TERMS OF SERVICE

1. Purpose and scope

These Terms of Service govern:

• access to and use of the Brutus website;
• consultation of its contents;
• registration and use of customer accounts;
• the purchase of products offered by Brutus Srl;
• contractual relationships arising from orders placed online.

By placing an order, the customer confirms that they have read and accepted these Terms of Service, the Shipping Policy, the Return and Refund Policy, the Privacy Policy and any other policies made available on the website.

The terms applicable to each order are those published and made available to the customer when the purchase is completed.

2. Seller information

The seller of products purchased through the website is:

Brutus Srl

Details concerning the registered office, VAT number, Companies Register registration and other company information are provided in the Legal Notice, which forms an integral part of these Terms of Service.

For assistance with orders:

Email: customer.care@brutusfactory.com
Telephone: +39 331 136 5856

3. Definitions

For the purposes of these Terms:

• customer means any person who accesses the website or places an order;
• consumer means an individual who purchases for purposes unrelated to their business, trade, craft or professional activity;
• business customer means a person or entity purchasing in connection with a business or professional activity;
• personalised product means an item made, modified or processed according to the customer’s individual specifications;
• website means the Brutus online store and any related page, customer account area or connected function.

4. Requirements for placing an order

To place an order, the customer must:

• have the legal capacity required to enter into a contract;
• provide complete, accurate and up-to-date information;
• have a valid payment method;
• use the website only for lawful purposes;
• comply with any restrictions applicable to the destination and the products purchased.

A minor may place an order only with the authorisation and under the responsibility of a parent or legal guardian.

Brutus may request additional information or verification where reasonably necessary to prevent fraud, verify the customer’s identity or comply with legal obligations.

5. Customer accounts

Creating an account is not necessarily required to place an order, unless otherwise indicated during checkout.

The customer is responsible for:

• keeping their login credentials confidential;
• all activity carried out through their account;
• keeping personal and delivery information up to date;
• promptly reporting any unauthorised access.

Brutus may suspend or restrict an account where fraudulent, unlawful or unauthorised use is detected.

Suspension of an account does not affect rights relating to orders that have already been validly concluded.

6. Product information

Brutus takes reasonable care to present products clearly and accurately, indicating, where applicable:

• principal characteristics;
• materials;
• sizes and measurements;
• colours;
• availability;
• price;
• estimated production times;
• available personalisation;
• particular certifications or restrictions.

Images are for illustrative purposes. Colour display may vary depending on the screen, device settings and lighting conditions.

Minor differences in colour compared with the images do not necessarily constitute a defect or lack of conformity.

7. Handcrafted and natural characteristics

Many Brutus products are handcrafted and may display characteristics associated with natural materials and manual processes.

Veining, porosity, minor colour variations, natural marks in the leather, differences in grain and non-substantial irregularities may be distinctive features of the product rather than defects.

Experimental processes, dyeing, manual treatments, painting, tattooing and finishes may produce differences between individual items.

These characteristics do not exclude the legal guarantee where the product has an actual lack of conformity or differs substantially from what was ordered.

8. Sizes and measurements

Customers should carefully consult:

• the size guide;
• measurements stated on the product page;
• information concerning fit;
• any guidance provided by Customer Care.

Sizes may vary depending on the design, construction of the garment and material used.

For made-to-measure or non-standard-size products, the customer is responsible for the accuracy of the measurements provided, unless the measurements are taken directly by Brutus.

9. Prices

Product prices are those displayed in the selected market at the time the order is placed.

For customers in the European Union, prices are normally displayed inclusive of applicable taxes, unless otherwise indicated due to the nature of the customer or transaction.

For destinations outside the European Union, prices may not include:

• customs duties;
• import taxes;
• local VAT;
• customs-clearance charges;
• fees imposed by the carrier or local authorities.

These amounts are governed by the Shipping Policy.

Brutus may change prices at any time. Changes do not affect orders that have already been concluded.

10. Currencies and conversion

The website may display product prices and shipping charges in currencies other than euros, depending on the selected market.

Currency conversion may be carried out using dynamic exchange rates and rounding criteria applied by the e-commerce platform or payment-service provider.

The final price is the amount displayed during checkout and confirmed before payment.

Any differences resulting from:

• exchange-rate fluctuations;
• bank fees;
• currency conversion performed by the card issuer;
• use of a currency different from the order currency;

are outside Brutus’s control.

11. Promotions and discount codes

Promotions, discount codes, offers and commercial benefits are subject to the conditions stated in the relevant communication.

Unless otherwise indicated, they:

• cannot be combined;
• cannot be exchanged for cash;
• must be used before their expiry date;
• cannot be applied after the order has been completed;
• may be limited to certain products, customers or markets.

In the event of an obvious error, fraudulent use or breach of the promotional conditions, Brutus may cancel the benefit applied and inform the customer.

12. Purchase process

To place an order, the customer must:

1. select the product and the relevant options;
2. add it to the cart;
3. check the contents of the cart;
4. provide the requested information;
5. select the destination and delivery method;
6. review prices, taxes and costs;
7. choose the payment method;
8. accept the required terms and policies;
9. confirm the order using the button indicating an obligation to pay.

Before confirmation, the customer may correct information and change the contents of the cart.

13. Formation of the contract

The display of products on the website constitutes an invitation to place an order and not an irrevocable offer.

By submitting the order, the customer makes an offer to purchase.

After receiving the order, Brutus sends an electronic communication containing a summary of the purchase.

The contract is concluded when the customer receives confirmation that Brutus has accepted the order.

The confirmation will normally include:

• order number;
• products purchased;
• prices;
• applicable taxes;
• shipping costs;
• payment method;
• delivery address;
• links to the applicable policies.

The customer must check the summary and promptly report any errors.

14. Product availability

Product availability is updated with reasonable care, but a product may become unavailable after an order has been placed because of:

• simultaneous purchases;
• stock-recording errors;
• a defect identified during quality control;
• inability to source a material;
• technical errors.

In such cases, Brutus will inform the customer and may:

• offer an alternative product;
• provide a new estimated date;
• cancel the unavailable product;
• cancel the entire order where necessary.

Any amounts collected for unavailable products will be refunded using the original payment method.

15. Right to reject or cancel an order

Brutus may reject or cancel an order before shipment where there is an objective reason, including:

• product unavailability;
• an obvious error in the price or description;
• inability to verify payment;
• reasonable suspicion of fraud;
• incomplete or inconsistent information;
• failure by the customer to cooperate with necessary checks;
• an unserviceable destination;
• export or import restrictions;
• legal or sanctions-related restrictions;
• inability to obtain CITES documentation or other necessary authorisations.

Where an order is cancelled, any amounts already collected will be refunded without undue delay.

This provision does not allow Brutus to cancel accepted orders arbitrarily.

16. Obvious errors

Despite reasonable checks, the website may contain material errors relating to prices, descriptions, availability or costs.

Where an error is obvious and recognisable as such, Brutus may contact the customer to:

• confirm the order at the correct price;
• correct the information;
• cancel the order and issue a refund.

Brutus will not unilaterally change the price of an order that has already been concluded without the customer’s consent.

17. Payments

The payment methods available are displayed during checkout.

Payments may be processed by third parties, including payment platforms, banks, PayPal or providers of instalment-payment services.

Use of those services may be subject to the provider’s own terms and privacy policy.

Brutus does not necessarily receive full payment-card details, which are processed by authorised providers in accordance with their applicable security standards.

An order may be placed on hold where:

• payment is not authorised;
• the transaction is declined;
• fraud-prevention checks are required;
• the provider requests further information.

18. Instalment and deferred payments

Where instalment or deferred payment is available during checkout, the service is provided by a third party.

Approval, instalment management, interest, credit assessments and financing terms are determined by the relevant provider.

Brutus cannot guarantee approval of instalment payments and does not control the conditions applied by the provider.

The customer’s rights against Brutus in relation to the purchased product remain unaffected.

19. Retention of title and transfer of risk

Ownership of the product passes to the customer after full payment of the price, subject to any mandatory provisions that apply.

For consumer purchases, the risk of loss of or damage to the product passes when the customer, or a third party designated by the customer other than the carrier, takes physical possession of the product.

20. Shipping and delivery

Destinations, delivery methods, costs, estimated times, tracking, customs charges and failed delivery are governed by the Shipping Policy.

Production times for personalised or made-to-measure products are separate from transport times.

The customer must provide a complete delivery address and cooperate with the carrier and customs authorities where required.

21. Customs duties and import taxes

For orders delivered outside the European Union, customs duties, taxes and import costs remain the recipient’s responsibility where they are not expressly included and collected during checkout.

Failure to pay such amounts may result in the shipment being refused or returned.

The financial consequences of a refusal are described in the Shipping Policy and the Return and Refund Policy.

22. Personalised and made-to-measure products

Before production begins, Brutus may ask the customer to approve:

• measurements;
• design;
• materials;
• colour;
• graphic elements;
• personalisation;
• price;
• estimated production times.

The customer must carefully review the approved specifications.

Changes requested after production has begun may:

• no longer be technically possible;
• result in additional costs;
• require a new quotation;
• change the expected completion date.

Except in cases of defect or non-conformity with the agreed specifications, products made to measure or clearly personalised are excluded from the right of withdrawal.

23. CITES and restricted materials

Certain products may contain materials accompanied by CITES documentation, certificates of origin or other authorisations.

The customer acknowledges that shipment may depend on:

• the laws of the destination country;
• the issue of permits;
• the documentation available;
• decisions by customs authorities;
• export or import restrictions.

Brutus may suspend an order until all necessary checks have been completed.

Where the shipment cannot lawfully be completed, Brutus may cancel the order and refund the amount received.

24. Right of withdrawal, returns and refunds

The right of withdrawal, applicable exceptions, conditions for returned products, return costs and refund procedures are governed by the Return and Refund Policy.

Nothing in these Terms limits any mandatory rights granted to consumers.

25. Legal guarantee of conformity

Products sold to consumers are covered by the legal guarantee of conformity provided by applicable law.

For consumers in Italy and the European Union, Brutus is responsible for any lack of conformity that becomes apparent within two years from delivery, subject to any more favourable or specific provisions that may apply.

Where a lack of conformity exists, the consumer is entitled to the remedies provided by law, which may include:

• repair;
• replacement;
• a proportionate price reduction;
• termination of the contract and a refund.

The appropriate remedy depends on the circumstances, the nature of the product and the criteria established by applicable law.

The guarantee does not cover:

• normal wear and tear;
• damage caused by improper use;
• failure to follow care instructions;
• accidental damage;
• alterations carried out by parties other than Brutus;
• damage caused by inadequate storage or cleaning.

These exclusions do not apply where the damage results from an original defect in the product.

26. Care and maintenance

The customer must follow the care and maintenance instructions supplied with the product or published on the website.

Leather, dyes and handcrafted finishes may react to:

• water;
• humidity;
• heat;
• sunlight;
• perfumes;
• detergents;
• solvents;
• friction;
• contact with light-coloured surfaces.

The use of unsuitable cleaning products may permanently damage the material.

For specialist treatment, customers should contact Brutus before attempting any intervention independently.

27. Lawful use of the website

The website must not be used to:

• engage in unlawful or fraudulent activities;
• infringe third-party rights;
• distribute viruses or harmful code;
• attempt unauthorised access;
• interfere with the operation of the service;
• collect data using unauthorised automated systems;
• systematically copy contents or catalogues;
• provide false information;
• place orders using unauthorised payment methods.

Brutus may adopt technical and organisational measures to protect the website and its users.

28. Intellectual property

Unless otherwise indicated, the following belong to Brutus Srl or their respective owners:

• trademarks;
• logos;
• trade names;
• photographs;
• videos;
• texts;
• graphics;
• designs;
• models;
• treatments and finishes;
• collections;
• editorial content;
• the structure and appearance of the website.

Access to the website does not grant any licence to use, reproduce or commercially exploit these materials.

The contents may not be reproduced, modified, distributed, published or otherwise used without prior written authorisation, except where permitted by law.

29. Third-party links and services

The website may contain links or functions provided by third parties.

Brutus does not fully control such services and is not responsible for their contents, terms, availability or data-processing practices.

Use of a third-party service may be subject to the provider’s own terms and policies.

30. Website availability

Brutus aims to keep the website accessible and operational but does not guarantee that the service will always be uninterrupted or error-free.

The website may be temporarily suspended because of:

• maintenance;
• updates;
• technical issues;
• security reasons;
• actions by service providers;
• events outside Brutus’s control.

Website interruptions do not affect rights relating to orders already concluded.

31. Liability

Brutus is responsible for its contractual obligations and for damage attributable to it in accordance with applicable law.

Nothing in these Terms excludes or limits:

• mandatory consumer rights;
• liability for wilful misconduct or gross negligence;
• liability for personal injury;
• any other liability that cannot lawfully be excluded.

Brutus is not responsible for damage resulting from:

• use of a product contrary to the instructions;
• changes made by the customer or third parties;
• incorrect information supplied by the customer;
• unlawful use of the website;
• external services not controlled by Brutus;
• events outside Brutus’s reasonable control.

32. Force majeure

Brutus is not responsible for delays or failure to perform caused by events outside its reasonable control, including:

• wars and armed conflicts;
• terrorism;
• civil unrest;
• strikes;
• public-health emergencies;
• government measures;
• trade restrictions;
• transport interruptions;
• customs blockages;
• fires;
• floods;
• earthquakes;
• exceptional weather conditions;
• unavailability of IT or logistics systems.

Brutus will inform the customer where reasonably possible and take reasonable measures to limit the consequences.

Where the event continues and makes performance impossible, the customer retains the remedies available under applicable law.

33. Amendments to these Terms

Brutus may amend these Terms for legal, technical, organisational or commercial reasons.

New terms apply to orders placed after their publication and do not retroactively amend orders already concluded.

Customers should review the Terms before each purchase.

34. Severability

If any provision is declared null, invalid or unenforceable, the remaining provisions will continue to apply.

The invalid provision will, where permitted, be interpreted or replaced in a manner consistent with its original purpose and applicable law.

35. Governing law

These Terms and contracts concluded with Brutus are governed by Italian law.

For consumers residing in another country, this choice does not deprive them of mandatory protections granted by the law of their country of habitual residence.

36. Jurisdiction

For disputes involving a consumer, the competent court will be the court of the consumer’s place of residence or domicile, where required by applicable law.

For disputes involving business customers, the courts of Turin, Italy, will have exclusive jurisdiction, unless otherwise agreed in writing.

37. Complaints and alternative dispute resolution

Customers may submit a complaint by writing to:

customer.care@brutusfactory.com

Brutus will endeavour to review the complaint and respond within a reasonable period.

Consumers may also refer disputes to alternative dispute-resolution bodies recognised under applicable law.

Brutus will participate in such procedures where participation is mandatory, results from a commitment made by Brutus or is agreed with the consumer.

38. Contact details

For questions concerning these Terms, orders or products:

Brutus Srl
Email: customer.care@brutusfactory.com
Telephone: +39 331 136 5856