legal & privacy
TERMS & CONDITIONS
art.1 commercial policy.
art.2 customer requirements.
art.3 purchase procedure.
art. 4 conclusion of the sales contract.
art. 5 products sold, prices and their availability.
art.6 guarantees.
art.7 method of payment.
art.8 discount coupon codes.
art.9 shipping of products and duties.
art.10 right of withdrawal.
art.11 return of non-conforming products.
art.12 processing of personal data.
art.13 applicable law and jurisdiction.
Terms & Conditions
PRELIMINARY STATEMENT
The offer and sale of products on this website owned by Brand Holding S.r.l. with registered office in Italy, Tax Code / P.IVA 09153331211 – REA number NA-1012290, (from now on, also “Seller”), reachable at the URL www.juliecassel.com (from now on, “Website”), are governed and regulated by these Terms & Conditions.
It should be noted that these Terms & Conditions exclusively regulate the sending of purchase order proposals for products available on the Site by the User and the acceptance of the same by the Seller. Therefore, the supply of services or the sale of products by parties other than the Seller, even if they may be present on the site or reachable, for example, through links, banners, or other types of connection are not included. The Seller is therefore not responsible for the provision of services or sale of products by the aforementioned third parties.
Art.1 COMMERCIAL POLICY.
- The products offered and purchased on the Site (hereinafter, “Products”) are sold directly by Brand Holding S.r.l., to all Customers, except for some provisions applicable exclusively to the Consumer Customer (“Consumer Customer” means a natural person who purchases the products for purposes unrelated to any business or professional activity carried out); it is assumed that the Customer who sends a purchase proposal by entering his VAT number in the area relating to the Customer’s personal data is not considered a “Consumer Customer” but considered as a “Professional”. Articles 50 to 63 of Italian Legislative Decree no. 206/2005.
- If the User is not a final consumer, he will not be able to avail himself of the right of withdrawal for explicit afterthought.
- All order proposals and returns made on the Site must correspond to normal consumption needs, both in relation to the number of Products purchased with a single order, and in the case of a plurality of orders relating to the same Product, even where each order is quantitatively corresponding to normal consumption needs.
- Brand Holding S.r.l. reserves the right not to accept proposals for purchase orders for Products from subjects who are not final consumers, as well as any other purchase order proposal that does not comply with the Terms & Conditions and the Terms of Use, communicating to the User the non-acceptance of the order proposal.
now on, “Website”), are governed and regulated by these Terms & Conditions.
It should be noted that these Terms & Conditions exclusively regulate the sending of purchase order proposals for products available on the Site by the User and the acceptance of the same by the Seller. Therefore, the supply of services or the sale of products by parties other than the Seller, even if they may be present on the site or reachable, for example, through links, banners, or other types of connection are not included. The Seller is therefore not responsible for the provision of services or sale of products by the aforementioned third parties.
Art.2 CUSTOMER REQUIREMENTS.
In order to place orders on the Site, and acquire the status of Customer, the User declares to possess the following mandatory minimum requirements:
- be of age, that is, be 18 years of age or older;
- Possess and provide a valid telephone number and email address;
- possess the ability to act and therefore be able to enter into legally binding contracts.
Art.3 PURCHASE PROCEDURE.
As already clarified, the purchase of Products on the Site is allowed only to Users who meet the requirements as per paragraph 1, 2, 3 of Art. 2.
- The purchase of Products on the Site can take place with or without registering an account on the Site.
- The registration of the account on the Site is free, and the related procedure is detailed in point 6 of the Terms of Use.
- To purchase, choose the Product individually (also in its size) and click on “Add to cart”. The cart represents a virtual location of the User in which the Products chosen and ready to be paid are stored, both in the event that the User is registered, and in the event that he decides to proceed with the purchase without registration.
- Adding Products to the cart does not guarantee the possibility of completing the purchase: the Products in the cart remain at the same time available to other online Users and to customers in the physical store, until one of them completes the procedure purchase.
- The User can add Products to the cart and find them again when the next browser session is opened thanks to cookies (for information on cookies, see the Cookie Policy), but this does not guarantee their real availability: when the order will be sent or when it enters the cart, you will receive a notice if they are in the meantime sold out.
- The Products can be added to the cart, if available, in any position of the site they are displayed (navigation by category, homepage, related products, etc.).
- When the selection of the Products is completed, the User must examine the cart for a summary and control: to access it, click on the “View cart” or “Cart” link or on the icon depicting the cart, displayed in the menu located in each page of the Site.
- The cart always indicates the total amount to be paid, including taxes, VAT, shipping costs and any ancillary costs. If, during the order phase, the User enters a delivery destination outside the European Union, the value of the total price (indicated as “Grand Total” on the “Checkout” page) will be updated without VAT.
- The user residing outside the European Union is responsible for the duties and ancillary costs for import calculated during customs clearance by the Customs of destination.
- If the Products in the cart are actually those desired, following the User check, the latter must click on “Proceed to Checkout” (or, alternatively, “Proceed to Checkout”), on the cart page, or on ” Go to the cashier ”, in the menu on any page. “Checkout”, or “Cashier”, means the representation and virtual representation of the cashier of the Seller’s shop.
- If the Customer has not yet logged in as a registered User, he can choose to finalize the purchase in three ways:
- as a guest customer, without access to their account;
- by accessing your already registered account;
- register on the Site and then access your newly registered account.
- Even in the first case, the customer must still provide some data necessary to manage the order such as, by way of example, the order header, shipping address and e-mail contact.
- Checkout is divided into 4 (four) main points:
- order header and shipping address;
- shipping method, with which the Customer can choose how to receive the ordered Products, or, if applicable, whether to collect them directly in the Seller’s shop;
- payment method, with which the customer can choose the payment method and obtain the necessary information;
- review your order, which summarizes all the information about the order, the Products ordered, the shipping and payment methods chosen, with the relative prices and the indication of the amount of taxes and duties (VAT).
- By clicking on the boxes corresponding to “I have read and fully accept the Terms of Use and the Privacy Policy” and “By submitting the order proposal, I fully accept the Terms & Conditions”, and then on “Send order”, the User will bring at the end of the purchase procedure, by sending the order to the Seller.
- Without acceptance of the Terms of Use, Privacy Policy and Terms & Conditions, as indicated in the previous point, it is not possible to forward the order to the Seller.
Art. 4 CONCLUSION OF THE SALES CONTRACT.
- Pursuant to the directive 2011/83/EU of the European Parliament and of the Council of 25 october 2011 the seller provides the following information.
- For the purpose of concluding the sales contract, the User (hereinafter also the “Customer”) must send, electronically, through the Site, a purchase order proposal, by filling in the appropriate form on the “Checkout” page (or “Cashier”) and clicking on “complete order” or “Pay now”.
- The sending of the order proposal requires and implies the full knowledge and acceptance by the Customer of these Terms & Conditions, which in any case should be printed and stored, and constitutes a binding purchase proposal for the Customer.
- Upon receipt of the order proposal, the Seller will send the Customer an automatic e-mail confirming receipt of the Customer’s order proposal (e-mail called for brevity “Order receipt confirmation”), which in no way constitutes acceptance of the Customer’s order proposal, containing:
- Terms & Conditions applicable to the contract, via links to this page, containing conditions and methods for exercising the right of withdrawal by the Customer and the recognition of the legal guarantee of conformity of the Products;
- information on the essential characteristics of each Product ordered and its price (including taxes or duties);
- methods of delivery of the Products and related shipping / delivery costs;
- contact details and methods of contact of the Seller, as well as of the assistance service;
- delivery time of the ordered Products.
- Upon receipt of the order proposal from the Customer, Brand Holding S.r.l. reserves the right to confirm the availability of the ordered Products, as well as to verify the details of the previous transactions made by the Customer on the Site. If the ordered Products are not available (or on sale on the Site at the time of sending the order proposal but subsequently no longer available), or for any reason Brand Holding S.r.l. could not fulfill the Customer’s order, the Seller will immediately notify the Customer by e-mail and the contract will not be concluded.
- The contract is to be considered concluded only when a subsequent e-mail from the Seller of acceptance of the order proposal (called for brevity “Order Summary”) arrives at the Customer’s e-mail address, with confirmation of the availability of Products ordered and their subsequent shipment or collection availability at your own store. Therefore, only the available Products indicated in this e-mail, or automatic message, accepting the order proposal will be included in the contract.
- In the specific case in which the Customer chooses the bank transfer as a payment method, the contract is to be considered concluded at the different time in which a subsequent e-mail from the Seller of express acceptance of the proposal will arrive at the Customer’s e-mail address. order, with the confirmation of the availability of the Products ordered and the indication of the bank details to make the payment (e-mail or automatic message called for brevity “Order update”). Only the available Products indicated in this e-mail, or automatic message, accepting the order proposal will be included in the contract. Upon receipt of payment by bank transfer, the Seller will still send the Customer the “Order Summary” e-mail.
- There is no commitment between the Customer and the Seller, and therefore no contract can be considered concluded, until the Seller has sent the Customer the “Order Summary” e-mail or, in the case of payment by bank transfer, the “Order update” e-mail referred to in points 4.6 and 4.7 above, respectively.
- The order proposal acceptance e-mail will also contain a summary of:
- Terms & Conditions applicable to the contract, via links to this page, containing conditions and methods for exercising the right of withdrawal by the Customer and the recognition of the legal guarantee of conformity of the Products;
- information on the essential characteristics of each Product ordered and its price (including taxes or duties);
- methods of delivery of the Products and related shipping / delivery costs;
- contact details and methods of contact of the Seller, as well as of the assistance service;
- delivery time of the ordered Products.
- At the time of shipment, the Customer will receive an additional e-mail containing an indication of the courier in charge and the tracking number of the shipment.
- The order proposal, and any subsequent contract concluded, will be stored in the Seller’s database for the time necessary for the execution of the contract and, in any case, in accordance with the law. The Customer, if in possession of a personal account on the Site, will be able to access the data relating to his order, and therefore to the concluded contract, if the order has been completed having previously logged in to the account.
- There is no commitment between the Customer and the Seller, and therefore no contract can be considered concluded, in the event that they are committed, in the procedure of compiling and sending the order, for facts attributable to both the Customer and the Seller, and also for facts not attributable to them, obvious and recognizable errors or inaccuracies (by way of example and not limited to: errors or inaccuracies relating to the Customer’s data, the identification and / or selection of the Products and / or the relative quantities and / or the relative price ).
- The purchase contract is subject to the termination condition of non-payment of the price by the customer, so, in the event that the customer does not pay the due price, the contract will be considered terminated by law. Of this resolution and the consequent cancellation of the order, the Customer will be immediately notified by the Seller by e-mail.
- In any case, in the unlikely event of a contract not concluded for any reason whatsoever, which however has already generated a payment of the price by the Customer, the Seller will refund the amount already advanced by the Customer, through the same channel with which the Customer has made the payment. In case of cash on delivery, the refund must necessarily be made by bank transfer, after contacting the customer.
Art. 5 PRODUCTS SOLD, PRICES AND THEIR AVAILABILITY.
- The Products that can be purchased on the Site from the Seller are the items in the electronic catalog published on the Site and displayed by the User at the time of sending the order proposal.
- Each Product is described in detail in the specific information page dedicated to it, which will also indicate the price and availability of the Product itself.
- The displayed prices of the Products are in Euros and are inclusive of taxes and duties (VAT), where applicable. Delivery costs, which may vary in relation to the chosen delivery method and / or in relation to the payment method used, will be specifically indicated (in Euros and inclusive of taxes and duties, where applicable) during the purchase process, before the Customer sends the order proposal, in the receipt of the order proposal (“Confirmation of order receipt”) and in the e-mail of acceptance of the order proposal.
- The prices of the Products may be subject to updates, the Seller reserving the right to modify them at any time. The User is therefore invited to check the price of the Products before sending the order proposal.
- The Seller reserves the right to change the price of the Products at any time, without any limits, it being understood that the price of the Product charged to the Customer who has formulated a purchase order proposal will be that indicated in the order summary, displayed by the Customer himself before sending the order proposal and in the relative receipt, and that any changes subsequent to the transmission of this order will not be taken into account.
- Although the availability of the Products is constantly monitored and updated by the Seller, since the Site can be visited simultaneously by multiple Users, it could happen that several Users purchase the same Product at the same time, or that the latter is purchased offline at a store. physical of the Seller. In such cases, therefore, the Product may appear on the Site, for a short period of time, available, although it is instead sold out or not immediately available (it being necessary to obtain restocking).
- If the ordered Product is no longer available for the reasons indicated above, or in any case in other cases of unavailability of the Product, the Seller will immediately notify the Customer by e-mail and the contract will cover only any other Products ordered and available, or, failing that, no contract will be concluded.
Art.6 GUARANTEES.
- The Products sold on the Site are guaranteed by Brand Holding S.r.l., which carries out retail sales in its physical stores, or online, through the Site (www.juliecassel.com).
- The Products sold on the Site are exclusively top quality goods, made directly under specific indications at manufacturing companies controlled and selected by it. Of the Products sold on the Site, the Seller is the official authorized reseller of the relative “Julie Cassel” brand.
- The Products sold on the Site are of a quality equal to the corresponding standards offered on the market, they are not used, irregular or vintage. However, the clothing and fashion accessories sector is constantly evolving and offers treatments on objects that may be inconsistent with the quality according to the terms of the customer’s judgment. For this reason, the description of each Product on the Site will specify the conditions of presentation of the product offered, if it differs from the standards on the market. The Customer is therefore invited to always read the Product description, or to contact the assistance service by writing to: customerservice@juliecassel.com.
- The images and colors of the Products for sale on the Site may not correspond to the real ones due to the Internet browser and the screen of the device used by the User. The Seller declines all responsibility for the possibility that the colors of the Products may differ slightly from the real ones, due to a particular configuration or malfunction of the device, browser or screen of the device used by the User, or due to the limits due the standardization of web data, such as to reduce the weight and information of images reproduced in a “color space” often reduced compared to the visual spectrum of the human eye.
- The Products sold on the Site are covered by the legal guarantee of twenty-four (24) months for lack of conformity, in accordance with the law. The lack of conformity of the Product must be communicated to the Seller within two (2) months of its discovery, by registered letter with return receipt, certified e-mail or by contacting the assistance service (by writing to: customerservice@juliecassel.com). In case of ascertained lack of conformity, subject to verification by the Seller, the Customer has the right to request the repair or replacement of the Product, or, where such remedies are not possible or are excessively expensive, has the right to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the Consumer Code.
- For the return of the non-compliant Product, the provisions of Art. 11 of these Terms & Conditions.
Art.7 METHOD OF PAYMENT.
- For the payment of the price of the products (including taxes and duties, if applicable), and the relative shipping and delivery costs, the Customer can opt for one of the following methods, however indicated on the “Checkout” page (or “Cashier” ): Credit card; PayPal circuit; request to send money through the PayPal circuit; advance bank transfer. In any case, the Seller reserves the unquestionable right to suspend, without notice and justification, one or more of the aforementioned payment methods.
- The Customer is required to follow the following payment procedures in order to purchase the ordered Products, depending on the payment method chosen by him.
- In case of payment by credit card, the customer can use the secure remote electronic payment system offered by Stripe, which accepts the most popular credit cards, adhering to the Visa / Visa Electron, MasterCard, American Express circuits. By adopting this payment system, the payment information is encrypted by the SSL (Secure Socket Layer) protocol. Stripe protects the Customer’s data, as no financial information is passed to the Seller, which does not store, store or access the financial and personal data provided during the transaction. For any information, the Customer is referred to the Stripe website.
- In case of payment through the PayPal circuit, the Customer will be redirected to the PayPal website. Payment will be sent to PayPal Account of Vendor, according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed with PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller, who is therefore unable to know and does not store in any way the data of the Customer’s Credit Card (possibly connected to his account PayPal), or the data of any other payment instrument connected with your possible PayPal account.
- In case of payment by request for sending money through the PayPal circuit, with the automatic e-mail confirming receipt of the order, the Customer will be asked to communicate the e-mail address corresponding to his PayPal account to which the Seller must formalize the request to send money for the sale of goods. Once the Customer communicates this e-mail address, the Seller will formalize the aforementioned request directly through the PayPal platform, so that the Customer can make payment through this circuit. The Customer guarantees that the e-mail address corresponding to the PayPal account belongs to him and the shipping address indicated on this platform is attributable to him, exempting the Seller from any liability deriving from information not correctly communicated by the Customer, or from him reported on the PayPal platform.
- In case of payment by bank transfer in advance, the Customer will be provided with the bank details for the arrangement of the transfer with the e-mail of acceptance of the order proposal, which concludes the contract. The Customer is required to indicate, in the reason for the bank transfer, the order number, indicated in the aforementioned e-mail of acceptance of the order proposal. Once payment has been made, a bank transfer receipt must be sent by the Customer to the Seller by e-mail to customerservice@juliecassel.com within 24 hours of sending the order proposal. Failing this, the order will be canceled and the contract will be considered terminated by law, pursuant to Art. 4 of these Terms & Conditions. The shipment of the purchased Products will be made only after receipt of the transfer by the Seller, and consequently the delivery terms of the Products will start from that date.
- In all cases, with the exception of payment by bank transfer in advance, the price for the purchase of the Products and the relative shipping costs will be charged to the Customer’s account (Credit Card, PayPal) at the time of sending the acceptance. , by the Seller, of the Customer’s order proposal and, therefore, at the time of the conclusion of the contract.
Art.8 DISCOUNT COUPON CODES.
- The Seller may offer codes, called “Discount Coupon Code”, to Users registered on the Site; these discount coupon codes can only be applied to purchases made through the User account for which they were offered and registered, and are strictly personal and non-transferable.
- Discount Coupon Codes can have various origins and are generated without notice, and will always be communicated individually to the Direct Users concerned.
- Discount Coupon Codes may not be cumulative: the Seller will specify if and when only one can be used per order.
- The use of a discount Coupon Code can occur with a maximum spending limit, which will in any case be indicated by the Seller if it is set.
- Some products may be excluded from some promotions and, therefore, it will not be possible to use the discount coupon code for the order of the related products.
- A discount Coupon Code cannot be applied to orders that have already been processed (i.e. sent to the Seller’s system).
- If the User is in possession of a discount Coupon Code, he must write it in the appropriate space that appears in the final phase of the Checkout procedure (“Review your order”) under the indication “Coupon Code” or “Discount Code” and then click on “Apply Coupon”: the overall total of the final price will then be updated automatically.
- Discount Coupon Codes can represent discounts, promotions or initiatives, which can be applied in various ways: by way of example, it can be a discount defined in a precise monetary value, or a discount defined as a percentage value on the purchase. The monetary value discount Coupon Code cannot in any way be converted into money to be sent to the Customer, but it will be a discount applicable on the purchase, and will apply exclusively to Products whose sales value exceeds the value of the code itself.
- The specific conditions of use governing the discount coupon codes will be specified at the time of their issue.
Art.9 SHIPPING OF PRODUCTS AND DUTIES.
- The delivery of the Products is subject to a fee and, unless otherwise specified, the delivery costs are charged to the Customer. The amount of delivery costs due in relation to a specific order is expressly and separately indicated (in Euros and inclusive of taxes and duties, if applicable) during the purchase process and in the order summary, before the Customer proceeds to sending the order.
- The Seller ships the Products ordered with the service provided by affiliated couriers, which track all shipments, in Italy and in the world. At the time of shipment, the Customer will be provided with the tracking number of the shipment, so that he can follow the progress of the shipment of his order.
- In any case, for shipments destined outside the European Union, the shipping service is of the Delivery Duties Unpaid (DDU) type, ie customs duties and charges, import taxes and local taxes are always charged to the recipient Customer.
- Couriers make deliveries from Monday to Friday, during office hours. In the event that the delivery is not successful due to unavailability of the recipient and/or failure to find the address of the recipient due to negligence of the customer or refusal of the customer, the order will be sent back to the seller’s warehouse and the purchase contract It may be considered terminated by law, pursuant to and for the purposes of art. 1456 Civil Code The Seller will therefore proceed to refund the price already paid by the Customer, minus the costs of unsuccessful shipping, storage costs, costs of returning to the seller and any other costs that the seller has incurred due to this. Of Failure to Deliver Due to the Absence or Refusal of the Recipient. The termination of the contract and the amount of the refund will be communicated to the customer via e-mail.
- Catalog products can offer free shipping. Free shipping will not be valid in cases where the delivery is unsuccessful due to the unavailability of the recipient, failure to find the address of the recipient due to negligence by the customer or due to refusal by the customer.
- As specified in the appropriate page “Shipping Costs and Timing”, if it is not possible to use an express courier for shipments outside Italy, the Seller may ship through the national and international post, indicating a shipping code to the Customer, without however guarantee traceability: this is the case (but not only) of Russia, whose shipment, always by post, is usually completed with times ranging between 20 and 30 working days. The Customer is invited to contact the Seller for any further information on delivery times, by writing an email to customerservice@juliecassel.com.
- Should order proposals be received that provide for the delivery of Products to areas not served by a regular shipping service, the Seller still reserves the right not to accept the order proposal.
- The shipment of the Products takes place exclusively and strictly following receipt of payment by Brand Holding S.r.l .: it is specified that, in the case of payment by bank transfer, the Seller will wait for the actual credit in currency to the current account in the name of Brand Holding S.r.l. and sending a bank transfer receipt will not constitute proof of payment.
- Customers residing in countries that are not part of the European Union are exempt from VAT and will not be charged for it. At present, the countries that are part of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czechoslovakia, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg , Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden.
- The Customer is required to report any particular characteristics relating to the place of delivery of the Product and / or its location. In the event that he does not provide such information or provides incorrect information, any additional costs that the Seller will have to incur to complete the delivery of the Product will be at his sole expense.
- When the Customer receives the ordered Products, he is required to carefully check the package before affixing a signature as proof of delivery of the shipment.
- In the event that the package is damaged or if the adhesive tape is tampered with, the Customer is required to sign the receipt “subject to control”, specifically indicating the reason for the reservation (for example: “laundry package” or ” crushed package “) or to refuse delivery. The unreserved receipt of the Products, in fact, does not allow the Seller to accept any request for reimbursement or compensation for damage by the Customer, nor to take legal action against the courier in the event of loss or damage to the Products, unless the loss or damage is due to willful misconduct or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is known and no later than eight days after receipt. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.
- In the event that the delivery has been accepted with an unauthorized signature or evidence of tampering with the package is found, the Customer is required to immediately report the incident to the local competent office of the courier and to contact the Seller by sending an e -mail to customerservice@juliecassel.com.
- In any case, shipping times may vary based on the availability of the Products and any forecasts are indicative and limited to the Italian territory.
- The Products sold are not subject to import taxes or customs duties, if sale and delivery take place in Italy or within the European Union.
- On the contrary, in the case of deliveries to countries that are not part of the European Union, the Products may be subject to import taxes and / or customs duties, depending on the type of product and the country of destination, which cannot be foreseen in advance. For this reason, for more information, the Customer is invited to contact the customs office of their country. In any case, any costs relating to import taxes and / or customs duties are the total and exclusive responsibility of the Customer.
Art.10 RIGHT OF WITHDRAWAL.
- In accordance with Article 9 of Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011, the Customer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within 14 (fourteen ) starting calendar days:
- for Products (goods) purchased on the Site, from the day of receipt by the Customer and in the event of non-delivery due to the absence of the customer, starting from the first delivery attempt by the forwarder in charge;
- for services (for example: Discount Coupon Codes), from the day of the conclusion of the contract, ie from the sending of the Customer’s order to the Seller’s systems and consequent digital delivery of the service.
- Pursuant to Article 11 of Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011, the Customer may withdraw from the contract concluded with the Seller by sending the Seller an explicit declaration of exercising the right of withdrawal from the contract, adopting only the downloadable form at this LINK referred to in Annex 1, lett. B of Directive 2011/83 / EU using, at its choice, one of the following methods:
- Mail the explicit statement of right of withdrawal to returns@juliecassel.com
- Request Via Web through the form on the page “RETURN OR CANCELLATION FORM“
- Upon receipt of the declaration of withdrawal, the Seller immediately communicates to the Customer, by e-mail, a confirmation of receipt of the withdrawal exercised, which will be followed, following the investigations, by a further e-mail of acceptance or refusal of the withdrawal, depending on the occurrence or failure to comply with the methods and terms for exercising this right indicated below. The above information and instructions are also described on our ” Changes and Replacements” page.
- Pursuant to Article 14 of Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011, once the withdrawal from the contract has been exercised, the Customer is required to return the Products, sending them to the Seller (to the operational headquarters of the Brand Holding S.r.l. in Via Gabriele D’Annunzio N. 40, 80014 – Giugliano in Campania – Naples – (Italy) without undue delay and in any case within 14 (fourteen) days from the date of receipt of the goods. The deadline is met if the Customer sends back the Products before the expiry of the period of 14 (fourteen) days. The costs of returning the Products to the Seller are entirely borne by the Customer, as well as the latter’s responsibility in case of loss or damage to the Products during transport, which is due to a negligent choice of the courier in charge of the shipment. and / or the shipping methods.
- Each return must be authorized and confirmed by Brand Holding Srl. Returned products without authorization and/or rights, if shipped by the customer independently, will be returned to the sender.
- In addition to the terms and methods described in the previous points 10.1, 10.2 and 10.3, the right of withdrawal is understood to be correctly exercised if the following conditions are also fully respected:
- the Products must not have been used, worn, washed;
- the Products are delivered to the Customer with an identification and disposable tag: it must still be present, well preserved and, in the case of disposable seals, attached in its original position;
- the Products must be returned in their original packaging, if it is disposable it must not have been opened and must still be tightly sealed;
- the Products must still have all the original labels, packaging and accessories (dust bags, hangers, clothing covers, temples, wrappers, etc.) received with the order;
- Products must not have already been subject to replacement and / or size exchange;
- the Products must not be damaged; the Products must be delivered to the courier in charge of shipping, or delivered directly to a physical store indicated by the Seller, within 14 (fourteen) days from the notification to the Seller of withdrawal from the contract;
in the case of Products shipped from a country outside the European Union, the import duties and taxes in Italy must be paid in advance by the Customer.
- Pursuant to Article 16 comma C of Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011, the right of withdrawal is also excluded in the event that the Customer has purchased Products made to measure or customized, or Products sealed which cannot be returned for hygienic or health protection reasons and which have been opened after delivery.
- If, upon adequate verification by the Seller, the right of withdrawal has been exercised following the methods and terms indicated above, the Seller will send the Customer, via e-mail, the acceptance of the withdrawal and the Products thus returned and, subsequently , to reimburse any price already paid, with the exception of: 10.00 Euros for products purchased at full price or 16.00 Euros if purchased during promotional periods for administrative and fee bank costs; any import taxes; customs duties and any other amount not included in the sale price, in the shortest possible time and, in any case, within 14 (fourteen) days of receipt of the return of the product, as described in detail above.
- In case of refund Pursuant to Directive 2011/83/Eu Of The European Parliament And Of The Council of 25 October 2011 which regulates the right of withdrawal, contracts for goods and services amounting to less than 50 Euros are excluded from the right of withdrawal . The return with refund using the same payment method can only be requested for refunds whose total value is greater than 50 Euros. For orders with a value of less than 50 Euros it is possible to request only a size change, subject to availability and payment of the two return shipments of the size to be replaced and the return of the product in the new size. The Customer can choose between two different methods, to be communicated to the Seller in response to his email accepting the exercised withdrawal::
- Voucher: a discount code corresponding to the price of the returned Products will be sent to the Customer, net of any import taxes, customs duties and any other amount not included in the sale price. This Voucher can be used within 360 (three hundred and sixty) days from the time of issue in a single solution for an order that has a value equal to or greater than the refund;
- Refund of payment: for orders paid with PayPal or Credit Card, the refund, net of any import taxes, customs duties, return shipping costs and any other amount not included in the sale price, takes place on the account / Credit Card from which the payment originated, according to timelines over which the Seller has no control power, as these are procedures under the exclusive competence of PayPal, or of the bank issuing the Credit Card. In the case of payment by bank transfer or cash on delivery, the amount will be returned to the Customer’s current account by bank transfer in the shortest possible time and, in any case, within 14 (forteen) days from the correct exercise of the Customer’s Right of Withdrawal, offsetting the sum corresponding to the bank commissions incurred by the Seller for making the transfer.
- If the Customer does not comply with the methods and terms for exercising the right of withdrawal referred to in points 10.2, 10.3 and 10.4, he will not be entitled to a refund of the sums already paid to the Seller, who will communicate via e-mail the non-acceptance of the made; in this case, within 14 (fourteen) days of receiving the Seller’s e-mail, the Customer may request to receive the Products again, at their own expense, in the state in which they were returned to the Seller. In case of refusal by the Customer, the Seller may keep the Products, in addition to the price already paid for their purchase. In any case, the Seller cannot be held responsible for:
- any delays in reimbursement attributable to the Customer (if he had not communicated preferences for the reimbursement and / or had communicated incorrect coordinates), banking institutions, payment circuits and / or third parties;
- products returned by mistake, or damaged or not returned due to the responsibility of the shipper or attributable to third parties.
- With the exercise of the right of withdrawal, the Customer is not entitled to any change (size, color, article, etc.) of Products.
- The Right of Withdrawal cannot be exercised by the Customer who purchases products by entering their VAT number. Article 3 of Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011, the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity is defined as a professional and not a consumer customer, or one of its intermediaries.
Art.11 RETURN OF NON-CONFORMING PRODUCTS.
- If the delivered Product does not comply with the order, or is flawed or defective, upon verification by the Seller, the Customer, as already recognized in point 6.5 of these Terms & Conditions, has the right to request the repair or replacement of the Product, or, where such remedies were not possible or were excessively burdensome, he is entitled to a reduction in the price paid or the termination of the sales contract, pursuant to Article 13 paragraph 3 of Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011.
- To request the repair or replacement of the non-compliant Product, the Customer must return the Product, following the procedure illustrated on the “Exchanges & Returns” page. Upon receipt of the Customer’s request, the Seller will provide feedback by e-mail, in which it will specify where and how the Product can be shipped or delivered to the Seller and that the Product itself must be subjected to careful evaluation.
- The return will in any case be at the Customer’s expense, including any costs relating to import taxes and / or customs duties.
- The Seller reserves the right to request photographic evidence before authorizing the return of defective Products.
- Upon receipt of the returned Product, the Seller will verify the actual existence of the defect or defect complained of and the non-attributability of the damage to the Customer himself or to the normal and correct use of the Product. In fact, the so-called occurring defects, ie defects due, for example, to the use of the Product or its lack or poor maintenance, are to be considered excluded from the legal guarantee.
- If necessary, the Seller will transmit the Product to its manufacturer, so that the latter can ascertain the actual existence, or not, of the defect or defect complained of and that the damage cannot be attributed to the Customer himself or to the normal and correct use of the Product, with times that may vary – without this being any constraint for the Seller, but only for information purposes – from 15 (fifteen) to 45 (forty-five) days.
- In case of defects, defects or damages of the Product attributable to the Customer or to the normal use of the Product, the Seller will communicate to the Customer, by e-mail, the reasons for the non-application of the remedies of the legal guarantee and the methods to recover the returned Product. , with costs at the total and exclusive expense of the Customer. In this case, moreover, the Customer will be required to reimburse the Seller for the costs incurred for the return (verification and transport) of the Product.
Art.12 PROCESSING OF PERSONAL DATA.
- The personal data of Users / Customers will be processed as illustrated in the Privacy Policy.
- For any further information on the processing of personal data, it is possible to contact the Seller by writing to customerservice@juliecassel.com.
Art.13 APPLICABLE LAW AND JURISDICTION.
- Without prejudice to the application of the mandatory rules for consumer protection, these Terms & Conditions are governed by Italian law and, in particular by the civil code, by Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 and by the Italian Legislative Decree N ° 9 April 2003, n. 70.
- In the event of disputes between the Seller and each User / Customer, arising from the Terms & Conditions, we inform you that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, accessible on the website http: //ec.europa. eu / odr.
- For all disputes relating to the purchase of Products on the Site and / or these Terms & Conditions, the Court of Naples (ITALY) will be competent.
Art.14 MODIFICATION OF THE TERMS & CONDITIONS.
These Terms & Conditions can be modified unilaterally by the Seller at any time and are to be considered effective from the date of publication on the Site.
Last Updated Date: 05 September 2022