Terms and conditions of sale

1. Introduction

1.1 These general terms and conditions of sale (the ‘General Terms and Conditions of Sale’) govern the offer and sale of Jeanne Baret-branded apparel and accessories (the “Products”) on the website www.jeannebaret.com (the ‘Site’).

1.2 The Products purchased on the Site are sold directly by F.lli Campagnolo S.p.A. having its registered office in Romano d'Ezzelino, Via Merlo n. 2, 36060 Vicenza (VI), Italy, REA 93647, VAT Number 00170620249, Cap. Soc. (‘F.lli Campagnolo’).

1.3 Before proceeding to the purchase of the Products, each user of the Site (the ‘Customer’) is bound to examine very carefully these General Conditions of Sale prepared by F.lli Campagnolo in compliance with the provisions contained in Chapter I, Title III, Part III, Legislative Decree 206/2005 (the ‘Consumer Code’) and with the further regulations in force from time to time, and to print and keep a copy of the same. The General Conditions of Sale may be amended by F.lli Campagnolo at any time, without any prior notice thereof being given to the Customers and without prejudice to the latter's obligation to review them periodically before purchasing the Products. The new General Conditions of Sale shall be effective from the date of their publication on the Web Site and shall be applied to any sale of Products following such publication.

1.4 Except as otherwise provided by these General Terms and Conditions of Sale, the Customer may contact F.lli Campagnolo by means of the Contacts section of the Web Site or at the e-mail address customercare@jeannebaret.com or by sending a letter to F.lli Campagnolo S.p.A., E-commerce, Via Merlo, 2, 36060 - Romano d'Ezzelino (VI).

1.5 For further information of a legal nature, please consult the relevant sections on the general conditions of use of the Site and the privacy policy (respectively the “Terms of Use” and the “Privacy Policy”).

2. Limits to the Scope of Application of the Terms and Conditions of Sale

2.1 These Terms and Conditions of Sale are applicable to Customers who may qualify as ‘consumers’ within the meaning of Article 3, first paragraph, letter a), of the Consumer Code, where a consumer is defined as ‘[...] a natural person acting for purposes which are outside his or her trade, business, craft or profession’. 

2.2 The graphical representation of the Products displayed on the Site may differ from reality, also due to the quality of the display of the images attributable to the device used by the Customer. The latter, therefore, must rely on the description of the Product and its characteristics shown on the Site.

2.3 The Terms and Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than F.lli Campagnolo that may be present on the Site through links, banners or other hypertext links. F.lli Campagnolo is in no way liable for the sale of products and/or supply of services by such third parties and advises the Customer to examine very carefully the relevant General Conditions of Sale before making any purchase.

2.4 The Site can be accessed from anywhere in the world. However, the Products offered through the Site are available for delivery exclusively in the Italian territory, without prejudice to any further indications on the Site.

3. How to purchase Products on the Site - Completion and transmission of the purchase order

3.1 In order to conclude the contract for the purchase of one or more Products on the Site, the Customer must

a. register on the Site or, if already registered, log-in or, if not interested in registering on the Site, proceed with the following steps as an unregistered Customer;

b. select the Products he/she intends to purchase, together with their characteristics (e.g. colour and size) and add them to the ‘shopping cart’ using the appropriate button

c. access the ‘shopping cart’ through the appropriate button on the Site, where you can check the Products selected, their quantities and characteristics, as well as the cost of the Products;

d. once you have verified the correctness of your choices, click on the ‘proceed to checkout’ button;

e. enter the contact, billing and shipping data in the appropriate fields, taking note of the shipping costs for the selected Products. If the Customer is registered with the Site, he/she may use any data already saved in the system and/or modify them;

f. select the payment method from ‘credit card’, ‘Satispay’ and 'Paypal' and enter the relevant data;

g. a printable summary screen will open, which will include, in particular, the following information: the Customer's identification data, the main characteristics of the Product(s) to be purchased, the relevant price, the shipping costs and any additional charges, the payment method and terms, the address where the Product(s) will be delivered, the delivery time, the shipping method selected and acceptance of the General Conditions of Sale

h. declare to have read, known and unconditionally accepted the General Terms and Conditions of Sale by ticking the appropriate box at the bottom of the same;

i. click on the appropriate “proceed to payment” button. In this case: (i) if the chosen method of payment is by credit card, the order will be transmitted directly to F. lli Campagnolo, (ii) if the Customer has chosen to pay by Paypal, the Customer will be redirected to the appropriate page of Paypal for the insertion of the data necessary for payment; (iii) if the Customer has chosen to pay by Mybank (immediate credit transfer), he/she will be redirected to the appropriate web page of the banks that provide remote electronic payment services with which F.lli Campagnolo has stipulated specific agreements for the insertion of the data necessary for payment;

j. once this phase is completed, the Customer will have completed the transmission of the order and will be redirected to the page of the Site where his order number will appear (the ‘Order Transmission’).

All information provided by F.lli Campagnolo pursuant to this paragraph 3.1 can be easily printed and/or downloaded by the Customer on a computer support.

Confirmation of receipt of order, acceptance by F.lli Campagnolo and shipment

3.2 Once the Order Transmission has been carried out, the Customer receives - at the e-mail address indicated when completing the purchase order - a confirmation of receipt of the order containing a summary of the Products ordered, their price, additional shipping costs, delivery times and the means of payment selected by the Customer, together with a link to consult the General Terms and Conditions of Sale. The Customer is obliged to keep this communication. It is understood that confirmation of receipt of the order will not imply acceptance thereof by F.lli Campagnolo.

3.3 The Order Transmission constitutes an offer that the Customer submits to F.lli Campagnolo for the purchase of one or more Products. All orders shall be subject to the approval of F.lli Campagnolo, of which the Customer will be informed by the sending of a subsequent e-mail confirming that the order is being shipped (the ‘Shipment Confirmation’), within the term of 14 working days from the Order Transmission. The agreement for the purchase of a Product between the Customer and F.lli Campagnolo (the ‘Agreement’) shall be deemed concluded only when F.lli Campagnolo sends the Shipment Confirmation to the Customer.

F.lli Campagnolo reserves the right, at its sole discretion, not to accept the order, by way of example but not limited to the following cases:

i. in the event that the Products ordered by the Customer are not available. In such a case F.lli Campagnolo reserves the right not to accept the order, informing the Customer, within 14 working days from the transmission of the Order, by e-mail of the reasons for such non-acceptance; moreover, F.lli Campagnolo shall refrain from charging the payment authorised by the Customer with the Order Transfer or, in case the price has already been charged to the Customer, shall refund any amounts already received within a reasonable term and, in any case, not exceeding 7 working days following the transmission of the notice of non-acceptance

ii. in case of non-receipt of the identity document proving the actual ownership of the credit card used by the Customer, where required, as better indicated in paragraph 3.9 below

iii. in the event of non-receipt of full payment of the amount due by the Customer, as better specified in paragraph 3.11 below

iv. following multiple terminations and returns by a Customer.

3.4 Without prejudice to the provisions of the preceding paragraph, except in the event of extraordinary circumstances, F.lli Campagnolo undertakes to do everything within its power to ship the Products ordered within the date indicated in the Shipping Confirmation and, in any event, within a maximum term of 30 days from the date of the Shipping Confirmation.

3.5 The Products shall be delivered to the address indicated by the Customer when filling out the purchase order. At the time of delivery of the Products, the signature of the Customer (or of his delegate) on the courier's delivery note is required. No deliveries will be made to P.O. boxes. The courier for the delivery of the Products shall be unquestionably appointed by F.lli Campagnolo. Upon delivery of the Products, the Customer shall verify: a) the correspondence between the number of packages delivered and the number indicated on the delivery note and b) the integrity of the packaging. In the presence of damage or anomalies in the packaging, the Customer may refuse the delivery or accept it with reservation, by means of a written complaint to be indicated on the courier's delivery note.

3.6 If the addressee is absent when the Products are delivered, the courier shall leave a notice of attempted delivery at the address indicated by the Customer when completing the purchase order. In this notice, the courier shall also indicate the address where the Customer must go to collect the Products, the deadline by which the collection must be made, and its contact details. In the event of failure to collect the Products within the term indicated by the courier, the Products shall be returned to F.lli Campagnolo. In such event, F.lli Campagnolo will refund to the Customer the price of the Products, net of shipping costs which shall in any case be borne by the Customer.

Price of the Products and terms of payment

3.7 The sale price of the Products (the ‘Price’) is expressed in Euro (€) and is inclusive of VAT and all other applicable taxes, excluding any customs charges. The Price does not include shipping costs.

3.8 Each Customer, by placing an Order Transmission, warrants to F.lli Campagnolo that he/she is of legal age, has the legal capacity to act in order to purchase the Products through the Site and has the necessary authorisations to use the payment instrument selected among those available indicated by the Site.

3.9 In the event of payment of the Products by credit card, F.lli Campagnolo reserves the right to ask the Customer to transmit within 24 (twenty-four) hours from the relevant request a copy of his/her identity document proving the effective ownership of the credit card used by him/her. It is understood that, as anticipated in paragraph 3.3 above, in the absence of obtaining such document within the term indicated above, F.lli Campagnolo reserves the right not to accept the purchase order sent by the Customer.

3.10 The Price and the shipping costs shall be charged by F.lli Campagnolo to the Customer with the following timing:

Payment by credit card: on the date of the Order Confirmation. Before this date, the relevant amounts will be temporarily blocked but not yet processed;
Payment by Paypal or Satispay: automatically at the same time as Order Transmission according to Paypal's instructions.

3.11 In the event it should prove impossible to debit or block in full the amounts due by the Customer according to the payment methods selected by the latter in the Order Transmission, F.lli Campagnolo reserves the right to suspend shipment and to ask the Customer for clarifications by e-mail. Should it not be possible for F.lli Campagnolo to receive full payment of the amount due to the Customer within 7 days from the sending of such request for clarifications, F.lli Campagnolo reserves the right, as anticipated in paragraph 3.3 above, not to accept the order or, in any event, not to proceed with the execution thereof. Any customs charges shall be paid by the Customer directly to the forwarding agent. 

3.12 If the Customer wishes to receive an invoice, he must notify F.lli Campagnolo when filling out the purchase order, also providing the necessary data.

3.13 DELIVERY AND RETURN COSTS ARE FREE OF CHARGE FOR ORDERS OVER € 160.

4. Right of withdrawal. Terms and conditions for exercising the right of withdrawal

4.1 Pursuant to the provisions of Articles 52 et seq. of the Italian Consumer Code, the Customer is entitled to withdraw from the purchase agreement of Products concluded with F.lli Campagnolo, without any penalty and without obligation to state reasons, within 30 (thirty) days starting from the day in which the Customer receives the purchased Products. For the purposes of calculating this term, the date indicated on the delivery receipt of the Products issued by the carrier shall be deemed to be the date of receipt.

4.2 To exercise withdrawal, the Customer, if registered, may access his or her reserved area of the Site by using the appropriate link or, if not registered, may access the Returns section of the Site, and follow, in both cases, the procedure indicated.

Alternatively, the Customer may exercise the right of withdrawal by making another explicit declaration of the decision to withdraw from the contract to be sent by registered letter with return receipt to F.lli Campagnolo to the following address:

F.lli Campagnolo S.p.A. E-commerce Via Merlo, 2 - 36060 - Romano d'Ezzelino (VI),

or by E-mail, to the following address: customercare@jeannebaret.com.

To this end, you may use the standard withdrawal form at the end of this document as Annex A which is not, however, mandatory.

4.3 The responsibility for proving the correct and timely exercise of the right of withdrawal shall in any case be borne by the customer.

Return of Products

4.4 In case of exercise of the right of withdrawal, the Customer must return the Products to F.lli Campagnolo without undue delay and in any case within 30 (thirty) days from the date on which the Customer has communicated to F.lli Campagnolo its decision to withdraw from the agreement. The Products must be returned by the Customer to F.lli Campagnolo, following the instructions provided on the Site in the Sections referred to in paragraph 4.2. above, either by the Customer himself/herself or by delivery to a forwarding agent having an agreement with F.lli Campagnolo.  In any event, the Customer shall ship the Products for return from the same country in which the Products were delivered.

If the Customer has exercised the right of withdrawal by certified letter or by e-mail, they shall return the Products following the instructions they will receive from F.lli Campagnolo by e-mail.

4.5 Should the Customer make use of the forwarding agent indicated by F.lli Campagnolo, the only expenses to be borne by the Customer shall be those for the return of the Products purchased. In this case, such expenses shall be deducted by F.lli Campagnolo from the reimbursement of the price due, to the extent of an amount equal to the standard shipping cost of the Products purchased.

4.6 In the event that the Customer provides for the use of a shipping method at his own care, they shall personally pay the expenses for the return of the purchased Products which shall remain at their charge.

4.7 In the event that the Products are returned by the Customer, the Customer remains liable for loss or damage of the Products.

Further conditions for exercising the right of withdrawal

4.8 In addition to compliance with the terms and conditions described in the preceding paragraphs of this Article 4, the right of withdrawal shall be deemed validly exercised by the Customer if the following conditions are also fully complied with:

the Products must be in a perfect state of preservation and must have been kept by the Customer, in his capacity as custodian pursuant to Article 1177, Civil Code, with the consequence that the latter shall be liable for any damage to the Products, the loss of the same and the decrease in value resulting from their use other than that necessary to establish their nature, characteristics and functioning during the period in which they are under his custody
the Products must not be altered in their essential and/or qualitative characteristics and must not be damaged;
the Products must be returned in their original packaging;
the Products must be sent to F. lli Campagnolo in a single shipment. F.lli Campagnolo therefore reserves the right not to accept Products which are part of the same order, returned and shipped separately and/or at different times.

The right of withdrawal applies to each Product in its entirety; it cannot therefore be exercised in relation to single parts and/or accessories of the same Product.

Terms and timing of refunds

4.9 Where the right of withdrawal is exercised in accordance with the terms and conditions set forth in the preceding paragraphs of this article 4, F.lli Campagnolo shall reimburse the Customer for all payments made by the latter, including delivery costs (with the exception of additional costs deriving from the Customer's choice of a type of delivery other than the least expensive type of standard delivery). Such amounts shall be refunded by F.lli Campagnolo without undue delay and, in any case, within 30 (thirty) days from the date on which F.lli Campagnolo was informed of the Customer's decision to withdraw from the contract. In case of partial withdrawal from multiple orders, delivery costs will not be refunded.

4.10 Direct costs for the return/delivery of products (e.g. courier transport costs) are borne by the customer.

4.11 F.lli Campagnolo shall execute the refund using the same means of payment used by the Customer for the purchase of the returned Products. If there is no correspondence between the addressee of the Products indicated in the Order Transmission and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercise of the right of withdrawal, shall be made, in any case, in favour of the person who materially made the payment for the Products.

4.12 In the event that the terms and conditions for the exercise of the right of withdrawal set forth in the preceding paragraphs of this Article 4 are not complied with, the Customer shall not be entitled to obtain any reimbursement of the sums paid to F.lli Campagnolo, without prejudice to the right to re-obtain, at his own expense, the Products in the state in which they were eventually returned, by sending a written request to that effect to the following addresses:

F.lli Campagnolo S.p.A. E-commerce
Via Merlo, 2
36060 ­­- Romano d'Ezzelino (VI)

within 30 (thirty) days from the sending of the e-mail by which F.lli Campagnolo communicates to the Customer the non-acceptance of the return. Otherwise, F.lli Campagnolo may retain such Products, in addition to the sums already paid for the relevant purchase and dispose of them at its discretion, the inertia of the Customer being understood as a definitive waiver of ownership of the returned Products.

5. Warranty - Right to Repair and Replacement of Products

5.1 Pursuant to the provisions of articles 130 et seq. of the Consumer Code, F.lli Campagnolo shall be liable to the Customer for any lack of conformity of the Products existing at the time of delivery to the latter, if the lack of conformity becomes apparent within the term of 2 (two) years from delivery of the Product.

5.2 In the event of a conformity defect, the Customer is entitled to request F.lli Campagnolo to restore, at no charge, the conformity of the purchased Product by repair or replacement, pursuant to Article 130, Consumer Code; or an appropriate reduction of the Price or the termination of the contract of sale of the Product, pursuant to Article 130, seventh, eighth and ninth paragraphs, Consumer Code.

5.3 Customers shall forfeit their rights pursuant to the foregoing paragraph if they do not notify F.lli Campagnolo of the lack of conformity found in the purchased Product within the term of 2 (two) months from the date on which such lack of conformity was discovered.

5.4 The report of the defect must be made in writing, by registered letter with return receipt sent to the registered office of F.lli Campagnolo at the following address:

F.lli Campagnolo S.p.A. E-commerce
Via Merlo, 2
36060 ­­- Romano d'Ezzelino (VI)

or alternatively by e-mail to customercare@jeannebaret.com quoting: (i) the code of the Product concerned; (ii) the number of the relevant purchase order (or copy thereof); (iii) a detailed description of the type of defect or fault found; (iv) some photographs of the Product concerned and, where applicable, of the defect or fault found.

5.5 The essential characteristics of the Products are presented on the Site within each product sheet. However, the Customer, by placing the Order, expressly acknowledges that the images and colours of the Products may not correspond to the real ones due to the effect of the browser and monitor used by the Customer while browsing the Site.

5.6 Unless otherwise provided for by the Terms and Conditions of Sale or by applicable laws, the liability of F.lli Campagnolo with respect to the Products purchased on the Site shall be limited exclusively to the purchase price of the Products in question.

In any event, F.lli Campagnolo shall not be liable for indirect losses which are a collateral effect of the main loss or damage, such as loss of profits or loss of opportunities; nor for the impossibility to deliver the Products or to perform its other obligations under these General Conditions of Sale, when such failure is due to an event beyond its reasonable control, including but not limited to fires, floods, storms, riots, civil unrest, war, nuclear accident and terrorist activities.

Nothing contained herein shall limit or exclude the liability of F.lli Campagnolo where an exclusion or limitation of liability is contrary to applicable law.

6. Invalidity of clauses

The Terms and Conditions of Sale supersede any other document governing the relationship between the Customer and F.lli Campagnolo in relation to the sale of Products made through the Site. Any invalidity or ineffectiveness of a single provision of the General Conditions of Sale shall not invalidate or affect the other provisions contained therein.

7. Processing of the Customer's personal data

7.1 F.lli Campagnolo informs that the personal data communicated by the Customer when registering to the Site and/or purchasing Products through the same are processed in compliance with the Privacy Policy that the Customer is invited to read carefully, print and keep.

7.2 F.lli Campagnolo also recommends the Customer to read the Conditions of Use of the Site, as they contain important information on how F.lli Campagnolo processes the Customer's personal data and on the security systems adopted to protect such data.

7.3 To receive any other information on the management of his personal data, the Customer may send requests to the e-mail address privacy@campagnolo.it or to the address of the registered office of F.lli Campagnolo, in Romano d'Ezzelino, Via Merlo, 2 36060 (Vicenza), Italy.

8. Language of the Terms and Conditions of Sale

The Terms and Conditions of Sale are prepared in Italian with courtesy translation in several languages. In the event of any inconsistencies between the Italian version and the relevant translations, the Italian version shall prevail.

9. Applicable Law

The Terms and Conditions of Sale shall be construed as governed exclusively by Italian law, with the express exclusion of the application of the Vienna Convention on Contracts for the International Sale of Goods of 1980.

10. Jurisdiction

Any dispute arising out of or relating to the use of the Site or such contracts shall be settled by the Court of the place of residence or domicile of the Customer.

Furthermore, in accordance with EU Regulation No. 524/2013, the customer has the right to seek out-of-court settlement of consumer disputes via the Internet site http://ec.europa.eu/consumers/odr/.

 

ANNEX A - FORM FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL

For the exercise of the right of withdrawal, please fill in the form below.

Dear

F.lli Campagnolo S.p.A. - E-commerce office

Via Merlo, 2

36060 Romano d'Ezzelino (VI) - Italy

E-mail address: customercare@jeannebaret..com

 

I hereby give notice of my withdrawal from the following purchase contract:

order number___________________ date of receipt of products__________________

list of products purchased that you intend to return:

Model ___________    colour ______________ size _____________q.ty _____________

Model ___________    colour ______________ size _____________q.ty _____________

Model ___________    colour ______________ size _____________q.ty _____________

Model ___________    colour ______________ size _____________q.ty _____________

Consumer purchaser data:

Full name: ____________________________________________________________

Address ___________________________________________________________________

City___________________________________________________________________________

Phone number_________________________________________________________________________

E-mail address__________________________________________________________________________

 

Date: ______________________________________

Signature_____________________________________________

(only if notified on paper)