Terms and Conditions
Below we summarize the conditions of sale applied to our e-Shop
GENERAL INFORMATION
1. General information
1.1. The sale of products (hereinafter the “Products” ) marked by the brands “Il Borgo Cashmere” and “Il Borgo” (hereinafter the “Brands” ), offered on our website www.ilborgo.it (hereinafter the “Site” ), or with a purchase proposal by telephone or e-mail, is governed by these general conditions of sale (hereinafter the “General Conditions” ).
1.2. Borgo Cashmere reserves the right to apply specific contractual provisions to one or more orders (hereinafter “Order” ) which will be reported in the summary before confirmation of the same by the Customer (hereinafter the “Specific Provisions”). In this case, the contractual conditions applicable to the single Order will be both the General Conditions and the Specific Provisions. In the event of a conflict between the General Conditions and the Specific Provisions, the latter will be deemed to prevail over the General Conditions for the aspects expressly derogated.
1.3. The Products are sold directly by Il Borgo Cashmere Srl, a company under Italian law, with registered office in Via del Bagnone 10, 50032 Borgo San Lorenzo (Florence) – Italy, tax code, registration number in the Florence Company Register and VAT number 04899590485 (hereinafter “Il Borgo Cashmere” ).
1.4. Il Borgo Cashmere may at any time modify or amend these General Conditions. The modifications will be effective from the moment of their publication on the Site, without prejudice to the fact that any Orders already accepted by Il Borgo Cashmere will continue to be governed exclusively by the General Conditions and Specific Provisions in force at the time of conclusion of each Order.
COMMERCIAL POLICY – LIMITATIONS ON THE SALE AND DELIVERY OF PRODUCTS
2. Commercial Policy – limitations on the sale and delivery of Products
2.1. The Products are offered for sale exclusively to natural persons acting for purposes that do not fall within the scope of their commercial, industrial or professional activity (hereinafter the “Customers” ).
2.2. In consideration of the above, Il Borgo Cashmere reserves the right not to process orders from persons other than Customers and to establish, for each Product category, a maximum number of Products that can be purchased.
2.3. The Customer acknowledges and accepts that the Products may be shipped only to the countries listed in articles 7.2, 7.3 and 7.4 of these General Conditions. The billing address and shipping address must be within the same country.
2.4. The Customer acknowledges and accepts that, for security reasons, shipments of Orders addressed to a PO box or to unidentifiable recipients and/or addresses will not be made.
2.5. All communications to the Customer will be made by Il Borgo Cashmere to the email address indicated by the Customer during the purchase phase. Any changes to this address must be communicated in writing to Il Borgo Cashmere without delay.
PURCHASE METHODS ON THE SITE OR THROUGH PAY BY LINK
3. Purchase methods
3.1. Each Product offered for sale is described and viewable on the Site where there are photographic images of the Products, the relative unit price including VAT, the colours and the different sizes, measurements and/or formats available (where applicable).
3.2. Some Products may be displayed on the Site exclusively for promotional advertising purposes. Such Products are not for sale and cannot be purchased.
3.3. Although Il Borgo Cashmere adopts measures and precautions aimed at ensuring that the photographs shown on the Site are faithful reproductions of its Products, some variations are always possible due to the technical characteristics or color resolution of the Customer's computer. Consequently, the images and colors of the Products offered for sale may, in some cases, not correspond to the real ones. The images and colors, therefore, must be considered as indicative and exemplary. Il Borgo Cashmere will therefore not be responsible for any non-correspondence of the images or colors of the Products due to the aforementioned reasons.
3.4. To execute each Order relating to the selected Products, the Customer must carefully follow the instructions and procedures made available on the Site.
3.5. The Customer is requested to verify the accuracy of the content of each Order before confirming it, by entering all the information requested on the Site. Before completing each Order, the Customer will be asked to confirm that he has read and accepted the Order. In the event of non-acceptance of the content of the Order and/or the General Conditions, it will not be possible to complete the Order itself.
3.6. Before the Customer confirms the Order, the latter may always be modified or corrected.
3.7. At the end of the purchase procedure, it is recommended to download, save or print all the conditions of the Order, including the General Conditions in force on the date of conclusion of the same. The Customer will also receive a confirmation email (hereinafter “ E-mail ”) of the receipt of the Order placed, containing a summary of the information already reported in the Order form (i.e. Customer data, shipping methods and addresses, the indication of the model, color and size/measurement of the selected Products, the indication of the price and any delivery costs).
3.8. Each Order confirmed by the Customer will be automatically sent to Il Borgo Cashmere and will be archived at the operational headquarters of the same, located in Via del Bagnone 10, 50032, Borgo San Lorenzo (FI).
3.9. In the event that the Customer, instead of making the purchase through the Site, requests a sales proposal for one or more Products by contacting one of the Il Borgo Cashmere boutiques by telephone or e-mail, Il Borgo Cashmere will generate and send the Customer via e-mail a URL, through which the Customer can confirm the Order and proceed with the payment according to the methods indicated therein (so-called “Pay by Link” ).
PRICES AND PAYMENT METHODS
4. Prices and payment methods
4.1. The prices of the Products indicated on the Site are expressed in EURO and include VAT.
4.2. The total amount of each Order will also include shipping costs calculated as specified in the following point 7 “Shipping Costs”.
4.3. Borgo Cashmere reserves the right to modify the prices of the Products offered for sale at any time and without notice. The modifications will be effective from the moment of their publication on the Site, it being understood that the prices in force at the time of the conclusion of each order will continue to be applied to the Orders already confirmed by the Customer.
4.4. Payment for Products purchased on the website www.ilborgo.it can be made exclusively by credit card.
4.5 Payment for Products purchased via Pay by Link can be made using the following methods:
– by credit card.
– with one of the methods indicated within the URL generated by Il Borgo Cashmere and sent to the Customer, pursuant to the provisions of article 3.9 of these General Conditions.
4.6. Payment transactions by credit card will be governed by the regulations adopted by the individual credit card circuits, including with regard to spending limits.
4.7. Confirmation of the successful completion of each Order will take place only after verification of the credit card data and following receipt of the authorization to debit by the company issuing the credit card used by the Customer to charge said credit card. The debit on the Customer's credit card will be made exclusively following verification of the availability of the Products and close to their shipment.
4.8. Credit card data will be managed with the utmost confidentiality directly by the circuit manager. Il Borgo Cashmere is not responsible for any fraudulent or illicit use of credit cards by third parties when paying for products purchased on the site www.ilborgo.it. In this regard, Il Borgo Cashmere reserves the right to cancel the transaction and to annul Orders in the event of a report of fraudulent use of credit cards. To ensure greater security, additional information or documents may be requested at any time, without which, Il Borgo Cashmere reserves the right to not accept the transaction.
PRODUCT AVAILABILITY
5.Product Availability
5.1. The Customer acknowledges that the stocks of Products offered on the Site are limited.
5.2. Occasionally, one or more Products may be unavailable. In this case, Il Borgo Cashmere will inform the Customer by email within 20 working days from the day on which the Customer confirmed his/her Order.
5.3. In the event that none of the Products ordered by the Customer are available, Customer Care will send an email to the Customer informing him that the Order cannot be processed and Il Borgo Cashmere will cancel the relevant Order. In this case, no charge will be made to the Customer's credit card.
5.4. In the event that only one or more Products in the Order are available, the Customer Service will send an email to the Customer with the details of the unavailable items. The Order will still be processed for the part of the available Products and the Customer will only be charged for the amount corresponding to the same, unless the Customer informs Il Borgo Cashmere in writing of his intention to cancel the entire Order.
TRANSPORT AND DELIVERY
6.Transport and delivery
6.1. Borgo Cashmere undertakes to process each confirmed Order within 24 working days starting from the working day following the day on which the Customer transmitted the Order. During sales and company closure periods, the delivery times indicated above may be subject to delays.
6.2. When the Products are shipped, the Customer will be informed by email.
6.3. Customer Care is available to the Customer to provide assistance on the status of the Order and for any problem relating to delivery. However, the service may be subject to delays and/or interruptions during company closure periods.
SHIPPING COSTS
7. Shipping costs
7.1. Shipping costs will be displayed, together with other costs relating to the purchase, at the conclusion of the procedure for completing each Order and prior to its confirmation.
7.2. Unless otherwise specified in the Order, shipping costs, determined on a flat rate, will be charged to the Customer as indicated below:
| Destination | Shipping rates | Transit times |
| Italy, San Marino, Vatican City and EU Member States | Free | 3-5 working days from delivery to the courier |
| Europe ( see below ex art. 7.3) | Free | 3-5 working days from delivery to the courier |
| Rest of the world ( see below ex art. 7.4) | €25.00 – Free for orders of €500.00 or more | 3-5 working days from delivery to the courier |
7.3. Shipments to Europe are intended exclusively to the following destinations: Liechtenstein; Principality of Monaco; United Kingdom; Switzerland.
7.4. Shipments to the Rest of the World are intended exclusively to the following destinations: Saudi Arabia, Australia, Canada, China, South Korea, Russian Federation, Japan, Hong Kong, Israel, Qatar, USA
RIGHT OF WITHDRAWAL
8. Right of withdrawal
8.1. The Customer has the right to withdraw, in whole or in part, from each online Order (placed on our e-commerce site www.ilborgo.it), without any penalty and without specifying the reason, within and no later than 14 days from the day of receipt of the Products. After this period, it will no longer be possible to exercise the right of withdrawal.
8.2. In case of exercising the right of withdrawal, the Customer must return, within the aforementioned deadline, the Products to Il Borgo Cashmere by handing them over to the courier for shipping together with the return form (hereinafter the “ Return Form ”) included in the packaging of the Products, duly completed. The Products must be returned in their original condition and packaging with the identification tag still attached (where applicable).
8.3. Except for Customers residing in one of the States indicated in art. 7.4, for the return of the Products the Customer may contact the courier indicated by Il Borgo Cashmere and in this case the costs will be entirely borne by Il Borgo Cashmere. All the information is contained in the Return Form included inside the Product packaging. It is understood that the Customer is in any case free to contact other couriers and in this case the relative shipping costs will be entirely borne by the Customer. In this case the risks of transport are entirely borne by the Customer.
8.4. The costs for returning Products purchased by Customers residing in one of the States indicated in art. 7.4, will be entirely borne by the Customers themselves. In this case, the Customer is free to contact the courier of his choice, assuming the risks of transport.
8.5. To return the Products, the Customer must follow the instructions of Customer Care, which must be contacted using the methods indicated in article 12 of these General Conditions.
8.6. If the withdrawal is not exercised in the manner indicated above, Il Borgo Cashmere will not accept the returned Products and will return the Products to the Customer at their expense.
8.7. If the withdrawal is validly exercised, Il Borgo Cashmere will refund the amounts corresponding to the value of the returned Products – net of shipping costs – as quickly as possible and in any case within 14 days from the date of receipt of the Products.
8.8. Said amounts will be considered refunded within the terms if they are actually re-credited with a value date not later than the expiry of the aforementioned term. Borgo Cashmere cannot in any way be held responsible for delays in the actual re-crediting attributable to the Bank and/or manager of the credit card used for the purchase.
WARRANTY
9. Warranty
9.1. The Products are covered by a legal guarantee of conformity pursuant to articles 128 et seq. of Legislative Decree 206/2005 (“Consumer Code”). This guarantee is reserved for Customers. Borgo Cashmere is therefore responsible towards Customers for any lack of conformity existing at the time of delivery of the Products and which becomes apparent within two years of delivery of the Products. In this case, the Customer has the right to have the conformity of the Products restored, free of charge, by repair or replacement or to an appropriate reduction in price or to the termination of the contract according to the terms and conditions set out in art. 130 of the Consumer Code.
9.2. The Customer loses the aforementioned rights if he does not report the lack of conformity to Il Borgo Cashmere within two months of the date on which he discovered it. The action aimed at asserting defects not fraudulently concealed by Il Borgo Cashmere expires, in any case, within twenty-six months of delivery of the goods.
9.3. The costs necessary to make the Products compliant with the contract, including shipping costs, will be borne by Il Borgo Cashmere.
9.4. For the purposes of returning defective Products, the Customer must inform Customer Care by telephone or email ( customercare@ilborgo.it ), who will activate the procedure.
9.5. The Customer must return the defective Products to Il Borgo Cashmere by handing them over to the courier for shipping together with the Return Form included in the Product packaging, duly completed.
9.6. The Products, to the extent possible, must be returned in their original condition and packaging with the identification tag still attached.
9.7. To return defective Products, the Customer may contact the courier indicated by Il Borgo Cashmere and in this case the costs will be entirely borne by Il Borgo Cashmere. All information is contained in the Return Form included in the Product packaging. It is understood that the Customer is free to contact other couriers and in this case the related shipping costs will be entirely borne by the Customer. In this case the transport risks are entirely borne by the Customer.
CUSTOM PRODUCTS
10. Customized Products
10.1. Pursuant to and for the purposes of Article 59 c), Legislative Decree 206 of 6 September 2005 (“Consumer Code”), the right of withdrawal, cancellation or return is excluded in the case of Orders relating to tailor-made or clearly personalized Products.
10.2. In derogation of the provisions of the previous article 4.6., payment for customized Products is always made in advance of shipment.
10.3. In derogation of the provisions of the previous article 6.1, the delivery of the “Made To Order” Products will take place within the terms indicated in the Order.
APPLICABLE LAW AND DISPUTES
11. Applicable law and disputes
11.1. The Orders and these General Conditions are governed by Italian law and will be interpreted in accordance with it.
11.2. For all disputes relating to Orders and/or these General Conditions, the Court of Florence shall have jurisdiction.
CONTACTS
12. Contacts
12.1. For any further information, assistance or complaint, Customers are invited to send an e-mail to the following address customercare@ilborgo.it or to contact Customer Care, Il Borgo Cashmere Srl, Via del Bagnone 10, 50032 Borgo San Lorenzo (FI) Italy – Tel. +39 055 84 59 410