The following General Terms and Conditions of Sale (the “General Terms”) govern the purchases made on our website www.thebs.com (the “Site” or "thebs.com”), the use of the Site and the services made available to you (the “Services”) in accordance with Italian Legislative Decree number 70/2003 on services provided by IT companies and e-commerce and with the provisions set forth in Part III, Title III, Chapter I of the Consumer Contract, Italian Legislative Decree number 206/2005, as amended by Italian Legislative Decree number 21/2014.
The provider of services performed under these General Terms is Top Retailers S.r.l. (Top Retailers, "we"), a company with registered office in Italy, Via Agnello n. 19, Milan, and geographical address in Italy, Via Gian Domenico Cassini n. 12/F/R, Genoa, registered in Milan, tax code and VAT number 05275180965, fully paid share capital of EUR € 497.380,92, hereinafter referred to as “Top Retailers”.
Top Retailers can be reached via email (firstname.lastname@example.org), by fax ( +39 010 81 78321) or by phone (+39 010 81 78 320).
The General Terms and Conditions of Sale do not regulate the sale of products or the supply of services performed by third parties that are on thebs.com through links, banners or other hypertext links for which Top Retailers cannot be deemed liable.
Top Retailers’s products for sale and e-commerce business services are available exclusively to individual consumers, aged 18 or above, who access the Site for purposes which are outside his or her trade, business or profession (the “Customer”, “you”).
The General Terms and Conditions of Sale may be amended from time to time. The General Terms and Conditions of Sale shall be effective as of the date of publication on thebs.com. The applicable General Terms and Conditions will be those effective at the time of placing the purchase order.
Under this agreement, Top Retailers offers for sale and the Customer buys remotely, exclusively via the internet, the goods described and offered for sale on the Site www.thebs.com.
Before placing any orders, you undertake to read these General Terms and the pre-contractual information below carefully and accept them by ticking the “Accept” checkbox as specified below.
The order confirmation email contains the link to the General Terms. We recommend you should save and keep a copy of the General Terms, as provided for by article 51, paragraph 1 of the Consumer Contract, as amended by Italian Legislative Decree 21/2014.
Before entering into the purchase contract with us, you view the characteristics of the products offered for sale on the Site that are displayed on the single product pages accessible from every section.
Before the completion of the contract with the authorization to proceed to payment, Top Retailers makes available to you on its Site or through this document the following information:
The languages offered for the conclusion of the contract are Italian and English.
You do not need to register to the Site to access the Site’s contents and to make a purchase.
In case you decide to register, you must click on the “Sign in or register” link placed at the right top corner of each page of the Site and enter the requested data. The information will be used by Top Retailers to manage your account and, if you have subscribed to Top Retailers newsletters, to send our newsletters to you.
Before proceeding, you are bound to read the General Terms. You are requested to accept, through a compulsory step, the General Terms by clicking on “Accept General Terms and Conditions of Online Sale”.
At the end of the above procedure, an email will be sent to the email address provided to Top Retailers, containing the details of the account and a link to an area where you will be able to set your password for future access.
The products can be viewed and selected through the product pages published on the Site.
The product is selected for the purchase and added to the chart by clicking on the button “Add to Shopping Bag”.
At the top of each page, an icon indicating the number of products in the cart is always displayed.
Before submitting your order, it is always possible for you to check your order and correct any errors, remove items from the cart and /or modify the quantity and the size of the products in the cart.
After having identified and checked the products added to the cart, the non-registered customer completes the order process by clicking on the “Continue unregistered” button. The un-registered customer will then access a page where he/she will have to complete a form with mandatory data (“Shipping info”):
After having entered the requested data, you can untick the Billing Data checkbox in case the shipping info and the billing info do not coincide. In case they are different, you will have to fill in the billing information.
To proceed in the purchase process, you will have to click on the “Continue” button.
If you are a registered Customer, you can check the items in your cart by clicking on the “Checkout” button and then on “Continue”. You will access a new window where to enter your email address and password and then click on “Continue”. In case the shipping and / or billing information are different from those previously used, you can enter the new relevant data.
To proceed, you must click on the “Continue” button.
At this point, both registered and un-registered customers will access the final page that contains a list of the articles in the cart and the total price (including shipping costs).
Before proceeding, you are bound to read the General Terms that can be found at the link displayed below the “Authorize Payment” Button. That button will be clickable only after ticking the box by which you declare to have read and accepted the General Terms, thus enabling payment and the execution of the order.
Therefore, before submitting the order and making the payment, you can check carefully the content of the cart and the purchase price of the items in the cart.
Finally, to authorize the payment, you will have to click on “Authorize payment”.
Top Retailers reserves the right not to process orders for countries that are not in the scope of its activity.
Top Retailers without undue delay will send an e-mail to the customer containing a summary of the ordered items and the ID order number.
The contract is considered completed when you receive a successive e-mail in which Top Retailers confirms that the order has been accepted and that the purchased items are being prepared for the shipping (the “Order Confirmation E-mail”). The Order Confirmation E-mail contains a summary of all the elements of the contract:
Top Retailers reserves the right not to accept orders placed by a Customer who has previously broken the General terms, with whom there are pending legal cases or claims, who has abusively exercised the right to cancel, who has carried out fraudulent activities. In the above cases, no contract shall be executed and we shall inform you by e-mail that the contract has not been executed and that you will receive a full refund of the sum eventually paid.
Top Retailers ensures that through our IT system, the processing of orders and the dispatching of the purchased products are carried out without undue delay. To this end, the availability of products displayed on the product page is updated in real time.
However, due to the simultaneous presence on the Site of more users and the potentially high number of transactions taking place, the products displayed might be no longer available by the time you place your order.
Top Retailers shall inform you promptly and anyway within thirty (30) days from the day after Top Retailers has received your order of the unavailability of the ordered products. Top Retailers shall inform you of the time needed to provide you with the ordered product and you will be given the option of reconfirming your order. Alternatively, if the products will not be restocked, Top Retailers shall refund the full amount eventually paid without undue delay.
Even after the Order Confirmation Email sent by Top Retailers, there might occur a total or partial unavailability of the products. In that case, you will be immediately informed by email of the unavailability of the ordered products and we shall refund the full amount without undue delay. In this case, this contract shall be automatically terminated.
Prices shown on the Site are in local currency where supported (Euro €, GBP £, USD $, AUD $, JPY ¥) and in Euro € or USD $ in the remaining countries. Prices are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable. In non-UE countries, taxes and duties are either included in the price of the product selected or indicated as single items in the cart.
Prices shown on the Site are determined by Top Retailers.
Shipping costs, if any, are not included in the sale price but are clearly displayed at checkout and are included in the total cost amount shown at the end of the purchase process and before authorizing payment.
You hereby accept that Top Retailers reserves the right to modify the prices at any moment. In any case, the purchased products will be charged based on the prices displayed on the Site when you placed your order and indicated on the order summary page accessible before submitting the order by clicking on the “Authorize Payment” button.
In the case of errors that result in a substantial change in the sale price that makes it clearly excessive or significantly low, your order will be cancelled and you will receive a full refund as soon as possible and, in any case, within fourteen (14) days from the order’s cancellation.
We accept the following payment methods:
If payment is made through Paypal, all costs shall be charged only after we have sent the Order Confirmation E-Mail and the goods have been prepared for shipping. We shall cancel your order in the event that we are unable to obtain authorization for payment.
If you choose to pay via bank transfer, we will communicate our bank details in the order confirmation e-mail. The ordered goods will be dispatched as soon as we receive full payment of the order.
Purchased products are delivered through a courier service at the address you provided.
You are responsible for the address provided to Top Retailers for the delivery of the purchased products. The address cannot be modified after the completion of the purchase contract.
Top Retailers shall not be deemed liable for any agreement between you and the courier regarding a delivery address different from the one provided when finalizing the order and indicated in the order confirmation email.
For security reasons, we do not deliver to PO boxes.
We offer express delivery for some countries. You will be able to see whether or not express delivery service is available when placing your order. Costs for express delivery are displayed when you are requested to select the service. For all the details relating to Shipping and Delivery please refer to the Orders and Delivery section of the Site.
Top Retailers shall start the shipping process as soon as we send the Order Confirmation E-Mail to you and shall deliver the purchased goods without undue delay and, in any case, within and no later than thirty (30) days from the day we send the Order Confirmation E-Mail.
Once the courier has collected the purchased products, we confirm shipping to you via e-mail and provide you with the indication of the courier used and the tracking number.
The delivery times provided by the courier and indicated in both the Orders and Delivery section of the Site and in the Shipping Confirmation E-Mail, are indicative.
If Top Retailers fails to deliver within thirty (30) days, you are bound, except for exemption cases, to ask Top Retailers to deliver within an additional period appropriate to the circumstances. If the additional period expires unsuccessfully, you may terminate the contract, without prejudice to the right to compensation of damages.
Delivery is considered fulfilled when the product is made physically available to you, or a third party specified by you, to the delivery address you specified in the order page. From the time the courier delivers the goods to the address you gave us, you take full responsibility for any loss or damage that may occur to your purchased goods for reasons not attributable to Top Retailers.
The courier can utilize devices to gather electronic proof of delivery.
In case of missed delivery, the purchased product will be returned to Top Retailers, the contract shall be automatically terminated and Top Retailers shall refund the full amount paid by the customer and retain the cost of the unsuccessful delivery, the cost of returning the order to Top Retailers and custody fee.
Upon delivery, the customer is required to promptly verify the integrity of the package and the conditions of the product delivered.
Any damage to the product or packaging or non-correspondence of the products to those ordered, must be immediately reported to the courier by writing ‘Unchecked’ on the proof of delivery.
If case of delivery problems or delays, you are advised to promptly contact Top Retailers about this.
You have the right to withdraw from the present contract, without the need to provide any reason, within fourteen (14) days. The right to withdraw expires after fourteen (14) days from the date on which you receive the purchased product or, in case of multiple purchases within the same order, the last of the products purchased.
If you want to exercise the right to cancel, you must inform Top Retailers, before the cancellation period expires, and provide a declaration explicitly stating your decision to withdraw from the contract by by email to email@example.com. To exercise your right to cancel you can also use the sample form available at this link.
Alternatively, the registered customer who intends to return an order can follow the online return procedure available in the personal area (provided that you were logged in when placing the order or that you used the email address of your account). For the online procedure online, you must log in to your account, select the order containing the item(s) to be returned, request a return for the item(s) you intend to return and indicate the preferences in order to arrange for the pick up.
As soon as Top Retailers authorizes the return of the goods, Top Retailers shall send you an email containing the return label. Top Retailers shall also agree with you and the courier on the date, time spam and pick-up address. You are required to seal the package, attach the return label provided via email and handle the package to the courier booked by Top Retailers.
You shall return cancelled orders to the address specified by Top Retailers via e-mail without undue delay, and in any event, no later than fourteen (14) days from the day on which you communicated your cancellation of the contract to us.
Top Retailers shall reimburse you provided you comply with the terms and conditions for the exercise of the right to cancel as provided for above. In case of returns from EU countries, return shipping is free of charge therefore no costs of return shipping costs shall be deducted from your reimbursement. In case of returns from countries outside the European Union, you will have to pay for the international shipping costs and duties (DDP).
In case you do not comply with the terms and conditions for the exercise of the right to cancel as provided for above (including the use of a courier different from the one identified by Top Retailers), Top Retailers reserves the right not to accept the return of the goods, without extra costs to be borne by Top Retailers.
PThe products must be returned complete (with the identification tag still attached to the products with the disposable seal) and unused, in their original packaging as the latter is an integral part to the product, in Top Retailers’s original packaging and must include all their components, labels, Top Retailers tear resistant tag(s), accessories, if any, and tax documents.P
You are liable for any diminished value of the goods resulting from the handling of the purchased goods other than what is authorized by Top Retailers as necessary to establish the nature, characteristics and functioning of the goods. More in particular, the goods must not be used, modified, worn and/or washed.
For hygiene and health reasons, Top Retailers does not accept returns of earrings of any kind, as set forth in article 59 of the Consumer Contract.
Only after Top Retailers has received the returned products and checked that they meet all requirements and that you have exercised your right to cancel properly, Top Retailers shall reimburse, without undue delay and, in any event, within fourteen (14) days from the day on which Top Retailers received the returned goods:
Top Retailers may withhold reimbursement until we have received the goods back. Top Retailers shall make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. If you return an order paid with CoD, you will receive a refund by bank transfer. Please provide your bank data when requesting a return. The time needed to refund the amount you paid for purchasing the returned products may vary according to the form of payment used.
Top Retailers has the right not to refund the total amount you paid to purchase the goods in case the returned goods are not complete in all their parts or have been altered from their original status. In this case, you will be entitled to receive not the full refund of the amount paid but a percentage of that amount that will be communicated via e-mail by Top Retailers without undue delay, and based on the determination of the loss in value of any goods supplied.
Within fourteen (14) days from receiving the e-mail by Top Retailers on the percentage of the refund, you will have the right to choose to have the products delivered to you at no expense by Top Retailers and in the same conditions in which the products have been returned to us.
We reserve the right not to accept returns from countries other than the country where the purchased goods have originally been shipped.
If the item ordered is not the right size, you must return the product and order another size or another item.
For information on the right of withdrawal and to start the return procedure, please see the paragraph "Right to Cancel" of these General Terms and Conditions of Online Sale.
If one or more products purchased in a single order to which a promotional discount has been applied are returned without this invalidating the conditions of the promotional offer, Top Retailers will refund the total of the order. If one or more products purchased in a single order to which a promotional discount has been applied are returned and this invalidates the conditions of the promotional offer (as, for example, a minimum spent), Top Retailers shall reimburse the amount paid minus the amount of the promotional discount granted.
Promotional offers on orders with multiple items
In the case of a promotional offer based on the purchase of at least two eligible products and where the discount is applied to the total order:
The products offered for sale on thebs.com are authentic and provided to Top Retailers by producers and authorized dealers selected among the top quality retailers both in Italy and worldwide.
The product pages on the Site contain a description of the essential characteristics of the products offered for sale.
We cannot guarantee that all descriptions are error free and always accurate. Small differences between the descriptions on the Site and the actual product may also exist. We undertake to correct all errors in the shortest possible time since having been informed about them.
Moreover, the images of the products on the Site do not constitute a contractual element as they are for illustrative purposes only.
Top Retailers shall be liable for any lack of conformity existing when the goods purchased on the Site are delivered that becomes apparent within two (2) years from the delivery of the goods.
You must notify us of any lack of conformity within two (2) months since discovering it.
In the event of lack of conformity, and following the notification of the lack of conformity, you shall be entitled to choose between repair and replacement of the product within a reasonable period unless the request is objectively impossible to satisfy or it is excessively expensive.
You must notify Top Retailers of any lack of conformity via e-mail and you must attach to the e-mail all the suitable tax documents. Top Retailers shall declare its availability to address the request or the reasons why it cannot be accepted within seven (7) days from the date of receipt of the e-mail.
In case Top Retailers is able to execute the request, you shall be bound to follow the procedure for the return of purchased goods. After having received the purchased goods and verified the lack of conformity, Top Retailers shall inform you of the time limit for the return of the repaired product or of the replacement or of the reasons why Top Retailers cannot execute the request.
If the repair or the replacement of the product is impossible or excessively expensive, or if Top Retailers has not repaired or replaced the product within the time limit above, or if the repair or the replacement previously carried out have caused you significant inconvenience, you shall be entitled to ask for a reasonable reduction of the price or the withdrawal from the contract with regard to the goods object of the claim.
In that case, you will have to forward your request to Top Retailers specifying the conditions for the total or partial refund of the amount previously paid.
Top Retailers shall communicate the proposed reduction of the price or the conditions for the return of the faulty goods (if available to you) and then proceed to full or partial reimbursement.
Any conventional warranties for the products sold are provided directly from the manufacturer or retailer and their existence and duration are specified in the relevant product data sheets.
All written communications to Top Retailers and any complaints shall be considered valid if sent to the following address: Via Gian Domenico Cassini n. 12/F/R, 16149 Genova, Italy, or sent by mail to the following address: firstname.lastname@example.org.
In the registration form, you shall provide your residence or domicile details, your telephone number and the e-mail address (which is a mandatory field) where you want to receive communications by Top Retailers.
We shall not be responsible for any non-performance due to force majeure and/or unforeseeable circumstances, including those depending on the malfunctioning of the Internet network, in the event that we do not succeed in executing the contract within the time limit established in this contract.
Top Retailers shall not be held liable for damages, losses and costs incurred by you as a result of failure to execute the contract for reasons not attributable to us, and you shall only be entitled to a refund of the amount paid and any charges borne by you.
We are not responsible for any fraudulent and illegal use, made by third parties, of credit cards upon payment of the purchased products if we prove that we have taken all possible precautions in accordance with the best cutting-edge science and experience at that time and according to ordinary diligence.
You shall not be held responsible for delays or mistakes in the payment if you prove that you made the payment in the times and manner specified by Top Retailers.
Top Retailers shall protect the data of its customers and is committed to processing data in accordance with the Italian Legislative Decree 196/2003 and the General Data Protection Regulation (EU) 679/2016.
Please find below summary information..
The Controller of personal data is Top Retailers S.r.l., to whom the customer can direct all the requests. The user can contact at any time Top Retailers at the e-mail address email@example.com.
Personal and fiscal data provided by the user during the purchase are collected by Top Retailers to fulfil pre-contractual, contractual and fiscal obligations (e.g. to allow order management, invoicing and product delivery, also through Customer Service, to provide the customer with the procedures for the execution of this contract and the necessary communications) as well as to fulfill the obligations required by laws.
The communication of the user personal data to purchase, pay and receive the products is compulsory, as a necessary condition for the proper and timely execution of this contract. In its absence, it will be impossible to provide the requested services.
With reference to the data necessary for the delivery, please note that they are communicated to the commercial partners who supply the products, as well as to couriers in order to carry out the delivery service.
With reference to the transaction information, please note that payments are received through authorized external payment providers in charge of managing payment data in compliance with the law (Paypal), or directly to Top Retailers current account via bank transfer.
The user may choose to provide additional information, only upon specific and distinct consent to its treatment (e.g. for marketing purposes); failure to provide the optional data shall not affect the conclusion of the purchase and/or the supply of services.
In any case the collected data will be kept for a period of time depending on the processing purpose.
At the end of the processing period, all data will be safely deleted or otherwise rendered anonymous in an irreversible way.
At any time, the user has the right to request information regarding his/her personal data owned by the Data Controller..
In particular, as data subject, the user enjoys the rights provided by articles. 7 of the Code and 15 of the GDPR and, if applicable, the rights provided by artt. from 16 to 21 GDPR (right of rectification, right to be forgotten, right to restriction of processing, right to data portability, right to object to the processing), as well as the right to lodge a complaint with the authority in charge.
Each order placed by you is stored in digital form on Top Retailers' servers in compliance with confidentiality and security policies.
You commit to printing and storing this contract once the online purchase procedure is completed.
The pre-contractual information and the information contained in the General Conditions have already been read and accepted by you. At this stage you acknowledge that you have read and accepted them as this step is mandatory before confirming your purchase.
You have the right to access the Site to browse and make purchases. You are not authorised to use the Site and its content in any other manner, and, in particular, for commercial purposes. The Site, in its entirety and in its contents, and the related terminology used are property of Top Retailers S.r.l. that owns all intellectual property rights.
A cookie is a small file that is sent by a website to the browser and saved on your device when you visit that website. Cookies allow the site to function, improve its services and provide information to the site owner.
It is possible for you to disable cookies through the settings of your browser. Please note that disabling cookies may affect the functioning of the website and/or limit the service we offer.
These General Terms and Conditions of Sale are governed by Italian law.
In case of disputes, Top Retailers is available to take part in an attempt to reach a friendly settlement. In this event, you will have to submit a complaint to RisolviOnline, an independent and institutional service provided by the Milan Chamber of Arbitration.
Pursuant to article 14 of Regulation 524/2013, you are informed that in the event of a dispute, you can file a complaint via the European Union ODR platform which is available at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for those who wish to resolve disputes arising from sales contracts or online services out of court. For more information please contact our Customer Care at firstname.lastname@example.org.
According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) you can use the Joint Conciliation procedure. The Procedure may be initiated if you have not benn answered or has received a response you do not deem satisfactory within 45 days after having made a complaint with the company. If you decide to start the Joint Conciliation procedure you are requested to send an email to email@example.com or fax your request at 02/87181126. For more information, please refer to: Peer Conciliation.
If the parties wish to bring proceedings before a court, the claim can be filed in the Court that has jurisdiction over the place of residence or domicile of the customer or, if the customer so wishes, in the Court of Milan, Italy.
Published 15 July, 2022