Legal Area

TERMS OF SALE

 

The General Terms of Sale published herein shall govern the agreement of sale to users of the website (hereinafter, the “Customers” or “Customer”), through electronic means, of goods (hereinafter, the “Item” or “Items”) displayed on the website www.biffi.com (hereinafter, “biffi.com”), managed by Biffi Boutique S.p.A - with headquarters in Milan,in Corso Genova, 6 - 20143, Italy, VAT No.: 05935720150, soc. cap. Euro 260.000 fully paid (hereinafter, for the sake of brevity, “biffi”).

The General Terms of Sale published on biffi.com shall be viewed and acknowledged by the customer prior to the purchase of an Item; by sending the purchase order, the customer acknowledges having reviewed and accepted said conditions and also General Terms and Conditions and Privacy Policy

Moreover, customers will benefit from the protection provided for in the event of entering into distance agreements pursuant to Title III, Section II, of the Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”), as well as all further statutory protections set out for Purchasers, under the same Consumer Code http://www.codicedelconsumo.it/.

 

  1. CONCLUSION OF THE AGREEMENT

In order to conclude the purchase contract for one or more products on biffi.com, the customer shall send the purchase order to biffi by filling in and transmitting the relevant form available on biffi.com. The transmission of the order constitutes a binding purchase proposal for the customer, as well as a phase of a more complex process structured as follows:

  1. the customer may have free access to biffi.com and view the essential characteristics of the exhibited items, including their price, as weel as the images published for the purpose of illustrating the goods themselves;
  2. the customer can select one or more items by placing them in a virtual "shopping bag". The contents of the shopping bag can always be viewed by the customer before placing the order. By accessing the shopping bag, the consumer can find out, before buying and paying, any information relating to the purchase of the items, including shipping costs and expected delivery times;
  3. before placing the order, the customer shall register on biffi.com, by providing their e-mail address and choosing a password, which allow him access to the biffi.com and to "MY ACCOUNT" section (option recommended); alternatively the consumer can make the purchase as a guest (in this case, however, the customer will be required to enter the same data for each new order);
  4. to complete the order, the customer must enter the shipping address and the data required for payment in the "shopping bag" section. The customer can pay by credit card, paypal and cash on delivery. Cash on delivery payment is available only for Italy, San Marino and Vatican City. More information about payment methods is available in the "Payment Methods" section;
  5. the customer may modify the chosen items and the data entered until the submission of the order, which takes place by selecting the "PLACE ORDER" button. Before proceeding with the transmission, it is required to identify and correct any data entry errors;
  6. once the purchase order has been received, biffi transmits an "order symmary", to the customer e-mail, containing all the details of the purchase. The order summary does not constitute acceptance of the order itself. The contract can infact be considered regularly concluded only once the "order confirmation" is transmitted by biffi to the customer e-mail address.

The language available to the consumer to conclude the contract with the seller is Italian.

Biffi reserves the right not to confirm an order in the event of unavailability of one or more items purchased, notifying the customer to the e-mail address associated with the order within 15 working days from the order being sent. The unavailability of one or more ordered items cannot constitute a cause for cancellation of the entire order by the customer.

Furthermore, Biffi reserves the right not to accept the order in the following cases:

- incomplete or not properly completed data;

- payment failed (for example, in the event of failure to debit the customer's credit card) or lack of sufficient guarantees of solvency;

- reporting or suspicion of fraudulent or illegal activities, including the suspicion that purchases are being made for commercial purposes.

In these cases biffi will inform the customer by e-mail that the contract is not concluded and that biffi has not accepted the order specifying the reasons.

No amount will be charged to the customer and biffi will release the blocked ceiling.

The order transmitted to biffi will be stored in biffi's database for the period of time necessary to fulfill the accepted orders and for other legal obligations.

The customer, if registered, can check his/her order receipts by consulting "MY ACCOUNT" section.

 

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

Once the order is confirmed, biffi will deliver the items to the address notified by the customer in the order, through a specially appointed carrier: UPS or DHL. More information on times, costs and places of shipment are available in the "Shipping" section of biffi.com.

Biffi assumes no responsibility for any errors in the delivery due to inaccuracies or incompleteness in the compilation of the order by the customer and any delays or damage due to weather conditions, international customs issues or other circumstances unrelated to the control of biffi.

At the time of delivering the items by the appointed carrier, the customer is required to check in the presence of the carrier:

  • 1. that the packaging used for transporting is intact, not altered or damaged;
  • 2. that the quantity and type of items ordered corresponds to what is indicated in the transport document and to what was ordered.

If the customer finds any anomalies or discrepancies he/she must immediately notify the carrier upon delivery of the items.

The customer is solely responsible for the truthfulness and correctness of the information and data provided to biffi and undertakes to promptly notify any changes to the data previously communicated.

 

  1. CONFORMITY OF THE ITEMS

Only branded and top quality original products are offered for sale on www.biffi.com. The items belong from the most famous Italian and foreign luxury brands, in addition to some items branded "BIFFI" or "BIFFI BOUTIQUES".

The products are purchased directly from fashion houses, producers and retailers carefully selected for their rigorous quality controls.

Biffi does not sell used, irregular or lower quality products than the corresponding market standards. All products are provided with an identification tag attached with a disposable seal.

Product details are presented on biffi.com within the item pages.

Biffi undertakes to ensure that the description and / or photographic representation of the products are as faithful as possible to the products themselves. However, the images and colors of the products presented on biffi.com may not perfectly correspond to the real ones due to the Internet browser and monitor used.

Given the fact that the quality of the images may depend on the IT tools used by the customer, it is possible that his/her perception of the description or photographic representation of the items may not correspond exactly to the items themselves, therefore, the images and videos accompanying the presentation of the items must be considered published for merely descriptive purposes.

In the event that the delivered items have been ascertained as defective, biffi undertakes to provide the customer with a legal guarantee of conformity of 24 (twenty-four) months, to be effective under the terms and conditions set forth in articles 128 et seq. Consumer Code; the customer will therefore have the right to request the refund of the price of the items and shipping costs.

The guarantee provided for in this article shall apply only in the event that the items have been handled with due diligence and in respect of their intended use, as well as upon presentation by the customer of the delivery note received and indication of the order number.

In any case,the guarantee referred to in this article shall not apply with regarddefects resulting from the item’s normal wear and tear.

 

  1. WITHDROWAL

In accordance with the provisions of the Consumer Code, the customer is entitled to withdraw from the contract without obligation to provide reasons and without the payment of penalties, by sending to biffi an explicit notification. This right can be exercised within fourteen working days from the delivery of the items.

In exercising the right of withdrawal, the customer is required to return the items to biffi within and no later than two weeks from the sending of said notification, in the same conditions in which he/she received them.

Essential condition for exercising the right of withdrawal is the substantial integrity of the product to be returned. It is, in particular, necessary that the items are returned in normal condition, as they are kept and possibly handled with normal diligence. In particular, the items must be returned:

1. properly packed in their original packaging, in perfect condition for resale (not damaged, damaged or soiled) and equipped with all the accessories (for example, boxes, bags, belts) and documentation;

2. without manifest signs of use, if not those compatible with the performance of a normal fitting test. They must not bear traces of prolonged use exceeding the time required for a test and must not be in a state that does not allow resale

3. with tag and disposable seal still attached, these elements are an integral part of the item;

4. provided with the "Return Note" (present in the pack) duly signed, in order to allow biffi to identify the customer (order number, name, surname and address, return number).

Following the exercise of the right of withdrawal in accordance with these general terms of sale, biffi will refund the customer the sums paid by him by crediting the payment card or current account indicated during the purchase. The refund will be made within 14 days from the date on which biffi accepted the customer's return request.

As better specified below, the costs of returning the items will be covered by biffi in the event that the customer uses the carrier authorized UPS or DHL, using the return documents provided and sending the items from the country from which the delivery occurred. Otherwise, the costs of the return will be charged to the consumer.

BIFFI.COM RETURN POLICY

In order to facilitate the exercise of the right of withdrawal and the return procedure, biffi has implemented the following procedures:

  1. registered customers can send their return request by accessing "MY ACCOUNT" area in "MY ORDERS" section and click on "MY RETURNS"; if the customer has made a purchase as a guest, he/she can contact biffi.com's Customer Service at the email support@biffi.com communicating the order number, name and surname. The customer can also exercise the withdrawal by sending, by post to the seller's address, an explicit communication about his/her intention to withdraw from the contract, however in this case it will be the responsibility of the customer to prove the correct and prompt exercise of this right.
  1. once the return request has been received, biffi transmits a "return summary" to customer's e-mail address, certifying that the request has been received. The return summary does not constitute acceptance of the return itself. The return can in fact be considered accepted only at the time of the communication of "return approval" transmitted by biffi to the e-mail address of the consumer following the procedure described below;
  2. if the customer's return request is regular (for example,the deadline of the 14 working days from delivery is respected), biffi authorizes the shipment of the items by sending a communication to customer's e-mail address with the relative instructions. The customer must deliver theitems to the authorized carrier within 7 working days from the date on which biffi accepted the return request and sent the mentioned communication. The authorized carrier for the return are UPS or DHL. It is necessary to book the collection of the items on https://www.ups.com/ for UPS and https://mydhl.express.dhl for DHL, display the pre-printed label - bearing the return address - and the document of transportation duly signed included in the package containing the purchased products. From the time of delivery to UPS or DHL, biffi exempts the customer from any liability in case of loss or damage to the products during transport. In the event that the customer chooses to return the goods through different couriers, or in ways other than those indicated above, the costs of the return are fully charged to the consumer;
  1. once the items have been received, biffi will make the necessary checks to verify the compliance of the returned products with the terms and conditions indicated above.

If the right of withdrawal is exercised following the procedures and terms indicated above, biffi will send the communication of the "return approval" via e-mail to the customer e-mail address and refund any sums already collected for the purchase of products according to the methods and terms provided.

In the event that the items are in a state that prevents them from being resold, or if other essential conditions have not been fulfilled, biffi reserves the right to refuse the customer's return request by giving appropriate notice. Following this communication, the possibility remains for the customer to regain, at his own expense, the products in the state in which they were returned.

It should be noted that the refund is made by biffi with the same payment method used by the customer for the purchase (by crediting the payment card or current account indicated during the purchase), also in the event that there is no correspondence between the customer who received the items and the holder of the card used for the payment. For cash on delivery payments, biffi.com's customer service will contact the customer to request the IBAN code and, once in possession of this information, the amount will be refunded directly to the communicated bank account number.

It should also be noted that, if the order has been shipped within the European Union, the fees applied will also be refunded in the event of a return. In case of orders with extra-EU shipping, shipping and customs fees will not be refund by biffi, but the customer will have to contact his/her customs office if necessary.

 

  1. PROTECTION OF PERSONAL DATA

Biffi undertakes to respect the confidentiality of personal data collected at the time of registration on  biffi.com and / or communicated at the time of purchase and to treat them in compliance with the regulations in force. In this regard, please refer to the detailed information contained in the "Privacy Policy" section.

 

  1. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

Without prejudice to the application of the mandatory rules of European derivation for consumer protection, the general terms of sale are regulated by Italian law and in particular by the Consumer Code and by the Legislative Decree 9 April 2003, n. 70 ("Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce").

We also inform that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, accessible on the site http://ec.europa.eu/odr.

  1. VARIOUS

Biffi may modify or simply update these conditions, in whole or in part, when necessary, without prior notice. The general conditions applicable to the sale of each item will be those published on biffi.com on the date of the order relating to the item itself. Therefore, the consumer must view and accept the present general terms of sale before proceeding with any purchase. Should one or more provisions of these conditions be considered void or invalid, these general conditions of sale will remain valid and produce effects in the remaining parts. The mere tolerance or non-contestation by biffi of any non-fulfillment by the customer with respect to what is contained in the above conditions cannot be interpreted as a tacit acceptance of such defaults, nor as a desire to derogate from what was agreed between the parties.

Any explanation or further details regarding the procedures and terms described herein can be requested to our Customer Service

 

Last update: 1st August 2019

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