TERMS AND CONDITIONS
The following TOS and Service and any other rules posted on our Site (collectively the “TOS”) constitute an agreement between CB CECILIA BRINGHELI (“we”, “our”, “us”) and you, the visitor, governing your access and use of any content and functionality available at the CB CECILIA BRINGHELI Website and related micro-sites accessed through the URL www.cbmadeinitaly.com and related domain names, and any other Website or micro-site of CB CECILIA BRINGHELI (collectively the “Site”).
CB CECILIA BRINGHELI is a trading company registered in Italy, whose registered office, officers, directors, shareholders, employees, agents, parent, subsidiaries and affiliates are at Corso Garibaldi 50, 20121 Milano, Italy.
By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full.
We may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
To use some of the services or features available on this Site you may need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. If any of your registration information changes, please notify us immediately at the following e-mail address [email protected] We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify CB CECILIA BRINGHELI immediately of any breach of security or unauthorized use of your account. Although CB CECILIA BRINGHELI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for CB CECILIA BRINGHELI’s losses or others due to such unauthorized use.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through CB CECILIA BRINGHELI is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the Republic of Italy.
In order to make purchases on the Site you may be required to provide your personal details. In particular, you might need to provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you may be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the CB CECILIA BRINGHELI terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to CB CECILIA BRINGHELI, whose applications are acceptable to CB CECILIA BRINGHELI and who have authorized CB CECILIA BRINGHELI to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. CB CECILIA BRINGHELI reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where CB CECILIA BRINGHELI feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
CB CECILIA BRINGHELI may offer products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to CB CECILIA BRINGHELI. CB CECILIA BRINGHELI will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at CB CECILIA BRINGHELI. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances, we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
CB CECILIA BRINGHELI will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in EURO currency and are inclusive of taxes. Each delivery is always free of charge.
All prices and offers remain valid as advertised from time to time. The EURO price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in EUROS, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Completion of the contract between you and CB CECILIA BRINGHELI will be perfected when the customer click “accept” on the Site. The sale contract is therefore concluded in the Republic of Italy. The language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by credit/debit card, as well as PayPal, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon credit/debit crad, or PayPal process. You confirm that the credit card/debit card/PayPal account that is used it is yours or that you have been specifically authorized by the owner of the credit card/debit card/PayPal account card to use it. All credit card/debit card/PayPal account holders are subject to validation checks and authorization by the card issuer/PayPal account subscriber/owner. If the issuer of your payment card refuses to authorize payment to CB CECILIA BRINGHELI, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit card/debit card/PayPal account transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered CB CECILIA BRINGHELI user, we will securely store your credit card/debit card/PayPal account details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, CB CECILIA BRINGHELI uses PayPal. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
CB CECILIA BRINGHELI insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fullfilment by CB CECILIA BRINGHELI, and transfer of responsibility in the same way.
The signature can be waived for domestic orders dispatched via UPS, FEDEX or similar companies including Postal services. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that CB CECILIA BRINGHELI can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize CB CECILIA BRINGHELI to leave the package(s) at the shipping address without obtaining a signature and release and indemnify CB CECILIA BRINGHELI from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Please note that the time necessary to dispatch an order will be written in the detail page of each product. However no liability is taken if the production and/or delivery takes longer than the indicated time frame.
During the production and the delivery time questions may be asked to [email protected] For no reasons we will accept returns or cancellations of any shoes not included in the “Timeless Collection” featured in the www.cbmadeinitaly.com site. Estimated delivery times are to be used as a guide only and commence from the date of the PayPal transaction. CB CECILIA BRINGHELI is not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
RECEIVING YOUR RMA
If you wish to return an item you should send a email to: [email protected] within 14 days of receiving your order. For no reason CB CECILIA BRINGHELI will accept requests later than 14 days of the receiving of the order. Once received the email from the customer, CB CECILIA BRINGHELI will send him/her a form to print in order to start the returning process.
RETURNING YOUR PURCHASE
CB CECILIA BRINGHELI provides a service of exchange product, store credit and refund. The exchange and the store credit are easy to use either our Domestic Returns or International Returns service.
EXCHANGES AND COSTS OF SHIPPING
Please note you can only exchange items for a different size, based on stock availability within the collection or for a same or higher value product. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit or a refund and purchase the new item separately. It is not possible to ask for an exchange or a store credit for customized shoes.
Customer is solely responsible to return the goods to CB CECILIA BRINGHELI and CB CECILIA BRINGHELI is solely responsible to pay the delivery of the goods and to insure the goods through its own insured shipping/delivery company or method.
Once received the good in a pristine/new condition CB CECILIA BRINGHELI will not charge the customer the costs of the shipping to deliver the shoes object of exchange.
If the shoes delivered back to CB CECILIA BRINGHELI will show signs of usage or scratches on the leather/canvas or any surfaces including underneath the soles the item/items will be not accepted as returnable/exchangeable by CB CECILIA BRINGHELI.
In this last eventuality CB CECILIA BRINGHELI will send back the customers same good or pair/pairs of shoes that has not been returned in a pristine/new condition. The costumers will be free of charge.
Items should be returned unused and with all CB CECILIA BRINGHELI and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be returned to the customer.
Where provided, such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email [email protected] if any of your purchases have been delivered without CB CECILIA BRINGHELI tags.
All items returned should have a clear identification through the printed emails exchanges history with CB CECILIA BRINGHELI through [email protected].
All shoes should be tried on a carpeted or soft fabric surface before wear to prevent scratches or any damages even underneath the soles. If the returned merchandise will not match the requirements just explained, the shoes will be not considered pristine therefore returnable. In this case the merchandise will be returned to the customer, who will be free of charge.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Being understood that CB CECILIA BRINGHELI are hand made and artisanal products, slight differences between each pair of shoes might occur and they must be considered part of the uniqueness of each item.
Goods are faulty if they are received damaged or where a manufacturing fault occurs. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability and only within the “Timeless Collection”. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a store credit, as well as to a refund.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including CB CECILIA BRINGHELI Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by CB CECILIA BRINGHELI and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. CB CECILIA BRINGHELI tries to ensure that the information on this site is accurate and complete. CB CECILIA BRINGHELI does not promise that CB CECILIA BRINGHELI’s Content is accurate or error-free. CB CECILIA BRINGHELI does not promise that the functional aspects of the Site or CB CECILIA BRINGHELI’s Content will be error free or that this Site, CB CECILIA BRINGHELI Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the designers and labels whose products we may sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of CB CECILIA BRINGHELI and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than CB CECILIA BRINGHELI, including advertisers. CB CECILIA BRINGHELI has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such Websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While CB CECILIA BRINGHELI will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the Republic of Italy.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless CB CECILIA BRINGHELI immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows: CB CECILIA BRINGHELI
Piazzale Baiamonti 1, 20…. Milano, Italy Attn.: Copyright Agent
email: [email protected]
GENERAL LEGAL TERMS
(a) Complete Terms: The TOS constitute the whole legal agreement between you and CB CECILIA BRINGHELI and govern your use of the Services and completely replace any prior agreements between you and CB CECILIA BRINGHELI in relation to the Services. Notwithstanding the foregoing, you understand that CB CECILIA BRINGHELI may make changes to the TOS from time to time. When these changes are made, CB CECILIA BRINGHELI will make a new copy of the TOS available at http://www.cbmadeinitaly.com. You agree that CB CECILIA BRINGHELI is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: CB CECILIA BRINGHELI is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which CB CECILIA BRINGHELI provides may change from time to time without prior notice to you. You further acknowledge and agree that CB CECILIA BRINGHELI may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at CB CECILIA BRINGHELI’s sole discretion, without prior notice to you.
(c) Confidentiality: You understand that CB CECILIA BRINGHELI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CB CECILIA BRINGHELI reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that CB CECILIA BRINGHELI has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which CB CECILIA BRINGHELI may suffer) of any such breach.
(e) Rights Not Waived: You agree that if CB CECILIA BRINGHELI does not exercise or enforce any legal right or remedy which is contained in the TOS (or which CB CECILIA BRINGHELI has the benefit of under any applicable law), this will not be taken to be a formal waiver of CB CECILIA BRINGHELI’s rights and that those rights or remedies will still be available to CB CECILIA BRINGHELI.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS, and your relationship with CB CECILIA BRINGHELI under the TOS, shall be governed by the laws of the Republic of Italy. You and CB CECILIA BRINGHELI agree to submit to the exclusive jurisdiction of the court of Milan – Italy and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Violation of TOS: Please report any violations of the TOS by emailing [email protected]
(i) Independent Relationship: You and CB CECILIA BRINGHELI are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and CB CECILIA BRINGHELI. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.