Terms and Conditions Report for Bearraybon Online
Platforms
This report details the comprehensive Terms and Conditions text that will apply to the
online platforms of the luxury Italian clothing brand Bearraybon. The aim is both to
ensure legal compliance and to increase customer transparency and trust.

I. Introduction to Bearraybon Terms and Conditions

This section sets out the key elements of the Terms and Conditions, defining their
scope, introducing the mark and establishing the legal framework.

Purpose and Scope

These Terms and Conditions and any policies or documents linked to them (collectively,
the “TERMS”) govern the use of the mobile websites and applications (“PLATFORMS”)
at www.bearraybon.com and operated by or on behalf of Bearraybon S.p.A.These
Terms apply to all orders for products or services offered by us for purchase through
the Platforms
By accessing the Platforms, users accept these Terms. It is recommended that these
Terms be read carefully and that a copy be saved or printed for future reference
If
users do not agree to these Terms, they must immediately cease use of and access to
the Platforms. This express requirement serves as a legal mechanism to establish the
informed consent of users. For Bearraybon, this emphasises the importance that the
language in the Terms and Conditions is clear, accessible and understandable, as lack
of clarity may undermine the enforceability of this consent. A user’s agreement
depends on their understanding of the text.
If the language is overly complex or hidden, a claim of “no genuine consent” may
arise. Therefore, beyond mere legal validity, clarity increases practical applicability
and reduces potential disputes.

Defining “Bearraybon/We/We Us”

Throughout these Terms, “Bearraybon S.p.A.” (or the appropriate Italian legal entity,
e.g. S.r.l.) will be referred to as “BEARRAYBON / WE / US”

Contact Information:

Knowledge Category;

Detail

Company Name;

Bearraybon S.p.A.

These meticulous details required for company identification (address, registration
numbers) form the basis for not only administrative but also legal liability under Italian
and EU law. For an Italian brand, the clear indication of the Partita IVA (VAT
number) is particularly vital as it is the primary identifier for businesses in Italy and is
critical for fiscal transparency and compliance. EU e-commerce directives
mandate the clear identification of the seller. In Italy, the Partita IVA is a unique
identifier for VAT purposes and is central to business operations and tax compliance. Its
inclusion provides legal certainty for consumers and regulators and demonstrates
adherence to local legal frameworks.

Date of Last Revision and Applicability of Laws

These Terms and Conditions were last revised on These Terms and Conditions are
governed by Italian law and in particular by the relevant EU regulations on consumer
rights and e-commerce.
The explicit indication of the revision date
indicates the existence of a dynamic legal
environment. For Bearraybon, this means that the Terms and Conditions must
undergo regular legal review and be updated, especially given the frequent changes in
Italian and EU consumer protection legislation. Failure to update may lead to noncompliance and legal vulnerabilities. The law is not static, especially with regard to
digital trade. Research materials highlight recent changes in the Italian Consumer
Code and EU Directives. This requires a proactive approach to legal compliance and
makes the revision date an indicator of the document’s currency and a reminder for
future regulatory audits.

II. Use of Bearraybon Platforms

This section will detail the rules governing users’ interaction with Bearraybon online
platforms, user obligations, intellectual property and platform functionality

Acceptance of Terms and Conditions and User Obligations

The Terms cover the use and access to the Platforms, including all orders submitted.
By accessing the Platforms, users agree to these Terms and are advised to read, save
or print a copy. Users agree that the information they provide during registration is
not misleading, is accurate and complete and that they will notify the customer
service team of any changes to this information
Users are responsible for keeping their “SECURE ACCESS” (IDs and passwords) information
secure and confidential and must notify Bearraybon immediately if they become aware of
any unauthorised use. The emphasis on users’ responsibility to provide accurate
information and maintain secure access is a critical element for data integrity and fraud
prevention. For Bearraybon, this helps mitigate the risks associated with identity theft or
unauthorised purchases, while ensuring that the brand performs due diligence.
In e-commerce, the data provided by the user forms the basis of transactions and account
management. By clearly stating users’ obligations of accuracy and security, the Terms and
Conditions establish a common liability framework that reduces the brand’s liability for
problems arising from user negligence.

Consumer Legal Rights (Italian and EU Context)

These Terms do not affect the legal rights of consumers. For more information on
legal rights, consumers can contact their local Consumer Rights Office or Consumer
Advice Bureau, or equivalent organisations in their country/region.
Although the reference document states that legal rights are not affected, the Italian
Consumer Code and the EU Consumer Rights Directive offer specific, strong
protections for an Italian brand that must beclearly recognised and detailed. It is not
enough to simply say “does not affect”; Terms and Conditions should proactively inform
consumers of key rights such as the right of withdrawal and the guarantee of legal
compliance to increase transparency and compliance. EU and Italian consumer law is
mandatory. The Consumer Rights Directive aims to harmonise consumer rights between
Member States and the Italian Consumer Code has recently been amended accordingly.
Proactive disclosure of these rights (e.g. 14-day right of withdrawal, 2-year conformity
guarantee) is a minimum

goes beyond compliance to build trust and reduce the likelihood of disputes arising
from consumers not knowing their rights.

Platform Access, Modifications and Third Party Connections

Bearraybon m a y modify, withdraw or suspend access to the Platforms (in whole or in
part, permanently or temporarily ) with or without notice and without
liability. Bearraybon may deny access at its sole discretion for reasons such as breach of
the Terms, violation of law, violation of third party rights or disrespectful behaviour
towards others.
The Platforms may contain links to “LINKED PLATFORMS”. Bearraybon has no control over
the content of Linked Platforms and is not responsible for their availability or content,
including goods/services, advertising or the use of personal information.(1)Access denial or
suspension clauses give Bearraybon the control necessary to maintain platform integrity
and a positive user environment. This is particularly important for a brand that values its
image and community and allows it to effectively address abuse. Maintaining a high
quality online presence is crucial for a fashion brand. These clauses protect the brand’s
reputation by acting as a deterrent against abuse, spam or illegal activity and ensure a safe
browsing and shopping experience for legitimate users.

User Generated Content and Intellectual Property

Any material uploaded for publication shall be deemed non-confidential and nonproprietary. Bearraybon has the right to use, copy, distribute, reproduce, exploit,
modify, transform and/or disclose to third parties such materials for any
purpose. Bearraybon has the right to disclose user identity to third parties claiming
infringement of intellectual property or privacy rights. Users are responsible for the
content and accuracy of their own postings and agree to indemnify Bearraybon against
any related claims. Bearraybon has the right to remove any materials or postings from
the Platforms at its sole discretion. All content (logos, text, images, software) and trade marks on the Platforms

(“Bearraybon” and others) are owned or licensed by Bearraybon and are protected by
applicable copyright and trademark laws. All other intellectual property rights (including
designs, patents, know-how) relating to the Platforms and products shall remain the
exclusive property of Bearraybon and/or its licensors. A limited, revocable, non-exclusive
licence is granted for personal use, which expressly excludes any commercial or business
use, any actions that bring Bearraybon into disrepute or the use of data collection tools. Intellectual property (IP) is vital for a fashion brand. Comprehensive IP clauses 1are
more than just boilerplate text, they act as a legal shield against counterfeiting,
unauthorised reproduction of designs and misuse of brand images; these are
significant threats in the fashion industry. The express prohibition of commercial use or
data scraping
is a proactive measure to protect brand value and competitive
advantage. Fashion brands thrive on their unique designs and brand image. Protecting
these assets through strong IP clauses is a proactive measure against infringement. The
ability to use user-generated content (e.g., photos of customers wearing Bearraybon
clothing) for promotional purposes is a valuable marketing tool, but requires clear
provisions to avoid disputes over ownership or usage rights later on.

Product Availability and In-Store Services

Platforms may offer the possibility to check product availability in certain Bearraybon
stores, but this functionality is not guaranteed for all stores or platforms and products
cannot be reserved.

Third Party Provider Terms (e.g. Mobile Apps)

Certain third-party providers (for example, Apple for iOS) may require additional
terms; these are set out at the end of these Terms. Users must comply with all
applicable terms of service of any third-party app store. The inclusion of specific
conditions for third-party providers such as Apple emphasises the complex legal
landscape of multi-platform e-commerce. For Bearraybon, this means that platformspecific rules (e.g. App Store terms) may impose additional obligations or limitations
and that these should be transparently communicated to users so that all digital
contact
points of compatibility must be ensured. Mobile commerce is an important channel.
App store operators (such as Apple) impose their own conditions on app developers
and users. By explicitly including them, Bearraybon reduces the risk of noncompliance with these powerful brokerages and ensures a consistent legal framework
regardless of how users access the platform

III. Product Purchase

This section will detail the conditions for purchasing, from order placement to delivery
and returns, with special attention to Italian and EU legal requirements.

Order Acceptance and Contract Formation

All information on the Platforms is an invitation, not an offer or a unilateral
contract. User orders are offers to purchase products subject to Bearraybon’s
acceptance. Bearraybon may reject orders at its sole discretion for reasons such as
product unavailability, incorrect pricing/description, payment authorisation issues,
shipping restrictions or invalid delivery addresses.1
An order confirmation email confirms receipt, but contract formation only occurs
upon dispatch confirmation (email confirming that items have been shipped or are
ready for delivery).
Items in the shopping cart or wish list are not reserved and
may be purchased by other customers.1Users may review their orders and correct
errors before submitting them. Products, delivery charges and processing fees are
usually charged at the time of dispatch or when ready for delivery, unless advance
payment is specified. Minor differences in product appearance (due to
manufacturing processes or display characteristics) are not the responsibility of
Bearraybon. Orders placed to addresses that provide freight shipping services are
not accepted and may be cancelled. The clear distinction between “invitation” and “offer”
is a fundamental principle of
contract law that protects the seller. For Bearraybon, this m e a n s that the brand retains
control over which orders it accepts and avoids unwanted contractual obligations arising
solely from product display or automated order confirmations. “Fulfilment
confirmation”
is a standard and legally sound practice in line with e-commerce best
practices and ensures that payment is only processed when the product is ready for
dispatch. In high-demand fashion items, stock can change quickly. This legal wording
prevents a product shown online (an invitation) from automatically creating a binding
contract with a customer’s click (an offer), even if the product is not in stock. The dispatch
confirmation provides a clear, verifiable point for the formation of the contract, protects
the seller from obligations he cannot fulfil and provides certainty for both parties.

Product Pricing, Taxes and Customs Duties

All product prices are product prices only and include VAT or other sales taxes unless
otherwise stated. Prices do not include delivery charges. Bearraybon endeavours to
ensure that pricing information is accurate. In case of error: if the correct price is
lower, the lower amount will be charged; if higher, Bearraybon will ask the customer
whether to proceed or cancel the order. Prices are subject to change without notice,
but the changes do not apply to orders for which shipping confirmation has been
sent.
For orders to be delivered within the EU, Bearraybon will act as the importer and pay
the duties and taxes. For other countries, customers may be responsible for additional
import duties and taxes and should contact their local customs office for
information. Pricing clauses are critical for financial transparency and legal compliance.
For Bearraybon, an Italian brand, the commitment to act as importer for EU deliveries
simplifies the process for EU consumers and encourages cross-border sales within the
single market. However, clear warning that the customer may be liable for possible
taxes is vital to avoid unexpected costs for international buyers outside the EU, which
could otherwise lead to disputes or refusal of deliveries. Furthermore, the research
materials emphasise a specific requirement in Italy/EU that price reduction
announcements must state the lowest price applied in the previous 30 days; this should
be integrated for full compliance and consumer transparency. Price transparency is a
fundamental principle of EU consumer protection. By bearing EU taxes, Bearraybon
removes a significant purchasing barrier for European customers. However, for non-EU
sales, making it clear that the customer is responsible for import duties is essential to
manage expectations and avoid legal claims regarding hidden costs. The “lowest price
in the last 30 days” rule is a direct consequence of EU Directive 2019/2161 aimed at
preventing misleading price reductions and its omission
In Italy it constitutes an incompatibility.

Payment Terms and Authorisation

The total cost of the order includes the product price and additional services such as
monogramming.
Information on accepted payment methods and collection times can
be found in the Payment section. Payment is accepted in the specified payment
currency for the selected shipping destination country/region. Users confirm that the
credit/debit card or payment method used is their own and that all information they
provide is correct and complete. All credit/debit cardholders and payment account
holders are subject to verification checks and authorisation by the card issuer or
payment method provider. If the card issuer or payment method provider does not
authorise payment, the order will not be accepted and we will not be liable for delay
or non-delivery.
Bearraybon is not responsible for any fees or other amounts imposed by the card
issuer or bank.
If the payment method is not in the currency of purchase, the final price
may be charged in the currency of the card and Bearraybon is not responsible for any
costs arising from the card issuer or payment method provider charging in a different
currency. Clarna may be offered as a payment method in certain jurisdictions and has
certain terms and conditions. Detailed payment terms arecritical to managing financial
risk and consumer expectations. Explicit waiver of fees imposed by the card issuer or
bank protects Bearraybon from liability for exchange rate fees or other bank-specific
fees beyond its control. Financial transactions involve multiple parties (customer, bank,
payment processor, merchant). By clearly defining responsibilities for charges other
than the direct purchase price, Bearraybon avoids being held liable for third-party
charges, which are a common source of customer complaints if not properly disclosed.

Billing

Where required or preferred by law, Bearraybon reserves the right to issue or provide
electronic invoices and users accept this form of invoicing. Acceptance of electronic
invoicing
is a standard feature of modern e-commerce
is practical and in line with digital transformation trends. For an Italian brand, this is
particularly important given Italy’s advanced fiscal systems and real-time data
transmission requirements, which often rely on electronic documents. Italy has a
strong digital tax enforcement strategy. Electronic invoicing facilitates compliance
with these requirements, reduces administrative burden and is environmentally
friendly. Clearly stating this in the Terms and Conditions ensures that the customer is
informed about and consents to this digital process.

Delivery, Transfer of Title and Risk

Delivery is only made to valid shipping addresses specified on the order form; changes
to the shipping address are not permitted after the order has been placed. PO boxes
are not accepted and there are restrictions on delivery locations. Orders are
processed and shipped according to estimated delivery times. The only remedy for
delays is the right to cancel the order and receive a full refund. Title in the products passes to the customer upon receipt of full payment and
collection of the products for delivery (or at the time of delivery for Canadian
addresses, adapted for other non-EU jurisdictions if applicable). Risk of damage or
loss of the product passes to the customer upon receipt by the customer or collection
from a store. Bearraybon has the right to supply the products in instalments. If the
products are subsequently imported into a country/territory other than the
country/territory where Bearraybon delivers or where they are picked up from a
store, the customer is responsible for complying with all local import requirements,
laws, regulations and rules and for paying all relevant import taxes and duties.
Clauses on transfer of ownership and risk arecritical for determining liability in the
event of loss or damage in transit. For Bearraybon, clearly defining when ownership
and risk passes to the customer protects the brand from liability arising from incidents
that occur after the product leaves its control, which is particularly important for highvalue fashion products. The ban on post boxes and freight forwarders isa measure
intended to prevent fraud by enabling direct delivery to the end consumer. In logistics,
when the risk is transferred is crucial for insurance and liability. By making it clear that
the risk passes at the moment of delivery, Bearraybon limits the risk of damage or loss
once the product is in the customer’s hands. The restriction on freight forwarders
helps prevent unauthorised resale or fraudulent activity, a common concern for luxury
brands will happen.

Cancellation and Return Policy (Right of Withdrawal)

Cancellations and returns are subject to Bearraybon’s Returns and Cancellation Policy and
do not affect the legal rights of consumers. When a product is returned in accordance
with consumer regulations, a full refund will be issued, but the customer will usually bear
the costs of return, unless otherwise stated. Bearraybon is not responsible for the
refund of taxes or duties paid by the customer directly to the authorities. Personalised
or monogrammed products and jewellery products with holes for hygiene and safety
reasons cannot be cancelled or returned.
This section should clearly detail the key aspects of the EU/Italian Right of Withdrawal,
although it may refer to a separate policy. The research materials clearly state the
standard 14-day withdrawal period from the date of receipt of the goods, which can be
extended up to 12 months if the consumer is not provided with the correct information.
For Bearraybon, this m e a n s that the Terms and Conditions must not only refer to a
policy, but must also clearly state this 14-day right, the process for exercising it (e.g.
providing a withdrawal form) and the refund period (usually 14 days from notice of
withdrawal). Exceptions for personalised products and perforated jewellery are critical
for a fashion brand to balance between consumer rights and business practices.
The Right of Withdrawal is the cornerstone of EU consumer protection in distance
contracts. Failure to clearly inform consumers about this right and its conditions can
lead to significant penalties and extended withdrawal periods (up to 12 months),
which significantly increases business risk and operational complexity. For a fashion
brand, exceptions for personalised and hygiene sensitive products are vital to avoid
losses due to unsaleable returns.

Age Requirements

By ordering a product with a minimum age requirement, customers confirm that they
are of the required age. Bearraybon reserves the right to cancel an order if
Bearraybon reasonably believes that the customer is not legally entitled to order a
product.

IV. Pre-Order Products (If Available)

This section will outline the special conditions for products available for pre-order,
which may differ from standard purchase conditions.

Special Conditions for Pre-Orders

These conditions apply in addition to the standard terms of purchase and take
precedence in the event of a conflict. Pre-Order Products may be ordered prior to
general availability. Delivery options for Pre-Order Products may differ from standard
orders and estimated shipping dates are provided at checkout (e.g., 4-10 weeks or 6-8
months for “Podium Pre-Order Products”). Payment for Pre-Order Products is
collected shortly after the order is placed, prior to shipment. Podium Pre-Order
Products may differ from the product on display in fit, appearance, sizing and
composition.
Pre-order conditions are critical to managing consumer expectations for products that
are not immediately available. Advance payment and disclosure of possible differences
in “Catwalk Pre-Order Products” are essential for a fashion brand. This transparency
helps to avoid disputes arising from delayed fulfilment or minor differences between
the prototype and the final product. Pre-orders, especially in fashion, involve a longer
lead time and the potential for product evolution. By clearly stating payment terms and
possible variations, Bearraybon proactively manages customer expectations, reducing the
risk of complaints or cancellations due to unforeseen delays or differences.

V. General Provisions

This section will cover general legal principles, disclaimers, and operational
considerations that apply to all interactions with Bearraybon.

Intellectual Property Rights

All content (logos, text, images, software) on the Platforms is owned or licensed by
Bearraybon and is protected by applicable copyright laws and treaties. All such
rights are reserved. The “Bearraybon” trademark and all other marks, trade names,
logos, etc. appearing on the products, Platforms or packaging are the exclusive
property of Bearraybon and/or its licensors and are protected by applicable
trademark laws. All other intellectual property rights (including designs, patents,
know-how) relating to the Platforms and products shall remain the exclusive
property of Bearraybon and/or its licensors.
A limited, revocable, non-exclusive licence is granted for personal use only, which
expressly excludes any commercial or business use, actions that bring Bearraybon into
disrepute, or use of data collection tools. Bearraybon may terminate this limited
licence at any time. Robust intellectual property protection is vital for a fashion brand.
Comprehensive IP clauses are more than just boilerplate; they serve as a legal shield
against counterfeiting, unauthorised reproduction of designs and misuse of brand
images, which are major threats in the fashion industry. The express prohibition of
commercial use or data scraping
is a proactive measure to protect brand value and
competitive advantage. The value of a fashion brand is inextricably linked to its unique
designs, branding and creative output. Without strong IP protection, these assets
remain vulnerable to infringement, leading to financial losses and diminished brand
value. These articles constitute a clear legal basis for enforcement actions against
violators.

Accuracy of Platform Content and Disclaimers

Bearraybon endeavours to ensure that the information on the Platforms is accurate
and complete, but does not warrant that the content or functionality will be errorfree or free of viruses, malware or harmful components. Users are advised to use upto-date virus checking software.

Guarantee Exception

This section does not affect the statutory rights of consumers, in particular in respect
of good title, unhindered possession, possession, fitness for description, satisfactory
quality, fitness for purpose and fitness by sample. To the maximum extent permitted
by applicable law, Bearraybon disclaims and excludes all other conditions and
warranties, express or implied, statutory or otherwise, relating to the products and
services.

Limitations of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by
negligence, fraud or fraudulent misrepresentation, or any other liability which cannot
be limited or excluded by applicable law. Subject to the foregoing, Bearraybon shall not
be liable for economic loss (loss of revenue, profits, data, etc.), loss of reputation or
goodwill, or special, indirect or consequential loss. Total liability shall not exceed the
greater of the price of the product ordered from Bearraybon
shall not exceed 100 per cent. This section does not affect the legal rights of consumers.
While limitations of liability are standardised, their applicability is highly dependent on
local laws. For Bearraybon in Italy, these clauses must be carefully drafted to ensure that
they do not breach mandatory consumer protection laws that impose stricter liability on
sellers, particularly for product defects. The 100% product price limit
is a common
contractual limitation but may be subject to judicial review for fairness under Italian
consumer law. Italian consumer law (like other EU laws) prioritises consumer protection.
Clauses limiting liability must be fair and transparent and cannot exclude liability for gross
negligence or wilful misconduct. The reference to statutory rights
is a critical reminder
that these limitations operate within the boundaries of mandatory consumer law.

Data Protection and Privacy

By placing an order or visiting the Platforms, users agree that Bearraybon may collect,
use, store and process personal data in accordance with the Privacy Statement. Use
of cookies, information collection,
details of purpose and description are provided in the Privacy Statement and Cookie
Policy included in these Terms.
Data protection stands out as a critical legal and reputational element for any ecommerce business in the EU under the GDPR. Explicit reference to the Privacy
Statement and Cookie Policy
is essential. Furthermore, the research materials
emphasise that “an exchange between the product/service and the consumer’s
personal data is possible, but subject to all legally required rules of openness,
transparency and fairness”. This reinforces the need for a comprehensive, GDPRcompliant Privacy Statement for Bearraybon detailing data collection, processing,
storage and user rights, ensuring transparency and legal compliance.
The GDPR prescribes strict rules for personal data processing. A clear and
comprehensive Privacy Statement is not only a legal requirement, but also a trustbuilding element. For a fashion brand, understanding customer preferences often
involves the use of data, so transparency about how this data is used is vital to avoid
privacy complaints and regulatory fines.

Acquisition, Subcontracting, etc.

Bearraybon reserves the right to transfer, assign, novate or subcontract all of its rights
and obligations under these Terms, provided that user rights are not affected. Users may
not assign, subcontract or otherwise transfer their rights or obligations under these Terms
without our written consent.

Changes to these Terms and Conditions

Bearraybon reserves the right to modify these Terms at any time. The sales contract
between the user and us shall be governed by the version of these Terms in force at
the time you order the relevant products from us.

Events Beyond Our Reasonable Control

Bearraybon shall not be liable for any delay or failure to fulfil its obligations if the
delay or failure is due to any cause beyond its reasonable control.

Divisibility

Each provision of these Terms shall be construed separately and independently. If any
provision is held to be invalid, void, voidable or otherwise unenforceable, that
provision shall be severed and shall not affect the enforceability of the other provisions
of these Terms.

Applicable Law and Jurisdiction

These Terms and all proceedings relating to the Platforms are governed by Italian law
and users and Bearraybon hereby submit to the non-exclusive jurisdiction of the
Italian courts. This does not affect your legal rights as a consumer in your
country/region.
This is a significant adaptation from the Burberry reference
; the applicable law has
changed from English law to Italian law. Whilst Italian law will apply, the caveat “This
does not affect your legal rights as a consumer in your country/territory of residence” is
critical for cross-border EU sales. Under the Rome I Regulation, regardless of the
applicable law chosen in the contract, the mandatory consumer protection laws of the
consumer’s country of residence will still apply. Bearraybon should be aware that
although Italian law is the primary framework, it cannot override stronger consumer
protections in other EU member states. For an Italian company, Italian law is a natural
choice. However, the EU’s harmonised consumer protection framework me ans that
businesses cannot simply choose the most appropriate law. The Rome I Regulation
ensures that consumers in other EU countries benefit from their local consumer
protection laws, even if the contract specifies Italian law. This requires Bearraybon to be
generally compliant with all EU consumer directives, not just Italian special cases.

Dispute Resolution – EU Resident Customers Only

The European Online Dispute Resolution platform ec.europa.eu/consumers/odr
provides information on alternative dispute resolution in case there is a dispute
between us that we cannot resolve.

Whole Deal

These Terms and any document expressly referred to in them constitute the entire
agreement between us and supersede any prior arrangement, understanding or
agreement between us in relation to the subject matter of any contract.
In agreeing
to these Terms, neither party relies on any representation, representation, assurance
or warranty of any person (whether or not a party to the contract) other than those
expressly set out in these Terms (“Representations”).Each of us agrees that the only
rights and remedies available to us arising out of or in connection with a
Representation shall be for breach of contract as set out in these Terms.

Electronic Communications and Notifications

Users agree that communication with Bearraybon will be predominantly electronic (email, notifications on the Platforms). Electronic communications comply with the legal
requirements for written communications.All notices sent from Users to Bearraybon
must be sent to Bearraybon’s registered address or customer service
email. Bearraybon may give notice to you by email or via the postal address you
provide when placing an order or by any of the means set out in Section E(13) above.
Notice shall be deemed to have been received and duly served when posted on the
Platforms, 24 hours after an e-mail is sent or three days after a letter is posted.

Waiver and Third Party Rights

Failure to insist on the strict performance of any obligation or failure to exercise any
rights shall not constitute a waiver.Any default waiver shall not constitute a
subsequent default waiver.No waiver shall be effective unless expressly set forth in
writing and notified to you in accordance with Section E(14) above.
The “waiver” clause
is a standard legal mould to prevent a trade mark from
inadvertently losing its rights through inaction. However, the express exclusion of the
provisions of the “Contracts (Rights of Third Parties) Act 1999 ” is specific to English
law. For Bearraybon operating under Italian law, this clause is irrelevant and should be
removed or replaced by an equivalent wording in Italian law, as Italian contract law has
different provisions on third party beneficiaries (“contraflo a favore di terzi” ). The legal
frameworks differ significantly between the common law (United Kingdom) and civil law
(Italy) systems. Direct copying of a UK law-specific clause without adaptation to Italian
legal principles may create uncertainty or be legally ineffective. It is very important to
ensure that each clause is compatible with the applicable law chosen.

VI. Specific Italian and EU Consumer Rights and Legal Guarantees

This critical section will bring together and detail the specific consumer protections
mandated by Italian and EU law, ensuring full transparency and harmonisation.

Legal Guarantee of Conformity (Garanzia Legale di Confiormità)

Applicability: Consumers have a statutory guarantee of conformity for a period of two
years from the date of delivery.
Eligibility Criteria: Products may meet “subjective” criteria (contractual definition, type,
quantity,
quality, functionality, compatibility, interoperability; suitability for the specific
consumer use notified to the seller; supplied with accessories and instructions;
supplied with updates) and “objective” criteria (having qualities and characteristics
usually found in products of the same type, including durability, functionality,
compatibility and safety, as the consumer may reasonably expect, taking into account
public statements made by the manufacturer/seller).

Consumer Rights/Remedies: In the event of non-conformity, consumers are entitled to:

• • Primary Remedies: Repair or replacement of the products free of charge
    and within a reasonable time.
  • Secondary Remedies: Price reduction or termination of the contract (full refund)
    if the repair/replacement is impossible, disproportionate, causes significant
    inconvenience or the seller is unable to complete the remedy within a
    reasonable time or if the non-conformity persists despite attempts.
  • If the non-conformity is serious enough to justify a price reduction or immediate
    termination of the contract, the consumer is not obliged to first request repair or
    replacement.
  • If the non-conformity is minor, the consumer is not entitled to request
    cancellation of the sale.

Seller’s Right of Recourse: If the non-conformity is ultimately attributable to the
manufacturer or importer, the ultimate seller (Bearraybon) is entitled to recover from
them the costs it incurred to remedy the non-conformity.
The detailed “subjective” and “objective” criteria for conformity isan important
update of the Italian Consumer Code (effective from January 2022). For Bearraybon,
this means that the brand’s products must not only comply with its descriptions, but
must also fulfil broader consumer expectations on quality, durability and safety. This
requires rigorous product descriptions and quality control to minimise claims and
ensure compliance under the two-year statutory warranty.
The seller’s right of recourse against the manufacturer/importer isan important
protection for Bearraybon in the supply chain. The updated Italian Consumer Code
goes beyond mere “fitness for purpose” by providing a more detailed definition of
conformity. This places a higher obligation on sellers to ensure that products fulfil both
the express contractual terms and reasonable consumer expectations. For a fashion
brand, this means ensuring that the quality of materials, construction and durability
are in line with the brand’s image and price point, and that all accessories and
instructions are included.

Rights for Products with a Digital Element

The new rules regulate the sale of “movable goods with a digital element” (tangible
goods combined with or linked to digital content or services). Conformity also applies
to digital elements, regardless of who provides them. Thestatutory guarantee requires
the professional seller to provide the necessary updates to maintain the conformity of
the goods. The express inclusion of “movable goods with digital elements”
is a
prospective aspect of Italian consumer law and will apply directly if Bearraybon offers
products with smart clothing, wearable technology or related applications. This means
that Bearraybon will be responsible for the suitability and continuous updates of digital
components, even if provided by a third party, which has important consequences for
product development and after-sales support. As fashion integrates more technology
(e.g. smart fabrics, connected accessories), the legal definition of “goods” expands.
Bearraybon is required to assess whether any of its current or future products fall into
this category and ensure that its Terms and Conditions and internal processes take into
account compliance and update obligations in relation to digital elements.

Transparency in Online Sales

• • Seller Identification: Clearly indicate whether the seller is an individual or a
    professional.
  • Sponsored Ads/Search Results: General information about the main parameters
    that determine product classification and the relative importance of these
    parameters should be easily accessible in the search results. Advertisements or
    paid rankings should be clearly indicated.
  • Price and Discounts: Announcements of price reductions must also state the
    lowest price charged by the professional in the previous 30 days.
  • Product Reviews: Relevant information that guarantees that the authors
    actually purchased or used the product must be clearly provided.
  • Data Exchange: If personal data is exchanged for products/services, this is
    subject to all rules of openness, transparency and fairness required by law.

The detailed transparency requirements arising from EU Directive 2019/2161 are
critical for Bearraybon to build consumer confidence and avoid regulatory penalties in
Italy. In particular, the obligation to show the lowest price in the last 30 days for
discounts
is crucial for marketing and promotions and prevents misleading price
reductions.
Ensuring review authenticity isvital for brand reputation. These transparency rules
are designed to combat unfair commercial practices in e-commerce. For a fashion
brand where marketing and reviews greatly influence purchasing decisions, complying
with these rules is not only a legal obligation, but also a strategic imperative to
maintain consumer trust and avoid being accused of deceptive practices.

Detailed Right of Withdrawal Process (Diritto di Recesso)

• • Standard Period: Consumers have the right to withdraw from a distance
    contract within 14 days without giving any reason. This period starts from the
    date the consumer receives the goods.
  • Extended Period: If the seller fails to inform the consumer about the right
    of withdrawal, the period may be extended up to 12 months.
  • Process: Consumers must notify Bearraybon of their decision to withdraw,
    ideally using a clear withdrawal form provided by Bearraybon or by making their
    own clear statement.
  • Consumer Obligations Upon Withdrawal: The consumer must refrain from
    using the digital content or service and making it available to third
    parties. The consumer must return the goods within 14 days of the notice of
    withdrawal, usually by covering the costs of return.
  • Refunds: Bearraybon must process refunds within 14 days of the consumer’s
    notification of the decision to withdraw. The refund must include delivery costs,
    but excluding any additional costs resulting from the consumer choosing a
    delivery type other than the cheapest standard delivery type.
  • Exceptions: The right of withdrawal does not apply to personalised or
    monogrammed products and jewellery products with holes for hygiene and
    safety reasons.

Specifying the Right of Withdrawal in detail
is a non-negotiable issue for an EU ecommerce business. For Bearraybon, it is vital to clearly state the 14-day period, the
process and the exceptions (e.g. personalised products). Failure to provide this
information explicitly may lead to an extended withdrawal period (up to 12 months)
,which significantly increases business risk and operational complexity. Right of
Withdrawal, distance shopping in the EU
is a fundamental consumer protection designed to alleviate the lack of physical
inspection in sales. Brands must not only be compliant, but also make this right easily
understandable and enforceable for consumers, as non-compliance leads to severe
penalties and operational burdens.