TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS
General terms and conditions for the sale of Fendi products VIA THE FENDI.COM WEBSITE.
the company Fendi Italia S.r.l. (hereafter, “Fendi” or the “Vendor”) sells products covered by the “FENDI” trademark in Italy.
In order to meet its customers' needs and expectations, FENDI has decided to create a distance sales network for certain of its products via the FENDI.com website, in parallel with its network of direct and exclusive sales points. The list of “FENDI” products available for distance sale (via internet) is available on the FENDI.com website.
These General Terms and Conditions of Sale are applicable to all distance sales of FENDI products (i) via the FENDI.com website, including with telephone assistance provided by FENDI Customer Service. Distance sales, as regulated herein, were designed in compliance with national laws in force and European Directive on Consumer Rights (no. 2011/83 EU) as an active subject in this system.
The use of the distance sales service described herein is reserved solely for consumers. The term “Consumer” is to be understood as any physical person making purchases for purposes unrelated to their business, commercial, artisanal or professional activity. The resale, rental or transfer for commercial or professional reasons of products purchased on the Site is strictly forbidden.
FENDI may modify these General Terms and Conditions of Sale at any time. Therefore, 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.
These General Terms and Conditions of Sale are published on the Site for the Customer's knowledge, storage and reproduction.
It is understood that by placing an order on the FENDI.com website, the Customer fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale, which form an integral and substantial part of these recitals.
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.
Please consult the Privacy Information Notice for information on the processing of Customer personal data.
For the purposes of these General Terms and Conditions of Sale, the vendor is FENDI ITALIA s.r.l. single-member company, subsidiary of LVMH S.A. PARIS, with registered office in Rome, Palazzo della Civiltà, Quadrato della Concordia 3 , share capital fully paid up. Registered capital EURO 1 000 000.00 VAT no./tax code 03897971002 Economic and business register no. 712787 RM, tel.: +39 063 3450970, e-mail: email@example.com
- Product orders
Orders may be placed directly by persons of legal age who are not under legal disability.
Orders may be placed in English via the FENDI.com website, or from FENDI Customer Service, Monday to Friday, from 10am to 7pm CET, excluding public holidays.
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.
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.
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.
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.
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 colour resolution. Consequently, FENDI cannot be held responsible for any inaccuracies in the graphic representation of the FENDI products displayed on the site for the above technical reasons.
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.
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.
2. Product prices
Product prices include all taxes and duties, ordinary 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 euros and include VAT.
3. 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 or cancel the order before its completion by leaving the website without having confirmed the order.
Once the order has been sent, the Customer unconditionally agrees and undertakes to observe these General Terms and Conditions of Sale in his/her dealings with FENDI, as well as other information, including the General Terms and Conditions of Use and read the Privacy Information Notice , available on FENDI.com via links and which are always available for printing.
Therefore, before sending the order form to purchase products, the Customer must carefully read these General Terms and Conditions of Sale which include information on product returns. The Customer can print and save or reproduce this document for his/her personal use; moreover, the General Terms and Conditions of Sale are always available via the "My Orders" part of the website.
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.
In any case, FENDI reserves the right to 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.
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.
The Customer may access the order and these General Terms and Conditions of Sale in the "My Orders" section, which also includes a history of past orders and from which these documents can be printed.
The Customer may cancel the order by telephone to FENDI Customer Service only until ordered products have been prepared for shipment.
4. 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 being prepared for shipping.
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. This company is responsible for securely storing and automatically processing order data including credit card information.
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 authorisation at a cost of €1.00. This authorisation is not debit. FENDI does not debit any amount from the credit card until the articles ordered have been prepared for shipping.
If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically cancelled.
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/uk 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/uk/webapps/mpp/ua/useragreement-full).
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.
The Customer can contact FENDI Customer Service by telephone or e-mail to request information on delivery.
Without prejudice to the exceptions below, articles will be delivered only to the address indicated by the Customer in the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom
No shipping address (or delivery request) will be accepted outside the Territory.
The Customer may request delivery to the physical person of his/her choice, whose residence or domicile is within the Territory. No deliveries will be made to post office boxes, collection points or Poste Restante addresses.
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.
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 article 3 above.
The Customer has the following delivery options:
- Ordinary shipping with UPS: delivery will be made within 4-6 business days (depending on the country)
- Express Service: with delivery within 2-3 business days
- 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
The delivery terms are merely indicative.
Shipping costs for points i) and iii) are included in the sale price, while the additional costs of Express shipping in point ii) will be charged to the Customer.
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.
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.
The Customer is responsible for the loss or damage to the products ordered, for which FENDI is not responsible, beginning at the time at which the Customer or a third party designated by the Customer and different from the carrier takes material possession 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.
6. Pick Up in Store
FENDI offers its Customers the possibility of picking up distance-sale orders at certain of its 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 fendi.com.
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.
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 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 8 of these General Terms and Conditions of Sale can be followed.
7. 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. In addition to any specific guarantees provided to the Customer for the delivered product, legal guarantees under Italian law also apply to the sale of FENDI products.
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 from the Customer's request, or are impossible or excessively costly, or have caused the Customer significant damage, the Customer may demand an appropriate price reduction or termination of the contract. 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 defect was discovered. The direct action of claiming defects not maliciously hidden by FENDI expires, in any case, within 26 (twenty six) days from product delivery.
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.
FENDI must be notified of any Customer request for one of the remedies listed above using the return form, contacting the Customer Care or via a report sent by registered mail with notice of receipt to the following address: Fendi Italia S.r.l - E-commerce Dept. Via San Morese 55,50019 (FI). In any case, the report must be first sent via e-mail to firstname.lastname@example.org.
The guarantee procedure above for conformity defects can be applied only for defective products purchased on the Site.
8. Returns and Refunds – Withdrawal
The Customer's right of withdrawal must be exercised as described below.
The right of withdrawal must be exercised by the Customer within 14 (fourteen) days of the date of delivery to the Customer or a third party.
To exercise the right of withdrawal, the Customer must contact Customer Service or follow the online procedure and obtain a return code. Once the Customer has obtained a return code, he/she must contact UPS for pick up and attach the printed return label on the package.
For the return to be accepted by FENDI, the products must be returned within 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:
- The products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.).
- The products must be accompanied by the purchase receipt.
- 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.
- Labels and security tags must still be attached to the products.
- 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.
- Products from the following categories cannot be returned: perfumes and skincare (e.g. body creams, cleansers, etc.)
FENDI reserves the right to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.
FENDI also reserves the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. 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, include delivery costs (excluding additional costs for special deliveries described in article 5 above).
FENDI will refund these amounts upon receipt of the returned product or when the Customer proves that he/she has correctly sent the product to FENDI. Refunds are credited to the Customer's current account linked to the credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.
9. Limitation of liability
Excluding cases of wilful default or gross negligence, FENDI cannot be held liable to the Customer for indirect damage caused to him/her by the purchase of products offered for sale on the Site.
10. Product authenticity and intellectual property rights
FENDI guarantees the authenticity and quality of all the products sold on the Site.
The FENDI trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on FENDI products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of FENDI ADELE S.r.l., with registered office at Palazzo della Civiltà, Quadrato della Concordia 3, 00144. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of FENDI ADELE S.r.l.
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 ADELE S.r.l. is also strictly forbidden.
11. Force majeure
Performance of services by FENDI ITALIA S.r.l. may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.
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, as in article  hereof.
The Customer may always obtain information on how FENDI processes his/her personal data in our Privacy Information Notice .
13. Competent jurisdiction and applicable law
The competent jurisdiction for sales made on the fendi.com website is that of the Customer's place of residence or domicile. For dispute settlement, the mediation procedures established under legislative decree no. 28 of 4 March 2010 can be used. Out-of-court dispute settlement is also possible, including through the use of the RisolviOnline conciliation service provided by the Arbitration Panel of the Milan Chamber of Commerce.
Orders placed under these General Terms and Conditions of Sale are governed by Italian law, and in particular by the Civil Code, legislative decrees no. 206 of 6 September 2005, and no. 70 of 9 April 2003, excluding conflict laws and private international law. The Vienna Convention on the International Sale of Goods of 1980 does not apply.
In the event of a discrepancy between the General Terms and Conditions of Sale in Italian and in another language accepted by the Customer, the meaning and interpretation of the General Terms and Conditions of Sale in Italian shall prevail.
SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALISED AND/OR SPECIALLY PRODUCED PRODUCTS
For certain articles, FENDI also offers the following services:
- Product personalisation through embroidery/printing of initials (hereafter "Personalised Products); and
- 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:
- The special terms and conditions of sale indicated below, and
- 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:
- 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.
- 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 5 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 Personalised Products
Because of the clearly personalised nature of Personalised 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. Pre-ordered Products may be returned in compliance with article 8 of the General Terms and Conditions of Sale.
Consequently, articles 8 and 9 of the General Terms and Conditions of Sale above are not applicable to sales of Personalised Products.
This is without prejudice to the guarantees under article 7 of the General Terms and Conditions of Sale to the Customer's benefit.
[Last update 8 November 2016 ]