General terms and conditions for the sale of Fendi products VIA THE FENDI WEBSITE

Welcome to the online store dedicated to Canadian customers, managed by Fendi Canada Inc. (“ FENDI”). In addition to the Website Terms of Use (available here) and the Privacy Policy (available here) all documents of which are incorporated herein by reference, these additional terms and conditions of sale (the “ Terms and Conditions of Sale”) apply to your purchase. In the event of a conflict between these Terms and Conditions and the Website Terms of Use, these Terms and Conditions prevail.

It is understood that by placing an order on the FENDI online store (the “ Store”) located at http://www.fendi.com/ca and http://www.fendi.com/ca-fr (the “ Website”) or from FENDI customer service, the customer (“ customer” or “ you”) acknowledges and accepts these Terms and Conditions of Sale and the Website Terms of Use, all of which form an integral and substantial part of these Terms and Conditions of Sale.

These 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 Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than FENDI, the customer should check the conditions of sale which apply to such transaction. FENDI is not liable for the provision of services or the sale of products by third parties.

1. Vendor identification

For the purposes of these Terms and Conditions of Sale, the vendor is FENDI Canada Inc., located at Commerce Court West, 199 Bay St., Toronto, ON M5L 1G9. 

The Customer should address any communication to FENDI by telephone or e-mail using the following contact information:

• Telephone Number:  +1 (416) 783-7129
• Email Address:  customercare.americas@fendi.com 

2. Product orders

You may only place an order if you are domiciled in Canada and are of legal age. By placing an order, you represent and warrant that you meet both requirements. 

Orders may be placed in English via this Store, or from FENDI Customer Service, on Monday through Friday from 9:00 A.M. EST to 9:00 PM EST and Saturday through Sunday from 9:00 AM EST to 6:00 PM EST, excluding public holidays. 

The customer must provide FENDI a valid e-mail address to which any information concerning the order will be sent. Each online order 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. Fendi may cancel or modify any order that exceeds these maximums without prior notice to you. 

FENDI reserves the right to modify the limits for the quantity and/or types of products that may be purchased online, at any time. These modifications and deletions will apply immediately and to all future purchases of products or services. FENDI will not provide any notice to the customer of these modifications unless required by law, in which case we will provide the customer with the required notice under applicable law.  For Quebec customers or customers from other Canadian provinces where applicable, FENDI will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending FENDI a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in FENDI’S obligations. 

FENDI reserves the right to not accept orders which are incomplete, incorrect, or that contain unavailable products. If FENDI exercises such right, FENDI will inform the customer that FENDI has exercised such rights, providing the reasons for doing so. 

Although FENDI takes reasonable measures to help ensure the photographs and product descriptions on the Store 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, among other things. Consequently, FENDI is not responsible for any inaccuracies in the graphic representation of the FENDI products displayed on the Store.

3. Product prices

Product prices include all taxes and duties, shipping costs, unless otherwise stipulated on the fendi.com website or on the order page. The price of each product is displayed for the customer prior to completion of the order. All prices are in Canadian dollars.

4. Completing the order

The purchase procedure is complete once the customer confirms the order. The customer may correct the order before confirmation or can cancel the order before its completion by leaving the Website without having confirmed the order. The customer’s order is binding on the customer once the confirmation of successful completion of the order is presented via the Website or is sent by FENDI to the e-mail address indicated by the customer during the order process. Such confirmation typically includes the number and date of purchase, the product ordered, its price, the amount paid and any right to return product.

The customer may cancel the order by telephone to FENDI Customer Service only before ordered products have been shipped.

5. Conditions of payment

The customer must make payment via one of the methods of payment indicated on the Website, including major credit cards, PayPal, Klarna, and Affirm, subject to availability and eligibility.  

Credit and Debit Cards

For payment by credit or debit card, the customer must confirm on the Website that they are the card holder and that the name indicated on the credit card is theirs; the customer must provide the credit card number, expiry date and security key indicated on the card (CVV/CVC). Upon completing the order, the customer's bank may request confirmation of the data entered to verify your identity and that the credit card used has not been reported lost or stolen.

For most payment methods, the total price of the order is debited immediately after checkout. For credit and debit card payments, the total price of the order is pre-authorised after checkout, and debited when the order is processed. Pre-authorization may result in a temporary “hold” on your available card funds until the fulfilment of the order. Should an order be cancelled in whole or in part before shipment, you will not be charged for the price of the unshipped items: any pre-authorised amount will be released in accordance with the relevant bank’s policies.

For pre-order items, the total amount is always debited immediately after checkout. In this case, should an order be cancelled in whole or in part before shipment, any paid amount will be refunded to the original payment method.

PayPal

Payment can also be made via PayPal. Should the customer choose PayPal as their payment method, they will be redirected to an external PayPal website where payment will be completed following PayPal procedures and subject to additional terms and conditions from PayPal. Payment card 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 the payment information connected to the customer's PayPal account. Refunds for customers using PayPal will be credited to the customer's PayPal account. FENDI is not responsible for any delays or omissions in PayPal crediting the customer with the refund. To contest these cases the customer must contact PayPal directly. 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 User Agreement available on its website below: (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full).

Klarna and Affirm

In addition to the aforementioned payment methods, the Customer may opt to pay for purchases using Klarna or Affirm, which provide the possibility to pay in installments or to defer payment, subject to availability and eligibility criteria which may vary depending on the Customer's location and the applicable market.

The approval of installment or deferred payment plans is determined solely by Klarna or Affirm and may involve a soft credit check. FENDI does not guarantee approval, nor is it responsible for any impact on your credit score

When selecting a "Pay Over Time" or "Pay in Parts" plan, the total amount of the order will be divided into equal installments, with the first payment due at order confirmation and subsequent installments automatically charged according to the schedule provided by Klarna or Affirm.

In the event of selecting a "Pay Later" option, the Customer may defer the payment of the total order amount for up to thirty (30) days from the order confirmation date, with no interest charged if the full amount is paid within the agreed period, whereas late payments may be subject to additional fees or interest as specified by Klarna or Affirm.

Any return or cancellation of products purchased using Klarna or Affirm shall result in the adjustment of the remaining installments or deferred payment amount in accordance with the policies of the respective provider, and the Customer is responsible for verifying the status of any adjusted or refunded payments directly through the Klarna or Affirm platform. FENDI assumes no responsibility for any fees, interest, or other charges applied by Klarna or Affirm, nor for any issues related to the processing of payments by these providers . All disputes or questions regarding eligibility, payment schedules, or fees must be addressed directly with Klarna or Affirm.

By selecting Klarna or Affirm as a payment method, the Customer expressly acknowledges and agrees to be bound by the respective provider's terms and conditions, available at:
- Klarna: https://www.klarna.com/us/legal/ ;
- Affirm: https://www.affirm.com/disclosures.

6. Delivery

Following order transmission via the Website, the customer can monitor delivery of the order from the "Track your order" page on the Website. The customer can also contact FENDI Customer Service by telephone or e-mail to request information on delivery.

Without prejudice to the exception below, articles purchased on the Website will be delivered only to the address indicated by the customer in Canada. No deliveries will be made to post office boxes, army bases, or courier collection points.

The customer is responsible for the loss or damage to the products ordered beginning at the time at which the customer or a third party designated by the customer and different from the carrier takes delivery of the products. Therefore, if, at the time of delivery, the exterior of the package is damaged, the customer or other recipient, in the case of a gift, must open the package in the presence of the carrier to check the condition of the product inside. If the product is damaged, the customer (or recipient) must detail all observed damage on the delivery note. Any claims must be made as described below.

Should the customer make a claim for loss, non-compliance or damage to the product, FENDI will review the accuracy and validity of such claims and may replace the product free of charge when available, or refund the customer, upon express customer request, according to the terms and conditions described below.

The customer acknowledges and accepts that:

• the ordered articles will be delivered to the residential or commercial address provided by the customer at the time of the order; the customer cannot proceed with redirecting packages and prevents courier’s drivers from rerouting deliveries when recipients are not at home;
• if the address for delivery is located in a building covered by a reception/concierge service, the delivery will be considered fully accomplished at the moment of delivery by the courier to the reception/concierge. Therefore, the property of the goods will pass to the customer at the moment of their delivery to the reception/concierge.

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 30 days of the day the order is made, upon receipt of payment, except where FENDI informs the customer, within the same period, of non-acceptance of the order pursuant to section 4 above.

The customer will have the following options:

1. for items immediately available, the customer can choose from: 

• Overnight Delivery in 1 business day on orders placed by 1pm ET (orders placed after 1pm ET will be delivered in 2 business days) - $35;
• Expedited Delivery in 2 business days on orders placed by 1pm ET (orders placed after 1pm ET will be delivered in 3 business days) - $25; 
• Complimentary Standard Delivery in 6-8 business days; 

2. items that are not immediately available will be shipped with Complimentary Standard Delivery (6-8 business days);
3. pick-up in store: delivery times can vary from 1 to 8 business days. This service is subject to the specific terms and conditions available in the Pick-Up in Store section below. All delivery options available for your order will be displayed at checkout.

The delivery terms are merely indicative. Some items, such as Fragrances, may require additional days for delivery.

The customer may contact Customer Service should he/she wishes 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.

7.  Pick-Up in Store

FENDI offers its customers the possibility of picking up the orders at certain boutiques.

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 the Website.

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 expiration of the delivery period, the order will be considered to be canceled and will be returned to FENDI. The customer will be refunded the purchase price of the products.

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.

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.

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.

The Products picked up in store are subject to the same terms and conditions for returns and exchanges under sections 8 and 9 of these General Terms and Conditions of Sale. Should the Customer wish to return or exchange the purchase, the procedure described in section 9 of these General Terms and Conditions of Sale can be followed.

8. Order Accuracy
The customer must check the products at the time of delivery, to confirm that they match the articles ordered.

If the delivered product is incorrect, the customer should promptly notify FENDI and FENDI will use reasonable efforts to fix the issue through refund or replacement, unless the requested remedy is objectively impossible or excessively costly. Any such notification must be within two (2) months from the date of delivery.

FENDI must be notified of any customer request for one of the remedies listed above using the Contact Us page available here (which can be completed on the Website).

9. Right of withdrawal, Refunds and Exchanges 

(1) The Customer must exercise the right of withdrawal in accordance with the procedures set out below. When doing so, the Customer may choose one of the following options: i) return the product for a refund or ii) return the product in exchange for another item.

(2) Terms and procedures for exercising the right of withdrawal

The Customer may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the products to the Customer or to a third party designated by the Customer.

To exercise the right of withdrawal, the Customer must:

• contact Client Services or follow the dedicated online procedure;
• obtain a return code.

Once the return code has been obtained, the Customer must contact the courier indicated on the Return Label to arrange the collection and affix the duly printed return label to the package.

Alternatively, the Customer may return items purchased on the fendi.com website to selected Fendi stores located in the same country/region where the product was originally delivered. The availability of this service can be verified on the Store Locator page.

In order for the return to be accepted, the products must be returned within 14 (fourteen) days from the date on which the Customer has informed FENDI of their decision to withdraw from the contract, via an online form, by telephone contact with Client Services or at a Fendi store, obtaining the relevant return code.

(3) Return conditions

The return will be accepted only if all the following conditions are met:

• the products must be returned in the original packaging (box, accessories, tags, protective packaging, leaflets, etc.). If the return involves multiple products including perfumes, the latter must be shipped separately;
• the products must be accompanied by a receipt or proof of purchase;
• the products must not have been damaged, used, worn or washed; the soles of the shoes must be perfectly intact; therefore FENDI recommends that the shoes be tried only on soft, smooth surfaces;
• safety labels and swing tags must still be attached to the products;
• perfumes must be sealed, unopened and unused for reasons of hygiene and health protection; if this is not the case, the right of withdrawal cannot be exercised;
• for products with a seal, including in particular Swimwear, returns are accepted only if the seal is intact and the product has not been used;
• if the product was delivered to the Customer already damaged, it must be returned in the same condition in which it was received. The Customer must not attempt to modify, handle or repair it.

Therefore, FENDI reserves the right to refuse returns of products that are damaged, incomplete, deteriorated, soiled or otherwise in a condition that clearly indicates they have been used, as well as products returned after the deadline indicated above or without a return code.

FENDI also reserves the right to claim compensation for any damage resulting from the Customer’s wilful or negligent conduct in connection with the return of the products.

The Customer assumes all risks associated with the return of the products and is required to provide proof of shipment. FENDI cannot be held liable for lost or stolen products, returns to the wrong address or for delays in the delivery of returned products that are beyond its control.

(4) Refund

Where the right of withdrawal is validly exercised, FENDI will reimburse the Customer for all payments received in relation to the product that is the subject of the withdrawal, including standard delivery charges (excluding any additional costs for special delivery methods referred to in Article 5).

The refund will be made without undue delay and, in any case, upon receipt of the returned product or when the Customer has demonstrated that they have correctly shipped it.

The refund will be made using the same means of payment used for the initial transaction (credit card or PayPal). The refund is free of charge for the Customer.

(5) Product exchange

As an alternative to a refund, the Customer may request an exchange of the purchased product, subject to the return conditions outlined above and the additional provisions set forth below.

Exchange is only permitted for:

• a different size or measurement of the same product;
• a different colour of the same style and material.

Furthermore, exchanges can only be made for products of the same price as the original purchase. For example, a Customer who purchases a T-shirt may request an exchange for the same T-shirt in a different size or colour (same style and material), provided that the price matches that of the original purchase.

If the price of the product requested in exchange is different from that originally purchased, the Customer must return the product according to the return procedure described above to receive a refund and make a new purchase.

Furthermore, if the Customer opts for a return with exchange but fails to return the product within fourteen (14) days from the date of withdrawal, the exchange option may no longer be available, in which case, FENDI will proceed with a refund of the amount paid by the Customer. It is understood that if in any case FENDI chooses to accept a return made after the fourteen-day period, the return must still comply with the conditions set forth in paragraph (3). Perfumes are expressly excluded from the exchange option.

All the conditions and restrictions for returns remain fully applicable to exchanges.

10. Force majeure

Performance of services and sales of products by FENDI may be suspended in the event of a force majeure event preventing or delaying its performance including, but not limited to, acts of god, fires, storms, floods, accidents, explosions, epidemics, earthquakes, quarantine restrictions, civil or military authority, acts of public enemy, war, terrorism, acts of the government loss or interruption of electrical power or other public utility, freight embargoes, delays in transportation or other circumstances beyond the control of FENDI.

FENDI will use reasonable efforts inform the customer of these unforeseeable and, in certain cases, may allow for the cancellation or modification of customer orders in response.

11. Limitation of liability

To the extent provided by applicable law, 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, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

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.

The limitations stated in this section shall also apply to the legal representatives and vicarious agents of the provider if claims are directly asserted against them.

The applicable provisions on the product liability shall remain unaffected.

12. Product authenticity and intellectual property rights

FENDI guarantees the authenticity and quality of all the products sold on the Webite.

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.

Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.

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. Competent jurisdiction and applicable law

The competent jurisdiction and applicable law for sales made on the Website is that of the customer’s place of residence or domicile. 

SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALIZED AND/OR SPECIALLY PRODUCED PRODUCTS

For certain products, FENDI also offers the following services:

1. Product personalization through embroidery/printing of initials (hereafter “ Personalised Products”); and
2. Possibility of ordering products that are not yet available in stores at the time of order (“ Pre-ordered Products”).

For Personalized Products and Pre-ordered Products, the following apply:

1. The special terms and conditions of sale indicated below, and
2. 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 Terms and Conditions of Sale above.

Article 1: Orders and Payment

For Personalized Products and Pre-ordered Products, the following apply:

1. The customer acknowledges and accepts that during the use of the personalization service, their choice for the creation of the personalized 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 completed in order to express one’s choices regarding the creation of the personalized product.
2. 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 personalized products.

For Personalized Products, payment information is debited when the product is shipped.

Article 2: Delivery of Pre-ordered and Personalized Products

Delivery estimates for Personalized Products are merely estimates only. FENDI will inform the customer of shipping once the Personalized Product is shipped. If the customer purchases several Pre-ordered Products or Personalized Products with different delivery dates in the same order, they may 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

Because of the clearly personalized nature of Personalized Products, and the fact that they are produced specifically for the customer based on a specific order, they cannot be returned, refunded or exchanged. Similarly, the customer does not have the right to cancel the order, once placed.