The Company and the online shop
• 1.1 The Terms and Conditions outlined below, apply to the web transactions on www.brandnomore.com (the Website) and regulate the offer and sale of goods promoted online by Brand No More S.r.l. (the Company), headquartered in Milan, via Palermo 18, 20121, Italy and registered at the Chamber of Commerce of Milano Monza Brianza Lodi with company number/VAT number 11481580964 and fully paid-in share capital of 10.000 Euros.
Goods sold online
• 2.1 With the Contract, the Company sells and the Customer purchases goods sold online on the Website, for which the Customer has sent a Purchase Confirmation, following the rules and procedures outlined in the following Art. 4. The Company guarantees that the goods sold reflect their representation on the Website, notwithstanding that in case of discrepancies between the images and the product description featured on the Website, the latter is to be considered valid.
Online catalogue updates and availability of goods
• 3.1 The Company ensures that, via Information Technology systems, it will process orders as per procedures outlined in Art. 4 of the present Terms and Conditions. The online catalogue displays in real time goods that are available or not available, as well as an estimate of shipping time. The Customer, after sending the Purchase Confirmation, will receive from the Company the Order Confirmation sent to the email address provided by the Customer during registration on the Website.
• 3.2 If, after sending the Purchase Confirmation, the items therein included are, for any reason, not available, the order is to be considered as cancelled and the Company will immediately notify the customer at the email address provided by the Customer during registration. The Company will then proceed to reimburse the amount paid by the Customer during Purchase Confirmation for the goods that are not available. The Customer cannot make claims or demands for any damages or losses arising from an order cancellation made by the Company.
Description of steps required to complete the contract
• 4.1 The closure of the Contract (transaction between the Company and the Customer) related to the purchase of goods featured on the Website, does not entail any exchange, signature or compilation of hardcopy documents between the Company and the Customer. After accessing the online shop on the Website, the customer will be guided by the system through the procedure to formalise the purchase order of the goods of interest. In order to purchase online, the customer will need to select the goods, adding them one at a time to the shopping cart. Once the selection is completed, the customer will be guided to the check-out page, where a clear recap will be provided of the goods added to the shopping cart, the selected quantities, the prices and any other cost, as well as the shipping method, payment method and delivery address provided by the Customer. Before confirming the order, the customer is required to double-check that all personal information provided, as well as all items and information included in the Purchase Order, are accurate. The Customer is liable for any errors or inaccuracies in the compilation of the Purchase Order, or for items/quantities mistakenly included in the shopping cart. The Company cannot be held accountable and liable for any of these errors or inaccuracies. After double-checking that the Purchase Order is accurate, the Customer finalises the order by proceeding with payment, which constitutes acceptance of the order and finalisation of the Contract related to the items included in the Purchase Order.
• 4.2 By sending the Purchase Order, the Customer accepts the present Terms and Conditions. The Order Confirmation sent by the Company constitutes a confirmation and recap of the order placed by the Customer and contains the purchase receipt, as well as the Order Number to be used in all communications with the Company.
• 4.3 The Company will send a separate email notification (Shipping Confirmation) to the customer which includes shipping details and tracking number, in order to allow the Customer to monitor the shipment status. In case the order is split into several shipments, the customer may receive more than one Shipping Confirmation.
• 4.4 The customer’s payment method will be charged upon proceeding with payment in the check-out page. For further information on payments, please check Art. 6 in the present Terms and Conditions. The accepted payment methods are clearly displayed on the Website. Orders are processed by the Company only after payment is received, after which the Customer will receive an Order Confirmation, including the purchase receipt. In case payment is not successful, the Company will not fulfil the Contract and will not proceed with shipping the goods detailed in the Purchase Order.
• 4.5 The contract will not be fulfilled and not considered valid if the procedure described in this article is not completed.
• 4.6 For any question regarding online purchases, please reach out to our Customer Care at: firstname.lastname@example.org
Payments, taxes and additional charges
• 5.1 The customer will pay the requested purchase price for the goods detailed in the Purchase Order, according to the process detailed in the Website.
• 5.2 Payments will be in Euros.
• 5.3 All prices include VAT and any other applicable tax. Shipping costs are not included in the retail price, and, if applicable, will be displayed at check-out, before payment confirmation is requested, and will be clearly displayed in the Purchase Order.
Payment methods, refunds and security
• 6.1 The customer will choose the preferred method of payment among those available on the Website to purchase the goods online.
• 6.2 All credit/debit card payments are subject to validation checks and authorisation by the card issuer. If the card issuer does not authorise payment, orders will not be fulfilled. The Company is not liable for unfulfilled orders or orders not dispatched due to unauthorised payments. The Company retains legal ownership of goods until full payment has been received.
• 6.3 Refunds will be credited to the payment method provided by the Customer during order purchase, and for returns, refunds will be credited within 14 (fourteen) days from the Company’s receipt of the return request. The Company may however put refunds on hold until receipt of returned goods (v. infra art. 9.3). Legal ownership of returned goods reverts to to Company upon refund of payment to the customer.
• 6.4 Online payments are secure and comply with privacy regulations. Secure payment methods are powered by Stripe and Paypal. Brand No More does not save or archive any payment method information (such as credit card number, etc).
Shipping costs and delivery timing
• 7.1 The Company will deliver the purchased goods detailed in the Purchase Order and for which payment has been received, within 30 (thirty) days from date of payment.
• 7.2 Should the Company be unable to deliver the order within the above mentioned timeframe, it will promptly notify the Customer to the email address provided during registration.
• 7.3 Shipping costs and delivery timing for the countries served by the Company are listed in the Shipments section of the Website.
Archiving of contracts (purchase orders)
• 8.1 As per Art. 12 D.lgs. 70/2003 and Art. 50-51 of the Consumer Code, all purchase orders sent by the Customer will be securely archived in digital format by the Company. The Customer may request at any time a copy, or information about a purchase order at: email@example.com.
• 8.2 We invite the Customer to print or save the order confirmation and shipment confirmation received by the Company, as well as the present Terms and Conditions.
Terms and regulations for returned goods
• 9.1 The Customer has the right to withdraw from the contract, without penalty and without specifying the reason, within 14 (fourteen) days from physically receiving the goods (himself or the designated person).
• 9.2 Should the Customer wish to return the purchased goods, the Customer will need to notify the Company, either by compiling the Return Form in the personal account section of the Website, or via certified mail, including personal information, order number and date of delivery of goods, and send it to: Brand No More S.r.l., via Palermo 18, 20121 Milano, Italy.
• 9.3 The Customer will need to return the goods, without delay, within 14 (fourteen) days from sending the return request to the Company. The only costs the Customer will incur to return the goods are the shipping costs. The Customer is required to adopt every measure to ensure the integrity of goods during shipment, using the original shipping box, or equivalent, for adequate protection during transportation. Returns need to be shipped to:
PVS SERVICES ITALIA SRL
Strada A di Gainago 2/A, Località Gainago
43056 – Torrile (PR), Italy
• 9.4 In the case of fragrances, the right of withdrawal may not be exercised in case the item has been opened: therefore, in order to exercise the right of withdrawal, items need to be returned in their original packaging and sealed plastic wrap, complete with all labels. The right of withdrawal may not be exercised should the item be damaged or show signs of use or modifications.
• 9.5 Upon receipt of a return request by the Company, any obligation in the contract will cease, notwithstanding the terms outlined in the present article.
• 9.6 In case of a return request, an item may not be exchanged for another item: the Customer is required to place a new order. Discovery Samples sales are final and cannot not be returned.
Conformity of goods
• 10.1 Conformity of goods to the contract is guaranteed for 2 (two) years from delivery. Notwithstanding proof of the contrary, defects of conformity detected within 6 (six) months from delivery of goods, are assumed to be present at date of delivery, unless the detected defects are deemed incompatible with the nature of goods or the nature of the defect itself.
• 10.2 In case goods do not conform to the contract, the Customer may request, with no extra charges, the replacement of goods, or alternatively a price reduction, or alternatively the termination of the contract, with the exception of those cases where this is objectively not possible to satisfy, or too onerous for the Company as per Art. 130, comma 4 of the Consumer Code. Should replacement not be possible or too onerous, or should the Company have failed to replace the goods within the agreed terms, or if the replacement causes substantial inconvenience to the Customer, the Customer may request either a price reduction, or the termination of the contract.
• 10.3 The Customer will lose the rights regarding the Conformity of goods, if the defect is not notified to the Company within 2 (two) months from date of discovery. The complaint, not required if the defect was already acknowleged by the Company, will need to report the type of non-conformity, include at least one photograph of goods that clearly shows the non-conformity, and the receipt as proof of purchase.
• 10.4 The Customer can notify the Company by email at firstname.lastname@example.org or by registered mail to: Brand No More srl, via Palermo 18, 20121 Milano, Italy. Upon receipt of notification, the Company will examine the request and authorise, or not, the return of goods by sending instructions to the Customer. Authorisation to return goods does not constitute a confirmation of non-conformity: this will be assessed by the Company only after receipt of returned goods. Goods authorised for return will need to be shipped as per instructions provided by the Company, complete with copy of return authorisation and as per Art. 9.3 of Terms and Conditions.
• 10.5 Any refund by the Company, total or partial, of purchase amount by will be credited to the Customer on the same method of payment used for the initial purchase, or alternatively via bank wire. The Customer will be required to provide bank details.
Liability and unauthorised payments
• 11.1 The Company is not liable for unfulfilled or delayed completion of the contract, should this be caused by events outside the control of the Company, such as force majeure or chance. Save for instances as per Art. 1229 of the Civil Code, the Customer may not claim any additional compensation, other than the full refund of the purchase price and any extra charges that were part of the contract.
• 11.2 The Company, upon providing proof that all possible security measures and available technologies regarding secure online transactions have been put in place, is not liable for any fraudulent or illicit use of credit cards and other payment methods, that are traceable to the Customers’ negligence in protecting their own payment methods.
Product defects, compensations, burden of proof
• 12.1 The Producer (producer of finished goods, or one of its components, as well as of raw materials) is liable for damages caused by defects found in the products sold on the Website. As per Art. 116 of the Consumer Code, The Company will become liable for these damages, should it fail to inform the Customer of the Producer’s (or intermediary who provided the product) identity and address, within 3 (three) months from receipt of request as per comma 3 of the present article.
• 12.2 The Consumer may request compensation for personal or material damages, only related to domestic/personal use of goods other than the defected product which caused the damage. As per Art. 123 of the Consumer Code, the compensation for damages of materials other than the defected product may cover only damages above a value of € 387,00 (three hundred-eighty -seven-euros). It is the Consumer’s responsibility to provide evidence of defect, damage, and proof of cause-effect relation between defect and damage.
• 12.3 Formal request for damages needs to be sent in writing, and include description of the product which caused the damage, date and location of purchase. If available, the Customer needs to submit visual proof or access to the damaged materials, based on instructions provided by the Company, the Producer, or a third party.
• 12.4 Compensation for damages is not applicable in all cases where the Customer, albeit aware of product defects and any deriving hazard, has willingly exposed himself to it. In case the Customer could have avoided damages by applying common sense, but failed to do so, he will be deemed liable for the damages, and any compensation will be cancelled or reduced according to the level of responsibility of the Customer.
• 12.5 Liability for damages caused by product defects are excluded, should the defect itself be a consequence of its conformity to regulations or binding provisions, or if the state of scientific and technical knowledge at the time the product was sold, did not allow to recognise the product as defective.
Termination of contract
• 13.1 Should payment not be, for any reason, successful, this will cause the automatic termination of the Contract, as per Art. 1456 of the civil code, without need for judiciary pronouncement.
• 14.1 The Company is committed to protecting the Customers’ personal information, treating it according to current regulations, in particular EU regulation EU 679/2016, as well as applicable national regulations (Italian Privacy Code regulation 101/2018).
Communications and complaints
• 15.1 For general requests, please contact the Company at: email@example.com. For official communications and complaints, please send certified mail with return receipt to: Brand No More Srl, via Palermo 18, 20121 Milano, Italy.
International access to the Website
• 16.1 The Website is featured in Italian and in English.
• 16.2 The present Terms and Conditions are available in Italian. When translated into other languages, and in case of contradiction between versions in languages other than Italian, the only version with legal value is the Italian version, notwithstanding the most favourable interpretation to consumers and their rights recognised by the law in their country of residence (see Art. 18.1 of Terms and Conditions).
• 16.3 The Company may suspend or cancel, without penalty and without incurring into costs or expenses, any sale/promotion/service through the Website, should any legal/fiscal/customs difficulties or impediments arise and in any case objective obstacles, that may preclude the execution of the Contract with Users residents of countries or territories outside the European Union.
Online Dispute Resolution (ODR)
• 17.1 As per European regulation (UE 524/2013), Customers may refer to bodies or offices in charge of Alternative Dispute Resolution (ADR), through simple, quick, cheap online procedures, to solve any controversy with the Company regarding purchases completed following the present Terms and Conditions.
• 17.2 For further information regarding Online Dispute Resolution procedures, please visit: Online Dispute Resolution.
Applicable law and competent court
• 18.1 Any controversy between Users and the Company, related to the use of the Website, will be regulated by Italian law and will be administered by the judges of the forum of Milan. Notwithstanding that Users will be granted the consumer rights of their country of residence.
• 18.2 For further references on applicable laws and competent court, please refer to art. 66 bis of the Consumer Code; art. 18 Reg. UE 1215/2012; art. 6 Reg. UE 593/2008; art. 3 and 57 Reg. 218/1995.