GENERAL TERMS AND CONDITIONS OF ONLINE SALE
TERMS AND CONDITIONS
Gottex Swimwear, represented by BFC BAMBINIFASHION.COM GmbH’s (“Bambini Fashion”, “we”, “us”) website (our Site) and related services are made available to you in accordance with these General Terms and Conditions of Business and Payment (collectively, the “GTC”). Please read the GTC carefully before placing orders on www.bambinifashion.com. We recommend you keep a copy of our GTC for future reference.
Bambini Fashion is the trading name of BFC BAMBINIFASHION.COM GmbH, a company registered in Vienna Austria. Our registered address is BFC BAMBINIFASHION.COM GmbH, Leonard-Bernstein-Straße 10, 13 OG. – Saturn Tower, 1220 Vienna, Austria.
From time to time, we may amend the GTC. Please read the GTC and review it often. You will find it on our Site on the menu item “Terms and conditions”. If you do not agree to any change to the GTC, you must stop using the website immediately. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. The European Commission will establish a platform for the online settlement of disputes. The platform can be reached via this link.
REGISTRATION & GUEST LOGIN
You can either register or use the guest checkout in order to place orders on our Site. To checkout, you need to enter your address and contact details in the relevant form. When entering your personal data, you are required to provide information about yourself that is true, accurate, current and complete. Should any of your registration information change, please notify us immediately at firstname.lastname@example.org. We may also change the registration requirements from time to time.
When registering, your account password must be unique and kept secure at all times. You must notify us immediately of any breach of security or unauthorized use of your account. Your password must not be made accessible to unauthorized third parties.
Customers may only have one customer account at any time. We reserve the right to delete multiple registrations and to caution or dismiss any member failing to observe this policy (virtual domestic authority).
Please note, we do not offer products for sale to minors. If you are less than 18 years old, you must obtain the consent of your parent or guardian.
To submit an order on our Site, place the desired products into the shopping cart.
You will either need to register or, if you are an existing online customer, sign in to your account. Alternatively, you can choose to checkout as a guest. Next, select a shipping method and a payment method. Finally, confirm that you have read and agreed to the GTC and our Returns Policy.
Before clicking on the 'pay' button, you can view and change the products in your shopping cart and the data you have entered. To do this, simply click on the shopping cart icon in the menu bar and return to the appropriate page.
By clicking 'pay', you submit a binding offer to purchase the goods in your shopping cart.
ACCEPTANCE OF ORDER
When you have selected your product and your order has been processed, we will send you an email with the details of your order. Please note this email is NOT an acceptance of your order, just a confirmation that the order has been received. Gottex represented by Bambini Fashion is entitled to accept your order within five days after receipt.
Acceptance of your order will be completed, when you receive an email confirming the goods have been dispatched. The contract is exclusively governed by the law of the Federal Republic of Austria, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This law shall apply only to the extent that the protection afforded is not canceled by any mandatory regulation of the law of the state in which the consumer habitually resides.
If the customer is a merchant or a corporate body under public law, the place of jurisdiction for any dispute arising from this contract shall be the court competent for Gottex represented by Bambini Fashion’s registered office, unless an exclusive place of jurisdiction applies. However, Gottex represented by Bambini Fashion will also be entitled to sue the merchant in any court competent for his place of residence or registered office.
We reserve the right to decline your order if the following events occur, for example, we cannot obtain authorization for payment, if a particular item has shipping restrictions, the item ordered is out of stock or does not pass our quality control inspections, or you do not meet the criteria set out within the GTC.
The products on our Site and the products in our catalogs are offers without legal obligation. While we endeavor to make sure the details on our website are accurate, from time to time we may discover an error in the pricing or product description. If we discover an error, we will let you know as soon as possible. In some instances, the goods ordered may vary slightly and to a reasonable extent deviate from the goods depicted on the website due to the technical possibilities of representation, in particular, colors may vary.
We reserve the right to cancel an order for a product that was advertised at an incorrect price and reserve the right to cancel an order that has been accepted or is in transit. We will contact you to inform you that your order has not been accepted for the goods in question. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Bambini Fashion reserves the right to contact customers via different forms in order to receive information about customer satisfaction. After purchasing items through www.gottex-swim.com clients will be signed-up for a Newsletter. You may unsubscribe at any point.
PAYMENT & PRICING
We only accept the payment options displayed on our Site. Customers can view the options available on our website www.gottex-swim.com.
Prices shown on our website are in local currencies. They are inclusive of VAT at the local rate unless you have selected a country where VAT is not chargeable.
Prices are subject to change in accordance with currency exchange rates, markdowns and other market factors. Please note that some shipments may incur import duty and tax. We recommend you to contact your local customs authority to determine the import duty and tax costs before completion.
If your credit/debit card is not denominated in the above local currencies, the final price of goods will be calculated in accordance with the applicable exchange rate on the day your card issuer processed the transaction.
Delivery methods are available for you to select before you complete the transaction and pay for all goods and services. All delivery costs displayed include the cost of packaging and handling.
Please note delivery times will only be extended in the case of unforeseeable circumstances that prevent delivery, for example: lock-out, intervention by authorities, energy or raw resources shortages, transport and operation disruptions, which occur through no fault of ours (fire, water or mechanical breakdown) and any other circumstance, which could not have been objectively caused through any fault of Gottex represented by Bambini Fashion.
We will do our utmost to keep customers notified of any shipping delays. If any of the unforeseeable events mentioned above occur for more than four weeks after the original delivery times, you will be entitled to cancel the order.
Promotion codes and vouchers cannot be transferred and cannot be redeemed for cash. Furthermore, they must not be used in conjunction with any other codes or offers.
Please note that individual brands may be excluded from select campaigns and vouchers. All codes and offers must be redeemed before the day of expiration, in case no date was specified the promotion code is limited to 12 months from the day it was issued.
You have the right to return your goods within 14 days from the date the order was received without stating a reason. The returns period commences on the day on which you (or any third party named by you who is not the forwarder) have received the goods.
To exercise your right, you must notify us (BFC BAMBINIFASHION.COM GmbH, Leonard-Bernstein-Straße 10, 13 OG. – Saturn Tower, 1220 Vienna, Austria, email@example.com) by post or email of your decision to return your purchase. To do this, we recommend you to use the sample Returns Form below, but you are under no obligation to do so.
If you return goods, we will refund all payments we have received from you, excluding delivery costs any additional costs resulting from any other type of delivery other than the most inexpensive standard option quoted on our Site, regularly within 18 working days from the day we received the returned merchandise. Gottex represented by Bambini Fashion will reissue payments on the same payment card used for the original transaction unless expressly agreed. We may refuse repayment until we have received the returned goods or until you have proven that you have returned the goods, whichever occurs first.
Please note that if you return goods to us, you will be responsible for paying all costs incurred for the return.
Items must be in brand new condition and show no signs of wear with all original packaging, garment tags and labels still attached. Original shoe boxes and other containers that products are sold in are considered part of the product and must also be returned in undamaged and unused condition. Items returned without their branded packaging will not be accepted.
We do not accept items that have been damaged by wear and tear, altered or washed incorrectly (please check washing instructions on all garments before handling). When trying items on, please be sure they do not come in contact with perfumes, sprays, creams or other chemicals, and be sure to try shoes on a soft clean surface.
RETURNS & HOME PICK-UPS
We are pleased to offer a returns collection service to all customers for any purchases that meet our Returns Policy. In every package that we ship out, a pre-paid returns label can be obtained by Submitting a return request:
- Click the Account link on the top right corner of the store's header.
- Log in to your account:
- In the Email field, enter your email address, and then click Continue.
- In your email account, open the email sent from our store and copy the six-digit verification code included in the email.
- Go back to the online store, and then enter a six-digit verification code.
- Click the order that you want to submit the return for.
- If your order has more than one item, then select the items that you want to return.
- Select a return reason and add a note for the store.
- Click Request Return.
If your return request is approved, then you receive an email with shipping instructions and a return shipping label. After the product is returned, the processing period is of 14 business days, (excluding weekends and holidays) for the refund to be issued. A return fee may apply.
Should you need to claim for damage for whatever reason, whether the damage is in direct or indirect connection to your order, the costs of services and/or goods shall be excluded from the refunded amount.
This exclusion of liability will not apply in instances of a breach of material contractual obligation, also known as ‘cardinal duty’. If cardinal duty is breached due to negligence, our liability will be limited to compensation for foreseeable damage only. We will be entitled to prove that the damage, which has occurred is lower.
It is important to note that the exclusions and limitations outlined in this GTC will not apply in the event of death and personal injury arising from our negligence or our legal representatives or agents of Gottex represented by Bambini Fashion. The exclusions and limitations of liability in this GTC will also not apply to any other damage resulting from a willful or grossly negligent breach of our obligation by us or our legal representatives and agents. For example, this might include damage caused by the lack of a warranted condition or due to fraudulent concealment of a defect.
Gottex represented by Bambini Fashion is not responsible for losses caused by a third party and/or customers' negligence. This includes indirect losses, which are a consequence of the main loss or damage and are not foreseeable by you and us, such as loss of profits or ‘loss of opportunity’.
Furthermore, we are not responsible for any failure to meet any of our responsibilities outlined in the GTC in relation to events beyond our reasonable control.
All rights to the images on all of the pages of www.gottex-swim.com, campaigns and social media content are owned by GOTTEX represented by BFC BAMBINIFASHION.COM GmbH. Any use without our express consent is prohibited.