TERMS AND CONDITIONS

Welcome to the www.beatricepalma.com website (the “Website”), owned by Beatrice Palma s.r.l. – a company having its registered offices in Via Paolo Frisi 3, 20129 Milano, Italy – VAT n. 12627710960, (“Beatrice Palma”).

Access to and use of the Website are conditional on your review, understanding and acceptance of these General Conditions of Use. If you do not agree with these General Conditions of Use or with part of them, please do not use and do not access the Website.

 

INTELLECTUAL PROPERTY RIGHTS 

The contents on the Website, such as, without limitation, works, images, photographs, dialogues, music, sounds and videos, documents, pictures, logos and any other material, whatever their format, posted on the Website including, the menus, web pages, graphics, colours, patterns, tools, characters, and design of the Website, diagrams, layouts, methods, processes, functions and software that are part of the Website, are protected by copyright and by all other IP rights of Beatrice Palma or of the third parties, if any, that Beatrice Palma has engaged. It is forbidden to reproduce, in whole or in part, in whatever form, the Website and its contents.

You are only permitted to view the Website and its contents benefiting from the services made available on it. You are also authorised to make any temporary reproductions, without economic significance per se, which are considered transitory or secondary, and an integral and essential part of the actual viewing of the Website and its contents, and any other browsing operations that are performed solely for the purpose of legitimately using the same. You undertake to comply with the copyright of the artists who have chosen to publish their works on the Website. You are also not authorized to use, under no circumstances, in any manner and form, the contents of the Website and the individual works protected by copyright and by any other IP right. You may not alter or modify the contents and the copyrighted works.

 

TRADEMARKS AND DOMAINS 

The exclusive owner of all trademarks and distinctive signs present on the Website, also for the purposes of distinguishing the products, is Beatrice Palma, who has also the exclusive right to use them. Any unauthorized use or use that is not compliant with the law is strictly forbidden and can have legal consequences. Under no circumstances will you be entitled to use said trademarks and the other distinctive signs present on the Website to obtain, also indirectly, an improper benefit from the distinctive character of the brand Beatrice Palma. 
The beatricepalma.com domain is in the ownership of Beatrice Palma. It is not permitted to use it without the express written consent of their owners.

 

INBOUND AND OUTBOUND LINKS FROM THE WEBSITE TO THIRD PARTY SITES

The Website may contain hypertext links (the "Links") to other sites that are unrelated to the Website. Such website is not controlled or monitored by the Website Operator who therefore gives no warranty as to their contents and to the manner in which they process personal data. You must therefore carefully read the conditions of use of the third party sites you visit and their privacy policies, as these Conditions of Use and the Privacy Policy refer exclusively to the Website.  

Conversely, it will be possible to activate on third party sites links redirecting to the Website, only if the Beatrice Palma has given his prior consent. The application for obtaining such consent may be sent writing to our Contact form. Any unauthorized activation of links shall result in Beatrice Palma be entitled to take any action to have the unlawful links immediately deactivated, and to have the wrongful business practice, the unfair competition or the action ruining the good name and popularity of Beatrice Palma. Posting hypertext links (such as deep frames and deep links) to the Website or using unauthorised meta-tags is in any case forbidden.

 

CONTENTS

 The access, use and browsing of the Website are for your personal use only, and must always be unrelated to your commercial, entrepreneurial and professional activities. Using and browsing the Website are activities performed by you and, as such, no liability can be attributed to Beatrice Palma for the incorrect use of the Website. Beatrice Palma shall therefore not be liable if during your downloading activities your device is damaged or if your data are lost, unless any such damage and loss are attributable to the gross negligence and wilful misconduct of the same Website Operator. 
Beatrice Palma accepts no responsibility for damages deriving from the inaccessibility to the services present on the Website, disruption of the service, content cancellation, problems related to the networks, providers or telephone and/or internet connections, unauthorized accesses, data alteration, failure and/or malfunction of your electronic equipment. 
It will be your responsibility to protect and correctly use your personal data, including the credentials allowing you to access the restricted services. You will also be responsible for any damaging consequence or prejudice that may derive to Beatrice Palma or third party from the incorrect use, loss or theft of your data. 

Beatrice Palma has adopted all reasonable measures aimed at preventing the posting on the Website of contents and images that are likely to infringe a person’s human rights and dignity, in all possible forms and expressions. Should you deem however that such contents are offensive to your religious or ethical sensibility, or your dignity, please report it by sending the relevant notice with the contact form. Beatrice Palma however warns you that the access, if any, to the contents deemed infringing or offensive is a deliberate act of yours and you are therefore the only person responsible for that.  

Beatrice Palma has also adopted any useful precautions to ensure that all information present on the Website is correct, complete and updated. However, Beatrice Palma accepts no responsibility for the accuracy and completeness of the contents posted on the Website, unless otherwise envisaged by the law. Should you find any error in the information present on the Website or realize that such information is not duly updated, please report it by sending the relevant notice with the contact form. 

 

APPLICABLE LAW

These General Conditions of Use are governed by Italian law with the disapplication of the conflict of laws rules.

These General Conditions may be amended from time to time due to new laws and regulations or other reasons. The new Conditions shall be effective as of the date of publication. 

 The products marketed on the www.beatricepalma.com website (hereinafter, respectively the “Products” and the “Website”) are sold and invoiced by Beatrice Palma s.r.l.. a company having its registered office in Via Paolo Frisi, 20129 Milano, Italy, registered with the Chamber of Commerce of Milan, Italian VAT n. 12627710960.
For any information on purchase orders, deliveries and, more use the contact form.

 

ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND CLOSING

Beatrice Palma offers Products for sale on the Website to end consumers, namely, to persons acting for purposes that are wholly outside that individual’s trade, business, craft or profession (“Customer”). Beatrice Palma (hereinafter also the “Seller”) reserves therefore the right not to process orders placed by a person other than the “consumer”. 

The sale agreement between Beatrice Palma and the Customer (the “Agreement”) shall become binding upon Beatrice Palma's acceptance of the Order, which will take place when the Customer receives Beatrice Palma email confirming the Order (the “Order Confirmation”). If Beatrice Palma is unable to accept the Customer's order, will inform the Consumer in writing and will not charge for the Product.

By placing an Order - with the order form made available on the Website - the Customer declares that it has read and understood all the indications given during the purchase procedure, and that it accepts, in full, these sale terms & conditions (hereinafter, the “Conditions”). 

 

HOW TO BUY THE PRODUCTS

The Products offered for sale by Beatrice Palma are only and exclusively the ones displayed on the Website when the Order is placed, as described in the relevant product information sheet. It remains in any case understood that the images of the products on the Website are for illustrative purposes only. Although Beatrice Palma makes every effort to display the colours accurately, it cannot guarantee that they are accurately reflected on the Customer’s device/screen: the product delivered to the Customer may vary slightly from those images. 

The Customer can place an Order by duly filling-in the order form made available on the Website and send it in accordance with the indications provided in the Website, after having carefully reviewed the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen). The Customer may also request Beatrice Palma the invoice for the purchased Product, by checking the relevant flag on the order form.

Beatrice Palma will confirm that the Order has been properly received by sending the Order Confirmation to the address notified by Customer. The Order Confirmation will contain these Conditions and the summary document on the Right of Withdrawal and therefore, all of the information that is already contained in the order review displayed prior to making the purchase (the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).

Within the limits of the applicable laws, Beatrice Palma may not process purchases when there are not sufficient guarantees of solvency on the payment method choosen, when orders are incomplete or incorrect, when the products are no longer available or in any other case where there are substantial problems with the Order or errors in the presentation of the Product or selection on the Site. The Customer will be informed by email of the Order cancellation, with the reasons thereof. If the products displayed on the Website are no longer available once the Seller has received the order form, Customer will be informed of such unavailability as soon as possible. If the order form has been sent and the price has been paid for items that are no longer available, the Seller will refund, without undue delay, the amount paid for those items and the sale agreement between the parties will be deemed terminated.

 

PRICE AND TERMS OF PAYMENT

The prices indicated on the Website are inclusive of taxes and VAT, when applicable and where possible to calculate in advance under the applicable fiscal laws. Customer shall be informed in advance of shipping costs or fees, if any, through the Website.

Payment of the Product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the Order form, such as Credit or Debit Card, PayPal or any other specific payment procedures as made available on the Website. Under no circumstance, costs higher than those effectively incurred by the Seller will be charged, in relation to your previously selected payment method.

In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be automatically sent by encrypted protocol to the bank which provides remote electronic payment services, without Beatrice Palma having any knowledge of such data. Such details will not be used by the Seller except for performing the procedure relevant to the purchase or issuing refunds in the case of returns in compliance with the exercise of the return right or for reporting cases of fraud to the police.

Under no circumstances and at no stage of the payment process, the details of the Customer’s electronic payment methods will be disclosed to Beatrice Palma by the bank because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. Since none of such data will be stored in Beatrice Palma’s files, Beatrice Palma will not be liable for fraudulent and unlawful uses, if any, made by third parties of the Customer’s payment method during the payment procedure except to the extent that the misuse is due to the negligence, fraud or unlawful conduct of Beatrice Palma. 

The price for the Products and the corresponding costs for shipping and delivery, as indicated in the Order form, will be charged to the Customer’s current account only when the purchased Products are actually shipped. 

 

DELIVERY OF THE PRODUCTS AND RELEVANT EXPENSES

The Product will be Customer's responsibility from the time Beatrice Palma, through its service providers, delivers the Product to the address the Customer gave in the Order. The Customer shall acquire ownership of the Product once Beatrice Palma has received full payment.

Products shall be delivered to Customer at the cost specifically indicated on the Website before the Order is placed and displayed in the Order review. Please note that Beatrice Palma reserves the right to terminate the Agreement in the event that the Customer fails to take delivery for  3 times.

To receive the delivery of the Products, the Customer shall sign the relevant receipt documents, having checked that: (i) the number of items delivered corresponds to the number indicated in the bill of parcels, and (ii) the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material (sellotape or metal strapping seals).

Any damage detected in the packaging and/or in the Product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, shall be immediately reported in the bill of parcel to be returned to the courier. 

Any problem concerning the integrity of the Products received or any damages of it, their number and completeness – which is not possible to detect or to report at the time of delivery – should be reported within 7 (seven) days from delivery, in order to allow Beatrice Palma to proceed with the necessary verifications. Please note that such communication timeframe does not affect Customer’s statutory warranty and withdrawal rights.

 All Products come with an identification tag attached with a disposable seal. Customer shall not remove the tag or seal from the purchased Products should he/she wish to return the same.

Shipping costs and delivery times depend on the type of shipping selected by the Customer during the purchase procedure and indicated in the Order form. With different timing depending on the type of shipping chosen, the Seller will confirm to the Customer that the Order is being shipped (the “Shipping Confirmation”).

The delivery times indicated on the Website are purely indicative. Following receipt of the Shipping Confirmation, the Customer will be able to monitor the status of the shipping from the “My Account” area on the Website and/or through the shipment tracking code provided in the Shipping Confirmation.  

Orders will only be shipped to a valid mailing address. However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your Order. In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address.

 

RETURNS  

 In addition to any rights and remedies that the Customer may have under the applicable law, the Customer is entitled to withdraw from the Agreement without cause, without penalty and without the need to give any explanation, within 14 (fourteen) days after the date of delivery of the Products.

The Customer may exercise the right of withdrawal (change of mind) by sending an unequivocal written communication to the address indicated in the return form included in the package of the delivered Products (each one hereinafter the “Return Form”). Beatrice Palma will confirm that the Return Form has been properly received by sending an email message to the address notified by the Customer.

In the event of withdrawal, Customer shall dispatch the Products back to Beatrice Palma within 14 (fourteen) days from the date on which the above notice was submitted, choosing one of the following:

Sending the Product(s) to the address expressly referred to in the Return Form by the courier indicated by Beatrice Palma in the Return Form. Products may be shipped by using the pre-printed and pre-paid label enclosed in the package in which the Products were shipped.

Sending the Product/s to the address expressly referred to in the Return Form by means of any courier chosen by the Customer (in such event, the costs for the redelivery will be on the Customer’s exclusive account);

 The Product must be delivered back along with the original packaging (including the packaging materials and the documents, if any, accessories, labels, identification tags, seals, dust bags, etc.) and it is to be carefully stored and used only for the time strictly necessary to verify its nature, specifications and size, and must show no signs of wear or dirt (or any other alteration) - other than what is necessary to establish the nature, characteristics and functioning of the goods - as indicated below:

• The right of withdrawal may be exercised only with respect to the entire purchased Product, partial withdrawals (accessories, complements, etc.) are not permitted;
• Within the limits of the applicable laws, the transit of the Products, until the Customer receives confirmation that the Product has been properly returned and delivered to Beatrice Palma, shall be at the Customer's exclusive responsibility.  Therefore, if the Product has been damaged during transit, Beatrice Palma shall inform Customer thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund; the Product will be made available to the Customer and the withdrawal notice will be cancelled;
• Beatrice Palma accepts no responsibility for Products damaged, stolen or lost while in transit. 

 

Beatrice Palma shall refund to the Customer the whole amount already paid by the latter, within 14 (fourteen) days from the date of the withdrawal. Beatrice Palma may withhold the refund until the returned Product is properly received by Beatrice Palma or until Customer demonstrates that the Product has been correctly returned, whichever is earlier.

Unless otherwise agreed by the parties, the amount initially charged to the Customer will be re-funded using the same payment methods used by the Customer in the original purchase transaction.

Once the Products are received, Beatrice Palma will check them and negate in case of any discrepancies with the above, it shall inform the Customer by email that the value of the returned Products is reduced due to Customer’s failure to comply with the Conditions mentioned above. By the same email, Beatrice Palma shall also notify the amount that it will deduct from the amount to be refunded, unless Customer elects, at its own expense, to have the Products sent back to her/him in the same conditions in which they were returned to Beatrice Palma.

In the event that the right of withdrawal is forfeited (for example when the Product is returned damaged), Beatrice Palma shall send back to Customer the Product. In this case, the Customer will be charged with the relevant shipping costs and, if already refunded, with the price of the Product.

The right of withdrawal also applies to Products purchased on sale or during sell-outs or other promotional periods. The right of withdrawal is, instead, excluded for Products custom-made or in any case personalized, even if customised after purchase. 

In case of defective Products and/or Products not conforming to the promised qualities, the Customer is entitled to the remedies provided by the applicable law (for example, where applicable, the repair or replacement of the Product free of charge or the reduction of the price paid for the defective Product).

Any claim or query can be sent to Beatrice Palma by using the contact form.   

 

PRIVACY 

Where Beatrice Palma collects personal data from Customer during the placement of an Order, such personal data shall be processed by Beatrice Palma for the purpose of completing the Order and in compliance with applicable data privacy laws.

 

APPLICABLE LAW AND JURISDICTION 

To the extent permitted by the applicable laws, the Agreement and its performance are governed by the law applicable to the Consumer Any dispute that may arise out of or in relation to the Agreement shall be submitted to the competent court of the place where Customer resides.

Customers residing in a Member State of the European Union have the option of appealing to the platform established by the European Commission for the resolution of disputes relating to distance selling contracts (“ODR Platform”). Through the ODR Platform, the Customer and the Seller may resolve disputes relating to purchases made under these Conditions with the assistance of an impartial body.  

The Conditions may be amended from time to time due to new laws and regulations or other reasons. The new Conditions shall be effective as of the date of publication on the Website for sales made from the date of their upload on the Website and, thus, each Agreement shall be governed by the Conditions in force at the time it is concluded. 

 

LANGUAGE

The Conditions will be written and construed in the English language, and all questions of interpretation of the Conditions shall be resolved by reference to the same as written in English. If the Conditions are translated into foreign languages, the English version will prevail for all purposes, including any disputes or claims that may be resolved by any legal proceeding.

All communications between the parties arising out of or in connection with the Conditions shall be in English