General Terms and Conditions of Sale
These General Terms and Conditions of Sale (the "Terms and Conditions") govern the sale of merchandise by BULGARI ESPAÑA, S.A., Spanish company having its corporate domicile in Calle Serrano, 16, 4º derecha, CP 28001, Madrid (Spain), with CIF number A-80134653 and registered before the Commercial Registry of Madrid under tome 1791, page 131, section 8ª, sheet M-32,362, ("BULGARI" or "we") through the Spanish section of Bulgari.com (the "Website"). The sale is available only for purchases exclusively within the territory of Spain excluding Canarias, Ceuta y Melilla (hereinafter, the "Territory").
Only individuals who (a) have reached the age of majority, (b) have legal capacity to enter into contracts, may place orders for BULGARI products either through the Website, following the indications thereon or by phone, calling us at +34.911438346 from Monday to Friday from 10:00 am to 6:30 pm (CET Time) except 25th December and 1st January. We do not accept orders by email.
All orders are subject to written acceptance by BULGARI. It is your responsibility to check that the information displayed in your Shopping Bag accurately reflects your selection before confirming your order. Upon confirmation (i.e. clicking the “Buy Now” button as explained below), the order will be sent to BULGARI for processing and, within twenty-four (24) hours, you will receive an acknowledgment email containing the main details of your order. Said acknowledgement email does not represent acceptance of your order. After processing, upon shipment of the product you have ordered, we will send you a confirmation email of your order. BULGARI also reserves the right to require verbal confirmation of orders. If we request verbal confirmation of an order, you shall give confirmation by phone and email confirmation will not be sufficient.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images. Accordingly, BULGARI shall not be liable for any error or inaccuracy in the photographs or graphical representations of BULGARI 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 +34. 911 438 346, via live chat or through the “contact us” section of the Website.
Orders may be placed for personal use only, any commercial use excluded.
BULGARI 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 BULGARI has reasonable ground to suspect that you have violated these Terms and Conditions, or are or appear to be engaged in fraudulent activities or use of purchased products other than for personal use as permitted by these Terms and Conditions. BULGARI 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 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 accepting the 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 “Pay Now” button. After placing an order, you will receive, as soon as possible and within twenty-four (24) hours, an automatic e-mail confirmation from us acknowledging that we have received your order. Please note that clicking the “Pay Now” 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 BULGARI for processing and may not be changed or cancelled 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 an e-mail that confirms that the Product has been dispatched and which contains the relevant tracking number (the “Order Confirmation”). The contract between us will only be formed when we send you the Order Confirmation. The contract will relate only to the products which dispatch we have confirmed in the Order Confirmation. BULGARI files for its own records evidence of all transactions between BULGARI and its customers. You may download and file, for your own records, these General terms and Conditions and the Order Confirmation. In the event of a dispute between BULGARI and one of its customers relating to a transaction conducted on the Website, the data recorded by BULGARI shall be treated as evidence of the details of the transaction.
BULGARI will send you an electronic copy of the invoice for the products purchased together with the Order Confirmation and, if required, a hard copy of the invoice together with the product delivered to you, or delivered to our boutique in Calle de José Ortega y Gasset 17, Madrid for you to collect, as the case may be.
BULGARI reserves the right to change the assortment of items offered on the Website from time to time without prior notice to the customers. BULGARI will not be liable if any product is out of stock or otherwise unavailable.
PRICES AND PAYMENTS
The prices of BULGARI products are indicated in Euros (EUR), inclusive of applicable taxes and excluding shipping costs, if any.
BULGARI 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 “Pay Now” button.
You are responsible of the costs incurred when using means of distance communication in connection with placing an order with us (cost of internet access, telephone costs), and these costs do not differ from the standard rate.
BULGARI reserves the right to correct any errors or inaccuracies on the Website or to cancel orders if any such information is inaccurate. You will be required to pay for any order placed on the Website immediately upon clicking on the “Pay Now” button. The amount of the purchase price of the products ordered by you will be blocked on your credit or debit card but you will only be charged upon shipment of the products to you. We only accept payment through credit and debit cards. We accept the following credit and debit cards: Visa, Mastercard, Amex. You cannot use store credits or gift certificates issued by BULGARI boutiques to purchase products offered on the Website.
All orders are payable in Euros (EUR).
Please note that your order must contain a delivery address located within the Territory. Orders with shipping address other than a location within the Territory will not be processed.
RESERVATION OF TITLE
Products ordered by you will remain the property of BULGARI until BULGARI 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 products received to BULGARI immediately upon request.
Products purchased via the Website may only be delivered within the Territory the products will be shipped to the delivery address specified during the ordering process. Please note that PO Boxes may not be used for the delivery of our products. If you insert a Hotel address as the delivery address for your order, please note that the delivery can only be made to the person indicated in the order, and the products may not be delivered to the reception of the Hotel.
During the ordering procedure, BULGARI will inform you of the standard time required for delivery and the various forms of delivery available for the products purchased. You will be asked to select the shipping method as a part of the ordering procedure. Delivery costs, if any, depend on the value of the order and the delivery service chosen. BULGARI 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. While BULGARI cannot guarantee a delivery time, it provides the following general shipping guidelines:
Express delivery: the products will be delivered within 2 to 4 working days from the Order Confirmation date.
Upon delivery, the signature confirmation by a person who has reached the age of majority is required for all Website orders. You acknowledge that any person taking delivery of the products at the designated address shall be deemed to have done so with your authorization.
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 phone at +34.911438346 or emailing firstname.lastname@example.org, or via live chat on the Website as soon as possible.
CLICK & COLLECT
"Click & Collect" is a complimentary delivery option available from our boutique in Calle de José Ortega y Gasset 17, Madrid. By choosing ‘Click & Collect’, you can have your order sent to said boutique and you can collect it at your own leisure. Please check the opening hours of the boutique in the Click & Collect section of the Website.
We will confirm by e-mail: (i) when your order has been dispatched and (ii) when it is ready for collection.
We will make every effort to make your order available for collection within the estimated timescales (following working day). Delays are occasionally inevitable during sale or other busy periods, or due to unforeseen factors or events outside our control. BULGARI shall not be liable for any delay or failure to make your order available for collection within the estimated timescales.
When collecting your order, please make sure that you bring your 'ready for collection' email as a print out or ready to display on your mobile device together with your original valid photographic ID document or, if collection is to be made by a person delegated by you, an original copy of the authorization signed by you bearing the name, surname, date and place of birth of the delegated person, the 'ready for collection' email and the original valid photographic ID document of both you and the delegated person. We will make and keep copies of all photographic ID documents, in order to guarantee the client's security and to prevent any fraudulent use of their identity and / or their means of payment.
Before taking delivery of the parcel, you or the person delegated by you, must sign the Order delivery slip. The signed delivery slip is proof of delivery and acceptance of the ordered products. 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 you fail to collect your order within fourteen (14) days of your ready for collection 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, and you will be reimbursed of the price paid.
If for any reason you do not wish to comply with the procedures set out in this paragraph, we regret that you will not be able to use our Click & Collect service.
a) General provisions You may return any online purchase without customized engraving or embossing, for a refund or exchange, by clearly informing us of your intention to do so within fourteen (14) calendar days from the date of receipt by you of the products:
(i) by contacting our Customer Service by phone calling +34 911438346, via live chat, or emailing email@example.com giving us your name, address and order number, we will send you an e-mail acknowledging receipt of your withdrawal request; or
(ii) by directly returning the products in one of our BULGARI boutiques located within the Spanish territory.
All returns must include the original sales receipt and be returned in original packaging. Please note that all returns and exchanges are subject to a quality assurance inspection process before they are accepted. Any product with signs of wear, damage, or alteration (including but not limited to re-sizing) or whose security tag, if any, has been removed cannot be accepted. You will be refunded for the accepted returned products and Bulgari will pay the cost of returning the Products by providing you a return label. 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.
You may also use the attached model return form (hereinafter the “Return Form”).
If you return the products using your own means and at your own expense, it is recommended you keep proof of return by registered post or by any other method which provides a record of the shipping date. You must insure the parcel against loss and theft for the value of the contents. We shall not be held liable for the loss or theft of products returned by you using your own means. Please find below more details on returns procedures.
b) Returns to our Customer Service Centre
When the return form or your statement informing us of your intention to withdraw from your purchase is received, we will email you a one-time return label pre-paid by us. You may also return the products by directly sending them back to our BULGARI boutique in Calle José Ortega y Gasset, 17, Madrid, together with the Return Form or a declaration explicitly stating your decision to withdraw from the contract in accordance with paragraph a) above. You shall send back the product you wish to return or hand them over to us without undue delay and in any event no later than fourteen (14) calendar days from the day on which you communicate your withdrawal from this contract to us. Your refund will be credited back to the same card used to make the original purchase on the Website. The deadline is met if you send back the product(s) before the period of fourteen (14) calendar has expired. If you have exchanged the purchased product for another product of higher price, you will be charged the difference. We will not exchange merchandise for items of lesser value. Gift recipients are entitled to an exchange of equal or greater value only. Order delivery standard costs, if any, will be refunded. If the online purchase is returned for an exchange, you will not be charged for shipping costs related to the second shipment.
c) Returns to our Retail Store
BULGARI also offers you the possibility to return your online purchase to one of our BULGARI boutiques located within the Spanish territory, for an exchange, store credit or refund. You may return your online purchase without customized engraving or embossing and whose security tag, if any, has not been removed, within fourteen (14) calendar days from the date of receipt by you, or within fourteen (14) calendar from the day you have sent to us the Return Form or a declaration explicitly stating your decision to withdraw from the contract in accordance with paragraph a) above. If you have exchanged the purchased product for another product of higher price, you will be charged the difference. Gift recipients shall be entitled to an exchange of equal or greater value or store credit, with an original gift receipt only. Store credits may only be redeemed at one of our retail stores and not through an online purchase.
As a consumer (meaning any individual who is acting for purposes which are outside his or her trade, business or profession), you are entitled to various statutory warranties including a warranty that the products supplied to you conform to your contract with us. In addition to the above, the following warranty is provided in connection with watches: the BULGARI watches warranty is valid for two years from the date of the purchase, it will be honoured 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.
For repair inquiries, please contact our Customer Service by phone calling +34 911438346, via live chat, or emailing firstname.lastname@example.org or through the “Contact us” section of the Website.
BULGARI guarantees the authenticity of all products purchased through the Website.
GOVERNING LAW - CHOICE OF FORUM – ONLINE DISPUTE RESOLUTION
These Terms and Conditions shall be governed by the laws of Spain.
Any cause of action that may arise under these Terms and Conditions will be brought in the appropriate court in Madrid and you agree to submit to the personal and exclusive jurisdiction of the appropriate courts located in Madrid. The Foregoing is without prejudice to any of our rights which cannot be excluded under the law of your Country of residence Spanish courts which shall have exclusive jurisdiction and you agree to submit to the personal and exclusive jurisdiction of the appropriate courts located in Spain. The foregoing is without prejudice to any of your rights which cannot be excluded under the law of your Country of residence.
Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.
We are not responsible for any delay in, or failure of, performance of our obligations under any these Terms and Conditions arising from any cause beyond our reasonable control, including force majeure, and for events which cannot be foreseen or which, being foreseen, are inevitable .
Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.
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.
BULGARI’S CODE OF ETHICS
BULGARI’s commitment to conducting business ethically is expressed in its Code of Ethics, available on the Website at https://www.bulgari.com/en-es/about-bulgari-csr-committment. BULGARI constantly checks that the principles of these codes are respected and properly applied.
COPYRIGHT – VALIDITY
((c) 2018 BULGARI España, S.A. All rights reserved.
These Terms and Conditions are effective as of ___________.[26th March 2018]..