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General Sales Conditions

Premises

The company, GRAM Ltd.,  (hereafter for brevity referred to as "Belsire Milan") markets the products under the brand "Belsire" in Italy and around the world. Always keen to respond to the expectations of its customers, Belsire Milan has decided to build, in parallel with its direct sales network, a network of distance selling of some of its products through the website www.belsire.com . The system, which requires active intervention by the customer, was built in  full compliance with the rules relating to distance selling and in particular Articles 45 and parts of the Italian Consumer Code (Legislative Decree. n. 206 of 6 September 2005, as amended).  Belsire does not call customers on its own initiative to propose distance selling of products, unless this is requested by the customer directly.

The use of the remote sales service described in these general sales conditions is reserved exclusively for consumers, in the sense that is given by the law and jurisprudence, meaning individuals acting for purposes not related to their trade, business or profession (hereafater defined for brevity as "Customers").

Scope

These general sales conditions apply to all sales of "Belsire Milan” products that are concluded at a distance through the website www.belsire.com with delivery all around the world.

These general sales conditions at a distance must be carefully examined by the customer before completing the distance purchase procedure of “Belsire Milan” products." It is understood that the placing of a purchase order through the website www.belsire.com implies total and absolute knowledge of these general sales conditions and their full acceptance: the customer that places a purchase order through the website www.belsire.com unconditionally accepts and agrees to comply in its dealings with Belsire Milan, these general sales conditions , as well as  the payment terms described below, claiming to have read and accepted all the information provided to them, and also takes note that Belsire Milan does not consider itself bound to conditions other than the present unless previously agreed in writing.

These general sales conditions at a distance can be printed and stored by any person who has visited the website www.belsire.com and shall be applicable and in force until these same conditions are accessible from the website www.belsire.com. The possible elimination of these general sales conditions at a distance from the website www.belsire.com implies the automatic and irrevocable inapplicability, invalidity and unenforceability of Belsire Milan to these conditions and the same in relation to purchases made after their removal from the site and even in those conditions that these terms and conditions be found to still be consulted and /or accessible to the public through other websites other than the one specified above.

Identification of the seller

For the purposes of these general sales conditions, the seller is GRAM Ltd., with its registered office in Milan, Corso Venezia n. 29, 20121, paid up share capital Euro 60.000,00, tax code and VAT number 08560550967, registered in the Companies Register of the Chamber of Commerce of Milan n. 08560550967 and REA 2033717, telephone number +39 02 80 88 62 16, e-mail:customercare@belsire.com.

Article 1: Information about products

1.1   The information relating to the products 'Belsire Milan' subject to distance selling through the website www.belsire.com is available, with reference numbers , both at the “Belsire Milan” showroom as well as on the website www.belsire.com. The abovementioned  information is provided in compliance with the laws and, in particular, Articles 49 and 51 of the Italian Consumer Code.

Article 2: Order of products and conclusion of the contract

2.1   Purchase orders of Belsire Milan products can be made, in Italian or English, through the website www.belsire.com , without the need for prior registration and creation of a personal Customer account, following the steps and instructions specified on the website.  Before transmitting the order, the Customer will be requested to identify and correct any errors in data entry and in addition will be requested to provide a valid e-mail address to which Belsire Milan may send any communication inherent to the purchase order in question.

2.2   The presentation of products on the website Belsire Milan www.belsire.com does not constitute an offer to the public pursuant to and for the purposes of Art. 1336 of the Italian Civil Code, and does not bind Belsire Milan to the sale of the same. Belsire Milan reserves the right to refuse orders received by informing the customer of the impossibility of accepting the order, within ten (10) days from the day following that on which the customer transmitted the order to Belsire Milan. In this case, Belsire Milan will provide immediate reimbursement of all sums already paid by the customer in relation to the refused order.

Article 3: Prices of products

3.1  

a.   For purchases destined within the EU: unless otherwise indicated on the website www.belsire.com or on the purchase order screen, the prices of products listed on the sitewww.belsire.com are inclusive of all taxes and duties as well as the ordinary shipping costs (see following article 5.3).

b.   For purchases destined to the United States and Canada: If not otherwise indicated on the website www.belsire.com or on the purchase order screen, the prices of products listed on the sitewww.belsire.com are inclusive of only the ordinary delivery costs (see article 5.3). These prices do not include charges for any taxes and duties applicable in the country of destination of the products, which will be charged to the customer, and if necessary, will be paid upon delivery, directly to the carrier. The abovementioned charges will not be refunded to the customer even in case of withdrawal or replacement of the product purchased. 

c.   For purchases for the rest of the world (ie outside of the EU, USA, and Canada): If not otherwise indicated on the website www.belsire.com or on the purchase order screen, prices products listed on the site www.belsire.com do not include:

                    i.the shipping costs of the products, which, in any case, will be quantified during the order procedure and charged to CUSTOMER when the order is submitted along with the price of the ordered products;

                  ii.expenses relating to any taxes and duties applicable in the country of destination of the products, which will be charged to the customer and if necessary, will be paid upon delivery, directly to the carrier.  The abovementioned charges will not be refunded to the customer even in case of withdrawal or replacement of the product purchased. 

3.2   In the event of a purchase made ​​on the website www.belsire.com, the price of each product (see paragraph 3.1), plus any shipping costs (see paragraph 5.3), is communicated prior to transmission of order. The prices are expressed in Euro or in the currency selected by the customer within the above-mentioned website.

3.3   In accordance with the provisions of article 51 co. 7 of the Italian Consumer Code, the customer will receive, after the conclusion of the contract, written confirmation of the ordered product, its price, the amount paid, the existence of the right of withdrawal (except in cases where this right is excluded - see paragrah 7) - with an indication of the timing and modalities for returning a product - the geographical address to present any complaints, information on support services, on  existing legal and commercial guarantees and the possibility to use any  extra-judicial mechanisms for complaints and recourse pursuant article 141 of the Italian Consumer Code.

Article 4: Payment Modes

4.1   Payment by the customer is exclusively with a valid credit card for purchases in Italy, or through the Paypal ® platform.

4.2   They following credit cards are accepted:  Visa, MasterCard, American Express and Diners Club.

4.3   The charge on the customer’s credit card takes place during the preparation of the order for shipping. In order to prevent internet fraud, payment made ​​through the website www.belsire.com is managed online by the bank concerned, utilizing the tools offered by Banca Sella SpA, Paypal ® and / or by their issuing institutions.  These companies are responsible for storing and automatic processing, in a protected environment, of information concerning each order, including credit card details.  For the purpose of payment, the customer confirms through the website www.belsire.com, to be the holder of the credit card and indicates that the name indicated on that credit card is theirs; then the customer communicates via the website www.belsire.com, the number, expiration date and security code (CVV2 or CID) indicated on their credit card. In the event that, for whatever reason, payment of the amount due from the customer does not happen, the sales process is automatically canceled and the sale automatically canceled.

Article 5: Delivery

5.1   After transmitting the order through the website www.belsire.com, clicking on “My orders”, the customer can follow the delivery of their products online. In any case, for any information regarding the delivery, the customer can  email our Customer Service at the email address customercare@belsire.com or can call +39 02 80 88 62 16.

5.2   Delivery of the products is carried out to the address given by the customer only after the regular payment registration of the relative order.  Pursuant to a provision of article  61 of the Italian Consumer Code, Belsire Milan will fill the order of the products no later than 30 (thirty) days from the date of conclusion of the contract, upon receipt of the purchase price, and unless Belsire Milan does not communicate - within 10 ( ten) days - the rejection of  the order under the preceding paragraph 2.2.  While filling out the order, the customer has the faculty to request delivery of all or part of the products referred to in the same order to an individual of their choice, by selecting the 'option' Gift . It is understood that no delivery can be made ​​to hotels, professional domiciles or professional mailboxes.

5.3   The customer will have the opportunity to use the following delivery modes:

- For Italy:


(I) ordinary service (free): delivery occurs between 9:00 and 18:00 from Monday to Friday (delivery within the day after if ordered before 01.00 p.m. –ROME CET- otherwise 2 working days);

-   For the European Union, United States and Canada:

(I) ordinary service (free): delivery occurs between 9:00 and 18:00 from Monday to Friday (delivery within 3 days if ordered before 01.00 p.m. –ROME CET- otherwise 4 working days);
(II) Express Service (surcharge € 19,00): delivery occurs between 9:00 and 18:00 from Monday to Friday (delivery the day after if ordered before 01.00 p.m. –ROME CET- otherwise 2 working days);

-   For the rest of the world (ie for deliveries outside the European Union, the United States, and Canada):

(I) ordinary service (surcharge € 33,00): delivery occurs between 9:00 and 18:00 from Monday to Friday;  
(II) Express Service (surcharge € 40,00): delivery occurs between 9:00 and 18:00 from Monday to Friday

Latin America: For orders with ordinary shipping service delivery occurs within 3 working days for purchases realized before 1.00 p.m. (Rome CET), otherwise the order will be delivered within 4 (working) days.
For orders with express service delivery occurs the day after for purchases realized before 1.00 p.m. (Rome CET), otherwise orders will be delivered within 2 (working) days.

Asia, Middle East, India: For orders with ordinary shipping service delivery occurs within 4 working days for purchases realized before 1.00 p.m. (Rome CET), otherwise the order will be delivered within 5 (working) days. For orders with express service delivery occurs within 2 (working) days.

Africa, Oceania: For orders with ordinary shipping service delivery occurs within 4 working days for purchases realized before 1.00 p.m. (Rome CET), otherwise the order will be delivered within 6 (working) days.For orders with express service delivery occurs within 2 days for purchases realized before 1.00 p.m. (Rome CET), otherwise orders will be delivered within 2 (working) days.

The delivery times identified are purely indicative.

 The shipping costs if you choose the express service, or for shipments outside of the European Union, the United States and Canada are charged to the customer in addition to the product purchase price. The shipping costs with express service in a country of  the European Union, the United States, or Canada, will not be refunded even in the event of order withdrawal by the customer or replacement product, as provided by article 56 clause 2 of the Italian Consumer Code.

5.4   The customer will be informed by email of the expected delivery date as well as the name and contacts of the carrier assigned by Belsire Milan for the delivery.  The customer may then  contact the carrier to eventually agree on a different delivery date .

5.5   In the event that, at the time of delivery, the package appears damaged, the customer (or the person who receives the product as already explained in paragraph 5.2) should proceed to open the package in the presence of the carrier, to check the status of the product contained therein. In the event that the product is damaged, the customer (or the recipient) must detail in writing, on the delivery note, all the damage detected.  All claims must be submitted following the procedure set forth in Clause 10.

Article 6: Limitation of Liability

6.1   Outside of cases of willful misconduct or gross negligence, Belsire Milan will not be liable to the customer in any way as a result of :

  • damage or loss caused by the products (or their use by the customer), subject in each case to the application of the mandatory provisions of the law on liability of a producer;
  • damage that has not been caused by failure of Belsire Milan;
  • loss of business or business opportunity that has not been occasioned by failure of Belsire Milan.

6.2   Nothing in these terms and sales conditions may limit liability for death or personal injury of the customer caused by the negligence of Belsire Milan, its employees, agents or representatives.

6.3   Except as provided in other provisions of these general sales conditions, Belsire Milan will repair or will replace free of charge any product that has been damaged or lost during shipment by the carrying agent, provided that:

  • the customer has notified in writing the damage or loss within 24 hours after the date of delivery (in case of damage) or within 24 hours after the delivery date that was shown to the customer pursuant to the previous paragraph 5.4 ( in the case of loss) in order to allow Belsire Milan to take advantage of the remedies provided by the shipping conditions applied by the shipper; and
  • the customer returns to Belsire Milan (in the case of damage to the product) the receipt or other documents relating to the product in question, as well as the product itself with the original packaging and all accessories, tags, etc. related to the same.

Article 7: Satisfaction Guaranteed. Right of withdrawal, product returns, and reimbursable expenses

7.1   Customers not satisfied with the product received may exercise the right of withdrawal provided for in Articles 52 to 58 of Chapter I, Title III of Part III of the Italian Consumer Code.  It is in the interest of Belsire that the customer can exercise the right of cancellation under the best possible conditions. The customer can exercise the withdrawal, without specifying the reasons, by communicating in writing, to Belsire, within a maximum of 14 (fourteen) days of receipt of the product at the address indicated on the purchase order, their intention to cancel the contract and return the product itself, making use - where the customer prefers to - of a special document in Annex A to these general sales conditions. Click to download (pdf,doc).

To this end, the client can transmit to Belsire their communication containing the statement of withdrawal, the Customer data and indicate the product concerned:

(I)                by mail, to the email address customercare@belsire.com , in which case the customer will receive an email, confirming the withdrawal exercised;

(Ii)        by registered letter with return receipt signed by the customer, sent to Belsire - Gram srl - Corso Venezia n.29  48 - 20121 Milan.

7.2   In the event of a valid exercise of the right of withdrawal pursuant to paragraph 7.1, for the return of products from the countries of the European Union, the customer may take advantage of the free home collection of returns offered by Belsire, as foreseen in the procedures, agreeing the date and time of the withdrawal of goods with a carrier chosen by Belsire and no later than 14 days from the date of receipt by Belsire, of the declaration of withdrawal of the customer. The customer will have to present the product for which they have exercised its withdrawal to the courier on the date and time agreed. In the case of their inability, the customer may agree to meet the courier again and this must take place within the next 7 days. Please note that the products are collected on weekdays between the hours of 9:00 and 17:00.

7.3   In the event of a valid exercise of the right of withdrawal pursuant to paragraph 7.1, for the return of products from the rest of the world (ie from any country outside of the European Union), or as an alternative to the provisions of the preceding paragraph, the customer will have to provide for delivery by mail or by courier, the product that they intend to return within 14 days from the date announced of their withdrawal to Belsire Milan . The product will have to be a sent to the following address: Belsire Milan - Gram srl –  Fiege Logistics Italia Srl Via Juan Manuel Fangio  nr.11 I-20020 Lainate (MI) 2. To return the product under this paragraph 7.3, the customer will have to bear the costs of the shipment, as charged by the postal service or courier chosen by the customer, which will remain fully and permanently theirs.

7.4   In the case referred to in paragraph 7.3, the products must be returned by registered mail and insured complete with all the original packaging (boxes, accessories, badges, caps, information material etc.) together with the delivery note carefully compiled, a copy of the invoice and the return form attached to the product purchased.

7.5   In accordance to article 54 co. 4 of the Italian Consumer Code, the customer is charged with the burden of proof relating to the exercise of the right of withdrawal. The customer will also be responsible for the timely return of the goods according to the provisions referred to in paragraphs 7.2 or 7.3.

7.6   In case of withdrawal, the customer will be refunded all payments made ​​in favor of Belsire Milan in relation to the product for which the withdrawal has been exercised, including the cost of delivery (except for the additional costs arising from the eventual choice of Special Delivery types described in paragraph 5.3). The reimbursement of these payments will occur by crediting, within 14 days of the date in which Belsire Milan became aware of the exercise of the right of withdrawal by the customer.

Under article 56 co. 3 of the Italian Consumer Code, if the Customer sees personally to the product return (that is, no use is made, or cannot be made of the services referred to in paragraph 7.2), Belsire Milan may withhold the refund of the price until they have received the returned product or the customer has supplied evidence of having sent the product returned in compliance with the provisions in paragraph 7.4.   Likewise, Belsire Milan may withhold the reimbursement of the price up to the date of taking receipt of the product if the customer requests the service referred to in paragraph 7.2 but fails to deliver the product on the date and time agreed with the carrier chosen by Belsire Milan.  In any case, those provisions identified in paragraph 7.9 remain valid.

7.7   The crediting mentioned in paragraph 7.6 is carried out on the bank account of the customer corresponding to the credit card used by the customer for payment. Such reimbursement will be of no cost to the customer.

7.8   As is provided by Article 57 co. 2 of the Italian Consumer Code, the customer is responsible for the diminishing value of the products due to handling other than strictly necessary to assess the nature, characteristics and effective operation of the product. Therefore, if the goods returned by the Customer are damaged, incomplete, damaged and /or dirty or in any state that unequivocally leads one to understand that the products have been used, in such a way as to compromise the substantial integrity, they will not be refunded, and will be remitted to the Customer at Belsire Milan - Gram srl - at Fiege Logistics Italy Srl  Via Juan Manuel Fangio  nr.11 I-20020 Lainate (MI) 2. With respect to footwear, the sole must be perfectly intact.  It is therefore strongly recommended to customers to try on Belsire Milan shoes on an area that is particularly soft and non-abrasive.

7.9   Failure to return the product according to the procedures and within the periods referred to in paragraph 7.2, which referred to paragraph 7.3 above, will be understood as a manifestation of the will,  by the customer, of the revocation of the declaration of withdrawal. The customer will then retain the purchased good and Belsire Milan will not be bound to a refund.

Article 8: Replacement of products

8.1   Belsire Milan wants to offer its customers the chance to replace a product purchased from a distance through the website www.belsire.com.

8.2   The replacement of the products purchased in distance may be adjusted by other substitutes of equal or higher value than the purchased products; in the latter case, the customer, or, in the case of using the "Gift" service, the recipient of the products to be replaced, will have to pay the excess price difference.

8.3   Within 14 (fourteen) days from the date of delivery, the customer, or, in the case of using the “Gift" service, the recipient of the replaced products, may request a replacement product purchased at a distance through notification to Customer Service Belsire Milano at the email address  customercare@belsire.com .

8.4   Within the European Union, the customer may use the free return service of the product being replaced according to the mode referred to in paragraph 7.2. Alternatively, or for the return of products from outside the EU, the customer will return - at his own expense - with a mode specified in paragraph 7.3. In this case, it remains the responsibility of the customer to prove that the products have been returned, and these must then be returned by registered mail with a return receipt. In the latter case, it is understood that Belsire Milan  will not proceed with the shipment of the replacement product before receiving the returned items from the customer.  In any case, the previsions referred to in paragraph 7.9 will be applied without any change.

8.5   The products to be replaced must be returned in their original packaging, complete with all the original packaging (boxes, accessories, badges, caps, information material etc.) and must be accompanied by the purchase receipts and the return forms attached the purchased products.

Products returned by the Customer that are damaged, incomplete, damaged and /or dirty or in a state that unequivocally leads one to understand that the products have been used, in such a way as to compromise the substantial integrity , will not be replaced and will be put at the disposal of Customer at Belsire Milan - Gram srl -  Fiege Logistics Italy Srl  Via Juan Manuel Fangio  nr.11 I-20020 Lainate (MI) 2. With respect to footwear, the sole must be perfectly intact: Belsire Milan strongly recommends that customers try on Belsire Milan shoes on a surface that is  particularly soft and non-abrasive.

8.6   In case of replacement, the sale of the replaced product must be considered resolved. The payment of the product delivered in replacement occurs by compensation, total or partial, with the previous sale price amount.  It is understood that any excess amount to the debt of the Customer, will be recharged to the bank account linked to the credit card used by the customer for payment.

8.7   These general sales conditions at a distance apply to the replacement of the product through Belsire Milan’s Customer Service.  This way of product replacement does not prejudice in any way the legal guarantee provided by Article 128 et seq. of the Italian Consumer Code.

8.9   If the customer wishes to use the product replacement service for a product that has been received as a replacement (except in the case of replacement for non-compliance of a product) of another previously purchased, Belsire Milano reserves the right to refuse further replacements.

Article 9: Conformity – Warranty

The guest is required to verify that the products received correspond to those of the order placed. If the products delivered do not conform to the purchase order, the customer must inform Customer Service Belsire Milan by phone or by email  customercare@belsire.com , and return the products in question.  Should this occur, the mechanism referred to in paragraph 7 of these general sales conditions will be applied where compatible.  In addition to specific guarantees that are provided to the customer with the product delivered, to the sale of Belsire Milan products are applicable legal guarantees provided by Italian law and in particular, those provided for and governed by Articles 128, 129, 130 and 132 of the Italian Consumer Code.

Article 10: Complaints – information

For any information or complaint, or any matter relating to the general conditions of the mail order company of Belsire Milan or to the products 'Belsire Milan', customers should contact Customer Service Belsire Milan by phone at 02. 80.88.02.16 or email customercare@belsire.com indicating the purchase order number and the customer number to which the question refers.

Article 11: Rights of intellectual property

The brand 'Belsire Milan’ , as well as the set of figurative and non-figurative and more generally all other trademarks, pictures, images and logos on Belsire Milan products, its accessories and / or packaging, which are registered or not, are and remain the exclusive property of the company Gram srl - with registered office in Corso Venezia, 29 - 20121 Milan, Italy. The total or partial reproduction, modification or use of those marks, illustrations, images and logos for any reason and on any medium, without the prior expressed consent of the company Gram Ltd. is strictly forbidden.  Any combination of these brands and other trademarks, symbols, logos and more generally any distinctive sign capable of achieving a composite logo is also forbidden.  The total or partial reproduction, modification or use of drawings, models and patents, which are the exclusive property of the company Belsire Milan is also prohibited.

Article 12: Force majeure

The services of the Belsire Milan company may be suspended in the case of the occurrence of a fortuitous event or force majeure which prevent or delay the execution. Events that are treated as such , for example, but not limited to that are war, riots, insurrections, strikes and supply problems of the Belsire Milan company attributable to third party suppliers, or the wrong indication of the customer's correct shipping address. The Belsire Milan company will inform the customer of the occurrence of unforeseeable circumstances or force majeure within seven days of the occurrence thereof.  In the event that the suspension of the services were to continue for a period longer than 15 days, the customer will have the opportunity to cancel the order placed and will be refunded the amounts already paid, as determined by paragraph 7 of these general sales conditions.

Article 13: Jurisdiction and applicable law

13.1   The jurisdiction applicable to sales contracts concluded via the website Belsire Milan is that provided by article 66-bis of the Italian Consumer Code.  For the resolution of disputes it is possible to resort to the mediation procedures under Legislative Decree 4 March 2010, n. 28. It is also subject to the possibility of promoting alternative dispute resolution, in accordance with Arts. 66 and 141 of the Italian Consumer Code.

13.2 The law applicable to sales contracts governed by these general conditions is Italian , with the exception of the conflict rules and in any case, standards in Private International Law . It also excludes the applicability of the Vienna Convention on the Sale of Goods 1980.

13.3   It is subject to the application, in respect of customers who do not reside in Italy, the mandatory provisions of law as may be provided, in their favor, in their country of residence, where these provisions are more favorable than the Italian ones.

 
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