GENERAL CONDITIONS OF SALE
1.1 These general conditions of sale (the “General Conditions”) shall apply to all sales agreements concluded – by the methods described below – between San Lazzaro di Savena (BO), Via Bellaria 3/5, Company Number 03292800376 (“Furla” or the “Company”) and the customer, identified as a consumer pursuant to the applicable consumer legislation (the “Customer”).
Furla and the Customer are hereinafter jointly referred to as the “Parties” and individually as a “Party”.
1.2 The Customer is required to read carefully and accept these General Conditions (by the methods established for the Sales Channels used). By accepting the General Conditions, the Customer undertakes to comply with them. If the General Conditions are not accepted, the Customer shall not be permitted to purchase “Furla” branded products. Accordingly, the Customer will receive a copy of the General Condition through the Sales Channel used for purchasing Furla’s products or in the occasion of their pick-up.
1.3 The General Conditions do not govern the provision of services or the sale of products by entities other than Furla, even if available on the Website via links, banners or other hypertext links.
1.5 Furla can always be contacted at the following email address: email@example.com or at the following telephone number +4932214219750.
- Sales Channels
2.1 The General Conditions govern the methods by which the Company sells “Furla” branded products (the “Products”) through the following “Sales Channels”:
(i) e-commerce, available at www.furla.com (the “Website”);
(ii) the “shopping from home” sales service offered by certain Furla points of sale (‘full price’ and ‘off price’ – the "Points of Sale") through distance selling channels other than the Website (for example, via telephone, email, or instant messaging services such as WhatsApp), (“Shopping from Home”); and
(iii) distance sales channels other than the Website and Shopping from Home, if any, available at Points of Sale with the support of one of our operators.
2.2 The purchase of the Products through the Sales Channel is strictly reserved for persons who:
(i) at the time of purchase are located within the territory of Italy, Spain, Portugal, Austria, France, Germany, Poland, Czech Republic and United Kingdom (the “Territory”) or who, although not located within the territory, purchase Products for delivery within the Territory.
(ii) have legal capacity and have attained the age of majority in their country of residence; and
(iii) purchase the Products for personal use and not for business, entrepreneurial or professional purposes.
2.3 Furla shall not accept and/or process orders from channels other than the Sales Channels or from persons who do not meet the requirements indicated in the preceding paragraph.
- Conclusion of a purchase agreement
3.1 The issue of a purchase order by Customer (the “Order”) constitutes acceptance of Furla’s offer to the public through its Sales Channels, and therefore the receipt of the Order by the Company executes a binding purchase agreement for the Products selected by Customer, which shall be fully governed by these General Conditions (the “Agreement”).
3.2 Before confirming the Order, the Customer must review the recap to verify that the selected Products and all the data provided are correct (for example, the Customer may change the quantity of Products she/he intends to purchase by adding or deleting one or more of them from the “shopping cart”) and confirm the correctness of the Order and the acknowledge that the Order is associated with a payment obligation, by flagging the relevant thick-box.
3.3 Once an Order has been received, the Company will send the Customer an email confirming receipt of the Order (at least, within 5 days from the receipt) with the number and details of the Order that has been placed (“Order Confirmation”). Subsequently, the Company will confirm to the Customer that the Order is being shipped (“Shipment Confirmation”), with different timescales depending on the type of shipment selected by the Customer.
3.4 The Customer must keep the Order number indicated on the Order Confirmation to access the support service and for any other communication with the Company.
- Product availability
4.1 The Customer may purchase a maximum number of 5 (five) items per Product and a maximum number of 5 (five) different Products. Accordingly, each Order may contain a maximum of 25 (twenty-five) Products, subject to availability of stock. All the information related to the Product will be available in the Product’s page or, in general, in the Sales Channel choose by the Customer.
4.2 Furla constantly monitors and updates the stock availability of Products displayed on the Website or at the Points of Sale. However, since the Website may be visited by several Customers at the same time, it may be the case that several Customers intend to purchase or indeed purchase the same Product at the same time. In such cases, the Product may, for a short period of time, be indicated as available, but may in fact be out of stock or no longer available. If a Product becomes unavailable for the reasons indicated above, or in other cases of unavailability, Furla may (including after an Order Confirmation has been sent), contact the Customer using the contact details provided.
4.3 In the case described in art. 4.2 above, the Order will be cancelled, and the price shall be reimbursed to the Customer
- Purchasing Procedures
Purchase through the Website
5.1 In order to purchase a Product through the Website, the Customer can create and/or access their account via the reserved area on the Website, or place an Order as a guest, without creating an account. When making a “guest” purchase, the Customer must correctly fill out the fields of the relevant form on the Website, entering all the data required to execute the Agreement (name, surname, billing and delivery address, email address and telephone number).
5.2 A description and the essential characteristics of Products, including price, maximum products availability, taxes, duties and shipping costs (where applicable) details and composition, fit, colours and colour description (e.g. reflection and nuances), measures and sizes (where applicable) and other information aimed at describing the Product are presented on the Website and/or in the shopping cart within each Product specification, together with one or more photographic images in digital format. Although Furla makes every effort to ensure that photographs displayed on the Website are faithful reproductions of the original Products, the images and colours of Products offered for sale on the Website may not be a perfect representation of the real characteristics of the Product, due to the browser and/or other devices used to access the Website. Furla is not therefore responsible for any inadequacy of the graphic representations of Products displayed on the Website if caused the said technical limitations.
5.3 Furla reserves the right to remove any Product from the Website at any time and/or delete or modify any material or content on the Website. Furla therefore disclaims any liability to Customers or third parties for the removal of any Products from the Website.
5.4 To place an Order, the Customer selects the Products of interest displayed on the Website and places them in the virtual shopping cart (the “Shopping Cart”).
5.5 Before completing the purchase, the Customer must verify the accuracy of the contents of the Shopping Cart, enter any promotional code valid for the Website in the relevant section and accept the General Conditions. The promotional code – if valid – will be immediately applied to the amount displayed in the Shopping Cart. The Customer will then be asked to select the payment method among those indicated on the Website, indicate the billing address, select the desired shipping method and specify the shipping address, if different from the billing address.
Purchasing via Shopping from Home
5.7 The Customer then pays the price of the Products via “Pay by Link” (or PBL) service, using a link provided by the Staff, or by another method of payment selected from those available to the Customer.
5.8 A copy of these General Conditions, together with a summary of the conditions and methods of exercising the right of withdrawal, the address to which any complaints should be sent, and information on support services, will be provided in the Order Confirmation and, in any case, are always available here.
Purchase through other Sales Channels
5.9 CLICK FROM STORE: If, during a visit to a Point of Sale, the Customer wishes to purchase a product that is not available at that Point of Sale, the Customer may purchase the Product via the app available to Staff.
Furla will deliver the Products to the Customer by the methods indicated in Article 7 below.
5.10 CLICK & RESERVE: While browsing the online collection on the Website, Customers can select one or more Products and find the nearest Point of Sale where the Products are available. Using the “click & reserve” procedure, Customers can then book an appointment at a selected Point of Sale to view and/or try on the reserved Product. Furla will send Customer an appointment confirmation email with a reminder and summary of the confidential Product (“Booking Confirmation”).
The Customer can then visit the Point of Sale, present the Booking Confirmation, try the product and decide if purchase the Product or not.
It is understood between the Parties that a Product reserved through the “click & reserve” procedure will be reserved for a period of 48 (forty-eight) hours following the appointment made by Customer on the Website, then Furla is free to sell the Product to another Customer. Due to frequent changes in inventory at Points of Sale, Furla cannot not guarantee the availability of every Product, in this case, art. 4.2 and 4.3 above shall apply.
Price and payment method
5.11 The price of the Products (the “Price”) in Euro and in any applicable local currency, as indicated on the Website and/or indicated by Staff to the Customer, is inclusive of all applicable taxes and charges as well as “standard” shipping costs, unless otherwise indicated on the Website or directly indicated in the subtotal of the Shopping Cart. Any “express” shipping fees are quantified and indicated separately.
5.12 Furla reserves the right to change the Price at any time and without prior notice. It is understood that a changing in Price of a Product does not affect Order already completed.
5.13 The payment methods for the Price and any shipping costs available to the Customer are, depending on the Territory:
(i) credit card [American Express, Bancontact, Cartes Bancaire, Diners Club, Sofort, Discover, JCB, Maestro, Mastercard, Visa];
(ii) Paypal, Amazon Pay, Apple Pay, Alipay, WeChat Pay, Klarna
(iii) the “Pay by Link” (or PBL) service offered by a third-party supplier.
5.14 During the payment process, banks may require additional authentication of the payment (i.a. “Verified by Visa”, “MasterCard Secure Code”, AMEX SafeKey”). Under no circumstances may Furla be held liable for payment errors occurring with a third-party payment service as a result of the absence of a Customer connection, or for direct and/or indirect damage which, for any cause and/or reason, the Customer may suffer as a result and/or consequence of suspensions and/or interruptions in the functioning of the banking institution’s website (including cyber-attacks).
5.15 Should it be impossible for any reason to charge the amount due by the Customer, the purchase process is automatically cancelled, and the Order will not be sent to Furla. Following any failure to conclude the Agreement, Furla shall have no obligation to deliver to the Customer and the Customer shall not be entitled to claim payment of any indemnity and/or damages.
5.16 Any VAT exemptions and/or VAT rate reductions will only be applied if supported by adequate and complete documentation (for example, in order to benefit from a VAT exemption, diplomatic staff must provide a copy of a valid identity document and a declaration issued by the local government authority certifying their status of diplomat; for the purposes of VAT reimbursement, non-EU Customers must provide a copy of a valid identity document determining their place of residence outside the European Union). To this end, the Customer shall send the VAT claim to Furla, together with a copy of the said documents, within 3 (three) months of receipt of the Order Confirmation.
5.17 A tax receipt for the purchase shall be sent to the Customer by email. If requested by the Customer, Furla will issue an invoice based on details provided by the Customer. Once issued, the invoice will no longer be modifiable and will be sent to the Customer by email.
- Shipping and collection
6.1 Products purchased via the Website, Shopping from Home and the “Click from Store” will be delivered to the Customer by shipment to the delivery address indicated by the Customer in the Order.
6.2 Shipping costs and times depend on the type of shipment selected by the Customer during the purchasing process and indicated on the Order. In particular, the Customer may choose between:
(i) standard shipping: with delivery within 3/8 working days after Shipment Confirmation depending on the Territory of destination.
(ii) express shipping: within 1/2 working days after Shipment Confirmation, except for Italy (where only standard shipping is available) and Switzerland (where the delivery time is 5/8 working days).
Further information on costs and delivery times is available here.
6.3 Furla will not deliver Products to addresses in the Territory that correspond to: (i) post boxes; (ii) public or hotel facilities, airports and/or ports; (iii) natural persons and/or legal entities providing shipping services outside the Territory.
6.4 It is understood between the Parties that the delivery times indicated above (and, in any case during the completion of the Order) are purely indicative and that in all cases the delivery shall be made within 30 (thirty) calendars days of the conclusion of the Agreement (i.e. excluding local and national Saturdays, Sundays and public holidays). After receiving the Shipment Confirmation, the Customer will be able to monitor the shipment’s status from the reserved area on the Website and/or via the shipment tracking code provided in the Shipment Confirmation.
6.5 When the courier delivers the Products, the Customer (or her/his representative, or another person designated by the Customer) must verify: (i) the accuracy of the details addressee’s details on the delivery receipt; and (ii) the integrity of the packaging and seals.
6.6 It is understood between the Parties that orders consisting of several Products may be the subject of several shipments without charging any duty on the Customer.
6.7 CLICK & COLLECT: As an alternative to the shipment indicated in the preceding paragraphs, the Customer may collect the Product from a Point of Sale located in the Territory. To this end, during the purchase procedure, the Customer may select the nearest Point of Sale where the Product is available. The Customer may collect the Product personally from the selected Point of Sale as of the collection date indicated by the Company and producing the Order Confirmation.
It is understood that the Products will remain available for collection for a period of 7 days. At the end of this period, Furla reserves the right to consider the purchased Products as renounced, and as such once again available to Furla, which will refund the Price to the Customer.
Where the Customer has delegated another person to collect the Products, they will only be consigned to the delegated person upon presentation of a copy of the Order Confirmation, together with the mandate for collection signed by the Customer and a copy of the valid identity document of the person delegated to collect them.
Staff may refuse to deliver the Products if the Customer fails to comply with the collection procedure. The terms and conditions for return and replacement of Products set out in Article 11 below also apply to Products collected “in store”.
- Risk and ownership
7.1 Ownership of the Products will be transferred to the Customer only upon payment of the Price and shipping costs, while the risk of loss or damage of the Products shall be borne by Furla or the courier until the Products are delivered.
8.1 Products purchased through Sales Channels are covered by a legal warranty of conformity and for defective Product (the “Warranty”).
8.2 Without prejudice to the provisions of Article 5.2 above, Furla undertakes to deliver to the Customer Products that are in conformity with the Agreement. Where Products are defective and/or do not conform to the promised quality, the Customer must – within the term of the Warranty – notify Furla by completing the appropriate form (available here), of becoming aware of the situation. No notification is required if Furla has acknowledged in writing the existence of the defect or has not concealed it.
8.3 Unless proven otherwise, defects that become apparent within 24months of the date of delivery of the Product shall be presumed to have already existed on that date, unless such a presumption is incompatible with the nature of the goods or the defect.
8.4 The Warranty is valid for two (2) years as of the date of delivery of the Product.
8.5 If Furla ascertains that the Product is defective or non-compliant, the Customer shall be entitled to have the Product rendered compliant by requesting, free of charge, the repair or replacement of the Product, unless the remedy sought is objectively impossible or excessively onerous (considering the value of the goods and the extent of the defect). Furla will repair or replace the defective Product within a reasonable time.
8.6 Where repair or replacement of the Product is impossible or excessively onerous, the Customer may request a reasonable reduction in the Price or terminate the Agreement.
8.7 Furla shall bear the cost of returning defective and/or non-compliant Products for repair or replacement in accordance with this clause, and the cost of delivery of the repaired or replacement Product to Customer.
8.8 “Furla” branded watches are subject to special conformity warranty conditions, which can be consulted here.
- Force majeure
9.1 The parties shall not be liable for any failure or delay in the performance of any of its obligations under the Agreement and/or these General Conditions caused by events beyond its reasonable control, such as – but not limited to – strikes, lockouts or other industrial actions, civil insurrection, invasion, terrorist attack (including threatened attack), wars (whether declared or not) or threats of war, fire, explosion, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters, inability to use railways, maritime transport, aircraft, motor transport or other public or private means of transport, the impossibility of using public or private telecommunications networks, acts, decrees, rules, regulations or limitations imposed by governments and/or public authorities (“Force Majeure”).
9.2 In the event of Force Majeure, Furla’s fulfilment of the services may be suspended for the entire duration of the cause of Force Majeure. Furla undertakes to inform the Customer of the occurrence of an event of Force Majeure without undue delay and in all cases within 14 (fourteen) days of its occurrence. This provision applies without prejudice, in all cases, to the Customer’s right of withdrawal pursuant to Article 11 below.
- Right of withdrawal
10.1 The Customer may withdraw from the Agreement, without penalty and without giving any reason, within 30 (thirty) calendar days of the day of receipt of the Product. After this time, returns will no longer be accepted.
10.2 In order to exercise the right of withdrawal, within the said deadline, the Customer may complete the relevant withdrawal form (available here), indicating the order number and email address through which the purchase was made and the Product and/or Products to be returned. The Customer is always free to communicate the withdrawal to Furla by any other means, providing the information required by Furla to correctly process the request. The burden of proof for the exercise of the right of withdrawal in accordance with this Article rests with the Customer.
Furla will provide the Customer a confirmation about the exercise of the withdrawal to the contacts provided by the Customer, within 24 hours from the receipt of the request.
10.3 It is understood that the right of withdrawal may be exercised by the Customer only, and in no case by the recipient of a Product as a gift.
10.4 When exercising the right of withdrawal, the Customer may select the method of return most suited to his or her requirements, between:
(i) collection free of charge by a courier selected by Furla.
(ii) dispatch (paid by the Customer) by courier or another carrier selected by the Customer.
10.5 The Product must be returned without undue delay and in all cases within 14 (fourteen) days of the date the Customer informs Furla of its decision to withdraw from the Agreement. In the case indicated in Article 11.4(ii) above, the Customer shall bear only the direct cost of the return of the Product. Products must be returned in accordance with the following conditions:
(i) Products must be returned in their original labelling (including tags, nameplates, labels).
(ii) Products must not have been used, washed, or damaged.
(iii) the right of withdrawal applies to the Product in its entirety and not to individual parts thereof (e.g., buckles, laces, etc.);
(iv) the Customer is responsible for shipment, up to receipt by Furla.
10.6 Following the return of the Product and verification by Furla or parties appointed by Furla of its eligibility for return, Furla shall send the Customer an email confirming acceptance of the return (the “Return Confirmation”).
10.7 Following the Return Confirmation, Furla shall reimburse all payments received from the Customer, including any shipping charges, without undue delay and in all cases within 14 (fourteen) days of the day on which the Company is informed of the Customer’s decision to withdraw from the Agreement. The Customer shall therefore receive the full return of the Price and any express shipping costs by the same method used to make the payment. The timescale may vary according to the payment method and the banking circuit used.
10.8 It is understood that the right of withdrawal also applies to Products purchased during sales or other promotional periods. However, the right of withdrawal is excluded for custom made or personalised Products, including those personalised after purchase.
- Intellectual property
11.1 Furla guarantees the authenticity and high quality of all the Products offered for sale through the Sales Channels. All intellectual property rights (purely by way of example, the “Furla” trademarks, both denominative and figurative) on or relating to the Products, accessories, and packaging are and shall remain the exclusive property of Furla and/or Furla group companies.
11.2 The Customer shall not acquire any rights to Furla’s intellectual property by reason and effect of the Agreement and/or these General Conditions. The total or partial reproduction, modification, alteration, or any other use of Furla’s intellectual property rights without Furla’s prior written consent is strictly forbidden.
- Protection of personal data
13.1 For any need or requirement, Customer may contact Furla customer service (“Customer Service”) by contacting Staff at the following telephone number +4932214219750 or through the “livechat” available on the Website, Monday to Saturday, from 9 am to 18 pm (Central European Time CET). The Company may be contacted at any time by email, by completing the relevant form available here or by writing to firstname.lastname@example.org. The FAQ section of the Website can be consulted for immediate responses to frequently asked questions on Furla Sales Channels and the online shopping experience.
13.2 Furla undertakes to respond as soon as possible to Customer requests, using the Customer’s chosen contact channel or other means of contact specified by Customer in the Order. It is understood that Customer communications sent to other addresses, including, but not limited to, those used for Shopping from Home, shall be deemed not to have been properly received and shall not be considered.
- Amendments and updates
14.1 Furla reserves the right to periodically review and amend these General Conditions to reflect changes in market conditions that affect its business, technological changes, changes in payment methods, changes in relevant regulations and legal requirements, and changes in its system capabilities.
14.2 Each Agreement is understood as governed by the General Conditions in force at the time of execution of the Agreement. Any changes or updates shall be duly published on the Website and/or communicated to the Customer and shall be effective immediately from the date of publication and/or communication.
14.3 Any changes or updates shall not affect the Agreement already in force between the parties prior to the amendment.
15.1 Failure to exercise or delay in exercising any right provided for in the Agreement and/or these General Conditions shall not constitute a waiver of that right.
15.2 If any provision of these General Conditions is deemed to be invalid, ineffective or unenforceable for any reason, the said provision shall be considered to be separate from these General Conditions and the remaining provisions set out herein shall be fully valid and effective and shall not be affected by the invalid, ineffective or unenforceable provision.
15.3 The Agreement is binding on both Parties and their respective successors and assigns. Each Party may transfer the Agreement with 30 days’ written notice to the other Party.
15.4 The Parties acknowledge that by entering into a contract, none of them has relied on any statement, undertaking or promise made by the other party or implied in anything said or written in negotiations between them prior to such contract, except as expressly stated in these General Conditions.
- Applicable law and jurisdiction
16.1 These General Conditions and the Agreement shall be governed by and interpreted in accordance with Italian law and any local overriding mandatory provisions
16.2 Any disputes related to these General Conditions and/or the Agreement shall be subject to the mandatory territorial jurisdiction of the competent court in the Customer’s place of residence or domicile.
16.3 Customers residing in a Member State of the European Union have the option to use the platform established by the European Commission for the resolution of disputes arising from distance selling contracts (the “ODR Platform”). The Customer and the Company may resolve disputes related to purchases under these General Conditions through the ODR Platform with the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
General Conditions updated on September 6, 2022