TERMS AND CONDITIONS OF USE
Last Updated: February 2021
Purposes and Functions of the Website
We use the Website to promote and provide information on Fendi's products, collections and initiatives and to help you to gather information on Fendi, for example regarding where to find shops in which you can purchase our products. Specific sections in our Website, including the FENDI&ME section, may contain and make available additional functionalities. For example, users may be required to register and/or open a personal account by providing their data in order to be granted access to reserved areas and contents, inserted in specific mailing lists and/or receive newsletters relating to Fendi's products and initiatives, participate in marketing initiatives promoted by Fendi, create customized lists of favorite Fendi products and purchase Fendi products online, if applicable, as well as for further purposes. Where opportune, such sections of the Website will be regulated by specific terms and conditions of use, duly made available to users. You should review such specific terms and conditions of use, if any, on the occasion of your access to specific sections of our Website.
Registration and Personal Account
Processing of your Personal Data by Fendi
Although Fendi takes reasonable efforts to ensure that the information available on the Website is accurate and updated, Fendi does not make any representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website, including for example product descriptions, indications on prices and/or availability thereof on the Website. The circumstance that certain products or services are included on the Website does not imply any representation or warranty that these products or services will be available through the Website if you wish to purchase such and/or use the same at any particular time. We have made every effort to display as accurately as possible the appearance, and particularly the colors, of our products included on the Website. However, the actual color you see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors. From time to time, we 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 we can modify and/or withdraw the products that we may be selling through the Website, without any prior notice to you.
Your Use of the Website and Fendi’s Content
You hereby acknowledge and agree that you may not and may not permit, assist or allow any third party to:
- copy, reproduce, publish, transmit, distribute, upload, post, publicly display, perform, encode, translate, modify or create derivative works from, sell, rent, lease, loan, license or otherwise distribute this Website or any Fendi’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site;
- access or use this Website or any Fendi’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means;
- use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Fendi’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Fendi’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
- access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any Fendi’s server to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
- probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;
- breach, or attempt to breach, the protection, security or authentication measures on the Website;
- disseminate on the Website any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;
- take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website; and
- use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
- transmit through the Website any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make; or
You are granted a limited, non-exclusive right to create text hyperlinks to the Website for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Website does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Fendi’s Content from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Fendi’s Content, but not caches or archives of such Fendi’s Content. We may revoke these permissions at any time.
You are responsible for any information, document, feedback, comment, suggestion, idea, data, text, reviews, posts, images, videos or other materials or content that you submit to the Website or to Fendi with reference to this Website or to the use of this Website or any part or section thereof (“User’s Content”). You agree, represent and warrant that any User Content you post on the Website or transmit through the Website is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through the Website any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. Any User Content shall be deemed non-confidential and non-proprietary. By sending any User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. We reserve the right to use such User Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. Fendi shall have the unlimited right to use any ideas, concepts, know-how, or techniques received by Fendi as User’ Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realized the relevant User Content being entitled to receive any compensation.
Third Party Content
The Website may contain, use or display content created by third parties, information obtained from public sources and/or links to external web sites or webpages operated by third parties ("Third Party Content"). Fendi does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities that may damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by Fendi of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and Fendi will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content, including liability under the Communications Decency Act, 47 U.S.C. §230. In case you access, in any form or manner, and for any purpose, such Third Party Content, Fendi invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Interactive Chat and Chatbots
The Website uses HERO® to offer personal shopping through Chats, SMS, and video calls. Fendi is not responsible or liable for the accuracy, security or reliability of any information provided by a HERO® Chatbot or HERO® live representative and cannot and does not guarantee the availability of the HERO® system. We cannot and do not guarantee that the HERO® application, system, or software will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. We encourage you to review HERO’s® Terms and Conditions.
Consent to Communication
Other types of agreements and policies that you may be subject to include, but are not limited to:
- Privacy policies
- Employment agreements
- Terms and conditions of sale
- Return policies
Other policies and agreements are typically found by navigating the Website, typically by checking Website headers and footers and by reviewing hyperlinked terms at the point of sale. The Terms and Conditions of Sale are hereby incorporated by reference and made a part hereof.
Should we employ you, none of the materials provided on the Website constitute or should be considered part or of an employment contract.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such websites.
Warranty and Disclaimer
You hereby acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content. Fendi takes all measures necessary to reduce, as reasonably possible, the risk that the Website and Fendi’s Content contain any viruses and defects. However, Fendi cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, "Equipment") will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Content. You are responsible for procuring the technological, computer and telecommunications means, as well as acquiring the knowledge, necessary to access and use the Website and Fendi’s Content and for the related costs and expenses. Fendi does not warrant that the Website or any Fendi’s Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and the Content are delivered on an “as is” and “as available” basis. In addition, Fendi disclaims all warranties AND CONDITIONS, express or implied, including but not limited to any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose.
Limitation of Liability
The products referred to on the Website may only be available in the territory to which that Website is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY WEBSITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT WEBSITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE WEBSITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THAT IN WHICH THE WEBSITE IS OFFERED. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to Italian export controls and are responsible for any violations of such controls, including without limitation any Italian embargoes or other rules and regulations restricting exports.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Fendi Americas, 555 Madison, 15th Floor, New York, NY 10022. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fendi may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
New Jersey Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we 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 us 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 our obligations.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Canadian Copyright Act: We are committed to complying with Canadian copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by Canadian copyright law. Owners of copyrighted works who believe that their rights under Canadian copyright law have been infringed may take advantage of certain provisions of the Canadian Copyright Act (the “CCA”) to report alleged infringements. It is our policy in accordance with the CCA and other applicable laws to reserve the right to terminate the service provided to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe in our sole discretion is infringing these rights. Any user who feels that a posted message is objectionable or infringing may send us a notice. Upon our receipt of a proper notice of claimed infringement under the CCA, we will seek to respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the CCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The Company-designated agent (i.e., proper party) to whom you should address such notice is: [INSERT ADDRESS].
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to [INSERT ADDRESS]. You may also contact us by writing to [INSERT ADDRESS].