CATEGORIESTerms of Sale
Brichome cautions and guarantees your rights.
Read the following sales contract carefully in order to know the rights that the legislation recognizes to Consumers for purchases made online.
Did you buy the wrong product on our site? Do you want to return the product you purchased on our site?
No problem! The Consumer (as defined in the following sales contract) has the right to withdraw from the purchase contract by 14 days from the date of receipt of the goods. Contact us by email e-commerce@brichome.it, explain to us the reasons why you wish to return the purchases and we will arrange for the collection of the goods and credit you with the sums spent.
General conditions of Sale
The goods covered by these general conditions are offered for sale by ALD TRADE Srl, with headquarters in Turin (TO), 10123 Corso Vittorio Emanuele II, 12 registered with the Chamber of Commerce of Turin with registration code TO-1086841 and Asti with code AT-116229, VAT number 00899320055, tel. +39.0141.702163, PEC aldtrade@legalmail.it, hereinafter indicated with the sign "Brichome“.
Article 1: Definitions
With the term "General conditions” means this document, aimed at regulating the online purchase of the Products.
With the term "Customer” means the subjects, whether they are Consumers or Professionals, who purchase Products according to the indications on the Site and in the General Conditions.
With the term "Consumer Code ” means Legislative Decree 206/2005 and its subsequent amendments and additions.
With the term "Consumer" means the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, as defined by the Consumer Code;
With the term "Sales Agreement” means the sales contract finalized between the Customer and Ald Trade Srl with the Purchase Order confirmed by Ald Trade srl following the verified payment of the specified amount.
With the term "Purchase Order” means the order by the Customer which is generated by the system following the confirmation of the payment.
With the term "Products" (or "Product”) means all the products marketed by Ald Trade srl on its Website.
With the term "Professional"means the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary, as defined by the Consumer Code;
With the term "Site” means the set of web pages accessible by typing in the URL www.brichome.it.
Article 2: Acceptance of the general conditions of sale
Access to this website and its use are subject to the following conditions. Please do not continue browsing if you do not agree with the conditions set out here. By continuing to browse, the Customer expressly declares that he has carefully read each part and that he has fully accepted the content of the General Conditions, as well as that he has read all the information provided during the purchase procedure. The General Conditions govern and form an integral part of any Purchase Order and Sale Contract for Products marketed on the Brichome Site in force on the date of the relative Order. We reserve the right to modify or to black out all or part of this website and/and the General Terms and Conditions of Use. Since we may make the aforementioned changes at our discretion and without notice, every time you visit this site, please review these conditions again to verify that no changes or amendments have occurred.
Article 3: Registration on the Site and Data Processing
The Customer can propose the purchase of the Products, as illustrated in the information sheets on the pages of the Site.
In order to place a Purchase Order, the Customer must be of age (if a natural person), and provide some data, useful for order management, such as: name and surname/company name, tax code/VAT number, address e-mail, telephone number, shipping method and address.
Registration on the site takes place through the user's spontaneous provision of complete, truthful and up-to-date personal data, which will be treated as described in the privacy information provided below.
The user of the site, in the exercise of the optional, explicit and voluntary sending of e-mails to the addresses available therein, is responsible for the content and truthfulness of what is sent as well as for any violation of third party rights.
Furthermore, this sending involves the acquisition of the sender's e-mail address, which is essential to comply with the requests received, and also any personal data indicated in the message itself.
A password will be assigned to the user during the registration process. The user acknowledges that he is solely responsible for maintaining the confidentiality of his email address and password and remains in any case responsible in the event of access to the site and forwarding of purchase orders for products made through the use of his email address and password. The user is free to change the access password as he pleases through the appropriate reserved area, aware that his password is not in any case Brichome is aware of it.
The user undertakes to immediately notify Ald Trade Srl:
– any possible violation of the security rules regarding the information available on the website www.brichome.it.;
– any unauthorized use of your access data or any suspicions that such unauthorized access may occur.
Brichome informs, pursuant to article 13 of the legislative decree n. 196/03, that the personal data provided by the Customer will be processed at Brichome by means of paper and electronic registration and will be used for the sole purpose of:
1) fully execute all contractual obligations;
2) comply with the obligations established by law, by a regulation or by community and international legislation.
Brichome ensures that the processing of personal data takes place in compliance with fundamental rights and freedoms, as well as the dignity of the interested party, with particular reference to confidentiality, personal identity and the right to protection of personal data. Brichome also ensures a high level of protection of these rights and freedoms in compliance with the principles of simplification, harmonization and effectiveness of the methods envisaged for their exercise by you, as well as for the fulfillment of the obligations by the owner of the treatment.
The customer will not receive any commercial or promotional information from Brichome without having previously and explicitly given his consent to this type of communication.
Ald Trade srl does not guarantee that the information on this site is correct even outside Italy and, in particular, that the products and services are available with the same external appearance, in the same format or under the same conditions. The user undertakes to comply with all applicable laws relating to the transmission of data exported from the country of residence. If you visit this site or download information from outside Italy, please note that it is the user's responsibility to ensure that this behavior complies with applicable local legislation.
Pursuant to art. 7 of the Privacy Code, the Customer may request at any time to know, integrate, correct or delete personal data concerning him by writing an email to the e-commerce address @brichome.it.
Article 4: Methods of stipulating the Contract of Sale
The Customer, by carrying out the purchase procedure indicated on the Site, will be able to choose the Products of his interest, verify the total value of the Products he intends to purchase including the relative delivery costs and any ancillary costs.
It is understood that the image accompanying the description of a product, while summarizing the main technical characteristics, may not be perfectly representative of its characteristics but may differ in colour, also due to the settings of the IT systems or computers used by users to their display, dimensions, accessory products shown in the figure.
The Products are available for purchase at the price indicated on the Site on the date the Purchase Order is executed.
The prices visible on the site apply only to online sales and therefore are not applicable to in-store sales.
Prices are inclusive of VAT. Prices do not include shipping and delivery costs, however displayed before sending the order in the shopping cart and on the payment confirmation page, as well as specified in the order acceptance confirmation email sent to the Customer.
The Purchase Order is valid as a contractual proposal from the Customer. The order acceptance confirmation by Brichome, sent to the Customer at the e-mail address indicated by the latter, confirms the order data and is valid as acceptance of the contractual proposal.
The order acceptance confirmation by Brichome will take place only following the payment of the Products specified in the Purchase Order. The contract is considered concluded and is binding for both parties, when the order acceptance confirmation is sent by Brichome to the Customer.
The Purchase Order, once finalized with payment, cannot be modified or cancelled.
Brichome reserves the right to refuse the Purchase Order at its sole discretion, as the online sale governed by these General Conditions is not configured as an offer to the public pursuant to art. 1336 of the civil code. By way of example but not limited to, Brichome will refuse the Purchase Order in the following cases: (i) supply of non-real personal data; (ii) previous default in any capacity against Brichome; (iii) subjection to insolvency proceedings; (iv) lack of availability of the Products - for any reason - in the warehouses and (v) in any other case incompatible with the economic interests and company policies. In the event that you refuse the Purchase Order, Brichome will refund the amounts already received in payment in accordance with the provisions of article 5 below.
Article 5: Methods of payment and reimbursement
Each payment of the Products by the Customer can be made by credit card (Visa, Mastercard), PayPal, electronic bank transfer (MyBank).
Credit cards
To make a payment by credit card, the Customer will be redirected to the Intesa San Paolo secure platform
The most common credit cards are accepted, including prepaid and rechargeable cards belonging to the Visa, Mastercard and Maestro circuits.
When paying by credit card, no surcharge will be charged.
By entering the credit card details, payment is immediately made with the simultaneous debit on the credit card according to the procedures established by the credit card manager. Brichome, to better protect the security of the transaction, if the Customer's card is enabled for 3d Secure technology, will accept the transaction only after the correct entry of the personal security code. The Customer will always be redirected to the server of the issuing bank which will proceed to authenticate the transaction by verifying the identity of the cardholder and subsequently confirming it to the payment gateway.
If the bank informs Brichome of any irregularity relating to the credit card used, the latter will refuse the Purchase order or, if the report arrives before the Product is made available to the Customer, it will proceed with the cancellation of the order.
At no time during the purchase procedure is Brichome able to memorize the information relating to the purchaser's credit card, transmitted via secure connection directly to the website of the bank which manages the transaction. No Brichome computer archive will keep such data. In no case Brichome can therefore be held responsible for any fraudulent or illegal use of credit cards by third parties, upon payment of the purchased products.
PayPal
By choosing this option, the Customer will be directed to the PayPal site to complete the transaction. At the time of the order, PayPal will immediately debit the amount relating to the purchase made.
Instant MyBank Transfer
It is possible for the Customer to conclude the Purchase Order with this payment method if the Customer has a bank account enabled for internet banking at one of the banks adhering to the service. The list of participating banks can be consulted at the following address: https://www.mybank.eu/it/mybank/banche-e-psp-aderenti/.
; this activates a window where you select your bank, if adhering to the service. Once the desired bank has been selected, the Customer accesses the internet banking page of his bank.
From this moment on, the Customer browses his online account and can make the payment established in the "cart" by authorizing the bank transfer pre-filled with the payment details.
The outcome of the payment will be in real time (as happens for credit card transactions) and the credit will take place in the times of a European bank transfer (evaluated on the following working day).
Any refund to the Customer will be credited using the same method used by the Customer at the time of payment. If this is not feasible, it will be the Customer's responsibility to promptly provide an IBAN containing the coordinates on which to obtain the refund.
Article 6: Delivery times and methods
The Customer, during the purchase process, has the right to choose between the following delivery methods:
Home delivery
Brichome will ensure that the Products, selected and ordered in the manner specified in the Purchase Order, are delivered to the Customer, only and exclusively in Italy, by trusted couriers and/or shippers. Brichome has the right not to accept Purchase Orders for delivery to islands or remote locations. Shipments to post office boxes are not accepted. In any case, delivery to the localities of Livigno, Campione d'Italia, San Marino and Vatican City is excluded.
The delivery times indicated on the Website at the time of purchase will be purely indicative and not binding.
Any additional services to the standard delivery for the courier identified by the system (for example: fast delivery, floor delivery, delivery by appointment), where available, may be purchased when completing the Purchase Order, which will bear the indication additional costs, or if it is difficult to interpret following the acceptance of the purchase order by Brichome.
The delivery of the Products will take place at the address indicated by the Customer in the Purchase Order. The Customer undertakes to verify that the delivery address information for the specific Purchase Order is correct.
Any impediment or particular condition linked to the access routes to the address indicated by the Customer in the Purchase Order which should prevent or make the delivery less easy, must be communicated by the Customer. It should be noted that in pedestrian areas delivery will take place up to the point where the vehicle will have access. If not included in the delivery service specified in the Purchase Order, no porterage inside the customer's home may be requested from the personnel who will carry out the delivery.
If, at the time of delivery, the courier appointed by Brichome should acknowledge the impossibility of delivering the Product under the previously agreed conditions and costs, the courier will not deliver the Product. If this impossibility is due to lack of information on the part of the Customer, Brichome reserves the right to charge the cost incurred for non-delivery and storage of the Product.
The tax documentation (invoice) will be issued by Brichome through the courier or sent by e-mail upon confirmation of the Purchase Order.
As regards the courier's accompanying document (delivery note and/or transport document), the same will be issued by Brichome and affixed to the packaging that the courier will deliver to the Customer.
Upon delivery of the Products, the Customer is required to check that the number of packages delivered corresponds to that indicated in the courier's accompanying document and that the packaging of the Products is intact, not damaged, wet or altered. Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately notified, subject to written control on the courier's proof of delivery. Without prejudice to the provisions of current legislation, once the courier's transport document has been signed, the Customer will no longer be able to make any objection regarding the quantity and integrity of what has been received.
Collection at the Brichome store
When completing the Purchase Order, if the Customer chooses the "Withdrawal in store" option, the address of the store will be offered with the opening hours so that the Product chosen by the Customer is available for collection. The Customer can confirm the choice and finalize the order.
There are no additional costs for the Customer who uses this withdrawal method.
The delivery times indicated on the Website at the time of purchase will be purely indicative; Brichome will communicate, by e-mail, to the Customer the moment from which the Product can be collected at the store. The Customer is required to present himself with the printout of his order and, if requested, to show an identification document. The Customer is also required to sign a sheet which will testify to the effective Delivery of the Product and to keep a copy of it.
The Product will remain in storage at the Store for 90 (ninety) Working Days from the date on which the Product was made available for collection. After this last term, Brichome will have the right to terminate the relevant Contract, by sending the Customer an e-mail to this end, and, in this case, Brichome will have the right to put the Product back on sale, returning the amount paid to the Customer from the latter.
Regardless of the method chosen, the Customer can always check the status of the Purchase Order by contacting the Brichome E-Commerce Customer Service via email to request information on the Order. e-commerce@brichome.it.
Any change in the order status will be promptly communicated to the Customer by sending an email to the address indicated during checkout.
Article 7: Prices
All the sales prices of the products indicated on the Site are expressed in euros and include VAT, any other tax and, where required by applicable law, include the WEEE eco-fee.
Shipping costs and any accessory charges, if any, are additional to the sale prices and are indicated and calculated in the purchase procedure and clearly specified in the Purchase Order and in the order acceptance confirmation.
Without prejudice to the fact that the price charged to the Customer will be the one indicated on the Site on the date on which the Purchase Order is executed, Brichome reserves the right to modify the price of the Products at any time, at its sole discretion and without notice. , shipping costs and any accessory charges, if any, from time to time on the Site, without therefore providing any guarantee as to the fact that the sale price of the Products, shipping costs and any accessory charges, if present, remains available on the Site or unchanged for a certain period of time.
Article 8: Responsibility
Brichome assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even when dependent on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the time stipulated in the contract.
In no event can Brichome be held liable in the event of unavailability of one or more products which makes it impossible for Brichome to accept a Purchase Order.
Furthermore, Brichome will not be liable for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to him, the Customer having the right only to the full refund of the price paid and any ancillary charges incurred.
Article 9: Right of withdrawal
If the Customer is a "Consumer" he is entitled to the rights referred to in art. 52 et seq. of the Consumer Code, and therefore he is granted the right to withdraw from the Contract of Sale (hereinafter "Right of withdrawal”) for any reason, without explanation and without any penalty, in the manner specified below.
The withdrawal may concern all (Total withdrawal) or only part of the (Partial withdrawal) Products purchased by the Consumer. The withdrawal period expires after 14 (fourteen) days from the day on which the Consumer or a third party, other than the courier and designated by the Consumer, acquires physical possession of the Products.
In the event that the Consumer decides to exercise the right of withdrawal, he must notify Brichome within the aforementioned 14 (fourteen) days, by sending a communication by email to e-commerce@brichome.it. Brichome will proceed to carry out the necessary checks and, within 5 (five) Working Days following the request for withdrawal, will send the Return Authorization of the Products/o, which the customer is asked to show for the return of the Products/ or.
As provided for by Article 54-bis of the Consumer Code, the Consumer may also exercise the right of withdrawal by using the dedicated procedure available on the Brichome website at https://www.brichome.it/en/recesso/ or through the Orders section available in the user's customer account. The Consumer shall provide the order number and email address and confirm the information in order to proceed with the withdrawal request.
The Consumer is not authorized to proceed with the return of the Product(s) without using the authorization assigned by Brichome or using return methods other than those agreed with Brichome.
The return of the Products following the Return Authorization must in any case take place at the latest within 14 (fourteen) days of receipt of the aforementioned Authorization and must be carried out according to one of the following methods:
– by shipment by post or courier:
once the aforementioned notice of withdrawal has been received, Brichome will provide the Consumer with instructions on how to return the products, which must be sent back to the following address: ALD TRADE C/O BRICHOME, STRADA CANELLI, 53, 14049 NIZZA MONFERRATO (AT) .
The direct costs incurred for returning the products are borne by the Consumer, it being understood that Brichome will not be required to reimburse the additional costs if the Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by Brichome or the service by mail or courier.
Brichome will collect the products at the shipping cost indicated on the Site only if, by their nature, they cannot normally be returned by the Consumer by post.
The Products sold on the Site are original and are shipped in their authentic packaging; during the return phase, the Products must be returned as received: inside their original packaging, considered an integral part of the product (which must be placed in another packaging), and including any accessories and/or elements that constitute them integral part.
The return takes place under the full responsibility of the Consumer until the acknowledgment of receipt of the Products by Brichome. The Consumer is liable for any damage that the Products/Products may suffer during transport. Brichome is not liable in any way for any damage or theft or loss that may occur during the return transport of the goods returned by the Consumer.
IMPORTANT: no returned goods will be accepted without return authorization.
IMPORTANT: In no case is Ald Trade Srl authorized to reimburse the Consumer, either in cash or by other means, upon returning the Product(s); the refund will be made in accordance with the specific provisions of the law and in any case as subsequently described in this chapter and in any case will be arranged by the Brichome Administrative Offices.
The substantial integrity of the Products is an essential condition for exercising the right of withdrawal. The Products/o must therefore be kept with normal diligence and returned intact, in a normal state of conservation, perfectly suitable for the use for which it is intended and free from signs of wear or dirt, complete in all its parts, inside of its original packaging and accompanied by all the accessories and leaflets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with. The Consumer is responsible for any diminished value of the Products resulting from handling the Products other than what is necessary to establish the nature, characteristics and functioning of the products themselves.
Only after receipt of the Products/or and only after positively verifying compliance with the terms and conditions for exercising the right of withdrawal as well as the integrity of the returned Products/Products, Brichome will refund the customer the amount already paid, within 14 (fourteen) days from the day on which it was informed of the Consumer's decision to withdraw from the Contract of Sale, using the same means of payment used by the Consumer for the initial transaction. If this is not feasible, it will be the Consumer's responsibility to promptly provide an IBAN containing the coordinates on which to obtain the refund. The reimbursement will include any delivery costs incurred by the Consumer, but not the amount paid for the purchase of additional services to the standard delivery, in any case in proportion to the value of the Products/or being returned.
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and, in particular, in the event that the / the Product / or is not intact in all its parts and / or accompanied by its accessories and / or elements that form an integral part of it and/or lack the original packaging, when it is part of the Products/or again when it is damaged or used by the Consumer beyond the limit of normal diligence, it will not result in the termination of the contract and , consequently, will not give the right to a refund of the amount paid by the Consumer for the Products. The Product will remain at Brichome available to the Consumer for collection which must take place at his own expense and under the responsibility of the Consumer himself.
The right of withdrawal is excluded in relation to:
– the supply of goods or services whose price is linked to fluctuations in the financial market which the trader is unable to control and which may occur during the withdrawal period;
– the supply of made-to-measure or clearly personalized goods;
– the supply of goods which are liable to deteriorate or expire rapidly;
– the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery.
Article 10: Legal Guarantee for Consumers
Pursuant to the Consumer Code, all Products on sale on the Site are covered by the 24-month Legal Guarantee.
The lack of conformity exists when (i) the Product is not suitable for the use for which it must usually be used (ii) does not conform to the description or does not possess the qualities promised by the seller (iii), does not offer the usual qualities and performance of a good of the same type (iv) is not suitable for the particular use desired by the Consumer if brought to the attention of Brichome at the time of purchase of the Product. The defect of the conformity Products that occurs within 24 months from the date of definition of the Contract of Sale must be reported by the Consumer within 2 months following the date of discovery of the Product defect.
In any case, unless proven otherwise, the lack of conformity of the Products - which occur within 6 months of delivery of the Products - is presumed to already exist on that date, unless this hypothesis is incompatible with the nature of the Products or with the nature of the lack of conformity.
In the event of a lack of conformity, the Consumer may ask Brichome, alternatively and without charge, under the conditions indicated below, (i) to repair or replace the purchased Product or (ii) to terminate the Sale Contract. The remedy requested by the Consumer will be carried out by Brichome, also by sending the product to the Technical Assistance Centers authorized by the Manufacturer, unless the request is objectively impossible to satisfy or is excessively burdensome for Brichome pursuant to art. 130, paragraph 4, of the Consumer Code.
To exercise the Legal Guarantee, the Consumer will have the option of forwarding the report to the Brichome e-mail addresse-commerce@brichome.it.
Article 11: How to archive the contract
Pursuant to art. 12 of Legislative Decree 70/2003, Brichome informs the Customer that each Order sent will be archived in the Brichome database for the time necessary to execute it and, in any case, in accordance with the law.
Article 12: Communications and Complaints
Written communications directly to Brichome and any complaints will be considered valid only if sent to the Brichome E-Commerce Customer Service via the Brichome e-mail address e-commerce@brichome.it.
Brichome will reply using the telephone number, e-mail address or postal address indicated by the Customer during registration and/or purchase, unless otherwise requested by the Customer.
Article 13: Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
For any dispute relating to the validity, interpretation or execution of these conditions of sale and of the purchase orders for the Products, if the Customer is a Consumer, the territorial jurisdiction is that of the reference court of the place of residence or domicile of the Consumer, if located in the territory of the Italian State. In any other case, the court of Alessandria will have exclusive jurisdiction.
Online dispute resolution for consumers
The consumer residing in Europe should be aware of the fact that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
The Data Controller is available to answer any questions sent via email to the email address published in this document.
