GENERAL CONDITIONS OF SALE
Purchases from the website www.usa.brosway.com regulated by these Terms and Conditions, together with the conditions set from time to time in the said website at the date of termination of the contract (price list, typology, technical features).
These Terms and Conditions are considered as integral and substantial part of the contract: therefore, before sending the order, we advise the Customer to read carefully these Terms and Conditions and the information hereby provided, print and keep them for future references.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
The supplier of the goods is Bros Usa Corporation (hereinafter referred to as the Company), with registered office in, 175 SW 7th ST Unit 1803, Miami, 33130 United States.
The products shown in the website may be purchased, subject to availability, only by who has reached eighteen years of age.
How to enter into a Contract and Order
After placing an order you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy the Products. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation” or “Shipping Confirmation”). The contract between us (“Contract”) will only be formed when we send you the above said Dispatch/Shipping Confirmation. The Contract is made by you with BROS USA CORPORATION in relation to the supply of the Products.
The Contract will relate only to those Products whose dispatch has been confirmed in the Dispatch/Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch/Shipping Confirmation.
We reserve the right to refuse any order placed.
Items are supplied on the understanding that they will not be used for commercial resale.
We observe a policy of zero tolerance towards abusive correspondence of whatever nature directed at our staff and operatives.
Product Coloring and Condition and Availability
Product features are visible on line at the time of order.
Due to the nature of the workmanship, actual product shapes and colors may vary slightly from the images displayed on our website, this is not a product fault.
The Company displays the products in the most reliable and accurate way; colors and other aesthetic features of the product may be altered by the customer’s computer screen or by other technical reasons not due to the Company, which, therefore, cannot guarantee that colors and any other technical and aesthetic features are reproduced on the screen in a way perfectly tailored to the reality.
The type of products published on line and their availability (this information shall not be binding) may change at any time without causing any responsibility for the Company.
The Company, except for unforeseeable circumstances or force majeure, will promptly deliver the products purchased, to all over the USA within 3-5 working days from the date of the receipt of the payment made by the Customer.
The delivery will take place from Monday to Friday between 8:00 AM and 8:00 PM at the Customer’s address as indicated in the order.
If Customer’s details are incomplete or incorrect (with the subsequent impossibility to deliver the products), the Company will contact the Customer before the dispatch.
The Company shall not be responsible for any delay caused by the courier.
Further Information About Shipping
We ship to:
We cannot provide an exact delivery date/time, but you can check the status of your shipping through USPS or FEDEX tracking number.
We use these 2 courier: USPS or FEDEX.
The shipping cost is $4.99 for US; $7 for CANADA. Other States $12.
Risk and Title
The Products will be at your risk from the time of delivery to you.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including shipping charges.
The price of all Products are displayed on our Site, except in cases of obvious error.
Product prices displayed exclude shipping costs and any tax.
The Company reserves the right to alter without notice the prices of products: any new price will be effective from the moment of its publishing on the website www.brosway.us and will be applied to sales made from that moment onward.
Delivery costs will be added to the price: such costs will be calculated according to the weight and the quantity of products and the destination of the order; in case of delivery abroad any additional costs arising from duties or tax provided for by the regulation in force in the Country of delivery will be paid by the Customer.
The total amount of the order (price + delivery costs) will be visible before the order confirmation.
The written order confirmation will be released by the Company at the time of delivery: it will indicate in details the products purchased and the relevant prices, delivery costs andtaxes.
Our Site contains a large number of Products and it is possible that despite our best efforts some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where a Product correct price is lower than our stated price we will charge the lower amount when dispatching the Product to you. If a Product correct price is higher than the price stated on our Site we will contact you for instructions before dispatching the Product.
After receiving the order confirmation from the Company, the Customer may submit the payment in one of the following ways:
– Credit Card ((Visa, Visa Electron, Maestro, MasterCard, Aura e JCB)
–Security of the payments: The payment transaction takes place on a secure page using Braintree
Our Returns and Exchanges Policy
We want you to be happy with your purchase. If you are not, you may be able to return the purchase(s) for an exchange item or a refund BUT ONLY IN ACCORDANCE WITH THE TERMS STATED IN OUR RETURNS POLICY HERE.
If you are sent the WRONG PRODUCT by mistake or if the products do not match with what quoted in the transport documents and/or invoice both for quantity and/or type you must contact us within 15 calendar days from the receipt of the Product to discuss a RETURN AND EXCHANGE operation.
This Returns section is not for products that are faulty when received or develop a fault during their warranty period, instead see Warranty sections below.
Online customers who have taken delivery of Products can request an exchange, or return and refund, as long as they EMAIL US WITHIN 15 WORKING DAYS FROM RECEIVING OF THE PURCHASE. Please take into account all the seasonal closures of our distribution center.
We do not process Returns for products bought from a store or another website.
How to Request a Return for Exchange or Refund
Returned items must be in perfect condition without showing signs of use, in their original packaging and ensuring that the labels have not been removed, within 10 days from the date of sending the notice of withdrawal.
To exercise the right of return, follow these simple steps:
– connect to the site www.brosway.us and log in with the login credentials;
– in the section ‘My returns’, select the order or enter the order id of which you want to request the return, indicate the products to be returned and click on “REQUEST NEW RETURN”
– file the mandatory information requested marked with * and indicate if you want a product change (you receive a discount code of the reimbursement value) or reimbursement of the amount spent;
– prepare the articles to be returned in a well sealed and protected package, possibly in the original packaging;
– send the package to the following address: “Returns Dept: BROS USA CORPORATION LTD: 175 SW 7th ST Unit 1803, Miami, 33130 United States.”.
The return shipment is charged to the customer.
In case of return, the customer shall specify whether he wants a full refund or a change. In the event that the customer wants the refund, it will take place on the same account from which the payment was received.
If the customer wants a Product change, the Company will send to the customer a voucher, by mail, equal to the value of the returned Product and the customer can send an order to the Company with this voucher.
All products purchased directly from us have a 24 month manufacturer’s warranty.
In the unlikely event that a product purchased from our website is faulty when you first receive it or it develops a defect you may be entitled to a free replacement of the defective part within the conditions of Our Warranty Policy. You will need to provide adequate proof of purchase that shows the product to be within the warranty period.
Defects not covered by warranty as caused by the customer or due to an improper use of the product: There is NO coverage under Our Warranty Policy for the products with defects or damage caused by the user; undue exposure to sunlight, heat, water or pressure; incorrect maintenance E.G. damage from inappropriate cleaning methods and actions that result in shrinkage or staining.
Watches and all of their parts as well Jewelry and all the other Products of Bros Usa Corporation are NOT covered under Our Warranty Policy for:
– general wear and tear or misuse of any part,
– the battery going flat (batteries can easily be replaced by the user, see our Product Guide);
– undue exposure to sunlight or heat;
– water damage to the watch dial and movement (our watches are splash-proof but not water-proof);
– small tears or nicks on the sides of the silicone strap, tears on the strap near the winder hole; scratches and cracks on the dial (all watches are initially provided with a protective film).
– if the glass breaks due to falling:
– if the stones fall due to an impact;
– leather/cauchu/ rubber/steel straps that deteriorate for wearing and/or improper use (for improper use we means: the use of creams, perfumes, sweat, water)
Other differences in the product not covered under Our Warranty Policy as deriving from the nature of the material used or from the coloring processing or from the working process: Due to the nature of the coloring process of some of the materials used in our products, actual product colors may vary slightly from the images displayed on our website, this is not a product fault and should not be deemed a valid warranty claim. Also due to the nature of these materials molding is not precise so some products may have slightly rough edges and mold remnants, this is not a product fault and should not be deemed a valid warranty claim in most cases.
Be aware, some products/colors are limited edition and you may not be able to get a direct replacement.
8.1. How to make a Warranty Claim
If a product purchased from our website has a fault or develops a fault within 24 months of purchase, please email us TO firstname.lastname@example.org
Please provide the following details in your email:
Your Name, the Order ID number and the date you placed the order.
Name, color and size of the item you wish to claim about.
Explain what the defect is and how you think the defect occurred.
We will then email you back with our response. If your warranty claim is authorized by us, only then we will ask you to send back the faulty item with the printed proof of purchase (your order confirmation email) to this address : Warranty Claims Dept
BROS USA CORPORATION
Bros USA Corporation, 175 SW 7th ST Unit 1803, Miami, 33130 United States.
Once we receive it back and if we decide your warranty claim is valid a replacement will be sent to you within 30 working days.
The shipment is charged to the customer.
Limitations of liability
The liability of the Company in connection with any Product purchased is strictly limited to the purchase price of that Product.
The Company does not accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing limitations do not apply to any liabilities which may not lawfully be excluded or limited including any liability for death or personal injury resulting from our negligence.
We will not be liable to you where we are unable to fulfill any of our obligations to you as a result of circumstances beyond our control.
– The Company is not responsible if, under unforeseeable circumstances or force majeure, it is not able to deliver products in the terms provided for by art. 3, or in case of any other inefficiency.
– The Company shall not be considered responsible, except for willful misconduct and gross negligence, for any inefficiency or malfunctioning in connection to the use of the internet and out of control power from the Company itself.
– The Company shall not be responsible in case of damages, losses and costs afforded by the Customer following the failure to perform the contract for reasons not due to the Company, as the Customer is only entitled to the repayment of the amount paid.
– The Company is not responsible for any illicit or fraudulent use from third parties of credit cards, payslips or any other payment means at the time of payment of the products purchased, if the Company is able to prove the use of all the possible measures according to the best of its knowledge at the time when the event occurred.
Trademarks, logos and other distinctive signs on the site belong to Bros Manifatture s.r.l., having its registered office in Montegiorgio, via Guido Rossa n. 1– Italy. The use of trademarks, logos and other distinctive signs is prohibited, including reproduction on other websites by unauthorized third parties. The contents of the site are protected by copyright (texts, images and graphics).
Law and Jurisdiction
The place of sale for all transactions conducted on this website is the US. All contracts made with us for the purchase of Products will be governed by Florida and US law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the court of Miami.