1. Object

These Terms of Sale govern remote sales of products on the web site www.brakeless.eu (the “Site”).

 

The seller is Pool Promotion srls, with registered office at via Sardegna 32, 20146 Milano, Italia, registered on the Companies Register of Milano, Tax Code and VAT registration N. IT11626840968 (the “Seller”).

 

1. Acceptance of the Terms of Sale

Placing a purchase order for a product on the Site (an “Order”) is only permitted to a client having the legal capacity to enter into binding agreements in compliance with the applicable law (“Client”).

Orders are governed by the Terms of Sale and by all legislation, which, from time to time, may be applicable to the individual Order. Clients are invited to read the Terms of Sale carefully before placing an Order.

 

The Seller may modify the content of the Terms of Sale at any time. For each individual Order, the version of the Terms of Sale that applies is that which is published on the web Site at the time the Client places the Order.

 

1. Products

All products offered for sale are illustrated in detail on the Site, within the various sections, subdivided by product category.

 

The products are not meant for resale.

 

All visual representations of the products published on the Site (e.g. photographs, videos, etc.) have only an indicative value. The sole purpose of these representations is to show to the public products that are for sale, without the Seller being able to guarantee the absence of any minor discrepancies between the images of a product published on the Site and the actual appearance of the product (for example, with reference to the actual dimensions and/or aspects of colour of the products and/or of their packaging).

 

In the unlikely event of a difference between the product image and that which is indicated in the text of the product data sheet, the indications given in the product data sheet for this product will always prevail.

 

1. Orders

The Client must follow the instructions published on the Site to place an order. In particular, the Client can decide if they wish to register on the Site in accordance with the instructions provided in the registration form and by providing the information requested in it, or alternatively, they can complete the Order as a guest, without registering on the Site.

 

In order to place an Order, the Client must in all cases complete in full, and then submit, the order form provided on the Site.

 

1. Contract of sale

The order form submitted by the Client has the value of a contractual proposal and entails the full awareness, and acceptance in full of the Terms of Sale. The Seller reserves the right to accept (or otherwise) such proposals, entirely at its own discretion.

 

The contract of sale for the products between the Seller and the Client must, in fact, be considered to have been concluded with and upon the subsequent dispatch by the Seller to the Client of a confirmation of order, via email (the “Confirmation of Order”).

 

The Confirmation of Order sent to the Client contains all the essential data concerning the Order, including, for example, the list of products purchased, the price of the products including shipping costs, as appropriate, information identifying the Client, and the invoice/delivery address.

 

The Confirmation of Order carries a unique identification number for the Order, which must be quoted in any subsequent communications with the Seller by the Client.

 

The Client undertakes carefully to verify the correctness and accuracy of the information contained in the Confirmation of Order, and to notify any error in this information promptly to the Seller. Any additional charges entailed in the fulfilment of the Order caused by an inaccuracy in the information supplied by the Client and/or contained in the Confirmation of Order, may be charged to the Client.

 

All Orders can be viewed by the Client on the Site, in their personal area, in the case where a Client is registered on the Site, or by contacting the Seller’s Client Service, after issuing the Order, in other cases. This data will be available for a period of 12 months form the order being delivered.

 

1. Prices

The prices for the products available for purchase at the Site, inclusive of 22% Italian VAT, are clearly and transparently indicated on the Site.

Prices does not include any duty or import tax due for sales outside the European Community, this cost will be charged, following the customs regulation of the customer country, by local authorities. In any case Brakeless will not take care or  be considered responsable for this costs.

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Delivery costs are notified to the Client at the time of checking out the Order and are notified once again in the Confirmation of Order. The cost of each shipment may vary according to the delivery and payment method, as well as the destination of the shipment and/or total Order amount.

 

Any changes that may occur for the products will be effective from the date of publication of the new prices on the Site, without any retrospective effect on Orders already accepted by the issue of a Conformation of Order.

The Seller reserves the right not to accept an Order due to an error in the price published on the Site or indicated in in the email sent to confirm the receipt of the Order, prior to the Confirmation of Order.

 

1. Invoicing and Payment method

Payment for Orders is made using the following methods:

• Credit Card

• Paypal

 

The Seller will only debit the purchase at the time of acceptance of the Order. Even so, the Seller reserves the right to carry out security checks on the payment method selected by the Client, or to apply pre-authorisation or to make an advance charge for precautionary reasons.

The Seller uses a primary payment gateway to authorise payments for Orders. This means that the Seller does not directly manage any financial information relating to the method of payment used by the Client, nor does the Site process any financial information supplied by the Client for the purposes of completing the Order.

In order to ensure the maximum level of security for purchases, information concerning payments transmitted via the internet is encrypted using SSL (Secure Socket Layer). All data is transferred in encoded form using this SSL certificate and therefore cannot be intercepted by external parties.

 

In the unlikely eventually of an error, negligence, or unlawful acts relating to the management of transactions associated with an Order by payment gateway and intermediary payment systems, the Seller cannot be held responsible for such an error, negligence or unlawful act.

The Seller reserves the right to cancel an Order in the case where a fraudulent use of the payment method adopted for this Order has been notified. In addition, the Seller shall not be held responsible in the case of an unlawful use of a payment method by a third party that is not attributable to its own error or negligence.

 

1. Delivery methods

The Seller shall deliver products to all the States, within, and outside Europe, that are indicated on the Site. The delivery will take place without the requirement for an appointment to be made.

 

The Seller undertakes to dispatch the products without undue delay, and in any event, no later than thirty days from the conclusion of the contract. The dispatch of the product shall take place using a leading courier company. Delivery times will vary according to the destination of the delivery, and are, in any case, provided by way of indication, and delays in delivery times may occur. Delivery times may vary for various reasons (for example, atmospheric conditions and strikes).

 

No liability may be invoked against the Seller by the Client in the case of a delay in the fulfilment of the order or delivery of the Products purchased.

 

Products ordered will be sent to the postal address specified by the Client. The Seller will send the Confirmation of Order to the Client as soon as the Order is allocated to the courier.

 

Deliveries of Orders are carried out only on working days, unless agreed otherwise, according to the methods indicated by the courier selected by the Client. The delivery is deemed to have been completed when the Product has been made available to the Client at the address specified in the Order.

 

In the case of non-delivery due to the recipient being unable to receive the Order, the courier will send an email informing the recipient of this and will try to deliver again in accordance with the methods established by the courier.

 

If the new attempt at delivery is impossible due to the recipient being unable to receive the Order, the Client Service Department will attempt to contact the Client to schedule a new delivery.

 

If the Client Service Department is unable to contact the Client for 10 (ten) successive days, or in the case of a subsequent failure to deliver the Order due to a reason attributable to the recipient, the product that is the subject of the order shall be returned to the Seller by the courier.

 

After 30 (thirty) days from the date when the products were returned to the Seller, due to the impossibility of carrying out the delivery, the Order shall be deemed to have been cancelled. In this situation, the Seller will implement reimbursement of the sum paid by the Client in respect of the Price and costs of initial shipment, less the costs incurred by the Seller for the return of the Products by the courier and the costs of storage of the Products at the courier service’s premises.

 

Cancellation of the Order shall be communicated by email to the Client, at the same time as the repayment amount. The reimbursement shall be credited to the Client via the payment method originally used by the client for the purchase.

 

In the case where, prior to the above-mentioned thirty days, the Client request receipt of the purchased Products, the Seller will implement a new attempt to deliver to the Client, once the costs related to the delivery to the Client, and the costs for storage/return of the product to the Seller have been charged by the courier.

 

At the time of the delivery of the Product by the courier, the Client is required to check carefully that the number of items in the delivery corresponds to the number indicated in the transport documentation.

 

Any damage to the packaging and Products or discrepancy between the number of items/packages or indications must be raised immediately by the Client, who can contact the Seller via the Client Service Department specifying the Order with which these errors were identified.

 

Occurrences of force majeure, non-availability of means of transport, and unforeseeable or unavoidable events causing a delay in deliveries or rendering deliveries difficult or impossible or causing a significant increase in the cost of delivery to be paid by the Seller, will entitle the latter to subdivide, postpone, or cancel, in full, or in part, the proposed delivery, or to cancel the Order.

 

In such cases it shall be the responsibility of the Seller to provide timely and appropriate communications to the Client concerning their decisions, at the email address indicated by the Client, and the latter shall be entitled to a refund of the price already paid, to the exclusion of any further claim for any reason whatsoever by the Client against the Seller.

 

At the time of the delivery of the Products by the courier, the Client is required to check carefully that:

 

• the package is not damaged or otherwise adversely affected;

• the number of items in the delivery corresponds to the total indicated on the transport documentation.

 

Any damage to the packaging and Products or discrepancy between the number of items/packages or indications must be raised immediately by the Client, who can contact the Seller via the Client Service Department in order to resolve all problems arising in connection with the Order.

 

1. Right of withdrawal

Within up to 14 (fourteen) days of the date of delivery of the Order, the Client is entitled to exercise their right to withdraw from the purchase contract, without any penalty and without having to state a reason.

 

For verification of compliance with the above deadline, the date of delivery of the products derived from the Site of the courier that was used shall prevail.

 

If the Client decides to exercise the right to withdrawal as set out above, they must first notify their wishes to the Seller by accessing their account and clicking on the “My Orders” link. The Client then selects the Order, clicks on "return" and follows the instructions for the return of the products that are the object of the withdrawal.

 

For more detailed information, Clients are invited to consult the section of the Site relating to return procedure [link].

 

The return option is only active on Orders that have already been delivered to the Client based on the tracking system supplied by the courier.

 

The Seller will only accept the return of items that have not been used, are not worn, or damaged, and that do not present defects that are not attributable to production:

• returned products must be returned with all labels, security seals, packaging and accessories (cases, hangers, garment covers, etc.) that were received with the Order;

• products, labels, security seals, packaging and accessories, must not show any sign of use, scratching, or alteration in any way (worn, washed, ironed, etc.).

 

The Seller will only accept the return of products that have been acquired via the Site (brakeless.eu). For guarantees and returns of products that were not acquired on the Site, Clients must refer to the shop where they acquired the goods. If the products have been purchased at a physical store, the consumer protection rules specifically applicable to distance selling shall not apply.

 

Once the requirements for the exercise of the right of withdrawal have been verified, the Seller will notify the Client of the acceptance of the return and proceed with the reimbursement of the purchase price and any shipping costs incurred by the Client.

 

The Seller undertakes to implement the reimbursement procedure within 14 (fourteen) days as from the date of receipt of the products returned, or from the date when the Client has demonstrated that they have returned the products, whichever is the soonest. Reimbursement will paid by the same method as the Client used in order to place the Order.

 

In the case where the Client has returned the products in the absence of the conditions required for the exercise of the right of withdrawal, the Seller will be unable to accept the validity of the return, and the Seller will return the product to the Client, subject to verification of availability for this purpose, and reserves the right to charge the associated costs of shipping to the Client.

 

Following multiple returns by a given Client, the Seller reserves the right not to accept any further orders from this Client.

 

1. Statutory guarantee

On the basis of the provisions of applicable law, the Seller shall assume responsibility for any original defect in the products.

The Seller warrants that the products sold on its Site are free of defects and that they comply with the provisions of the contract. In particular, products:

• Comply with the description provided on the Site and have the qualities of the products that the Seller has presented to the Client as a sample or model;

• Are fit for the purpose for which goods of the same type are normally used;

• Have the level of quality and usual performance of goods of the same type, that the Client can reasonably expect, taking into account the nature of the goods in question.

 

Marginal differences between the description of a product on the Site and the actual characteristics of the product cannot be considered as grounds for a complaint of non-conformity for the present purposes.

The guarantee of conformity of the products sold on the Site shall remain for a period of 2 (two) years from the date of delivery of the products to the Client.

In the case where a non-compliant product has been delivered, the Client can request that it is brought back to compliance, without cost to them, by means of repair, or replacement. If this is not possible, the Client shall be entitled to reduction in the price, or reimbursement in full of the price, and (where incurred) of the costs of shipment.

The Client shall inform the Seller of any non-conformity of the products purchased within a period of 2 (two) months from the date when the Client discovered the non-conformity.

The fact of the receipt of the products by the Seller, following activation of this procedure, does not, of itself in any way entail acknowledgement of any non-compliance of the products (it being first necessary for this to be verified to an accurate degree by the Seller).

Direct action taken by the Client to assert the existence of hidden defects is prohibited, in any case, within twenty-six months of the delivery of the product.

 

1. Processing of personal data

Client data are processed by Seller in accordance with the requirements of the provisions of current legislation in respect of the protection of personal data, as specified in the information in the section specifically dedicated to this subject, the "Privacy and Cookie Policy".

 

1. Communications and complaints

All communications or claims, if any, on the part of the Client against the Seller, concerning the fulfilment of Orders, must be sent via the appropriate contact forms or via email, to: [service@brakeless.eu]

 

The Seller undertakes to satisfy the Client’s requests and needs as far as possible, and to resolve any dispute with the Client in as amicable a manner as possible.

 

The European Union provides consumers with a platform for the submission of complaints concerning products purchased online and for seeking resolution of disputes via an independent dispute resolution body:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT