TERMS AND CONDITIONS
General terms and conditions for the sale of FENDI products via THE FENDI.COM WEBSITE.
(1) The company Fendi Australia Pty. Ltd. (hereafter, “FENDI” or the “Vendor”) sells products covered by the “FENDI” trademark.
(2) These General Terms and Conditions of Sale are applicable to all distance sales of FENDI products via the FENDI.com website (“Site” or “Website”), including with telephone assistance provided by FENDI Customer Service. Distance sales, as regulated herein, were designed in compliance with local laws in force.
(3) The use of the distance sales service described herein is reserved solely for consumers. The term “Consumer” is to be understood as any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. The resale, rental or transfer for commercial or professional reasons of products purchased on the Site is strictly forbidden.
(4) The Customer is asked to accept the 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 FENDI.com website, the Customer fully and unreservedly acknowledges and accepts that these General Terms and Conditions of Sale form an integral and substantial part of the order.
(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 Official Website 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 conditions of sale applied. In no case can the Vendor be held liable for the provision of services by third parties.
(8) Please read 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.
(2) Orders may be placed via the FENDI.com website, or from FENDI Customer Service, Monday to Friday, from 9am - 7pm (Sydney time), 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) Subject to any non-excludable guarantees provided by the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL"), 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 the Customer's computer's technical characteristics and color resolution. Consequently, any confirmation about the condition of a product is subject to the restriction on the possibly inaccurate representation on the customer's computer FENDI is not able to guarantee identity at the FENDI products and the graphic representation of the FENDI products shown on the website with respect to colouring for 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 website, and to confirm that he/she has read and 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 should follow the instructions on the Site.
3. Product prices
(1) Product prices include all taxes (including GST) and duties, ordinary shipping costs, unless otherwise stipulated on the FENDI.com website 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 Australian dollars and include any tax (if applicable).
4. Completing the order
(1) The purchase procedure is complete 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 website without having confirmed the order.
(3) The General Terms and Conditions of Sale are always available via the "My Orders" part of the website.
(4) After the customer has clicked on "payable order", an automatic e-mail is sent via the access of the order to the customer. This is not yet the acceptance declaration of FENDI.com. A contract has not yet come about at this time.
(5) FENDI considers the Customer's order to be binding once the entire purchase procedure has been completed properly, without any errors being identified by the Site. The contract between FENDI and the Customer is to be considered concluded when the Customer receives confirmation of successful completion from FENDI at the e-mail address indicated during the order process, sent in respect of the purchase procedure. With confirmation, the Customer also receives a copy of these accepted General Terms and Conditions of Sale and a complete summary of the order.
(6) Before FENDI sends the confirmation of the successful conclusion of the contract, FENDI will decide whether or not to accept orders not providing sufficient guarantees of solvency or which are incomplete or incorrect or if 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 is informed within 30 days of transmission of the order to FENDI. Any amounts already paid by the Customer for the order will be reimbursed.
(7) Following conclusion of the contract, the Customer will receive written confirmation of the order at the indicated e-mail address, including the number and date of purchase, the product ordered, its price, the amount paid, the right of withdrawal (except in cases where this right is excluded - Personalised Articles), indicating the times and instructions for returning goods, the mailing address for complaints, information on customer service, legal and commercial guarantees 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.
(9) The Customer may cancel the order by telephone to FENDI Customer Service only until ordered products have been prepared for shipment.
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 prevent internet fraud, payments made via the fendi.com website are managed online by the bank in question using tools provided by Cybersource.
(4) Cybersource is responsible for securely storing and automatically processing order data including credit card information.
(5) For payment, the Customer must confirm on the fendi.com website 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 an amount of $1.00. This authorization is not debit. 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.
(1) Without prejudice to the previously mentioned article 4, the payment of products purchased on the website FENDI.com can be paid via PayPal. Should the Customer choose PayPal as their payment method, they will be redirected to the website www.paypal.com/au where the payment for the products will be carried out following the procedure envisaged and regulated by PayPal and the contract terms and conditions as agreed between the user and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with FENDI. FENDI therefore has no knowledge of and cannot record in any way the details of the credit card connected to the Customer's PayPal account or any other payment instrument connected to said account.
(2) In the event of payment via PayPal, the total amount due will be debited by PayPal from the Customer at the conclusion of the online contract in accordance with Article 4. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to the Customer's PayPal account. The time required to credit the payment instrument connected to said account depends exclusively on PayPal and the banking system. Once the credit order in favour of said account has been arranged, FENDI cannot be held responsible for any delays or omissions in crediting the Customer with the refund. To contest these cases the Customer must contact PayPal directly.
(3) The Customer expressly acknowledges and agrees that, when entering their data into the PayPal website to make their first purchase, a specific procedure entitled "Reference Transaction" will be automatically activated, which - through an automatic Customer recognition system - will allow them to complete any future orders with PayPal without having to sign in using their credentials again. The Customer can disable the "Reference Transaction" at any time by going to the specific section 3.11 (Cancelling Recurring
Payments) of the PayPal website (https://www.paypal.com/au/webapps/mpp/ua/useragreement-full).
6. Retention of title
(1) The delivered goods remain the property of FENDI until full payment has been received.
(1) Following order transmission via the fendi.com website, the Customer can monitor delivery of the order in the My Orders part of the Fendi&Me section of the fendi.com website.
(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 country: Australia (“Territory”).
(4) No shipping address (or delivery request) will be accepted outside the Territory.
(5) The Customer may request delivery to the physical person of his/her choice, whose residence is within the Territory. No deliveries will be made to post office boxes, 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 fendi.com website 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 area on the website.
(7) Articles are delivered to the address indicated by the Customer only after payment for the order has been made. Upon receipt of payment, FENDI fills orders within a maximum of 30 days of the day the order is made 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 options:
i. Ordinary shipping with DHL: delivery will be made within 4-6 business days, Sunday excluded
ii. Pick Up in Store: delivery is made within 4-6 business days exclusively to participating FENDI Boutiques, listed on the fendi.com website, and subject to the specific terms and conditions available in the Pick Up in Store section
(9) The delivery terms are merely indicative.
(10) Shipping costs for article (8) points i) and ii) 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 fendi.com website. 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 contains 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.
8. Pick Up in Store
(1) FENDI offers its Customers the possibility of picking up distance-sale orders at its designated Boutiques indicated in the Fendi.com section “Pick-up in store”.
(2) To take advantage of this service, the Customer must select "Pick Up in Store" at the time of the order, and select a store from the list on fendi.com.
(3) FENDI will inform the Customer via e-mail when the products ordered are available for pick up at the selected store. Orders will be available for pick up for a maximum of 14 days from the sending of the pick-up notice. Upon expiry of the delivery period, the order will be considered to be cancelled and will be returned to FENDI. The Customer will be refunded the purchase price of the products.
(4)The Customer must print the pick-up notice e-mail and take it to the selected store along with a valid piece of identification for pick up.
(5) The Customer must pick up the order in person, or delegate another person to pick it up on his/her behalf. In this case, the products are delivered only to the person bearing a written proxy signed by the Customer having made the purchase and a copy of the Customer's proof of identity, in addition to the documents indicated for pick-up by the Customer. The proxy is available on the fendi.com website.
(6) The staff at the store chosen for pick up may refuse to deliver the purchase in the event the Customer fails to respect the pick-up procedure.
(7) The Products picked up in store are subject to the same terms and conditions for returns and exchanges under articles 7 and 8 of these General Terms and Conditions of Sale. Should the Customer wish to return or exchange the purchase, the procedure described in article 10 of these General Terms and Conditions of Sale can be followed.
(1) Subject to any non-excludable guarantees provided by the ACL and any other applicable legislation, FENDI shall only be liable for material defects.
(2) There is an additional guarantee for the goods supplied by the supplier only if this has been expressly stated in the order confirmation of the respective article.
(3) Subject to any non-excludable guarantees provided by the ACL and any other applicable legislation, the customer is not entitled to any claims for defects if he has altered a product or has changed it 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. In the same way, if payment is made via PayPal, and the amount is debited at the time of order, the Customer will be promptly refunded at the time of order cancellation.
10. Returns and Refunds – Withdrawal
In addition to any applicable remedies relating to a non-excludable guarantee under the ACL, the Customer also has a right of withdrawal, which must be exercised as described below.
The right of withdrawal must be exercised by the Customer within 14 (fourteen) 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 DHL 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 14 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.); swimwear; marked down items; furs.
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. 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 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.
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 credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.
11. Limitation of liability
(1) Subject to any non-excludable guarantees under the ACL and any other applicable legislation, claims of the customer for damages are excluded, except in the following cases: Claims for 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. 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 damage that is typical for the contract, if this is simply caused by negligence, unless the customer is claiming 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 provider if claims are directly asserted against them.
(4) The applicable provisions on the product liability shall remain unaffected.
(5) The limitations on FENDI's liability contained in this contract are made to the full extent permitted by law. Nothing in this contract restricts the effect of warranties or conditions which may be implied by law or any other rights or remedies which cannot be excluded, restricted or modified. Subject to those laws, to the extent to which FENDI is entitled to do so, its liability under such implied conditions or warranties or other rights or remedies, shall be limited at its option to: (i) in the case of goods, any one or more of the following: (A) the replacement or repair of the goods or the supply of equivalent goods; or (B) the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; or (ii) in the case of services, any one or more of the following: (A) the supplying of the services again; or (B) the payment of the cost of having the services supplied again.
12. Product authenticity and intellectual property rights
(1) FENDI guarantees the authenticity and quality of all the products sold on the Site.
(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 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 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 S.r.l. is also strictly forbidden.
13. 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 days of its occurrence. Should the suspension of the services last more than 15 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.
15. Competent jurisdiction and applicable law
(1) If a dispute in connection with these General Terms and Conditions of Sale arises, each party must not commence any court or arbitration proceedings relating to the dispute unless it has complied with the provisions of this article 15, except to seek urgent interlocutory relief. A party claiming that a dispute has arisen must notify the other in writing and provide details of the dispute ("Dispute Notice").
(2) Immediately following receipt of a Dispute Notice, the parties must use reasonable endeavours to resolve the dispute. If the parties fail to resolve the dispute within 30 days after receipt of a Dispute Notice, either party may refer the dispute to mediation.
(3) If the dispute is referred to mediation the parties must jointly appoint a mediator and agree on the mediator’s remuneration. If the parties fail to agree on the appointment and remuneration within five days of service of notice of the referral to mediation or any other time that the parties agree to in writing, either party may apply to the President of the Law Society of New South Wales or the President’s nominee to appoint a mediator and determine the mediator’s remuneration. The parties must observe the instructions of the mediator about the conduct of the mediation. Each party must pay an equal share of the costs of the mediation to the mediator. Each party agrees to indemnify the mediator against liability in respect of the mediation of the dispute.
(4) These General Terms and Conditions of Sale are governed by and are to be construed in accordance with the laws applicable in New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
In the event of a discrepancy between the General Terms and Conditions of Sale in English and in another language accepted by the Customer, the meaning and interpretation of the General Terms and Conditions of Sale in English 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 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
To the maximum extent permitted by law and subject to any non-excludable guarantees, the right to revoke the contract is excluded with respect to personalized products.