Terms of service

GENERAL CONDITIONS

OF PURCHASE AND USE

1. Introductory rules

These general conditions regulate the use of the internet portal www.berenize.com as well as the copyrights registered therein (licenses) as well as the general conditions of purchase of the products sold via the internet platform. These also regulate the contractual conditions between buyer and seller.

These general conditions must be carefully consulted by buyers or even just users for viewing (therefore without final purchase) of the internet portal, as well as the Privacy Policy conditions as well as the documentation relating to the use of Cookies and tracking by the internet portal.

The consultation must take place before using this website or any other service linked directly or indirectly to this website.

The use of this website, of directly or indirectly related services, as well as the sending of an order, is equivalent to and implies acceptance of these general conditions.

If the end user, having read the following general conditions as well as the Privacy Policy as well as the use of Cookies, does not agree and does not accept what is indicated therein, he or she must abandon browsing this website.

2. Intellectual property of the Brand as well as of the web portal and related contents

The “Berénize” brand, as well as in all its forms of use or advertising (internet domain, paper advertising, social media advertising, marketing, etc.) is a registered and protected trademark owned by the esteemed individual company GWELLE di Gaia Pappi ( CHE-454.252.125), Piazzale Roncàa 4, CH-6850 Mendrisio, hereinafter referred to as the owner.

This company, governed exclusively by Swiss law, in addition to being the owner of the registered trademark "Berénize", is also the owner of the internet domain "www.berenize.com" as well as the entire related website, including its intellectual property and will be the final seller.

With the registration of the aforementioned trademark at the level of the competent authorities, any abuse of the same, be it copying or even simple graphic similarity or pronunciation, will be prosecuted in the appropriate legal offices.

The sale of goods that are advertised and sold through this site is operated directly by the individual company GWELLE di Gaia Pappi, hereinafter the company or possibly through third parties, including auxiliaries, specifically appointed. All contact details relating to the sole proprietorship are available in the appropriate location on this website.

By using the system and the web portal, you agree that all copyright in the brand and merchandise, registered trademarks as well as any other copyright and intellectual property rights in the material, ideas, content and others are owned by the esteemed GWELLE of Gaia Pappi.

The use of the material subject to the rights indicated above is authorized solely for the purchase purpose indicated in these conditions, other uses being expressly prohibited, except written authorization from the company GWELLE di Gaia Pappi.

3. Buyer data, access to the website, use of the website

Personal data, personal information, navigation data and any other personal data used during navigation, purchases or other contact with the website will be processed as established in the specific document relating to the Privacy Policy.

By ordering products via this website, as well as by simply using it, you accept and confirm that:

1. The website is not used for illicit or immoral purposes;

2. The data entered is truthful and correct and not fraudulent and is used by the site staff for the intended purposes;

3. The website is used for the purpose for which it was created, i.e. to proceed with the purchase of goods sold or simple consultation of the goods with a view to possible purchases;

4. The website is not used to copy any content, merchandise or design thereof;

5. The orders placed are truthful and not false or fraudulent or made with the aim of harming third parties. In case of doubt, the company reserves the right to report the abuse to the competent judicial authorities with relative cancellation of the order;

6. That in case of lack of completeness of the data necessary for processing the order, the same may be cancelled.

7. That at the time of the order, the buyer is an adult under Swiss law (over 18 years) and is capable of understanding and will, therefore having the civil and legal capacity to enter into contracts under Swiss law.

8. Who will not use the website, the portal, the servers, the hosting and everything related to these pages, for virus and computer piracy purposes, directly or indirectly. In the event of a cyber attack on this web page, the company declines all responsibility due to any material and immaterial repercussions on the user's equipment.

9. That within the website there may be access to third-party internet resources or domains, such as social networks, links to websites, links to messaging systems, etc.

10.  That the company excludes any responsibility for the use of access to external   resources or third-party internet domains as described above, and in particular that the company does not bear any direct or indirect responsibility from the moment the user decides to use the link on the company page.

Any violation of the above rules will be prosecuted in accordance with the law.

The user also accepts, within the limits of the rules in force referred to in the Privacy Policy, that through the use of this website, there is express authorization for communications to take place both in written form, as well as in digital form, via email service, social networks or any electronic messaging services.

The user also accepts that the contractual documentation and any other document regarding the use of the website as well as the purchase of goods has legal validity even with the sending of the electronic form.

Any complaint due to the use of the web platform, as well as legal relationships with the company or sales contracts must imperatively be sent to the following email address: customer@berenize.com.

The same address will be used in case of problems encountered with the sale as well as with the shipping or use of the website.

The company guarantees, except in the case of special conditions, a contact and/or response within 5 working days of receiving the communication at the address indicated above.

4. Sales territoriality

In addition to being on Swiss soil, consultation of the website is available worldwide, while initially the sale (and therefore the related purchase) will be able to take place not only on Swiss soil but also on European Union soil, including the United Kingdom.

When sales (and therefore related purchases) become available in territories outside the European Union and the United Kingdom, the system will be automatically implemented in this sense without the need to modify these general conditions.

Sale will be precluded in territories or states whose trade the company deems difficult if not prohibited, such as states in a state of war, states with the impossibility of importing, states affected by international sanctions, etc.

The company, at its own discretion, may decide to add or remove states in which it is not possible to make purchases from the list.

In any case, if the user is in a State explicitly or implicitly excluded from sales, as well as in a State outside the European Union for which there is no possibility of purchasing yet, he can contact the company at the email address customer@ berenize.com to evaluate whether there are purchase possibilities or alternatives.

5. Stipulation of the contract

Simply viewing the site, the related products as well as consulting the related information does not constitute the signing of a sales contract, nor does it constitute a binding purchase offer by the company.

Even the completion of the order and related payment by the buyer does not equate to formal stipulation of the contract. This is a binding offer proposed by the buyer to the company for a certain product, at a certain price according to certain methods.

The contract is stipulated, with the resulting rights and obligations, as soon as the order is processed and accepted by the company, both automatically and manually.

Therefore, until the order is confirmed by the platform, the contract has not been perfected.

In the event that the order is not accepted for any reason, and the payment has already been credited to the company, the latter will return the sum paid to the buyer without any addition of interest or figures to cover other items, whatever they may be. they are. The company can refuse the contract at any time without giving any reason. However, the company will no longer be able to refuse the contract, and therefore the related order, once the same has been formally accepted with relative confirmation.

The order is considered to be placed as soon as the buyer, according to the online purchasing procedure, has ordered the goods and made the payment; the contract will be binding for the parties as soon as the order confirmation is sent, i.e. an email notifying the receipt of the order and its processing, with confirmation that it has been accepted.

Only with this confirmation will the contract between the parties come into existence with all the obligations and rights deriving from it.

Following receipt of order confirmation, the company will process the order by preparing the goods for shipment if in stock or by ordering said goods if they are not in stock.

In the case of pre-sales of goods that are not yet available, with the order confirmation the company will take steps to procure the goods to proceed with the relevant shipment.

Shipping terms and conditions are regulated in the appropriate chapter.

In any case, the subject of the contract will be only the products actually ordered and actually paid for.

6. Refusal of the contract, availability and modification of goods sold

Product orders are subject to product availability. The web portal will indicate the products that are immediately available and the products that are not immediately available.

The buyer acknowledges that, for products not in stock, delivery times may be longer depending on production times. Any delays resulting from the above cannot be attributed to the company. 

At any time the company can change the choice/offer of goods for sale, such as type, type, color, etc.

All changes are valid immediately and do not need to be justified.

The modification does not take effect for orders already placed and confirmed. In that case, the ordered goods – even if subsequently removed from sale – will actually be delivered.

The exception applies in the event that the goods are ordered from the manufacturer after the order, and the manufacturer communicates a lack of availability of such goods.

In this and only case, and only if the order has already been confirmed, the company will be able to offer the buyer similar replacement goods as well as propose a full refund of any amounts already paid if the replacement goods are not accepted.

The buyer is not obliged to accept the replacement goods and can obtain a full refund of the amount paid. No interest is given on the amount paid, and the buyer cannot even claim damages or anything else.

Therefore, any liability for removal of products, elimination or modification of any material or content of the website is exempt from liability towards the buyer or third parties, who will have no claim against the company.

 

7. Contractual validity and assignment of rights

The contract of sale and purchase of goods, once finalized, is binding for both the company and the buyer.

It is expressly forbidden to assign or even simply transfer the rights deriving from the contractual legal relationship, as well as any obligations without prior written consent from the company.

The company, to fulfill its contractual duties, may on the other hand assign to third parties, transfer, sub-contract or otherwise dispose of the contractual rights and obligations at any time, without this causing prejudice to the buyer, whether economic or financial. other type. That is, the assignment by the company will have no repercussions on the rights due to the buyer on the basis of these general conditions, nor will it reduce or limit in any other way any of the guarantees or liabilities of the company.

8. Pre-order goods

The company can also make available, on the website, certain pre-order items, i.e. items that are not yet available in stock but which will be available in a timeframe that can vary from a few weeks to a few months. The pre-order goods concern the start of the business as well as new models or new products or other products decided by the company.

The pre-ordered goods can be regularly purchased, the buyer remaining aware that the delivery times of such goods will be extended over time up to 3 months, without this being the responsibility of the company.

In order to overcome the waiting time indicated above, the pre-ordered goods will be sold at a lower price than when they become available.

The above offer (lower price) will only be valid for the goods specifically indicated on the site with the wording "pre-order" and not for goods not in stock. The user will therefore not be able to claim the advantageous conditions of the "pre-order" goods if they are not identified in this way on the website.

In the event that the said goods are not yet available and therefore ready for shipment within 3 months from the date of the order, the buyer will have the right to request the cancellation of the order with the return of what has already been paid, rather than asking for a replacement and equivalent item, at the same price.

9. Delivery terms and shipments

For the sale and delivery of the relevant goods, except as indicated above regarding pre-sales, the following conditions apply:

• Goods in stock: for goods in stock, they will be shipped with the relevant shipping method (which will be discussed later) within 72 hours of order confirmation;

• Goods not in stock: for goods not in stock, they will be ordered within 72 hours of order confirmation for the relevant production. Once it enters the warehouse, it will be shipped within 72 hours of receipt and delivery to the warehouse.

From the above, extraordinary and unforeseeable circumstances are excluded. In the case of a high order volume, the preparation and shipping times of the goods could also be extended accordingly without this amounting to non-compliance on the part of the company.

In the event that it is not possible to respect the above times, the company will immediately inform the buyer by communicating indicatively the delay and giving the possibility of the following options: maintain the order rather than cancel the order with consequent refund of the entire amount paid.

The goods are shipped via the UPS United Parcel Service (Switzerland) SA – Switzerland company and its affiliates / joint ventures, via the UPS EXPRESS SAVER service, insured.

The delivery times estimated by the shipper are not and will not be binding on the company in any way.

In this sense, since the goods were delivered to the transport company within the aforementioned terms, the timing of shipping and delivery of the goods is no longer the responsibility of the company as it is outside of its competence and control.

In the event that - therefore - there are delays in delivery, the buyer will not be able to claim anything from the company since the goods were delivered to the transport company within the terms indicated above. Nor will it be possible to request cancellation of the order due to delay.

The buyer should be aware that, for international shipments, longer delivery times must be taken into consideration due to the customs procedures of the buyer's country of residence.

For each shipment, the relevant tracking number (UPS tracking) assigned by the shipper to the shipment will be provided.

Delivery takes place (as regards the warranty and return terms) at the moment in which the goods are acquired, by the buyer or by an indicated or authorized third party; i.e. from the moment of taking possession of the goods.

That is, the goods are delivered when they are delivered by the courier upon signature of the delivery receipt or upon indication from the courier that the goods have been duly delivered (confirmation via postal tracking).

In the event that - at the buyer's request - the goods were deposited without requesting a collection signature, delivery will have taken place at the moment in which the goods are left unattended, regardless of when the buyer sees them.

In the event that the delivery was returned to the company (refused, or it was not possible to make the delivery for other reasons), the company will contact the buyer asking if there is a desire to purchase the goods. 

In the event that the buyer confirms that he wishes to keep the order, the goods will be returned to the buyer after the buyer has paid 10% of the purchase price equal to administrative and management costs.

In the event that the buyer renounces the order (or does not respond within 24 hours of the company's request), the order will be considered abandoned. 

The company will return to the buyer what has already been paid, deducting the amount equal to 20% of the purchase price as administrative and management costs and missed purchase.

For pre-order goods, the buyer accepts that the above terms will not be respected and the shipping and delivery time may be extended up to a maximum of 3 months.

In the event that, within 3 months, it is not possible to ship the pre-ordered goods, upon communication from the company the buyer will be able to decide whether to maintain the order or rather renounce it with a refund of the amount already paid in terms of payment, as indicated above.

In any case, the company does not assume any responsibility for delays or failures in the execution of its obligations due to force majeure beyond its control.

10. Acquisition of ownership and transfer of risks

The transfer of ownership of the goods occurs when the goods have been deposited by the shipper as indicated in point 9) above.

As regards the transfer of risks, pursuant to what is indicated in the previous article 9), the risk (loss and/or alteration in any way, including damage) passes to the forwarder from the moment the goods arrive the latter delivered for the relevant shipment. The freight forwarder's insurance conditions apply.

Subsequently, the transfer of risks will pass to the buyer when the goods are deemed delivered in accordance with the above.

Should there be any damage, loss or problems of any other type during shipping, the shipping company indicated above to which the user/buyer must contact will be solely responsible.

11. Price

The purchase price of the products is that indicated on the website, except where an obvious disproportion emerges from the same demonstrating a clear typing error.

In the event that, after the order, it is verified that the price indicated and paid is incorrect, the company will give the buyer the opportunity to choose whether to keep the order, paying the corresponding correct price (with payment of the difference) or if rather cancel the order.

 

If the buyer does not respond within 24 hours of the above request, the order will be canceled with a full refund of the amount paid.

 

Any obligation on the part of the company to supply the goods at the lower price incorrectly indicated and incorrectly paid is excluded.

 

The prices on the website will, where possible, be in the local currencies of each Country.

 

For Switzerland: prices are VAT excluded. VAT will be calculated at checkout, once customers will have entered Switzerland as country and their own address.

 

For all other Countries the company will independently regulate the payment of VAT based on the country of residence, without asking for additions beyond the indicated price (VAT paid by the company).

 

For Switzerland, the United Kingdom and EU countries, shipping costs are paid by the company.

 

For all other countries, an additional shipping cost - customs duties will be shown at check-out.

 

Any commissions applied to the buyer by his credit card issuer remain his responsibility.

 

The company reserves the right to change the prices of the goods at any time. The changes will not be applicable to orders already confirmed and paid for.

12. Offers and promotional campaigns

At any time the company can proceed with offers and promotional campaigns on certain items or groups of items.

The company will therefore be able to lower the purchase price on certain products or groups of products, make offers available in the event of multiple purchases, as well as determine lowered prices for certain products in pre-established periods.

In any case, the buyer will not be able to assert any right deriving from a change in the price, and in particular he will not be able to claim price differences in the event that, after having purchased one or more items at a specific price, they are subsequently subject of offers or promotional campaigns. The price applies at the time the order is concluded as indicated above, regardless of whether it is subsequently reduced or otherwise.

13. Purchasing methodology

The buyer must proceed with opening an account in his own name, entering the data relating to name and surname, email address, telephone number, residence address and/or shipping address if different from his residence address.

Subsequently, once the items he intends to purchase have been selected, they will be placed in his cart and the buyer will then have to proceed with the order confirmation and payment.

For this purpose, the buyer must follow the purchase instructions, entering or verifying the information requested at each step of the purchase process, requesting the issuing of an invoice if necessary.

The buyer is made aware that he can change the details of his order at any time before the payment process. Afterwards there will no longer be any possibility of modification.

The personal data entered via the registration method will be acquired by the IT system and therefore by the company and subsequently processed according to the Privacy Policy and related data protection.

14. Payment

The payment methods made available will be the following: Credit cards, including Visa, Mastercard, American Express as well as the PayPal portal. In the latter case, you are also given the option of making the PayPal payment in three instalments.

All credit card data entered will be encrypted. The management of the payment as well as any refunds will be processed through the SHOPIFY company.

Upon confirmation of the order, the system will carry out a pre-authorization on the credit card to confirm liquidity availability. When the order is shipped, the final charge will be made to your credit card.

If the payment method chosen is PayPal, the debit according to the chosen methods (single payment or three installments, therefore the first instalment) will take place at the time of order confirmation.

The buyer is aware that, by confirming the order and authorizing payment, he confirms that he is the holder of the credit card, or legitimately authorized to use the credit card inserted. Any abuse will be reported to the competent judicial authorities.

In the event that, both with regard to payment by credit card and via Paypal, third-party systems refuse the transaction, no responsibility can be given to the website or the company.

The use of both the PayPal platform and the SHOPIFY payment platform are duly regulated by the relevant companies, to which the user is referred for any information.

15. Returns / Exchanges Policy

   1. Defective goods

Pursuant to current regulations, if the goods that the buyer purchases have obvious manufacturing defects, they will be replaced without additional costs with identical or equivalent goods. The buyer will have to return the goods to the company.

In the event that the same identical item is no longer available, the buyer will be given the opportunity to choose between an equivalent item of the same value, rather than a full refund of the purchase price.

The buyer is expressly made aware that certain items produced with natural materials such as leather, etc. they may present natural differences in the material, in the consistency, as well as in the shade which cannot be ascribed and considered as "defects" but rather are natural particularities of the material. In this case, it will not be possible to consider these aspects as defects and there will therefore be no right to consider the goods defective.

In the event of a confirmed defect, the refund may be made according to the methods described below and after the company has been able to examine the goods.

    2. Right of withdrawal

If the goods are purchased as a consumer, you are given the possibility to withdraw from the contract within 14 days without having to provide any reason.

The 14-day period is calculated from the moment the goods came into the possession of the buyer, as established in the previous articles 9) and 10).

To exercise the right of withdrawal, it is necessary for the buyer to communicate, via email, to the company the explicit intention to withdraw from the contract within the period referred to in the right of withdrawal of 14 days.

The right of withdrawal can only be exercised for goods that have not been opened, used or altered in any other way. Each product sold will be equipped with a guarantee and control system (lanyard) which, once removed, will cancel the possibility of withdrawal, and this guarantees that the goods will not be used.

Specific notice will be duly given in each product that the removal of the guarantee and control seal is equivalent to final acceptance of the goods, without the possibility of withdrawal unless the goods are subsequently found to be defective in accordance with the above.

If withdrawal is exercised, the goods, such as packaging, various plastics, packaging, packaging products, paper, etc. received together with the shipment must be returned.

In the absence of even one of these elements, the withdrawal will not be accepted.

16. Shipping and costs / refunds

In the event that the goods are returned because they are defective, the costs for the return will be covered by the company according to the methods that will be established for each case. The costs of sending the new replacement goods will also be covered by the company. In the event that the defective item can no longer be replaced and the buyer has chosen a refund (instead of replacement goods), the full price including shipping costs will be refunded.

In the event that the buyer exercises the right of withdrawal, i.e. intends to return the purchased goods which have no defects but only for a change of mind, the cost of the goods paid will be refunded, deducting 10% of the purchase price equal to administrative and management expenses.

The user must additionally bear the costs relating to the return of the goods to the company, i.e. the shipping costs to return the goods to the company.

In both cases, refunds will be made using the same payment method that was used by the buyer at the time of purchase.

The refund will only take place when the company receives the goods, after having been able to check them and given a refund confirmation via email. The same applies to the replacement of goods, i.e. this will take place after the company has been able to ascertain the actual existence of the defect.

In any case, the goods must be returned, in the case of defective goods, at the latest within 10 working days of receipt of the goods in accordance with what was previously indicated, while in the case of the right of withdrawal, within 30 days of receipt.

If the aforementioned terms are not respected, any right or claim will be forfeited.

Any different rights referred to in the consumer protection regulations in force in the buyer's country of residence remain unaffected.

 

17. Warranty

Each product sold through the website is covered by the legal guarantee required by law of 2 years, to cover any defects that may occur.

This guarantee covers defects that may appear within 2 years from the time of delivery, provided that they are reported to the company within 30 days of discovery of the defect.

The defect occurs if the product:

1. It no longer conforms to the description provided and does not possess the qualities presented on the website;

2. It is no longer suitable for the use for which the product is intended;

3. It no longer presents the qualities and characteristics of a product of the same type, always taking into consideration the variations in quality relating to natural material which expressly exclude the presence of defects.

In the event that the product presents one of the aforementioned defects upon receipt (and therefore not in the following two years), the provisions of point 15 above apply.

Any and all non-compliant use by the purchaser of the product received, as well as voluntary or involuntary alterations thereof, modifications, destruction, as well as the normal modification of the characteristics through regular wear and tear of the product, are not considered defects subject to warranty.

If an event occurs that gives rise to the right to the guarantee, the company will restore the conformity of the goods, according to the most appropriate methods.

This therefore includes the repair of the good, the possible replacement with the same good rather than the replacement with a similar good if the purchased good is no longer available.

It is expressly excluded that, in the case of a guarantee, financial reimbursement of the goods will be given through payment.

To assert the right to the guarantee, the buyer must communicate to the company what he believes to be the defect in the item, via email, accompanied by images depicting the defect and a brief description. The company reserves the right to directly examine the goods once returned to the warehouse.

Any shipping costs resulting from the replacement/repair of the goods are borne by the company.

18. Service interruption

At any time the company may interrupt the service and in particular the accessibility of the web page as well as the purchasing processes both for reasons of force majeure and for scheduled maintenance, such as constant updates of the web page, sales processes as well as the related information included on the web page.

It is expressly excluded that the buyer can claim any damage or other damage in the event of an interruption of service.

19. Liability waiver

Except as indicated in these conditions and other legal documents on the website, the company's liability in relation to the products advertised and sold is limited to the purchase price of the product as well as the services indicated in this document.

20. Account cancellation/suspension

The company reserves the express right to suspend or cancel the buyer's account if it emerges that these general conditions, as well as all the rules on the site are not, have not been or will not be respected. The possibility is also given in the event that the user adopts inappropriate, offensive or otherwise illegal behavior towards the company, as well as other users or third parties in relation to this website.

21. Partial nullity clause

In the event that a clause, a concept or a provision of these conditions is found to be legally invalid, legally inapplicable, or deemed contrary to law by the relevant competent authorities, only and exclusively the said clause will be considered lapsed (and therefore not applicable) without prejudice to all other valid provisions.

In this sense, except for the clause deemed legally invalid, legally inapplicable, or deemed contrary to law by the relevant competent authorities, the remaining ones remain fully applicable.

22. Modification of these conditions

The company reserves the right to change these Terms at any time.

The General Conditions and the Privacy Policy apply to the buyer at the time the order is confirmed, except that one or more provisions are modified by the law in force with the obligation of retroactive applicability.

23. Applicable law

Both the use of the website, as well as the contract for the purchase of goods via the site as well as the regulation of the following General Conditions are governed by Swiss law.

24. Competent court

For any dispute arising from these General Conditions, as well as for any dispute arising from the use of the website, contracts and purchases, the court of the registered office of the Company is competent, except where another State jurisdiction imposes - as an imperative - the buyer's place of residence.

Stato al 15.10.2024, vers. 4.0