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Introduction

It is important that you read these Website Terms of Sale (“Terms of Sale”) carefully before ordering any products from our Website (“Product(s)”). Together with our Privacy Policy and at Conditions of use, they govern our relationship with you in relation to this Website and
your purchase of Product(s) from the Website or over the telephone.

If you have any questions about them or do not wish to accept them, please contact our Customer Service department at contact@marcobicego.com before continuing.

The following information are provided pursuant to Article 49 of the Consumer Code (Legislative Decree 6 September 2005 no. 206, and subsequent amendments, hereinafter also “Consumer Code”).

Please click on the button marked “Complete Purchase and Pay” at the Order
Confirmation section of the Website before placing your order with us (“Order”) to show that you accept them.

Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Product(s) from our Website.

Our detail

We are Marco Bicego S.p.A., a one-shareholder company registered in Italy. Our registered office is via dell'Industria n. 33, 36070 Trissino (VI), Italy, registered with the Register of Enterprises of Vicenza with the number 02785630241, REA VI-275062. Our VAT number is IT02785630241.

You can contact us by email at contact@marcobicego.com

The Websites to which these Terms of Sale apply and for which we are responsible is us.marcobicego.com.

Who can purchase from us?

To purchase from us you
must be over 18 and resident in the United States of America. For online purchases, we can only ship to US. If you are not resident in any of the above countries, or would like to ship to a country other than the above, please contact our Customer Service.

How your contract with us is formed

Orders are submitted via the Website in the following way:

・Once you are ready to make a purchase, click on ‘add to Shopping Bag' to add the Product you wish to purchase to your Shopping Bag. Then proceed by clicking “proceed to purchase” to log into our secure servers to complete your Order.

・If this is your first purchase on the Website you will have the option at the end of the payment process to create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. We hold a secure password file to enable you to request a reminder, should it be forgotten on future transactions. You will then be asked to input your address. The address that you register with must be the address that the Order confirmation is sent to.

・If you have already registered with us you may enter your sign in details to access your account.

・You must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged and you will be able to review these charges before you place your Order), confirm your address and input your payment details. You may check and correct any input errors in your Order up until the point at which you submit your Order by clicking on the “Complete Purchase and Pay” button. The clicking of said button will give rise to the obligation of payment of the price of the purchased Product(s).

・We will then send you a confirmatory email to acknowledge that we have received your Order. This is sent out automatically by us to the email address you register with us. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer by you to buy the Product(s) at the price set out in the Order.

・All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept your Order. You do, however, acknowledge that by clicking on the “Confirm Purchase and Pay” button, you enter into an obligation to pay for the Product(s) in the event your Order is accepted by us.

・After sending you the acknowledgment email we will check to make sure we are able to fulfil your Order. Where we accept your Order, we will confirm such Order by sending you a second email (“Dispatch Email”) confirming your Order, confirming dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery. This is sent out automatically by us to the email address you register with us. At this point we will process the payment details you have given to us to take payment for your Order.

・By sending you the Dispatch Email and thereby confirming and accepting your Order, the contract between us (“Contract”) is formed. After entering into the Contract, we will be under a legal duty to supply you with Products that are in conformity with the Contract.

・The Contract will relate only to those Product(s) whose dispatch has been confirmed in the Dispatch Email. We will not be obliged to supply any other Product(s) which may have formed part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Email.

・You should check both the confirmatory email and the Dispatch Email for accuracy and let us know immediately if there are any errors.

・If there are any problems with your Order, you will be contacted by a representative from Marco Bicego.

Price and payment

Prices and delivery costs are liable to change at any time, but changes will not affect Orders which we have already confirmed in a Dispatch Email.

Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the Product(s) until we have sent you the Dispatch Email confirming your Order.

The prices for the Products indicated on our Website at checkout include all taxes, including VAT, which may be payable in respect of the Product(s) but excludes the delivery costs which will be automatically added to the total amount due when you view your items in your Shopping Bag.

All payments must be made at the time of dispatch of the Product(s) to you.
Payment for all Product(s) must be by credit card, bank transfer or PayPal. We accept payment with Visa, MasterCard and American Express cards. If we are unable to accept your Order for any reason then we will, at our option, either reject your credit card or refund any money paid by you in respect of that Order. We will not dispatch the Product(s) until we receive payment in full. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

For payment by card, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non¬delivery in respect of the Product(s) which you have ordered as a result.

By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).

Your personal data will be used by Marco Bicego in compliance with our Privacy Policy

Delivery, title and risk – Additional delivery term

We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within the time set out in our Dispatch Email but we cannot give an exact delivery date.

If we have not delivered the Product(s) within 30 days of the Contract or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you including any associated shipping fees, unless otherwise provided by the following articles.

Ownership and risk of the Product(s) will pass to you on delivery.

In case of failure to deliver the Product(s) within the term indicated in the Dispatch Email, you will have the right to invite Marco Bicego S.p.A. to schedule an additional delivery term, which shall be appropriate to the circumstances. Whenever delivery is not performed within the mentioned additional term, you will be entitled to terminate the contract

Damaged or defective Product(s)

You should inspect the
Product(s) when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return to our Customer Service Centre, at no cost to you. Our retail locations in Italy are not authorized to accept the return of Products or to replace the Products. However, care of these locations are available shipping information for customers willing to return any damaged or defective Product(s). If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable. In addition, we will either refund the cost of the return of the item to us by you or send you a prepaid parcel which you can use to return the damaged or defective item to us.

In the event of a lack of conformity of the Products pursuant to Article 129 of the Consumer Code, the legal guarantees referred to in Articles 129 and following of the Consumer Code apply.

According to article 135 of the Consumer Code, you have the right to

a) restore, without charge, the conformity of the goods by repair or replacement, within a reasonable period of time and without considerable inconveniences. In alternative:
b) an adequate reduction in the price of the Products, or
c) to terminate the contract, unless the lack of conformity is of minor entity. Our responsibility extends to the discovery of any lack of conformity within two years of delivery of the products. In any case, the right to lodge an action aimed at ascertaining any lack of conformity, if not maliciously concealed by us, automatically ceases twenty-six months after delivery of the products.

Product Information

The main features of the Product(s) are described on the website and in the packaging of the good.

Whilst
we have taken reasonable steps to depict Product(s) as accurately as possible through the photographs and other images featured on the Website, some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
Additionally, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Limitation of Liability

These Terms of Sale do not exclude our liability (if any) to you for:

• Personal injury or death resulting from our negligence
• Fraud or fraudulent misrepresentation
• For breach of any provisions of the Consumer Code or
• For any matter which it would be illegal for us to exclude (or to attempt to exclude) our liability.

We are not responsible for any delay in, or failure of, performance of our obligations under any Contract arising from any cause beyond our reasonable control.

Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.

Your right to cancel

Subject to the terms and conditions detailed herein, if you are a consumer (i.e., you are not purchasing either wholly or in part for your business or you are not a business) pursuant to Article 52 of the Consumer Code you have the right, in addition to your other rights, to cancel the Contract and receive a refund from us including any associated shipping fees that you have paid within fourteen (14) days upon the receipt of the good – “Cooling-Off Period".

In case of termination of the contract, we will not refund any shipping fees paid by Marco Bicego.

Non-Returnable Products

Products cannot be returned in the cases referred to in Article 59 of the Consumer Code, for example for the purchase of specifically personalised, engraved or customized products; for the supply of sealed items that cannot be returned for sanitary or hygienic reasons whose seals have been removed after delivery, etc.

Gift Recipients

Gift recipients are not entitled to a refund unless the request is made by the purchaser of the Product(s). To request that a refund is made to the purchaser please contact our Customer Service.

Timing and Instructions for Returns

If you choose to cancel the Contract, then you must return the Product(s) to us in accordance with the instructions provided to you by our Customer Service, which will assist you with the complimentary return shipping.

You must return the Product(s) to us within 30 days of purchase or within 14 days after providing notice of cancellation, in the same saleable condition in which you receive them. If you do not return the Product(s) within the terms above, and in accordance with the return instructions provided by our Customer Service, you cannot proceed with the return.

The items that are returned must be in perfect condition and shipped with the original box tightly closed, with the tag on the jewel and all the documents inside. All visibly used, stained or damaged items will not be accepted as returns.

Further details relating to your right to cancel and return will be provided by our Customer Service.

Refunds

So long as the Product(s) are returned in accordance with the terms hereof, we will refund you the full price of the Product (s) on the same payment method you chose at the time of purchase (subject to any deduction we are entitled to make due to your use or damage of the Product(s)).

All refunds will be issued to the original form of tender within 14 days when:

• Products have not been delivered to you at the delivery address you have requested within 30 days of your Contract, or
• We send you confirmation by email that your Order has been cancelled, or
• We have received the Product(s) you have returned to us in a timely manner as detailed herein, or if earlier, from the day on which we receive evidence that you have returned the Products to us in a timely manner.

Our retail locations do not carry out refunds or replacement for the Products purchased online.

Other information of which you need to be aware

We may not necessarily keep a copy of these Terms of Sale and your Order. We advise you to print a copy of them for your information in the future. You can download a pdf version of these Terms of Sale.

These Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract. The Contract and all communications between us will be conducted in the English language.

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of Italy, without regard to its conflict of laws' principle.

Any disputes which may arise out of or in connection with these Terms of Sale will be submitted to the exclusive jurisdiction of the competent court of the place of residence or domicile of the consumer.

You have the right to request the application of an out-of-court settlement mechanism for disputes arising from the Contract as provided by articles 114 and following of the Consumer Code.

If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected.

No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

All notices given by you to us must be given in writing to the address set out at the beginning of these Terms of Sale.

We may give you notice at either the email or postal address you provide to us when placing an Order.