payment by Credit Card;
– payment via Scalapay.
12.2 Refunds cannot be made to cards other than those used for the purchase.
12.3 The Company will only refund the cost of the goods shipped, within the statutory period (30 days), once it has received the goods and checked that all requirements have been met.
13 Guarantees and Liability
13.1 The Company accepts no liability for disruption due to force majeure and/or unforeseeable circumstances such as accidents, theft and/or robbery of the courier, fire, explosion, strikes and/or lock-outs, earthquakes, floods and other similar events that prevent the contract from being executed in whole or in part in the time and manner agreed.
13.2 The Company will not be liable to any party for damages, losses and costs incurred as a result of the non-performance of the contract for the above reasons, the consumer being entitled only to a refund of the price paid.
13.3 Similarly, the Company is not responsible for any fraudulent or illegal use that may be made by third parties when paying for the purchased products.
13.4 The Company guarantees the products against any defects. If the Customer nevertheless discovers a defect in the purchased products, they must report it within two months from the date on which the defect is discovered (Art. 132 Legislative Decree no. 206/2005 – Consumer Code).
13.5 More generally, the Customer is entitled to the consumer rights set out in Art. 130 Legislative Decree. 206/2005; these rights must be exercised within the terms set out in Art. 132 of the same Legislative Decree. 206/2005.
14 Limitations of Liability
14.1 The Company accepts no liability if, due to unforeseeable circumstances or force majeure, it is unable to execute the order within the timeframe stipulated in the preceding article 6.3 or any other problem in service occurs.
14.2 The Company will not be liable to the Customer, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected with the use of the Internet and outside the Company’s power of control and management.
14.3 The Company will not be liable for any damages, losses or costs incurred by the Customer as a result of the non-performance of the contract for reasons not attributable to the Company and the Customer will only be entitled to a full refund of the price paid.
14.4 The Company accepts no liability for any fraudulent or unlawful use by third parties of credit cards, cheques or other means of payment when paying for the products purchased if it can prove that it has taken all possible precautions based on the best science and experience at the time.
15 Applicable law – Place of Jurisdiction
15.1 Contracts entered into with the Company are understood to be concluded in Italy and are governed by Italian law. Any dispute relating to the application, execution, interpretation and breach of purchase contracts entered into “on line” through the website www.brosway.com is subject to Italian jurisdiction.
15.2 Insofar as not expressly provided for herein, these general terms and conditions refer to the provisions of the Consumer Code.
15.3 Any dispute between the parties in connection with this contract will be settled by the court in whose district the consumer has their residence or domicile, if located in the territory of the Italian State;
15.4 In all other cases, the territorial jurisdiction is exclusively that of the Court of Fermo, excluding any other courts.
16.1 By filling in the personal data form in the purchase procedure, required to activate the process for the execution of this contract and relative further communications, the Customer authorises “Bros Manifatture s.r.l.” to communicate personal data (as defined by art.7 GDPR 2016/679) to the couriers and/or forwarding agents of trust for the delivery of the purchased goods in order to allow the necessary procedures for their delivery.
Trademarks, logos and other distinctive signs on the site belong to their respective owners. The use of trademarks, logos and other distinctive signs, including reproduction on other websites by unauthorised third parties, is prohibited. The contents of the site are protected by copyright (text, images and graphics).
19.1 The contract supersedes all previous contracts, agreements and understandings between the parties and constitutes the entire agreement between the parties on the subject matter of the contract, together with the order, the general conditions relating to the use of the site and the conditions relating to the registration service. Any change or amendment to the contract must be accepted in writing by both parties.
20.1 All communications between the parties will be made in writing and sent to the address of the other party indicated in the contract and order. Communications sent to the other party’s e-mail address indicated on the website and in the order will also be deemed to have been sent in writing.
20.2 Notifications concerning the validity or existence of this Agreement will be exclusively delivered by hand or sent by registered letter with acknowledgement of receipt.
21 Disability and/or Ineffectiveness
21.1 The invalidity and/or ineffectiveness, even if unforeseen, of one of these conditions does not affect the validity or effectiveness of the others. Any condition which is or becomes invalid or unenforceable, in whole or in part, for any reason whatsoever: (a) will be deemed severable from these terms and conditions of sale without affecting their validity; (b) if such is possible, it will be deemed to be superseded (if necessary only as regards the country concerned) by another valid and enforceable covenant or provision whose content is as similar as possible to what has become or is deemed invalid or unenforceable.)
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Parties declare that they have carefully examined and specifically approve the contents of the following articles:
Art. 4.3 (Company’s right to vary product prices)
Art. 5.3 (no liability on the part of the Company for variations in products and their availability)
Art. 3.1 and 3.6 (the Customer’s obligation to print and keep the General Terms and Conditions of Sale as well as the specifications of the purchased product provided on the site at the end of the on-line purchase procedure).
Art. 6.4 (time of conclusion of the contract)
Art. 6.5 (non-conclusion of the contract in the event of non-receipt of the order confirmation by the Customer)
Art. 7.4 (Company’s right to cancel orders)
Art. 7.1 (Customer’s obligation to pay the price before dispatch of the products)
Art. 9.1 (the Company’s right not to proceed with shipment of the products until it has received full payment of the price)
Art. 10.1 (right of the company to terminate the contract by giving simple notice to the customer with adequate and justified reasons)
Art. 10.2 (essential nature of the client’s obligations)
Art. 10.3. (right of the company to cancel the order)
Art. 9.10 (no liability on the part of the Company in the event of delays attributable to the courier).
Art. 9.10 part one (obligation of the Customer to check that the packaging is unopened, not damaged or wet or in any case altered even in the way it is sealed and correct delivery if no reservation is made)
Art. 9.10 part two (the Customer’s obligation to check that at the time of delivery, the products correspond to what is indicated in the transport document and/or invoice both in number and type and that they are free from defects/defects in the event of non-reservation)
Art. 11.1 (right of withdrawal and time limit for exercise)
Art. 11.3 (how to exercise the right of withdrawal)
Art. 11.2 (Customer’s obligation to return the product intact, in its original packaging, complete in all its parts, within and no later than the term of 10 days from the date of dispatch of the notice of withdrawal)
Art. 12.2 and 12.3 (time limit for reimbursement of sums paid by the Client)
Art. 12.4 (no product replacement)
Art. 12.5 (Customer’s obligation to bear the costs of returning the product)
Art. 14.1 (lack of Company liability if, due to unforeseeable circumstances or force majeure, the Company is unable to execute the order within the timeframe provided for in Article 6 point 3 or if any other lack of service occurs)
Art. 14.2 (lack of Company liability for disservices or malfunctions connected with the use of the Internet and outside the Company’s power of control and management)
Art. 13.2 (lack of Company liability for damages, losses and costs incurred by the Customer as a result of non-performance of the contract for reasons not attributable to the Company)
Art. 14.4 (lack of Company liability for any fraudulent or illegal use that may be made by third parties, of credit cards, cheques and other means of payment, when paying for the products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time).
Art. 15 (applicable law)
Art. 15.4 (mandatory jurisdiction in the event of a customer having their residence or domicile outside Italy)
Art. 21 (Invalidity and/or ineffectiveness of clauses)