Shopping informations
Condizioni generali d'uso

These General Terms of Use regulate your access and use of the “hiphopwatches.it” website, the official online store for HIP HOP products (“Sito”) owned by Binda Italia Srl with registered office in Milan, Corso Sempione, 2, Tax Code and VAT No. 05025890962, registered at the Companies Register of Milan, with Economic and Administrative Index No. MI - 1790276 (“BINDA ITALIA”).

For any other legal information relating to the Website, please consult the sections Terms of Sale, Right of Withdrawal, Privacy Policy and Cookie Policy, which constitute an integral part of these General Terms of Use.

By accessing the Website, you accept and expressly agree to respect all conditions provided therein. If you do not agree, in whole or in part, with these General Terms of Use, please do not use the Website.

Binda Italia may change or simply update, in whole or in part, the General Terms of Use, along with the Terms of Sale, Right of Withdrawal, Privacy Policy and Cookie Policy. The changes and updates of the General Terms of Use, along with those relating to the Terms of Sale, Right of Withdrawal, Privacy Policy and Cookie Policy, are binding as soon as they are published on the Website in the respective section. You are therefore invited to access the General Terms of Use, Terms of Sale, Right of Withdrawal, Privacy Policy and Cookie Policy sections on a regular basis to check the publication of the most recent and updated terms.

Access and use of the Website is available only for personal use to purchase HIP HOP products (“Prodotti”) or to use the services made available by Binda Italia and to obtain information on the same. Therefore, the performance of any commercial, business and professional activity by you is not permitted.

1. Contents and limitation of liability of Binda Italia

Access and use of the Website, including the display of web pages, are activities conducted by you.

You are solely liable for your use of the Website and its contents. Binda Italia, in fact, may not be considered liable for any use that does not comply with the rules of law in force.

In particular, you are solely liable for the communication of information and data that is incorrect, false or relates to third parties, without the latter having provided their consent, as well as in view of any incorrect use of the same.

The contents of the Website may contain inaccuracies or typing errors. Binda Italia may not in any case or for any reason be deemed liable for any inaccuracies and errors or for damages caused or deriving from any reliance by you on the information obtained from the Website or by way of it. You are solely and exclusively responsible for assessing the information and content obtainable from the Website.

The Website and all information and contents published on it may be changed by Binda Italia at any time, occasionally and without notice.

Since any material will be downloaded or otherwise obtained by using the service at your choice and at your risk, any liability for damages to computer systems or losses of data resulting from downloading operations performed by you falls upon you personally and may not be attributed to Binda Italia. Binda Italia declines any liability for damages resulting from the inaccessibility of services found on the website or from any damages caused by viruses, damaged files, errors, omissions, service interruptions, deletions of contents, problems caused to the network, providers or telephone and/or online connections, unauthorised accesses, alterations of data, lack of and/or defective functioning of electronic equipment belonging to you.

You are responsible for the custody and correct use of your personal information as well as for any harmful consequence or prejudice that may be caused to Binda Italia or to third parties as a result of the incorrect use, loss or misappropriation of that information.

In the case of registration, you are responsible for the custody and correct use of your credentials allowing you to access the reserved services. In that case, you are required to choose your own user ID and a password. In addition, you are required to provide specific information, which must be correct and updated. You may not choose the user ID of another person with the intention of using their identity. In addition, you may not use the user ID of another person without his or her express authorisation.

You are required to ensure the confidentiality of your password and to avoid sharing it with third parties.

You are fully responsible for any action undertaken via your account, both directly and by way of third parties authorised by you. Any misuse, fraudulent or in any case illegal use will result in the immediate deletion of the account, at the sole discretion of Binda Italia.

Binda Italia has adopted technical and organisational measures suitable for safeguarding the security of its services on the Website, the integrity of data relating to traffic and electronic communications with respect to the prohibited forms of use or cognition as well as to avoid risks of dispersion, destruction and loss of confidential and other data and information, relating to its users, present on the Website, or access - unauthorised and not compliant with the rules of law - to that data and information.

Binda Italia cannot, however, guarantee that the Website is free from viruses or any element that may have prejudicial effects on any technology.

2. Access to the Website and interruptions, suspensions

Binda Italia will seek to allow uninterrupted access to the Website; however, access to the Website may be suspended, limited or interrupted at any time. Access to the Website may also occasionally be limited to allow for repairs and maintenance to be performed or to introduce new features and services. Binda Italia will seek to restore that access as soon as possible. Binda Italia also reserves the right to block access to any material and/or to remove any material that, at its sole discretion, may give rise to violations of these General Terms of Use.

Binda Italia also reserves the right to close the account of any user who breaches these General Terms of Use, including in circumstances where it identifies that a user is using IP (Internet Protocol) addresses of proxy nature in an attempt to hide the use of multiple registration accounts, or pretends to be located in a country other than that in which he or she actually resides, or causes in any way disturbances to the functioning of the Website.

3. Personal data protection

You are invited to consult the Privacy Policy and the Cookie Policy, which constitute an integral part of the General Terms of Use, for more information on how the Website collects and uses your personal data and for what purposes.

4. Intellectual property rights

All intellectual property rights (including copyright, patents, trademarks, service marks, brands, designs and models, both registered and unregistered) on the Website, the informative content present on the Website or to which access is provided, all databases managed by Binda Italia and all projects, texts and graphics, software, photos, videos, music, sounds of the Website and the selection and availability of the same, and all compilations of software, underlying source codes and all software (including applet and script) are and remain the property of Binda Italia (or the property of its licensors). All rights are reserved

None of the materials referred to in the above paragraph may be reproduced, redistributed or copied, distributed, re-published, downloaded, viewed, published or sent in any form or by any means, sold, rented, sub-licensed, used to create derivative works, or exploited in any way without the prior express authorisation of Binda Italia.

You may, however, obtain and view the content of the Website on the screen of a computer, save that content in electronic format on a disk (but not on a server or on a storage device connected to a network) or print a copy of that content for personal and non-commercial use, provided that you keep intact all notes relating to copyright and other intellectual property rights.

Accessing the Website does not grant you any right over the contents of the same.

5. Links to other websites

Where the Website contains links to the websites of third parties and to resources provided by third parties ("Other Websites"), Binda Italia specifies that the links to those Other Websites are included simply for informative purposes and for your convenience. Binda Italia has no control over the Other Websites and it does not, therefore, accept any liability for those Other Websites or for the content or products of the Other Websites (including, by way of example and without limitation, references to social networking sites such as Facebook) and it does not accept any liability for any loss or damage that may result from the use of the same by you, even with regard to the processing of your personal data during browsing operations. If you decide to access any one of the Other Websites to which a link is provided on the Website, you do so at your own exclusive risk.

You must, therefore, pay attention when connecting to Other Websites, via links found on the Website, and carefully read their terms of use and privacy regulations.

6. Miscellaneous

These General Terms of Use are regulated by Italian law.

For any communication relating to the General Terms of Use or for any problem identified in using the Website, please contact the Customer Service by sending an e-mail to hiphop@bindagroup.com or by calling the free phone number 800 930 970.

Online B2C Terms of Sale

Introduction

These Terms of Sale describe the online purchasing methods on the website www.hiphopwatches.it of watches, jewellery and leather goods marked by the trademark "HIP HOP" in compliance with the regulations in force on distance contracts, set out in Italian Legislative Decree no. 206 of 6 September 2005 as amended by Italian Legislative Decree no. 21 of 21 February 2014 ("CONSUMER CODE") and, for anything not provided therein, Articles 7 and 12 of Italian Legislative Decree no. 70 of 9 April 2003 (“E-commerce DECREE”).

Before making any online purchase, you are invited to read the Terms of Sale, the Right of Withdrawal, the Right of Withdrawal and the Privacy Policy carefully.

Identification of Seller

The seller is Binda Italia Srl, with registered office in 20154 - Milan, Corso Sempione, 2, Tax Code and VAT no. 05025890962, registered at the Companies Register of Milan with Economic & Administrative Index no. MI - 1790276.

Contacts

For any information, assistance or for the methods of online purchase, the warranty, withdrawal or anything else, please contact the customer service of Binda Italia Srl(CUSTOMER SERVICE) at the following e-mail address: hiphop@binfagroup.com or on FREE PHONE NUMBER 800 930 970.

Definitions

  • Customer: the individual consumer of adult age (or, if a minor, authorised by the parent or guardian) who makes the purchase for purposes not relating to any commercial, business or professional activity performed.
  • Terms of sale: all terms of sale found on the website www.hiphopwatches.it, applicable to the contractual relationship in place between the Seller and the Customer.
  • Online sales contract: the sales contract relating to the Products, entered into between the Seller and the Customer as part of a distance sales system organised by the Seller by way of electronic tools.
  • Purchase order: the Customer's purchase order in electronic format made in accordance with the procedure indicated in the Terms of Sale and which constitutes a contractual offer by the Customer to purchase the Products.
  • Institutional packaging: the boxes, price tags and commercial warranties and/or certificates of authenticity of the “HIP HOP”.
  • Products: the watches, jewellery and leather goods marked by the trademark “HIP HOP”.
  • Website: the website www. hiphopwatches.it owned by Binda Italia Srl.
  • Territory: the Italian Republic, France and Great Britain, with the exclusion of duty free zones.
  • Seller: Binda Italia Srl, with registered office in 20154 - Milan, Corso Sempione, 2, Tax Code and VAT No. 05025890962, registered at the Companies Register of Milan with Economic & Administrative Index no. MI – 1790276.

Subject of online sales contract

With the online sales contract, the Seller sells and the Customer buys the Products, as part of a distance sales system organised by the Seller by way of electronic tools on the Website.

The information contained on the Website does not constitute an offer by the Seller.

The Website does not contain all Products in the “HIP HOP” catalogue. The Products represent a selection of the articles normally available at the stores that sell the “HIP HOP” products. Not all Products described on the Website are or will be available at all stores selling HIP HOP products.

All Products are subject to availability. The Seller reserves the right at any time to vary without notice the limits to the quantities and/or types of Products that can be purchased online on the Website as well as the style, models and colours of the Products described on the Website.

The images of the Products on the Website may differ from reality by virtue of the internet browser and/or monitor used. For any information on the Products, the Customer can contact the Customer Service of the Seller on free phone number 800 165 051 or send an e-mail to hiphop@bindagroup.com.

The Products available on the website may be purchased exclusively by Customers who request delivery in the Territory.

Price

All sales prices of the Products indicated on the Website are shown in Euros.

Unless otherwise indicated, the prices of the Products include VAT and any other tax (where applicable) and they DO NOT include shipping costs and costs for additional services that may be highlighted in the product specifications.

The prices applied are those indicated on the Website at the time of the purchase order by the Customer.

The Seller reserves the right to vary without notice the prices of the Products, the shipping costs and the costs for additional services. Before sending the purchase order, the Customer is invited to check the final price indicated in the Product specifications.

Any new prices, shipping costs and costs for additional services will be applied only to purchase orders received on a date after their publication on the Website.

The Seller checks that the prices indicated on the Website are correct; however, it does not guarantee the absence of errors. Where an error is identified in relation to the price of a Product, the Seller will contact the Customer at the e-mail address provided by the same to give him/her the chance to re-confirm the Product order or to cancel it.

Product purchase process

The Customer may make purchases by following the instructions indicated on the Website as a registered user, as an unregistered user (known as guest) or by using the Facebook login and/or Google connect feature.

Before making any online purchase, the Customer must carefully read and accept the Terms of Sale, the information on the Right of Withdrawal and the Privacy Policy. The Customer is asked to print a copy of those documents and to save them or reproduce a copy of them for his/her personal use.

To purchase the Products, the Customer must enter the Products in a specific “basket”, after having read and accepted the Terms of Sale, with particular reference to the delivery costs, any costs for additional services and the information on the Right of Withdrawal, including the information on exclusion of the Right of Withdrawal in the case of made-to-measure Products or in the case of promotions, and he/she must select the desired payment method.

Before proceeding to send the Purchase Order, the Customer is asked to identify and correct any errors in data transmission.

All Purchase Orders sent to the Seller must be completed in all their parts and must contain all information required for the exact identification of the Customer, the ordered Products and the location of their delivery. The Customer is strictly prohibited from entering false and/or invented and/or made up information in the purchasing process. The personal details and e-mail address must be exclusively the personal data of the Customer and not third party or made up details.

The Purchase Order sent to the Seller is valid as a contractual offer by the Customer, manifested online and containing information on the essential characteristics of each ordered Product, the respective price, payment methods, delivery methods, shipping costs and any additional costs.

By sending the purchase order, the Customer unconditionally accepts the Terms of Sale and confirms to know and accept the further information contained on the Website cited even by way of links, including the General Terms of Use, the Privacy Policy and the Right of Withdrawal.

Upon receipt of the Purchase Order, the Seller will automatically send to the e-mail address indicated by the Customer in the Purchase Order an e-mail confirming receipt of that order - which DOES NOT constitute acceptance of the purchase order - merely confirming to the Customer that the order has been received and sent for the data verification process and the availability check of the requested Products.

The online sales contract is understood to be finalised and binding for both parties when the Customer receives e-mail confirmation from the Seller that, following the check of availability of the Product and the debit of the price, his/her order proposal has been successful and therefore accepted.

The e-mail accepting the Purchase Order will contain a reference to the Terms of Sale, information relating to the essential characteristics of the purchased Products, a detailed indication of the price of the Products and the payment methods, information on delivery costs, on costs for additional services, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the Right of Withdrawal in the case of made-to-measure Products or in the case of promotions, the address of the Seller to which to submit complaints, information on assistance services and on existing commercial warranties, as well as information relating to the shipment of the Products and the scheduled delivery date.

The Customer must check without delay the content of the communication and report immediately to the Seller any errors or omissions by sending an e-mail to the Customer Service of the Seller at the address hiphop@bindagroup.com.

In derogation of the foregoing, the Purchase Order sent by the Customer shall be understood to be invalid and ineffective, and not accepted by the Seller, where the Seller has reasonable and well-grounded reason to believe that the Customer:

  1. intends to purchase the Products not for personal reasons but for reasons related to its or other people's business or professional activity. All Purchase Orders made, in fact, must correspond to normal consumption requirements, both in relation to the number of Products purchased with an individual Purchase Order, and in the case of multiple orders relating to the same Product even where each Purchase Order includes a quantity of Products corresponding to normal consumption requirements; or
  2. uses false or made up names in the purchase process in violation of the provisions of the paragraph above entitled “Product purchase process”.

In those cases, the online sales contract will be understood not to be finalised and the Seller will send to the Customer, by e-mail, a communication certifying the non-acceptance of the Purchase Order and the lack of finalisation of the contract, cancelling any debit and/or cost charged to the Customer.
The Seller also reserves the right to process the Purchase Order partially in the case of unavailability of one or more Products ordered by the Customer. In this case, the Customer will only be charged the sum corresponding to the order partially processed.

Once the online purchase process has been concluded, the Customer must print and retain the purchase order, the order confirmation and the Terms of Sale, which, moreover, he/she will already have viewed and accepted, as a mandatory stage of the purchase, as well as the specifications of the product being purchased.

Every Purchase Order sent will be archived in the Seller's database. The Customer, where registered, may access at any time his/her Purchase Order in order to monitor its status, by connecting to the Website and accessing the section “order status” and entering in the fields provided therein the e-mail address used in the order phase and the code received in the e-mail confirmation. If the Customer is not registered, the same may obtain information on his/her Purchase Order by sending an e-mail to the Customer Service at the address hiphop@bindagroup.com indicating the code relating to the order, or by calling free phone number 800 165 051.

The Purchase Order, the Seller's order confirmation and the Terms of Sale are archived electronically by the Seller in its IT systems and the Customer may request a copy of the same by sending an e-mail to Customer Service at the address hiphop@bindagroup.com

Payments

All payments by the Customer may only be made by means of one of the following methods: credit card, prepaid credit card, PayPal, bank transfer.

Payments made by credit card or by other electronic forms are done via protected connection, directly linked to the Bank that handles and manages the "online" payment service of which the Seller is a partner. The Seller does not come into possession of the credit card details of its Customers and it may not be deemed liable for any fraudulent uses of the card. Those details are received directly and exclusively by the banks that authorise the payment, proceeding only to communicate the outcome to the Seller.

When paying by PayPal, the Customer must follow the procedures found on the PayPal website. The amount relating to the order will be debited from the Customer's PayPal account upon receipt of the order by the Seller. For each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail directly from PayPal. If the order is subsequently cancelled, the amount refunded will be credited to the Customer's PayPal account and the Seller cannot be held liable for any damages, direct or indirect, caused by delays in the release of the amount by PayPal.

In the case of payment by advance bank transfer, the Customer must indicate the “IBAN” code set out in the Purchase Order as well as the order number.

Where, for any reason, the debit of the sums due from the Customer is found to be impossible, the Seller will send to the e-mail address indicated by the Customer a communication of non-acceptance of the purchase order. The purchase process will automatically be cancelled and the online sales contract will be deemed not to be finalised.

Any refund to the Customer will be credited by way of the methods offered by the Seller and chosen by the Customer.

The Seller will send a notification e-mail once the refund has been made to the e-mail address indicated by the Customer in the Purchase Order.

Invoicing

For each Purchase Order, the Seller, if requested by the Customer, will issue the respective invoice based upon information provided by the Customer in the purchase order. No change to the invoice will be possible after its issuance. The invoice, where requested, will be sent to the Customer once the payment has been collected, in electronic format in accordance with Italian Presidential Decree 445/2000 and Italian Legislative Decree 52/2004.

Delivery timescales and methods

The Seller proceeds to send the Products to the Customer by way of its trusted couriers from Monday to Friday, excluding Saturday, Sunday and public holidays.

The delivery timescales in Italy are on average two working days, four for abroad. For made-to-measure Products, as referred to in the paragraph below entitled “Made-to-measure Products”, the delivery times may be longer. The stated delivery timescales are purely indicative.

Subject to cases of force majeure or unforeseeable events, the delivery timescales, in accordance with the provisions of Article 61 of the Consumer Code, do not exceed 30 days commencing from the day after that of transmission of the Purchase Order to the Seller, except where the Seller communicates - within the same timescale or by the last date agreed for the delivery, even by e-mail - the temporary impossibility of delivering the same. In that case, the Seller will proceed to refund any sums already paid by the Customer for payment of the invoice.

The Products may be delivered at different times when purchasing Products belonging to different product categories through a single Purchase Order.

If the details of the Customer are incomplete or in any case inexact (making it impossible to deliver the Products), the Seller, before processing the order, will contact the Customer at the contact details indicated by the same.

At the time of shipment, the Customer will be sent a shipment confirmation e-mail, together with a “tracking number” which will allow him/her to monitor the delivery status on the courier's website.

By activating the “last mile” option, the Customer is given the possibility of receiving a second notification e-mail of the arrival of the shipment directly from the courier.

The delivery of the Products will be made to the address indicated in the Purchase Order exclusively in the presence of the Customer or his/her officer, provided that they are an adult, who must sign the delivery documents for the Products.

Deliveries will not be made to mail boxes.

Upon delivery of the Products by the courier, the Customer or his/her officer is required to check that:

  1. the number of packages delivered corresponds to what is indicated in the transportation document (DDT);

  2. the packaging is intact, undamaged, not wet or in any case altered, even in the sealing materials. Any damages to the package and/or to the Product or the lack of correspondence of the number of packages or the indications must be disputed immediately in writing by the Customer or by his/her officer on the transportation document in the dedicated space. In that case, the Customer or his/her officer must reject the damaged goods without opening the package and the Seller, once the damaged package is received, will send a new shipment of the ordered Product. This is without prejudice, in any case, to the right of withdrawal of the Customer set out in the paragraph below entitled "Right of Withdrawal".

Once the transportation document is signed without the Customer or his/her officer having raised any dispute, the Customer may not bring any dispute in relation to the external characteristics of the delivered package.

If the Customer rejects the package containing the Products, this will be considered as a withdrawal by the Customer from the online sales contract in accordance with Articles 52 et seq. of the Consumer Code and the Seller will be entitled to retain from the refund due to the Customer the costs of return. The refund thus determined will be credited by way of the payment methods chosen by the Customer in the Purchase Order, promptly and at most within 14 days from the return of the package.

Made-to-measure products

The Customer has the opportunity of having the bracelet of the watches made-to-measure. In that case, the Customer must follow the procedure indicated on the Website and must indicate the wrist measurement in the specific section provided in the product specifications.

In the case of made-to-measure products, the shipment times set out in the paragraph above entitled “Delivery timescales and methods” may exceed four working days.

The right of withdrawal referred to in the paragraph below entitled “Right of Withdrawal" is EXCLUDED, in accordance with Article 59, Paragraph 1, Letter c) of the Consumer Code, as they are made-to-measure Products.

Right of Withdrawal

Except for the case of made-to-measure Products referred to in the above paragraph entitled “Made-to-measure products”, the Customer, without specifying any reason for the same and with no penalty, is entitled to withdraw from the online sales contract in accordance with Article 52 et seq. of the Consumer Code within the term of 14 days from receipt of the Products by the Customer.

The Customer is invited to read the information on the Right of Withdrawal carefully.

Once the Customer has sent the return request within the term indicated above as a registered user, or if not registered, as a guest, the same will receive, by e-mail, authorisation from the Seller for the return containing instructions for sending the goods, the return code (RAN) as well as, in attachment, the return authorisation form in pdf format already completed, which the Customer must print in duplicate copy and apply to the outside and inside of the package. The Customer must return the Products to the Seller within the next 14 days, together with the return authorisation form, sending them to the address indicated in the return authorisation.

In order for the right of withdrawal to be validly exercised, the Products, together with the Institutional Packaging, must be returned to the Seller to the address indicated in the return authorisation, within 14 days from receipt by the Customer of the return authorisation, together with, where issued, the purchase invoice and the return authorisation of the Seller, intact, unworn, unused, undamaged and in the original packaging.

The Customer is responsible for any reduction in value of the Products resulting from any tampering with the goods other than what is necessary to establish their nature, characteristics and operation.  

The Products, with their Institutional Packaging, must be sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept Products from the same order, returned and sent at different times.

The shipping costs will be charged to the Customer

In no case will packages be collected with cash on delivery or by way of carriage forward.

The Customer is advised to ship the Products to be returned, with their Institutional Packaging, insuring the entire amount of the goods and taking care to receive a shipment number allowing for the shipment to be tracked. The Seller will not be liable for any refund or compensation relating to Products and Institutional Packaging sent by the Customer but that has never been received by the Seller due to loss, theft or damage not attributable to the same.

If the methods and timescales for exercising the right of withdrawal are respected and if the Products, together with the Institutional Packaging, are returned intact, unworn, unused and undamaged in the original packaging, the Seller will refund to the Customer all sums indicated in the Delivery Order (price, shipping costs, any costs for additional services) within the maximum period of 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Customer.

Right of withdrawal in the case of promotions

In the case of promotions involving the possibility, against the purchase of a Product, of receiving the gift of another Product or purchasing it at a reduced price, the return of the Product subject to promotion will involve, at the Customer's discretion:

  1. the return also of the second gift Product or Product purchased at reduced price, or

  2. the purchase of the second Product at full price. In the latter case (letter b), the Seller will be entitled to retain from the sum to be refunded to the Customer the price or price difference of the second Product.

Legal warranty of Products

For any defect of conformity existing upon delivery of the Products, the Customer, in accordance with the provisions of Article 130 of the Consumer Code, will be entitled to the restoration at no cost of the conformity of the Product by way of repair or replacement or, where this is not possible, a reduction of the purchase price or termination of the online sales Contract.

The Seller is liable for defects of conformity where the same manifest within a period of two years from the delivery date of the Product. The Customer must, however, report the defect of conformity within the term of two months from its discovery, by sending an e-mail to the Customer Service at the address hiphop@bindagroup.com indicating the code relating to the order and the problem identified, attaching, where possible, some photos of the same. The Customer may also call free phone telephone number 800 165 051.

The Seller will contact the Customer to organise the collection of the Product.

The Seller reserves the right to check the existence of the reported defect and to perform the repair or replacement only after that check.

If, following that check, no defect of conformity is found, the Seller reserves the right to charge to the Customer the costs of verification, restoration and transportation.

For the commercial warranties, where existing, the Customer is invited to read carefully the respective certificates delivered with the Products. 

Liability of the Seller

The Seller will not be liable for any disservice attributable to causes of force majeure of any nature and type, where it is unable to implement the requested supply in the agreed timescales provided by the Terms of Sale. Causes of force majeure include, but are not limited to, measures of the Public Authority, strike of its employees, employees of third party companies or employees of the couriers or carriers used by the Seller, as well as any other circumstance that is beyond the control of or independent from the latter.

The Seller, except in the case of wilful misconduct or gross negligence, will also not be liable for any disservice or malfunctioning related to use of the internet network out of its control or that of its sub-suppliers and it may not be deemed liable in relation to damages, losses and costs incurred by the Customer following the lack of implementation of the online sales contract for reasons not attributable to the same, with the Customer only being entitled to the full return of the price paid and any accessory costs incurred.

If the Customer is unable to view part or all of the Website, no charge or liability may be attributed to the Seller, with the Customer being responsible for equipping itself autonomously with devices and programmes suitable for connecting to the internet network.

The Seller will do its utmost to ensure that the contents of the Website are updated; however, it cannot be excluded that errors and/or inaccuracies may occur (typing errors, inaccuracies or omissions, for example, relating to the price, Product availability and Product specifications). The Seller therefore reserves the right to correct the errors, inaccuracies or omissions even after the Purchase Order has been sent and it also reserves the right to change or update the information at any time without prior communication.

Privacy

In order to be able to proceed with registration, with the sending of Purchase Orders and thus with the finalisation of the online sales contract, the Customer is asked to provide some personal data. The Customer acknowledges that the personal data provided will be registered and used by the Seller, in compliance with and in respect of the regulations set out in Italian law, Italian Legislative Decree no. 196/2003 as amended and supplemented - Privacy Code, to implement each Purchase Order and, subject to the Customer's consent, for any marketing purposes as indicated in the specific Privacy Policy provided to the Customer via the Website at the time of registration.

The provision of data is necessary for the finalisation and implementation of the online sales contract; any failure to provide it will not allow for the finalisation and/or implementation of the online sales contract.

For any further information on the methods of personal data processing, the Customer is invited to read carefully the Privacy Policy.

Changes to Terms of Sale

The Seller reserves the right to change the Terms of Sale at any time. The Customer will be subject to the new terms of the Terms of Sale in force from time to time when making the order, except where the changes to the Terms of Sale were required by law or by the relevant authorities (in which case they will apply also to the orders in progress). If any provision of the Terms of Sale is deemed to be invalid, void or for any reason inapplicable, that condition will not prejudice the validity and effectiveness of the other provisions.

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Complaints

Any complaints may in any case be sent to the Seller to the following address: Binda Italia Srl, Corso Sempione, 2 - 20154 Milan, for the attention of the E-commerce Department or by e-mail to the address hiphop@bindagroup.com.

Right of Withdrawal

You are entitled to withdraw from the contract, without indicating the reasons, within 14 days from when you or your officer enters into physical possession of the Products. The withdrawal period expires after 14 days from the day on which you or your officer, other than the carrier, acquired physical possession of the goods.

How to make a return

  1. Request your Return Authorisation Number (RAN) directly from the “Your Orders” section within your personal area or, if you are not registered to the website, from the “guest order return” link found at the bottom of the website.

  2. Customer Service will send you a confirmation e-mail with the Return Authorisation Number (RAN) as well as, in attachment, the return authorisation form in pdf format already completed, which you must print in duplicate copy and apply on the outside and inside of the package. You must return the Products to the Seller within the following 14 days, together with the return authorisation form, sending them to the address indicated in the return authorisation.

To comply with the terms of withdrawal, you just need to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. The Products, if already delivered, must be returned without undue delays and in any case within 14 days from the day on which you received confirmation of the return. The deadline is respected if you return the Products before the expiry of the 14 day period referred to above.

Effects of withdrawal

If you withdraw from an online sales contract, you will be refunded all the payments you have made to us, including delivery costs, without undue delay and in any case not beyond 14 days from the day on which we were informed of your decision to withdraw from this contract. Those refunds will be made using the same payment method used by you for the initial transaction, except where you have expressly agreed otherwise; in any case, you will not incur any cost as a result of that refund.

The refund may be suspended by us until we receive the Products at our warehouse or until you demonstrate that you have returned the goods, if before. We will process the return within 5 working days from the date of delivery at our warehouse. The shipping costs for the return of the product are borne by you and the returned articles are under your responsibility until the package reaches our warehouse. You should favour a shipment that has insurance cover and that allows you to monitor the shipping status.

The returned items must be provided intact and in perfect condition, including any labels. They must not have been used and must be sent in their original packaging. You will be responsible for any reduction of value of the Products resulting from tampering with the same other than that required to establish their nature, characteristics and operation.

If you experience difficulties, you may also exercise the right of withdrawal in accordance with Article 49, Paragraph 4 by sending an explicit declaration, by post, fax or e-mail with the following wording:

Name and address of purchaser
Recipient:
Name and address of seller
By recorded delivery letter with notice of receipt (or by fax or by public certified e-mail)
Place and date
Subject: Withdrawal from order no. .......... dated........
I hereby notify you of my withdrawal from order no. ........... dated .......... , received on .......... I communicate that, in accordance with Articles 52 et seq. of Italian Legislative Decree 206/05, I intend to withdraw from the contract in question.
Signature of consumer
Privacy Policy

BINDA ITALIA SRL provides this privacy policy to you so that you may give your free and informed consent to data processing in compliance with Art. 13 of Italian Legislative Decree no. 196 of 30 June 2003 in relation to all services offered by BINDA ITALIA SRL by way of its web pages.

That policy does not, on the other hand, refer to websites that are not owned by BINDA ITALIA SRL and which can be accessed via links found on our websites. BINDA ITALIA SRL has no power of control over those websites and it therefore declines any liability in relation to your personal data processing that takes place via those websites.

This policy may be changed with a view to updating it to the regulations and any technological developments that may occur. In that case, the updated versions will be published widely on the website of BINDA ITALIA SRL.

Data processing controller

Any consultation of this website may involve the processing of some of your personal data. "Processing" of personal data means "any operation or set of operations, performed with or without the use of electronic or in any case automated tools, concerning the collection, registration, organisation, storage, processing, modification, selection, extraction, comparison, use, interconnection, block, communication, dissemination, deletion and destruction of data".

The Controller of the processing of that data is BINDA ITALIA SRL, which is based in MILAN (MI), Corso Sempione, 2, Tel. 02392451 Fax 02-39245200

Types of data processed

Browsing data

The IT systems and software procedures that ensure the functioning of the websites owned by BINDA ITALIA SRL automatically acquire, during their normal operation, some personal data relating to your browsing.

This is information that is collected exclusively to obtain anonymous statistical data on use of the website and to check its correct functioning, and that is used only within BINDA ITALIA SRL; that information could, however, by its very nature, allow for your identity to be traced, also through processing and association with data held by third parties.

This category of data includes:

  • - IP addresses of the computers used by you when using the service;

  • - the number of accesses;

  • - the pages viewed;

  • - the dates and times of access;

  • - the Url in which the browser was, prior to displaying our page;

  • - the type of browser;

  • - the operating system used.

Data provided voluntarily by you

The data provided optionally and freely by you by completing the form required to access the BINDA ITALIA SRL services, including e-commerce services, will be acquired by the latter together with your e-mail address. That data will be used by BINDA ITALIA SRL only to perform the service requested and to improve it and make it more effective, limited to the purposes for which the data was collected.

Specific summary information will be gradually identified or displayed on the website pages laid out for particular services upon request and in the terms of sale.

That data will not be disseminated or used for so-called User "profiling" activities or for direct or indirect commercial or advertising purposes.

Cookies

Cookies are small text files that are installed by a website on your browser and that record some information relating to your browsing activities; that data, if cookies are not disabled, is communicated to the website that installed them each time you return to view it.

For further information on the cookies used by the Website please read the cookie Privacy Policy policy.

Purposes of processing

The data will be processed by BINDA ITALIA SRL for the following purposes:

  1. 1. to receive newsletters and updates on the world of Breil and marketing activities

  2. 2. to receive push news by way of RSS (Really Simple Syndication)

  3. 3. to implement any purchase order relating to the e-commerce service

  4. 4. with your express consent, for marketing and statistical purposese

Methods of processing and scope of dissemination of data

The personal data held for the purposes set out above by BINDA ITALIA SRL is processed, correctly, lawfully and transparently, using automated tools.

The data stored by BINDA ITALIA SRL is intended exclusively for internal use and may only be processed by qualified personnel of BINDA ITALIA SRL in the capacity of data processing officers and/or managers or by companies that perform on behalf of BINDA ITALIA technical activities of management and maintenance of the Website or auxiliary services to those provided by the Website, such as the sending of newsletters and product shipment services. These companies are appointed as processing managers. The updated list of processing managers may be requested by sending an e-mail to infoprivacy@bindagroup.com

The data will not in any way be disseminated or communicated to other external entities, subject to obligations in that sense provided by law.

Provision of data

Apart from what is specified in relation to browsing data, the personal data that must mandatorily be provided by you is marked with an asterisk in the margin of the field found on the forms. That data is normally constituted by your name, surname and e-mail address. The provision of any other personal data requested in the forms for accessing the service is therefore optional and entirely at your discretion in that sense.

Any failure to provide personal data by you does not involve any prejudicial consequence against you except, in the case of a failure to provide mandatory data, the lack of opportunity of using the requested services.

Informed consent

Without prejudice to what is specified above in relation to browsing data, all forms found on this website, within which personal data is requested, are equipped with a specific disclaimer which refers to this document. The transmission of the form is subject to having read and accepted this document.

BINDA ITALIA SRL intends to ensure that you provide your consent to the processing of your personal data only after having gained awareness of all the rights guaranteed by law and the policy followed by BINDA ITALIA SRL in that data processing activity.

Rights of the interested party

In accordance with Art. 7 of Italian Legislative Decree no. 196 of 30 June 2003, the interested party has the right to obtain an indication:

1. of the origin of the personal data; 2. of the purposes and methods of processing; 3. of the logic applied in the case of processing performed using electronic tools; 4. of the identification details of the controller, managers and representative appointed in accordance with Article 5, Paragraph 2; 5. of the entities or categories of entities to which the personal data may be communicated or who may come to know of it in the capacity of appointed representative in the State territory, managers or officers.

The interested party is also entitled to obtain:

1. the update, rectification or, where appropriate, supplementation of the data; 2. the deletion, transformation into anonymous form or block of data processed in violation of the law, including that whose storage is not necessary in relation to the purposes for which the data was collected or subsequently processed; 3. certification that the operations set out in numbers 1 and 2 have been brought to the attention, also as regards their content, to those to whom the data has been communicated or disseminated, except where that fulfilment is found to be impossible or involves a use of means manifestly disproportionate to the protected right.

The interested party, finally, has the right to object, in whole or in part:

1. for legitimate reasons to the processing of personal data relating to him or her, even if pertinent to the purpose of its collection; 2. to the processing of personal data relating to him or her for the purposes of sending advertising material or direct sales or for completing market research or sales communications.

The rights mentioned above may be exercised at any time by sending a simple request by recorded delivery letter, fax or e-mail to the address infoprivacy@bindagroup.com for the attention of the Business Strategy & Development Director, in the capacity of processing manager appointed to reply to interested parties. The Manager will contact the applicant as soon as possible.

Information

For any information, request or clarification relating to your privacy, as well as to exercise the rights set out in the above paragraph, please write to the e-mail address: infoprivacy@bindagroup.com