General Terms and Conditions of Sale
Definitions
- Account: Profile of the Registered Customer containing their personal information and enabling a series of operations relating to Orders, including but not limited to: tracking Orders, cancelling Orders, making withdrawals and/or returns, requesting information. The Account is strictly personal and is protected by username and password;
- BasicCard: A virtual shopping card that may be subscribed to by the Customer to obtain discounts and promotional offers;
- Registered Customer: A Customer who has created an Account by providing information including name, surname, date of birth, and e-mail address;
- Guest Customer: Any natural person acting for purposes unrelated to any commercial, entrepreneurial, or professional activity, who intends to purchase products offered for sale on Briko.com;
- Customer: Refers collectively to the Registered Customer and the Guest Customer;
- General Conditions: This document, containing the terms of sale for the Products, which the Customer accepts by checking the relevant box;
- KAPPA: KAPPA S.r.l., VAT No. 10205940017, with registered office at Largo Maurizio Vitale, n. 1, Turin, 10152, Italy, the selling company with which the Customer enters into these General Conditions;
- Trademarks: All trademarks, registered or used de facto, present on the Products, in commercial communications, and on the platform owned by Kappa, including but not limited to: KAPPA, ROBE DI KAPPA, BRIKO;
- Order(s): The purchase of Products made by the Customer on the Platform;
- Parties: Kappa and the Customer, when referred to jointly;
- Platform: The online commercial platform attributable to BRIKO, located at the domain www.briko.com;
- Product(s): Any item purchased on the Platform.
1. Subject Matter
1.1. These General Conditions govern the relationship between KAPPA and the Customer regarding the Products and, more generally, the use of the Platform.
2. Applicability of the General Conditions
2.1. These General Conditions apply to each and every individual order placed on the Platform by a Customer acting as a consumer pursuant to Art. 2, lett. e) of the Consumer Code, and become effective upon completion of the purchase process on the Platform, following the selection of the "I Accept" checkbox.
2.2. The Customer declares to have reviewed all information provided during the purchase procedure, to be of legal age and/or to possess the legal capacity to act, and to fully accept the General Conditions.
3. Offer of Products and Submission of Orders
3.1. Products are offered for sale on the Platform with specific descriptions of their characteristics and unit prices.
3.2. KAPPA endeavors to ensure that images accompanying the Product descriptions represent the Products as accurately as possible. However, due to the browser and monitor used, certain characteristics such as color and dimensions may differ.
3.3. Product prices indicated on the Platform include taxes and applicable VAT but exclude shipping costs.
3.4. Shipping costs are calculated at the Order summary stage, taking into account applied rates, the destination country, the Order value, and current promotions. Shipping may be free above a certain purchase value or through specific discounts. The Customer will be informed of the total cost prior to Order confirmation.
3.5. The Customer, under their exclusive responsibility, selects the Products, verifying the type of garment, color, and size, and completes the procedure following the Platform’s rules.
3.6. Prices may fluctuate until the Order is finalized. The Customer is invited to verify the final price summarized at the end of the purchase process.
3.7. The Order is finalized when confirmed by KAPPA via e-mail to the address provided by the Customer, following the successful completion of the payment procedure.
3.8. Should KAPPA discover the unavailability of one or more Products or the impossibility of shipping after confirmation, it will inform the Customer as soon as possible and refund the price of the unconfirmed Products. The Order remains valid and binding for any confirmed Products.
3.9. The Customer cannot modify the Order once the purchase procedure is finalized.
3.10. The Customer may, however, cancel the Order before it has been processed:
a. Registered Customer: Via the "Orders" section by selecting "Details" and clicking "CANCEL ORDER."
b. Guest Customer: Via the "CANCEL ORDER" button at the bottom of the page accessed through the "view my order" link in the confirmation e-mail.
3.11. If the "CANCEL ORDER" button is unavailable, the Customer may refuse delivery or initiate the withdrawal and/or return procedure under Art. 7.
3.12. If canceled pursuant to Art. 3.10, the Customer will receive a full refund of the amount paid.
4. Terms of Payment
4.1. Payment may be made exclusively via credit/debit card (Amex, Visa, Mastercard) or via Apple Pay, PayPal, and Satispay. Installment payments via PayPal, Klarna, and Scalapay are also available. By using third-party installment services, the Customer accepts their terms and expressly holds KAPPA harmless from any liability arising therefrom.
4.2. Orders are processed in EUR (€), GBP (£), JPY (¥), and USD ($).
4.3. KAPPA does not have access to the Customer's card information. Data is transmitted via encrypted protocols to Shopify International Ltd., which handles payments on KAPPA's behalf.
4.4. KAPPA shall not be held liable for any fraudulent or unauthorized use of credit cards by third parties.
5. Shipping
5.1. Orders can be shipped to and withdrawn and/or returned from all EU countries and the Principality of Monaco. Duty-free areas (e.g., Livigno, Vatican City, Canary Islands) are excluded.
5.2. Products will be delivered to the address specified in the Order within the indicated timeframe.
5.3. Delivery methods and timings are indicated upon conclusion of each Order.
5.4. Delivery times indicated on the Platform are indicative only. KAPPA shall use its best efforts to comply with such delivery times and shall, in any event, deliver the Products within five (5) days from the day following completion of the Order and, in any case, no later than thirty (30) business days thereafter. Any delay, or any delivery of Products from the same Order carried out through multiple partial shipments, will be promptly communicated to the Customer, who shall not be entitled to refuse delivery or to claim compensation or damages.
5.5. If delivery is impossible (e.g., recipient absent), the Order will be held in storage. The Customer must contact KAPPA to schedule a new delivery.
5.6. If storage persists, goods will return to the Central Warehouse (Turin). A refund will be processed within 14 business days to the original payment method.
5.7. Where available, Customers may choose "In-Store Pickup" at participating Robe di Kappa stores. The Customer has 10 days to collect the Order. Failure to do so results in automatic termination of the contract and a refund.
6. Delivery of Products
6.1. The Customer must promptly verify that:
a. The number of Products matches the Order;
b. Packaging is intact and unaltered;
c. Products include the appropriate labels.
6.2. Irregularities must be documented with photographs and reported to KAPPA via the Platform form within 10 days of delivery.
6.3. If confirmed, the Customer may initiate a withdrawal and/or return, and KAPPA will refund the price.
6.4. Failure to report delivery-related issues within the timeframe waives the right to contest defects resulting directly from the delivery process.
7. Right of Withdrawal and/or Returns
7.1. Pursuant to applicable law, the Customer has 30 days from receipt to exercise the right of withdrawal and/or return without justification. Once the online withdrawal and/or return procedure is completed, the Customer has 14 days to ship the Products.
7.2. Failure to ship within this period constitutes final acceptance of the Products.
7.3. The Customer may access the dedicated page to submit a withdrawal and/or return request by using the online withdrawal and/or return function available at the following link //returns.briko.com/ by following the procedure and instructions provided on the page.
Following the correct exercise of the right of withdrawal and/or return through this function, the system will automatically send the customer an email acknowledging receipt of the withdrawal and/or return request and confirming the withdrawal and/or return authorization.
7.4. In case of withdrawal and/or return, the Customer must return the Products according to one of the following methods, chosen by the Customer themselves:
a. sending the Product(s) subject to withdrawal and/or return to the address indicated in the Withdrawals and/or Returns Form via the courier chosen by KAPPA and also indicated in the Withdrawals and/or Returns Form (this return method will be borne by KAPPA and therefore will not entail any cost for the Customer);
b. sending the Product(s) subject to withdrawal and/or return to the address indicated in the Withdrawal and/or Return Form via a courier chosen and commissioned directly by the Customer (in this case, the Customer will bear all shipping costs);
c. delivery of the Product(s) subject to withdrawal and/or return to one of the stores of the BasicNet group present on the Italian territory indicated on the Platform (the Customer must deliver the product(s) subject to return together with the Withdrawal and/or Return Form, also showing appropriate identification documentation).
7.5. The Customer will receive an e-mail confirming the exercise of the withdrawal and/or return and will be informed about the update status of the withdrawal and/or return.
7.6. In case of total withdrawal and/or return, the Customer will be refunded the payments they have made, including the initial delivery costs, except in the case of partial return of the Order for which any initial delivery costs will not be refunded.
7.7. The refund to the Customer will take into account exclusively the price actually paid by the latter at the time of purchase, including any discounts and promotions.
7.8. The refund will be issued within 14 (fourteen) days from the confirmation of receipt of the withdrawal and/or return, upon receipt and verification by KAPPA of the condition of the products subject to withdrawal and/or return, to the payment method used in the order confirmation. Refund requests to other payment methods will not be accepted.
7.9. If KAPPA identifies discrepancies in the Products subject to a withdrawal and/or return compared to what was declared, it will inform the Customer by email of the detected reduction in value of the Products subject to a withdrawal and/or return resulting from non-compliance with the aforementioned conditions and will indicate the amount to be deducted from the refund or the denial of a full refund. Alternatively, the Customer may request, at their own expense, the return of the Products in the condition in which they were received by KAPPA.
8. Legal guarantee of conformity – returns for damaged, defective or incorrect Products.
8.1. Pursuant to and for the purposes of Directive (EU) 2019/771 and Articles 128 et seq. of Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”), KAPPA guarantees the Customer that the Products will be free from design and material defects and will conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Customer. Damage resulting from use or washing of the Product that is not consistent with the intended use of the Product and/or with the instructions/warnings provided by KAPPA or contained in the relevant documentation, tags or labels shall not constitute a lack of conformity and shall therefore be excluded from the guarantee. In accordance with Directive (EU) 2024/825 and Commission Implementing Regulation (EU) 2025/1960, the Customer may consult the official notice of the European Union to learn about the main rights provided for by the legal guarantee of conformity and the procedures for exercising them.
8.2. The Customer may report any defects and/or lack of conformity of the Products by contacting Customer Service through the Contact Us section available on the Website, providing details of the defect and/or lack of conformity identified, the order number and, where possible, photographs of the Product, and by returning the Product to KAPPA at no cost to the Customer, affixing to the package used for the return the pre-printed shipping label included in the package received, following the instructions provided in the Returns and Withdrawals Portal. KAPPA will assess the defects and lack of conformity reported by the Customer through KAPPA’s customer assistance service. Unless proven otherwise, defects of conformity that become apparent within one year from delivery shall be presumed to have existed at the time of delivery. For defects of conformity that become apparent more than one year after delivery of the Product, the Customer shall be responsible for proving that the defect already existed at the time of delivery.
8.3. Products purchased through the Website are covered by the legal guarantee of conformity, which covers defects of conformity existing at the time of delivery and becoming apparent within two years thereof. In the event of a damaged, defective or otherwise non-conforming Product, the Customer shall be entitled to have the Product brought into conformity by means of repair or replacement, free of charge and within a reasonable period, or to alternative remedies (proportionate reduction of the price or termination of the contract) in the cases expressly provided for by Articles 135-bis et seq. of the Consumer Code.
8.4. Where the lack of conformity of the Product is established and the Customer is entitled to a full or partial refund of the price paid (following termination of the contract or a price reduction), the refund will, where possible, be made using the same payment method used by the Customer when purchasing the Product on the Website or, alternatively, by bank transfer. In the latter case, the Customer shall be responsible for providing KAPPA, through the Contact Us section available on the Website, with the bank details required to make the transfer and enable KAPPA to refund the amount due.
8.5. With regard to any damage caused by defects in the Products, the provisions of the applicable legislation on liability for damage caused by defective products shall apply, including Articles 114 et seq. of the Consumer Code.
9. Intellectual Property Rights
9.1. All Products bear Trademarks owned by KAPPA.
9.2. All trademarks, images, and content on the Platform remain the exclusive property of KAPPA. Access to the Platform does not grant the Customer any rights over them.
9.3. Reproduction or modification of Platform content is prohibited without prior written consent.
10. Severability
10.1. If any provision of these General Conditions is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Communications
11.1. All communications regarding these General Conditions must be sent to customer@briko.com.
12. Processing of Personal Data
12.1. Information regarding privacy and data processing can be found at: https://www.briko.com/pages/Privacy-user.
13. FAQ
13.1. The FAQ section on the Platform clarifies the rules of these General Conditions.
13.2. In the event of a conflict between the FAQ and the General Conditions, the latter shall prevail.
14. Applicable Law and Jurisdiction
14.1. These General Conditions are governed by Italian law, specifically the Consumer Code.
14.2. Any disputes shall first be subject to an attempt at amicable resolution. Failing that, exclusive jurisdiction shall lie with the Court of the place of residence or domicile of the Customer.