ART. 1 PREMISE
These general terms and conditions of sale apply to all purchases of products bearing the Camiciecoraggiose brand, a brand owned by Braveshirts srl, which will be made through the e-commerce site camiciecoraggiose.com by users classified as "consumers" pursuant to article 2, meaning a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out. The site, owned by Braveshirts srl, an Italian company with registered office in via Godi 15, 28024 Gozzano (NO), VAT number 02617930033 and registration number in the business register NO-247357. Braveshirts Srl is responsible for the sale, payment management, refunds, and invoicing relating to the Products offered through the Site. Purchases of Products made through the Site will involve Braveshirts srl, as the seller (the "Seller"), and the consumer purchaser who proceeds with the purchase of one or more products for purposes not related to their commercial, entrepreneurial, craft, or professional activity, as parties (collectively referred to as the "Parties"). Braveshirts srl remains the owner of all rights to the domain name of the site, as well as copyright in relation to the Site and its contents. Any communication from the Consumer relating to the purchase of the Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, the exercise of the right of withdrawal through the dedicated electronic function available on the site or through the other contact details indicated in these General Conditions of Sale (Braveshirts srl) at the address and with the methods indicated on the Site or through the addresses specified in the articles relating to the individual consumer rights referred to in these conditions. Each purchase is subject to these general conditions of sale in the version that will be published on the Site at the time of the order transmission by the consumer. The site is intended for the exclusive use of consumers. Under no circumstances may subjects not qualifying as such purchase products on the Site. The seller will have the right to refuse orders that, in its sole discretion, it believes have been made by subjects not classified as consumers. If one or more sales are nevertheless made to an unqualified Consumer, these general conditions of sale will apply, but in derogation thereof:
- a) the buyer will not have the right of withdrawal pursuant to article 10;
- b) the buyer will not have the right to guarantees on the products listed in article 8 or any other legal guarantee;
- c) the buyer will not be recognized any other guarantees in favor of the consumer provided by law.
Art 2. DEFINITIONS
E-commerce contract: sales contract or services contract under which the Seller, or their intermediary, offers goods or services through a website, or other electronic means, and the Buyer (consumer) places an order for such goods or services on that website, or through other electronic means organized by the Seller.
Sales contract Any contract under which the Seller transfers, or undertakes to transfer, the ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price
Services contract Any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price
Consumer Code Reference legislation for consumer protection, set out in Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the "Consumer Code").
Buyer The term Buyer refers to the consumer, or user, a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out (Art. 3, letter a, Consumer Code).
Seller The term Seller refers to the natural or legal person acting in the exercise of their entrepreneurial, commercial, craft, or professional activity, or their intermediary (Art. 3, letter c, Consumer Code).
Producer Producer, is the manufacturer of the finished good or one of its components (Art. 115, paragraph 2-bis, Consumer Code).
Conformity to the Contract All goods are Conformant to the Contract if, where relevant, the following circumstances coexist: i) they are fit for the purpose for which goods of the same type are normally used; ii) they conform to the description given and possess the qualities of the goods presented as a sample or model; iii) they show the quality and performance which are normal in goods of the same type and which the Buyer can reasonably expect, given the nature of the goods and, where appropriate, any public statements on the specific characteristics of the goods made about them by the seller, the producer or their agent or representative, particularly in advertising or on labelling; iv) they are also fit for any particular purpose for which the Buyer requires them and which the Buyer made known to the Seller at the time of the conclusion of the Contract and which the Seller has accepted, also by conclusive acts (Art. 129, paragraph 2, Consumer Code).
Defective good A good is defective when it does not provide the safety that can legitimately be expected taking into account all circumstances, including: a) the way in which the good has been put into circulation, its presentation, its obvious characteristics, the instructions and warnings provided; b) the use for which the good can reasonably be intended and the behaviour that can reasonably be expected in relation to it; c) the time at which the good was put into circulation. A good cannot be considered defective for the sole reason that a further improvement thereof has been placed on the market at any time.
- SALE OF GOODS PROMOTED ONLINE
3.1 With the Contract, the Seller sells to the Buyer, who purchases, through telematic means, the goods offered on the Site.
3.2 The Site camiciecoraggiose.com presents the catalog of goods and/or services promoted online by the Seller. These goods are accurately represented on the Site.
3.3 The Seller cannot guarantee a precise and exact correspondence between the actual consistency of the goods promoted online and their representation on the Buyer's monitor. In case of discrepancies between the image of the goods visible online and the corresponding written information sheet, the latter will prevail exclusively.
- UPDATING THE ONLINE CATALOG - AVAILABILITY OF GOODS
4.1 The Seller ensures, through its IT system, the processing and fulfillment of the order without delay, according to the procedures set out in Art. 5 of these General online sales conditions. The Seller's electronic catalog indicates in real-time the available and unavailable goods, as well as the estimated shipping times. The Seller confirms the order registration as soon as possible, by sending the Buyer the specific confirmation (so-called Order Receipt) by email.
4.2 Should an order exceed stock availability, or for other reasons be unavailable, it is the Seller's responsibility to promptly notify the Buyer of the unavailability of the good in question and, if possible, the waiting times to obtain it, requesting reconfirmation of the order according to the different timings indicated by the Seller. This communication will take place via e-mail or telephone.
- DESCRIPTION OF THE TECHNICAL STEPS NECESSARY TO CONCLUDE THE CONTRACT
5.1 The Contract between Seller and Buyer will be concluded exclusively online. After accessing the e-Shop, the Buyer must follow the procedures/instructions therein indicated to formalize the purchase of goods and/or services by filling out the forms prepared by the Seller. If intending to purchase online, the Buyer must duly select the desired goods and/or services, one by one, adding them to the cart configured by the Seller. Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by submitting the list of desired items to the Seller. Before submission, a form will be displayed to confirm the purchase order for the selected goods and/or services, with an indication of the relative prices, as well as the options available to the Buyer, who will then identify the delivery, transport, and payment methods for the execution of the contract. Through the order confirmation, the Buyer undertakes to check and validate, before sending, their personal data, the goods/services covered by the Contract, their prices, with any shipping costs and/or additional charges, confirming the chosen payment methods and terms, the delivery address, as well as any other requested data. The order confirmation form preliminarily instructs the Buyer about the execution times of the Contract, drawing attention to the right of withdrawal, as well as other faculties reserved by law to the Buyer. After the required checks, the Buyer will finally have to select the interactive button - present at the bottom of the web page - by clicking on the box "Confirm the purchase order with payment", thus submitting the order to the Seller.
5.2 The online publication of goods and/or services through the Site constitutes a mere invitation to offer, so that the Buyer can formulate their own purchase proposal; in this sense, the Buyer's order, previously confirmed by them, constitutes exclusively a contractual proposal, subject to these General Online Sales Conditions, which the Buyer declares to know and accept. The order confirmation - duly completed and verified according to instructions - will be acknowledged by the Seller with a receipt to the Buyer's email address solely for the purpose of confirming its receipt in the Seller's IT system, which will then begin to process the order, verifying the data provided by the Buyer, such as the availability of what was requested. The Seller's receipt does not constitute acceptance of the purchase proposal. This receipt - with an attached "Order Number" to be used in all communications with the Seller - reproduces, in addition to the information required by law, all the above data, which the Buyer will verify again by promptly communicating any necessary corrections to the Seller. If incorrect prices or other characteristics of the goods and/or services promoted online are found, such as the unavailability of the requested goods, the Seller will promptly notify the Buyer, inviting them to make - if still interested - an order correction, or, after cancelling the previous one, a new order, according to the procedures that will be promptly communicated.
5.3 The Seller has the right to accept or not accept the order sent by the Buyer, without the latter being able to assert any rights and/or claims of any kind, including compensation, for the non-acceptance of the order itself. The Contract will only be concluded when a separate email (or message in the communication center on the Site or equivalent) of acceptance of the purchase proposal is forwarded, which will also contain information relating to the shipment and the estimated delivery date (Shipping Confirmation). If the order is fulfilled with different shipments, the Buyer may receive separate and distinct Shipping Confirmations. The Buyer may, however, cancel their order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case, no cost will be charged. The right of withdrawal remains valid under the terms and conditions set out in Article 10 below.
5.4 The amount due will be charged only when the goods subject to the order are shipped. Upon receipt of payment for the requested goods/services, the Seller will issue the relevant fiscal document.
5.5 The Contract will not be concluded and will remain without effect if the procedure set out in this article is not strictly followed.
5.6 For any errors, typos or problems in filling out the online forms and, more generally, in the execution of the purchase procedures set up by the Seller, the Buyer is invited to contact, without delay, the following email: info@camiciecoraggiose.com.
- PAYMENT OF THE PRICE, TAXES AND ANY ADDITIONAL CHARGES
6.1 The Buyer undertakes to pay the required price for the goods purchased online, according to the times and methods indicated on the Site.
6.2 The prices of the goods promoted through the Site, as well as any other charges/expenses inherent to the invitation to offer, are expressed in Euro.
6.3 Prices include VAT and any other taxes. Shipping costs, as well as any additional charges, such as customs clearance, if present, although not included in the selling price, will be indicated and calculated by the Seller in the purchase procedure, before sending the order confirmation, and duly specified in the order summary (order receipt).
- PAYMENT METHODS, TIMING AND SECURITY, AND ANY REFUNDS
7.1 Payment for goods/services purchased online will be made according to the method chosen by the Buyer, from among those expressly permitted by the Seller and specifically stated in the camiciecoraggiose.com Site section. The use of the aforementioned payment methods does not entail any additional charges for the Buyer, except for any costs incurred by the Seller, duly proven and communicated to the Buyer.
7.2 Any refund to the Buyer will be credited by one of the methods proposed by the Seller and chosen by the Buyer, and, in case of their withdrawal, within a maximum of 30 days from when the Seller has received the returned goods at the destination address.
7.3 All communications relating to payments take place on a specific encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on personal data protection.
- DELIVERY METHODS AND TIMES
8.1 The Seller shall deliver the ordered goods, without undue delay, at the latest within 30 days from the date of conclusion of the Contract, using the methods indicated on the website, or, alternatively, chosen by the Buyer.
8.2 If the Seller is unable to ship within the deadline referred to in the preceding paragraph, they will promptly notify the Buyer via e-mail, or by telephone, using the contact details provided during online registration and order submission by the Buyer.
- METHODS OF STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS
9.1 Pursuant to art. 12 of Legislative Decree 70/2003, as well as articles 50-51 of the Consumer Code, the Buyer is informed that every order sent online will be stored and archived in digital and/or paper format by the Seller, according to adequate criteria of confidentiality and security. For any copies or other requests in this regard, the Buyer is invited to contact the Seller at the following address: info@camiciecoraggiose.com.
- TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL
10.1 The Buyer has the right to withdraw from the Contract, without penalty and without specifying the reason, within 30 calendar days, starting from the day on which the Buyer acquired physical possession of the goods.
10.2 The right of withdrawal can be exercised using the specific electronic function available on the "Request Withdrawal" page, accessible from the website footer and the "Shipping, Exchanges and Returns" section.
Alternatively, the consumer may exercise the right of withdrawal by any explicit statement of their decision to withdraw from the contract, sent to the Seller's contact details indicated in these General Terms and Conditions of Sale.
10.3 Following the submission of the withdrawal request through the dedicated electronic function, the consumer will receive without delay a confirmation of receipt of the request on a durable medium.
The return of the goods must take place without undue delay and in any case within 30 (thirty) days from the communication of withdrawal. The direct costs of returning the goods are borne by the Buyer, unless otherwise indicated by the Seller or in the case of a defective or incorrect product.
Products must be returned using the original packaging or other suitable packaging to preserve their integrity during transport.
The return must be made to the following address:
Braveshirts Srl
Via Madre Cabrini 7
20122 Milan
10.4 The Seller will refund the price of the goods for which the right of withdrawal has been exercised within 30 days from the receipt of the returned goods at the destination address shipped by the Buyer. Generally, the Seller will use the same payment method chosen by the Buyer for the initial transaction, unless the Buyer has specified otherwise; in this case, any additional costs arising from the different payment method chosen will be exclusively borne by the Buyer. The Seller will have the right to withhold the refund until the goods are received.
10.5 Returned products must be unused, intact and in resalable condition, in their original packaging complete in all its parts (including packaging, documentation and accessory equipment).
10.6 Once the Seller receives the communication from the Buyer expressing their intention to exercise the right of withdrawal, any bond connected to the Contract will cease, subject to the provisions of this Article.
10.7 In compliance with art. 59 letter "e" of Legislative Decree 21 of 21/02/2014, the right of withdrawal cannot be exercised for goods that are not suitable for return for hygienic reasons or related to health protection. Therefore, returns of articles intended to come into contact with intimate parts of the person (e.g. briefs, bodysuits, swimsuits, monokinis, etc.) cannot be accepted in any case.
- CONFORMITY GUARANTEE, REPORTING AND ACTIVATION OF PROTECTIONS; OTHER ANY GUARANTEES
11.1 The Buyer is guaranteed the Conformity of the goods to the Contract within a two-year period from their delivery. Unless proven otherwise, any lack of conformity that becomes apparent within 6 months from the date of delivery of the goods is presumed to have already existed at that date, unless this is incompatible with the nature of the goods or with the lack of conformity in question.
11.2 In the absence of Conformity of the goods with the Contract, the Buyer may alternatively and free of charge request the repair or replacement of the purchased good, or a price reduction, or the termination of the Contract, unless the request is objectively impossible to satisfy, or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code. If repair and replacement are impossible or excessively burdensome, or the Seller has not provided for the repair or replacement of the good within the agreed terms or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Buyer, the latter may request, at their choice, a price reduction or the termination of the Contract.
11.3 The Buyer forfeits all rights related to the Conformity of the goods with the Contract if they do not report the alleged lack of conformity to the Seller within 2 months (two months) from the date of its discovery. The aforementioned term does not apply if the Seller has expressly acknowledged the defect or has knowingly concealed it. In any case, the report must specify the non-conformity found, as well as at least one photograph of the goods in question, all accompanied by the Seller's fiscal receipt proving the purchase.
11.4 The Buyer must send the complaint, and related requests, alternatively to one of the following addresses: i) Braveshirts srl, via Madre Cabrini 7, 20122, Milan for communications via Registered Mail with Return Receipt; ii) or, via PEC (Certified Email), to the following certified email address Braveshirtssrl@pec.it, or via ordinary email to info@camiciecoraggiose.com. Upon receipt of the complaint/request and related documentation, the Seller will evaluate the non-conformity reported by the Buyer and, after carrying out the necessary checks, will authorize, or not, the return of the good by providing the Buyer with a "Return Code", sent via e-mail to the address provided during the order transmission phase. The authorization to return the good does not, however, constitute an acknowledgment of non-conformity. The good - for which the Seller has authorized the return - must be returned to the expressly indicated address, together with a copy of the return authorization bearing the "Return Code" and in full compliance with the precautions referred to in Art. 10.3.
11.5 If the Seller is obliged to reimburse, in whole or in part, the Buyer the price paid, the reimbursement will be made, where possible, by the same payment method used by the Buyer when purchasing the good, or, alternatively, by bank transfer. It will be the Buyer's responsibility to communicate to the Seller, already at the time of the complaint/request, the bank details for making the bank transfer in their favour and to ensure that the Seller is able to return the due amount.
11.6 The right of replacement is, however, subject to the following conditions:
1) the purchased good must be returned unused, intact and in resalable condition, in its original packaging complete in all its parts (including packaging, documentation, and accessory equipment);
2) shipping, until the certified receipt at our warehouse, is under the complete responsibility of the customer. We are not responsible in any way for damage or theft/loss of goods returned with uninsured or untracked shipments (e.g., priority mail).
3) in case of damage to the good during transport, it will be our responsibility to promptly inform the customer of the incident (within 5 working days from receipt of the good) to allow them to file a complaint against the courier they chose and obtain a refund of the value of the good (if insured);
4) if, on the other hand, the return is received intact in all the above points, we will refund the cost of the goods only (not shipping costs) within 30 days of receiving the return.
11.7 All products (excluding underwear and perishable goods) can be exchanged provided they are returned in original saleable condition, i.e., unused or unworn, with intact packaging, any packaging material, and warranty seals.
Product exchange is possible within and no later than 30 days:
- for in-store purchases: from the date of purchase;
- for online purchases: from the moment the package is received;
- for orders with Local Pick Up: from the moment the order is marked as "completed".
Products can be exchanged under the same conditions as above but only for other discounted products in the same product category.
Shipping costs are always borne by the customer, unless returns are caused by defective products or order errors made by Camiciecoraggiose itself.
- UNATTRIBUTABLE DEFAULTS - UNAUTHORISED PAYMENTS
12.1 The Seller is not responsible for the non-execution or delayed execution of the Contract if this depends on disruptions attributable to causes of force majeure, unforeseeable circumstances, or in any case not attributable to the Seller.
12.2 The Seller assumes no responsibility for any fraudulent, unlawful or irregular use of credit cards, cheques or other means of payment, attributable to malicious or negligent conduct, including slight fault, of the Buyer with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment.
- DEFECTIVE PRODUCTS, COMPENSABLE DAMAGES AND RELATIVE BURDEN OF PROOF
13.1 The Producer is liable for damages caused by defects in goods promoted/transferred through the Site. Pursuant to art. 116 of the Consumer Code, the Seller will be liable for damage caused by a defect in the sold good if they fail to communicate to the injured party, within three months of the request referred to in the following third paragraph, the identity and domicile of the Producer or the intermediary who supplied them with the good in question.
13.2 The injured party may claim compensation for damages caused by death or personal injury, or by the destruction or deterioration of an item other than the defective good, provided it is normally intended for private use or consumption and used as such by the injured party. In the latter case, pursuant to art. 123 of the Consumer Code, damage to an item other than the defective good will be compensable only to the extent exceeding the sum of € 387.00 (three hundred and eighty-seven euros). In any case, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The claim for damages, which must be drawn up exclusively in writing, must specify the good that caused the damage, as well as the date and place of its purchase. Furthermore, if still existing, it will be the injured party's responsibility to offer the good in question for inspection, according to the instructions given by the Producer, or Seller, or by third parties indicated by them.
13.4 Compensation for damage will be excluded if the injured party, aware of the defect of the good and the associated dangers, nevertheless voluntarily exposed themselves to it. In the presence of fault on the part of the injured party - who, by exercising ordinary diligence, could have avoided the damage suffered - the requested compensation will be excluded or reduced in proportion to the seriousness of the fault attributable to the victim.
13.5 Any liability for consequences arising from a defective good is to be excluded if the defect itself is attributable to the conformity of the good to an imperative legal norm, or other binding provision, or if the state of scientific and technical knowledge, at the time the good was put into circulation, did not yet allow it to be considered defective.
- SPECIFIC CASES OF AUTOMATIC TERMINATION OF THE CONTRACT
14.1 The timely payment for goods purchased online, pursuant to Art. 6.1 of these General Online Sales Conditions, as well as the payment of any further charges and/or commitments referred to in Art. 6.3, are considered essential obligations of the Contract.
14.2 Unless justified by unforeseeable circumstances or force majeure, non-fulfilment of the aforementioned obligations will result in the legal termination of the Contract pursuant to art. 1456 of the Italian Civil Code.
- PROCESSING OF THE BUYER'S PERSONAL DATA (REFERENCE TO SPECIFIC INFORMATION NOTICES)
15.1 The Seller protects the personal data of the Buyer, guaranteeing full compliance of their processing with the relevant legislation and, in particular, with Regulation 679/2016 as well as the pertinent national norms (Privacy Code, as last amended by Legislative Decree 101/2018).
15.2 For details, please refer to the Privacy and Cookies Policies on the website; it is hereby informed that the personal data provided by the user, acquired through navigation on the Site, will be collected and processed electronically/digitally, and if necessary in hard copy, with the following main purposes: i) register the order; ii) execution of the Contract and related communications; iii) fulfilment of legal obligations; iv) management of commercial relationships to better carry out the requested services.
- SELLER'S AND BUYER'S CONTACT INFORMATION
16.1 Official communications addressed to the Seller, such as any complaints from the Buyer, will be valid only if sent via Registered Mail with Return Receipt to Braveshirts srl, via Madre Cabrini 7, 20122, Milan, or sent via e-mail to the following address info@camiciecoraggiose.com, or to the following certified e-mail address (PEC) Braveshirtssrl@pec.it.
16.2 The Buyer indicates, at the time of registration on the Site or in the order confirmation form, their residence or domicile, their telephone numbers, and the email address to which communications from the Seller will be sent.
- AVAILABLE LANGUAGES AND SUPRANATIONAL USABILITY OF THE SITE
17.1 The Site and related services are available in Italian.
17.2 These General Online Sales Conditions are available in Italian. If translated into other languages, the Italian version shall be the only authentic version.
17.3 Accessible by computer, tablet, smartphone, or other devices, wherever they are located, the Site promotes goods and/or services mainly intended for the national market. Orders from third countries, unless otherwise specified below, will be accepted and fulfilled as agreed. In this case, unless otherwise agreed, delivery will take place at the Seller's premises. The Seller/Operator reserves the right to suspend/terminate, with brief notice and without any penalty, any promotional, marketing, sales, or supply activity of goods and/or services through the Site, if legal/tax/customs obstacles, or, in any case, objective obstacles (and not subjective ones related only to the User's geolocation), preclude the receipt of the order and/or the execution of the Contract with Users residing or domiciled in third countries.
18 ONLINE OUT-OF-COURT DISPUTE RESOLUTION
18.1 In accordance with EU Regulation 524/2013, the Buyer is informed of the right to refer the resolution of any dispute with the Seller - concerning the offer and purchase of goods and/or services promoted online - to bodies/companies/offices active in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution), through web procedures that are simple, quick, and economical (so-called ODR - Online Dispute Resolution).
18.2 For all information on the aforementioned ODR procedures, please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
- COMPETENT COURT AND LAW APPLICABLE TO THE CONTRACT
19 .1 Any dispute between the Seller and the Buyer concerning the Contract and its execution shall be governed by Italian law and administered, unless otherwise agreed, by the courts of the consumer forum. The Buyer will, in any case, be guaranteed the rights conferred by the mandatory consumer protection laws in force in their country of residence and/or domicile.
19 .2 For the reference rules regarding competent court and applicable law to the Contract, reference is made to art. 66 bis of the Consumer Code, art. 18 of EU Reg. 1215/2012, art. 6 of EU Reg. 593/2008, as well as to arts. 3 and 57 of Law no. 218/1995.