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General terms and conditions of sales

 

The present General Terms and Conditions apply to the sale of products on the www.brooksfield.com website.

 

Any products purchased from Brooksfield.com are sold by Brooksfield through the company Beta S.p.A. Strada Antica per Benna, 1, 13871 Verrone - BI, Biella Company Register  and Tax Code 06102960157, P. VAT no.  IT 01459540025, share capital EUR 517,000.00 fully paid up (hereinafter referred to as: "Brooksfield" or the  “Seller”).

For any information on orders, shipping, refunds or returns of products purchased online on Brooksfield, please visit the Customer Service area on the website, or contact us by e-mail: customercare@brooksfield.com

For any further legal information, please visit: Privacy Policy and section 7 of the present conditions regarding the right of withdrawal

 

1. Method of sale

 

1.1 The Sellers provides the products for sale on Brooksfield.com website and carries out its e-commerce business for its own end users who are “consumers”, as defined in art. 1.2 below.

1.2 The term “consumer” refers to a natural person who is visiting the Brooksfield.com website, and is acting  for purposes which are outside his/her trade, business or profession. If you are not a “consumer” as defined herein, we invite you not to buy any products from Brooksfield.com.

1.3 In consideration of its business policy, Brooksfield.com reserves the right not to process orders received from parties other than the “consumers” and any other order not in compliance with its business policy. 

1.4 The present Terms and Conditions of Sale exclusively apply to the offer, transmission and acceptance of purchase orders for products on Brooksfield.com between Brooksfield.com users and the Seller.

1.5 These Terms and Conditions of Sale do not apply to the supply of services or sale of products by parties other than the Seller that are on Brooksfield.com through links, banners or hyperlinks. Before sending orders and purchasing products or services from third parties other than the Seller,  we recommend you to verify the third parties’ sales conditions, since the Seller shall not be liable for the supply of services provided by parties other than the Seller or for the execution of e-commerce transactions between third parties and Brooksfield.com users.

 

2. Conclusion of the contract

 

2.1 To place an order for the purchase of one or more products on Brooksfield.com, you must fill in the order form in electronic format and send it to the Seller e-mail, following the instructions given on the website. 

2.2 The order form contains a link to the General Terms and Conditions of sale, information on the main features of each product purchased and its price (inclusive of all applicable taxes or duties), the type of payment you may use for each product purchased, shipping and delivery terms and costs for the purchased products, a link to the conditions  regarding the exercise of the right of withdrawal and the terms to return the purchased products.

.3 The contracts is deemed to be concluded when the Seller receives, by telematic link, the order form, subject to check of the order data for correctness.

2.4 Before purchasing the products, by sending the order form, you will be asked to carefully read the General Terms and Conditions of Sale and the Information on the right of withdrawal; we recommend you to save a copy thereof on your PC or to print it for personal use.

2.5 The order form will be stored in our database for the time necessary to perform the orders and within the terms provided for by law. If you have consented to register with Brooksfield.com, you shall have access to your order form in the link “My orders” within your personal account.

2.6 Prior to sending your order, you will be asked to check the entered data for any error.

2.7 The languages available to place an order with the Seller are Italian and English.

2.8 After the contract has been concluded, Brooksfield will process the purchase order.

2.9 Brooksfield may not process purchase orders, when no sufficient solvency guarantees are provided, when the orders are incomplete or incorrect or the products are not available. In such cases, you will be informed by e-mail that the contract has not been executed along with the reasons thereof.
Should the products offered on Brooksfield.com no longer be available or for sale at the time of your last access to the website or at the time of sending your order form, so the Seller will opportunely inform you, and in any case within thirty (30) days from the day following your order transmission to the Seller, of any unavailability of the products ordered. If you have already sent your order form and paid the price thereof, the Seller shall refund you the amount already paid.

2.10 By e-mailing the order form, you expressly accept and undertake to comply with these General Terms and Conditions of Sale. Should you not agree with one or more provisions thereof, please do not send any order form for the purchase of products from Brooksfield.com.

2.11 By submitting an order form, you confirm to know and accept the General Terms and Conditions of Sale and any and all information contained in Brooksfield.com, also referred to through links, including the Privacy Policy and the Information notice on the right of withdrawal.

2.12 After having made a purchase on the Brooksfield.com website, you will receive an e-mail confirmation of your purchase order to the mailbox provided by you in the registration form.

2.13 Please be aware that the product you are buying shall be intended exclusively for the country in which you are placing the order; therefore, if you decide to place it in another country, you shall be responsible for its export and for the compliance with the rules and restrictions applicable to both the export from the country in which you have bought the object and the import to another country. Brooksfield shall not be held responsible in relation to it.

 

3. Protections and prices

 

3.1 Brooksfield.com offers for sales top quality sportswear items. These products are of its own production or directly purchased by the Seller.
 
3.2 The main characteristics of the products are described in the  product specifications on Brooksfield.com. The images and colours of the products for sale on Brooksfield.com might differ from the real ones.

3.3 Products’ prices may be subject to changes and updating. Please check the final sales price before submitting your order form.

3.4 Brooksfield.com delivers exclusively to the countries specified in the website.

3.5 All products are equipped with an identification label fixed with a single-use seal. Label and seal are an integral part of the product and they must not be removed, for the purposes of exercising the right of withdrawal.

3.6 When exercising your right to withdraw, the Seller may not accept the return of products without ID label, products that have been altered in their qualitative and essential features or have been damaged.

 

4. Payment

 

4.1To pay the price of the product and relevant shipping and delivery costs, please follow the instructions given in the order form. 

4.2 When paying by credit card, the financial information (like number of credit/debit card, expiry date, etc.) will be handled, via encrypted protocol, by Banca Sella or other bank institutes, which provide the relevant remote e-payment service with no possibility of access to such data by the Seller or other third parties. The Seller will use the services of Banca Sella, without disclosure of financial information, also to complete the procedures relating to your purchase and to send refund for returned products as a result of the exercise of your right of withdrawal. Your information may be transmitted to the police or the competent supervisory authorities when it is required to prevent frauds from being perpetrated on Brooksfield.com and to report to the police. The purchase price for the products and the shipping and delivery costs, as indicated in the order form, will be charged to your credit card at the time of shipping the products purchased.

 

5. Shipping and delivery of products

 

Brooksfield.com will ship exclusively to the countries selectable when filling in the order form.
The customer has the obligation to specify the order delivery address selecting the destination country and province from those proposed by the system. Brooksfield.com does not ship to countries and provinces that are not selectable
For details on the methods of shipping and delivery of the products, please access the Shipping link inside the Customer Service Area. You are invited to carefully read the contents of this section, because the instructions therein are an integral and essential part of the General Terms and Conditions of Sale and therefore, they are deemed to have been fully read and accepted by you at the time of sending your order form.

 

6. Customer assistance

 

For any information you may apply to our assistance services, by contacting the Customer Service via e-mail. For more details, access the Customer Service area. 

 

7. Right to withdraw

 

7.1 Should you, for any reason, not be satisfied with your order, so you are entitled to exercise your right to withdraw, without penalty, within fourteen (14) work days from the day of receipt of the products purchased from Brooksfield.com. The products to be returned shall be delivered to the carrier service within fourteen (14) work days from their receipt. To return the products by shipping the parcel, please fill in the online return section in your customer area or after having e-mailed us your data for return authorization. Brooksfield will propose you the parcel collection by its own carrier; in such cases the shipping costs will be deducted from the refund. As an alternative, you may choose another carrier and directly pay for the shipping costs.

7.2 Any improved conditions published on our website in relation to the right of withdrawal will have priority over the provisions laid down in the preceding art. 7.1.

7.3 The right of withdrawal shall be considered as properly exercised provided that the following conditions are met: 

a. the request for return must be sent to Brooksfield by and within fourteen (14) work days from the delivery date. The Return Form can be found on the website in your customer area and, after having correctly submitted the request, you will receive receipt confirmation of the request of withdrawal by e-mail. The request for return (not the products to be returned) may also be sent by registered letter and within the same term, to:
     Brooksfield.com - Beta S.p.A.
     Strada Antica per Benna, 1, 13871
     Verrone (BI)
or by e-mail to customercare@brooksfield.com;

b. the products to return must not have been used, worn, washed or damaged;
c. the ID label must be attached to the product with the single-use seal;
d. the products must be returned in their original package;
e. the returned products must be delivered to the carrier within fourteen (14) work days from the date of their receipt.

7.4 Provided that all the conditions above have been fulfilled, Brooksfield.com will reimburse you for the price of the purchased products, including the delivery costs, while the return expenses will be entirely at your charges, that is the expenses of returning the purchased products to  Brooksfield. Please note that we may withhold reimbursement until we have received the goods. If, when compiling the return form you decide to use the carrier proposed by Brooksfield for returning the purchased products, you shall not have to personally pay the return costs which will be paid by Brooksfield.com on your behalf; Brooksfield will withdraw from the refund an amount equal to the costs born for the delivery of the purchased products to your address. On the other hand, if you decide to use a different carrier, you will directly pay for the return shipping costs.

7.5 You will only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. We remind you that the right of withdrawal is applicable only under the aforementioned conditions.

7.6 You will be contacted whether your return cannot be accepted due to non-compliance with the conditions above. In this case, you may choose to have the purchased products back entirely at your expenses. If you refuse to accept this delivery, Brooksfield.com reserves the right to withdraw the products and the amount paid for the purchase of the products.

 

8. Refund terms and conditions

 

8.1 After Brooksfield.com has received your return and checked whether all requirements have been met, you will receive an e-mail for acceptance of your return. Regardless of any type of payment you chose (credit/debit card, Paypal, cash payment on delivery), Brooksfield.com will activate the reimbursement without undue delay  and in any case by and within fourteen (14) days from the day on which we are informed of your decision to withdraw from this contract, after checking that your withdrawal has been made under the provisions above. We remind you that we may suspend the reimbursement until we have received the goods.

The actual time required for crediting or refunding the amounts you paid for the purchase of the products, depends on the types of payment used:
- purchase by credit/debit card: the time required to view the refund depends on the bank institute that issued the card. Please note that the value date of crediting shall be the date in which Brooksfield.com has received and checked the goods.
- purchase by Paypal: reimbursement will be made available on your Paypal account and immediately visible. The effective reimbursement on your Paypal credit card depends on the bank institute that issued the card.
- cash payment on delivery: reimbursement will be transferred to your bank account (IBAN) given to the customer service, and depends on the correctness of the data you supplied.

8.2 All the products placed for sale on Brooksfield.com have an ID label fixed with a single-use seal, which are together an integral part of the goods. You are asked to try the item without taking off label and seal, since any returned products without these shall not be accepted.

8.3 Returned products may be shipped through the carried chosen by Brooksfield.com in which case Brooksfield.com will pay on your behalf shipping costs and will be in the position to trace your parcel at any time. Should you decide to use a carrier other than the one advised by Brooksfield.com, then you shall organize the shipment by yourself and pay directly for the return expenses; you will also be responsible for any lost or damage to products during transport.

8.4 Brooksfield.com may also decide to implement, at any time, more favourable conditions for the customer in relation to the return and costs procedures. In this case, the promotional conditions are published on the website where the user can view them prior to his/her purchase.

 

9. Privacy

 

9.1 For information on the processing of your personal data, please visit the section “Privacy”
 
9.2 For any further information on our Privacy Policy, send an e-mail to the following address: privacy@brooksfield.com or to our registered office, Brooksfield c/o Beta S.p.A. Strada Antica per Benna, 1 - 13871 Verrone - BI

 

10. Applicable law and jurisdiction

 

These Terms and Conditions of sale are governed by the Italian Law and specifically by the Legislative Decree no. 206 of 6 September 2005, with special reference to the regulation on distance contracts, and Legislative Decree no. 70 of 9 April 2003 on certain aspects of the e-commerce.

 

11. Amendments and updates

 

The General Terms and Conditions of Sale may be amended from time to time by reason of new law and regulations. The new General Terms and Conditions of Sale shall be effective as of the date of publication on Brooksfield.com