GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
I. GENERAL PROVISIONS
Introduction and acceptance of the general terms and conditions of sale
These General Conditions of Sale (henceforth also only "General Conditions" or "GTC") govern the offer and sale, by beyond.luxury Sagl, in the person with the necessary powers, VAT number CHE-482.945.908, with registered office in Via Serafino Balestra 9, 6900 Lugano, (Switzerland), of the products present on the beyond.luxury Platform, which can be reached at the website www.beyond.luxury (henceforth also only the "Site" or the "Platform").
The beyond.luxury Platform is a website that aims to provide the opportunity for its Users to purchase high quality products and services, within the luxury sector. The Products are understood to be offered by our Partners, which we have carefully selected to offer the best experience to our Users. The Site is intended only for Users who are 18 years of age or older. A user of the Site ("User(s)") is considered to be each of the individuals set forth in Section 2.1 below.
The General Terms and Conditions must be accepted by the User when registering on the Site, in order to benefit from its contents and to proceed with the purchase of Products. This Introduction shall be considered an integral part of the General Conditions.
1. Site name and ownership of the domain name
The Site is owned by beyond.luxury Sagl ("beyond.luxury"), which is also the owner of the relevant domain name.
2. Subjective and objective scope of application of the General Conditions
2.1 Purchases made through this Site constitute a distance contract for the sale of Products, concluded between beyond.luxury and:
A. the consumer or user ("Consumer") meaning, "the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out"; or
B. the professional ("Professional"), meaning "the natural person acting in the exercise of his or her trade, business, craft or profession, or an intermediary thereof"; or
C. the person who "for professional or non- professional purposes, uses an information society service, in particular to search for or make accessible information". The latter category
includes all legal entities that purchase the Products being sold on this Site and defined, for the purposes of these General Terms and Conditions of Sale, as a "Company." 2.2 The applicable General Conditions are those in effect on the date the purchase order is sent and are available in Italian and English.
2.3 Should any provision contained in these General Conditions be invalid, void or otherwise unenforceable, the same shall not affect the validity and/or effectiveness of the other contractual provisions.
2.4 These Terms and Conditions do not govern the sale of products and/or services by parties other than those on the Platform and available for purchase within the Platform.
2.5 Excluded from the scope of the GTC are all those products and services of third parties that may be visible on the Site, but are located outside it and to which the User can access through banners and/or hyperlinks (e.g. booking hotellerie services). Such modes of communication represent for beyond.luxury an autonomous and distinct channel of sales, over which beyond.luxury does not exercise any control. beyond.luxury is in no way responsible for the provision of services and/or sale of products by such parties. Before conducting business transactions with such parties, you are invited to check their terms and conditions of sale.
3. Changes and/or variations of the General Conditions
3.1 Before making a purchase, the Consumer and/or Professional and/or Company is required to read carefully all the information beyond.luxury provides to him/her through the Site, both before and during the purchase process, as well as to review these General Conditions, which beyond.luxury makes available in the "Terms and Conditions" section of the Site.
3.2 The General Conditions may be amended at any time to keep them in conformity with the legislative and regulatory provisions that may intervene, or even in order to offer different and additional products, compared to those currently on sale.
3.3 Any amendments and/or new conditions will be in force from the moment they are published on the Site in the "General Terms and Conditions of Sale" section, indicating the date they were updated. Users are therefore invited to regularly access the Site and consult the most updated version of the General Conditions before making any purchase.
II. SITE REGISTRATION, PURCHASE AND DELIVERY OF PRODUCTS
4. Site registration and personal account management
4.1 In order to browse and enjoy the services offered within the Site, you do not need to complete the Registration process. The purchase of Products is possible after having made the Registration. Registration is free of charge. Users who register on the Site will have to provide certain personal data and follow all the steps from the procedure ("Registration"). Upon Registration, the User will be asked to choose a username and password, which the User agrees not to give even temporarily to third parties and to keep with due care, diligence, and secrecy under its own responsibility, constituting these credentials the only means to identify the User and to validate its accesses to the offers. Each User is solely responsible for the accuracy and/or completeness of the personal data provided during the conclusion of the contract. The User is therefore informed that all acts performed by said credentials, will be attributed to him and will be binding on him. It is also forbidden to communicate data relating to third persons, false, invented, fictitious and/or in any way, not corresponding to the truth.
4.2 Registration allows the User to access the personal area called "Account" ("Registered Area"). In the Restricted Area, the User can consult at any time its data provided at the time of Registration, its shopping cart containing Products not yet purchased and the list of Products purchased.
4.3 The User is obliged to inform beyond.luxury immediately of any unauthorized or improper use of its access credentials or to report any violations by third parties. If beyond.luxury finds violations, it may at its discretion inhibit access, permanently delete the information contained therein or refuse the opening of new accounts by the same User.
4.4 At any time the User may update and/or modify or request the deletion of the information released during Registration. In the event of a request for cancellation, however, beyond.luxury may temporarily retain, in whole or in part, such information, for the sole purpose of executing any purchases made and/or being able to conclude accounting and tax procedures.
5. Information on the conclusion of the contract
5.1 Products may be sold either through a permanent catalog, or through promotions whereby the availability of products and services is subject to quantity and/or time limits.
5.2 In accordance with the Decree on Electronic Commerce, beyond.luxury informs that, in order to conclude the contract for the purchase of Products, the Consumer and/or Professional and/or Company must purchase the Products through the Site, following the instructions provided and make the payment in the manner described in Article 8.
5.3 The contract is concluded once the successful completion of the payment has been verified. Following the conclusion of the contract, beyond.luxury will send to the Consumer and/or Professional and/or Company, to the e-mail address indicated during the purchase phase, the order confirmation. The order will be stored in beyond.luxury 's database for the time necessary for its execution and, in any case, within the terms of the law.
5.4 The language available to the Consumer and/or Professional and/or Company for the conclusion of the contract are Italian and English.
6. Purchase of the products and services (hereinafter, jointly, also just "Products")
6.1 The following product categories may be purchased on the Platform (non-exhaustive list): shoes, clothing, accessories, wines and spirits, watches, jewelry, body care products, and perfumes.
6.1.1 The following categories of services may be purchased on the Platform (non-exhaustive list): vehicle rental, experiences.
6.2 The purchase of the Products by individuals is permitted only to individuals who have reached the age of 18. With regard to the sale of alcoholic products, beyond.luxury informs Users that it does not sell alcohol to individuals who have not reached the age of 18. By submitting orders, the User guarantees that the ordering party and, if different, the recipient of the goods are both over the age of 18.
6.3 The images accompanying the information sheets of a product or an offer may not be perfectly representative of its characteristics but differ in color, size and accessories present in the picture. All purchase support information is intended as mere generic information material, and therefore not referable to the actual characteristics of an individual offer.
6.4 beyond.luxury reserves the right to refuse or cancel orders that come (i) from a Consumer and/or Professional and/or Company with whom it has ongoing litigation, whether judicial or extrajudicial; (ii) from a Consumer and/or Professional and/or Company who has previously violated these General Conditions; (iii) from a Consumer and/or Professional and/or Company who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by a Consumer and/or Professional and/or Company who has issued false, invented, fictitious, incomplete or otherwise inaccurate identification data and/or in any way not corresponding to the truth or referring to third persons; (v) by a Consumer and/or Professional and/or Company who has violated the prohibition set forth in Art. 6.5 below; (vi) in case of inability of the Partner to supply the Product purchased. In such cases, beyond.luxury will inform the User as soon as possible and, if the User has paid the price, such amount will be refunded.
6.5 In relation to each purchase through the Site, the relevant invoice will be issued, and subsequently sent, to the Consumer and/or Professional and/or Company via email, based on the data communicated by the same in the purchase order. The invoicing of the purchased products will be done by the Partner and sent together with the Product, inside the packaging. The Consumer and / or Professional and / or Company agrees to hold beyond.luxury harmless and indemnified from any damages, compensation obligations and / or penalties that may arise and / or be imposed on the same in the event that such information is not accurate and / or not true. No changes in the invoice will be possible after the invoice has been issued.
7.1 Prices are in Euros and are inclusive of VAT. beyond.luxury reserves the right to apply discounts and promotions to Users.
7.2 The shipping costs of the Products may be of a fixed amount or variable, calculated according to the number of items selected and/or the destination address of the goods and/or any customs and/or tax charges. Shipping costs may also be included in the sale price of some items or be free in the cases provided by beyond.luxury. However, the User is always informed of the amount of shipping costs before concluding the purchase procedure and making the payment.
7.4 The validity of promotional offers may be subject to quantity or time limitations, after which, they may no longer be available. beyond.luxury may change the duration or quantity of an offer at any time at its discretion, provided that it will follow up on orders placed during the validity of a particular offer. An offer may be published multiple times over time. In some cases, it is possible that the availability of an asset ends at a time after the purchase: in these cases beyond.luxury will refund the User, if the conditions are met. It is also possible that for some offers of goods, a specific variant is not guaranteed and the User will be asked to specify one or more preferences at the time of purchase: in such circumstances, the User is aware that he/she may receive a different variant of the product than the one chosen at the time of purchase.
8. Methods of payment
8.1 beyond.luxury will receive payment for the Products in trust on behalf of Partner. Payment for the Products may be made by the following methods:
In this case, the Consumer and/or Professional and/or Company will authorize PayPal to proceed with the payment at the request of beyond.luxury in accordance with the procedure provided for and governed by PayPal, the terms and conditions of the contract agreed between it and the Consumer/Professional/Business.
B. Bank Transfer
The bank details for making the bank transfer will be provided by beyond.luxury for the purpose of finalizing the contract. To facilitate the link between the payment received by bank transfer and the order placed, the Consumer and/or Professional and/or Company is asked to indicate in the reason for the bank transfer the order number, as indicated in the order confirmation email.
C. Other payment methods
Other payment methods accepted by beyond.luxury for payment of the Products (e.g. credit card and/or debit/prepaid card) may be indicated on the Site. In this case, the Consumer and/or Professional and/or Company will authorize the chosen service provider to proceed with the payment at the request of beyond.luxury according to the procedure provided for and governed by, the terms and conditions of the contract agreed between the same and the Consumer/Professional/Company.
8.2 Unless otherwise specified in the terms of the offer, the amounts due will be charged upon confirmation of payment. beyond.luxury will arrange shipment of the Products only after receiving confirmation of successful payment (i.e. in respect of payment by bank transfer upon collection of the amount due).
In the event that the payment is not successful, beyond.luxury will inform by e-mail the Consumer and/or Professional and/or Company who may:
• proceed with payment again using the same method; or
• proceed again with the payment using a different method than the one previously used but still falling within those indicated in Article 8.1.
If payment by credit card and/or debit/prepaid card and/or Paypal is not successful, the Consumer and/or Professional and/or Company must proceed to pay for the Products by bank transfer. If payment is not successful by any of the above methods, the order will be considered terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code and the Consumer and/or Professional and/or Company will be notified by e-mail.
In all cases, the User is solely responsible for any incorrect and/or incomplete general information or delivery address, resulting in the possibility of loss of the amount paid if the Products are delivered to strangers.
8.3 beyond.luxury does not store payment security data (e.g.: credit card numbers), which are processed by the relevant payment service providers. In fact, the actual payment takes place after transferring the User to a protected and encrypted page of the banking service. Only after the transaction is completed, the banking service provider communicates to beyond.luxury the result of the payment, without providing any of the information regarding the credit card used. For this reason, beyond.luxury has no power over the possible rejection of the credit card used for payment. beyond.luxury cannot therefore be held responsible in any way for direct or indirect consequences arising from the use of the credit card by the user to make payment for the products and/or services purchased.
9. Shipping and delivery
9.1 beyond.luxury accepts orders with international delivery within the European territory. beyond.luxury, unless otherwise specified on the product sheet on the Site, undertakes to deliver the goods within 14 working days, which run from the date of the order to the date of the first delivery attempt.
9.2 The Product will be shipped by Partner. The User may be informed by the Partner, via e-mail, when the product is shipped. In the remote event that the merchandise becomes unavailable for any reason after receipt of the order, a refund of any payment received will be issued, without charge to the User.
9.3 The User will be notified, if available, of the name of the carrier and the tracking code of the shipment (Waybill or "Tracking"), through which it will be possible to follow its status. beyond.luxury cannot guarantee that multiple products purchased at the same time will be delivered in a single shipment, nor that any different shipments will arrive at their destination at the same time. It is not possible to guarantee a precise date or time of delivery as this depends on the courier chosen by the Partner, the destination address and the person in charge of delivery. beyond.luxury cannot therefore be held responsible for any direct or indirect consequences arising from these timelines. Delivery of what has been ordered is intended, unless otherwise specified during the purchase process, at street level.
9.3 beyond.luxury asks its Partners to use only packaging suitable to guarantee the integrity of the Product and approved by the chosen courier. In any case, upon delivery of the goods by the courier, the User will be required to verify that the packaging is intact, undamaged, or otherwise altered, including in the sealing materials (adhesive tape or strapping) or that there is no spillage of liquid, in the case of wines and spirits. Any damage to the packaging and/or the product must be immediately challenged by the User, by placing a written control reserve (and specifying the reason for the reserve, e.g. "Punctured packaging", "Crushed packaging", etc.) on the courier's delivery document. Once this document has been signed, the User may no longer make any objection about the characteristics of what has been delivered.
9.4 In case of non-delivery of the goods within the specified time, the User will be required to notify beyond.luxury, which will verify with the courier, the status of the shipment and any anomaly. Following a documented shipping anomaly (e.g. package lost or destroyed in transit), beyond.luxury will resend the product, subject to availability of the same in stock, without further expense or aggravation for the User, or to refund the order in full in case of non-availability.
III COMPLIANCE AND LIABILITY
10. Conformity of Products and Legal Warranty
10.1 Each Product conforms to the contract if it corresponds to its description within the Site and freely available in the appropriate product sheet ("Product Sheet"), where the main characteristics are indicated. The User is also aware that the images used on the Site may sometimes only be indicative of the product and may not always faithfully represent the product delivered.
10.2 In the case of products that are found to be non-conforming, the User will contact beyond.luxury by sending an e-mail to firstname.lastname@example.org. beyond.luxury will contact the User and will make the appropriate checks and in case of defect to arrange for the withdrawal of the product and the subsequent replacement or proceed to refund through re-credit to the title originally used for payment.
10.3 The Partner offering its products and services on the Platform is solely responsible for the legal warranty Products. beyond.luxury cannot be responsible for the quality of the same. The Partner acknowledges the legal warranty on its Products for 2 years from the date of receipt of the same.
11 Liability and remedies awarded in favor of the Consumer and/or Professional and/or Company
11.1 beyond.luxury shall not be liable for damages that may result from the use of the Site such as computer viruses, omissions, service interruptions and software failures, including to the damage of the User's computer equipment, which prevent or delay the provision of services if these are due to external causes, force majeure and/or third parties beyond their control.
11.2 In addition to the foregoing paragraph, beyond.luxury shall in no event be held liable for delays or defects or discrepancies dependent on events beyond its reasonable control such as, but not limited to: (i) events of force majeure; (ii) events dependent on the acts of third parties such as the interruption or malfunction of telecommunications operator services and/or power lines, or acts or omissions by carriers or shippers.
11.3 beyond.luxury shall be liable in the event of non-delivery and/or dissimilar delivery of the Products, once it has been ascertained that the Consumer and/or Professional and/or Company has made regular payment for the Products.
11.4 It is understood that, in accordance with current legislation, the burden of proving beyond.luxury's breach of contract, as well as the consequent prejudice suffered, is on the Consumer and/or Professional and/or Company.
11.5 Upon the occurrence of any of the above assumptions, the Consumer and/or Professional and/or Company has the right to demand the termination of the contract and a refund of the amount paid.
12. Right of withdrawal - CONSUMER AND/OR PROFESSIONAL
12.1 The Consumer and/or Professional has the right to withdraw from the contract for the purchase of the Products without having to provide any reason and without incurring any cost within the term of 14 calendar days ("Withdrawal Period") calculated from the day of receipt of the purchased product.
12.2 In order to exercise the right of withdrawal, the Consumer and/or Professional must inform beyond.luxury prior to the expiration of the Withdrawal Period of his or her desire to do so.
12.3 For this purpose, the Consumer and/or Professional may submit any explicit statement of their decision to withdraw from the contract ("Withdrawal Statement").
This is without prejudice to the possibility for the Consumer and/or Professional to use, for the purpose of exercising their right of withdrawal, also and alternatively, the Standard Withdrawal Form as provided in Annex I, Part B of the Consumer Code, which can be downloaded online.
The Declaration of Withdrawal must be made in writing and in accordance with Article 17.1 (Contact).
12.4 Following the proper exercise of the withdrawal, the User must affix, on the packaging, in a visible manner the appropriate form received, in which the shipping address and details relating to the order necessary to identify the return at destination are already indicated. The User is advised to place a copy of this document also inside the packaging, in order to avoid its loss or the inability to identify the return once it reaches the warehouse.
13.1 beyond.luxury and the Partners recognize the possibility for Users to return purchased products. The right of withdrawal must be exercised in writing and within 14 days of delivery. The relevant notice must be sent in accordance with Article 17.1 (Contact).
13.2 Costs related to the return shall be borne by the Users and for the modalities thereof, please refer to Article 12.4 to the extent compatible.
14. Exceptions to the right of withdrawal and return
14.1 beyond.luxury reserves the right to verify that the Product is in the same state in which it was delivered or that the product has not been altered in its essential and qualitative characteristics and retains, as far as possible, its original packaging and label. In the event that this is not available, the User will be required to return the product properly packaged so as to preserve its integrity.
14.2 beyond.luxury may refuse to accept the withdrawal and return for Products that have been consumed even partially. In this case beyond.luxury will reject the withdrawal request by means of a communication sent to the email address of the Consumer and/or Professional and/or Company indicated at the time of sale.
14.3 Products that are the result of customization or made-to-measure manufacturing shall remain excluded from the right of withdrawal and return.
Last update date: August 31, 2023
V FINAL CLAUSES
15. Industrial and intellectual property rights; Privacy
15.1 The reproduction, even in part, of the content and graphics of the Site, as well as the distinctive signs of beyond.luxury and the Partners, visible within the Site is prohibited.
16. Applicable law; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
16.1 The purchase contract concluded on the Site is governed by Italian law.
16.2 In the event that the Products have been purchased by the Consumer, the court of the place where the Consumer has elected domicile shall have jurisdiction.
16.3 beyond.luxury also informs the Consumer that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.
The Consumer's right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the prerequisites are met, of promoting an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to below, are in any event unaffected.
16.4 The Consumer residing in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu .
16.5 In the event that the Products have been purchased by a Professional and/or a Company, the Magistrate's Court of Lugano shall have jurisdiction.
17.1 You can contact beyond.luxury in the following ways:
• by registered mail with return receipt to the registered office of beyond.luxury Sagl, Via Serafino Balestra 9, 6900 Lugano, (Switzerland); or
• by sending e-mail to email@example.com .
17.2 beyond.luxury will respond to complaints submitted within five business days - excluding holidays and/or beyond.luxury closures - after receipt of the complaints.
Last update date: May 12, 2023