Terms & Conditions

1. General Provisions

1.1 These Terms and Conditions of Sale (hereinafter “Terms”) govern the offer and sale of clothing products (hereinafter ‘Products’) through the website https://www.bepaswimwear.com/ (hereinafter “Site”).

1.2 The Site is owned by “Bepa swimwear” di Paolo Cacciatore, with registered office in Genoa, Via Ambrogio Molfino n. 5, tax code/VAT number 03003620998 (hereinafter “Seller”).

1.3 The purchase of Products through the Site implies full and complete acceptance of these Terms by the user (hereinafter “Customer”). 1.4 The Seller reserves the right to modify these Terms at any time, without prior notice. Amendments will be effective upon their publication on the Site and will apply to sales concluded after such publication. The Customer is encouraged to periodically review the Terms before making any purchase.

2. Site Registration

2.1 In order to make purchases on the Site, the Customer can register by creating a personal account.

2.2 Upon registration, Customer will be asked for certain personal data, which must be true, accurate and up-to-date. Customer agrees to keep its login credentials confidential and to immediately notify Seller of any unauthorized use of its account.

2.3 The Customer is responsible for all activities that will be performed through his/her account.

2.4 The Seller reserves the right to suspend or delete a Customer's account in the event of a violation of these Terms or if it finds fraudulent or suspicious activity.

3. Product Information

3.1 Information about the Products, such as descriptions, images, prices, and availability, is available on the Site. Such information is provided as a guide only and may be subject to change or error.

3.2 The images of the Products presented on the Site are indicative and may not exactly correspond to the actual characteristics of the Product (for example, with respect to colors and sizes). 3.3 The Seller will endeavor to provide accurate and up-to-date information about the Products, but does not guarantee the absolute absence of errors. In case of discrepancies between the information on the Site and the actual characteristics of the Product, the Customer may exercise the right of withdrawal under Article 6.

4. Pricing and Payment

4.1 The prices of the Products are expressed in Euros (€) and are inclusive of VAT (Value Added Tax) applicable at the time of purchase.

4.2 Shipping charges and any additional costs (e.g., for cash on delivery or special packaging) are shown separately and are the responsibility of the Customer, unless otherwise noted.

4.3 The Seller reserves the right to change the prices of the Products at any time without notice. The price applicable to the order will be the price in effect at the time the order is submitted by the Customer.

4.4 Payment for the Products may be made via the payment methods indicated on the Site, including: credit/debit card, PayPal.

4.5 In case of payment by credit/debit card, the order amount will be charged when the Products are shipped.

4.6 In case of payment through PayPal, the Customer will be redirected to PayPal's site and the payment will be handled according to PayPal's terms and conditions.

4.7 All payments are handled securely using encryption protocols.

5. Conclusion of the Contract of Sale.

5.1 To place an order, the Customer must follow the online purchasing procedure found on the Site.

5.2 Before completing the order, the Customer should check the order summary, including the selected Products, quantity, total price (including VAT and shipping charges and any cash on delivery charges) and shipping information.

5.3 By clicking on the order confirmation button, the Customer will transmit to the Seller a contractual proposal to purchase the selected Products.

5.4 The receipt of the order by the Seller will be confirmed by sending a confirmation e-mail to the e-mail address provided by the Customer. Such e-mail will contain a summary of the order and these Conditions.

5.5 The contract of sale shall be considered concluded when the Seller sends the Customer the confirmation of shipment of the Products.

5.6 The Seller reserves the right not to accept incomplete or incorrectly filled orders, or if there is any doubt about the Customer's creditworthiness.

6. Right of Withdrawal

6.1 Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the contract of sale, without giving reasons, within 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Products. In the case of an order for several Products delivered separately, the term shall run from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last Product.

6.2 To exercise the right of withdrawal, the Customer shall inform the Seller of its decision to withdraw from the contract by means of an explicit statement (e.g., letter sent by mail, fax or e-mail). For this purpose, the Customer may use the model withdrawal form attached to these Conditions (Annex I, Part B of Legislative Decree 21/2014), but it is not mandatory.

6.3 Notice of withdrawal should be sent to the following address: info@bepaswimwear.it or to the certified e-mail address bepaswimwear@pec.it

6.4 To comply with the withdrawal period, it is sufficient for the Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

6.5 In the event of withdrawal, the Seller shall refund all payments received from the Customer, including delivery costs (with the exception of additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event within 14 (fourteen) days from the day on which the Seller is informed of the Customer's decision to withdraw from the contract. The refund will be made using the same means of payment used by the Customer for the initial transaction, unless otherwise expressly stated by the Customer and provided that this does not entail any additional cost for the Seller. In case of cash on delivery payment, the refund will be made by bank transfer or other method agreed with the Customer. It will be the Customer's responsibility to provide the bank details for the refund.

6.6 The Customer shall return the Products to the Seller without undue delay and in any case within 14 (fourteen) days from the day on which it communicated its withdrawal from the contract. The direct costs of returning the Products shall be borne by the Customer, unless otherwise specified by the Seller.

6.7 The Customer shall be liable for any diminution in the value of the Products resulting from handling other than what is necessary to establish the nature, characteristics and operation of the Products.

6.8 The right of withdrawal is excluded in the following cases under Article 59 of the Consumer Code:

    - Supply of sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery;

   - Supply of custom-made or clearly customized goods;

   - Other cases stipulated by law.

7. Shipping and Delivery

7.1 Products purchased on the Site will be shipped to the delivery address indicated by the Customer during the purchase process.

7.2 Delivery times are approximate and may vary depending on the destination and availability of the Products. Seller will use its best efforts to meet the stated delivery times, but shall not be liable for any delays due to force majeure or unforeseeable events.

7.3 Upon delivery, the Customer is required to check the integrity of the packaging and the conformity of the Products delivered with respect to the order placed. Any damage to the packaging or discrepancies must be immediately reported to the carrier and indicated on the transport document. The Customer shall also promptly inform the Seller.

7.4 In the event of non-delivery due to the absence of the recipient, the courier will leave a passing notice. The Customer shall contact the courier as soon as possible to arrange a new delivery or pickup at the indicated storage point. If delivery is also unsuccessful on the second attempt, the Products may be returned to the Seller, resulting in Customer being charged for shipping and storage costs.

8. Legal Warranty of Conformity

8.1 Pursuant to Articles 128 et seq. of the Consumer Code, the Seller shall be liable to the Customer for any lack of conformity of the Products existing at the time of delivery and manifested within 2 (two) years from that date.

8.2 Conformity defect means any defect or malfunction of the Product with respect to the description provided on the Site and which renders it unfit for its intended use or appreciably diminishes its value.

8.3 In the event of a lack of conformity, the Customer shall have the right to restoration, free of charge, of the conformity of the Product by repair or replacement, or, if such remedies are impossible or excessively onerous, to an appropriate reduction in the price or to termination of the contract, pursuant to Article 130 of the Consumer Code.

8.4 The Customer shall forfeit its rights under this Article if it does not report the lack of conformity to the Seller within the period of 2 (two) months from the date on which it discovered it. The complaint shall be sent in writing to the Seller at \[Address for Complaints] or e-mail address: \[Email Address for Complaints], detailing the defect found and, if possible, attaching photographic documentation.

8.5 The Seller will respond to the complaint as soon as possible and provide instructions on the procedure to be followed for the return or repair of the defective Product.

9. Intellectual Property

9.1 All content on the Site, such as text, images, logos, trademarks, graphics, videos, sounds and software, is the exclusive property of Seller or third parties and is protected by copyright and intellectual property laws.

9.2 Any unauthorized reproduction, modification, distribution, publication or use of the contents of the Site without the prior written consent of the Seller is prohibited.

10. Protection of Personal Data 10.1 The Seller processes the Customer's personal data in compliance with the current legislation on the protection of personal data (EU Regulation 2016/679 - GDPR and Legislative Decree 196/2003 as amended). The full information on the processing of personal data is available in the “Privacy Policy” section of the Site.

11. Applicable Law and Jurisdiction

11.1 These Conditions are governed by Italian law. 11.2 For any dispute relating to the interpretation, execution or termination of these Conditions, the Court of Syracuse shall have exclusive jurisdiction, subject to the provisions of the Consumer Code in relation to the consumer's forum.

12. Contact

13.1 For any information, complaint or communication, the Customer may contact the Seller at the following contact details:

 Via Ambrogio Molfino n. 5 – Genova cap 16154 (GE)
E-mail: info@bepaswimwear.it