Terms and Conditions
1. Site activity
2. Site content and intellectual property
3. Third party content
4. Product information
5. Product purchase
6. Order processing
8. Shipping and delivery
10. Defective and non-conforming Products
11. Product exchanges and returns
12. DISCLAIMER OF WARRANTIES
13. LIMITATION OF LIABILITY
The shop.brunellocucinelli.cn site is owned and operated by Brunello Cucinelli (Sichuan) Fashion Co. Ltd "Brunello Cucinelli China"). Brunello Cucinelli China is a group company of Brunello Cucinelli S.p.A. (together with Brunello Cucinelli China, "Brunello Cucinelli").
Every user visiting and using this Site (“User”) accepts and is bound by the provisions set out in these Terms and Conditions. Visitors in disagreement with the provisions of these Terms and Conditions should immediately leave this Site. Brunello Cucinelli China reserves the right to modify, add or delete any part of these Terms and Conditions at any time without prior notice, except that Brunello Cucinelli China will notify customers of any modifications to the Terms and Conditions relating to the sale of our products by means deemed appropriate by Brunello Cucinelli. Any amendment to these Terms and Conditions will be immediately effective after being posted on this Site and will govern all the subsequent activities on the Site. Continued use of this Site confirms your acceptance of any such modifications.
1. Site Activity
This Site displays and promotes the sale of products marketed under the registered trademark "Brunello Cucinelli" ("Products").
These Terms and Conditions govern the rights, duties and obligations of the seller ("Seller") and of the customers (“Customers”, as defined under the following Article 5) with respect to the sale of Products and the correct processing of any order on this Site ("Order").
Brunello Cucinelli China is clearly identified as the Seller in the Order confirmation submitted to the Customer when the Order is accepted and executed ("Order confirmation").
This Site includes multiple features to promote the sale of Products and enable Users to make informed purchase decisions, such as the ability for Users to:
• Complete online purchases of Products;
• Register on the Site and activate a personal account to access dedicated areas and content;
• Subscribe to the newsletter to receive news regarding Products and initiatives of the Site;
• Participate in promotional activities;
• Carry out other activities in strict accordance with the Site’s policies.
Users are required to:
• Provide true and accurate personal data when they register to the Site and/or submit Orders;
• Ensure that their personal data stored on the Site is regularly updated;
• Store their credentials to access the “Your Page” area in a safe place.
Brunello Cucinelli China reserves the right to terminate or suspend access to, or use of, the Site by a User, without prior notice, if Brunello Cucinelli China considers that the User has violated these Terms and Conditions or that suspension or termination are appropriate for security reasons.
2. Site content and intellectual property
All trademarks, trade names, brands, logos, images, text, product names and other content displayed on this Site and the copyrights, trade dress and other intellectual property in such materials (collectively, "Contents") are the exclusive property of Brunello Cucinelli, its licensors or content providers.
Unless clearly stated otherwise, these Terms and Conditions do not provide any right or power to Users, Customers or third parties to use any Contents displayed on the Site.
This Site is for personal, non-commercial use only.
The Products sold on this Site are not meant for resale.
No User or third party may modify, copy, publish or otherwise exploit any Contents included in the Site without the prior written consent of Brunello Cucinelli China or of the relevant content owner.
3. Third party content
This Site may include, use or display content created by third parties, information from public sources and/or links to other websites or web pages managed by third parties (collectively, "Third Party Content").
Users acknowledge and agree that Brunello Cucinelli China bears no responsibility for any information, content, products, services or any other material on any third-party website or platform, and that links to third-party sites do not represent an endorsement or approval of any Third Party Content.
Brunello Cucinelli China does not control or monitor any Third Party Content, does not assume any responsibility for its accuracy, security or reliability and cannot guarantee that such Third Party Content is free of malfunctions, viruses or other features that could damage data and/or property of the Users.
Brunello Cucinelli China disclaims any liability to the User for any loss or damages the User incurs arising out of or related to the access, use, reliance on any Third Party Content on the User’s part.
4. Product information
All information about the Products published on this Site is for descriptive or promotional purposes only ("Product information").
Despite a strong commitment to ensure that Product information is always accurate and updated, Brunello Cucinelli does not accept any responsibility for the correctness, completeness, accuracy or timeliness of Product information, including, for example, descriptions of Products, services, prices and/or indications of availability, to the maximum extent permitted by applicable law.
The look and the colours displayed on the Site depend on the settings of the device of the User. Brunello Cucinelli cannot ensure that the User's device will display colours of the images correctly as posted on this Site.
This Site may, temporarily or permanently, modify or remove some of the Products and/or services, or change the Product prices, without giving any notice to Users about the fulfilment of these changes.
5. Product purchase
Customers - meaning only natural persons, eligible to execute and perform binding agreements according to the applicable law or under parental (or guardian) consent, when needed, acting for purposes outside of their trade, business or profession - are eligible to carry out an Order of Products on this Site ("Order").
Customers must carefully read these Terms and Conditions before completing any Order. By placing an Order on this Site, Customers agree with these Terms and Conditions.
When placing an Order, Customers must provide all the personal data required by the Site, including but not limited to their first name, surname, email address and delivery address. All such information must be true, accurate and up-to-date.
Customers cannot make any purchase under someone else’s identity unless strictly authorized to do so by the identity holder.
6. Order processing
Prior to completing an Order, every Customer shall:
a) Review the purchase details in the Order summary;
b) Accept explicitly these Terms and Conditions by ticking the relevant checkbox below the Order summary; and
c) Submit the Order electronically to the Site by clicking on the relevant button.
Customers shall be requested to make payment at checkout when submitting an Order. Please review all purchase details carefully before checking out and submitting the Order.
Upon receiving an Order, the Seller will immediately send an order receipt confirmation to the Customer by email ("Order receipt confirmation").
The Order receipt confirmation communicates to the Customer that the Order has been received.
Customers must verify that all information concerning their Order reported in the Order receipt confirmation, including but not limited to all details concerning the Products, the delivery address and all personal data, is correct. If any piece of information in the Order is not correct or accurate, Customers must promptly inform the Seller by using the Contact us form.
Customers are also encouraged to store an electronic copy of the Order receipt confirmation and to refer to the unique identifying number of the Order included in the Order receipt confirmation when contacting the Brunello Cucinelli China customer service ("Customer Service").
All Orders are subject to stock availability.
If only some of the Products ordered are available, the Seller will promptly contact the Customer by email to verify their interest in the fulfilment of a partial Order, of a full Order but in multiple shipments or whether they intend to cancel the Order. In such circumstances, if the Customer requests a partial Order only for Products in stock, or wishes to cancel the Order in full, the Customer may obtain a partial or full refund as the case may be.
The relevant contract for the sale of the Products between the Seller and the Customer is formed when payment for the Products by Customer is received by the Seller.
Customer agrees that the Seller may cancel any Order at its sole discretion in the following circumstances and provide a full refund to the Customer:
• The Customer does not meet the eligibility-to-purchase requirements according to these Terms and Conditions;
• Shipment of parcels to the delivery address indicated in the Order is restricted, impossible or extremely difficult;
• The Product is no longer in stock.
The Seller cannot be held liable by reason of withdrawing any Product from the Site prior to an Order submission. It may also unintentionally happen that the Site shows available Products that are actually unavailable at that moment.
The Seller intends to notify Users of any cancellation of Order in a prompt manner.
Customers can make payments ("Payments") of the Purchase price by using all major credit and debit cards (collectively, "Payment methods").
Upon checkout when an Order is submitted by the Customer, the Seller will debit the Purchase price to the Customer via the selected Payment method.
The Seller does not directly process any credit/debit card details or other financial information of the Customer and uses a primary payment gateway ("Payment gateway") to authorize any Payment.
The Payment gateway protects the credit/debit card details by encrypting sensitive information to ensure that such information is passed securely between the Customer and this Site, on one side, and between this Site and the payment processor, on the other side. However, the Seller cannot be held liable for any error, negligence or wrongdoing referable to how the Payment gateway has managed the financial transaction linked to the purchase of the Products on this Site.
This Site also uses Secure Sockets Layer (SSL) technology to guarantee a higher standard of safety on any purchase of Products.
8. Shipping and delivery
Orders are delivered by courier service only within China
Customers can track the shipping progress of their Orders by using the unique tracking reference number supplied to the Customer when shipment is confirmed by e-mail and by SMS.
The shipping charges on an Order will be debited in full to the Seller ("Shipping charges").
The Seller is strongly committed to completing each Order in the most efficient and seamless manner. Nonetheless, any estimated delivery time indicated in the Order summary should be used as a guideline only. The estimated delivery time starts from the date of dispatch.
The Seller cannot be held liable for any delay in delivery that is not due to its negligence, including but not limited to force majeure, customs clearance processes, strikes, natural disasters, any other fact pertaining to the supply of courier services or any other circumstance outside of the control of the Seller.
Customers should plan to be available to receive the Products without any undue delay.
The courier carries out multiple delivery attempts, excluding weekends and holidays. If the final delivery attempt has been made without success, because the courier was unable to leave the package, the courier will return the package to the Seller. In this case, Customers are invited to contact the Seller immediately for further instructions.
All prices of Products, shipping charges and other costs (collectively, the "Purchase price") published on the Site are expressed in the currency shown during the checkout process.
The full Purchase price will be repeatedly shown in the Order summary at checkout, in the Order receipt confirmation and in the Order confirmation after purchase.
Despite our efforts to ensure accuracy of the prices, there may be situations when incorrect prices are set out on the Site. In the event of any error or mistake in the Product prices published on this Site, the Seller retains the right to modify the relevant Purchase prices published on the Site at any time.
We verify the prices of the Products upon receipt of your Order. If the actual price of a Product differs from the published price of the Products on the Site and the Customer has made payment for the relevant Product upon Order submission, the Seller shall promptly notify the Customer on or before issuance of the Order receipt confirmation of the price difference, and:
• If the actual price of a Product is lower than the published price of the relevant Product on the Site, the Seller shall refund to the Customer the difference;
• If the actual price of a Product is higher than the published price of the relevant Product on the Site, the Customer shall have the right to cancel the Order, or the Seller shall have the right to cancel the Order, and in both cases, the Seller shall provide full refund of all payments made by the Customer for the relevant Product.
For deliveries in China Mainland, customs duties, sales taxes and/or import VAT (collectively, "Local charges and taxes") are included in the final price of the Order.
10. Defective or non-conforming Products
For technological reasons, the Seller cannot guarantee that the monitor display of colours will be accurate.
Minor differences between the Product description on the Site and the actual Product features should not be deemed to lead to any non-conformity of the Product for the purposes of these Terms and Conditions.
Customers are invited to inspect carefully any parcel before signing and confirming the completed delivery. If the parcel appears damaged, Customers are kindly encouraged to sign the delivery of the parcel with the note “Received unchecked”.
• In the unlikely event of a Product being defective, flawed or non-conforming to the Product description on this Site, Customers are entitled to ask that the Product is repaired or, if not possible, replaced free of any charge within a reasonable period and without major inconvenience to the Customer;
• If repairing or replacement is impossible or disproportionate, or if the Seller has not remedied the short coming within a reasonable period or without major inconvenience to the Customer, for an appropriate price reduction or for the return of the products within established terms.
Subject to paragraph 12 (Disclaimer of Warranties) below, Customers may submit a claim for a defective, flawed or non-conforming Product and return the concerned Product. Customers shall contact the Customer Service in order to agree on the modalities of the Return. All the shipping costs for the Return will be debited in full to the Seller.
11. Product exchanges and Returns
Customers can exchange a Product for an item of different colour and size, when it is available in stock or return the Order within 30 (thirty) days from the date of delivery of the Product without the need of providing any explanation.
In case of cancellation of an Order, the Seller will proceed to refund the Customer for the full Purchase price in a prompt manner after receiving the returned Products from the Customer. Refunds will be carried out via the same Payment method initially used by the Customer for the Order.
To apply for a Product exchange or to cancel an Order, Customers must first ask the Seller to release a Returns Merchandise Authorization ("R.M.A") before returning any Product.
Customers can apply for the release of the R.M.A. in the following ways:
• for registered Customers: by activating the specific procedure for Returns in the “Order” section available inside the “Your Page” area of this Site; or
• for unregistered Customers: by activating the specific procedure after searching the relevant Order in the “Orders and Returns” section on the Site main menu;
• for both: by contacting the Customer Service via the electronic form (Contact us section).
When contacting the Customer service for returns, Customers are kindly requested to specify the unique identifying number of the Order.
Every Product must be returned bearing all security tags and labels. It should also include all the original packaging and accessories (case, hangers, garment covers, etc.) received with the Order; it must not show any signs of use, scratches or be altered in any way (worn, washed, ironed, etc.) and the Product must be returned in the same condition it was shipped in and in its original packaging. All shoes should be tried on a carpeted surface; in case of any sole degradation, the Seller reserves the right to refuse the return of the shoes.
The Seller offers Customers a complimentary return service free of any shipping charges ("Complimentary return service"). In order to enjoy this service, Customers are required to complete the electronic Return request with the pick-up address, pick-up date, contact details and attach a specific return shipping label supplied by the Seller for the Product return. If the Customer decides not to select a pick-up date at the moment of submitting the electronic Return request, they must contact directly the courier to confirm the pickup date.
Customers must always ship the returned Products within 14 (fourteen) days after receiving the R.M.A.
Any other method of returning the Products outside of the Complimentary return service will be at the Customer’s expense. By using any other option outside of the Complimentary return service to return the Products, Customers acknowledge and agree to be liable for any loss or damage to the Products during the return process.
All returns of Products must be made in the same country where the Products were originally delivered. Customers are kindly asked to dispatch the Products for return from the same country where the Products were first delivered.
The Seller may refuse to accept any further Orders from a Customer after multiple returns on previous purchases by the same Customer.
12. DISCLAIMER OF WARRANTIES
BRUNELLO CUCINELLI CHINA CANNOT GUARANTEE IN ANY WAY THAT THE WEBSITE, INCLUDING ITS WEBSITE CONTENT, SERVICES AND FEATURES, WILL BE UNINTERRUPTED, THAT ANY DEFECTS FOUND IN THE SAME WILL BE CORRECTED OR THAT THE USE OF THE WEBSITE BY THE USER WILL PRODUCE ANY SPECIFIC RESULTS. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED IN THE CURRENT STATE AND ARE AVAILABLE "AS IS".
THE SELLER GUARANTEES CUSTOMERS THAT THE PRODUCTS ARE NOT DEFECTIVE OR FLAWED AND THAT THE PRODUCTS CONFORM TO THE PRODUCT DESCRIPTION GIVEN ON THIS SITE.
THIS WARRANTY SHALL CONTINUE FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF DELIVERY OF THE PRODUCTS TO THE CUSTOMER. THE CUSTOMER SHALL INFORM THE SELLER OF ANY DEFECT WITHOUT UNDUE DELAY UPON DISCOVERING THE DEFECT.
NO WARRANTY APPLIES IF THE CUSTOMER IS RESPONSIBLE FOR THE LACK OF CONFORMITY OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WHEN THE PRODUCTS HAVE NOT BEEN USED, STORED, MAINTAINED OR WASHED IN STRICT ACCORDANCE WITH THE INSTRUCTIONS SET OUT ON THE PRODUCT LABELS.
IN THE EVENT THAT ANY PRODUCT IS DEFECTIVE, FLAWED OR NON-CONFORMING TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE, CUSTOMER REMEDIES SHALL BE LIMITED TO THOSE DESCRIBED IN THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL THE SELLER BE LIABLE FOR CLAIMS FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE, SALE OR FABRICATION OF PRODUCTS WHICH DO NOT CONFORM TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE. THESE TERMS AND CONDITIONS DO NOT AFFECT LOCAL STATUTORY RIGHTS.
13. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, BRUNELLO CUCINELLI CHINA SHALL NOT IN ANY CASE BE HELD LIABLE TOWARDS USERS, CUSTOMERS OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM USE OF THIS SITE AND/OR THE CONTENTS, OR ANY INFORMATION CONTAINED IN THE SITE OR RELATING TO THE PRODUCTS.
BRUNELLO CUCINELLI CHINA ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES, REGARDLESS OF THE CAUSE, ORIGIN, NATURE AND CONSEQUENCES, INCLUDING, WITHOUT LIMITATION, THE COSTS INCURRED OR ANY OTHER LOSS OF INTANGIBLE ASSETS ARISING FROM THE USE OF THE WEBSITE OR INABILITY TO USE OR FROM RELIANCE ON THE INFORMATION PROVIDED DIRECTLY OR INDIRECTLY, AVAILABLE ON THE SITE. THE SELLER SHALL NOT BE HELD LIABLE BY REASON OF WITHDRAWING ANY PRODUCT FROM THE SITE AFTER AN ORDER OR FOR REFUSING TO ACCEPT ANY ORDER.
BRUNELLO CUCINELLI CHINA CANNOT BE HELD LIABLE FOR ANY LIABILITY ARISING OUT OF THE SALE OF PRODUCTS, EITHER DIRECT OR INDIRECT, IN THOSE CASES WHEN THE COMPANY DOES NOT ACT AS THE SELLER OF THE CONCERNED PRODUCTS.
ANY STATUTORY LIABILITY REMAINS UNAFFECTED.
The User acknowledges and agrees to indemnify Brunello Cucinelli China from any legal action, claim, claims by third parties and related damages and expenses, including legal expenses, arising from, or related to, use in any irregular way and/or illegal use of the Site and/or the Contents of this Site by the User or by persons under their protection or direction.
All enquiries, including those concerning Orders, should be notified to Brunello Cucinelli China by using the contact form available in the "Contact Us" section of the Site main menu.
The Terms and Conditions relating to the sale of the products by Brunello Cucinelli China are subject to the laws of the People's Republic of China. Any dispute in relation to the Terms and Conditions relating to the sale of the products by Brunello Cucinelli China shall be submitted to the people's court where Brunello Cucinelli China is located.
In these Terms and Conditions, words in the singular include the plural meaning and words in the plural include the singular meaning.
No waiver by Brunello Cucinelli China of any breach of these Terms and Conditions shall be a waiver of any preceding or succeeding breach.
Invalidity or unenforceability of one or more provisions of these Terms and Conditions shall not affect the validity of any other provision of these Terms and Conditions. If possible, any unenforceable provision within this Agreement will be construed to reflect the original intention of the Parties.
Any unauthorized reproduction, even partial, of these Terms and Conditions is strictly forbidden.