Beretta E-Store– General Terms and Conditions of Sale
The following general terms and conditions of sale (hereinafter “T&C”) apply to all sales contracts entered into between Fabbrica d’Armi Pietro Beretta S.p.A., a company incorporated and regulated by Italian laws, with registered office in Via Pietro Beretta 18, Gardone Val Trompia, Italy (hereinafter, “BERETTA”) VAT no. 01541040174, which manages this website and the Customer who may reside in any country in which this website is or shall be operating (hereinafter, “Customer”).
Customer shall read these T&Cs carefully before placing a purchase order on this website given that all purchase orders placed on this website are subject to the T&C. By accepting these T&C, the Customer confirms and declares to be a consumer and is purchasing BERETTA products for personal use only, and not for resale within the scope of any form of business or commercial activity. Therefore, the order shall be deemed valid when placed in accordance with standard consumer requirements, taking into account the total number of products purchased regardless of the number of orders.
The display of the products and services on the BERETTA website constitutes an invitation to offer. In order to place the order, the Customer is required to add the products and/or services to the shopping cart and enter the required information (e.g. delivery address, payment method, etc.). The Customer can then submit the order to BERETTA: this action is intended as a contractual purchase proposal sent by the Customer to BERETTA. Therefore, orders placed by the Customer shall only be binding on BERETTA after due acceptance and confirmation of the same is sent by BERETTA to the Customer by email. BERETTA is entitled, at its sole discretion, to refuse an order or decide whether to accept in whole or in part any modifications requested by the Customer, provided that such requests are received by BERETTA prior to the packaging phase of the selected articles. No payment shall be actually charged until shipment has taken place, without prejudice to the price of the purchased article at the time the order was placed.
If one or more articles in the Customer's order are no longer in stock (not only temporarily), BERETTA shall have no supply obligations; BERETTA shall inform the Customer that the article ordered is no longer available and shall not charge the amount reserved and indicated for the article in question. The reserved amount shall be made available again in accordance with standard banking rules and regulations.
Articles prices shall always be invoiced in euro and are inclusive of applicable VAT. BERETTA shall do its best to ensure that the prices indicated on the website are always correct and up to date. Should these prices be incorrect:
(i) if they are lower than the correct sales price, BERETTA may decide not to accept the order;
(ii) if they are higher than the correct sales price, BERETTA shall charge the Customer the correct sales prices only.
Shipping and delivery costs shall be charged to the Customer at the time of shipment, according to the applicable shipping rates listed in the relative section of the website.
The articles purchased by the Customer shall be delivered to the indicated delivery address. Delivery times shall be deemed as purely indicative.
BERETTA is entitles, at its sole discretion, to refuse, suspend or cancel the shipment or fulfilment of any of the obligations envisaged by the sales contract entered into with the Customer, in the event of any material breach by the Customer of the obligations arising from previous or ongoing sales contracts entered into with BERETTA.
The Customer is entitled to exercise the right of withdrawal and return the purchased articles, within 14 days from the day the articles are received. In order to exercise the right of withdrawal, the Customer shall send formal notice to BERETTA within the 14 day deadline period and in accordance with the provisions established in the https://estore.beretta.com/it-it/utility/politiche-di-reso section. Upon completing the withdrawal process, BERETTA shall issue a refund for the payments received for the returned articles, excluding any previously charged shipping costs. No additional cost shall be charged to the Customer, except for the direct costs incurred by the Customer to return the article, unless special promotions apply. The refund shall only be issued when all the conditions envisaged by points i, ii, iii and iv in section 7 have been met.
In addition to the statutory right of withdrawal, articles can also be returned by the Customer within an additional 30 day period. No refunds are envisaged for any purchase or shipping costs incurred by the Customer to receive the articles. Following the return of the articles to BERETTA, the sales contract shall be deemed to be terminated for all intents and purposes, and all related obligations, rights or claims shall also lapse, except in the case where the articles returned to BERETTA are damaged. In such cases, BERETTA shall be entitled to withhold payment for the articles already paid for by the Customer. To carry out the return, and prior to shipment, the Customer shall complete the RMA form (A4 sheet) found inside the package received. The articles shall be shipped to BERETTA, Beretta Distribution Center, c/o GXO, Via Lago Maggiore, 44, 36077 Altavilla Vicentina (VI) Italy, at the Customer's risk and expense. In addition to the above terms and procedures, the right to return the articles shall be deemed as duly exercised by the Customer when the following conditions have been met:
- the articles returned must not have been used, worn, washed or damaged;
- the product identification tag must still be attached to the article together with the warranty seal;
- the articles must be returned in their original packaging, with any accessories or instruction manuals;
- the label found inside the package must be affixed to the outside of the returned articles box.
Upon receiving the returned articles, BERETTA shall verify due compliance with the above procedure and that all relevant conditions have been met in a timely manner. As soon as BERETTA can confirm that the conditions have been met, it shall send the Customer an email confirming acceptance of the return and the commencement of the refund process. This ensures that the Customer receives a refund of the amount paid within thirty (30) business days regardless of the payment method used by the Customer, except for shipping charges. The refund of the amounts paid by the Customer shall always be effected exclusively to the same Customer and directly to the credit card or Paypal account used for the purchase. In cases where the above conditions have not been met, Beretta shall send the Customer an email with formal notice of the refund refusal, whereby the Customer shall not be entitled to receive any refund for the amount paid to BERETTA; the Customer shall nevertheless be entitled, at its own risk and expense, to have the article redelivered. It is understood that if the Customer does not request for the article to be redelivered, BERETTA shall be entitled to retain the article together with the amount received pursuant to the original transaction.
The right of withdrawal and return policy envisaged by the articles above do not apply:
· if the Customer has purchased tailor-made and/or bespoke articles;
· if the Customer has purchased goods that may deteriorate rapidly;
· if the Customer has acquired services, the performance of which has already begun at the time the right of withdrawal was exercised.
Notwithstanding the provision of section 10 below, the Customer shall be granted a warranty covering defects on articles purchased on the www.estore.beretta.com website for 2 (two) years from the date of delivery, provided that the defect is reported to BERETTA within 2 (two) months of the defect being discovered. Any request received after this deadline shall be deemed null and void. Notwithstanding the following conditions, the Customer shall be entitled to a refund of the amount paid for faulty articles. Before shipping any faulty articles back to BERETTA, the Customer must call the freephone number 800 929 282 (Mon-Fri 9:00-12:00 and 14:00-17:00 on business days) to request authorisation (RMA) to proceed with the return of the faulty article. As soon as BERETTA receives the faulty article, and ascertains that the articles does not meet the required quality standards, it shall send the Customer an email confirming acceptance of the faulty article and the commencement of the refund process. This ensures that the Customer receives a refund of the amount paid within thirty (30) business days regardless of the payment method previously used by the Customer. The paid amounts shall be refunded exclusively to the Customer who effected the payment. On the contrary, if Beretta does not accept the defect as failure to meet the required quality standards, it shall send an email to the Customer with formal notice of the refund refusal and the possibility to have the article redelivered at the expense of the latter.
The information and material provided on this website are “as is” (T.N.: “As is” is an untranslatable legal term used to exclude certain warranties implied by the sale of a product) and offer no form of guarantee, express or implied. BERETTA disclaims all and any liability with respect to the
warranties of merchantability or fitness for a particular purpose which are expressly excluded to the extent permitted by applicable law. BERETTA is not responsible for insubstantial differences between what the Customer has purchased and the images and the information indicated on the website.
In the event where one or more of these T&C should become null and void, illegal or ineffective, the remainder T&C shall remain valid legal and enforceable. The ineffective provision(s) shall be replaced by another valid provision(s), which takes into account the intention and contents of the same, in accordance with and pursuant to the applicable law(s) in force.
- These T&C are governed by Italian law.
- All disputes or claims shall be the jurisdiction of the Court in the place of residence or domicile of the Customer pursuant to Leg. Decree no. 206/2005.
- These T&C may be amended unilaterally by BERETTA. The Customer shall be subject to the T&C applicable at the time the order is placed, without prejudice to any regulatory or statutory amendments in respect of which the application shall also apply to orders already placed.
- In the event of any breach of the T&C by the Customer, failure by BERETTA to exercise the relative rights shall not be deemed to constitute an implied waiver of action.