TERMS AND CONDITIONS OF SALE

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 North America, Inc. (“FENDI”)..]  In addition to our Website Terms of Use (the Customer can read our Website Terms of Use by clicking here) and our Privacy Policy (the Customer can read our Privacy Policy by clicking here), both documents of which are incorporated herein by reference, we wanted to provide the Customer with  terms and conditions of sale (the “General Terms and Conditions of Sale”) regarding the Customer’s purchase, including details about our products and their availability, shipping, FENDI’s return policy and other information and terms.

It is understood that by placing an order on the FENDI website located at [http://www.fendi.com/ca and http://www.fendi.com/ca-fr] (the “Website”), the customer (“Customer”) fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale our Website Terms of Use and our Privacy Policy, all of which form an integral and substantial part of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by persons 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 to purchase products and services from persons other than FENDI, the Customer should check the conditions of sale which apply to such transaction. In no case can FENDI be held liable for the provision of services or the sale of products by third parties.

Vendor identification

For the purposes of these General Terms and Conditions of Sale, the vendor is FENDI North America, Inc., located at 555 Madison Avenue, 15th Floor, New York, New York, USA. The Customer should address any communication to FENDI by telephone, fax or e-mail using the following contact information:

Telephone Number:  +1 647-494-3707

 Email Address:  customercare@fendi.us
 

  1. Product orders

Orders may only be placed if the Customer is a resident of Canada and they must be placed directly by persons of legal age who are not under legal disability. By placing an order, the Customer represents and warrants that the Customer meets both of these requirements.

Orders may be placed via this Website, or from FENDI Customer Service, on Monday to Friday from 9A.M. EST to 10P.M. EST, Saturday 10A.M. EST to 6P.M., Sunday 1A.M. EST to 5P.M. excluding USA public holidays.

The Customer must provide FENDI with 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. Each online 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.

From time to time, FENDI may modify or remove, either temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed on or made available through the Website, or make changes to the applicable prices for any such product or services, or to the circumstances in which FENDI can modify and/or withdraw the products that FENDI may be selling through the Website.  FENDI also 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.

Further, FENDI reserves the right not to accept orders which are incomplete, incorrect or if products are unavailable. If FENDI exercises such right, FENDI will inform the Customer that FENDI has exercised such rights, providing the reasons for doing so. 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), a digital photograph allowing a sample representation of the products available on the Website, and the pricing information and associated costs detailed in article 2 below.

Although FENDI takes reasonable measures to help ensure the photographs on the Website 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 colour resolution, among other things. Consequently, except as required by law, FENDI will not be held responsible for any inaccuracies in the graphic representation of the FENDI products displayed on the Website. 

The Customer must click on the shopping cart icon to view the selected articles and total price of the articles ordered. The Customer shall pay prior to finalizing the order. 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.

  1. Product prices

Product prices include standard shipping costs, unless otherwise stipulated on the Website or on the order page. The price of each product is displayed for the Customer prior to completion of the order. Before the Customer finalizes his or her order, FENDI will itemize all associated costs on the order form with respect to the products purchased, including (i) shipping costs, (ii) applicable taxes, (iii) an estimate or description of customs duties and brokerage fees, and (iv) any possible additional charges payable to a third party of which it is aware and which can be reasonably estimated, if any. All prices are in Canadian dollars.

  1. Completing the order

The purchase procedure is complete once the Customer confirms the order. Upon confirmation, the order is sent directly to FENDI. The Customer may correct the order prior confirmation or can cancel the order before its completion by leaving the Website without having confirmed the order.

It expressly understood that the Customer's order is binding once the confirmation of successful completion of the order is sent by FENDI by e-mail, at the address indicated by the Customer during the order process. Such confirmation includes the number and date of purchase, the products ordered, the total purchase price as detailed in article 2, and a description of any right to return such products.

The Customer may access the order in the "Orders" section, which also includes a history of past orders.

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

  1. Conditions of payment

The Customer must make payment via one of the methods of payment indicated on the order form.

For payment via credit card, the amount will be debited from the Customer's credit card at the time the order is shipped.

For payment, the Customer must confirm on the 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. FENDI does not debit any amount from the credit card until the articles ordered have been shipped.

Without prejudice to the previous paragraph in this 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 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.

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 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.

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/ca/webapps/mpp/ua/useragreement-full).

  1. Delivery

Following order completion, the Customer can monitor delivery status of the order in the Orders part of the Fendi & Me section of the Website. The Customer can also contact FENDI Customer Service by telephone or e-mail to request information on delivery as set out in the Vendor Identification section above.

Without prejudice to the exception below, articles will be delivered only to the address indicated by the Customer in Canada. No deliveries will be made to post office boxes, army bases, courier collection points and/or general delivery addresses.

FENDI generally fills orders within a maximum of 30 days from the day the order has been confirmed, except where the order has been cancelled pursuant to article 4 above or as otherwise set forth herein.

The Customer has the following delivery options:

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    1. Standard shipping with courier delivery will be generally made within 4-6 business days from the date the Customer receives confirmation that the order has shipped;
    2. Express shipping Service (when available): with delivery generally within 2-3 business days from the date the Customer receives confirmation that the order has shipped.

The delivery terms are merely estimates. FENDI kindly invites its Customers to always verify the date on which the item will arrive, because the products are shipped with required signature. Furthermore, these estimated delivery times do not apply with respect to Pre-ordered and Personalized Products. Please see below for more details.

Standard shipping may not be available for selected areas. The additional costs of Express Service in option (ii) will be charged to the Customer.

All shipping costs, including additional costs listed in article 2 charged to the Customer are itemized in the order form at the time of purchase on the Website, and a summary shall be sent to the Customer by e-mail once the sale is completed.

The Customer acknowledges and agrees to the following:

FENDI is an approved CREDITS participant with the Canada Border Services Agency (CBSA).  By ordering goods from FENDI, the Customer hereby authorizes United Parcel Service Canada Ltd. (“UPS”), an approved customs broker on CREDITS, to act as his/her agent, and to transact business with the CBSA, to obtain release of his/her merchandise, account for duties and taxes, to return merchandise to FENDI, and electronically submit refund claims on his/her behalf.  Under the CREDITS program, he/she understands that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to UPS, and that he/she will obtain the refund directly from FENDI.  Further, the Customer also authorizes UPS to forward any refund issued by the CBSA in his/her name to FENDI so that they can be reimbursed.

Before the products have been actually shipped, the Customer may contact Customer Service should he/she wish to change the delivery date and FENDI will reasonably try to accommodate such request. 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.

The Customer is alone 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 in article 7 below.

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

  1. Conformity of the order

The Customer must check the products at the time of delivery, in order to ascertain that they match the articles ordered and have no manufacturer's or conformity defects.

Should the delivered product not conform to the order, the Customer has the right to have the products brought into conformity at no charge, through repair or replacement, unless the requested remedy is objectively impossible or excessively costly with respect to the other.

If product repairs or replacement are not performed within a reasonable amount of time following the Customer's request, or are impossible or excessively costly, the Customer may request an appropriate price reduction or a refund of the purchase price. It is understood that the Customer loses said right if he/she does not report the conformity defect to FENDI within two (2) months of the date at which the latent defect was discovered. 

If the order is returned and 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 via PayPal.

FENDI must be notified of any Customer request for one of the remedies listed above using the return form, which can be downloaded from the FENDI.com website or via a report sent by registered mail with notice of receipt to the following address: Fendi North America Inc., 555 Madison Avenue, New York, NY 10022, USA. In any case, the report must be first sent via e-mail to customercare@fendi.us.

The guarantee procedure above for conformity defects can only be applied for defective products purchased on the Website.

  1. Returns and Refunds

The Customer's right of return must be exercised as described below.

The right of return must be exercised by the Customer within 14 (fourteen) days of the date of delivery to the Customer or a third party on its behalf. To exercise the right of return, 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 follow the instructions published on the web site or contact Customer Service at +1 647-494-3707.

For the return to be accepted by FENDI, the products must be returned within 14 days of the date on which the Customer obtained a return code following the online procedure or by contacting Customer Service, in order to obtain a return code, and respecting the following conditions:

  • 1. The products must necessarily be accompanied by original signed copy of the Pro-forma Invoice made available by FENDI via website. Please note that such copy will be available for fresh ink signing by Customer also at pick up.
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  • 2. The products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.).
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  • 3. The products must be accompanied by the purchase receipt.
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  • 4. 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.
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  • 5. Labels and security tags must still be attached to the products.
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  • 6. 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.

FENDI reserves the exclusive right to refuse the return of products that have been damaged, are incomplete, deteriorated and/or soiled or in any condition clearly indicating that the products have been used. Similarly, FENDI will refuse any 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 return, the Customer will be refunded all payments made to FENDI for the returned product(s), according to the method of payment chosen for the purchase, including delivery costs (and excluding additional costs for Express shipping Service, described in article 5 above).

FENDI will refund these amounts upon acceptance after inspection by FENDI of the returned product. Refunds are credited to the Customer's current account linked to the credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.

  1. Product authenticity and intellectual property rights

FENDI guarantees the authenticity and quality of all the products sold on the Website in accordance with Website Terms of Use.

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, its affiliates or its licensors. 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.

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, its affiliates or its licensors, is also strictly forbidden.

  1. 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 inform the Customer of said unforeseeable events 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, as per article 7 hereof.

  1. Language

The Customer agrees and confirms his/her express wish that these General Terms and Conditions of Sale, as well as all other documents related to it, including notices and correspondence, be drawn up in the English language only.  L’acheteur confirme sa volonté expresse que ces Termes et conditions de vente, de même que tous les documents s’y rattachant, soient rédigés en langue anglaise seulement, y compris tout avis et toute correspondance.

 

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

For certain articles, FENDI also offers the following services:

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    1. Product personalization through embroidery/printing of initials (“Personalized 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 or modified by the following special conditions.

The capitalized terms used in these special conditions but not expressly defined here have the same meaning as in the General Terms and Conditions of Sale above.

  1. Orders and Payment

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

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    1. The Customer acknowledges and accepts that during the use of the personalization service, his/her 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 sent 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 greater certainty, the provisions of article 4 of the General Terms and Conditions of Sale apply to the debit of the price of the Personalized Products and/or Pre-ordered Products; [i.e. the credit card is debited when the product is shipped.

  1. Delivery of Pre-ordered Products and Personalized Products

Contrary to what is stipulated in article 5 of the General Terms and Conditions of Sale, Personalized Products and/or Pre-ordered Products may be delivered in a time slot indicated on the Website; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely estimates. 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 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.

  1. Returns and Exchanges of Pre-ordered Products and 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 an order for Personalized Products once placed. For greater certainty, article 7 of the General Terms and Conditions of Sale above is not applicable to sales of Personalized Products.

For greater certainty, Pre-ordered Products may be returned in compliance with article 7 of the General Terms and Conditions of Sale.

This return and exchange policy for Pre-ordered Products and Personalized Products is without prejudice to the FENDI’s obligations under article 6 of the General Terms and Conditions of Sale with respect to defective products which, for greater certainty, applies to Pre-ordered Products and Personalized Products.

[Last update May , 2016]