General Terms and Conditions of Sale

All products for sale are original and purchased directly from the manufacturer. Magazzini Berton S.r.l. is the official dealer of all the products and all trademarks available on this web site. The products sold are, therefore, carefully selected for their strict quality control standards.

BERTONSHOP.COM, through this Site, offers its Customers the opportunity to buy only clothes already available on stock. The Customer has not the possibility of ordering articles that are not already on stock. Therefore, the order that contains an item, which has become in unavailable in the meantime, even for a mere error, shall be deemed void.

The receipt by BERTONSHOP.COM of the Order, transmitted by the Customer through computer sending, determines the stipulation of the Contract, whereby such Order is understood as acceptance of the matching offer available on the site BERTONSHOP.COM for the individual Product or group of products. By stipulating the Contract, BERTONSHOP.COM undertakes to provide the Customer with the ordered products under the terms and conditions provided in these Terms and Conditions, without prejudice to the right not to process orders for persons who, at the sole discretion of the dealer, do not provide sufficient guarantees of solvency or who do not fall within the category of "final consumer" mentioned here below or if, for whatever reason, the ordered product is not available for sale.

By sending the Order, the Customer unconditionally accepts and agrees to comply, in dealing with BERTONSHOP.COM, with all the provisions contained in these Terms and Conditions. Therefore, the sending of the Order implies the full knowledge and the full and unconditional acceptance by the Customer of these Terms and Conditions, as well as of the additional information contained on the pages of the Web Sites referred to herein and/or connected via links, and each subsequent updates of the same, from time to time, as they are in force at the time the Order itself.

1 - Payment Information

1.1 Forms of Payment
The item purchased shall be paid when the purchase transaction is closed, via credit card or PayPal, or by bank transfer or, in Italy, paying by cash on delivery (fixed charges for this service apply as for € 9.90) or at our point of sale in Bolzano Vicentino (VI).
If payment is made by credit card or PayPal, the amount to be paid is collected when the order is executed.

Credit Card
We remind our new Customers that your first order must necessarily be checked by the bank that issued your credit card. Our bank shall therefore contact your bank to have a confirmation of your details before proceeding with the shipment.
This verification may cause a delay of a few days in the shipment of your first order. Shopping on this web site, the Customer's financial information (such as credit card number, expiration date, personal data such as name, surname, etc.)will arrive directly to the Bank entrusted with the payment transaction (Banca MPS Antonveneta, PayPal or even other banks with which we have agreements in force) by means of an encrypted protocol. Nor BERTONSHOP.COM nor any other entity can have access to such information, except through the entrusted Bank in case of disputes related to fraud (in any case, within the strict limits set forth within which BERTONSHOP.COM may exercise any of its rights against the Customer or any third party in relation to such fraud behaviors in front of the competent Authorities).

Pay Pal
Using PayPal as an alternative payment method to the credit card is simple. With PayPal it is not necessary to enter the financial information at every purchase or to share any personal information. To send a payment via PayPal just open a free account, confirm the email address and associate a payment method to your PayPal account. More information on how to activate the PayPal payment method can be found on the web site: www.paypal.com.

Bank Transfer
BERTONSHOP.COM accepts a bank transfer as alternative payment method. On the screen page, you will be provided with the bank data to perform the bank transfer, when the payment is required. We will ship your order when we receive confirmation from the bank that the bank transfer has been credited to our bank account and as soon as the goods will be available in our warehouse.
It is important to indicate the Order No. as reason for the bank transfer. Failure to include this information may result in delays in the shipment of the product and any subsequent impossibility to ship it, if meanwhile the product becomes no longer available on stock.
We remind our Customers using this payment method that if the Bank Transfer does not reach our bank account within four (4) working days, BERTONSHOP.COM reserves the right to cancel the order.

At our Store
BERTONSHOP.COM also offers the option to pay and pick up your order directly at our store in Via Zuccola 24/c - Bolzano Vicentino (VICENZA). The Customer shall submit the order confirmation to the cashiers. We underline also that BERTONSHOP.COM reserves the right to cancel the order if it is not collected paid within four (4) working days.

2 - Information on VAT Exemption

2.1 Prices and Currency
The prices of the products that are posted on the site BERTONSHOP.COM are in EURO, reflect the actual selling price of the goods, are inclusive of VAT and do not include any taxes, duties and levies applicable in the country of destination of the Products, where this is not Italy; such amount shall be borne by the Customer.
Magazzini Berton reserves the right to modify, at any time, the prices of the Products that are shown on the Site. Any changes to the prices of BERTONSHOP.COM products shall not, however, be effective against Customers who have already submitted an Order.

3 - Shipping Information

3.1 Shipping costs and delivery times

Shipments are made via carrier - BRT for Italy, DPD and FEDEX for shipment abroad or any other carrier that may be selected by us.

Shipping to Italy	Delivery Time	Costs
Standard	within 3-4 working days*	FREE for orders > € 99,00 € 6,00 for orders < € 99,00

To Italy, additional cost of € 9.90 in case of payment by cash upon delivery.

Shipping Abroad	Delivery Time	Costs
Austria \| France \| Germany \| Principality of Monaco	within 2 working days *	FREE for orders > € 250,00 € 20,00 for orders < € 250,00
Belgium \| Great Britain \| Luxembourg \| The Netherlands \| Poland \| Czech Republic \| Slovakia \| Slovenia \| Spain \| Hungary	within 3 working days *
Denmark	within 3/4 working days *
Estonia \| Finland \| Ireland \| Latvia \| Lithuania \| Portugal \| Sweden	within 4 working days *
Romania	within 5 working days *
Bulgaria	within 6 working days *
Greece	within 6/7 working days *

3.2 Shipping Date
Orders are shipped by BERTONSHOP.COM Monday to Friday pursuant to office opening hours, except for public holidays. Orders placed during the weekend will be processed on the following Monday.

3.3 Available Items: Immediate Shipment
Orders are shipped upon confirmation of availability of the goods and verification of your bank details, as well as upon confirmation of receipt of the full payment from you.
We would like to remind our Customers that the order must be given a final check by the bank, which means that the bank entrusted with reference to our BERTONSHOP.COM business will attempt to contact your bank to verify your details before we can proceed with the shipment. Such verification may cause some delay in shipping your first order.

3.4 Items No Longer Available
If an article already ordered is no longer available, BERTONSHOP.COM undertakes to send a prompt notice to the Customer via email communicating the impossibility of sending the ordered goods.
The Customer may then choose to have the full amount paid credited back to his/her bank account or to his/her credit card as soon as possible, or he/she may possibly order another item available of equal value, or receive a prepaid Coupon.

3.5 Shipment Tracking
The Customer can get information about the status of his/her order directly in his/her personal area under the section "my orders" or by accessing the website www.brt.it (under the section "Trace and tracking") or the web site of any other carrier selected by the dealer, DPD http://www.dpd.com/tracking, Fedex https://www.fedex.com/fedextrack/. The identification number of the shipment will be communicated to the Customer in the first confirmation email of BERTONSHOP.COM related to the processing on the received Order.

3.6 Shipment Insurance
Shipments by BERTONSHOP.COM are insured against theft and accidental damage. Once the shipment reaches its destination the insurance becomes invalid, even if the Customer fails to collect the parcel for any reason whatsoever.

3.7 Authorized Delivery of the Shipment
Upon arrival of the goods, Customers are requested to carefully inspect the integrity of the package before signing the evidence of duly delivery of the shipment. The packages BERTONSHOP.COM are securely packaged with custom tape.
If for any reason whatsoever, the packaging is tampered with or if the tape is not intact, Customers are kindly asked to sign the delivery receipt with reservation (mentioning, in this case, explicitly the type of detected integrity failure) or they may refuse the delivery. If the delivery has been accepted with an unauthorized signature or there is evidence of tampering with the package, Customers are kindly asked to report the incident immediately and contact BERTONSHOP.COM at customerservice@bertonshop.com or at +39 0444 356044 within 5 (five) days from the date of arrival of the parcel.
If for any reason whatsoever the shipment cannot be successfully delivered to the address provided by the Customer in the commercial contract, the package is likely to be returned to the consignor at the expense of the Customer. These amounts will be deducted from any refund due to the Customer by BERTONSHOP.COM.

3.8 Storage of the Shipment
In case of non-delivery of the shipment, after the third delivery attempt, the order will be shipped back to the warehouse of the consignor and the carrier will automatically send to the consignor (BERTONSHOP.COM) the Storage File Opening Dossier, which will report the reason for the non-delivery.
The Customer, too, will have the possibility to view the Storage File Opening Dossier and the status of his/her own order directly on the web site of the carrier:
Bartolini www.brt.it
DPD www.dpd.com
Fedex www.fedex.com
We remind our Customers that the Storage File Opening Dossier costs EUR 10 for Italy and EUR 20 for overseas shipment for each shipment made plus the cost of any delivery back/return to the consignor. For all domestic and international services, storage and non-receipt costs shall be borne by the Customer.

3.9 Documents for Shipment
As required by international trade regulations, all shipments by BERTONSHOP.COM will be sent from Bolzano Vicentino by the company Magazzini Berton Srl with an official invoice stating the exact value in Euro of the shipped items.

It is illegal to declare amounts lower than the actual ones or to request to declare the items as gifts.

4 - Right of Withdrawal. Returns and Refunds

4.1 How to Withdraw and Return the Goods
BERTONSHOP.COM has designed a simple and cost-effective withdrawal and return procedure in order to make the online shopping experience enjoyable even if the purchase does not fully satisfy the Customer.
It is possible to withdraw from the purchase of any product purchased on BERTONSHOP.COM, without being subject to any penalty, within 14 (fourteen) working days from the date of delivery (construed as the date on which the physical possession of the purchased goods is acquired; in case of purchase of several goods with an individual order and multiple deliveries, the withdrawal term elapses starting from the delivery of the last goods item; in the case of products consisting of multiple batches or pieces, the withdrawal term elapses starting from the delivery of the last batch or piece) of the product.

Within 14 days from the date of withdrawal notice, it is possible to return the product.

Rules for withdrawal and returns. The Customer shall:

1) Make sure that the products are in the same condition in which they were received, carefully folded, with all tags attached and intact.
2) Go to the section "RMA" of your account and fill out the withdrawal and return form (containing the explicit withdrawal declaration) by clicking on "Request New RMA" (In order to improve our e-commerce service, we kindly ask you to specify the reason for your withdrawal, although this does not constitute a legal withdrawal requirement).
3) Wait for a confirmation e-mail from our Customer Service. NB: The withdrawal is valid regardless of the authorization of our Customer Service, which is only necessary for the better management of the return linked to the withdrawal.
4) Fill out and print the label to be included in the package by clicking on "Print Label" on the return display screen under the section "RMA" of your account.
5) Prepare the package using the same box with which the product arrived, on which the address of the sender and receiver shall be marked in order to cover the information of the first shipment.
6) For shipments from Italy schedule the pick-up by calling the SDA area branch; for shipment from abroad, he will have to contact the customer with his trusted courier and thus proceed with the shipment.
7) Confirm the shipment by clicking on "Confirm Shipping" on the return display screen.

The costs for the return are free for Italy;

If the Customer prefers so, he/she may also choose a different carrier. In this case, transport costs and any theft or loss events will be at his direct charge.
We remind our Customers that we can only refund properly returned items. If the return goods do not meet the requirements listed above, BERTONSHOP.COM shall have the right to refuse the return and, in this case, no refund shall take place and the package will be returned to the Customer at the expense of the same.

A confirmation e-mail will be sent when we will accept the return shipment.

If the return label has been lost, the Customer can request it by sending an e-mail at: customerservice@bertonshop.com or ask the carrier to bring one when it comes to collect the parcel and fill it out with the following data: Magazzini Berton S.r.l. Via Zuccola 24/c 36050 Bolzano Vicentino VI - Italy.

4.2 Refund Timing and Modes
No later than 14 days from the date of receipt of the withdrawal notice, BERTONSHOP.COM shall reimburse the payments made for the purchase of the product (including delivery charges), using the same form of payment originally used by you (unless you consent to the use of a different means of payment among those listed below, yet, in any case, without costs resulting from the refund).

Discount Code:The Customer may request a discount code to be used for a later purchase. To take advantage of the discount code, the Customer will have to place a new order, go to the Shopping Cart, enter the discount code and click on "Apply Coupon". It shall be underlined that the value of the new order must be equal to or greater than the value of the discount code. The "discount code" cannot be combined with other codes and can be used only for one purchase transaction.

Credit Card:Our Bank will refund the amount within about 7 working days after receipt our confirmation e-mail. The time required to display the refund depends on the credit institution that issued the card.

PayPal:The refund will be visible within 24 hours after receipt our confirmation e-mail.

Bank Transfer:The refund will be made to the bank or postal account stated in the return form. Our Bank makes refunds approximately within 5 working days from our request and the refunded amount will be visible in a few days on your account statement.

5 - Coupons and Discounts

5.1 Coupons
If you are in possession of a personal discount code, you may use it upon payment by entering it in the "DISCOUNT CODE" field.
This allows you to get a discount on purchases having an equal value to that of the coupon that you’re holding or for a percentage discount on purchases.

5.2 Other Possible Promotions and Discount Codes
Other promotions may be made or discount codes may be sent depending on the notices posted on the web pages of the site www.bertonshop.com.

6 - Site Policy

6.1 Online Articles and Images
BERTONSHOP.COM and MAGAZZINI BERTON SRL cannot be made liable for the possibility that, due to a particular configuration of the computer used by the Customer or to a malfunction of the same, the colors of the products shown on the web site show slight differences compared to the original.
The images contained on the site BERTONSHOP.COM are the property of and/or legitimately available to MAGAZZINI BERTON SRL.
Any unauthorized use of these images without prior written consent by MAGAZZINI BERTON SRL will be pursued according to law. For more information please contact: customerservice@bertonshop.com.

6.2 Articles Availability
The assortment shown on BERTONSHOP.COM reflects the actual stock availability of each item per color and size. The web site is in fact connected in real time to all the stores belonging to MAGAZZINI BERTON SRL.
Once the order request is received, the Orders department of BERTONSHOP.COM reserves the right to re-confirm the availability of the purchased items, check the validity of the transaction, and check the details of previous transactions made by the Customer on BERTONSHOP.COM.
In the event that the ordered items are not available or if for some reason whatsoever the order cannot be processed as per the Customer's request, the Orders department of BERTONSHOP.COM will promptly notify this to the Customer.

6.3 Legal Terms
This notice contains the legal terms and conditions that govern the web site BERTONSHOP.COM.
By accessing the web site BERTONSHOP.COM the users agree to accept and agree to respect all the terms and conditions herein contained.
BERTONSHOP.COM reserves the right to ask the Users who do not accept or do not intend to comply with these terms to refrain from using the web site www.BERTONSHOP.COM and/or other Web Sites.
Access to the site and related services is intended solely for personal use.
Viewing the site BERTONSHOP.COM provides Customers with product information along with the opportunity to purchase the same.

6.4 Property/Copyrights & Trademarks
BERTONSHOP.COM and all its content is owned by and/or legitimately available to MAGAZZINI BERTON SRL. This includes documentation, images, fonts, design, music, software, codes and format scripts. The material contained on this web site is protected by copyright, by the regulations on the protection of databases and by the provisions of the Italian Civil Code on unfair competition.
Any reproduction, alteration, transmission, publication or redistribution to third parties for commercial purposes is strictly prohibited without the prior express written consent by MAGAZZINI BERTON SRL and/or of any parties legitimating the same.
MAGAZZINI BERTON SRL prohibits the use of content or trademarks present on this site for any purpose other than those mentioned above.

6.5 Sales Policy
MAGAZZINI BERTON SRL reserves the right to refuse an order in the event that its bank is unable to receive a verification from the Customer's bank. MAGAZZINI BERTON SRL reserves the right to refuse orders or to refuse the provision of services to anyone, at any time, with waiver from now on by the Customer to any damages and/or compensation, except where it is otherwise expressly provided from time to time by these general terms and conditions of sale or by mandatory law regulations.

6.6 End Customers
MAGAZZINI BERTON SRL has created and published the web site BERTONSHOP.COM with the aim of providing a service exclusively reserved to its Customers.
Items for sale on the site BERTONSHOP.COM are destined to the End Consumer. By End Consumer, MAGAZZINI BERTON SRL means a natural person who is acting for purposes which are not linked to his/her business or professional activity, which may include but not be limited to the resale of goods purchased on BERTONSHOP.COM.
Therefore, MAGAZZINI BERTON SRL invites the users not complying with the End Consumer definition to refrain from both trying to establish business relationship with MAGAZZINI BERTON SRL and placing orders for the purchase of goods for sale through third parties.
Considering the trade policy described above, MAGAZZINI BERTON SRL reserves the right not to process orders for goods whose use is not destined to the End Consumer or orders that do not comply with the commercial policies described above.

To place orders on BERTONSHOP.COM Customers must:
1) Be at least 18 year old.
2) Fulfil the requirements necessary to enter into legally binding contracts.
3) Have a valid e-mail address.

The Products purchased by the End Consumer are covered by the applicable legal guarantee of conformity of the goods set forth by the Italian Consumer Code (Articles 128 and ff..) protecting consumers in case of purchase of defective products, which work badly or do not meet the purpose stated by MAGAZZINI BERTON SRL or for which that asset is generally intended. For any detailed information relating to this legal guarantee, please refer to page: http://www.agcm.it/consumatore/decalogo/5102-garanzia-del-venditore-guida-per-il-consumatore.html.

6.7 Disclaimer
MAGAZZINI BERTON SRL:
- publishes information on its website in order to provide a service to its Customers; however it cannot be made liable for the possibility of any technical or factual inaccuracies and/or typographical errors for which immediate correction is forecast after reporting;
- also reserves the right to make corrections and changes to the site whenever it deems necessary, without giving specific notice of this;
- does not offer any guarantee on the compliance of the information published on its website to rules laid down by the jurisdiction of the country of residence of the Customer, in the event that this country does not coincide with the territory of the Italian Republic;
- denies all liability for any problems, damages or risks that the user may encounter while using the site;
- guarantees that its site, BERTONSHOP.COM, is protected in accordance with appropriate technical standards. If used correctly, the User is protected from the risk of viruses.
- disclaims any liability for any malfunctions related to disabling cookies in the user’s browser:
- reserves the right to amend/review the terms and conditions contained in this legal notice, by updating it whenever it deems fit, without being obliged to notify it. The user is obliged to comply with the terms stated in this legal notice, periodically checking for updates, changes and corrections.

6.8 Italian Law. Competent Court.
The web site BERTONSHOP.COM is not intended exclusively for Customers residing in Italy. Every contract entered into through the web site BERTONSHOP.COM is governed by Italian law (including the provisions referred to in Chapter I of Title III of Part III of the Italian Legislative Decree 2005/206 (Consumer Code), without prejudice to the application of the provisions of the law of the foreign State of domicile or residence of the End Consumer, only to the extent that they have mandatory nature. Users who access this site or perform transactions (including, but not limited to, the purchase of products) by doing so declare to accept, also tacitly, that any issues concerning the use of the Web Site BERTONSHOP.COM are governed by the legislation in force in the Italian State. For any dispute arising from the application of these terms and conditions of use of the web site BERTONSHOP.COM and/or in general arising in relation to sales contracts entered into through the same Site, in the case of consumer domicile or residence in Italy, the court of the residence or domicile of the consumer shall have jurisdiction. MAGAZZINI BERTON SRL does not guarantee in any way whatsoever that the content of the site complies with the regulations in force in other countries other than the Italian Republic. Access to the site BERTONSHOP.COM from places where its contents are deemed illegal or through means not complying with the regulations in force in such countries is expressly prohibited. Users who choose to access the Site from such countries other than Italy are fully aware of the possible legal consequences and sanctions in which they might incur and will be solely responsible for compliance with local laws.

PRIVACY

INFORMATION NOTICE CONCERNING THE PROTECTION AND USE OF PERSONAL DATA