Terms & Conditions

1. Scope and Acceptance of General Terms of Sale

The purchase of Products offered on the website www.brandiniente.com (hereinafter the "Website") is subject to these general terms and conditions of online sale (hereinafter the "GTC").

BRANDINIENTE products (hereinafter the "Products") are intended exclusively for sale to end consumers, natural persons or legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereinafter the "Customers"). Consequently, the Customer declares that they are acting as an end consumer and have no intention of reselling the Products for commercial purposes.  

BRANDINIENTE may update these GTC at any time.

The Customer may consult the version of the GTC in force at any time by clicking on the link https://brandiniente.com/termini-e-condizioni. The GTC applicable at the time the sales contract is concluded shall be applicable and binding on the Customer.

Furthermore, for each purchase of Products on the Website, the Customer will be asked to confirm acceptance of the GTC applicable on the date their order is placed. These GTC can be viewed at the time they are asked to confirm their acceptance. As proof of such acceptance, the Customer must tick the box "I have read and accept the General Terms and Conditions of Sale of the brandiniente.com website".

2. Order Terms

Any order placed on the Website implies express acceptance of the GTC and acceptance of the prices and Products available for sale on the Website.

Order Process
The Customer who wishes to place an order must follow the following procedure:

Product selection: the Customer must select the Product they wish to order.

Check the content of the Customer's selection: the Customer checks the content of their cart and has the possibility to remove the Products they have selected.

Identification: the Customer must complete the identification form made available to them and provide the required information (mandatory information: title, surname, first name or company name, email address, password, telephone number for delivery).  

Verification of the Customer's order: the Customer checks the content of their order(s), the total price, the delivery and billing addresses, and has the possibility to remove a Product or modify the billing or delivery address. The Customer confirms their delivery and payment methods. The Customer must confirm their acceptance of these GTC by ticking the corresponding box. Validation of the order is only possible after selecting this box. From this stage, the Customer will no longer be able to modify and/or cancel their order.

Confirmation of receipt of the order: the Customer receives an email summarizing the content of their order, namely:

Their delivery and billing addresses
The order number
The date of the order
The list of Products ordered and the corresponding quantities  
The delivery method (Customer's address or "point relay")
The Customer is invited to keep and print this document, which constitutes official proof of their order. The order is then recorded and processed by BRANDINIENTE, which verifies the availability of the Products ordered. Any order placed implies acceptance of the prices and descriptions of the Products on sale.

Confirmation of shipment of the order: the Customer receives an email summarizing the content of their order and confirming the shipment of the same. The contract is considered concluded on the date of sending this email.

Order tracking
An order tracking number is provided to the Customer when their order has been confirmed.
If the Customer wishes to obtain information on the progress of their order, they can access the website of the courier chosen by BRANDINIENTE, e.g.: UPS, at www.ups.com, and track the package at any time. The Customer also receives information via email regarding the various stages of the processing and preparation of their order until its shipment.

3. Product Availability

BRANDINIENTE's product offers and prices are valid as long as they are visible on the Website and are subject to stock availability.

Exceptionally, errors or modifications may occur, particularly in the case of simultaneous orders of the same Product by multiple Customers.

In the event that the Product is unavailable after placing the order, BRANDINIENTE will inform the Customer by email or telephone as soon as possible, offering them to order another available Product on the Website as a replacement, or to cancel their order at no cost.

BRANDINIENTE reserves the right to modify the Products offered on the Website at any time and without notice.

To ensure better service quality and the availability of its Products with all its online Customers, BRANDINIENTE reserves the right to limit the quantity of Products that can be purchased by a particular Customer, in accordance with applicable regulations and in particular those of Article 53 of the Italian Consumer Code (Legislative Decree 6 September 2005, n. 206).

Although every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, particularly due to the technical limitations of color reproduction on Customer devices. Consequently, BRANDINIENTE cannot be held responsible for non-substantial errors or inaccuracies in photographs or graphic representations of the Products that appear on the Website.  

BRANDINIENTE reserves the right not to accept an order from a Customer with whom it is in conflict for a previous order, or if BRANDINIENTE reasonably believes that this Customer has violated these GTC or has been involved in fraudulent activity, or for any other legitimate reason.

4. Price
Prices are inclusive of taxes and do not include customs duties for orders outside the EU, which will be charged to the Customer. Outside of cases of reimbursement made (i) in relation to the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, BRANDINIENTE will not reimburse the VAT applied to purchases made on the Website (even if the Customer, after receiving the Products, returns the Products from a third country outside the European Union).

BRANDINIENTE reserves the right to modify the prices of the Products offered on the Website at any time and without notice.

Products are invoiced based on the rates displayed on the Website at the time the order is placed, subject to product availability.

All orders are payable in Euros and must be settled immediately upon placing the order.

In case of unavailability of part of the Products ordered (see Article 4 "Product Availability"), only the price and shipping costs relating to the available Products will be charged.

Payment methods

By credit card (Visa, CB, Mastercard, American Express): Payment is made on the secure website of the banking institution and authorized by BRANDINIENTE. 

By payment app: via Paypal, Alipay, Apple pay (mobile) and Android pay (mobile).

This means that no bank information relating to the Customer passes through www.brandiniente.com [invalid URL removed].

Payment is therefore guaranteed by the partners responsible for managing the financial transaction.

The order will be registered and validated upon acceptance of the payment by the banking service.

5. Reservation of Ownership
The ordered Products remain the property of BRANDINIENTE until the full price is received by BRANDINIENTE. However, the Customer assumes the risk (i.e. loss, theft or deterioration) relating to the delivered Products from the moment they are delivered to the address indicated at the time of the order.

6. Terms and Conditions of Delivery
The handling and shipping costs depend on the country and the total amount of the order. They must be indicated on the invoice.
BRANDINIENTE cannot be held responsible for any actions and/or costs and/or taxes (which fall under the responsibility of the Customer) and/or delays due to customs over which it has no control.
For all Products, the order is prepared to leave BRANDINIENTE's logistics warehouses within a maximum of 3 working days (subject to warehouse availability and except for the special case of Products sold "in pre-order" for which the card indicates the specific estimated delivery time) from the email confirmation of the order. The average period between placing an order and its delivery is 2 to 3 working days. This is an average period based on previous orders.

Notwithstanding the aforementioned timeframes, "pre-order" transactions may be subject to shipping periods that may exceed the estimated shipping time. The estimated shipping time for "pre-order" transactions can be between 2 and 3 weeks from the date of the order, as indicated in the purchase process.

Exceeding this estimated period cannot result in any cancellation of the order, reduction of the price paid by the Customer or compensation. The Customer is also informed that in some special cases (e.g. products marketed in "pre-order"), the above periods may be longer. However, if delivery does not occur within 30 days of the maximum deadline for delivery, the Customer will have the option to cancel such order at no cost. Any sums they have paid will then be refunded. In cases where it has the capacity, BRANDINIENTE reserves the possibility of offering the Customer a Product of equivalent quality and price to the initial product.

If the order reaches a certain volume, BRANDINIENTE may send it to the Customer in multiple deliveries and/or in multiple packages.

Generally, all packages are shipped via UPS. A delivery slip is attached to the package. The Customer is invited to keep it as it will serve as proof of delivery.

The Customer is required to verify the conformity of the delivered Products at the time of delivery and before signing the courier's delivery slip. They must indicate on this delivery slip and in the form of handwritten reservations any defects concerning the delivery (damaged Product, etc.). Such verification is considered carried out as soon as the Customer, or a person of their trust, has signed the delivery slip. Subsequently, no complaints regarding the condition of the package will be admissible. In case of reservations about the delivery, the Customer must also confirm them to the courier within 3 working days of receiving the item(s) and send a copy of such letter to BRANDINIENTE by email at info@brandiniente.com 

In case of incomplete address, incorrect address, impossibility of inserting the package in the Customer's letterbox, refusal of the package by the recipient, lack of information that makes it impossible to deliver the Product to the recipient at the appointed time, BRANDINIENTE cannot be held responsible for the failure to complete the delivery definitively. If this lack of information leads to a second presentation to the recipient, BRANDINIENTE will have the right to ask the Customer to pay the corresponding costs for such second delivery.

The Customer is subject to the courier's general terms and conditions of delivery and, in some cases, non-compliance with these conditions may affect the quality of the delivery. Therefore, in case of the recipient's absence, based on the courier's general terms and conditions of delivery, the Product may be presented again and/or left at an agreed delivery point and/or in front of the Customer's residence and/or in a courier's "sorting - storage" center and/or returned to BRANDINIENTE, which in no case can be held responsible for the theft, loss or damage of the Products in relation to their delivery and, more generally, for the quality of the final delivery.

In case of impossibility of delivery and if the product must be returned to BRANDINIENTE by the courier, BRANDINIENTE will not make any new delivery.

Any complaints relating to the delivery of the Products must be submitted within 14 working days following receipt of the Product(s) under the same conditions as above. If it is decided that the products must be returned to BRANDINIENTE, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must previously contact the Customer Service by email at info@brandiniente.com  to obtain a return number to be noted on the "Return Authorization" attached to the order as well as any information relating to the shipment. No package will be accepted without a return number. This number must be written legibly with a pen on the package.  

For the return address, please contact by email: info@brandiniente.com

7. Right of Withdrawal

Pursuant to Articles 52 and following of the Italian Consumer Code (Legislative Decree 206/2005), the Customer has 15 days from the day of delivery of the Product purchased on the Website to inform the Customer Service of their intention to return the Product.

To initiate the return procedure, it is necessary to contact our Customer Service by email info@brandiniente.com , indicating the reason for the return and the order number.

After evaluation of the request, the Customer will receive detailed instructions on how to proceed, including the shipping address and a return number to be transcribed on the package or inserted inside it.

To ensure maximum flexibility, the Customer will organize their own return, selecting the time and place of collection that best suits their needs.

The cost of the return is borne by the Customer, unless the product received does not correspond to the one ordered or if it has defects. In such cases, please provide photographic documentation and send it by email to info@brandiniente.com .

In order for the Customer Service to accept the exchange and/or refund, the Product must be returned in its original condition and packaging, undamaged, with the label attached, unworn, accompanied by all its accessories.

Any package returned after the established deadline will be refused and returned to the sender. Packages returned COD will not be accepted, regardless of the reason. The costs and risks related to the return of the Products are borne by the sender.

BRANDINIENTE cannot be held responsible in case of loss, theft or damage of the package.

Packages for which it is not possible to identify the Customer (surname, first name, address and return code) will be refused.

Any return must be made with a traceable method (UPS, FEDEX, DHL, with return receipt requested, etc.) and the tracking number must be provided to BRANDINIENTE.

Upon receipt of the returned product from the Customer, the Customer Service will send a confirmation of receipt of the product by email.

In the event that the Customer correctly exercises the right of withdrawal, BRANDINIENTE will reimburse the entire amounts paid including standard shipping costs incurred at the time of purchase of the products (excluding any customs charges), within a maximum of 15 days by bank transfer to the account associated with the credit card used.

8. Legal Guarantees

The Products sold by BRANDINIENTE are subject to the legal guarantee conditions provided for in Articles 128 to 135 of the Italian Consumer Code (Legislative Decree 206/2005) as well as Articles 1490 to 1497 of the Italian Civil Code, excluding any other guarantee.

BRANDINIENTE will refuse any claim for Products that have been used contrary to their intended use.

Any complaints regarding the Products in their current form and without relation to delivery must be submitted by email to info@brandiniente.com .

Legal guarantee of conformity:
BRANDINIENTE will deliver to the Customer a Product that is compliant with the contract and that is free from defects of conformity at the time of delivery of said Product, to the extent that the Product is suitable for the normally intended use for similar goods and that it must have the characteristics presented during the sale. BRANDINIENTE is also responsible for defects of conformity resulting from packaging, assembly or installation instructions provided that such responsibility is contractually agreed or such processes have been carried out under its responsibility.

Legal guarantee against hidden defects:
BRANDINIENTE will ship to the Customer a Product free from hidden defects that would render it unsuitable for the intended use or that would substantially reduce its use, which the Customer would not have purchased or that would have paid a lower price if they had been aware of such hidden defects.

These guarantees apply provided that the Customer makes a request within a period of 24 months from the delivery of the Product (for the legal guarantee of conformity) or from the discovery of the defect (for the legal guarantee for hidden defects).

Defects of conformity that manifest themselves within the period of 24 months from delivery are presumed to exist at the time of delivery, unless proven otherwise.

In case of actual non-conformity of a Product sold by BRANDINIENTE, the Customer may choose between repair or replacement of the Product, unless one of these choices is commercially unreasonable for BRANDINIENTE. If repair or replacement of the Product is not possible, the Customer may be refunded and must return the Product or keep the Product and be refunded a portion of the price, unless the defect of conformity is minor.

In case of an actual hidden defect in a Product sold by BRANDINIENTE, the Customer will have the choice of returning the Product and being refunded the price and costs incurred for the purchase or keeping the Product and being refunded a portion of the price.

In any case, it will be up to the Customer to prove that they satisfy the guarantee conditions correctly.

Return, replacement or refund of the Product will occur at no expense to the Customer and will not prevent any possible damages where applicable.

In case of a defect of conformity and/or hidden defects recognized by BRANDINIENTE, if the Customer chooses to return the Product, they must contact by email: info@brandiniente.com.

The Customer must previously obtain a return number as well as any clarifications regarding the shipment from the Customer Service, to be contacted by email at info@brandiniente.com. No package will be accepted without a return number. This number must be written legibly with a pen on the package.

9. After-sales Service and Spare Parts Availability

Any technically repairable Product is eligible for a paid after-sales service. For any repair request, the Customer must contact Customer Service directly by email at: info@brandiniente.com.

In accordance with Article 130, paragraph 4 of the Italian Consumer Code (Legislative Decree 206/2005), BRANDINIENTE does not provide any guarantee regarding the availability period of spare parts essential for the use of the Products. However, BRANDINIENTE will do its best to satisfy its Customers in case of a request for one or more spare parts.

10. Limitation of Liability

Under no circumstances shall BRANDINIENTE be held liable for any damages that do not result from BRANDINIENTE's failure to comply with one of its obligations.

11. Personal Data

When the Customer registers on the website www.brandiniente.com, BRANDINIENTE collects personal information (personal details, email address, gender, etc.) through the registration form in order to offer services accessible in BRANDINIENTE's restricted access areas. The completion of personal data concerning the Customer is essential for the processing and delivery of their orders.

The ordering process on the www.brandiniente.com website requires the creation of a Customer account where information is stored and protected by a password chosen by the Customer. This information is strictly confidential and intended exclusively for BRANDINIENTE. The data will be processed in strict compliance with the provisions of the Personal Data Protection Code (Legislative Decree 196/2003) and Regulation (EU) 2016/679, General Data Protection Regulation.
In this regard, BRANDINIENTE undertakes in particular to: (i) ensure the confidentiality of personal data processed under this document by implementing appropriate security measures in its field of activity, (ii) ensure that persons authorized to process personal data under this document commit to respecting confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in personal data protection, and (iii) ensure that its potential subcontractors comply with legal obligations on behalf of and according to BRANDINIENTE's instructions.

The Customer will at all times have the right to access, modify, rectify, and delete their data. To exercise this right, they can submit a request to BRANDINIENTE via email at info@brandiniente.com.
Subject to validation with an "opt-in" from the Customer, personal information (personal data, email address, gender, etc.) may also be used by BRANDINIENTE and/or its partners for marketing purposes, such as sending newsletters or requests.
The Site uses cookies to personalize the experience and best meet the Customer's needs. The purpose of the cookie is to indicate that the User has visited the Site.
BRANDINIENTE's personal data processing policy is accessible on the Site.

12. Intellectual Property
All documents, information, texts, graphics, images, photographs, or any other content published on the Site www.brandiniente.com are the exclusive property of BRANDINIENTE. Consequently, they may not be reproduced, exploited, or used for any purpose without the express authorization of the person responsible for publication.
BRANDINIENTE owns all intellectual property (except for moral rights of authorship) relating to the Products and the trademarks and distinctive signs under which the Products are marketed.
The Customer unreservedly acknowledges BRANDINIENTE's intellectual property rights and undertakes not to violate them in any way. In particular, the Customer expressly undertakes not to manufacture, sell, license, or otherwise market, directly or through third parties, for their own benefit or for the benefit of third parties, the Products, imitations or reproductions of the Products, or intellectual property rights relating to the Products and trademarks belonging to BRANDINIENTE.

13. Force Majeure

"Force majeure" means all unforeseeable and unavoidable external circumstances beyond the reasonable control of the party experiencing a case of force majeure.
In the situation where BRANDINIENTE is unable to honor its commitments or honors them late due to a case of force majeure, BRANDINIENTE undertakes to inform the Customer within 96 hours, specifying the exact elements that constitute force majeure, the reasonably foreseeable period of delay or impediment. BRANDINIENTE will then be exempt from liability in relation to the non-performance or delay in the performance of its obligations, but undertakes to do its best to resume full execution without further delay. In case of force majeure, BRANDINIENTE may exercise its discretionary right to terminate the order or part of it, without being held liable, except that BRANDINIENTE will be required to reimburse the Customer for any amounts already paid. In no case may the Customer invoke a case of force majeure to release themselves, even temporarily, from the obligation to pay a sum of money.

14. Applicable Law – Disputes

These GTC will be governed by and interpreted in accordance with Italian law. The original language of this contract is Italian.

In case of dispute, Italian courts will have sole jurisdiction. However, pursuant to EC Regulation 593/2008 of June 17, 2008, these GTC do not preclude the application to the Customer of more favorable mandatory provisions that cannot be derogated from, and possibly applicable based on the Customer's habitual place of residence.

In case of a dispute arising in relation to the execution and/or interpretation of these GTC, the Customer may submit such dispute to a contractually agreed mediation procedure or any other alternative dispute resolution procedure. Pursuant to Legislative Decree 28/2010 and subsequent amendments, any consumer dispute or litigation may be the subject of an amicable settlement through mediation through a mediation body registered in the appropriate register held by the Ministry of Justice. To submit a complaint to the mediator, the Customer may (i) complete the form on the website of the chosen mediation body, (ii) send their request by priority or registered mail to the address of the mediation body, or (iii) send an email to the address of the mediation body. Regardless of the means used to contact the mediation body, the Customer's request must contain the following elements to be processed quickly: their postal address, email address and telephone number, as well as the full name and address of BRANDINIENTE, a clear statement of the facts, and proof of previous actions taken with BRANDINIENTE.
Notwithstanding the above, in case of dispute, pursuant to Regulation No. 1215/2012 of December 12, 2012:

• The Customer may bring the matter before the competent court of their domicile or the Italian courts,
• BRANDINIENTE may bring the matter before the court of the Customer's domicile.