United Colors of Benetton - Official Website

GENERAL PROVISIONS

These general terms and conditions of sale (hereinafter referred to as the “GTC”) govern the purchase of clothing and accessories of the brands “United Colors of Benetton”, “Undercolors of Benetton” and any other brands sold by Seller as legitimate licensee (hereinafter referred to as the “Goods”). Such purchases may be made on the e-commerce website benetton.com (hereinafter referred to as the “Website”) by any natural person acting as a consumer (hereinafter referred to as the “Customer”) who enters into a purchase contract (hereinafter referred to as the “Contract”) for the satisfaction of everyday needs that are unrelated to any business or professional activity, in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code, Legislative Decree No. 206/2005.
The Seller, as defined below, reserves the right not to process orders placed by persons who do not fall within the legal definition of “consumer”. If the purchaser is not considered a consumer, the Contract shall in any case be governed by Italian law, excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods.
The Customer acknowledges that:
• responsibility for the Website lies with Benetton E-Commerce S.r.l., with registered office at Via della Cartiera 1, Villorba (TV), ZIP code 31020 – Italy, share capital EUR 10.000 fully paid up, VAT No. 05576840267, Tax Code/Treviso-Belluno Companies Register No. 05576840267, Economic and Administrative Index (REA) No. TV-455960;
• the following company is the Seller and, pursuant to the GTC, the Customer’s contractual counterparty: Benetton E-Commerce S.r.l., with registered office at Via della Cartiera 1, Villorba (TV), ZIP code 31020, share capital EUR 10.000 fully paid up, Tax Code/Treviso-Belluno Companies Register No. 05576840267, Economic and Administrative Index (REA) No. TV-455960, hereinafter referred to as the “Seller”;
• orders may only be placed by persons of legal age who have legal capacity.

ARTICLE 1 – SUBJECT MATTER AND CONCLUSION OF THE CONTRACT

Pursuant to the GTC, the Seller sells online to the Customer the Goods offered for sale on benetton.com, hereinafter referred to as the “Website”.
The Contract is concluded exclusively via the Internet, through the Customer’s access to the Website and by placing an order in accordance with the order procedure prescribed by the Website and the acceptance of the order by the Seller. The purchase is governed by these GTC. The Customer is required to accept them in full and without reservation. To this end, before completing the order, the Customer undertakes to review these GTC as well as the pre-contractual information available on the Website.
The order submitted by the Customer via the Website has the value of a contractual purchase offer. The Contract shall be considered concluded when the Seller will send an order confirmation by email which shall be sent within 7 days. Beyond these 7 days the Customer is not bound by the purchase offer. The confirmation email will contain the order number and will recap the Customer’s details, the total amount of the purchased Goods, the shipping costs and the address to which the Goods will be shipped. The Customer undertakes to verify the accuracy of the personal data contained therein and to promptly inform the Seller of any corrections.
The confirmation email shall also contain a link to download and save a copy of these GTC. Any payment by the Customer will be processed only after the order confirmation hence after the conclusion of the Contract.
The Seller reserves the right not to process orders that are incomplete or incorrect, or in the event that the Goods are unavailable. In such cases, the Seller shall inform the Customer as soon as possible that the order will not be processed. Should the Seller not send the order confirmation within 7 days, the order shall be automatically considered not accepted.
The Customer may cancel the order free of charge, provided that the cancellation is submitted before receiving the order confirmation, without prejudice to the Customer’s right of withdrawal under Article 6 below.

ARTICLE 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF LEGISLATIVE DECREE 206/2005

Before concluding the Contract, the Customer shall review the characteristics of the Goods, which are set out in the individual product sheets. Before the purchase contract is concluded and before the order is submitted, the Customer shall be informed of the following:
1. identity of the Seller;
2. total price of the Goods, including all taxes, shipping charges and any additional costs;
3. payment method;
4. delivery deadline for the Goods and environmentally friendly delivery options where available;
5. conditions, deadlines and procedures for exercising the right of withdrawal, Article 6 of these GTC, including the withdrawal form and information on the existence and location of the online withdrawal function on the Website;
6. statutory warranty rights for the purchased Goods;
7. conditions for after-sales customer service and applicable warranty claims.

ARTICLE 3 – AVAILABILITY OF THE GOODS

The availability indicated on the Website refers to the actual availability at the time the Customer places the order. However, availability is merely indicative, since due to the simultaneous use of the Website by several Customers, the desired product may be sold to other Customers before the order is confirmed.
If the ordered Goods are unavailable for reasons beyond the Seller’s control, the Seller shall promptly inform the Customer. In such event, the Customer shall be entitled to choose whether to receive the remaining Goods or cancel the entire order.
When the Customer accesses the localized Website, they shall have access to the available Goods offered in the relevant country. The purchased Goods may be shipped only to countries for which the Website has been localized.

ARTICLE 4 – PRICES

All sales prices of the items listed on the Website are stated in the local currency and include VAT.
Shipping costs are not included in the product price but are calculated and displayed at the end of the purchase and payment process.
The Customer may use discount coupons offered by the Seller as part of a promotional campaign for their purchase. These may be used exclusively in accordance with the conditions stated on the coupons. They may not be applied retroactively or transferred to third parties. Only one discount coupon may be used per order. If, for any reason, including in the event of withdrawal or refund by the Customer, the total value of the order is lower than the value of the coupon, the Seller reserves the right to charge the original price of the Goods that remain in the Customer’s possession.

ARTICLE 5 – PAYMENT METHODS AND SHIPPING

5.1 Payment methods
The Seller accepts various payment methods, including, for example: credit card, debit card, PayPal, Apple Pay, Google Pay and payment in instalments with Klarna.
When paying by credit card, debit card, Apple Pay or Google Pay, the actual charge is made when the order is completed and ready for shipment.
Notifications relating to payment and the data transmitted by the Customer during the payment process are sent via secure channels. The security of credit card payments is guaranteed by the encrypted TLS, Transport Layer Security, and data transmission protocol.
Discount coupons may also be used for payment. The following may be used:
VALUE VOUCHERS, fixed amount
Value vouchers are personalized codes that allow a fixed-value discount to be used for purchases made on the Website. In the shopping cart, the voucher code must be entered in the field “Enter the promotional code or Loyalty card number” and then the arrow must be clicked to apply it to the order.
Please note that the value voucher:
• is applied to the entire order;
• cannot be used to purchase discounted items or items from other promotions;
• for technical reasons, may only be used for orders whose amount exceeds the value of the voucher by at least EUR 1;
• may only be used in full and once;
• cannot be combined with other vouchers;
• cannot be exchanged for cash of equivalent value;
• has no expiry date.
DISCOUNT CODES
Discount codes are personalized codes that allow a percentage discount on purchases made on the Website. The discount code is entered in the shopping cart in the field “Enter your promo code or Family Card number, optional” and the arrow is clicked to apply it to the order. Promo codes may only be used once and cannot be combined with other promo codes. In the event of a partial return, the refund corresponds to the discount applied to the returned item, as the discount is allocated differently among the individual items. In the event of a return, the discount itself will not be refunded. Discount codes cannot be used to purchase sale items.
Gift Cards, including those purchased online or in-store or provided by third parties, may only be used in stores.
For each order placed on the Website, the Seller issues a tax document for the shipped Goods at the time of payment. This document is available in the “Orders” section after the order has been processed.
Orders containing personalized items may only be paid for via PayPal or credit card.

LOYALTY VALUE VOUCHERS
These are discount vouchers issued as part of the reward system of Loyalty programme, allowing a fixed-value discount on purchases made on the Website or in participating United Colors of Benetton and Undercolors of Benetton stores. In the shopping cart, where the Loyalty discount voucher is available, the message “Select the discount voucher you want to use for this order” will appear. Select the relevant discount voucher and click “Apply” to apply it to the order.
Please note that the Loyalty discount voucher:
• cannot be used to purchase discounted items or items from other special promotions;
• may only be used once and in full;
• cannot be split;
• cannot be converted into cash;
• does not entitle the Customer to receive change;
• may be combined on the same receipt only with other Loyalty value vouchers of the same type, not with percentage vouchers;
• cannot be combined with other special promotions or discount vouchers from the previous Loyalty programme;
• is valid for 60 days from its date of issue.

5.2 Shipping

The Goods will be delivered within the timings indicated on the Website with respect to the ordered Goods and resumed in the confirmation email.
After the Goods have been shipped, the Customer shall receive a shipping confirmation with a tracking link. Delivery takes place from Monday to Friday between 9:00 a.m. and 6:00 p.m.
The Customer is responsible for inspecting the package upon receipt and, if it has been tampered with or damaged, is required to accept it with reservation, or refuse it, and photograph the packaging and its contents.
If the Customer accepts the package with reservation, the Customer is invited to contact the Seller’s Customer Service within 2 working days, stating the order number and sending a photo of the damaged package, in order to allow the Seller to carry out the necessary check.
If the Customer complains of damage to the package and/or the Goods, or discovers that some items are missing, the Customer is invited to contact the Seller’s Customer Service within 2 working days of delivery and keep the shipment packaging and any damaged items so that the complaint can be checked. The same packaging must not be used to return other items that were received correctly. It is advisable to use different packaging or wait for the outcome of the inspection before returning other correctly received items in the original packaging. In this case, the return period is extended until the procedure has been completed.
Failure to comply with the above deadlines means that the Seller may not recognize the claim and therefore compensation to the Customer cannot be guaranteed, unless the Customer provides adequate justification on the reasons why it was not possible to meet the mentioned deadlines. This shall not limit the Customer’s powers to enforce their statutory rights based on non-performance, delay or warranty rights.
In the event that a package is not delivered (excluding delivery with the "Driver release" option), the customer must contact the seller’s Customer Care within 2 working days of the delivery date which is specified in the email confirmation. If the Customer has expressly selected the “Driver release” option and the package has been delivered in accordance with the Customer’s instructions, the risk relating to the package after such delivery shall be borne by the Customer. This is without prejudice to the Seller’s liability in case of non-delivery, incorrect delivery or any other event attributable to the Seller or the carrier before delivery in accordance with the Customer’s instructions.

ARTICLE 6 – RIGHT OF WITHDRAWAL

The Customer has 14 days from receipt of the Goods to exercise the right of withdrawal. For operational reasons the Customer is invited to include in a single return shipment all Goods for the same order that they wish to return.
To exercise this right, the Customer may use the online withdrawal function available on the Website at https://at.benetton.com/en/pages/order-return may, submit the request by completing the online return form in the Withdraw from contract / Request a return section, or use the model withdrawal form available under Annex I.B. of Directive 2011/83/EU https://eur-lex.europa.eu/eli/dir/2011/83/oj/ger?eliuri=eli%3Adir%3A2011%3A83%3Aoj&locale=en and send it to customer.care@benetton.com. The Customer may also exercise the right of withdrawal by any other unequivocal statement setting out their decision to withdraw from the Contract in accordance with applicable law. The package must be handed over to the courier within 14 days from completion of the online return request.
The items to be returned must be shipped from the country in which they were ordered and received.
The package received always includes printed instructions for submitting the return request.
The Goods must be returned undamaged; the items must not have been used, worn or washed, and must be returned in their original packaging and complete in all parts, including the price tag and the labels, unchanged and attached to the product, the packaging material and, where applicable, documentation and accessories.
The Customer acknowledges and accepts that:
o items not included in the return request will not be accepted or refunded;
o after completing the form, the Customer must print the label and attach it to the package to be handed over to the courier. The Customer is free to send the return without using the prepaid label provided by the Seller and/or using a courier other than the one indicated. In this case:
o the return costs shall be borne entirely by the Customer;
o the Seller shall under no circumstances be liable for damage to or theft of the package and shall not provide any refund in such cases.
The Customer is required to correctly follow the return instructions contained in the packaging in which the Goods were received and indicated on the Website, on the Returns page. If the package is dropped off at a collection point, the Customer must provide their telephone number, which is required as shipping confirmation and to track the package. Returns are subject to a fee, and the cost for each return request is EUR 7, which will be deducted from the refund.
If the product shows signs of use or has been used or altered in any way from its original condition, the Seller reserves the right not to accept the return. In particular, if the return cannot be accepted because it does not comply with the above conditions, the Customer may decide to have the purchased products returned at their own expense. If the Customer refuses this delivery, the Seller reserves the right to retain the products and the amount corresponding to their purchase price.
The Customer is liable for any reduction in the value of the Goods resulting from handling beyond what is strictly necessary to establish the nature, characteristics and functioning of the Goods. Therefore, if the returned items are damaged, for example showing signs of wear, abrasion, scratches, removal of labels, removal of tags, deformation, etc., incomplete with all components and accessories, including unchanged labels and tags attached to the product, not accompanied by the enclosed instructions/notices/manuals, original packaging and packing materials and warranty certificate, where present, the Customer shall be liable for the reduction in value of the Goods and shall be entitled to a refund of the amount corresponding to the residual value of the item unless such circumstances are attributable to the Seller. The Seller accepts no liability for items returned by mistake or for objects forgotten inside packages or returned items.
Without prejudice to the right to verify compliance with the above provisions, the Seller shall refund the amount of the items subject to withdrawal within a maximum period of 14 days from the days on which the Seller is informed of the Customer’s decision to withdraw from the Contract. The Seller may withhold the refund until the Seller has received the Goods back, or until the Customer has supplied evidence of having sent back the Goods, whichever is the earliest.
In the event of an irregular return, the Customer may be contacted by Customer Service for clarification. The Customer has 14 days to respond to such requests. After this period has expired without a response from the Customer, the garment will be disposed of by the Seller and a refund will no longer be possible.
The Seller shall make the refund using the same payment method chosen by the Customer at the time of purchase.
No exchanges are made. If the Customer wishes to exchange the purchased items, they must return them and place a new order.
No return shipped after the permitted date can be accepted. In such cases, the package will be returned to the Customer at the Customer’s expense.
In the event of receiving an item other than the one ordered, the Customer is invited to contact Customer Service as soon as possible. The Goods must be returned undamaged; the items must not have been used, worn or washed, and must be returned in their original packaging and complete in all parts, including the price tag and the labels, unchanged and attached to the product, the packaging material and, where applicable, documentation and accessories. The return of incorrect Goods shall be handled by the Seller at no cost to the Customer and the ordinary withdrawal period shall not limit the Customer’s rights in respect of incorrect Goods.
Personalized items cannot be returned or exchanged, without prejudice to rights relating to the product warranty.
It should be noted that returns of Goods purchased online entail the refund of the corresponding amount. Where returns are made in stores, if present in your country, the store may propose to the Customer to choose, as an alternative way of refund to replace the item with goods of equal value or issue a Voucher of equal value, which may be used in stores but cannot be used online.

ARTICLE 7 – STATUTORY WARRANTY RIGHTS – APPLICATION PROCEDURE

The Seller guarantees the Customer that the Goods are free from defects and conform with the statutory conformity requirements provided by the applicable law and with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Goods to the Customer or for the different time period provided by the applicable law
Upon arrival of the Goods, the Customer is invited to examine the Products as soon as reasonably possible and to report any defects and non-conformities by sending to the Seller’s Customer Service, via e-mail, the appropriate form that has been correctly completed, with description of the defect and/or non-conformity found, as well as the relative documentation indicated in the return form itself (at least one photograph of the Product, the order confirmation sent by the Seller and the tax/purchase receipt).
The absence of one or more documents shall not prevent the Customer from exercising statutory warranty rights provided by the applicable law where the purchase and the alleged non-conformity can be otherwise verified.
Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Customer, and, after having carried out the quality checks aimed at verifying the actual non-conformity of the Good, the Seller will inform the Customer of the outcome of its assessment and of the remedies available under applicable law. The Customer shall receive a reply via e-mail to the address provided by the latter during the registration process on the Site.
The authorization to return the Goods does not in any way constitute recognition of defects or non-conformities, the existence of which must subsequently be ascertained upon return.
The Goods for which the Seller has authorized the return must be returned by the Customer, at the Sellers’ costs and together with a copy of the return authorization notice, within 30 (thirty) days of reporting the defect or non-compliance, to the address indicated by the Seller.
If, following the Seller’s final verification, the Goods are not covered by warranty, they will be returned at the Customer’s availability and the Seller will explain the reason why it deems that the warranty is not applicable. If the lack of conformity occurs, the Seller shall handle the matter and the price shall be refunded to the Customer.
The application of any warranty is excluded in the event of use or washing of the Product that does not conform to that of the Product and the instructions/warnings provided or reported in the reference illustrative documentation, tags or labels.
ARTICLE 8 – SHIPPING
The Seller accepts only orders to be shipped within Italy or to the countries indicated on the Website. The Goods are shipped by express delivery to the address provided by the Customer at the time of the order.
The delivery will take place on average within 4/7 working days, subject to the maximum deadline set by law of 30 days from the date of receipt by the Customer of the order confirmation email sent.

ARTICLE 9 – LIABILITY

The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, in the event that the Seller are unable to execute the order within the times provided for by these GCS. This shall not exclude or limit the Seller’s liability for events attributable to the Seller or for any mandatory rights and remedies available to the Customer under applicable consumer protection laws.
Both in the event of exercising the right of withdrawal and in the event of exercising warranty rights, if the Goods cannot be accepted by the Seller because they do not meet the requirements for exercising the rights under Articles 6 and 7, the Customer is required to take back the Goods at their own expense. The Customer unreservedly acknowledges that, 30 days after notification that the Goods have been made available to the Customer, the Seller will dispose of any uncollected Goods in accordance with the applicable rules.

ARTICLE 10 – FINAL PROVISIONS

The Goods are sold to the Customer with the characteristics described on the Website and in accordance with the GTC published on the Website at the time the order is placed, to the exclusion of any other conditions or provisions.
The Seller reserves the right to amend these GTC, from time to time, with effect only to future contracts, . Any such amendments shall be valid from the time of their publication on the Website and shall apply exclusively to purchases made from that time onward. Such amendments with effect to future contracts do not apply retro-actively to already concluded contracts. The Seller has no right to retro-actively change already concluded contracts.
The version of the GTC applicable to each specific order shall be the version published on the Site at the time the order is placed and included in the order confirmation sent by the Seller.
The prices, as well as the Goods offered for sale on the Website and their characteristics, may be changed without prior notice. Before placing the order, the Customer is invited to confirm the final purchase price.
These GTC consist of all the clauses of which they are composed. If one or more provisions of these GTC are invalid or declared invalid by law, regulation or a decision of a competent court, the remaining provisions shall continue to be fully valid and effective.

ARTICLE 11 – APPLICABLE LAW AND JURISDICTION

These GTC are governed by Italian law. To the extent that any local law provides consumers with greater protection, the relevant provisions shall apply.

The Customer shall have the right to submit any disputes, that cannot be settled amicably, to the jurisdiction of the court of the Member State of the European Union in which the Customer is domiciled or resident.

The Customer may also, on an optional basis, access the procedures pursuant to Legislative Decree 28/2010 and any further modifications for the mediation of any disputes concerning the interpretation and implementation of these terms and conditions on the following website: https://consumer-redress.ec.europa.eu/index_en
Nothing in these GTC shall exclude or limit any mandatory rights granted to the Customer under applicable consumer protection laws, including statutory withdrawal rights, statutory warranty rights and any rights arising from non-delivery, delayed delivery, defective delivery or delivery of incorrect Goods.