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TERMS AND CONDITIONS

MAIL & PHONE

WHERE WE ARE

Bramier, founded in 2022, with the aim of stimulating change within a timeless industry, was born to create watches for people who seek scrupulous attention to every single detail.

info@benclerwatch.com

info@benclerwatch.com

EMBRU Srl  - Via Riccardo Wagner 64 95024 - Acireale (CT) Italia 

 

TERMS OF SERVICE

1.  Overview

This website is managed by EMBRU S.r.l. with registered office in Via Riccardo Wagner N. 64 Acireale (CT) Italy.

EMBRU S.r.l. offers this website, including all information, tools and services available from this site to the user, conditioned on the user's acceptance of all terms, conditions, policies and notices set forth herein.

By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and practices referenced herein and/or available via hyperlink. These Terms apply to all users of the site, including, without limitation, end users, suppliers, customers, merchants and/or content contributors.

Any new features or tools added to the Site after this document is posted will also be subject to these Terms. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our shop is hosted on Flazio. Said company, provides the online e-commerce platform that allows us to sell you our products and services.

 

2.     Online Store Terms

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are over the age of 18.

It is not permitted to use this Service for purposes and in ways contrary to applicable laws.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in the immediate termination of the provision of the Service, subject to compensation for any damage suffered by EMBRU S.r.l..

 

3.     General conditions

We reserve the right to refuse to provide the Service to anyone for any reason at any time.

You understand that some data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of the connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from our.

 

4.     Accuracy, completeness and timeliness of information

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain some historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to change the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

5.     Product display

We have made every effort to display as accurately as possible the colors and images of the products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

6.     Accuracy of billing and account information

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or with the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting you via e-mail or at the billing address or telephone number that you provided when placing your order. We reserve the right to limit or refuse orders which, in our sole judgment, appear to be placed by resellers, resellers or distributors.

You agree to provide current, complete and accurate payment information for all purchases made in our store. You also agree to promptly update your account and other information, such as your email address, credit card numbers and expiration dates, so that we can complete transactions related to your orders and contact you as needed.

 

7.     Optional tools

We may provide you with access to third party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsements. We shall have no liability arising out of or relating to your use of optional third party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third party providers.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

 

8.     Third-party links

Some content, products and services available through our Service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we make no warranty and shall have no responsibility for the content of any third party websites or any other third party services.

We are not responsible for any harm or damages relating to your purchase or use of any goods, services, resources, content, or any other transactions you make in connection with third party websites. Please review the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, complaints, concerns or questions regarding third party products should be directed to said third party.

 

9.     User comments, feedback and other submissions

If, at our request, you send certain specific contributions or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials through our site, by email, mail or otherwise (collectively, "Comments") , you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such content any comments you submit to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) pay compensation for any comments; or (3) to respond to any comments.

We may, without having to do so, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes the intellectual property of any party or these Terms of Service.

You agree that your comments will not infringe any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for any comments you post and their contents. We assume no liability for damages caused by any comments posted by you or any third party.

 

10. Personal information

Your submission of personal data through the store is governed by our Privacy Policy.

 

11.  Errors, inaccuracies and omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site is inaccurate at any time, without notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our Site, including, without limitation, pricing information, except as required by law. No specified update or applied update date in the Service or on any related website should be taken as an indication that all information in the Site or on any related website has been changed or updated.

 

12. Prohibited uses

In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) solicit others to do or participate in any unlawful act; (c) violate any local or international regulation, rule, law or ordinance; (d) violate or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, insult, harm, defame, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) provide false or misleading information; (g) upload or transmit viruses or any other type of harmful code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spam, phishing, spider, crawl or scrape purposes; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or other websites or the Internet. We reserve the right to discontinue providing the Service in connection with any violation.

 

13. Exclusion of guarantees and limitation of liability

We do not warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice.

You expressly agree that your use or inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall EMBRU Srl, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be held liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or damages of any kind, including, without limitation, lost profits, lost income, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind suffered as a result of the use of the Service or any content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility.

 

14.  Compensation

You agree to indemnify, defend and hold harmless EMBRU S.r.l. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of any third party.

 

15. Partial nullity

In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law. This does not affect the validity and enforceability of any other surviving provisions.

 

16. Applicable law

These Terms of Service and any separate agreements under which we provide the Services will be governed by and construed in accordance with the laws of Italy.

 

17. Changes to the terms of service

You can review the most recent version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

18.  Contact information

Any questions about these Terms of Service should be sent to info@benclerwatch.com

VAT number 05984590876 | www.benclerwatch.com @ All Right Reserved 2023

VAT number 05984590876 | www.benclerwatch.com @ All Right Reserved 2023

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GENERAL CONDITIONS OF SALE

The following General Conditions of Sale govern the offer and sale on the website benclerwatch.com (hereinafter the "Site") and are drawn up in compliance with the legislative provisions of the Italian Civil Code, Legislative Decree no. 70/2003 on information society services and electronic commerce and Legislative Decree 206/2005 (hereinafter "Consumer Code").

The products marketed on benclerwatch.com are sold directly by EMBRU Srl (hereinafter, the "Seller"), with registered office in Via Riccardo Wagner 64 - 95024 Acireale (CT), Tax Code – VAT number 05984590876

 

1. Scope of application

The General Conditions of Sale apply and govern all sales contracts concluded through the Seller's Site, as identified above.

The purchase of products on the Site is reserved exclusively for natural persons (hereinafter "Users") who act as consumers and who are over the age of 18.

By "consumer" we mean any natural person who acts for purposes unrelated to any commercial, entrepreneurial, artisanal or professional activity carried out.

The General Conditions of Sale may undergo changes and each User is required to consult them before proceeding with any purchase. It is the User's responsibility to check the General Conditions of Sale before submitting the order.

The Seller is never responsible for the supply of "Bencler" branded products by third parties present on the Site through links, banners or hypertext links. Before confirming orders to third parties, the User is required to check the respective conditions of sale.

As an online seller, EBRU Srl is not required to issue an invoice (nor a receipt or tax receipt) to consumers who are not VAT registered, according to art. 22 of the Decree of the President of the Republic of 26/10/1972 n. 633 and article 2, letter o) of the Presidential Decree of 21 December 1996, n. 696 (as confirmed by Resolution no. 274/E of 5 November 2009).
The request to issue the invoice is possible no later than the moment the order is placed pursuant to art. 22 Presidential Decree 633/1972.

 

2.   Conclusion of the contract

These General Conditions of Sale are an integral and essential part of the sales contract between the Seller and the User. The electronic sending of the order by the User implies full knowledge and full acceptance of these General Conditions of Sale, the Conditions of Use of the Website and the Privacy Policy.

To proceed with the online purchase of one or more products, the User must provide the Seller with all the data necessary to allow the latter to execute the orders placed.

To conclude the purchase contract, the User must send his order using the appropriate electronic order form provided on the Site. The electronic sending of the order causes the User to pay the final price. indicated there.

To complete the purchase, the User is required to confirm payment of the price of the products placed in the cart. Orders that do not register the corresponding transaction are not processed.

When the User places an order, he receives an e-mail containing the confirmation of receipt of the order and a summary of the same.

 If the products presented on the Site are no longer available at the time of the last access to the Site or since the order was placed, the system will notify the User of the unavailability of the products ordered, via an error message. In the event that the purchase is nevertheless registered, it will be the Seller's responsibility to inform the User of the unavailability of the products ordered, within 5 days starting from the day following the one on which the order is sent. In the event of payment, the Seller will refund the price without being required to pay further compensation.

The order form contains a reference to these General Terms and Conditions of Sale and to the Privacy Policy, as well as a summary of the essential characteristics of each product ordered and the relative price, the means of payment accepted, the delivery options for the products purchased and shipping costs.

The User can, at any time, monitor the status of his order and access the history of his past orders through his account on the Seller's Site or by consulting the Customer Service via the email address info@benclerwath.com

 

3.   Characteristics of the products for sale on the Site

The products offered for sale through the Site are wrist watches and related accessories, which are present in the online catalog at the time of the order.

The product catalog can be updated and modified periodically, therefore the permanence of a product among those available online is not guaranteed.

Each product is presented through a special product page where all its essential characteristics are reported; the images and colors of the products may not exactly correspond to the real ones due to the settings of the devices with which the User accesses the Site. The images of the products must therefore be considered indicative and subject to normal usage tolerances.

 

4.   Sale prices

The prices of the products for sale on the Site are inclusive of VAT and any other tax that may be applicable to the sale to Users who purchase from a state belonging to the European Union, the Vatican City State and the Republic of San Marino.

In the case of Users who place an order from a state other than those listed above, the price is indicated net of VAT and any additional tax that may be applied in the country of destination. If applicable, this tax will be collected upon delivery of the product. The product may be subject to import duties which, if applicable, will also be collected upon delivery of the product.

The shipping address indicated by the User in the order form determines the geographical origin of the order.

Product prices may be subject to updates and changes. The User is required to check the final sale price before submitting the relative order. The obvious material error in the price shown on the Site - compared to the commonly known price of the selected product - entails the Seller's right not to confirm the shipment and proceed with the immediate refund of the purchase value paid by the User, without the latter being able to oppose exceptions in this regard.

The costs and types of shipping provided may vary depending on the country and the shipping methods chosen by the User.

These expenses and any additional costs are charged to the User. The relative amount will be expressly and separately indicated in the order summary, before the User proceeds with the transmission of the same, as well as in the order confirmation e-mail.

Terms of payment

The User can choose one of the payment methods indicated in the order form.

 The amount of the order will be charged at the time of payment, unless the installment (Scalapay) or deferred payment method has been chosen.

The User is solely responsible for the correctness and accuracy of the data entered and guarantees to use only means of payment (credit/debit cards, payment service accounts) of which he has legitimate availability.

 

6.   Delivery methods

The products are delivered, via agreed couriers, directly to the User, or to a person expressly indicated by them, to the shipping address specified in the order.

The Seller will do its best to fulfill the order sent within 48 working hours and in any case no later than 30 days from the day following the day on which the User sent the order.

Delivery times include working days only and do not include holidays.

The Site allows you to request delivery of the products ordered to an address other than the User's own, provided that it is included in the User's country of residence as indicated in the space reserved for the billing address; in any case it is the User's responsibility to indicate all the references necessary for the successful delivery.

 The User will be notified about the fulfillment of his order through a specific message sent to the email address indicated in the order form.

 

7.   Pre-orders

In cases where the purchase of products not yet made ("pre-orders") is proposed, this circumstance will be notified to the User by means of a specific indication on the Site.

The delivery terms referred to in begin to run from the moment in which the Seller obtains possession of the products themselves.

Without prejudice to the application of art. 1472 of the Civil Code.

 

8.   User obligations

It is strictly forbidden for minors to place an order on the Site.

The data entered during the purchase phase must be exclusively one's real personal data and not those of third parties or fictitious. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.

The User indemnifies the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the User, being himself solely responsible for the correct insertion.

The User is required to verify the contact and shipping details before completing the purchase through the appropriate summary table shown at the end of the order procedure. The Seller declines all responsibility deriving from an error in entering data not attributable to them, including the possible loss of the purchased product.

Upon receipt of the products, the User is required to verify their conformity in relation to the order. In particular, he must pay attention to the correspondence between the number of packages indicated on the carrier's letter and those delivered and to the integrity of the package.

 

At the same time, the User is required to report the fact to the Seller's Customer Service by communicating it via the email address info@benclerwatch.com

If the User accepts the delivery of products contained in tampered with and/or damaged packaging, he will lose the legal guarantee of conformity of the products.

 

9.   Responsibility

The Seller assumes no responsibility for disservices attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes, earthquakes and other events that prevent, in whole or in part, from executing the contract within the agreed times.

The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the customer having the right only to a refund of the price paid.

Likewise, the Seller is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, when paying for the products. In fact, the Seller, at no time during the purchase procedure, is able to know the User's credit card number which, by opening a secure connection, is transmitted directly to the payment service manager.

 

10. Right of withdrawal

The User has the right to withdraw from this contract, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or another person - other than the carrier and designated by him - acquires physical possession of the products.

 I. Exercise methods

To exercise the right of withdrawal, the User must inform the Seller of his decision to withdraw from this contract by means of an unequivocal declaration to be sent

by mail, to the following address:
EMBRU S.R.L.
Via Riccardo Wagner 64
95024 Acireale (CT)
Italy
by email, at the following address:
info@benclerwatch.com
If the User chooses this option, a confirmation of receipt of the withdrawal will be sent to him via email without delay.

To this end, the User can also use the model withdrawal form to be requested by email at info@benclerwatch.com, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.

To be entitled to a refund, the item to be returned to the Seller must be unused and in the same condition in which it was received. The User must also return the original packaging. To complete the return process, a receipt or proof of purchase is required.

 II. Shipping

To return a product, you must send it to:

EMBRU S.R.L.
Via Riccardo Wagner 64
95024 Acireale (CT)
Italy

The shipment must take place without delay and in any case within 14 days from the date on which the User communicates the withdrawal.

The User will have to pay the shipping costs for returning the item. These charges are non-refundable.

It should be noted that, in the event that the returned product is replaced, depending on the place chosen by the User for delivery, the time required for the new product to be delivered may vary.

You should consider using a trackable shipping service or purchasing shipping insurance. The Seller assumes no responsibility if the product to be returned, under any circumstances, is not delivered.

 III. Effects of withdrawal

If the User withdraws from this contract, all payments that he will have made to the Seller will be refunded, including delivery costs (with the exception of additional costs deriving from any choice by the User of a type of delivery other than least expensive type of standard delivery offered by the Seller), without undue delay and in any case no later than 14 days from the date on which the Seller was informed of the User's decision to withdraw from this contract. Without prejudice to the application of art. 56.3 of the Consumer Code. These refunds will be made using the same means of payment used by the User for the initial transaction, unless he has expressly agreed otherwise; in any case, the User will not incur any costs as a result of such reimbursement.

Once the return has been received and inspected, the Seller will inform the User about the approval or rejection of the refund via email.

If approved, the refund will be processed and credited to your credit card or original payment method.

The Seller may suspend payment of the refund until receipt of the products or until the User has provided proof of having sent them back.

 IV. Partial refund

A partial refund is granted (if applicable) when an item is not in its original condition, is damaged or has parts missing for reasons not due to Seller's error.

 V. Delayed or missing refunds

For the User who has not received the expected refund, it is recommended first of all to monitor his bank account and, if necessary, contact the company that issued his credit card and his bank, as it may take some time before the refund is officially registered.

If these initiatives have not been successful, the User can contact the Seller at the email address info@benclerwatch.com

 YOU. Substitutions (if applicable)

The Seller undertakes to replace the items only if they are defective or damaged. If a replacement with the same item is desired, the User can contact the Seller at the email address info@benclerwatch.com and send the item to be replaced to:

EMBRU S.R.L.
Via Riccardo Wagner 64
95024 Acireale (CT)
Italy

 VII. Limitations on the right of withdrawal

The Seller does not accept the return of products that are clearly customized or assembled at the express request of the User. Therefore, the latter will not be entitled to any replacement or refund.

Warranty and compliance

The Seller has the obligation to deliver to the User goods compliant with the description given in the sales contract and is liable for any lack of conformity of the products existing at the time of delivery or which occur within two years of delivery.

For the purposes of the above guarantee to be valid, the User must report the lack of conformity to the Seller within two months of discovery, under penalty of forfeiture, by contacting Customer Service at the email address info@benclerwatch.com. The complaint must contain an accurate and complete description of the alleged faults/defects.

The Customer Service will inform the User of the instructions for returning the product.

The User will have the right to request, free of charge, the repair of the product or, alternatively, the replacement, an adequate reduction in the price or the termination of the contract pursuant to and within the limits set out in Article 130 of the Consumer Code . Pursuant to paragraph 10 of the art. 130, in the event of a slight fault/defect, the User will not have the right to terminate the contract.

In any case, lack of conformity deriving from damage due to accidental events or from the User's responsibility for use that does not comply with the intended use of the product are excluded from the legal guarantee.

 

12. Applicable law

Any dispute relating to the application, execution, interpretation and violation of sales contracts stipulated through the Site is subject to Italian law.

 The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is expressly excluded.

In any case, the rights possibly attributed to the Consumer by mandatory provisions of law in force in the State of residence or domicile of the latter will remain unaffected.

 

13. Changes and Updates

The Seller reserves the right to modify the Site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The User who accesses the Site and submits an order will adhere to the policies and terms of the General Conditions of Sale in force from time to time at the time the order is placed, unless any changes have retroactive effect under the applicable law . If one of the provisions herein is deemed invalid, void or unenforceable, this condition will not affect the validity and efficacy of the other provisions.

 

 

14. Pre-Order

The pre-order consists of ordering an item which, when purchased, is not physically available in our warehouse but is still in a phase of the production process which will then be finalized on the basis of the overall bookings collected. Delivery times therefore differ from the usual order fulfillment times. It is possible to request the modification of the model chosen from those present in the collection offered in pre-order.

If your order includes other products in addition to the pre-ordered one, we will proceed to send these items within the usual shipping times and we will proceed with a second shipment containing the pre-ordered product once it is ready to be sent .

 

Cancellations are allowed within 48 hours of the pre-order date.
To cancel your pre-order write to our assistance via our email: info@benclerwatch.com. Remember to provide the number of the order you wish to cancel and include it in your request.

Once the order has been canceled you will receive a confirmation email certifying the cancellation and indicating the issue of the refund.

 

15. Customer Service and Communications

The User may request any information in writing through customer service at the following email address: info@benclerwatch.com

 

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