TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS (ARABIC VERSION)
General terms and conditions for the sale of FENDI products via the official FENDI.COM website (the “Site”).
(1) the company Fendi Italia S.r.l. (hereafter, “FENDI” or the “Vendor”) sells products covered by the “FENDI” trademark in Italy.
(2) These General Terms and Conditions of Sale are applicable to all distance sales of FENDI products via the Site, including with telephone assistance provided by FENDI Customer Service. Distance sales, as regulated herein, were designed in compliance with applicable Italian national laws currently in force and European Directive on Consumer Rights (no. 2011/83 EU) as an active subject in this system.
(3) The use of the distance sales service described herein is reserved solely for end-user consumers. The term “Customer” is to be understood as any natural person who enters into a legal transaction for purposes that are predominantly outside his/her trade, business or profession. The resale, rental, or transfer for commercial or professional reasons of products purchased on the Site is strictly forbidden.
(4) FENDI may modify these General Terms and Conditions of Sale at any time. Therefore, the Customer is asked to accept these General Terms and Conditions of Sale in force at the time of purchase, a copy of which will be sent to the Customer at the e-mail address provided by the Customer.
(5) These General Terms and Conditions of Sale are published on the Site for the Customer's knowledge, storage and reproduction.
(6) It is understood that by placing an order on the Site, the Customer hereby fully and unconditionally acknowledges and expressly accepts these General Terms and Conditions of Sale, which form an integral and substantial part of these recitals.
(7) These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than FENDI, even in cases in which they are presented on the Site via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than the Vendor, the Customer is invited to check the applicable conditions of sale thereto. In no case can the Vendor be held liable for the provision of services by third parties.
(8) Please consult the Privacy Information Notice for information on the processing of Customer personal data.
2. Product orders
(1) Orders may be placed directly by persons of legal age who are not under legal disability (pursuant to applicable Italian law).
(2) Orders may be placed in English via the Site, or from FENDI Customer Service, Monday to Friday, from 11am to 8pm GST, excluding public holidays.
(3) The Customer must provide FENDI a valid
e-mail address to which required information, information under these General Terms and Conditions of Sale and any information concerning the order will be sent.
(4) Each distance sale order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products, up to a maximum of seven products per order, of which a maximum of two units per same article.
(5) FENDI reserves the right to modify the limits for the quantity and/or types of products that may be purchased via distance sales, at any time.
(6) The Customer is responsible for selecting the articles of interest to him/her. The Customer's shopping cart and the order summary sent to the Customer following completion of the purchase include a description of the products ordered, including measurements and sizes (where applicable), and a digital photograph allowing a correct representation of the products available on the site.
(7) Although FENDI takes all appropriate measures to ensure the photographs on the site faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due to (but not limited to) the Customer's computer's technical characteristics and/or color resolution. Consequently, any confirmation regarding the condition or characteristics of a product shall at all times be subject to the possibility of inaccurate representation on the Customer's computer; as such, FENDI does not (implicitly or explicitly) guarantee or warranty, in any way, the condition, representation and/or characteristics of any products on the Site due to the technical reasons listed above.
(8) The Customer must click on the shopping cart icon to view the selected articles and total price of the articles ordered. The Customer is asked to verify the content of the shopping cart before completing the purchase form in accordance with the instructions provided on the Site, and to confirm that he/she has read and unconditionally accepted these General Terms and Conditions of Sale.
(9) Should the Customer need to modify (an article or quantity) or correct any errors in the order, he/she must follow the instructions on the Site.
3. Product prices
(1) Product prices include all taxes and duties, ordinary shipping costs, unless otherwise stipulated on the Site or on the order page.
(2) The price of each product is displayed for the Customer prior to completion of the order. All prices are in local currency and include VAT, if applicable.
4. Completing the order
(1) The purchase procedure is deemed completed only once the Customer confirms the order. Upon confirmation, the order is sent directly to FENDI.
(2) The Customer may correct or cancel the order before its completion by leaving the Site without having confirmed the order.
(3) These General Terms and Conditions of Sale are available via the "My Orders" part of the Site.
(4) After the Customer has clicked on "payable order", an e-mail notification is automatically sent via the access of the order to the Customer.
(5) FENDI considers the Customer's order to be binding only once the entire purchase procedure has been properly completed, without any errors being identified by the Site and/or FENDI. The contract between FENDI and the Customer is considered concluded only once the Customer receives formal confirmation of successful completion from FENDI to the
e-mail address indicated during the order process, sent in respect of the specific purchase procedure. Upon receiving such confirmation, the Customer will also receive a copy of these accepted General Terms and Conditions of Sale and a complete summary of the order for his/her records.
(6) Before FENDI sends the confirmation of the successful conclusion of the order/binding contract, FENDI has the right to accept or reject orders which do not provide sufficient guarantees of solvency or which are incomplete or incorrect or if the ordered products are unavailable. In this case, FENDI will inform the Customer that the contract is not concluded and that it is not following up on the order, providing its reasons for doing so. The Customer shall be informed within 30 days of transmission of the order to FENDI of such cancellation, if applicable. Any amounts already paid by the Customer at the time of cancellation for the order will be reimbursed.
(7) Following successful conclusion of the contract, the Customer will receive written confirmation of the order to the indicated e-mail address, including the number and date of the purchase, the product ordered, its price, the amount paid, the right of withdrawal (except in cases where this right is excluded – i.e. Personalised Articles), an indication of the times and instructions for returning goods, the mailing address for complaints, information on customer service, legal and commercial guarantees (if applicable) and the right to use out-of-court resolution mechanisms for complaints or appeals.
(8) The Customer may access the order and these General Terms and Conditions of Sale in the "My Orders" section, which also includes a history of past orders and from which these documents can be printed.
The Customer may cancel the order by telephone to FENDI Customer Service only before any ordered products have been prepared for shipment by FENDI.
5. Conditions of payment
(1) The Customer must make payment via one of the methods of payment indicated on the order form.
(2) For payment via credit card, the amount will be debited from the Customer's credit card at the time the order is being prepared for shipping.
(3) In order to help prevent internet fraud, payments made via the Site are managed online by the bank in question using tools provided by Cybersource.
(4) Cybersource shall be responsible for securely storing and automatically processing order data including credit card information, pursuant to the terms and conditions found on Cybersource’s site [https://www.cybersource.com/en-MEA/]
(5) For payment, the Customer must confirm on the Site that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiry date and security key indicated on the card. Upon completing the order, the Customer's bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen. Validity of the Customer's card may be confirmed via a payment authorization at a cost of €1.00. This authorization is not debited. FENDI does not debit any amount from the credit card until the articles ordered have been prepared for shipping.
(6) If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically cancelled.
(7) For payment upon delivery, specific conditions will apply (extra charge, limitations as to the value or quantity of the purchases payable on delivery, etc.) as indicated in the order form.
6. Retention of title
The delivered goods remain the property of FENDI until full payment has been received.
(1) Following order transmission via the Site, the Customer can monitor delivery of the order in the “My Orders” part of the “Fendi&Me” section of the Site.
(2) The Customer can contact FENDI Customer Service by telephone or e-mail to request information on delivery.
(3) Without prejudice to the exceptions below, articles will be delivered only to the address indicated by the Customer in the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, United Arab Emirates, Kingdom of Saudi Arabia.
(4) No shipping address (or delivery request) will be accepted outside the Territory referenced above.
(5) The Customer may request delivery to the physical person of his/her choice, whose residence or domicile is within the Territory. Deliveries to post office boxes shall be made only upon indication of physical address and telephone number of the Customer. No deliveries will be made to collection points or Poste Restante addresses.
(6) If requested by the Customer, invoices are made available for printing in the Customer's personal area on the Site for a period of time indicated by FENDI on a case-by-case basis. Any invoicing errors can be corrected in the Customer's “My Orders” section on the Site.
(7) Articles are delivered to the address indicated by the Customer only once payment for the order has been registered. FENDI fills orders within a maximum of thirty (30) calendar days from the day the order is made and upon receipt of payment, except where FENDI informs the Customer, within the same period, of non-acceptance of the order pursuant to article 4 above.
(8) The Customer has the following delivery option:
i. Ordinary shipping with UPS: depending on the country, delivery will be made within 6 to 10 business days from Italy
(9) The delivery terms are merely indicative.
(10) Shipping costs for article 7(8) are included in the sale price.
(11) All shipping costs, including additional costs charged to the Customer are itemised in the order form at the time of purchase on the Site. Additional shipping costs are not refunded in the case of article exchanges or returns.
(12) The Customer may contact Customer Service should he/she wish to change the delivery date. In any case, the e-mail sent by FENDI to the Customer shall contain a tracking code and an exclusive link to track the shipment in real time. FENDI's Customer Service can provide assistance for any delivery problems.
(1) FENDI shall only be liable for material defects in accordance with applicable legal requirements in the country of the Customer within the Territory.
(2) There shall be an additional guarantee for the goods supplied by any third party supplier only if such additional guarantee/warranty has been expressly stated in the order confirmation of the respective article.
(3) The Customer is not entitled to any claims for defects if he/she has altered a product or has changed it in any way (including, but not limited to, by a third party), unless the Customer proves that the material defect already existed at the time of delivery.
(4) If the order is cancelled, the price is not debited from the Customer's credit card. If the credit card has already been debited, the Customer will be promptly refunded.
9. Returns and Refunds – Withdrawal
The Customer's right of withdrawal must be exercised as described below.
The right of withdrawal must be exercised by the Customer within 14 (fourteen) calendar days of the date of delivery to the Customer or a third party.
To exercise the right of withdrawal, the Customer must contact Customer Service or follow the online procedure and obtain a return code. Once the Customer has obtained a return code, he/she must contact UPS for pick up and attach the printed return label on the package.
For the return to be accepted by FENDI, the products must be returned within fourteen (14) calendar days of the date on which the Customer informed FENDI of his/her wish to return the purchase with the return form via the online procedure or by telephone to Customer Service, in order to obtain a return code, and respecting the following conditions:
1. The products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.).
2. The products must be accompanied by the purchase receipt.
3. Products returned by the Customer must not have been damaged, used, worn or washed, but may be handled and inspected to determine their nature and characteristics. The soles of shoes must be perfectly intact. FENDI strongly recommends that Customers try on FENDI shoes on a particularly soft and smooth surface.
4. Labels and security tags must still be attached to the products.
5. Damaged goods being returned must be in the condition in which they were received by the Customer; the Customer must not attempt to modify, handle or repair them.
6. Products from the following categories cannot be returned: perfumes and skincare (e.g., body creams, cleansers, etc.)
FENDI reserves the right to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.
FENDI also reserves the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products which are in violation of these General Terms and Conditions. FENDI cannot be held liable for lost or stolen products beyond its control, or for returns to the wrong address, or for delivery delays of returned products beyond its control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing sufficient proof of return.
In the event of withdrawal, the Customer will be refunded all payments made to FENDI, according to the method of payment chosen for the purchase, and for the product for which withdrawal was exercised, include delivery costs (excluding additional costs for special deliveries described in article 5 above).
FENDI will refund these amounts upon receipt of the returned product or when the Customer proves that he/she has correctly sent the product to FENDI. Refunds are credited to the Customer's current account linked to the credit card used by the Customer for payment. In case of payment by cash on delivery, the refund will be made by bank transfer to the bank account that the Customer shall indicate to FENDI Customer Service which may request the Customer to produce a bank statement as evidence of the accuracy of the account indicated. Refunds are at no charge to the Customer.
10. Limitation of liability
Excluding cases of willful default or gross negligence, FENDI cannot be held liable to the Customer for indirect damages caused to him/her by the purchase of products offered for sale on the Site. In addition:
(1) Claims of the Customer for direct damages are excluded, except in the following cases: Claims for direct damages resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by FENDI, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the case of infringement of essential contractual obligations, the supplier is only liable for the foreseeable direct damage that is typical for the contract, if this is simply caused by negligence, unless the Customer is claiming direct damages from injury to life, body or health.
(3) The limitations of paragraphs (1) and (2) shall also apply to the legal representatives and vicarious agents of the supplier if claims are directly asserted against them.
11. Product authenticity and intellectual property rights
(1) FENDI guarantees the authenticity and quality of all the products sold on the Site, subject to the terms of these General Terms and Conditions of Sale.
(2) The FENDI trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on FENDI products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of FENDI ADELE S.r.l., with registered office at Palazzo della Civiltà, Quadrato della Concordia 3, 00144. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of FENDI ADELE S.r.l. This clause is not applicable to the private use of the FENDI products .
(3) Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.
(4) Reproduction in whole or in part, modification or use of drawings, models or patents which are the exclusive property of FENDI ADELE S.r.l. is also strictly forbidden.
12. Force majeure
(1) Performance of services by FENDI may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.
(2) FENDI will inform the Customer of said unforeseeable circumstance or force majeure within seven (7) calendar days of its occurrence. Should the suspension of the services last more than fifteen (15) calendar days, the Customer may cancel the order and receive a refund of amounts already paid.
(1) The Customer may always obtain information on how FENDI processes his/her personal data in our Privacy Information Notice.
14. Competent jurisdiction and applicable law
(1) The competent jurisdiction for sales made on the Site is Italian law. For dispute settlement, the mediation procedures established under legislative decree no. 28 of 4 March 2010 can be used. Out-of-court dispute settlement is also possible, including through the use of the RisolviOnline conciliation service provided by the Arbitration Panel of the Milan Chamber of Commerce.
(2) The European Commission provides a platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/odr. FENDI is currently not participating in dispute settlement proceedings before a consumer arbitration body. There is no obligation on FENDI to so participate.
(3) Orders placed under these General Terms and Conditions of Sale are governed by Italian law, and in particular by the Civil Code, legislative decrees no. 206 of 6 September 2005, and no. 70 of 9 April 2003, excluding conflict laws and private international law. The Vienna Convention on the International Sale of Goods of 1980 does not apply.
In the event of a discrepancy between the General Terms and Conditions of Sale in Italian and in another language accepted by the Customer, the meaning and interpretation of the General Terms and Conditions of Sale in Italian shall prevail.
SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALISED AND/OR SPECIALLY PRODUCED PRODUCTS
For certain articles, FENDI also offers the following services:
i. Product personalisation through embroidery/printing of initials (hereafter "Personalised Products); and
ii. Possibility of ordering products that are not yet available in stores at the time of order ("Pre-ordered Products").
For Personalised Products and Pre-ordered Products, the following apply:
a. The special terms and conditions of sale indicated below, and
b. The general terms and conditions of sale indicated above in so far as they are not expressly or implicitly affected by the following special conditions.
The terms used beginning with a capital letter in these special conditions have the same meaning as in the General Terms and Conditions of Sale above.
Article 1: Orders and Payment
For Personalised Products and Pre-ordered Products, the following apply:
a. The Customer hereby unconditionally acknowledges and accepts that during the use of the personalisation service, his/her choice for the creation of the personalised product is saved only for the duration of the current session. Should the current session be interrupted before the order has been placed, a new session must be begun and sent in order to express one's choices regarding the creation of the personalised product.
b. Once the order has been sent by the Customer and confirmed by FENDI, the Customer is informed via e-mail of order acceptance and subsequently of shipping of the personalised products.
The provisions of article 4 of the General Terms and Conditions of Sale apply to the debit of the price of the Personalised Products and/or Pre-ordered Products; i.e. the credit card is debited when the product is prepared for shipping.
Article 2: Delivery of Pre-ordered and Personalised Products
Contrary to that stipulated in article 7 of the General Terms and Conditions of Sale, Personalised Products and/or Pre-ordered Products may be delivered in a time slot indicated on the Site; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely indicative. FENDI informs the Customer of shipping by e-mail as soon as the products are available. If the Customer purchases several Pre-ordered Products or Personalised Products with different delivery dates in the same order, they will all be shipped together at the latest delivery date, or at FENDI's discretion, based on availability.
Article 3: Returns and Exchanges of Personalized Products
The right to revoke the contract is excluded with respect to personalized products.
[Last update 16 June 2017 ]