Terms of service
CONDITIONS OF USE OF THE SITE
Definitions:
For the purposes of this contract the following terms shall have the following meanings:
- "Bernardini Milano": Bernardini Milano S.r.l. (CF. and VAT no. IT12920760159 ),
with registered office in Milan, via Caradosso 2, 20123 Milan MI, Italy .
- "Consumer Code": Legislative Decree No 206 of 6 September 2005.
- "Materials" means all information, text, photographs, graphic images, audio and video clips,
designs, graphics, logos, symbols, names, product and company names, as well as all software
on the Site.
- "Privacy Policy": Information on the processing of User data available at the following link: _
- 'Products'
o Vintage*, heritage?, or otherwise used luxury watches
o Trunks: vintage trunks and luggage
o Decor & Supplies:
- "Site": website https://www.bernardinimilano.com/
- "Terms and Conditions" means this Contract.
- "Users": visitors, including non-registered visitors, to the Site.
1.Premises.
1.1.Each user is requested to read these Terms and Conditions carefully before using this Site. Use
of the Site constitutes full acceptance of these Terms and Conditions by the user.
1.2.Bernardini Milano may change these Terms of Use at any time by updating this notice. Users a
re bound to comply with such changes and are required to periodically consult this page to
review the conditions in force at the time of use of the Site.
2.Copyrights and other intellectual property rights.
2.1.Unless otherwise stated, copyright and any other intellectual property rights represented on the
Site are owned by Bernardini Milano or its licensors. Unless expressly stated otherwise, all
trademarks, logos and trademarks or typefaces (collectively referred to as "Trademarks") on the
Site are the property of their respective owners. In no event shall the Materials on the Site be
construed as granting any licence or right to use them.
2.2.Users are prohibited from distributing, modifying, transmitting, reusing, re-inserting or using th
e content of this Site without the written permission of Bernardini Milano. No part of this Site
may be reproduced or stored in another Site or incorporated into a public or private data search
system or service without the prior written permission of Bernardini Milano
3. Disclaimer clause.
3.1.Any liability with respect to the accuracy, completeness, adequacy, updating or exhaustiveness
of the information contained on the Site is excluded.
3.2.Bernardini Milano grants all warranties prescribed by law for the sale of used products, taking
into account their previous use and state of wear and tear, limited to hidden defects not resulting
from normal use of the thing.
3.3.Bernardini Milano accepts no liability or obligation for damage caused to users' devices as a
result of their access to, use of or browsing within the Site (by way of example only: viruses or
malware).
3.4.Bernardini Milano reserves the right to interrupt or suspend any or all functionality of the Site.
3.5.All liability of Bernardini Milano for any photographic or spelling errors on the Site is excluded.
4. Materials and visitor behaviour.
4.1.Any message or material transmitted or entered by Users may be used by Bernardini Milano for
all purposes related to the execution and fulfilment of this Agreement. The photos of the
Products are shown for illustrative purposes only.Users are prohibited from posting on the Site
or transmitting to or from the Site any material that:
4.1.1. delete, deform or otherwise alter the size or shape of the Bernardini Milano logo;
4.1.2. gives a false representation of its relationship with Bernardini Milano and does not present
any other false information about Bernardini Milano;
4.1.3. are intimidating, defamatory, obscene, indecent, seditious, offensive, pornographic, violent,
liable to incite any form of hatred, discriminatory, threatening, scandalous, provocative; or
4.1.4. for which all necessary licences and/or authorisations have not been obtained from them; or
which constitute or encourage conduct that may constitute a criminal offence, or otherwise
give rise to civil liability or otherwise violate the law or the rights of third parties in any
country in the world; or
4.1.5. are such as to cause technical damage (e.g., without limitation, computer viruses, logic
bombs, Trojan horses, worms, malicious components, corrupted data or other malicious
software or harmful data).
4.1.6. create deep-links, i.e. a link to an internal page of this Site without going through the home
page. Framing, in-line linking or any form of incorporation of the Site or parts thereof is
also prohibited.
4.2.Bernardini Milano shall fully cooperate with any law enforcement authorities or comply with a
ny court order requesting or requiring the disclosure of the identity or whereabouts of Users.
4.3.Links to the Site from sources outside the Site are made at the care, risk and responsibility of th
e Users.
4.4.In the event of a breach by the User of the obligations set out in this article, Bernardini Milano
expressly reserves the right to terminate this contract pursuant to Article 1456 of the Italian
Civil Code.
5. Access to the service.
5.1.Bernardini Milano reserves the right to temporarily suspend access to the Site for any purpose
related to the execution and performance of this Contract.
5.2.Except as set out in the Conditions of Sale, any liability for loss or damage of any amount or
nature caused to users or third parties due to non-use of the site is excluded.
6. Conditions of sale
6.1.In order to be able to purchase goods and products on the Site, personal identification by means
of an identity document and acceptance of the Privacy Policy is required. In the event of non-
acceptance, it will not be possible to order the Products offered for sale on the Site.
6.2.Bernardini Milano reserves the right to use third party e-commerce platforms for the sale of
Products; in this case the User accepts as of now the relevant terms and conditions of use.
6.3.The Products shall be sold by Bernardini Milano and invoiced by it to the User.
6.4.By registering to the site, the User warrants:
6.4.1. To have legal capacity and to be able to conclude contracts with binding effect.
6.4.2. To be of legal age.
6.4.3. To be a consumer within the meaning of the Consumer Code.
6.5.An order to purchase a Product on the Site shall be deemed to be an immediate acceptance of the offer to sell that Product as formulated through the Site.
6.6.Once the purchase order has been placed, Bernardini Milano, in order to promote the security of
distance selling and avoid fraud, reserves the right to verify the identity of the User and
therefore request, in accordance with the Privacy Policy, the following data:
6.6.1. Email or telephone number confirming the identity of the ordering party and the
characteristics of the order
6.6.2. copy of an identity document and/or proof of domicile.
6.6.3. Copy of the documentation required for the regular invoicing and application of taxes.
6.7.If the order is not sent to Bernardini Milano within working days of the request, the
order cannot be processed due to the User's sole liability and Bernardini Milano reserves the
right to take action for any damages caused by the failure to complete the transaction. The user
declares that he is aware of the characteristics and type of the Products.
6.8.Bernardini Milano undertakes to honor orders within the limits of available stocks, it being
understood that it reserves the right to limit the number of products that may be the subject of
the same order and the number of identical models of a Product that may be ordered at one time.
6.9.Bernardini Milano reserves the right to refuse any order placed by Users who have already
defaulted on the payment of one or more previous orders, or with whom a dispute has arisen in
respect of their breach of this Contract.
7. Product price, payment and shipping costs.
7.1.The price of each Product is the price indicated on the Site for the corresponding Product,
except in the case of manifest error. The indicated price includes the statutory VAT.
7.2.Bernardini Milano reserves the right to change prices at its own discretion, without prejudice to
the User's right to execute the purchase with application of the price in force on the day and hour
at the time of the order.
7.3.Bernardini Milano reserves the right not to sell a Product at an incorrect price if the error in the
price is manifest and knowable by the User with normal diligence.
7.4.Payment can be made via the payment platforms and instruments indicated on the Site; on this
point, the User declares his or her acceptance of the relevant privacy policy and terms and
conditions of use; these are entirely third party to Bernardini Milano. All payments by
electronic payment instruments are subject to a validity and security check by the issuer; in the
event of notification by the issuer, the order shall be considered valid, effective and binding
only if payment is validly made.
7.5.Shipping costs are communicated via the Site, subject to change at the sole discretion of
Bernardini Milan, which shall bear them in full.
7.6.Customs fees for the purchase of the Products as well as costs and taxes for any returns shall be
borne by the User.
7.7.The delivery address shall correspond to the address provided during registration or at the time
of execution of the purchase order. The delivery time and delivery terms shall be regulated
between the parties in writing.
7.8.The Product becomes the property of the User upon full payment of the price.
8. Information on the Exercise of the Right of Withdrawal - Pursuant to Article 49(4) of the Consumer Code and Complaints
8.1.If the User is a consumer, he/she may exercise his/her right to withdraw from the sales contract,
without stating any reasons, within fourteen (14) days of possession of the Product, by sending
written communication with acknowledgement of receipt to the following addresses
. This right of withdrawal is reserved exclusively for natural
persons (consumers), therefore it cannot be exercised by legal persons and natural persons
acting for purposes relating to their professional activity, if any. In the case of sales/promotional offers that provide for the joint purchase of several Products, the right of withdrawal may be
validly exercised only by returning all the Products, given the constraint of the ancillary nature
of the promoted goods with respect to the associated ones.
8.2.The User shall, in any event, immediately after delivery, notify Bernardini Milano in writing of
the partial receipt of the ordered Products, or of the receipt of defective or damaged Products.
8.3.In the event of a valid exercise of the right of withdrawal, this shall be followed, without undue
delay, and at the User's choice, if a consumer, by a refund of the price by the same means of
payment used by the User for the purchase, or the possibility of exchanging the Product for a
Product of equal or higher value.
8.4.In any case, Bernardini Milano reserves the right to check the condition of the returned goods,
notifying the User of any reduction in the value of the returned goods due to the User's sole
responsibility.
8.5.The return of a purchased customized Product is not permitted.
9. Liability and legal guarantee.
9.1.Bernardini Milano is liable for the performance of its contractual obligations, irrespective of
whether such obligations can be materially performed by other service providers, without
prejudice to any rights of recourse against the latter. However, Bernardini Milano shall not be
liable for damages caused by the User's sole liability (including negligence), or by events of
force majeure, or for damages caused by third parties not related to Bernardini Milano in the
performance of this Agreement.
9.2.The legal guarantee for each type of Product applies:
9.2.1. The seller is liable to the consumer for any lack of conformity existing at the time of
delivery of the goods.
9.2.2. In the event of a lack of conformity, the User, if a consumer, has the right to have the
conformity of the goods restored, free of charge, by repair or replacement, or to an
appropriate reduction in the price, or to termination of the contract, pursuant to Art. 130 of
the Consumer Code.
9.2.3. The consumer may request, at his option, the seller to repair the goods or to replace them,
free of charge in either case, unless the remedy requested is objectively impossible or
excessively expensive compared to the other.
9.2.4. A minor lack of conformity for which the remedies of repair or replacement could not or
would be excessively onerous does not entitle the parties to rescind the contract.
10. Duration.
10.1. This contract is of indefinite duration.
11. Applicable law and jurisdiction.
11.1. This contract shall be governed by and construed in accordance with Italian law. The Court
of Milan shall have exclusive jurisdiction in respect of all disputes relating to interpretation,
performance, non-performance.
12. Miscellaneous.
12.1. This agreement shall be binding upon the Parties and their respective successors in title.
12.2. Should a clause of this contract be deemed unlawful, void, annulled or otherwise unlawful
by virtue of a court decision, the other provisions shall remain valid and enforceable.
12.3. No forbearance on the part of Bernardini Milano with respect to the User's breach of
contract shall be deemed a waiver of the User's rights or remedies.
