General Terms and Conditions of Sale
Version dated February, 11th 2019
These General Terms and Conditions of Sale (the “Terms and Conditions”) govern the sale of merchandise by Bulgari Corporation of America (“BVLGARI” or “we”) through the U.S. section of Bulgari.com (the “Website”). The sale is available only for purchases exclusively within the Continental United States, Alaska and Hawaii.
THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION” REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST BVLGARI. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO WAIVE YOUR RIGHT TO ASSERT CLAIMS ON BEHALF OF A CLASS. THE “DISPUTE RESOLUTION” SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
If you have reached the age of majority or (legal age) in your jurisdiction (typically 18 or 19 years old) and only if you can enter into legally binding contracts under applicable law, you may place orders for BVLGARI products either through the Website, following the directions therein, or by phone, calling us on 1-800-BVLGARI (1-800-285-4274) Monday to Friday from 9AM to 9PM EST and Saturday from 12PM to 6PM EST. We do not accept orders by email. All orders are subject to written acceptance by BVLGARI. It is your responsibility to check that the information displayed in your Shopping Bag accurately reflects your selection before confirming your order.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your products may vary slightly from those images. Accordingly, BVLGARI shall not be liable for any error or inaccuracy in the photographs or graphical representations of BVLGARI products displayed on the Website. If you have any questions about the products, you may contact the customer service department by emailing email@example.com, calling 1-800-BVLGARI or by live chat through the “contact us” section of the Website.
Orders may be placed for personal use only, any commercial use excluded. BVLGARI has the right to cancel any order placed by you in the event you have been involved in a dispute concerning a prior order, or if BVLGARI has reasonable grounds to suspect that you have violated these Terms and Conditions, or are or appear to be engaged in fraudulent activities or appear to be purchasing products other than for personal use as permitted by these Terms and Conditions. BVLGARI has the right to refuse any order at its discretion. Orders may not exceed three (3) products in any buying session.
CONFIRMATION OF ORDERS
In order to process the order, you must select the product you wish to buy and click the “Add to Shopping Bag” button. The selected products will then be included in the “Shopping Bag” and the order can be placed by filling out the order form and affirmatively accepting these General Terms and Conditions of Sale. Prior to submitting the order, you are required to verify the accuracy of the information provided and make the necessary corrections. The Order is submitted when you click the “Place Order” button. After placing an order, within twenty-four (24) hours, you will receive an automatic e-mail confirmation from us acknowledging that we have received your order. Please note that clicking the “Place Order” button does not mean that your order has been accepted and purchase completed. Your order constitutes an offer to us to buy a Product. Upon receipt, the order will be submitted to BVLGARI for processing and may not be changed or cancelled by you except as expressly provided in these Terms and Conditions or as required by applicable law. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a second e-mail that confirms that the product has been dispatched and which contains the relevant tracking number (the “Order Confirmation”). The Order Confirmation will also list each Product being dispatched and the final price (inclusive of taxes, shipping and handling charges). The contract between us will only be formed when we send you the Order Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. BVLGARI also reserves the right to require verbal confirmation of orders. If we request verbal confirmation of an order, you will be required to give confirmation of the order by phone and email confirmation will not be sufficient. BVLGARI files for its own records evidence of all transactions between BVLGARI and its customers. Download and file for your own records these General terms and Conditions and the Order Confirmation. In the event of a dispute between BVLGARI and one of its customers relating to a transaction conducted on the Website, you agree that the data recorded by BVLGARI shall be treated as evidence of the details of the transaction.
At your request, BVLGARI will send you an electronic copy of the invoice for the products purchased once the products have shipped.
BVLGARI reserves the right to change the assortment of items offered on the Website from time to time without prior notice to the customers. BVLGARI will not be liable if any product is out of stock or otherwise unavailable.
In the circumstance that any product you select becomes unavailable after we send an Order Confirmation of the order, the customer service unit will inform you by phone or e-mail as soon as possible. You will have the option to choose another product or cancel your order, unless the order which was made was a multiple order, in which case the customer service unit will inform you by phone or email of which part of the order will still be shipped. You will only be charged for the part of the order which is shipped and may then choose another product to replace the unavailable product, which will be processed as a separate order.
PRICES AND PAYMENTS
The prices of BVLGARI products are indicated in U.S. dollars, excluding taxes and shipping costs. BVLGARI charges state, county and local sales tax as required by applicable law.
BVLGARI reserves the right to modify the price of products offered on the Website at any time without prior notice to you. You will be charged the prices displayed on the Website at the time the order was confirmed by you by clicking on the “Place Order” button.
You are responsible for the costs incurred when using the Website in connection with placing an order with us (cost of internet access, telephone costs).
BVLGARI reserves the right to correct any errors or inaccuracies on the Website or to cancel orders if any such information is inaccurate. Subject to availability as noted above, you are obligated to pay for any order placed on the Website immediately upon clicking the “Place Order” button. The amount of the purchase price of the products ordered by you will be blocked on your credit or debit card but your credit or debit card will only be charged upon shipment of the products to you. We only accept payment by credit and debit cards. You cannot use store credits or gift certificates issued by BVLGARI boutiques to purchase products offered on the Website. All orders are payable in U.S. dollars. We accept the following credit and debit cards: American Express ®, MasterCard ®, Visa ®, Discover ® and JCB ® as well as PayPal. Please note that your order must contain a U.S. delivery address. Orders with a shipping address other than a U.S address will not be processed. Your credit or debit card will only be charged when your order is dispatched. If any of the products in the order is unavailable, BVLGARI will only charge the price, taxes and shipping costs for the products available.
RESERVATION OF TITLE
Products ordered by you will remain the property of BVLGARI until BVLGARI has received full payment thereof and you hereby grant a security interest in such products until full payment has been received. If there is any problem with payment, you are responsible to return the goods received to BVLGARI immediately upon request.
Products purchased via the Website may only be delivered within the Continental United States, Alaska, and Hawaii, and we specifically exclude Puerto Rico, Guam, and all other U.S. possessions and territories.
The products will be shipped to the delivery address specified during the ordering process. You may specify a single address for each order. Please note that PO Boxes, freight forwarders, hold for pickup locations and Hotel addresses may not be used for the delivery of our products.
During the ordering procedure, BVLGARI will inform you of the standard time required for delivery and the various forms of delivery available for the goods purchased. You will be asked to select the shipping method as a part of the ordering procedure. Delivery costs depend on the value of the order and the delivery service chosen. BVLGARI reserves the right to divide the order into partial shipments. In this case, your credit or debit card will only be charged for a single shipment.
Orders placed by 12:00PM EST Monday through Friday are shipped same day. Orders received after 12:00PM EST Monday through Friday will be shipped the following business day. Orders are delivered Monday through Saturday, where Saturday delivery service is available. Sunday and holiday delivery is not available. While BVLGARI cannot guarantee a delivery time, it provides the following general shipping guidelines:
The order will generally be delivered within 4 to 7 business days from the shipment date.
The order will generally be delivered within 2 business days from the shipment date.
The order will generally be delivered within one (1) business day from the shipment date.
Upon delivery, a signature confirmation by a person of 21+ years is required for all Bulgari.com orders above $500. You acknowledge that any person taking delivery of the products at the designated address shall be deemed to have done so with your authorization.
CLICK & COLLECT
“Click & Collect” is a complimentary delivery option available from all our BVLGARI Boutiques in the United States. By choosing “Click & Collect”, your order will be sent to your selected Boutique, where you will have the ability to collect your purchase within 14 days after placing it. We will confirm by email when your order has been sent to your chosen Boutique, and when it becomes available for pick up. Your item(s) will be available within 3 to 4 days after the order has been placed. During high volume periods, delays may occasionally occur due to unforeseen factors or events outside our control. BVLGARI shall not be held liable for any delay or failure to make your order available for collection within the estimated delivery time. Prior to collecting your order, you will receive an email confirmation stating your order is ready to be collected from your chosen Boutique.
• When collecting your order, you must bring:
1. Proof of your purchase (either digitally or printed)
2. Original method of payment or PayPal confirmation
3. Government- issued photo identification
4. Confirmation email
• If you wish to designate another person to collect your order, they must bring:
1. A forwarded copy of your proof of purchase (printed) along with your written consent
2. Original method of payment or PayPal confirmation
3. A copy of the purchaser’s government- issued photo identification
4. Representative’s government-issued photo identification
5. Confirmation email
It is important that you collect your order within the designated time frame. Your order will be available at your chosen Boutique for 14 days. If your order is not collected within this timeframe, your purchase will be refunded back to its original method of payment, except for personalized and or engraved pieces.
The return policy for “Click & Collect” purchases is the same as the one for all Website purchases. Before taking possession of your order, you or your designate must sign our ‘Order Delivery Slip’ as proof of delivery and acceptance of your order. No dispute relating to the actual delivery is possible if the parcel is deemed to have been delivered, our records being considered proof thereof. If for any reason you do not wish to comply with the terms and conditions within our “Click & Collect” policy, you will not be able to use our “Click & Collect” service. If you fail to collect your order within 14 days of receiving your “Ready for Collection” confirmation email, your contract shall be automatically terminated and your order will be returned to our warehouse and no longer be available for collection from the store. You will be refunded for the total amount paid, except for personalized and or engraved pieces.
PROBLEMS OF DELIVERY
Any failure to deliver or a delivery exceeding ten (10) business days from the shipment date or any discrepancy between ordered and delivered products should be promptly reported to our customer service department by emailing firstname.lastname@example.org, by calling 1-800-BVLGARI or by live chat.
a) General provisions
You may return any online purchase without customized engraving, personalization or embossing, for a refund or exchange, within thirty (30) calendar days from the date of delivery, by clearly informing us of your intention to do so:
- by completing the online return form https://www.bulgari.com/en-us/returnsearch
- by writing to BCA 215 Mill Street Lawrence NY 11559 attn. Returns
Please note that fragrances products may not be returned or exchanged.
You may also return your online purchase to any of our retail stores in the continental U.S., Alaska or Hawaii but only for an exchange or store credit. BVLGARI boutiques do NOT offer cash refunds on any products purchased online. Products purchased abroad cannot be returned or exchanged online or in retails stores in the U.S.
All returns and exchanges must include a printed copy of the invoice received by email and items must be returned in original packaging with security tags unremoved. Please note that all returns and exchanges are subject to a quality assurance inspection process before they are accepted. Any item with signs of wear, damage, or alteration (including but not limited to re-sizing) cannot be accepted. You will be refunded for the returned products and the order delivery standard costs. We will pay the cost of returning the products by providing you a Return Label to be requested here https://www.bulgari.com/en-us/returnsearch.
You may be held liable in the case of depreciation of the value of the product as a result of handling that is not consistent with preservation of the nature, characteristics and, where applicable, the correct operation of the products.
Please find below more details on returns and exchanges procedures.
b) Returns to our customer service center
When the return form or your statement informing of your intention to withdraw from your purchase is received by us, we will email you a pre-paid one-time return label. If you choose not to use the pre-paid return label provided by us, you will be responsible for insurance and shipping fees. You may return the products by directly sending them back to BCA 215 Mill Street Lawrence NY 11559 attn. Returns, together with the Return Form. You shall send back the product you wish to return without undue delay and in any event, not later than 30 days from the day on which you receive your order. Your refund will be credited back to the same method of payment used to make the original purchase on the website once the returned products are received and passed our quality insurance inspection.
c) Returns to our retail stores
You may also return your online purchase without customized engraving or embossing within thirty (30) calendar days from the date of delivery to any of our retail stores in the continental U.S., Alaska or Hawaii only for a store credit.
BVLGARI boutiques do NOT offer refunds on any products purchased online. Store credits may only be redeemed at one of our retail stores in the continental U.S., Alaska or Hawaii and not through an online purchase.
d) Exchanges in our retail stores
You may exchange your online purchase without customized engraving or embossing, within thirty (30) calendar days from the date of delivery, to any of our retail stores in the continental U.S., Alaska or Hawaii. If you exchange the purchased product for another product of higher price, you will be charged the difference. If you exchange for another product of lower price, a store credit will be issued if the balance due is over $500, or you will be refunded if the balance due is under $500. Gift recipients are entitled to an exchange of equal or greater value only.
e) Exchanges through our customer service center
If you wish to exchange the purchased product for another product through our customer service center you may place a new order online and return the initial product following the instructions above detailed in paragraph b).
As a consumer (meaning any individual who is acting for purposes which are outside his or her trade, business or profession), you may be entitled to certain statutory warranties including a warranty that the products supplied to you conform with your contract with us or are otherwise defective. In addition to the above, the following warranty is provided in connection with watches: the BVLGARI watches warranty is valid for two years from the date of the purchase, it will be honored anywhere in the world and covers all manufacturing defects. This warranty does not cover normal wear and of the case, metal or leather watchband, crown and glass. It is not valid in case of loss, theft, improper use, negligence or attempts to repair it by unauthorized persons.
BVLGARI guarantees the authenticity of all products purchased through the Website. All large leather goods (handbags) issued after August 2017 contain an authenticity chip, which is activated prior to shipment to you.
YOU AGREE THAT ANY DISPUTE ARISING BETWEEN YOU AND BVLGARI WILL BE GOVERNED BY THE ARBITRATION PROCEDURE OUTLINED BELOW. IN ARBITRATION, THERE IS NO RIGHT TO A TRIAL BY JURY IN A JUDICIAL FORUM AND CERTAIN OTHER RIGHTS TO DISCOVERY OF INFORMATION AND APPEAL FROM THE ARBITRATOR’S DECISION MAY BE CURTAILED.
Informal Dispute Resolution
We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, or the purchase and use of any merchandise (collectively, a “Dispute”), you and BVLGARI agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to BVLGARI at email@example.com. We will contact you via email at the address specified in any such notice. You and BVLGARI agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or BVLGARI may resort to the other alternatives described in this section.
Agreement to Arbitrate
Any dispute or claim relating in any way to or arising out of these Terms and Conditions or to any merchandise sold by BVLGARI will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 555 Madison Ave, New York, NY 10022. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
Opt-out of Agreement to Arbitrate.
You can decline this agreement to arbitrate by contacting BVLGARI at firstname.lastname@example.org within thirty (30) days of your first use of any of the Website and stating that you decline this arbitration agreement. If you have an account on the Website, the opt-out notice must include your email address and other contact information.
Exceptions to Agreement to Arbitrate.
Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
No Class Actions.
YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OF, OR PARTICIPATE AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. FURTHER, UNLESS YOU AND BVLGARI OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
These Terms and Conditions shall be governed by the laws of New York without regard to its conflicts of law provisions.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
BVLGARI’S CODE OF ETHICS
BVLGARI’s commitment to conducting business ethically is expressed in its Code of Ethics, available on the Website at https://www.bulgari.com/en-us/corporate-social-responsibility/supply-chain.html. BVLGARI constantly checks that the principles of these codes are respected and properly applied.
COPYRIGHT – VALIDITY
(c) 2019 Bulgari Corporation of America. All rights reserved.