The Seller invites you to read these General Terms and Conditions of Sale carefully before proceeding with any purchase through the Site.

1. **Subject and Scope of Application**

1.1 These General Terms and Conditions of Sale govern the distance selling of products on the site www.eusmarshopping.com/ (“Site”).

By placing an Order on our site, the Customer declares to have read, understood, and accepted these Terms and Conditions without reservation.

1.2 The purchase of Products through the Site can occur with or without registration and is allowed for both Customers who qualify as consumers and users who do not qualify as such. A “consumer” refers to individuals who, in relation to the purchase of products through the Site, act for purposes unrelated to entrepreneurial, commercial, professional, or craft activities they may engage in.

The Site is reserved for retail sales, consequently, it is prohibited for individuals intending to purchase Products for subsequent resale to make purchases on the Site.

1.3 Access to the Site and the purchase of Products through the Site are allowed for all Customers, regardless of their nationality, place of residence, or place of establishment, provided that, if they are individuals, they have the legal capacity to enter into binding agreements in compliance with applicable law (“Customer” or “User”). Delivery of the Products purchased through the Site can only be made exclusively in Italy.

1.4 The Customer declares that the data provided, both during any registration and during the purchase, are correct and truthful. The Customer is prohibited from entering false and/or invented and/or fictitious data in the registration and/or purchase procedure.

Double registrations or the entry of third-party data are expressly prohibited.

The Customer will keep www.eusmarshopping.com indemnified and held harmless from any responsibility, burden, or cost directly or indirectly connected or resulting from:

– entering incorrect data or data of third parties;
– non-compliant use by the Customer of the site www.eusmarshopping.com;
– use of the customer’s access credentials by third parties;
– violations by the Customer of these general conditions of sale.

In the event of violation of these prohibitions or in the case of orders, from anyone, that appear irregular in relation to the quantity of products purchased or the frequency of purchases made or in violation of the conditions for accessing promotions, the Seller reserves the right to take all necessary actions to cease the irregularities, including non-acceptance or cancellation of irregular orders or possible suspension of access to the Site and/or cancellation of registration to the Site itself.

1.5 The Seller reserves the right to modify these General Terms and Conditions of Sale at any time; any new rules will take effect from the moment of their publication on the Site and will apply exclusively to sales made from their publication.

1.6 The following means have been provided to contact the Seller: through the online form in the “Contact Us” section or via email at the following email address: assistenza [at] eusmarshopping.com.

**2. Conclusion of the Contract**

2.1 Orders and subsequent Contracts are governed by these Terms and Conditions of Sale and by any regulations applicable to the individual Order and Contract from time to time.

The General Conditions of Sale are made available to the Customer through the “Terms and Conditions” section of the Site, accessible via the corresponding link in the footer of the Site. The Customer is allowed to store and reproduce them. They are also made available to the Customer via a specific link during the purchase process and must be accepted in order to proceed with the purchase.

The version of the General Conditions of Sale published on the Site at the time of the Order submission by the Customer will apply to each individual Order.

The sale of Products on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 and following) of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”) and by Legislative Decree No. 70 of April 9, 2003, containing the rules for electronic commerce.

2.2 To conclude the Purchase Contract (“Contract”),

a) The Customer must fully complete the order form present on the Site, accept these General Conditions of Sale, and submit the aforementioned form to the Seller, following the instructions that will appear from time to time; the order form sent by the Customer constitutes a contractual proposal, and the Seller reserves the right to accept (or not) this proposal.  

b) Before proceeding with the transmission of the order form, the Customer agrees to verify, carefully, the correctness of the data entered. Any additional charges arising from incorrect data may be charged to the Customer.  

c) At the time of order transmission, the Seller will charge the purchase price via the selected payment provider.  

d) Upon receipt of the Order, the Seller will send a message confirming receipt of the order (“Order Receipt”). This does not constitute acceptance of the order, but merely the confirmation by the Seller of having received the Order.  

Both the Order Receipt and the Order Confirmation contain all essential data related to the Order, including, by way of example, the list of purchased products, the price of the products, any shipping costs, the Customer’s identification data, and the billing/delivery address, as well as information about the right of withdrawal and the link to the General Conditions.

2.3 Without prejudice to the right of withdrawal referred to in the subsequent clause 10, the Customer may request to revoke the Order upon receipt of the Order Confirmation by sending an email to Customer Service.

In the case of revocation of the Order at the Customer’s request and if still within the above timeframe, the Customer will receive a confirmation email of the revocation, resulting in the Order being canceled and the price refunded without undue delay.

2.4 Each Order can be viewed by the Customer on the Site, in their personal area, if the Customer is registered on the Site, or through the link present in the “Contact Us”, “Online Purchases”, “Information about my order/my shipment” section in the case of Guest users.

**3 Products and Availability**

3.1 Our Products are managed by an external logistics service, and their availability, packaging, and transportation are outside our direct responsibility, as we operate with the dropshipping method. Therefore, we are not responsible for any errors, delays, damages, or losses that may occur during the shipping process.

3.1 a) All products offered for sale are detailed on the Site within their respective pages.  

Any visual representation of the products published on the Site (e.g., photographs, videos, etc.) is merely indicative. Such representation serves only to show the public the products for sale, without the Seller guaranteeing the absence of minor discrepancies between the image of a product published on the Site and the actual appearance of the same product (for example, regarding the colors of the products and/or packaging).  

In the event of differences between the product image and what is indicated in the product sheet text, the information provided in the product sheet text will always prevail.

3.2 Any limitations on the quantity of purchases (both minimum and maximum) will be indicated on their respective pages.

3.3 The informative page related to each Product will contain information regarding its availability.

Although the availability of the Products is constantly checked and updated, multiple users may purchase the same products simultaneously. In such cases, the Product may temporarily appear available while actually being out of stock or not immediately available, requiring a wait for restocking.

3.4 If the Product is no longer available for the above reason, without prejudice to the rights granted to the Customer by applicable regulations, the Seller will promptly notify the Customer via email, confirming the request for a refund of the amount already paid and reserving the right to compensation for damages to the Customer.

3.5 In the case of orders involving multiple Products, if the subsequent unavailability pertains only to some of the Products, the previous clause applies—without prejudice to the rights granted to the Customer by applicable regulations, including the right of withdrawal and the right to compensation for damages—limited to the Products that have become unavailable. In the case of partial resolution, while always preserving the right of withdrawal (see clause 10), delivery costs may not be fully refunded.

3.6 If a Product is unavailable, the registered Customer can request to be notified as soon as the product is back in stock by activating the “Notify Me” function present on the relevant page. The Customer who has submitted the request will be notified via email in case the Product becomes available in the following months. The availability request does not entail any obligation to purchase nor does it count as a reservation and/or order for the Product.

**4 Product Reservation**

For certain Products, the Seller offers the possibility to purchase specific special versions of the Product (for example, in particular colors or in limited edition versions or previews), which are not immediately available but must be ordered by the Seller on behalf of the Customer by selecting the appropriate button present on the product page.

The purchase of such Products is subject to these General Terms and Conditions of Sale, with the clarification that shipping times may exceed 30 days. The product sheet indicates a maximum shipping timeframe, with the consequence that the Customer, by proceeding with the Order and purchase of such Products, expressly accepts these extraordinary shipping times for the Products, in derogation of what is established in clause 9.

5. Cases of Order Cancellation by eusmartshopping

The Customer is informed that the following cases may result in the cancellation of their Order by the Seller. Where applicable, the rights attributed to the Customer by law are reserved, particularly those established in Chapter XIV of Title II of Book IV of the Civil Code and the Consumer Code.

Unavailability of Products

In the case of unavailability of the Product purchased by the Customer, Clause 3 applies.

Pricing Error

In the unlikely event that a product listed on the Site is mistakenly indicated at a price lower than the actual price, eusmartshopping will contact the Customer to verify whether they still wish to purchase the Product at the correct price. Otherwise, the order cannot be confirmed, and any amounts already charged will be promptly refunded.

Abuse of Promotions and Other Violations

eusmartshopping reserves the right to cancel the Order or the Contract, as applicable, if the Customer abuses a promotion or violates the provisions of Clause 14, notifying them in writing via email. Any amounts already charged will be refunded promptly.

We also reserve the right to cancel the Order or Contract in the case of notification from banking institutions regarding fraudulent transactions.

Force Majeure

Explicitly considered as cases of force majeure, in addition to those normally recognized by jurisprudence, are also the following cases:

• Total or partial strikes, internal or external to the company, transport or supply blockages for any reason, government or legal restrictions, IT failures, and telecommunications disruptions, including networks, particularly the internet.

In the event of force majeure, the Order will initially be suspended, notifying the Customer.

If after a period of 3 (three) months the parties confirm the persistence of the force majeure case, the Order will be automatically canceled, unless a different agreement is made between the parties.

6. Prices and Billing

6.1 The prices of products available for purchase on the Site, inclusive of VAT (where applicable), are indicated clearly and transparently on the Site. Invoices will be issued at the time of the conclusion of the Contract, i.e., at the moment of sending the Order Confirmation, and will be sent to the Customer via email. It is reminded that once issued, it is not possible to request changes to the data entered in the invoice. Therefore, the Customer commits to verify their data. The invoice will be available in the customer’s personal area, in the Orders section.

6.2 Delivery costs are communicated to the Customer during the Order checkout and reiterated within the Order Confirmation. The cost of each shipment may vary based on the delivery method, as well as the delivery location and/or the total amount of the Order, as well as what is provided in Clause 9.

6.3 Any changes to the prices of Products will take effect from the date of publication of the new prices on the Site.

8. Payments

8.1 For payment of the price of Products and related shipping and delivery costs, the Customer can use one of the methods indicated below. Some payment methods are available only in certain countries. Payment methods that are not available will not be selectable by the Customer during the checkout phase.

8.2 The Seller will charge the purchase price at the time of sending the Order.

8.3 Payment by Credit Card

Payment by credit card (Cartasi, Visa, Mastercard, American Express, Postepay) must be made to eusmartshopping.

In cases where the Customer purchases Products with credit card payment (simultaneously with the conclusion of the order), the relevant Bank will authorize only the charge of the amount related to the purchase made. In case of cancellation of the order either by the Customer or in the event of non-acceptance of the contract by eusmartshopping, eusmartshopping will request the immediate cancellation of the transaction and the reversal of the committed amount. The release times depend solely on the banking system, and once the transaction cancellation is made, eusmartshopping cannot be held responsible for delays and/or damages caused by the banking system. eusmartshopping reserves the right to request additional information or the submission of copies of documents proving ownership of the card used. If such information and/or copies are not provided, eusmartshopping reserves the right not to accept the conclusion of the contract. At no time during the purchase process using a credit card does eusmartshopping have access to the personal information regarding the payment tool used, as this information is transmitted directly to the bank institution managing the transaction via a secure protocol. Therefore, eusmartshopping cannot be held responsible for any fraudulent use of credit cards by third parties at the time of payment for products purchased on its site or similar events.

8.4 Google Pay

Payment through Google Pay will be made to eusmartshopping.

To make a payment through Google Pay, the customer must click on the GPay button at the time of checkout; once they have entered their Google account, the amount related to the order will be charged to the selected payment method at the time of order acquisition. In case of order cancellation, either by the Customer or in the case of non-acceptance by eusmartshopping, the amount will be refunded to the payment method used through the Google Pay platform. In case of order cancellation either by the Customer or in the case of non-acceptance of the contract by eusmartshopping, eusmartshopping will request the immediate cancellation of the transaction and the reversal of the committed amount.

8.5 Apple Pay

Payment through Apple Pay will be made to eusmartshopping.

To make a payment through Apple Pay, the customer must click on the Apple Pay button (available only from iOS or OS) at the time of checkout; once they have entered their Apple account, the amount related to the order will be charged to the selected payment method at the time of order acquisition. In case of order cancellation, either by the Customer or in the case of non-acceptance by eusmartshopping, the amount will be refunded to the payment method used through the Apple Pay platform. In case of order cancellation either by the Customer or in the case of non-acceptance of the contract by eusmartshopping, eusmartshopping will request the immediate cancellation of the transaction and the reversal of the committed amount.

8.6 Security and Privacy

eusmartshopping is unable to access the personal information regarding the payment tool used by the Customer, as this information is transmitted directly to the Stripe platform via a secure protocol. Therefore, eusmartshopping cannot be held responsible for any fraudulent use of credit cards or other payment methods by third parties.

8.7 Cancellation of the Transaction

In case of order cancellation, either by the Customer or in the case of non-acceptance of the contract by eusmartshopping, eusmartshopping will request the immediate cancellation of the transaction and the reversal of the committed amount. eusmartshopping cannot be held responsible for any delays in the refund that depend solely on the banking system and Stripe.

8.8 Additional Information

eusmartshopping reserves the right to request additional information or the submission of copies of documents proving ownership of the card used. If such information and/or copies are not provided, eusmartshopping reserves the right not to accept the conclusion of the contract.

9. Payment on Delivery
Payment on delivery is available only for orders placed within the following countries: Italy. This method requires payment of the total amount due in cash at the time of delivery of the Products directly to the courier.

9.1 Procedure for Orders Placed with Payment on Delivery
a) Phone Confirmation: After placing an order with payment on delivery, the Customer must confirm by phone their intention to proceed with the purchase. Berrinaitalia.shop relies on an external company for this service, which will contact the Customer at the phone number provided during registration or the purchase process. If the Customer does not respond to the confirmation call within 48 hours, the order will be automatically canceled.
b) Data Verification: During the confirmation call, the Customer must verify and confirm the order details, including the shipping address, total amount, and payment method on delivery.
c) Additional Costs: The payment on delivery option may incur an additional cost specified on the order page, commonly referred to as checkout or cart. This amount will be added to the total order amount. The Customer will be informed of this additional cost during the purchasing process.
d) Customer Responsibility: It is the Customer’s responsibility to prepare the exact amount in cash to be handed over to the courier upon delivery. The courier may not be able to provide change.
e) Delays and Cancellations: In case of refusal to accept delivery by the Customer without prior notice or justified reason, we reserve the right to refuse further orders with payment on delivery from the same Customer.
f) Cancellation of the Order with Payment on Delivery: The Customer can cancel the order during the confirmation phase by directly communicating this intention to customer service.

9.2 Delivery Times
The delivery times indicated during the order process are indicative and not binding. Unless otherwise provided for in the “Product Reservation” paragraph, the Seller commits to delivering the products without undue delay and in any case no later than thirty days from the conclusion of the Contract. The delivery of the Products will be carried out using a leading courier. Delivery times vary depending on the destination location and are indicative; delays in delivery may occur due to various reasons (for example, weather conditions and strikes).

9.3 Delivery Costs
Any delivery costs, if applicable, are borne by the Customer and are clearly stated during the order process. Nothing additional is due from the Customer beyond the total order amount.

Shipping costs may be waived if certain purchase thresholds are reached, during promotions, or for other reasons indicated during the purchasing process. In any case, any shipping costs will be clearly indicated in the cart during the purchase phase.

9.4 Product Shipping
The ordered products will be sent to the postal address specified by the Customer. When the Seller entrusts the Products to the courier, the Seller will promptly send the Order Confirmation, including the tracking number of the shipment.

9.5 Delivery Days
Orders are delivered only on working days. Delivery is considered completed when the Product is made available to the Customer at the address specified in the Order.

9.6 Non-delivery
In the event of non-delivery due to the impossibility and/or absence of the recipient to receive the Order, the courier will hold the order at one of its facilities and make it available for pick-up for a maximum of 10 days.

In any case, the Customer will receive an email from the courier containing the link to unlock the hold and schedule another delivery. In case of issues during the process, the Customer may contact Customer Care, which will proceed to unlock the hold.

If the Customer does not recover the Products within the subsequent 7 days, they will be returned by the courier to the Seller, and the Contract will be terminated.

9.7 Delivery Inspection
Upon delivery of the Products by the courier, the Customer must carefully check that the number of items delivered matches what is indicated on the transport document and that the packaging is not damaged or altered in any way. In case of anomalies or damages, the complaint must be made immediately to the courier, refusing the delivery or including in the receipt document presented by the courier the phrase “ACCEPTED WITH RESERVE,” and promptly notifying Customer Service of the incident. In any case, the provisions regarding the right of withdrawal and legal warranty of conformity remain unchanged.

9.8 Damage Claims
Any damage to packaging and Products or discrepancies in the number of pieces/boxes or indications must be immediately reported by the Customer, who can contact the Seller through Customer Service, specifying the Order for which such issues occurred.

9.9 Force Majeure
Cases of force majeure, unavailability of transport means, as well as unforeseen or unavoidable events causing a delay in deliveries or making deliveries difficult or impossible, or causing a significant increase in delivery costs borne by the Seller, will entitle the latter to divide, postpone, or cancel, in whole or in part, the expected delivery or to cancel the Order (see also clause n. 5 “Cases of order cancellation by Berrinaitalia.shop”).

10. Right of Withdrawal and Refund
10.1 Consumer Rights
This clause applies to consumer Customers. Within 14 (fourteen) days from the date of delivery of the Order, the Customer has the right to withdraw from the purchase contract without any penalty and without providing any reason.

10.2 Verification of Term
To verify compliance with the above term, the delivery date of the Products resulting from the courier’s website or the date of the email sent will be considered. It is advisable to return the goods using a tracked shipment.

10.3 Exercising the Right of Withdrawal
If the Customer decides to exercise the right of withdrawal mentioned above, they can choose one of the following methods:

– send a communication to the email assistenza@berrinaitalia.shop

– use the procedure available on the Site: log into their account, go to the “Orders” section, enter the order and click the “Request withdrawal/return” button, following the instructions for returning the products subject to withdrawal, indicating in the return reasons “PRODUCT – I changed my mind.” Otherwise, if the purchase was made in “guest” mode, the Customer can access the above procedure through the link found in the footer of the homepage under Contact Us – dropdown menu select the Return Request option.

10.4 Return Procedure
Once the withdrawal communication has been received, the Seller, after verifying compliance with the terms and conditions to exercise the right of withdrawal, will send an email of “return opening” to the Customer, containing the procedure to follow for the return of the products.

In particular, the Seller will contact the Customer to provide instructions for the return.

The direct cost of returning the Products is borne by the Customer. The Customer can choose their preferred shipping method, as long as it is traceable, and will be responsible for the risks of loss or damage to the Products during the return shipment.
The Product being returned must arrive at the Seller’s address within 30 days from the receipt of the return opening communication for any return method chosen.

10.5 Refund Procedure
In case of withdrawal communicated by the Customer according to the methods referred to in the previous article, the Seller will refund the Customer for all amounts paid by them, where applicable, or, in the case of Orders including multiple Products, the amount of the returned product, including, in the first case, delivery costs, if applicable, within 30 days from the day the Seller was informed of the Customer’s decision to withdraw from the contract. It is understood that the Seller is not obliged to refund the additional costs expressly requested by the Customer at the time of the Order.

10.6 Refund Process
Regardless of the correspondence between the recipient of the Products indicated in the Order and the person who paid the sums due for their purchase, the refund of the sums will always be made by the Seller to the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of another payment method used for the purchase), unless the Customer made the order using the cash on delivery payment method. In this case, the Customer must provide an IBAN for which they are the account holder and/or owner.

The Seller, where provided by applicable law, reserves the right to withhold the refund until it has received and verified that the returned Products meet the requirements stated in clause 10.11 of the following terms and conditions.

10.7 Customer Responsibility
The Customer is solely responsible for any decrease in the value of the goods resulting from handling the Product in a manner other than that necessary to establish the nature, characteristics, and functioning of the Product itself. The latter must, however, be handled with ordinary diligence and returned intact, complete in every part, perfectly functional, accompanied by all eventual accessories, manuals/instructions, and seals, where present, still attached to the Product and intact and not tampered with, as well as free of signs of use or dirt (for example, by way of example but not limited to, the wheels of strollers must be in perfect condition and show no signs of any kind), and if possible, in the original packaging.

This means that the refund in case of withdrawal will be reduced proportionally to the decreased value resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the products.

10.8 Exclusions from Withdrawal
Moreover, withdrawal is excluded for goods customized according to the Customer’s request, for medical devices, as well as for sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery, as well as for food items.

Customized Products cannot be returned or refunded. Customization includes, but is not limited to, engravings,