Terms & Conditions
1. INTRODUCTION
The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. Please read the terms and conditions carefully before placing any orders on www.biondacastana.com. We recommend you should keep a copy of the terms and conditions for future reference.
If you are under 16 you must let your parent or guardian know about Bionda Castana’s Security and Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however. We may modify the terms and conditions from time to time. Please read the terms and conditions and check back often. If you do not agree to any change to the terms and conditions then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
2. THE COMPANY
BIONDA CASTANA is a trading name of BIONDA CASTANA MILANO LTD, a company registered in England and Wales under registration number 0535 75 64. Our registered address is 10 Elsenham Street, SW18 5NS, London, United Kingdom. Our VAT number is 843 834 020.
3. INFORMATION ON THE WEBSITE
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
4. TRADE MARKS
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner.
5. WARRANTIES
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
6. DISCLAIMER OF LIABILITY
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system.
7. INTELLECTUAL PROPERTY RIGHTS
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Bionda Castana Software and all HTML and other code contained in this Site. You are permitted to use the Content only as expressly authorised by Bionda Castana and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
8. CONTENT
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Bionda Castana tries to ensure that the information on this site is accurate and complete. Bionda Castana does not promise that Bionda Castana's Content is accurate or error-free. Bionda Castana does not promise that the functional aspects of the Site or Bionda Castana's Content will be error free or that this Site, Bionda Castana’s Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
9. ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Bionda Castana terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Bionda Castana, whose applications are acceptable to Bionda Castana and who have authorised Bionda Castana to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Bionda Castana reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Bionda Castana feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Security and Privacy Policy for further information about how we use your data.
10. ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email accepting and acknowledging the details of your order.
Unless you cancel your pre-order, acceptance of your pre-order and completion of the contract between you and Bionda Castana will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion.
11. PRICING POLICY
Prices shown on the Site are in GBP, USD or EUR and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.
All prices and offers remain valid as advertised from time to time. The GBP, USD or EUR price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates.
Customers purchasing from a country served as Delivery Duty Paid (DDP) will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served a non European country and therefore Delivery Duty Unpaid (DDU) will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from our shipper and are the responsibility of the customer. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
12. PAYMENT
Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro debit cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Bionda Castana. You confirm that the credit/ debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/ debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to Bionda Castana, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Barclays ePDQ, a secure online payment gateway that encrypts your card details in a secure host environment. We do not store your credit/debit card details on our systems.
To help ensure that your shopping experience is safe, simple, and secure, Bionda Castana uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
13. PROMOTIONAL CODES AND DISCOUNTS
Promotional Discount Codes are issued in the form of ‘percentage discounts' and are offered to customers via promotional emails, advertisements or third party communications
If using a Promotional Discount Code, the code provided should be entered in the 'Promotional Code' box in your Shopping Bag.
They are non transferable and there is no cash alternative. All terms and conditions are non- negotiable
Promotional discount codes are only applicable to full price items.
Bionda Castana reserves the right to cancel or change any promotional discount code without notice, at any time
Promotional Discount Codes cannot be applied retrospectively to previous orders
Promotional Discount Codes will have a 'valid until' or 'expiry' date. Please refer to the original promotion source for this information and are valid for one transaction per person and cannot be used on multiple accounts
Unfortunately, we do not cover the cost of returning any items purchased under a promotion.
If we have a free shipping offer, in all cases, the shipping charge only will be deducted. No taxes, duties or customs charges will be removed.
Unfortunately, we are unable to cover the cost of returning any order.
14. VOUCHER CODES
Voucher codes are valid for 12 months from date of purchase and are issued in the form of ‘£ savings’ and can be redeemed against all products on the Bionda Castana site.
If using a Voucher Code, the code provided should be entered in the 'Voucher Code' box in your Shopping Bag.
Voucher codes are non transferable and may not be returned or redeemed for cash.
If your order total is less than the value of the Voucher code, the remaining balance will be credited to you and can be redeemed against subsequent orders.
All remaining balances exceeding the value of your voucher credit must be paid by credit or debit card.
If you return products you have purchased using a Gift Voucher Code, the remaining balance will be credited to you as store credit and can be redeemed against subsequent orders.
Voucher codes will be sent via email and can be paid to us via Paypal. Please contact us at customerservice@biondacastana.com for information as to how to purchase. The codes will be e- mailed to the purchaser and/or the recipient once the purchase has been processed and payment has been taken.
Bionda Castana is not liable for virtual delivery of a Voucher Code to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
Bionda Castana is not responsible if a Voucher Code is lost, stolen, destroyed or used without permission.
Bionda Castana reserves the right to cancel a Voucher Code if we deem such action necessary.
Sales tax and shipping is applicable on any products purchased with a Bionda Castana Voucher Code.
15. CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt.
Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Customer Care Department, Bionda Castana Milano Limited, 10 Elsenham Street, SW18 5NS, London, UK, or by email to: customerservice@biondacastana.com
For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost.
For all ‘Pre-Order’ orders placed and cancelled within 7 working days, 50% of the total amount of goods including the shipping cost will be refunded only. This is non negotiable.
You will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: Bionda Castana Milano Limited, 10 Elsenham Street, SW18 5NS, London, UK. All items must be returned unused and in their original condition, from the original delivery country.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above.
16. RETURNS POLICY
Please email customerservice@biondacastana.com should you wish to return an item stating your reason for return within 7 days of receiving the goods. Clearly explain why you would like to return your item(s) and if an item is faulty, please provide us with full details & images where necessary.
We do not pay for returns sent to Bionda Castana.
A returns code and confirmation email will be sent to you within 24 hours from when you contact Bionda Castana with your request to return. This code will be required to be written on all documentation when returning the item. Unidentified returns will be returned to the sender.
You will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. The returns address is: Bionda Castana Milano Limited, 10 Elsenham Street, SW18 5NS, London, UK.
We recommend that you return the goods to us by trackable means and insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you are returning the item for a refund, please state this on your email to us. Please note that all refunds are given in the form of store credit (unless we agree that the items are faulty, in which case a full refund will be given) and a code will be provided to you of that value for your next visit to www.biondacastana.com
We do not refund shipping.
If the goods are faulty, we will refund you in full and will include shipping costs.
If you are returning the item for an exchange, please state this on your email to us. Please be aware that we can only replace it for the same product in the same size, subject to availability.
All shoes should be tried on a carpeted surface before wear. Items are to be returned unused.
Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
We advise that tax and duties are not be refundable to NON-EU customers wishing to return items.
All packaging such as shoe boxes, authenticity cards, dust bags, and tags should be included with your return.
All items must be returned unused and in their original condition, from the original delivery country.
17. INSURANCE AND DELIVERY
Bionda Castana insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Bionda Castana, and transfer of responsibility in the same way.
Estimated delivery times are to be used as a guide only and commence from the date of dispatch. An email will be sent confirming this. Bionda Castana are not responsible for any delays caused by destination customs clearance processes.
GENERAL
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis.
YOUR RIGHTS
You have certain rights under the law. In England these include:
1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective; and
3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the Terms and Conditions is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
ENTIRE AGREEMENT
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
ALTERATION
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
CONFLICT
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
WAIVER
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
CESSION
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
SEVERABILITY
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
APPLICABLE LAWS
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
COMMENTS OR QUESTIONS
If you have any questions, comments or concerns arising from the website, the security and privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at customerservice@biondacastana.com
ERRORS AND OMISSIONS EXCEPTED
"Errors and Omissions Excepted" means that while, every care is taken to ensure that all information on this web site is correct, there may still be errors on this web site. If you find an error or omission please let us know and we will correct it as soon as possible after verification.
We apologise for any inconvenience that may be caused, but we cannot always offer the exact described product at the specified price, if errors and / or omissions are present. In the event of human error or malfunction in the technology, the prices on the site do not commit us to sale. Our systems do accept credit card details at point of order however the card is only charged at point of sale.