TERMS AND CONDITIONS
Terms & Conditions
Welcome to our website. By browsing, accessing and/or using any part of our website you are agreeing to comply with and honor our Terms and Conditions. Please read our Terms and Condition and any other rules posted on our websites (collectively, the Terms of Service or “TOS”) carefully before placing an order with us on www.benetti-watches.com. We recommend that you also keep a copy of this TOS for future reference. If you do not agree with the terms and conditions set out in our TOS here, please refrain from using our website.
Some terms explained
The term Benetti Watches or “we“ or “us“ refers to Benetti Designs S.L. The terms “you“ “your“ “yours“ refers to our online visitors and customers. “Products”, “goods” are any items available for sale on our website www.benetti-watches.com.
About us
Benetti Watches is a registered company in Spain. Our company registration number is: B-87965836
Our registered address is C/Mayor 6, 3º Dcha, 28013, Madrid, Spain.
If you have any queries about our Terms and Conditions or any other rules posted on our sites please contact: contact@benetti-watches.com
The Benetti Watches trademark and its designs are registered in many countries worldwide. Any unauthorized or improper use of this trademark and/or its designs constitutes trademark infringement and will lead to legal actions against the infringer.
Changes to website
We may modify our TOS from time to time. We recommend that you read our TOS every time you use our site. If you do not agree to any change to our TOS, you must immediately stop using our website www.benetti-watches.com; your continued use of our site following any changes shall be considered as your acceptance of such changes. Any changes made after you have placed an order with us will not be affected unless we are required to do so by law.
We also reserve the right to temporarily or permanently remove or change our website or any part of it without notice and we shall not be liable to you for any such removal or changes.
Content of this website & Advice
The content of the website is for your general information and use only and may be subject to change without notice. It does not constitute any advice and should not be relied upon in making or refraining from making decisions. You confirm that the use of any information or material from our website is entirely at your own risk, for which Benetti Designs S.L shall not be held liable.
Links to third party websites
This website may also include links to third party websites that are maintained and controlled by others. These links are solely provided for your convenience. Any link to other websites are not an endorsement of such website(s) and we have no responsibility for the content or availability of the linked website(s).
Governing Law
These TOS shall be governed by and construed in accordance with the law of Spain. Your use and any dispute arising out of such use of the website is subject to the exclusive jurisdiction of the Spanish courts.
Prices / Shipping
Prices are quoted on our website including VAT (Value Added Tax) at the applicable rate with free shipping within the European Union. Orders are usually processed within 2 business days and the shipment should arrive within the following 3 to 7 business days depending on the destination. A confirmation email will be sent once the order has been dispatched. For orders to countries not included in our shipping destinations please contact us directly at contact@benetti-watches.com, these orders may be subject to additional shipping costs. Benetti Watches has the right to adjust prices and additional costs for products quoted on the Site at any time without notice.
Orders from outside the EU might be subject to import duties and tax costs which we have no control over and are not liable for. To further determine what additional charges may be applicable we suggest you contact the responsible customs office.
Product Images and information
Benetti Watches reserves the right to adjust and change product information such as product images and offers without notice. We work hard to ensure that our product images and information reflect the product as far as possible but colors may vary depending on the color setting on your computer, phone or tablet and we cannot guarantee that the colors will be displayed accurately. All images should be seen as illustration only, and do not safeguard correct appearance.
Payment
We accept the following payment methods via our gateway provider Redsys: Visa, Visa Electron, MasterCard, American Express and Maestro Debit cards as well as any other methods which may be clearly advertised on the Site from time to time. There is no additional charge for card payments unless otherwise specified. When paying with credit/debit card starting conditions apply as soon as the card transaction is approved.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Benetti Watches, we will not be liable for any delay or non-delivery.
Ordering
Benetti Watches reserves the right to change prices and correct incorrect prices on all orders. We also reserve the right to cancel any orders at any time. Any attempts at fraud will be reported to the authorities. Orders made in another person’s name without their consent, or any financial damages suffered to that person or Benetti Watches will be reported to the authorities. If any suspicion arises about the legality of an order we reserve the right to cancel this order.
For damaged or lost in transit goods, Benetti Watches is liable as long as you contact our customer service team on contact@benetti-watches.com within 28 days of your order confirmation.
If we receive an order that has not been collected from the post office (or equivalent shipping office) or has not been accepted by the customer, we reserve the right to charge you all the costs that we incur from shipping and handling your order.
If an item is out of stock or may be unavailable we reserve the right to cancel the order. We will notify you of this as soon as possible and inform you of a replacement or any equivalent products where possible.
Order acceptance
Once you have made your choice and have placed an order with us you will receive an e-mail acknowledging the details of your order. This e-mail is not an acceptance of your order or a proof of purchase, it is just a confirmation that we have received your order. Acceptance of the order and completion of the purchase contract between you and Benetti Watches will be complete when we e-mail you to confirm that the goods have been dispatched. The sales contract is concluded in Madrid, Spain and the language of the contract is in Spanish.
Benetti Watches reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that the item ordered is out of stock or unavailable or does not satisfy our quality control standards and is withdrawn, that shipping restriction applies to the particular item. We may also refuse to process, and therefore refuse to accept, a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party for withdrawing any merchandise from our website whether or not that merchandise has been sold out, removing or editing any content or material of our website, refusing to process a transaction or suspending an order after processing has begun.
Whilst we try our hardest to make sure that that the content and details on our website are accurate, we may discover from time to time an error in the pricing of our products. If we discover an error in the pricing of a product in your order we will let you know as soon as possible by e-mail or telephone. If a product in your order has been priced incorrectly we reserve the right to cancel such an order that has been accepted or in transit. If you have already paid for such an order that has been canceled we will refund you the full amount as soon as we are able to. Benetti Watches will be under no obligation to accept or fulfill an order for a product that was advertised at the incorrect price.
Right of Withdrawal / Cancellation policy
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice. The cancelation period will expire 14 days after the day on which you have acquired (or a third party other then the carrier and specified by yourself acquires) physical possession of the goods ordered.
To exercise the right to cancel you must inform us in writing by sending an e-mail to contact@benetti-watches.com or a letter to Benetti Designs S.L, C/Mayor 6-3ºDcha, 28013 Madrid, Spain. Once we receive your notice of contract cancellation, we will send you details of how to return your goods.
We recommend that you ensure the return shipment as you are under a duty to take reasonable care of the Goods and will be liable for damages to them until we receive them at our office. We recommend that you use a secure, trackable means to return your order to us and that you retain a proof of sending, in case of a dispute.
All items must be returned to us unused, in their original condition and from the country that the order was delivered to.
Please note that you must cover the cost of returning the Goods that were canceled under the ICACRs.
We will refund you the value of your order including the original shipping costs, using the same means of payment as you used for the initial transaction, within 14 days of receiving your notice of contract cancellation. If we do not receive the canceled order back at our office, we will arrange to have it collected from you via a courier at your cost.
We want to point out again that in order to use your right to cancel the order under the ICACRs you need to give us written notice of the cancellation any time after your order has been placed with us, up until 14 days from the day after you have received the order as described above.
Liability for Defect & Faulty Goods
If your product is damaged in transit, whether this damage is hidden or visible, you must report this immediately to the carrier within 14 days and to Benetti Watches within 14 days of receiving the order. Please examine your package carefully when it arrives and keep all packaging as this may be required when making a claim. We may also ask you to send a picture of the damages to ." contact@benetti-watches.com .
All our products are inspected when they are packed to make sure they are in a perfect condition. If you however receive a good that is faulty or damaged you must report this immediately to our customer service latest within 14 days of receiving the order. If you do not report such faults and damages within the legal timeframe the consumer shall not be entitled to reject the product. Any items that are damaged as a result of wear and tear is not classed as manufacturing fault and cannot be refunded.
As a consumer you have legal rights in relations to Goods that are faulty or not as described. Nothing in this TOS is intended to affect these rights. For more information on your rights please contact your local Citizen’s Advice Bureau or Trading Standard office.
Complaints
It is important that you check your order when you receive the shipment to verify that the products are not damaged and correct. If you receive an incorrect item or a damaged item, please contact us immediately within 14 days per e-mail (contact@benetti-watches.com ) and state your order number and reason for complaint. We will get back to you promptly with instructions on how to return the item. You must return the product packed in such a way that it cannot be damaged in transit. Incorrect goods have to be returned unworn and with the original packaging retained and all protective packaging intact.
In case of a manufacturer fault, the customer is entitled to a refund of the shipping costs which will be decided by Benetti Watches upon arrival. We reserve the right to exchange defective goods with goods of the same model. If the model is no longer available you will receive an exchange or a full refund.
Returns
We hope you will love your Benetti Watch as much as we do. If you do change your mind and would like to return you can do this within 28 days of the delivery. Refunds will be issued to the original method of payment at the value printed on the receipt/order confirmation.
If your order has been sent to a destination within the EU, the full amount will be refunded. We are unable to refund customs duties and sales taxes for orders with a destination outside the EU. Please note that for all returns outside the EU, refunds will be net of the original shipping costs.
We are also unable to accept returns from products that have been purchased through a third party distributor.
If you would like to return your order please send us an e-mail to contact@benetti-watches.com so that we can provide you with all the relevant details regarding the return.
We can only accept returns if the watch is unworn and the original packaging is retained and all protective packaging is intact.
Unfortunately, we do not refund any postage costs you will incur returning the orders. We recommend that use a recorded service for returning the product as we cannot accept responsibility for the product before it reaches us.
The right to cancel or return a product does not apply to personalized products that may be sold on our website from time to time. A product is categorized as personalized if, for example, it had been made to measure, altered or personalized to your specifications. It is your responsibility to provide us with the correct information in terms of personalization. Benetti Watches cannot be held liable for any error made on your part in supplying us with the personalized information. If a personalized product is faulty or supplied incorrectly by us, your statutory rights are unaffected.
Goods return after the above mentioned timeframe of 28 days will not be accepted and returned to the customer.
Delivery
When placing an order with us we will give you an estimated delivery date for your order but no times and dates provided by us are guaranteed. We will arrange for delivery either by post, courier or otherwise. In the event that the Goods appeared to be damaged in transit, you must inform us promptly, latest within 14 days. Please also keep all the packaging as this may be required to make a claim.
Retention of Title
Ownership of all Goods remains with Benetti Watches until full payment is made. The risk of loss or damage to Goods passes to the customer upon delivery. You have no right to re-sell the product until payment has been received in full by us.
Limitation of Liability
To the extent permitted by law Benetti Watches will not be responsible for and disclaim all liability for any indirect or consequential (for example, but not limited to) loss, liability, damage, personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), in connection with or arising out of, (directly or indirectly) your access and use of the website or our products. Benetti Watches nor any third party data or content provider will be liable to you or any third party (including your company) for any direct or consequential loss, liability or damage, for example, but not limited to, delivery delays, downtime, data loss, additional work, inaccuracies or other economic harm. We bare no warranty that the performance of the website will be error-free and continuous or that our website or the server that makes it available are free of anything (for example, but limited to viruses) which may be harmful or destructive. Benetti Watches shall also be released from any loss, liability, damages (whether direct or consequential), expenses of any nature whatsoever arising from circumstances beyond our control for example, but not limited to fire, flood, sabotage, new or amended legislation, government intervention or restrictions.
By buying our goods over our website you hereby agree to not use our goods for any commercial or re-sale purpose. Our goods are supplied to you for domestic and private use only and we shall not be liable for any loss of business, profit or business opportunities that may arise you from our Goods.
Intellectual property right
Benetti Watches owns the rights to all trademarks, copyright and all other intellectual property rights of this Website and its content (this includes, without limitation, the Website design, text and graphics). By accessing this website you agree to use this Site solely for your personal, non-commercial use. You have no right to copy, adapt, reproduce, modify, display, post or transmit any part of this website without permission. If you would like to reproduce images you need our prior written permission. Legal actions will be taken against any copyright infringement.
Governing Law & Servance
These Terms and Conditions and any other rules posted on our Site (collectively, the “TOS”) shall be governed by the law of Spain and you and we both hereby submit to the exclusive jurisdiction of the Spanish courts.
These TOS are applicable where the British law does not provide conditions that are in conflict with them. If any of these TOS should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such TOS shall be detached and the remaining TOS shall survive and remain in full effect.