1. ORDERS AND ACCEPTANCE

When the Customer places an order, an order receipt confirmation email is sent. This email is merely a confirmation that the order has been received and does not constitute its automatic acceptance. The agreement will not be completed until the Company sends confirmation by email that the products ordered by the Customer are available and have been shipped. In the event that the Product is unavailable and/or in the event of non-acceptance of the order, the Company will promptly inform the Customer and refund the same if payment has already been made. In this case, the Customer will not be entitled to any other compensation or indemnification.

The final agreement will include only the number of the goods specified in the confirmation email sent at the time of shipment. The Company reserves the right to refuse Orders from a Customer with whom a dispute and/or a claim relating to a previous Order is in progress or has previously occurred, or from a Customer deemed unsuitable due to prior breaches of the Terms of Sale or due to their involvement in fraudulent activity or any other reason considered reasonable. When the Customer makes an order, they undertake to ensure that all of the details provided are true and exact, that they are authorised to use the credit or debit card used to make the order and that there are sufficient funds to cover the full value of the purchase.

2. WARRANTIES

Only products bearing the registered “Blumarine” trademark are offered for sale on www.blumarine.com. The Company does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. The essential features of the products are contained in each product information sheet. The images and colours of the products offered for sale may not correspond to the actual ones owing to the Customer’s Internet browser and monitor used. All products sold via the Website are covered by a legal guarantee of conformity. The seller is liable to the consumer for any non-conformity existing at the time of delivery of the goods that becomes apparent within two years after delivery. In the event of a confirmed lack of conformity of the goods, the consumer has the right to have the goods replaced. If replacement is not possible or in the presence of other conditions provided by law, the consumer has the right to terminate the contract. The right to termination is excluded for minor defects. This legal guarantee operates independently of any other commercial warranty that may be offered. In any case, the action to assert defects expires within twenty-six months of delivery of the goods. To exercise their rights in regards to the legal warranty, the consumer may contact the seller at the contact details indicated in these Terms of Sale.

3. PRICE AND AVAILABILITY

The prices of products may be subject to change. The Customer must check the final sales price before submitting the relevant order form. Prices are given in Euros. Whenever applicable, prices include VAT. In the event that, due to an obvious and recognisable material error, the price indicated on the Website is disproportionately lower than the normally known price of the product, the Company reserves the right to cancel the order and not proceed with the shipment, providing a refund to the Customer. In this case, the Customer will be promptly informed by our Customer Service team. If applicable, delivery costs will be clearly specified in the summary before the order form is sent. The cost of products for the foreign market (outside of Italy) may be different, depending on the trade policies of the destination country. All the specified prices may be subject to such variations. The Company reserves the right to set up a specific section of the Website in order to sell products belonging to past sale seasons, by applying – if necessary – a special discount.

4. PAYMENT

Payment can be made by the Customer using one of the methods listed in the “Accepted Payments” section on the website. Once the order is received, the Company will check the data provided, which will lead to the pre-authorisation of the payment method chosen by the Customer. Products will not be shipped until this pre-authorisation check has been completed. In the case of payment by credit card, the Customer making the payment confirms that they are the owner of the credit card used. Credit cards will be subject to verification and authorisation by the issuer, and if such entity refuses or does not authorise payment, the Company will not be liable for delayed delivery or non-delivery. A pre-charge will then be made on the Customer’s debit/credit card and the order will be accepted temporarily. The actual payment debit on the Customer’s credit/debit card, including the purchase price of the products and the shipping charges (if applicable), as indicated in the order form, will be made when the final order leaves the Company’s warehouses. In the case of credit card payment, the Customer’s financial information (for example, credit/debit card number or expiry date) will be forwarded to the banks that supply the relevant remote payment services through an encrypted protocol. Furthermore, such information will never be used by the Company, except to complete procedures relating to the Customer’s purchase and to issue any refunds in the event of any returns of the product, as a result of the right of withdrawal, or if it becomes necessary to prevent or report fraud on the Website to the relevant authorities. In the case of payment with Scalapay, the Customer receives the order immediately and pays in 3 instalments. Please be aware that the instalment payments will be carried out directly by Scalapay IP S.p.A.

5. SHIPPING AND DELIVERY

Please see the "Shipping Countries" section to view a list of the countries to which the Company can send the goods purchased on the Website.

Purchase requests from countries that do not appear in the "Shipping Countries" section cannot be accepted.

Shipping and handling charges depend on the country to which goods are to be sent and the delivery times that the Customer requests. Please go to the "Shipping Cost & Times" section to see a list of shipping and handling rates and terms of delivery.

The transfer of ownership of the product will take place at the time of actual delivery to the Customer. As soon as the Company has delivered the goods to the address supplied by the Customer, via a specially designated courier, the Customer will become liable for them, even in the event of any loss or damage they may sustain. Except in the event of force majeure or unforeseeable circumstances, deliveries will be made within 30 (thirty) days from the date indicated in the order. In the event of failure to deliver within the aforementioned deadline, the Customer will ask the Company to deliver within an additional deadline and if this deadline should also expire without delivery being made, the consumer will be legitimated to terminate the contract, and the Company will reimburse all expenses incurred. The provisions of Article 61, paragraph 4, of the Italian Consumer Code remain unaffected.

Upon delivery, the Customer must:

1. check that the number of packages delivered corresponds to that indicated in the order;
2. check that the packaging and its seals are intact, not damaged, not wet or altered in any way;
3. sign the courier's delivery document with a legible signature;
4. if requested by the courier, show an identity document.

Any damage to the packaging and/or products or any discrepancy in the number of packages or instructions must be immediately contested to the courier, specifying that acceptance of the order is made “with reservation”. Furthermore, the Customer will be required to promptly inform the Company of the problem encountered by providing adequate photographic documentation and a specific signed declaration. Once the courier's document has been signed without the Customer having raised any objections, in the absence of timely communication to the Company and/or in the absence of adequate photographic documentation to support it, the Customer will not be able to raise an objection regarding the external characteristics of the package delivered and regarding any defects or damage found in the product due to shipment.

6. RIGHT OF WITHDRAWAL AND RETURN

The Customer has the right to terminate the contract, without needing to provide any reason and without incurring any fines, within 45 days of receiving the products. The right of withdrawal is considered to be correctly exercised if the following conditions are met:

1. the Customer must inform the Company of their decision to withdraw from the contract in an explicit written declaration, by completing the online returns form or submitting a written declaration with the wish to withdraw from the contract clearly expressed therein;
2. The return must be made by carefully following the return instructions provided in the return request confirmation email. If the customer does not receive this email, they can request that our customer service team forward it via email. The Company cannot be held liable in any way for returns made that do not follow our guidelines.
3. should the Customer send the package through the courier appointed by the Company, they should glue the pre-printed, prepaid label on the original box (or another, equally sturdy one) in such a way as to cover the original label bearing the Customer’s address. The box must be delivered to the courier already packaged in such a way as to allow its transport without damaging the items inside.
4. the goods must be shipped to the address on the pre-printed label, without unjustified delay and in any case within 45 (forty-five) days from the date on which the Customer issued notification of withdrawal from the contract. The term will be observed if the Customer returns the goods before the expiry of the 45 day period.
5. All returned items are subject to inspection and must meet the parameters listed below. Garments must not have been worn, washed or altered and must not show any signs of use. Each garment must be returned with all original tags, packaging and accessories received with the order. Shoes and accessories must be returned with their original box, which is considered an integral part of the product itself and must not have been damaged and/or altered in any way. Swimwear and underwear (bikinis, briefs, boxer shorts, etc.) must be tried on over your own underwear. Returns of these items will be refused if the transparent hygiene protection label has been removed, or if the items show signs of use.
6. In the event that the Customer receives defective goods, or if there are errors in the items shipped by the Company, the Customer must contact our customer service team via email and await instructions before proceeding with the return. The Company reserves the right to request photographic evidence before authorising returns for defective or incorrect goods and to cover the shipping costs and any import duties for the return of the goods to its premises.

Withdrawal is not permitted for personalised products. Once the warehouse has received and inspected your return, and if it has met all the criteria set out in this section and the Terms of Sale, the Customer will be refunded within 14 days of the date the goods were delivered to the warehouse. It is understood that the Company will provide a refund solely for the products returned and actually present in the package at the time of inspection, and, therefore, will not proceed with a refund for missing products, even if they are the subject of an online return procedure.

7. REFUNDS

After the products have been returned, the Company will perform all necessary assessments of their conformity with the terms and conditions set out herein. If the inspections are successfully concluded, the Company will send the Customer an email confirming acceptance of the returned items. Whatever the payment method used by the Customer, the Company will process the refund no later than 14 (fourteen) days after the date that the goods have been received. If the product recipient indicated on the order form does not match the person who made payment for the amounts due for their purchase, the Company will make the refund – in the event that the right of withdrawal is exercised – to the person who made payment.

The Company uses different shipping companies to return products, depending on the country. The Customer may return the products to the Company without having to personally sustain the necessary expenses by shipping through these couriers, using the pre-printed adhesive label attached to the package containing the product. This method also makes it possible to assess where each package is at any time, releasing the Customer from any liability in the event of loss or damage of the products during shipment. If the Customer decides to use a courier other than the one specified by the Company to return the products, the Customer will instead have to personally pay the necessary expenses and will be held liable should the products become lost or damaged during shipping, in accordance with the modes and terms governing the right of withdrawal. The Company reserves the right to charge the shipping costs and any re-import customs duties to the Customer in the event that the package sent is returned to the Company for reasons attributable to the Customer (e.g., a Customer who cannot be found at the indicated delivery address or who does not collect the package at the indicated location, etc.). In the event of a dispute by the Customer regarding non-delivery of their order, the Company will contact the assigned courier to verify the status of the shipment. If the courier confirms delivery and displays the Customer's signature on the delivery receipt, the refund request will be considered by the Company only after the Customer has sent a declaration of disavowal of the signature.

8. DISCOUNT CODES

Discount codes for individual account holders or general promotional discount codes may be periodically offered at the Company’s discretion. The account discount codes may be applied only for purchases made using the account for which the discount code has been offered and registered and for the time period for which they are granted. Promotional discount codes may be applied to all purchases or specific purchases made through the Website. The methods and any restrictions on use of a discount code will be communicated by the Company in the same message notifying the existence of said discount code.

In the case of payment made, in whole or in part, with a coupon or discount code, the refund in the case of return will be made in the following ways:

• the Company will calculate the percentage impact of the coupon or discount code on the total purchase price;
• the Company will apply the calculated percentage to the price of the product(s) being returned and calculate the monetary amount;
• the Company will provide the refund by issuing a new coupon or discount code, for the part calculated as indicated above and through the ordinary refund methods, for the remaining part.

9. PRIVACY POLICY

When making an order through our Website, the Customer provides us with their personal information. The Company will use this personal information to process the order, deliver the goods and supply the related services. The customer's personal information will be collected and used in compliance with the terms of the Company’s privacy policy, which can be consulted in the relevant section.

10. JURISDICTION AND APPLICABLE LAW

These Terms of Sale are governed by Italian law, without prejudice to any different prevailing mandatory rule of the country of residence, and in particular by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to regulations governing distance contracts, and by Customer’s habitual Italian Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce.

In case of disputes related to an online purchase, we inform our customers that Alternative Dispute Resolution (ADR) procedures are available. For more information on the ADR entities available and your rights as a consumer, you can consult the European Commission's consumer dispute resolution site: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_en.

Any dispute or complaint associated with these General Terms of Sale will be subject to the sole jurisdiction of the court of residence of the consumer/user.

For further explanations regarding these terms and conditions, the Customer can contact the Company’s Customer Service department.