CONDITIONS OF SALE

Index:

1. Conclusion of the Contract
2. Purchase procedure
3. Payment methods
4. Delivery terms and costs – Invoicing
5. Customer's right of withdrawal
6. Warranties
7. Protection of personal data
8. Complaints

This document sets out the general terms and conditions of sale and online payment through the website corresponding to the domain name www.ballantyne.it (the “Site”), owned and operated by BALLANTYNE SRL, with registered office in Treviso, Via Piavesella 7, VAT number and Tax Code 04633070265, registered with the Treviso Companies Register under no. TV366015.

These general terms and conditions (hereinafter the “General Terms and Conditions”), save for any derogations specifically agreed in writing, govern the relationship between BALLANTYNE SRL (hereinafter “Ballantyne Srl”) and the customer, whether consumer or professional (hereinafter the “Customer”).

In order to purchase through our Site, the following conditions must be met:

• Being over 18 years of age
• Having a valid personal e-mail address
• Having the legal capacity to access the Site and enter into legally binding contracts
• Having a valid payment method among those accepted: credit card (American Express, Visa, Mastercard), PayPal, Scalapay or Apple Pay

The Site is addressed exclusively to users who qualify as “final consumers”, i.e. any natural person acting on the Site for purposes unrelated to any trade, business or professional activity they may carry out.

1. Conclusion of the Contract

1. To complete the purchase of one or more products on the Site, users may either (a) register a user account, thereby accepting all the terms of sale, or (b) complete the purchase without registering.

Users who choose to register an account (option a) must follow a standard three-step procedure: click on the “My Settings” menu at the top right and then on the “Register” link (once the account has been created, access is via the “Login” link); fill in the registration form with their first name, surname, country, e-mail address and a password, making sure to complete the password confirmation field; click on “Register” to complete the creation of the account.

Through this personal account it is possible to: manage personal account information; make purchases; track orders and review past purchases; save one's address for faster checkout.

Users who do not wish to register on the Site (option b) may nevertheless complete their purchase: in this case, only the data necessary to finalise the order will be requested.

The user must then fill in the order form on the Site, following the relevant instructions; the form is automatically transmitted to Customer Care. The form contains a summary of the essential characteristics of each product ordered, the price, taxes and duties, payment, delivery methods and costs, the conditions for exercising the right of withdrawal, and the procedures and time limits for returning the purchased products. Before finalising the purchase, the user is required to accept these General Terms and Conditions of Sale and of use of the Site and to check the data entered, correcting it where necessary. Users who do not agree with any provision of the General Terms of Use or of these General Terms and Conditions of Sale are invited not to submit the order form. By completing the order online, the Customer declares that they have read all the information provided during the purchase procedure and that they fully accept these General Terms and Conditions.

Once the correctness of the payment, the accuracy of the personal and shipping data and the availability of the ordered product have been verified, Ballantyne Srl will consider the order accepted and will confirm by e-mail that the order has been taken over and is being processed, together with all related information. The contract between Ballantyne Srl and the Customer is therefore concluded upon acceptance of the order by Ballantyne Srl and, in any event, subject to successful completion of the related payment.

2. Once the online purchase procedure has been completed, the Customer shall print or save an electronic copy of, and in any case retain, these General Terms and Conditions, in compliance — where the Customer is a consumer — with Articles 52 and 53 of Italian Legislative Decree No. 206 of 6 September 2005 (“Legislative Decree 206/2005”).

2. Purchase procedure

3. The Customer may only purchase online the products included in the electronic catalogue published on the Site (the “Products”) and marked as available at the time the order is placed, as described in the relevant product information sheets. It is understood that measurements, weights, dimensions and performance indicated in the information sheets are approximate values, and that the image accompanying a Product description may not perfectly represent its actual characteristics, due to the Internet browser or monitor used or other reasons not attributable to Ballantyne Srl, and may differ in colour, size, or the components and/or accessories shown.
4. Receipt and processing of the order are confirmed by Ballantyne Srl by e-mail, sent to the address provided by the Customer upon registration in the reserved area of the Site or when filling in the electronic order form. The confirmation message will indicate the date and time of receipt of the order and a “Customer Order Number” to be used in all further communications with Ballantyne Srl. The message will contain a summary of the order, all data entered by the Customer and these General Terms and Conditions. The Customer undertakes to verify their accuracy and to promptly communicate any corrections in accordance with the procedures described in the message itself. It is not possible under any circumstances to request changes to orders that have already been confirmed and/or dispatched. Any further orders placed will be processed and shipped separately.
5. The assortment shown on the Site reflects the actual real-time availability of each item, by size and colour, since the website is connected to all warehouses where the garments are held and all availability data is updated in real time. Upon receipt of the Customer's order request, Ballantyne reserves the right to confirm the availability of the items purchased and to verify the validity of the credit card transaction and the details of previous transactions carried out by the Customer on the Site. If the ordered items are unavailable, or if for any reason Ballantyne is unable to fulfil the Customer's order, Ballantyne will immediately notify the Customer by e-mail. In particular, in the case of products no longer available, or on sale at the time of the last access to the Site (or of submission of the order form) but subsequently no longer available, Ballantyne will promptly notify the Customer of the unavailability of the ordered products, and in any case within thirty (30) days from the day following that on which the order was transmitted.

If, for any reason, the contract is not concluded but payment has already been made by the Customer, Ballantyne will promptly refund the amount already paid.

Price and Currency

6. The purchase price of the Products is the price communicated to the Customer from time to time directly by Ballantyne through the Site and summarised in its total amount in the shopping cart, inclusive of VAT.
7. Payment for Products purchased online will be made using the method selected at the time of the order. Nothing further will be owed by the Customer beyond the order total shown at the end of the purchase procedure. Where an order for Products to be delivered outside Italian territory is accepted, the amount corresponding to the cost of the ordered Products will be increased — in addition to shipping costs — by any taxes required under the legislation of the country of destination of the purchased Products.
8. The official currency of the Site is the Euro. For countries outside the Eurozone, the exchange rate depends on the daily rates applied by the issuer of the credit card or payment method used (e.g. PayPal). Payments and all monetary transactions take place in Euro. Prices and exchange rates in currencies other than the Euro are indicative only, to help users better understand values: product prices may therefore be subject to updates and remain subject to applicable taxes. The amount charged to the Customer's credit card or PayPal account may differ from the amount indicated at the time of the order, as it is based on exchange rates subject to daily fluctuations and on bank fees. BALLANTYNE SRL invites Customers to contact their bank for detailed information on exchange rates and bank fees relating to their transaction. Users must always verify the accuracy of the final sale price before submitting the order form.

3. Payment methods

9. Payment for Products purchased under these general terms and conditions may only be made using one of the following methods: credit card, PayPal (www.paypal.it), Scalapay or Apple Pay.

9.1 Credit card

(a) Where Products are purchased by credit card, at the same time as the online purchase is concluded, the relevant bank will authorise only the earmarking of the amount relating to the purchase made. The amount relating to the goods dispatched, even partially, will actually be charged to the Customer's credit card only when the courier appointed by Ballantyne confirms that the ordered Product has been physically delivered.

In the absence of communication from the courier, or where such communication is not provided for certain types of shipment, Ballantyne — being unable to verify with certainty the exact delivery date of the ordered Product — reserves the right to charge the amount to the Customer's credit card on the day the Product or Products covered by the order are dispatched.

(b) In the event of withdrawal by the Customer pursuant to Legislative Decree 206/2005, or of non-acceptance of the order by Ballantyne, Ballantyne will promptly request the cancellation of the transaction and the release of the earmarked amount. Release times for certain card types depend exclusively on the banking system and may extend to their natural expiry (currently the 24th day from the authorisation date).

(c) Ballantyne reserves the right to charge the amount of the Customer's order to the Customer's credit card in order to prevent the expiry of the transaction authorisation referred to in paragraph (b) above.

(d) Ballantyne reserves the right to request additional information from the Customer (e.g. landline telephone number or ID details) or copies of documents proving ownership of the credit card used. The Customer acknowledges that, failing submission of the requested documentation, the order may not be accepted.

(e) At no point in the purchase procedure is Ballantyne able to access or store the Customer's credit card details, which are transmitted via a secure connection (encrypted protocol) directly to the bank handling the transaction, without passing through the servers or databases of Ballantyne or of any third party other than the bank itself. The electronic payment transaction is completed by redirecting the Customer to a page outside the Ballantyne site, managed directly by the bank appointed to handle online payment services. Upon completion of the electronic payment transaction, the Customer will be automatically redirected to the page of the Ballantyne Site confirming completion of the transaction.

By virtue of the above, no Ballantyne computer archive will retain such data, either at the time of the transaction or subsequently. Under no circumstances may Ballantyne therefore be held liable for any fraudulent or improper use of credit cards by third parties in connection with payment for Products purchased on the Site.

In order to ensure greater protection for online purchases, BALLANTYNE SRL recommends that its Customers subscribe to the Verified by Visa or Mastercard SecureCode services, requesting a PIN security code with which to make purchases in complete safety. For further information please visit: www.cartasi.it

(f) Where the Customer pays by credit card, Ballantyne cannot be held liable for the outcome of the transaction, which depends exclusively on the third-party provider of online payment services, which will in any case be selected from among the leading national operators in the sector.

(g) The Customer acknowledges that the submission of the purchase order and the payment of the price take place through electronic communication networks and services whose proper functioning is beyond Ballantyne's control and for which Ballantyne cannot therefore be held liable in any way.

9.2 Payment via PayPal

(a) Where the PayPal payment method is used, the Customer may pay for the order directly through their verified PayPal account. Ballantyne advises that only payments made from verified accounts will be accepted, and reserves the right to ship the Products covered by the Customer's order to the address indicated on the verified PayPal account.

(b) Payments for orders of Products originating from unverified PayPal accounts will be cancelled and, consequently, not fulfilled by Ballantyne.

9.3 Payment via Scalapay

If you buy with Scalapay, you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be assigned to Incremento SPV S.r.l., to related parties and to their assignees, and you authorise such assignment.

9.4 Payment via Apple Pay

Where Apple Pay is used, the Customer may pay for the order directly from enabled devices, using the cards registered in their Apple Wallet. Card details are handled exclusively by Apple and are at no time disclosed to Ballantyne.

4. Delivery terms and costs – Invoicing

10. The ordered Products will be sent to the address indicated by the Customer upon registration in the reserved area of the Site or — if different — to the address indicated in the relevant order, preferably within Italian territory. The Customer acknowledges that a request for delivery of Products outside Italian territory may result in non-acceptance of the order by Ballantyne.

The delivery status of the order will be visible to the Customer by accessing the Site and consulting the reserved area, in the section containing the history of purchases made by the Customer from Ballantyne.

11. For each order placed on the Site, Ballantyne will issue a regular invoice for the Products shipped, sending it to the order holder by e-mail, pursuant to Article 14 of Italian Presidential Decree 445/2000. For the purposes of issuing and preparing the invoice, the information provided by the Customer in the order form and upon registration in the reserved area of the Site shall prevail. Once the invoice has been issued, no changes may be made to the data entered therein.
12. Delivery costs, as set out on the Site and in the order, are borne by the Customer. Please refer to the “Shipping Information” section for any further details.
13. Orders are dispatched from Monday to Friday. Orders placed on Saturdays, Sundays or on public holidays or the days preceding them will be processed by Ballantyne from the first working day following the day of submission.
14. Delivery of the ordered Products to the Customer will be made in personalised “Ballantyne” packaging, protecting the original packaging provided by the manufacturer, and entrusted to a specially appointed courier. The Customer will be informed of the courier appointed for delivery in the manner set out on the Site. No liability may be attributed to Ballantyne for delays in delivering the goods ordered.
15. The Customer may at any time check the progress and shipment status of their order by accessing the reserved area of the Site or directly via the link to the chosen carrier's website, by matching the “Customer Order Number” assigned upon order confirmation with the “Tracking Number” (or similar tool) assigned to each individual shipment.
16. Ballantyne's contractual performance towards the Customer is deemed fulfilled at the time and place at which the Products purchased by the Customer are handed over by Ballantyne to the courier appointed for delivery.

Delivery of the ordered Product by the courier is deemed to be at the Customer's street level, unless otherwise communicated by Customer Service.

17. Upon delivery of the purchased Product by the courier, the Customer must check: that the number of parcels delivered corresponds to what is indicated in the transport document sent in advance by e-mail; that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping). Any damage to the packaging and/or the Product, or any discrepancy in the number of parcels or in the indications, must be immediately contested by the Customer by adding a WRITTEN INSPECTION RESERVATION (SPECIFYING THE REASON FOR THE RESERVATION, e.g. “packaging punctured”, “packaging crushed”, etc.) on the courier's proof of delivery. Once the courier's document has been signed without any reservation specified on the proof of delivery, the Customer may not raise any objection regarding the external characteristics of the goods delivered.
18. If the Product held at the courier's warehouse is not collected within 5 working days due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, the ordered Product will be returned to Ballantyne's warehouses.

5. Customer's right of withdrawal

19. Pursuant to Articles 52 et seq. of Legislative Decree 206/2005 (Italian Consumer Code), a Customer who qualifies as a consumer has the right to withdraw from the purchase contract for any reason, without needing to provide explanations and without any penalty, within the time limits and in the manner indicated in the following articles.

If the prescribed procedures and time limits for exercising the right of withdrawal are not complied with, as specified in this paragraph and in the following articles, the Customer will not be entitled to a refund of the sums already paid to Ballantyne; the Customer may however recover, at their own expense, the products in the condition in which they were returned to Ballantyne. Otherwise, Ballantyne may retain the products, in addition to the sums already paid for their purchase. After 3 months from the date on which the garments are made available to the Customer for collection, the garments will be destroyed or otherwise disposed of without any further communication to, or request for consent from, the Customer.

20. To exercise the right of withdrawal referred to in Article 19 above, the Customer must send Ballantyne a notice to that effect within 14 working days of the date of receipt of the Products in respect of which the right of withdrawal is exercised. This notice, drawn up in accordance with legal requirements (see the dedicated form downloadable from the reserved area), must be sent by registered letter with return receipt, addressed to BALLANTYNE SRL – Customer Service – Via Piavesella 7 – 31020 Fontane di Villorba (TV) – e-mail customercare@ballantyne.it, anticipated by e-mail to be sent WITHOUT FAIL within 24 hours of dispatch of the registered letter and in any event within the aforementioned period of 14 working days from the date of receipt of the ordered Products.
21. Once the aforementioned withdrawal notice has been received, the Customer will promptly be provided with instructions on the return procedure, and a unique RMA (Return Merchandise Authorization) code will be assigned for the return of the Product(s), which must be carried out without fail using the packaging initially used for delivery, to the address and with the courier specified in the RMA. For the withdrawal to be accepted by Ballantyne, the Customer must print and enclose with the shipment the return acceptance document bearing the unique RMA code previously received from Ballantyne.

The returned Product must reach Ballantyne within 14 days of the date on which the Customer receives the RMA authorisation notice sent by Ballantyne. For this purpose, the date of delivery to the post office or to the carrier shall prevail.

22. The purchased Product must be returned intact, unused, unwashed and unaltered, complete with all its parts, with the related control tag or any single-use seals, and in its original packaging (including original wrapping and boxes and any accessory material such as, by way of example, dust bags, hangers and garment covers) as originally sealed by the manufacturer. To limit damage to the original Product packaging, we recommend placing it inside the box in which the goods were initially shipped, affixing the label provided by Ballantyne bearing the RMA number (return authorisation code); affixing labels or adhesive tape directly to the original product packaging must be strictly avoided in all cases.
23. Returns are free of charge for all European Union countries for orders of €300.00 or more. For orders below this amount, the costs relating to the return shall be borne by the Customer. For countries outside the European Union, shipping costs relating to the return of the Product shall be borne by the Customer; delivery costs to the Customer and any other ancillary costs and/or taxes and/or customs duties indicated at the time of the order will likewise not be refunded. For non-EU countries, the shipment, up to confirmation of receipt at Ballantyne's warehouse, is under the complete and total responsibility of the Customer. The same rule applies to exchanges of goods. Ballantyne accepts returns provided that the warranty seal on the garment has not been removed.
24. The right of withdrawal applies exclusively to the purchased Product in its entirety; it is therefore not possible to exercise withdrawal in respect of only one or more parts of the purchased Product. In the case of orders comprising several Products, withdrawal may be exercised in respect of one or more Products in the order, specifying the description of the Products to be returned in the withdrawal notice, pursuant to Article 20 above. In the case of withdrawal for an order containing more than one product, the returns must be sent to Ballantyne in a single shipment. Ballantyne reserves the right not to accept garments from the same order that are returned and shipped at different times.

In the event of damage to the Product during transport, Ballantyne will notify the Customer of the incident (within 3 working days of receipt of the Product at its warehouses), to allow the Customer to promptly file a claim against the courier or carrier and obtain reimbursement of the value of the Product (if insured); in this case, the Product will be made available to the Customer for its return, with simultaneous cancellation of the withdrawal request.

Ballantyne shall not be liable in any way for damage, theft or loss of the Products.

Upon arrival at Ballantyne's warehouses, the Product will be examined to assess any damage or tampering not resulting from transport. If the labels and/or tags of the Product(s) (both those sewn onto the product and those usually removed before use), the packaging and/or the original wrapping (including any additional accessory packaging material) are found to be damaged, Ballantyne will withhold from the refund due a percentage, in any case not exceeding 10% of the value of the Product, as a contribution to restoration costs.

25. Without prejudice to shipping costs, taxes and any customs duties incurred for the delivery of the purchased products, and any restoration costs withheld as a contribution for ascertained damage to the original packaging, Ballantyne will refund the Customer the amount already paid for the purchase of the Product as quickly as possible, and in any case within 14 days of the date of its return to Ballantyne's warehouses. The refund will be made using the same payment method used for the purchase.

If the recipient of the products indicated in the order form does not correspond to the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercise of the right of withdrawal, will in any case be made by Ballantyne to the person who made the payment.

The actual time for re-crediting or returning the sums paid for the purchase of the products depends on the payment method used: purchase by credit/debit card or Apple Pay: the refund time depends on the card, but normally occurs within two statements; purchase via Scalapay: the refund is handled by Scalapay, with cancellation of any instalments not yet due and reimbursement of those already paid; purchase via PayPal: the refund is made to the PayPal account and is immediately visible from the moment Ballantyne accepts the return. The actual refund to the credit card linked to the PayPal account ultimately depends on the credit card issuer, but normally occurs within 30 days.

26. The Customer forfeits the right of withdrawal, due to the absence of the essential condition of integrity of the Product (packaging and/or its contents), in cases where Ballantyne ascertains: even partial use of the Product and any accessories; the absence of the external packaging and/or the original internal wrapping; the absence of integral elements of the Product; the absence of the control tag attached to the Product or of other single-use seals; damage to the Product for reasons other than its transport. In such cases, the Products will remain in storage at Ballantyne's warehouse, available for collection by the Customer at their own cost and expense.

6. Warranties

27. All Products sold through the Site are covered by the manufacturer's warranty for conformity defects, lasting 12 months where the Customer is a professional operator (and, as such, holds a VAT number) and 24 months where the Customer is a consumer, as provided for by Legislative Decree 206/2005.
28. The manufacturer's warranty is provided within the terms established by law.
29. The warranty applies to a Product that presents a conformity defect, provided that the Product is used correctly, in accordance with its intended use and with the accompanying documentation. In the event of a conformity defect, Ballantyne will, at no cost to the Customer, restore the conformity of the Product by repair/replacement, or reduce the price, or terminate the contract. If, following inspection by Ballantyne, the defect does not prove to be a conformity defect, the Customer will be charged any inspection and restoration costs, where applicable, as well as transport costs if borne by Ballantyne.

In the case of a return due to a manufacturing or shipping defect, shipping costs will be borne by Ballantyne only if our designated courier, duly indicated, is used for this purpose.

30. If Ballantyne is, for any reason, unable to return a Product under warranty (restored or replaced) to its Customer, it may, at its own discretion, refund the amount paid, taking into account the use of the Product, or replace it with a Product of equal or superior characteristics.
31. The time required to repair or replace the defective Product depends exclusively on the manufacturer's policies, and no damages may be claimed from Ballantyne for any delays in carrying out repairs or replacements.
32. Where application of the warranty requires the return of the Product, the Product must be returned by the Customer in its original packaging, complete in all its parts (including wrapping, accessory packaging materials and any documentation and accessories). To limit damage to the original packaging, Ballantyne recommends placing it inside the box sent with the initial shipment.

7. Protection of personal data

33. Ballantyne, as Data Controller, processes Customers' personal data in accordance with Regulation (EU) 2016/679 (GDPR) and with Legislative Decree 196/2003, as amended by Legislative Decree 101/2018. Full information on the processing of personal data — purposes and legal bases, retention periods, recipients and the rights of data subjects — is set out in the Privacy Policy available on the Site at https://www.iubenda.com/privacy-policy/7936604.

Subscription to the newsletter takes place only with the express, free and optional consent of the user, which may be withdrawn at any time via the unsubscribe link contained in each communication or by writing to customercare@ballantyne.it.

8. Complaints

34. Any complaint by the Customer must be addressed to: BALLANTYNE SRL – Customer Service – Via Piavesella 7 – 31020 Fontane di Villorba (TV) – Tel. +39 3276795265 – e-mail customercare@ballantyne.it

Applicable law

35. These General Terms and Conditions are governed exclusively by Italian law.

I ACCEPT

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they expressly accept the provisions of the following articles: 3 (summary description of the Products in the catalogue); 5 (right not to fulfil the order); 9.1(e) (exclusion of liability for fraudulent use of Customers' credit cards); 9.1(f) (exclusion of liability for the successful outcome of online payment); 9.2(b) (right to cancel orders paid from unverified PayPal accounts); 12 and 23 (delivery and return costs and taxes borne by the Customer); 16 (fulfilment of Ballantyne's obligations upon delivery of the Product to the chosen carrier); 17 (Customer's duty to inspect the delivered Products and acceptance without reservation in the absence of objections); 24 (right to withhold up to 10% of the value of the Product in the event of damage to the returned Product); 26 (forfeiture of the right of withdrawal and right to refuse the returned product); 33 (privacy) and 35 (applicable law) of these General Terms and Conditions.