Terms & Conditions of Sale - BROCHIER e-shop

The ‘Products’ manufactured by Brochier – Division of Clerici Tessuto & C S.p.A. (‘BROCHIER’) sold on shopbrochier.com (the ‘Website’) are sold and invoiced by CLERICI TESSUTO & C. S.p.A., company with registered office in Via Belvedere 1/A, 22070 Grandate (Como), Italy, listed in the C.C.I.A.A. (Chamber of Commerce, Industry, Crafts and Agriculture) of Como, with Tax Code and VAT Number 01651870139 (‘Clerici Tessuto’).
For any further information on orders, shipping, and, in general, purchases, please visit the Customer Service area. For further assistance, please contact BROCHIER Customer Service.

Acceptance of general terms of sale and termination of contract

1.1 BROCHIER offers for sale on shopbrochier.com website Products to customers, both final
consumers and professionals (the ‘Customer’).
1.2 The contract signed between BROCHIER (hereinafter the ‘Seller’) and the Customer shall be understood as terminated following the acceptance, be it even just partial, of the order placed by BROCHIER. In case of non-acceptance, BROCHIER shall promptly notify the Customer.
1.3 By placing an order following the different procedures provided, in accordance with the order form on the Website (the ‘Order’), the Customer shall examine all the instructions provided during the purchase phase and accept the general terms hereby provided in full (hereinafter the ‘Terms’).
1.4 Such Terms shall be printed or saved on a sturdy digital support, in compliance with art. 12 Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

Purchasing Method

1. Territorial Scope

BROCHIER, shall accept and process Orders for its own Products with delivery in all EU countries or with collection at the store in Milan, in via Montevido, 9.

2. Purchase on the e-commerce platform

2.1 The Products offered for sale by BROCHIER are limited to the ones present on the Website at the time the Order is placed, as described in the related information sheets.
2.2 Customers shall make their purchase by placing the selected Products in a ‘virtual’ cart (of which the Customer can always view the full content before confirming the purchase) after having carefully read such Terms, as well as the characteristics of the Products they intend to buy, and the related price and shipping costs. Where the Customers decides to continue with the order, they shall register with their own account, thus providing BROCHIER with all the data required by BROCHIER, in accordance with the applicable data protection law. Such data are required by BROCHIER to properly manage the Order placed.

3. Prices and Payment methods

3.1 The prices indicated on the Website are VAT inclusive. Any additional taxes, shipping costs, customs duties shall be notified to the Customer when checking out.
3.2 The payment of the order placed shall be made using electronic money on a VISA – Mastercard PayPal platform.
3.3 In case of payment by credit or debit card, the financial information (including, but not limited to, card number and/or expiry date) shall be immediately sent through cryptographic protocol to the bank providing such remote electronic payments, without third parties in any way knowing them.
Furthermore, such information shall be used by the Seller for the sole purpose of following up the purchase, or for the refund procedure in case of return, following the exercise of the right of withdrawal, or for the purpose of reporting to the police fraud commission, if any.
3.4 In no event and at no stage of the payment shall BROCHIER know the information related to the credit cards used by the Customers, which will be directly transmitted to the website of the bank managing the transaction through secure transmission. BROCHIER shall not store such data in any computer database and therefore, under no circumstances it shall be held liable for any fraudulent and improper use of credit cards by third parties at the time of the payment.
It will also be possible to pay the Order by bank transfer no later than 30 days after the date the order was placed. After such period, the order will be cancelled due to non-payment.
For any further questions, please contact BROCHIER Customer Service.

4. Order receipt

4.1 The correct receipt of the Order shall be confirmed by means of a copy of such Order sent to the e-mail address communicated by the Customer.
Such confirmation shall contain all the data given by the Customer. By placing an order on shopbrochier.com the Customer declares to have read the Terms of Sale and payment methods of the whole purchasing procedure and to accept them.
4.2. Brochier custom-made Products are the result of skilled craftsmanship and attention to details.
Should there be any shipping delay due to the possible unavailability of raw materials or reasons beyond Brochier’s control, the Customer will be promptly contacted by Brochier’s staff and, with its assistance, the Customer will decide whether to wait or replace the selected Product with another Product of equal value or, in case the Product has already been paid, to be refunded.

5. Invoicing

For each Order placed and after the registration of the payment, BROCHIER shall issue an invoice for the goods sent. The hard copy of the invoice shall also be used for possible customs requirements and in any case sent by e-mail to the invoice holder, pursuant to ex art. 14 Presidential Decree 445/00 and Legislative Decree 52/2004.
The data provided by the Customer during the registration of their account or during the filling in/confirmation of the ‘invoicing and shipping’ field at the time of the Order shall be indicated in the invoice and shall not be changed after issuing such invoice.

6. Shipping

6.1 All the Orders placed on our e-commerce platform shall be delivered by courier within 2 weeks from the payment of the Order. For Orders above 200.00 euros (two hundred euros/00), transport costs shall be free of charge. For Orders below 200.00 euros (two hundred euros/00), the shipping costs shall be charged to the Customers. The aforementioned costs are available on the Shipping Costs page.
6.2 The delivery times of the Products may also differ with respect to what is specified on the site, for reasons not attributable to BROCHIER and not within BROCHIER’S control. Upon the delivery of the Products, the Customer shall sign the delivery note after having duly checked:
– 6.2.1 that the number of packages to be delivered corresponds to what stated in the transport document;
– 6.2.2 that the packaging is intact, undamaged, not wet nor in any way altered even with reference to the securing materials (adhesive tape or metal straps).
6.3 Any possible damage to the packaging and/or the Products or non correspondence with the number of packages or the indications, shall be immediately notified by placing a specific indication on the delivery document of the Products to be returned to the courier.
6.4 Any possible problem related to the physical integrity, correspondence or completeness of the Products received shall be reported within 7 days from the delivery to allow BROCHIER to proceed with the appropriate checks. What stated above does not affect in any way the right of withdrawal or the Product warranty.

7. General information on BROCHIER Products and limitations

7.1 Registered Customers may purchase the items present on BROCHIER e-commerce platform at the time the Order is placed. The images of the colours available for each item may vary from the actual colour of the item shipped due to the different colorimetry of the source on which they are seen and chosen by the Customers (and also due to the browser and the monitor used to access to the Website and the displaying of the images), as well as due to the specific features of the item on the catalogue. BROCHIER ensures a compliant tolerance level that does not compromise the choice made.
7.2 The technical data provided with the information sheet and each item are complete and exhaustive of its features and in compliance with current legislation. For any doubts or further information, the Customer can contact BROCHIER Customer Service before confirming the Order.
7.3 Due to logistics reasons, the maximum order quantity is nr. 10 (ten) pillows. Should the Customers need a higher number, they can contact BROCHIER Customer Service.
7.4 The type of packing to be used for the shipping and the packaging method for the items ordered shall be chosen according to BROCHIER unquestionable decision.
7.5 Each Product shall be provided with fabric label containing the washing instructions and the composition of the fabric/s.

8. Data protection

8.1 BROCHIER reserves the right to store the data of each Order placed and the related addresses of the Customer for the purpose of a proper execution of the order also through their transmission to the business partners involved in the various management phases (payment, logistics management, customer, care, after sales assistance, etc.).
8.2 The data storage and processing shall in any case comply with BROCHIER, Division of Clerici Tessuto & C S.p.A. data protection and use policy available on its Website. Any further processing shall be carried out upon the Customer’s explicit consent.

9. Applicable law

9.1 The sales contract under these Conditions and its related performance is regulated by the Italian law, with exemption from conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The settlement of the related disputes shall be subject to the jurisdiction of the municipality of residence of the Customer, where they are European Final Consumers. Whereas, where the Customer is a Professional Customer, the aforementioned disputes shall be subject to the jurisdiction of Como.
This is without prejudice to the possibility for the European Final Consumer Customer to resort to other dispute resolution bodies, in line with applicable law as per Legislative Decree 21 of 21st February 2014, as well as with the ODR (Online Dispute Resolution) platform provided by the European Union available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

10. Amendments and updates

10.1 These General Conditions of Sale can be amended from time to time, also following possible changes in regulations. The new General Conditions of Sale shall be in force from the date of their publication on the Website.

Returns Policy and right of withdrawal

In confirmation of its transparency and Customer satisfaction policy, BROCHIER accepts and fully applies the European legislation and the related national transpositions regarding returns and withdrawals. The applicable law differs between (European) Final Consumer and Professional Customer.

1. Definition of Final Customer-Consumer and Professional Customer

The European Final Customer-Consumer (‘Consumer’) is the natural person purchasing goods for purposes not related to his/her professional activity and who, therefore, i) does not provide his/her VAT Number in the Order form and (ii) resides in a EU Country at the time of the Order.
The Professional Customer (‘Professional Customer’) is the individual providing his/her valid VAT Number (‘VAT Number’) of their country of residence when registering their account on the website or when providing their invoice details at the time of the purchase of BROCHIER Products, or, in the absence of the aforementioned VAT Number, is the individual registering as ‘company’ during the creation of the account.
Natural persons residing outside the European Union shall be processed as Professional Customers for the purposes of the return and complaint handling procedures.

2. Customer – European Final Consumer

In accordance with European Directive 2011/83/EU, implemented in Italy by Legislative Decree 21 of 21st February 2014, the Consumer has the right to withdraw from the purchase contract for any reason, with no further explanation needed.

The Consumer shall return the goods within 14 working days from the date of withdrawal and, in case of compliance/integrity of the goods returned, shall be reimbursed in full.
The only cost the Consumer-Customer shall incur is the shipping and packing cost for the return of the Product.
The Consumer is, and shall be, solely responsible for any decrease in the value of the purchased items resulting from handling them other than that necessary exclusively to establish the nature, characteristics and general compliance of what has been purchased.
In order to establish the nature, characteristics and compliance of the items with the Consumer’s needs, the Consumers shall only handle and inspect them in the same way they would be allowed to do in a traditional sales channel (e.g. store). Hence, during the period needed for the implementation of the withdrawal procedures, the Consumer shall handle and inspect such items with due care.

Procedure for the withdrawal right reserved to the Consumer

The withdrawal right shall be exercised by the Consumer within no more than 14 days from the date of receipt of the goods purchased. The Consumer shall notify BROCHIER of their intention to exercise the right of withdrawal by registered letter, with return receipt, fax, e-mail to the address shop@brochier.it [∙];
in the withdrawal notification the Return Identification Number shall be specified: such number can be requested by sending an e-mail to the Customer Service shop@brochier.it;
upon BROCHIER’S receipt of the notification about the intention to execute the right of withdrawal from the purchase contract, the Customer Service shall directly contact the Consumer by e-mail to confirm the acceptance of the request and authorize the shipping of the packages containing the goods to be returned;
within 14 days from the date of written acceptance of BROCHIER’s withdrawal, the Consumer shall send the product/s to be returned by trusted courier/logistics. The Consumer shall bear the shipping costs. It is hereby further reminded that the responsibility for the Product during the return shipment will be entirely borne by the Consumer;
BROCHIER shall reimburse any payment received from the Consumer, including, where applicable, initial shipping costs, without undue delay and in any case within 14 days from the date of the receipt of all the goods included in the Order subject to the withdrawal request at its warehouse or in the event of non conformity of the return with a corresponding decrease in value. BROCHIER shall reimburse the Consumer by bank transfer, unless otherwise agreed, and provided that the Consumer shall not bear any cost as a consequence of the aforementioned reimburse.

Limitations to the Consumer’s right of withdrawal

Customers who provide their VAT number as invoice data during the registration of their account or when confirming their purchase Order shall not exercise their right of withdrawal. Such Customers, indeed, shall not be considered as Consumers.
The right of return/withdrawal shall not be exercised on only a part of the items purchased or a part of the total Order, but only on all the items included in the Order.
The right of return/withdrawal shall not be exercised in case of changes of the original state of the Products compared to the one at the time of the receipt of the order (e.g. the fabric was cut, sewn, etc.).
The right of withdrawal shall not be exercised where the original packing, all the items supplied with the goods or the product purchased and/or any other thing in the original package sent are not present (Tag included).

Pursuant to art. 14 of EU Regulation 524/2013/EU, Consumers residing in the EU can also resort to the ODR (Online Dispute Resolution) platform provided by the European Union for the settlement of possible disputes and litigations.
The ODR European platform is now available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm.

Complaint management due to faultiness

BROCHIER, with the aim of ensuring the best satisfaction of its Customers, shall fully apply the principles of the European Directive 2011/83/EU, implemented in Italy by the Legislative Decree of 21st February 2014.
Where the Consumer notices any fault or flaw of the goods purchased in the warranty period covered by the regulations of the European Directive above mentioned, the Consumer shall notify such fault and request the complete replacement of the item/product or, as an alternative, the fixing/elimination of such faults or flaws within 60 (sixty days). BROCHIER undertakes to agree on other possible solutions with the Consumer (credit note, replacement with a similar product, etc.).
The faults/flaws of the goods purchased shall be notified by written communication to BROCHIER Customer Service to the e-mail address shop@brochier.it, attaching a photo of such fault where possible in order to facilitate the management by the competent department.
BROCHIER shall apply the same principles above mentioned also in case of hidden faults of the goods purchased (e.g. colour fading/change due to specific environmental conditions, deterioration of the fabric quality, etc.).
BROCHIER Customer Service shall directly contact the Consumer as quickly as possible by e-mail to confirm the acceptance of the request and authorize the shipping of the package containing the goods to be returned providing the Return Identification Number. The shipping shall take place within 7 days from the date of the return authorization.
The Consumer can choose how to fix/eliminate the fault/flaw noticed and later notified, except where the method chosen is objectively impossible to apply or too expensive compared to the other; in any case BROCHIER shall agree on other possible solutions with the Consumer (credit note, replacement with a similar product, etc.).
Where the defective item is returned, the goods shall be carefully packed in order to avoid damage during shipment, using the original package where possible. The defective item shall be complete with everything originally sent. The costs for shipping the defective goods to be returned shall be borne by BROCHIER. For any further information, please contact BROCHIER Customer Service.
Where the Product purchased is visibly faulty, no return shall apply in case of modifications to the original state of the Product compared to the one at the time of the receipt of the Order. In case of hidden defects, instead, such clause shall not apply.
Upon receipt of the goods, BROCHIER shall verify the integrity of the package and the conformity of the goods inside, including the presence of all the accessories provided with the original Product (labels, seals, etc.). Where there is no correspondence or the return procedures are not followed by the Consumer, BROCHIER shall immediately notify him/her for the assessment of the matter.

3. Professional Customer

Professional Customers are those who, during the registration of their account on the Website or when providing their invoice data for the purchase of the items, submit a valid VAT Number.
Professional Customers shall exercise their right of return solely and exclusively in case of assessed and verified issues related to the quality of the goods purchased.
With regards to the tables of defects please refer here.

Given the specific nature of each item, complaints related to faults and hidden defects (e.g. colour fading in specific environmental conditions, etc.) shall be taken into account if notified to BROCHIER within 3 (three) months from the date of delivery of the goods.

Complaints on visible faults and defects (e.g. holes, tears, fabric not of a uniform colour, visibly faulty prints, etc.) shall be take into account if notified to BROCHIER within 7 (seven) days from the date of delivery.

Complaint management

In order to proceed with the return procedure due to visible faults of the goods, Professional Customers shall send a notification of ‘non-compliance’’/fault by written communication to BROCHIER Customer Service to the e mail address shop@brochier.it, specifying the type of fault identified and the references to the item being reported, adding as many details as possible.
In order to make the return management procedures easier, where possible, the Customer shall attach photos of the faults identified.
BROCHIER Customer Service shall take charge of the notification sent in the shortest time possible, in any case within 3 (three) days, and contact the Professional Customer in order to manage it and, if necessary, provide the Return Identification Number that is mandatory for shipping.
Once received the Return Identification Number, the Professional Customer can ship the goods notified no later than 7 (seven) days from the date of the return written authorization.
Where the Product purchased is visibly faulty, no objections and/or claims shall be considered in case of variation of the initial state of the Product compared to that of the receipt of the Order. In case of hidden faults, instead, such clause does not apply.
The return shipping costs shall be borne by BROCHIER, the goods shall be carefully packed in order to avoid possible damages during the shipping. Where possible and/or available, the original packing shall be used and the product/s shall be shipped complete with everything originally sent . For further information, please contact the Customer Service.
Upon receipt of the goods, BROCHIER shall verify the integrity of the package and the conformity of the goods inside, including the presence of all the accessories the original product was provided with. Where the product does not correspond or the return procedures are not followed by the Professional Customer, BROCHIER shall immediately notify him/her for the assessment of the matter.
BROCHIER shall carry out a technical analysis – fabric quality control and in case of verification of the faults noticed BROCHIER shall replace the same number of items received and verified during the technical analysis. Where the item/product to be replaced is not available, the Customer Service should contact the Professional Customer in order to find an alternative solution for the issue (credit note, replacement with similar item, etc.).
The shipping costs of the goods replaced shall be borne by BROCHIER.

Legal notes

Any dispute between Professional Customers and BROCHIER shall be subject to the jurisdiction of Como.