Terms and Conditions
These Terms and Conditions of Sale apply to Keep Out Bracelets, subject to the exceptions and amendments set out below, and comply with Part III, Title III, Chapter I of Legislative Decree No. 206/2005.
Parties and Policies
This Website, at the URL “https://www.keepoutbracelets.com” (hereinafter Keep Out Bracelets), and the products purchased through the website are managed by BUILDING VALUE CREATION LUXORY SRL, abbreviated as
BVC-L SRL, registered with the Companies Register RM – 1791931, VAT No. 18552781009, while HANG LOOSE SRL, registered with the Companies Register AL – 256854,
VAT No. 02449000062, remains the owner of the Keep Out trademark
BVC-L SRL strongly believes in protecting users’ privacy.
Purchasing products on Keep Out Bracelets requires users to accept the Keep Out Bracelets Privacy Policy. Users are encouraged to review the Keep Out Bracelets Privacy Policy for information on how the personal data of Keep Out Bracelets website users are collected and processed.
Purchases of Products through Keep Out Bracelets shall be governed by the following Terms and Conditions of Sale.
Terms and Conditions of Sale (hereinafter “Terms of Sale”).
- Notes on These Terms of Sale
These Terms of Sale apply to all orders placed and purchases made on Keep Out Bracelets (“Products”). In connection with purchases made on Keep Out Bracelets, BVC-L SRL will send its communications electronically, by email or electronic publication. By using this online service, users acknowledge that all statements of intent, communications, disclosures and other notices are issued or provided electronically, except where the law requires them to be in writing. These Terms of Sale may change from time to time, with the effective date of any changes indicated on the Keep Out Bracelets website.
Any amendments to the Terms of Sale shall apply to orders placed on or after their effective date, provided that the amended Terms of Sale are displayed on the website as the terms applicable at that time. Before placing an Order for Products, users will be given a reasonable opportunity to review these Terms of Sale and will be required to accept them.
- Personal Account
Users are required to create a user account (personal identification or username). Users must keep their password confidential and restrict access to their password and account, and accept responsibility for all actions taken and purchases made through their account.
- Placing an Order
To purchase Products, users must:
- have accepted these Terms of Sale and the Keep Out Bracelets Privacy Policy;
- provide their name and address, telephone number, email address, payment details and any other requested information;
- provide a valid delivery address (please note that BVC-L SRL does not deliver to post office boxes or automated parcel collection points. Our orders are shipped by courier, and a signature will be required upon delivery);
- if paying by debit/credit card, be the holder or authorized user of a valid debit/credit card for the purchase of the Products; and
if paying through PayPal, hold a valid PayPal account for the purchase of the Products.
Users may place an order by proceeding to checkout after clicking the “ADD TO CART” button. Users agree that their order(s) constitute an offer to purchase the Product(s) specified in the order, subject to these Terms of Sale.
Each Product order is considered a separate purchase. All orders are subject to acceptance by BVC-L SRL, which reserves the right to reject any order without providing an explanation (including, but not limited to, orders suspected of being fraudulent). Users will be notified if BVC-L SRL decides not to accept an order.
Before confirming their order(s), users will have the opportunity to review them, read and accept the Terms of Sale, check the total price, order details and information provided, and correct any data-entry errors.
- Order Processing and Formation of the Contract
Once an order has been completed on Keep Out Bracelets in accordance with the instructions provided on the website through the online ordering process, BVC-L SRL will send an email to the address provided, acknowledging receipt of the order(s) and specifying the details of the Product(s) ordered (the “Order Receipt Confirmation Email”).
This email does not constitute acceptance of the order(s); it merely confirms that BVC-L SRL has received them.
The contract between the user and BVC-L SRL shall be deemed concluded only when BVC-L SRL sends the user an email confirming that the Product(s) have been dispatched (the “Shipping Confirmation Email”).
BVC-L SRL will not retain an accessible copy of every version of these Terms of Sale. However, it will email the Terms of Sale applicable to each purchase together with the Order Receipt Confirmation Email, for the user’s future reference. Users may cancel their order at any time by writing to info@keepoutbracelets.com before receiving the Shipping Confirmation Email.
Please also refer to our Legal Notices page.
- Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price shown on that Product’s information/presentation page at the time the user places the order. It will also appear on the confirmation page displayed after the order has been completed and in the Order Receipt Confirmation Email.
Safeguard clause (Pricing Error): In the event of an obvious clerical error or a manifestly negligible price being published on the website, the order cannot be considered valid or processed.
Product prices include VAT or other applicable taxes but exclude shipping and handling charges.
Shipping and handling charges, and the related VAT or other taxes, will be shown separately on an order summary screen before the order is completed, as well as in the Order Receipt Confirmation Email. Shipping charges are determined according to the destination and delivery method selected during checkout.
- Payment
Payment must be made using one of the following methods, selected during checkout:
- Credit card: The website accepts payments through major credit card networks.
- PayPal: The website accepts payments through PayPal, a simple and secure online payment platform.
- Bank transfer to BVC-L SRL – Banca Fideuram – IBAN: IT22Y0329601601000067838372, account held in the name of BUILDING VALUE CREATION LUXURY S.R.L.
*Orders will be processed only once the payment has actually been credited to the bank account.
**Please note: Payment must be made within 7 business days of receipt of the order; otherwise, the order will be automatically cancelled.
Retention of title: Products sold remain the property of BVC-L SRL/HANG LOOSE SRL until the buyer has fully and effectively paid the entire purchase price.
- Delivery
ITALY. Delivery within Italy normally takes 2–3 business days and, in any event, no more than 7 business days from the Shipping Confirmation Email.
INTERNATIONAL. Delivery times abroad are determined by the international courier, DHL/UPS, according to the destination area.
Estimated delivery times are 3–5 business days for Europe and, in any event, no more than 15 days. For the rest of the world, estimated delivery times are 7 business days and, in any event, no more than 20 days: see the table on this page.
BVC-L SRL reserves the right to replace the courier assigned to deliver the order.
Each delivery will be accompanied by the relevant invoice (unless the customer expressly requests to receive it by email).
If a user postpones delivery without reasonable grounds, delays accepting delivery after BVC-L SRL has notified them of an attempted delivery of the ordered items, or provides an incorrect delivery address resulting in failed delivery, the parcel will be returned to BVC-L SRL, which will be released from its obligation to deliver the items within the specified delivery period.
Orders are dispatched through the Mail Boxes Etc courier service, and a signature is required upon delivery. If no one is available to sign for the delivery, the parcel will be returned to the Mail Boxes Etc warehouse. Mail Boxes Etc will make a second delivery attempt on the following business day. If the second attempt is also unsuccessful, BVC-L SRL will notify the user so that delivery may be arranged according to their needs. Please note that the ordered item will remain available at the Mail Boxes Etc warehouse for 10 business days from the first delivery attempt. BVC-L SRL shall not be liable for delays or failure to deliver on time where these are caused by circumstances beyond its control, including but not limited to acts of war or terrorism, strikes, national or local states of emergency, failures of transport infrastructure, interruptions to electricity or other utility supplies, earthquakes, other natural disasters, and delivery postponements or delays caused by the recipient.
- Product Availability
If a Product that a user wishes to order is no longer available, the website will technically prevent the user from completing the order process. In a few exceptional and unforeseeable cases, a Product shown as available on the website may become unavailable after an order has been placed. In that event, the contract between the user and BVC-L SRL shall NOT be concluded; the user will be notified, and the Product will not appear in the Shipping Confirmation Email sent to the user. If payment was made before the Product was confirmed as unavailable (e.g. through PayPal), BVC-L SRL will refund the amounts paid by the user as soon as possible and, in any event, within thirty days of BVC-L SRL’s notification that the Product is unavailable.
- Compatibility and Product Information
Users are requested to check, when placing an order, that the Products they intend to purchase are suitable for their intended use. Users are encouraged to treat Keep Out Bracelets as the definitive reference when checking compatibility. In the event of any discrepancy between the information on Keep Out Bracelets and that on any other website (or other source of information), the Product compatibility information displayed on Keep Out Bracelets at the time of purchase shall prevail. Please note that, due to screen display limitations, the exact colour, size and design of items shown on screen may differ from the actual characteristics of the Products.
If the Products received do not match those ordered, or if a delivery is incomplete or items have been damaged in transit, users are encouraged to contact BVC-L SRL Customer Care by email or telephone for assistance and to consult the Shipping and Returns section.
- Ownership of Products
Ownership of the Products, and the associated risk, shall pass from BVC-L SRL to the user upon receipt of the Products.
- Statutory Withdrawal Period, Returns and Refunds
Notice Concerning the Exercise of the Right of Withdrawal Within the Statutory Period
Right of withdrawal. Users have 14 (fourteen) days to withdraw from their contract with BVC-L SRL in relation to item(s) purchased on Keep Out Bracelets without providing any reason, by sending an unequivocal statement by email to info@keepoutbracelets.com.
The fourteen-day period starts on receipt of the item purchased on Keep Out Bracelets or, for a contract involving the delivery of more than one item, on receipt of the final item under that contract or, in the case of recurring deliveries of items of the same type, no earlier than receipt of the first delivery, and not before BVC-L SRL has fulfilled its information obligations. To meet the fourteen-day deadline, it is sufficient to send the withdrawal statement.
Legal consequences of withdrawal. In the event of a valid withdrawal, obligations performed and benefits received, e.g. interest, must be returned within 14 (fourteen) days. If obligations performed and benefits received, e.g. benefits resulting from use, cannot be returned, or can be returned only in part or in a deteriorated condition, the user must compensate Hang Loose accordingly. Users are required to compensate BVC-L SRL for deterioration of the Product and for benefits received only insofar as those benefits or that deterioration result from handling beyond what is necessary to establish the Product’s properties and functioning. “Establishing the Product’s properties and functioning” means inspecting and trying out the Product as would be possible and customary in a physical retail store. Obligations to refund amounts paid will be fulfilled within 14 (fourteen) days by bank transfer. For the user, the fourteen-day period begins when the withdrawal statement is sent; for BVC-L SRL, it begins when the withdrawal statement is received. However, the user may enforce the right to a refund only after BVC-L SRL has received the returned item or the user can provide proof that the item was returned within the prescribed fourteen-day period.
Please note that the customer is solely responsible for the shipping costs of returning goods following withdrawal and that the company accepts no liability for loss, theft or damage to return parcels shipped by customers without insurance.
Exceptions to the exercise of the right of withdrawal within the statutory period. The right of withdrawal does not apply to items manufactured to specifications provided by the user or clearly personalised to meet their individual needs.
Returns and complaints policy. BVC-L SRL reserves the right to seek compensation from the user for returned Products found to have been damaged or used.
If a returned Product shows clear signs of wear, damage or tampering (e.g. scratched jewellery, items used beyond simple try-on, or items without their original packaging intact), the company reserves the right to deduct a percentage from the refund (a reduction for diminished value) or to refuse the return and send the item back to the customer at the customer’s expense, as provided for by the Italian Consumer Code.
Once BVC-L SRL has received and approved the returned items, it will confirm receipt to the user by email and issue the refund, which will also be confirmed by email.
BVC-L SRL may also offer users, at their option, the following alternatives to a refund:
– the user may expressly authorise BVC-L SRL to replace the original Product with another Product; or
– the user may expressly authorise BVC-L SRL to issue a voucher (claim voucher).
These options are voluntary and subject to the user’s discretion and express consent. Please also refer to the Payments and Shipping.
- Warranties and Statutory Rights
The Keep Out statutory warranty lasts 2 years and covers manufacturing defects, but does not cover wear and tear over time, misuse of the item, attempted repairs or negligence.
Any damaged item of jewellery must be accompanied by a warranty certificate (or receipt/invoice) proving the date of purchase.
The manufacturing company reserves the right to determine whether damage to an item is due to a manufacturing defect.
Keep Out uses only pure silver, one of the most beautiful and lustrous metals. With appropriate care, silver will retain its beauty and character for many generations.
Pink and black rhodium plating is warranted for 6 months and is naturally subject to fading due to skin acidity, perspiration and exposure to salt.
Users are covered by a statutory warranty in respect of purchased items that prove to be defective. In such cases, users may request a remedy (repair of the defect or provision of a defect-free item, at their discretion, unless repair or replacement is impossible or not reasonably feasible),
if no remedy can be requested, users may terminate the contract or obtain a reduction in the purchase price and claim damages.
The purchased item is free from material defects if, upon delivery, it has the agreed quality. Where no quality has been expressly agreed, the purchased item is deemed free from material defects if:
it is suitable for the use intended under the contract; and/or it is suitable for its normal intended use and its quality is that normally found in items of the same type, which the buyer can reasonably expect given the nature of the item. “Quality” includes characteristics that the buyer may expect on the basis of public statements about the specific characteristics of the purchased item made by the seller, manufacturer or their representative, including but not limited to advertising or labelling, unless the seller was unaware of the statement and could not reasonably have been expected to know of it, or unless the quality had been changed by the time the contract was concluded while remaining at the same level, or the statement was irrelevant to the decision to purchase the item.
BVC-L SRL shall bear all expenses necessary to remedy the defect, in particular transport, staff travel, labour and material costs. BVC-L SRL may refuse the type of remedy chosen by the user if it can be provided only at a disproportionate cost. In assessing this, account must be taken, in particular but not exclusively, of the value of the item if free from defects, the significance of the defect, and the possibility of using alternative remedies without causing substantial inconvenience to the user. In that case, the claim shall be limited to the alternative remedy; BVC-L SRL shall also retain the right to refuse that alternative remedy, subject to the requirements stated in the first sentence above. If BVC-L SRL provides a defect-free item as a remedy, it may request the return of the defective item.
Users may make a claim regarding a defect in a purchased item only if they notify BVC-L SRL of the defect immediately after discovering it or immediately after they should reasonably have discovered it. Notifications of defects made within two months of discovery are still considered timely. Legal claims based on circumstances that would establish the purchased item’s lack of conformity with the contract become time-barred two years after the claim is made, without prejudice to the user’s right to seek a price reduction or damages as a defence in legal proceedings seeking payment of the price of the purchased items.
Users are requested to retain the order confirmation/invoice, or pass it on to the gift recipient, as original proof of purchase entitling the holder to warranty coverage.
- Liability
These Terms of Sale set out all of BVC-L SRL’s obligations and liabilities in relation to the sale of Products. In particular, BVC-L SRL does not undertake to guarantee that the Products are suitable for users’ purposes.
Nothing in these Terms of Sale shall exclude or limit BVC-L SRL’s liability under the law for death or personal injury caused intentionally or negligently by BVC-L SRL or its employees, for damage caused intentionally or through gross negligence by BVC-L SRL or its employees, or limit rights or obligations essential to the nature of the contract where doing so would undermine the purpose of the contract, or any other liability that cannot lawfully be excluded or limited.
BVC-L SRL shall not be liable in contract, tort or otherwise for financial losses (including but not limited to loss of profits, revenue, contracts, business or anticipated savings), loss of data, loss of goodwill or reputation, losses or damage of any kind, or claims brought by users and/or third parties, except as expressly provided herein and except for damage arising from BVC-L SRL’s liability for death or personal injury caused intentionally or negligently by BVC-L SRL or its employees, damage caused intentionally or through gross negligence by BVC-L SRL or its employees, and acts that limit rights or obligations essential to the nature of the contract where doing so would undermine the purpose of the contract.
- Severability
If any provision of these Terms of Sale is held to be unlawful, void or unenforceable for any reason, that provision shall be deemed severable from these Terms of Sale and shall not affect the validity or enforceability of the remaining provisions. The unlawful, void or unenforceable provision shall be replaced with a valid provision whose economic purpose comes as close as possible to that of the unlawful, void or unenforceable provision.
- Intellectual Property and Trademark Protection
(Keep Out trademark, logo, bracelet/thimble design, website photographs, text and images)
Reproduction, copying, commercial exploitation or unauthorised use by third parties or unauthorised retailers of the photographic content and registered design is strictly prohibited.
- Contact Information
BVC-L SRL Customer Care will assist users with questions or complaints concerning orders placed on Keep Out Bracelets.
We are willing to seek an amicable resolution to any complaints. If no agreement can be reached, please note that either party has the right to use the services provided by the ODR platform. Managed by the European Commission, the ODR platform is an online platform that provides businesses and consumers within the European Union with a forum for out-of-court resolution of disputes concerning online sales, thereby avoiding court proceedings. The out-of-court dispute resolution services available through the platform are provided free of charge, and neither party is obliged to participate in the procedure.
- Governing Law
These Terms of Sale and users’ purchases of Products from BVC-L SRL through Keep Out Bracelets shall be governed by, and construed in accordance with, Italian law.
In the event of a dispute arising in connection with these Terms of Sale, the user shall always have the right to bring proceedings before the court having jurisdiction over their place of residence or domicile.