Terms of Sales
GENERAL CONDITIONS OF SALES AT A DISTANCE
PREAMBLE
BRUCLE SRL is a company incorporated under Italian law, with a registered office in Via G. De Lava n°9, 35128 Padova – Italy, tax number and registration number at Registro delle Imprese di Padova 02774030924, REA n. PD-410009, share capital €10.000.
The company BRUCLE SRL (hereinafter “BRUCLE”) markets its products under the brand BRUCLE.
FIELD OF APPLICATION
I. All sales contracts concluded at a distance, that is via internet through the e-commerce portal www.brucleshop.com (hereinafter “Site”) and/or by telephone, by BRUCLE to third-parties (hereinafter “Customer” or “Customers”) are governed by these GENERAL CONDITIONS OF SALES AT A DISTANCE (hereinafter “Conditions of Sales”).
II. The present Conditions of Sales are governed by the Consumer Code (Legislative Decree no. 206/2005), section II, Distance Selling (Art. 50 to Art. 67) and the rules regarding electronic commerce (Legislative Decree no. 70/2003) as well as Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 here fully transposed to amend Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council repealing Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. Directive 2011/83 /EU without prejudice to regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations. Any rule regarding the so-called "E-commerce", or so-called "Distance Contracts" issued by the Italian State or the European Parliament and transposed by Italian law after the publication and / or integration of these Conditions of Sale shall be considered explicitly mentioned and effective even if not contained in the text, when in favor of the customer.
III. The Conditions of Sale applying to the customer, which can be printed and stored, will be those published on the Site at the time the order is placed, except as described previously regarding legislative updates which may occur and any supplement thereto.
IV. The use of distance selling services described in these Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as "Customer" or, in the plural, "Customers") or any person acting for purposes not related to their commercial trade, business, craft or profession, over the age of 18 (or children, if any, authorized by their legal guardian).
V. If you are not a "consumer" but are "Resellers" or "Distributors" from the Clothing sector, we ask you to register for the Virtual Showroom located at b2b.brucleshop.com, or to contact us.
VI. Any purchase made through the Site presupposes and implies total and absolute knowledge of the Conditions of Sale and their full acceptance.
VII. The present Conditions of Sale may be subject to changes and/or additions and/or be removed from the Site at any time without notice, and this implies the automatic and irrevocable inapplicability, invalidity and unenforceability of BRUCLE SRL to them, in relation to purchases made after their alteration and/or addition and/or removal from the Site even if those general conditions remain available and/or accessible by other websites other than the Site.
VIII. It is therefore recommended to the customer to read the Conditions of Sale prior to any purchase.
IX. For customized products and/or products put into production at the specific request of the customer, reference must also be applied to the SPECIAL CONDITIONS OF SALE FOR CUSTOM PRODUCTS given below this document at point 8, which will prevail over the present Conditions of Sale in all cases of incompatibilty.
X. As a consumer, nothing in the present Conditions of Sale affect your statutory rights relating to defective or non-compliant goods, or your right to cancel the contract.
XI. BRUCLE reserves the right not to follow up on orders from anyone other than "Consumers", or on orders that do not comply with its trade policy.
1. PURCHASE PROCEDURE
1.1 The present Conditions of Sale apply when placing an order through the website or over the phone.
1.2 Any customer who wants to place an order through the website or over the phone must accept the present Conditions of Sale.
1.3 After selecting the product one wishes to purchase, if necessary after selecting the size, click on the button ADD TO SHOPPING BAG.
1.4 After the product is added to the SHOPPING BAG, the customer can proceed with the purchase by clicking on the top bar to the right of the SHOPPING BAG icon.
1.5 In the SHOPPING BAG the information relating to both the products in the basket and the costs related to the order are visible.
1.6 From the SHOPPING BAG the Customer clicks the BUY button in order to proceed with the purchase. They will then be redirected to the SUMMARY OF THE CART from which they have the ability to review the inserted articles, along with a brief description, the unit price, the total quantity, and the total price, from which they have the ability to vary the quantity or cancel any or all of the inserted articles.
1.7 After reviewing the products in the shopping cart, the customer can click CONTINUE SHOPPING to continue browsing the Site, or continue with the insertion of data required to finalize the order on the Site.
1.8 Phase 1-ACCOUNT
1.8.1 CUSTOMERS ALREADY REGISTERED must login to their account. Once logged in, customers must select a delivery address, at which point they may use an already existing delivery address, or add a new one.
1.8.2 New customers should instead click on CREATE ACCOUNT to create a new account, or continue the CHECKOUT AS GUEST in order to place an order without registration. After entering the required data the Customer must read and accept the PRIVACY POLICY and click SAVE to continue.
1.8.3 Customers who place an order using a GUEST ACCOUNT, in the case of RETURNS must be transformed to a REGISTERED ACCOUNT, see point 7.8. PROCEDURE FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL through the assignment of an RMA.
1.9 Phase 2-DELIVERY METHOD
1.9.1 Customers must select the shipping option and click to accept the Conditions of Sale. The Conditions of Sale must be read every time the customer wants to place an order by clicking the link. Customers are urged to download, save or print the Conditions of Sale at the time the order is completed.
1.10 Phase 3-PAYMENT METHOD
1.10.1 PAY WITH CARD OR PAYPAL ACCOUNT: the customer will be redirected to NexiPay or PAYPAL site from which they will choose whether to pay with their PAYPAL account or to pay with a debit or credit card. Payments by card are made through NexiPay or PAYPAL and BRUCLE SRL, as a matter of policy, does not keep payment card numbers in their systems, nor do they request them over the phone.
1.10.2 PAY WITH BANK TRANSFER: the page of the Site displaying the ORDER SUMMARY will open, and once the CONFIRM MY ORDER button is clicked, the purchase procedure on the Site will conclude. An email will follow containing the bank details of BRUCLE SRL, from which a bank transfer may be carried out. The order will be processed once the payment has been received and recorded in the BRUCLE SRL bank account.
1.10.3. PAY IN 3 INSTALLMENTS WITH SCALAPAY: you will be redirected to the Scalapay website. If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer. Scalapay is an active service in the following countries: ITALY, AUSTRIA, BELGIUM, HOLLAND, FINLAND, FRANCE, GERMANY, ITALY, PORTUGAL, SPAIN.
1.11 The customer, in accordance with art. 51 of the Consumer Code, will receive an automatic E-MAIL CONFIRMATION to the e-mail address provided at the time of the purchase procedure, containing the confirmation of ordered products, the possible size, the individual price of each product, the total price of the order, the payment method, information regarding the present Conditions of Sale, the right of withdrawal, along with the relative method of application, and information regarding support services. If one does not receive this email they should check their SPAM folder or email us. We recommend adding info@brucleshop.com to one’s address book as to prevent the mails being marked as SPAM. For CUSTOMERS with a REGISTERED ACCOUNT, order information is always accessible by logging into one’s account on the Site. For Customers with a GUEST ACCOUNT, one can always verify the status of one’s order using the address Guest order tracking and entering the required data.
1.12 Customers are always encouraged to check the accuracy of all data IN THE E-MAIL CONFIRMATION and to immediately inform us if any errors are detected.
1.13 The received E-MAIL CONFIRMATION is only a statement of the summary of one’s order and does not constitute the acceptance of the order.
1.14 The contract will not be concluded until one receives confirmation via e-mail that the ordered products have been shipped. The final contract will only include the goods that are indicated in the confirmation packing list included in the shipment.
1.15 In the event that one or more products included in the order are not available for reasons beyond the control BRUCLE, the latter agrees to promptly notify the customer. In this case BRUCLE is under no obligation to deliver the ordered goods.
1.16 If BRUCLE considers that an order is fraudulent, for example if it contains incomplete data, or to have violated in any way, the law applicable at the time of the order, it reserves the right to cancel the order and notify the customer within 1-2 working days.
1.17 In the event of a dispute between BRUCLE and the Customer relating to a transaction conducted through the Website, the data recorded by BRUCLE will be used as proof of the transaction.
2. PRODUCT AVAILABILITY
2.1 The stock availability of a product is given by the "ADD TO CART" button in the line related to the article, which confirms - but still in non-binding contractual terms - the availability of the maximum amount of the same article which can be inserted in the cart. If the quantity entered in respect to an item exceeds the actual available stock, the system will deliver a warning message and will only insert the available quantity into the basket.
2.2 Problems may occasionally be experienced related to the availability of certain products. BRUCLE agrees to promptly notify the customer by e-mail or by phone to offer the customer the option to choose between buying an article similar to the one not currently available, or cancelling the order, or removing the unavailable product from the order should the order contain multiple products. If the customer chooses to cancel the order or to remove an unavailable product from the order, the customer will not be charged for it. If the charge has already been executed, the Customer will be promptly refunded.
2.3 It may happen that due to numerous contemporary orders, or products listed in stock that do not pass the quality control check prior to order processing, that your order can not be processed in the expected time. You will be promptly notified about this (within the following business day after the order is placed) by telephone and, if we cannot contact you, via e-mail, or text message.
3. INFORMATION AND DESCRIPTIONS
3.1. BRUCLE is committed to providing accurate and transparent descriptions of the products and services offered.
3.2. The photographs, colors and features may not correspond exactly to the commercialized versions. This depends on the different settings of the monitor on which you visit the Site, as well as the fact that our products are handmade, and are therefore unique pieces that may vary slightly in size and shape. For any further information, please contact us.
3.3. Occasionally you may experience errors in the descriptions or prices listed on the Site. We are committed to promptly correcting any inaccuracy, after having become aware of it. We reserve the right to modify, substitute or remove without notice any omission or mistake regarding the products on sale on the Site.
4. PRICES
4.1. EEC PRICES
4.1.1. All prices on the Site include VAT and tax for customers who place an order with a delivery address within the European Community.
4.2. OUTSIDE-EEC PRICES
4.2.1. Orders with shipments to countries outside the EEC will be automatically calculated with our system, excluding VAT and tax.
4.2.2. The system will display the excluded VAT and tax rates once the customer has entered the destination address for the goods.
4.2.3. Import duties and tax will be paid for directly by the recipient to the carrier by which the shipment will be made. BRUCLE is not able to calculate or provide any information in advance regarding the aforementioned import duties and charges that customers may be subject to.
4.2.4. For orders containing products with exotic leather that need to be accompanied by a CITES export certificate, an administration fee of 90 Euros will automatically apply. The surcharge applies to the entire order and not to the individual product.
4.3. When the customer places an order on the Site, they implicitly guarantee that all data being provided is true and accurate, that the customer placing the order is authorized to pay for the order with the chosen payment method, and that there are sufficient funds to cover the cost of the products.
4.4. BRUCLE reserves the right to change the prices of products offered for sale on the Site at any time and without notice. The customer will be charged the prices listed on the Site at the time of Order Confirmation by the customer, provided the ordered products are available at the time the order is placed.
5. METHODS OF PAYMENT
5.1. BRUCLE only accepts the following methods of payment:
5.1.1 PAY WITH CARD OR PAYPAL ACCOUNT: the customer will be redirected to NexiPay or PAYPAL site from which they will choose whether to pay with their PAYPAL account or to pay with a debit or credit card. Payments by card are made through NexiPay or PAYPAL and BRUCLE SRL, as a matter of policy, does not keep payment card numbers in their systems, nor do they request them over the phone.
5.1.2 PAY WITH BANK TRANSFER: the page of the Site displaying the ORDER SUMMARY will open, and once the CONFIRM MY ORDER button is clicked, the purchase procedure on the Site will conclude. An email will follow containing the bank details of BRUCLE SRL, from which a bank transfer may be carried out. The order will be processed once the payment has been received and recorded in the BRUCLE SRL bank account.
5.1.3. PAY IN 3 INSTALLMENTS WITH SCALAPAY: you will be redirected to the Scalapay website. If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer. Scalapay is an active service in the following countries: ITALY, AUSTRIA, BELGIUM, HOLLAND, FINLAND, FRANCE, GERMANY, ITALY, PORTUGAL, SPAIN.
5.1.4. Cash on delivery to the courier by CASH ON DELIVERY, exclusively for deliveries within Italy.
5.2. In the event that for any reason the charge of the amounts due by the Customer is unsuccessful, the sales process will automatically be canceled, as will the sale.
5.3. The shipment of the purchased products only takes place after a successful payment, and therefore by the receiving and the recording of the funds by BRUCLE.
6. SHIPPING AND DELIVERY TIMES
6.1. Ordered items will be accompanied by a delivery document placed inside the package or in the outside pocket of the package.
6.2. If one is in need of an invoice, please let us know when placing the order.
6.3. BRUCLE is responsible for the goods until delivery to the customer or their representative. Shipments are made by courier and can all be traced with a proof of delivery and the digital scanning of the recipient's signature.
6.4. The customer or his agent, upon delivery by the courier, commits to checking the condition of the package. If there is evidence of the package having been tampered with, or if there is any obvious damage, the Customer or their representative must provide their signature, subject to control, in order to allow BRUCLE to file a claim against the carrier for damage not attributable to them or to the Customer. It is possible, in these cases, that documentation will be requested from the Customer (written and/or photographic) that BRUCLE should submit to the logistics partner who oversaw the transport. The Customer must therefore provide any necessary assistance that may be required in order to resolve, in the shortest time possible, what happened, in order not to preserve their right to receive what they have ordered, with another shipment, or to obtain the return of any amounts already paid.
6.5. Once the order has been shipped the customer will receive an e-mail with the tracking number that can be used to follow the progress of the shipment’s status.
6.6. On the relevant courier portal one will find predicted date of delivery. That date is, however, not binding.
6.7. BRUCLE assumes no responsibility for delivery delays on the part of the carrier.
7. RIGHT OF WITHDRAWAL
7.1. CONSUMER RIGHTS (EU Directive 2011/83/EC): In accordance with the Decree Law 206/2005 (Consumer Code) and the Directive 2011/83/EC, the Customer, if not satisfied, can exercise the right of withrawl and return the products purchased on the Site without providing any reasons.
7.2. No later than 14 days after the delivery of the products may the customer send BRUCLE a Return Notice, either in part or of the entire order, in writing, or through the direct returns procedure on the Site, or by e-mail with read receipt, or with another explicit statement (one can use the form in point 7.16 ) the 14 days commence once the package is delivered and not at the date of shipment.
7.3. The Return Notice constitutes the system assigning a unique return number (hereinafter "RMA") and an RMA FORM. The RMA must be indicated on the outside of the shipment and the RMA FORM must be printed and included inside the package.
7.4. The Customer must send the return package at their own expense by post or by courier no later than 14 days from the date of having communicated the Return Notice to BRUCLE.
7.5. In accordance with art. 54 co. 4 of the Consumer Code the burden of providing the relevant proof of exercising the right of withdrawal is borne by the customer. We recommend using traceable shipping methods with proof of delivery.
7.6. Returns that do not meet their deadlines will not be accepted.
7.7. EFFECTS OF THE WITHDRAWAL
7.7.1. All payments made to BRUCLE will be refunded to the Customer, including shipping costs unless the Customer has expressly opted for a type of delivery other than the least expensive offered on the Site.
7.7.2. Once the return is received and it has been verified that standards of the condition of the delivered goods have been met, BRUCLE will issue a refund within 14 days by crediting the amount paid by the customer, to be performed with the same method of payment that was used for the purchase.
7.8. TERMS FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL, allocated by the RMA system
7.8.1. For increased customer protection, the returns procedure requires the allocation and registration on our system of an RMA. If the customer has placed their order with a GUEST ACCOUNT, it is necessary for the account to be converted into a REGISTERED CUSTOMER ACCOUNT.
7.8.2. A customer with a GUEST ACCOUNT may convert, at any time, their Account into a REGISTERED one, at this address https://www.brucleshop.com/en/Order-tracking, otherwise it will be automatically converted by the back office after the return request is received. Once the account is converted, the customer will receive an E-mail containing the data required to access the Site. The Customer, once logged in, will be able to change the given password. The Customer may at any time check the status of the return request.
7.8.3. Returns of orders from OUTSIDE-EEC delivery addresses must be returned free of any cost attributable to BRUCLE, sent with a DDP, with all taxes and duty paid. Any OUTSIDE-EEC returns that do not meet these conditions will not be accepted and will be returned to the sender. For returns of accessories with CITES Certificates from OUTSIDE-EEC delivery addresses, it will be the Customer’s responsibility to cover all expenses and to apply to the competent authorities for the issuance of all documentation and CITES certification necessary to re-export the product.
7.9. RETURNS NOTICE FROM THE SITE ASSIGNED WITH THE RMA SYSTEM (illustrative guide at the following address: https://www.brucleshop.com/en/content/20-rma)
7.9.1. If the Customer is a REGISTERED CUSTOMER, the request can be made through their account. The Customer will have to log into the site and
7.9.1.1. select from ORDER HISTORY the product or products they wish to select and click MAKE AND RMA SLIP, and the system will register the application. Once authorized by BRUCLE, the Customer will receive an e-mail with the information to download the RMA FORM to print. The customer must indicate the RMA number on the outside of the shipment and must print the RMA form, to be included inside the shipment.
7.9.1.2. If the customer has placed the order with a GUEST ACCOUNT, they may make the return request through the Site at any time by entering the required data at the following address: https://www.brucleshop.com/en/Order-tracking and transforming it to a CUSTOMER ACCOUNT. Once they have entered the password they will be able to conclude the return request as in point 7.9.1.1.
The guide is available at the following link: https://www.brucleshop.com/en/content/20-rma
7.10. RETURNS NOTICE VIA EMAIL OR OTHER DECLARATIONS EXPRESSING ASSIGNMENT BY THE RMA SYSTEM
7.10.1 If the GUEST CUSTOMER or REGISTERED CUSTOMER cannot or would not like to perform the RETURNS PROCEDURE as in point 7.9, BRUCLE will attempt to carry out the procedure from the back-office and send the RMA number and RMA form via e-mail.
7.10.2 All stages of the RETURNS PROCEDURE will thus be recorded and traceable on the Site.
7.11. CONDITIONS OF RETURNED PRODUCTS
7.11.1. The product or products that the Customer wants to return must be intact and unused except for the normal tests comparable to those that could be done in a shop, with the original packaging intact (boxes, accessories, protection, leaflets).
7.11.2. All products for sale are equipped with single-use warranty seal that is an integral part of the good. The customer will have to try the product without removing the warranty seal because returned products will not be accepted without one.
7.11.3. If a decrease in value is discovered in the returned products, the customer will receive an e-mail in which the deductible amount by way of repayment curtailment will be communicated.
7.11.4. The products must not be damaged.
7.12. TIMING AND RETURN COSTS
7.12.1. The Customer is responsible for the timely return of goods no later than 14 days after the return request is made to BRUCLE
7.12.2. The Customer shall bear the cost of shipping and all other related costs and is responsible for said shipment until it is delivered to BRUCLE
7.13. Failure to return the product within the provided the 14 days, or failure to deliver the products to a carrier commissioned by BRUCLE on the date and in the manner agreed, will be understood as a willingness on the part of the customer to revoke the returns notice. The Customer will then keep the purchased good and BRUCLE will not be obligated to issue any refund.
7.14. REIMBURSEMENT METHODS
7.14.1. The timing of crediting or returning the amounts paid for the purchasing of the products depends on the method of payment used.
7.15. Returned goods must be sent to the following address:
BRUCLE SRL
Via G. De Leva n°9
35128 Padova– Italia
Telefono: +39 049 5070484
e-mail: info@brucleshop.com
7.16. RETURNS FORM TYPE UNDER ARTICLE 49, COMMA 1, LETT. H) (complete and return this form only if you wish to withdraw from the contract)
****FORM BEGINS***
Subject: exercising the right to withdrawal
The undersigned intends to use, according to the Legislative Decree no. 206/2005 art.52 et seq., The right of withdrawal regarding the contract no. signed on through your site www.brucleshop.com
Name and surname
Address
Sincerely,
For customers who have paid by bank transfer, indicate an IBAN code for repayment transfer
IBAN
****FORM ENDS***
7.17. Purchases with invoices (to be requested while the purchase is being made) are not entitled to withdrawal.
8. SPECIAL CONDITIONS FOR THE SALE OF CUSTOM PRODUCTS
8.1. All products made specifically at the customer's request and/or otherwise customized following a specific order, will not be subject to a return, a refund or replacement. In relation to them the right of customer withdrawal is therefore excluded.
8.2. It remains in any case subject to the guarantees provided for in point 10 to the benefit of the Customer.
9. EXCHANGING PRODUCTS
9.1. Within 14 days from the date of delivery, the Customer may request to exchange products purchased with
9.1.1. substitute products of identical value. The Customer will not be refunded not be subject to any additional cost.
9.1.2. substitute products of higher value: The Customer will be required to pay the difference in price.
9.1.3. substitute products of lower value than that of the products purchased: BRUCLE will reimburse the Customer the difference in price. The reimbursement will be executed using the same payment method previously used by the Customer.
9.2. If the exchange request is made by someone other than the customer who placed the order, for example, someone receiving a gift, the exchange may be requested by the recipient of the gift. If an exchange is requested, with a lower value product than that of the products purchased, BRUCLE will refund the Customer, using the same method of payment previously used, and not the recipient of the gift.
9.3. The Customer may request a product exchange by calling Customer Service or by sending an e-mail or a message through the contact form on the Site.
9.4. The costs for exchanging the product will be charged to the customer.
9.5. The conditions remain valid as to p.ti 7.4- 7.5- 7.6
9.6. BRUCLE will pay the shipping cost of the new product as soon as it receives the product being exchanged. The conditions remain applicable as in point 7.11
9.7. The exchanged products must be returned in their original packaging, complete with all the original packaging (boxes, accessories, cartellini, protections, leaflets etc.) and must be accompanied by a proof of purchase receipt and the RMA form.
9.8. Products returned by the Customer that are damaged, incomplete, deteriorated, dirty, or in any other state showing them to have been unequivocally used, so as to compromise their substantive integrity, will not be exchanged.
9.9. In the case of an exchange, the sale relative to the exchanged product must be considered as resolved.
9.10. The exchange of the product does not affect the legal guarantee of compliance.
9.11. BRUCLE reserves the right to refuse further exchanges of products already exchanged, with the exception of cases for exchange in which goods do not comply with the purchased product.
9.12. For exchanges to OUTSIDE-EEC orders, the same conditions apply as in point 7.8.3
9.13 EXCHANGE AND REPLACEMENT IN THE CASE OF DEFECTIVE PRODUCTS
9.13.1. For products delivered defective, damaged, broken or damaged (also due to transportation, with relative conditional acceptance) or which do not comply with those ordered, BRUCLE undertakes to promptly replace the product at its own expense.
9.13.2. The Customer must notify BRUCLE promptly, and no later than eight days from when a defective product is received, to activate the process of reclamation.
9.13.3. The defective product will be immediately replaced with another, identical one, with the same item number. The replacement does not exclude nor limit the legal guarantee of compliance. If the item is out of stock, the relative price paid will be refunded.
9.13.4. Products must be returned in their original packaging, including all tags and warranty seals, and must not have been used other than for the reasonable time necessary to verify the quality of the product, or to make note of defects, damage, or even breakage.
9.13.5. PROCEDURE FOR THE RETURN OF ITEMS DELIVERED DEFECTIVE, RUINED, NOT WORKING, OR NOT COMPLYING WITH WHAT WAS ORDERED
9.13.5.1. The Customer must notify BRUCLE within the aformentioned term of 8 days to have received products as in point 10.13.1, via e-mail to info@brucleshop.com , or through the contact form on the Site, or via telephone to the number +39 049 5010484 ,or via SMS/WhatsApp +39 3494560324, along with the order reference number, and a short description of the problem. An e-mail confirming that the customer’s notification was received will be sent in all cases. It may be that further information is requested by BRUCLE.
9.13.5.1.1. BRUCLE will send a returns authorization (providing an RMA number as in point 7.8, 7.9 and 7.10) along with the instructions to follow.
9.13.5.1.2. The Customer shall deliver the package to the carrier within the time and in the manner agreed upon with BRUCLE. As stated in point 7.13 , a non-delivery of the parcel by the customer to the courier equivocates an expression of will to annul the replacement process.
9.13.5.2. Returns that do not meet these conditions will not be accepted.
9.14. Substitutions will be accepted only after having obtained an authorization of return by BRUCLE.
10. COMPLIANCE
10.1. The customer, once having received the order, must verify that the products received correspond to those in the order made. In the event that the delivered products do not comply with the order, the customer must notify BRUCLE and return the products.
11. GUARANTEE
11.1 The products enjoy the legal guarantees provided under Italian law and in particular, moreover, those provided for and governed by Articles 128, 129, 130 and 132 of the Consumer Code.
12. RESERVATION OF PROPERTY
12.1. The goods, until until paid for in full, remain the exclusive property of BRUCLE.
13. LIMITATION OF LIABILITY
13.1. The Brucleshop.com Site is a portal intended for private consumers.
13.2. BRUCLE shall assume no liability to the customer, outside of cases of fraud or gross negligence, for any reason as a result of:
13.2.1. Loss or damage caused by the products (or their use by the Customer)
13.2.2. Damages not been caused by a breach on the part of BRUCLE.
13.2.3. Loss of income or revenue, loss of actual or anticipated profits, indirect or consequential loss, or loss of business or trade opportunities.
13.3. BRUCLE is only responsible with regards to the normal provisions of the law (fraud and gross negligence), excluding gross negligence not attributable to BRUCLE.
14. INFORMATION- COMPLAINTS
14.1. For any information or complaint, or for any information regarding the Conditions of Sale, the Customer can contact BRUCLE Customer Care by phone at +39 049 5070484, or by sending a message through the CUSTOMER SERVICE section on the Site, or via SMS/WhatsApp +39 3494560324 or by e-mail to info@brucleshop.com, indicating the order number to which the inquiry refers.
15. PRIVACY POLICY
The Personal Data Processing And Protection Policy is an integral part of this Conditions of Sales, the Site and services provided. You can read and print it at the link:
Personal Data Processing And Protection Policy
17. TRANSFERING OF COMPANY PROPERTY
17.1. In the event that company property of BRUCLE SRL is wholly sold to third parties, the data held at the time of the sale, will be among the transferred assets.
18. ADPOPTED LANGUAGE
18.1. The present Conditions of Sales, as well as the contract, descriptions and texts on the Site have been written in Italian. In cases of translations into other languages and divergence between the various translations, only the text written in the Italian language, which has primacy over other texts, will be considered valid.
19. DISPUTES
19.1 In the event of a dispute between BRUCLE SRL and the Customer, pursuant to art. 66-bis of Legal Decree no. 206/2005, the local jurisdiction is attributed to the place of residence (or domicile) of the Consumer.
The contract, even if concluded with foreign Customers, is seen as having been – and, in fact, has been – concluded in Italy, and is therefore governed by Italian Law and european rules where applicable, and where incorporated under Italian regulation.