This page (together with the documents referred to on it) tells you the terms and conditions on which we sell any of the products (“Products”) listed on our mobile application (“our app” or “Mobile App”) to you. Please read these terms and conditions (“General Conditions of Sale”) carefully before ordering any Products from our app. You should understand that by ordering any of our Products, you agree to be bound by these General Conditions of Sale.
These General Conditions of Sale in the version as current at the time of your order apply to all sales of Products through our app.
You should print a copy of these General Conditions of Sale for future reference.
Please click on the button marked "I Accept" at the end of the purchasing form conditions if you accept them. Please understand that if you refuse to accept these General Conditions of Sale, you will not be able to order any Products from our app (once you will accept the following General Conditions of Sale, you will be defined hereinafter also as “Clients” or “Client”).
1.1 FURLA S.p.A. with registered office at Via Bellaria 3/5 San Lazzaro di Savena (BO) 40068, Italy – VAT number 00610091209, Fiscal number 03292800376, REA BO – 278122, € 8.791.655,00 of share capital, fully paid-in (we or FURLA) provide features and services to you when you visit or shop through the Mobile App.
2.1 Our app is only intended for use by people who are either resident in Austria (“Territory”) or are purchasing Products to be delivered in or to the Territory. We do not accept orders for deliveries to any other countries outside the Territory.
3.1 By placing an order through our app, you warrant that:
4.1 The price and essential characteristics of each Product (along with the relevant Product codes) are displayed on our app. The information displayed on our app does not represent an offer by Furla.
4.3 In order to issue a purchase order you need to register on the Mobile App as user.
4.4 To purchase a Product, you must (i) include the selected Product in the ”Shopping Bag” by clicking on the relevant button, (ii) fill in the order form, (iii) select the payment manner, (iv) accept the General Conditions of Sale and (v) send the order proposal to Furla through our app.
4.5 Completion of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions of Sale and binding for you with no prejudice to the withdrawal right under clause 9. When sending of the order, you confirm your obligation to pay the price of the ordered Product(s).
4.6 Any error/change in data entered by you in the order form may be validated by you, following the process described on our app, before completing the order (by way of example: you may change the quantity of Products that intend to purchase by adding or removing one or more Products from its ”Shopping Bag”).
4.8 An order may be refused by Furla as soon as possible and in any case before providing Order Confirmation in case of
4.9 The contract will relate only to those Products whose dispatch or supply we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order unless such Products have been confirmed in a separate Order Confirmation.
4.10 The contract between you and Furla is concluded upon receipt by you of the acceptance by Furla of the order proposal sent through the process set out on our app. The acceptance (or the refusal) by Furla shall be sent to you via e-mail at the address provided by you in the order proposal (“Order Confirmation”). The contract between us will only be formed when we send you the Order Confirmation.
4.11 In case of permanent unavailability of one or more of the ordered Products, you will receive an e-mail duly informing you about the permanent unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, you shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
4.12 In accordance with the provisions of [the Austrian FAGG], the Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and modalities of payment, information on the conditions and methods to exercise the right of withdrawal, information on delivery charges, the address to which complaints may be addressed, information on support services and on existing commercial terms and a copy of these General Conditions of Sale.
5.1 The Products available on our app are a selection of items normally available in stores; however Furla does not provide any warranty relating to the availability in the stores of the Products available in the Mobile App. There might be minor deviations from the pictures of the Products displayed on our app to their actual appearance; the Client shall therefore also consider the description of the Product and their characteristics as mentioned in our app.
5.2 Furla reserves the right at any time to limit quantities and/or type of Products available in the Mobile App. The style, models and colors of the Products described on our app may be changed without notice. During the purchasing process, an automatic response will inform you if the order cannot be processed due to the permanent unavailability of the ordered Product; Furla is not liable towards you in case of permanent unavailability of the Product prior to the conclusion of the contract.
5.3 Furla shall not be liable for errors occurred due to failure of the Client’s connection to the Mobile App. Furthermore, Furla will not take any responsibility with regard to the Client under the following circumstances, regardless of the reason for the damages, the cause, the nature of the damages, or the results, unless caused with gross negligence or intent by Furla:
5.4 The maximum number of pieces for each Products included by the Client in the order proposal is five pieces for of the same product and twenty-five pieces for each purchase order.
6.1 Your order will be fulfilled by the delivery time set out in the Order Confirmation. The delivery date will be arranged by us in accordance with our operators in the area of the delivery and will vary based on the delivery address, type of Products and other relevant factors.
6.2 Products shall be delivered to the address indicated by you in the order proposal. Your signature (or of a nominated representative) will be required at the time of delivery. Furla shall not deliver to:
6.3 For each order, upon Client’s request, Furla could invoice the price of Products by email to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order (e.g. Client’s fiscal code or VAT number). No alterations to the invoice are possible after the invoice has been issued.
6.4 Delivery charges shall be borne by the Client and are indicated separately on the Order Confirmation.
6.5 The purchased Product shall be delivered by a courier service selected by Furla (hereinafter “Courier”); the purchased Products will be delivered on working days (thus excluding Saturdays, Sundays and local or national holidays) within 5-6 working days from Shipping Confirmation (except that a force majeure event or unforeseeable circumstance occurs).
6.6 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to verify:
6.7 Any damages to the packaging and/or the Product(s), or discrepancies in the addressee references or documentation should be indicated in writing to the Courier’s delivery note.
7.1 Furla shall send you a shipping confirmation via e-mail once the Products are dispatched (hereinafter “Shipping Confirmation”).
8.1 The risk of loss of or damage to the Products shall pass to you when you (or a third party indicated by you and other than the carrier) have acquired the physical possession of the Product.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9.1 You have the right to withdraw from a contract for a Product at any time without giving any reason within respectively: a) fourteen calendar days as from the day after you received the relevant discounted Products and b) thirty calendar for Products other than the ones described in point a) (the Withdrawal Period). To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (using the following form: https://www.furla.com/at/de/contact-us/online/). You may use the attached model of withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the Withdrawal Period has expired.
9.2 In case you withdraw from a contract, we shall reimburse to you all payments received from you, including the costs of delivery (with exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from a contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is earlier. You shall send back the Products or hand them over to us, without undue delay and in any event within fourteen days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the Products before the period of fourteen days has expired. You will have to bear the direct costs of returning the Products. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the Products
9.3 Without prejudice to right granted in clause 10, the right of withdrawal provided in clause 9.1 does not apply to orders for personalised Products, such as, for example, those with the Client’s initials engraved on the Product.
10.1 If a Product sold by Furla has manufacturing defects or in any case of alleged lack of conformity of Products sold by Furla, we ask you to contact Online Support by using the form https://www.furla.com/at/en/contact-us/online/
10.2 The legal warranty established by Sec 922 et sqq ABGB, apply to the sale of the Products. Under these Articles, you have the right to have, free of charge, the right to get the Product repaired or replaced within the limits provided by the law, or, in case of failure of one of the remedies above, to have an appropriate reduction in the price of the Products, or the contract cancelled. The limitation period of warranty claims for the delivered Products is two years beginning with the receipt of the Products. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.
10.3 In case of justified warranty claims the delivery costs for returning the Product to be repaired or replaced under this clause, shall be borne by Furla, as well as any costs related to the delivery to you of the repaired or replacing Product.
11.1 If you would like to return a Product to us, please contact us using the following form: https://www.furla.com/at/de/returns/
11.2 When you return a Product to us according to paragraph 11.1 above, for instance, because you claim that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail without undue delay. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. The cost of sending the item to you in first instance, will be refunded to you only in case such Product was not included in a multiple order.
11.3 It should be understood that in the cases described in clause 11.2 above, you must also return any related Products to us, in the same condition in which you received them.
11.4 We will refund any money received from you using the same means of payment as you used for the initial transaction (e.g. by deposit on the same credit card used by you for the purpose of purchasing Products; in case of payment made through Paypal account, the refund will be executed by Furla directly on Paypal account of the Client), unless you have expressly agreed otherwise. In case it is not possible to refund the money as per the previous paragraph, the refund will be executed by Furla by bank transfer.
11.5 It being understood that you must also return any related Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
12.1 The price of any Products will be as quoted on our app from time to time, except in cases of obvious error.
12.2 The prices of the Products are indicated on the Mobile App in Euros and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the Shopping Bag.
12.3 In the event that you are entitled to an exemption from VAT or to pay a lower rate of Value Added Tax (e.g. diplomats and non-EU Clients) we will provide you with a reduction in the VAT or with VAT exemption only after you have sent us and we have received all the necessary and appropriate documentation in order to enable us to properly process that reduction or exemption, listed as follows:
For Diplomatic Tax Exemption:
To duly process Tax Refund application, You shall send to us copy of the abovementioned to the following email address: firstname.lastname@example.org
For Foreign Client (non-EU Clients) Tax Refund:
To duly process Tax Refund application, You shall send to us copy of the abovementioned documents (for foreign Client within and not later than 3 months from the issuance of the purchase order) to the following email address: email@example.com
12.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
12.5 Our app contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our app may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product. If a Product’s correct price is higher than the price stated on our app, we will normally, at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection.
12.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
12.7 Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by the Client by credit card, PayPal. For credit card payments, the transaction shall abide by any separate contractual conditions between the Client and the credit card company.
12.8 Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by credit card or PayPal.
12.9 Furla accepts payments made with the following credit cards: Visa; MasterCard; American Express.
12.10 The transactions will be debited from your credit card only after:
12.11 In the case of a dispute occurring between the Client and the credit card company, lender etc. in regard to fees or any other obligations related to the Client’s payments to our app, the Client and the concerned third party shall resolve the issue between themselves.
12.12 No debit shall be made at the moment of transmission of the order, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once Furla has accepted the order, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be cancelled as well.
12.13 In the event that, for any reason, it is impossible to debit the amount due by the Client within the due deadline (see clause above 12.11), the contract will not be executed and the order will be cancelled.
13.1 When using our app, communication will be mainly electronic, except where there is another form statutorily required. We will contact you by e-mail or provide you with information by posting notices on our Mobile App.
14.1 We kindly ask you to use the following form, to communicate with us:
14.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our Mobile App, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1 The contract between you and us shall inure to the benefit of, and shall be binding upon, you and us and the permitted successors and permitted assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract, to any other entity forming part of Furla group.
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these General Conditions of Sale or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18.1 These General Conditions of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these General Conditions of Sale.
19.1 We have the right to revise and amend these General Conditions of Sale from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities to the extent necessary and provided you are not disadvantaged by this against good faith or unreasonably.
19.2 You will be subject to the policies and General Conditions of Sale in force at the time that you order products from us, unless any change to those policies or these General Conditions of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these General Conditions of Sale before we send you the shipping confirmation (in which case we have the right to assume that you have accepted the change to the General Conditions of Sale, unless you notify us to the contrary within six weeks after receiving our notification).
20.1 All rights pertaining to the content on our app (text, images, video, voices, programs etc.) belong to Furla S.p.A. with registered office in Via Bellaria 3/5 San Lazzaro di Savena (BO) 40068, Italy, VAT n. 00610091209, fiscal code and number of registration to the company register of Bologna 03292800376, REA BO – 278122, € 8.791.655,00 of share capital, fully paid-in. None of the articles, photos, illustrations etc. on our app may be used without the prior permission of Furla S.p.A.
20.2 All of the trademarks and service marks used on our app belong to Furla S.p.A. or are used based in official rights such as being licensed. Their unauthorized use is not permitted.
21.1 When creating a link to our app, we may decline the link depending on the content of the website being linked from and the method of that link. Furthermore, Furla in no way guarantees the content of any sites to which it is linked and bears no responsibility at all for any damages incurred by a site that is linked to.
22.1 These General Conditions and, therefore, the contracts executed with the Clients, are governed by and must be interpreted in accordance with Austrian laws. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
22.2 Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Client.
22.3 Although Furla is not obliged to participate in the proceedings, the Client may decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr respectively https://www.verbraucherschlichtung.at/ .
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