FURLA SPA ONLINE GENERAL CONDITIONS OF SALE

 

This web page (together with the documents referred to in it) set out the terms and conditions on which we supply the products (“Products”) listed on our website www.furla.com (“our site” or “Website”) to you (“you”, “Client” or “Clients”), through our Website .  Please read these online terms and conditions (“General Conditions of Sale”) carefully before you submit your online order via the Website to us.    

If you place an order for Products through the website or by using the  App, you agree (by clicking on the “I Accept” button on the order proposal form “Order Proposal”)  to be bound by these General Conditions of Sale. If you do not expressly accept these General Conditions of Sale, you will not be able to purchase Products through our Website. These General Conditions of Sale do not affect your statutory rights as a consumer.

 

General conditions of sale

1.              Information about us

1.1            The Website (www.furla.com) is  operated by FURLA S.p.A., a company incorporated in Italy, with its registered office at Via Bellaria 3/5, San Lazzaro di Savena (Bologna) 40068, Italy, VAT number 00610091209, Fiscal number and company registration number 03292800376, REA BO-278122, with a fully paid-up share capital of Euros 8,791,655.00 (“we” or “Furla”). 

2.              Purpose of these General Conditions of Sale

2.1            Subject to your statutory rights, these General Conditions of Sale are the terms and conditions under which Furla trades online with consumers and they apply to all sales of Products online.  

3.         Your Status

3.1       By placing an order through our Website, you confirm that:

(a)         You have legal capacity;  

(b)         You are at least 18 years old;

(c)         You are purchasing the Products as a consumer, namely for your own personal and non-business use; and

(d)         You are purchasing Products for delivery in the European Union (or the UK, if separate to the European Union).

3.2       Any personal data that we gather concerning you shall be used only in accordance with our “Privacy Policy” (a copy of which is accessible  here). Please read the Privacy Policy. By using the Website, you consent to the processing of your personal data and you confirm that all data provided by you is accurate and that if it changes, you will tell us promptly.

4.              The  Contract

4.1            The price, general description and Product code of each Product is displayed on our Website for information purposes and does not constitute an offer by Furla.  

4.2            All orders are subject to acceptance by us, and there is no acceptance of your order until we email you to accept it, at which point a contract will come into existence between you and us.

4.3            Before submitting an order through our site, it is a requirement that you read carefully all the instructions,any “ Relevant Documents”,“Policies” on the Website, these General Conditions of Sale including but not limited to the Privacy Policy and respond where appropriate. If you have any doubts or do not accept any of the conditions of using this website, please do not proceed to place an order on our Website.

4.4            If you have any queries, complaints or want to discuss any aspect of these General Conditions of Sale, you can contact us by telephoning our customer service team at 442036424849 or by writing to us.

4.5            In order to purchase Products, you need to be registered, or register, on the Website as a “user” or “guest”.  

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 proposal;  

(iii)    select the payment manner;

(iv)     accept the General Conditions of Sale; and

(v)      send the order proposal to Furla through our site.

After taking these steps, you will receive an email as confirmation of the contract between you and us and proof of purchase of the Products (“Order Confirmation”). In the event of a return of the Products as provided for in  clauses 9, 10 and 11 below, you will have to  provide Furla  with the Order Confirmation number and the email address used by you in  purchasing  the  Products and to which the  Order Confirmation was sent.   

4.6            The completed order proposal, once sent by you,  constitutes an offer by you  to purchase the selected Product(s) from us, governed by these General Conditions of Sale and binding on you  (without  prejudice to your   right to cancel  in clause 9). By sending the order proposal, you confirm your obligation to pay the price of the ordered Product(s) and any delivery or other charges as shown.

4.7            Any error/change in data entered by you  in the order proposal may be changed  by you, following the process described on the Website,  before you send the order proposal (by way of example: you  may change the quantity of Products that you  intend to purchase by adding or removing one or more Products from the  “Shopping Bag”).

4.8            Without prejudice to the use of data, its retention and your rights as described in our  Privacy Policy, the order proposal and your  data related to that order proposal may be kept by Furla for the period required or allowed by the applicable law. Furthermore, any contract with you will be archived by Furla for the retention period required or allowed by the applicable law. 

4.9            The Client acknowledges and agrees that Furla may cancel for cause the agreement with the Client, in case of

                    i.         the Products are not available (with no prejudice to the provision set out under clause 4.11, 5.2, 5.3); or

                   ii.         a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes;

                 iii.         the Client has not fulfilled his/her obligations deriving from a prior contract executed with Furla.

4.10         The contract will relate only to those Products whose dispatch or supply we have confirmed in the Order Confirmation. 

4.11         Without prejudice to clause 4.9, the contract between you and Furla is completed and effective only when you receive Furla’s acceptance of the order proposal (sent through the process set out on the Website) through the Order Confirmation and we receive full payment of the relevant price. 

4.12         Despite the Order Confirmation, in the event of unavailability of one or more of the ordered Products, you will receive an e-mail notifying you of the unavailability of the Products. If this happens, the order proposal will be cancelled or amended for those ordered Products which are available. In these circumstances, you shall only pay (or shall be charged in case of payment through a credit card) the price of the available Products and any delivery or other charges.

4.13         The Order Confirmation will confirm the purchased Products, the price and method  of payment, information on the conditions and rights  to exercise the right of withdrawal (including information on the exclusion of the right of withdrawal for personalised Products), information on delivery charges, the address to which complaints may be addressed, information on support services and a copy of these General Conditions of Sale.

4.14          The contract will relate only to Products whose dispatch we have confirmed in the Order Confirmation and we will not be obliged to supply any other Products which may have been part of your order until the order of such Products have been confirmed in a separate Order Confirmation, unless cancelled by either of us beforehand.

5.              Availability and product information

5.1            Information about the Products (along with the relevant Product codes) and their prices are available on the Website.  

5.2            The Products on the Website are a selection of items normally available to purchase in stores. Furla, however, does not guarantee the availability in the stores of the Products available through the Website. Furthermore, we do not guarantee that any of the Products shown on our Website will be in stock. Pictures of the Products displayed on our site are for illustrative purposes only and may not correspond to their actual appearance.

5.3            Furla reserves the right at any time to limit quantities and/or type of Products available through the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform you if the order cannot be processed due to the unavailability of the ordered Product. Furla is not liable towards you for unavailability of the Product (for whatever reason) prior to the formation of the contract.

5.4            The maximum number of pieces for each Product which can be requested by you in the order proposal is five pieces for SKU and twenty-five Products for each purchase order.   

5.5            If we fail to comply with these General Conditions of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these General Conditions of Sale or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these General Conditions of Sale, both we and you knew it might happen.  In any event, we will not be liable for any loss of data, loss of profit, loss of business, business interruption, or loss of business opportunity.

5.6            We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

5.7            If defective digital content that we have supplied through our Website  damages a device or digital content belonging to you, we will either repair the damage or pay you compensation to the extent required by applicable law. We will not be responsible or liable for any damage or loss caused by your failure to follow our instructions or comply with the rules and terms of the  Website.

5.8            We are not liable for business losses. The Website  is for personal and private use only. If you use it  for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

5.9            Subject to your statutory rights, under no circumstances shall Furla be liable for any errors due to a failure caused through your internet or web connection (or lack of it ) to the Website. Further, Furla will not accept any responsibility and will have no liability to you  under the following circumstances, regardless of the reason for the damage, the cause, the nature of the damage, or the results:

(a)     any damage caused by the suspension or stoppage of the operation of our site;

(b)     any damage resulting from a third party hacking our site, for example changing the information that it provides.

5.10     We reserve the right to refuse any order placed by you at our sole discretion.

6.              Transport and delivery

6.1            Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.  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. Products shall be delivered to the address confirmed by you in the order proposal. Furla will not deliver or arrange for delivery to:

(a)         PO boxes;

(b)        lodging facilities such as hotels or inns, public facilities, airports and ports;

(c)         entities or individuals which provide products forwarding services to overseas;

(d)        any other locations where Furla reasonably determines that the address of the customer is unknown; and

(e)         any other country outside the European Union.

6.2            If you so request, Furla can provide you with  an  invoice for the Products and  email it to you.  The invoice will be based upon the information provided by you at the time of the order. No alterations to the invoice are possible after it has been issued.

6.3            Delivery charges shall be borne by you and are set out separately on the Order Confirmation and in the Shopping Bag prior to the formation of the contract.

6.4            The purchased Product(s) shall be delivered by a courier service selected by Furla (hereinafter “Courier”). The purchased Products will be delivered on “business” days (i.e. not 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). Options for shipment are available at the following link: https://www.furla.com/gb/en/shipping-eu/

6.5            At the time of delivery of the Products by the Courier, you (or a named representative) are required to verify:

(a)         that the addressee indicated on the delivery note is correct; and

(b)         that the packaging and its seals are intact, undamaged, not wet or altered in any manner.

6.6            Any damage to the packaging and/or the Product(s), or discrepancies in the addressee references or documentation must be immediately noted in writing by you  on the Courier’s delivery note. Except to the extent permitted under the applicable law, once the Courier’s document has been signed by you (or your representative) and you have not noted nor raised an objection, you may not complain about the exterior condition of the parcel. You are entitled however to subsequently raise objections or complain in relation to any other features related to the Product(s) in accordance with the conditions set out  in  clause 10 below.

6.7            We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside of our control, then we (or the Courier) will contact you as soon as possible to let you know and steps will be taken to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products and any delivery charges paid for Products  and not received.  

7.              Shipping confirmation

7.1            We will send you a shipping confirmation via e-mail once the Products are dispatched ( “Shipping Confirmation”).

8.              Risk and title

8.1            The risk of loss of or damage to the Products shall pass to you when the Products are delivered to you   (or a third party nominated by you, other than the carrier). .

8.2            Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.

9.              Consumer rights

9.1            In addition to the rights granted under this clause 10 and your statutory rights as a consumer, you may cancel a contract for a full-price Product at any time within thirty calendar days and for a discounted Product within fourteen calendar days, beginning on the day after you received the relevant Products (the Cancellation Period).  If you cancel, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below). To cancel a contract, you must inform us in writing (as set out in clause 11.1 below) within the Cancellation Period.

9.2           Without prejudice to the rights set out in clause 10, the right of cancellation referred to  in clause 9.1 does not apply to orders for personalised Product, such as, for example (but not limited to), those with your  initials engraved on the Product.

9.3           These provisions do not affect any statutory rights that you may have.

10.            Lack of Conformity

10.1         We are under a legal obligation to supply Products that confirm to the contract. If a Product sold by Furla has manufacturing defects or the Products do not conform to the description provided or are not fit for purpose , you must contact Online Support by using the following link: https://www.furla.com/contact-us

10.2         There is set out below a summary of your key legal rights in relation to faulty Products. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

You have the right to have, free of charge, the Product repaired (or replaced) within the time limits provided by the applicable law, namely:

·       Up to 30 days: if the Products are faulty, then you can get an immediate refund;

·        Up to six months: if the Products cannot be repaired or replaced, then you are entitled to a full refund, in most cases;

·       Up to six years: if the Products do not last a reasonable length of time, you may be entitled to some money back.

Further, Furla, in the event that one of the above remedies is not acceptable to you, is prepared to give you an appropriate reduction in the price of the Products, or allow for the contract to be cancelled. The delivery costs incurred by you for returning the Product to us to be repaired or replaced under this clause shall be borne by Furla, as well as any reasonable costs related to the delivery to you of the repaired or replacement Product.

11.            Our refunds policy

11.1         If you would like to return a Product to us, please contact us using the form available at the following link: http://ecommercereturns.furla.com/#!/returns/

11.2         If you cancel the contract pursuant to clause 9 and return a Product to us in accordance with clause 11.1, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day we receive  the Products.   In this case, we will refund the price of the Product in full excluding the delivery costs of sending the item to you and the cost incurred by you in returning the item to us.

11.3         The refund policy provided in clause 11.2 shall not apply to Products referred to in clause 9.2 above.

11.4         If you return the Product pursuant to clause 11.1 above because you claim that the Product is defective according to clause 10, we will examine the returned Product and will notify you if a refund is due to you via e-mail within a reasonable period of time.  If we believe a refund is due, we will usually process it 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 reasonable delivery cost incurred by you in returning the item to us. The cost of sending the defective Product to you in first instance will be refunded to you only if that Product was not included in a multiple order.

11.5          Please note that for those circumstances described in clauses 11.2 and 11.4 above, you must also return the Products to us immediately, in the same condition in which you received them. You must take reasonable care of the Products while they are in your possession. We may be able to claim compensation from you and no refund will be granted if:

(a)         there is evidence that the Products have been used (wrinkles, damage, odours);

(b)         the Products were originally purchased in a store;

(c)         the Products do not have their attached tags;

(d)         part of the Products, or accessories, are missing;

(e)         packing materials are missing; and

(f)         the statement of delivery enclosed when sending the Products is not returned.

11.6         We will usually refund any money received from you by crediting the same credit or debit card used by you for the purchase of the Products. Where you make payment through Paypal account, the refund will be executed by Furla directly to  your Paypal account. Where it is not possible to refund the money as set out above, we will  refund  by way of bank transfer.

11.7         We may have to cancel an order before the Products are delivered due to an event outside of our control or the unavailability of stock. We will contact you if this happens. If we have to cancel an order as set out in this clause 11.7, any payment you have made for Products that have not been delivered to you, will be refunded to you.

12.            Price and payment

12.1         The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Our site seeks to display accurate Product information at all times.

12.2         The prices of the Products are set out on the Website in Euros or in your local currency and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are set out separately on the Shopping Bag.

12.3         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.

12.4         Our sitecontains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed 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, 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.

12.5         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 manifest and could have reasonably been recognised by you as a mis-pricing.

12.6         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 or by bank transfer or any other payment instrument available from time to time (for more details please check here). For credit card payments, the transaction shall abide by any separate contractual conditions between the Client and the credit card company.

12.7         Furla accepts payments made with the following credit cards: Visa, MasterCard, American Express, Paypal, Maestro, Diners, Discover, Sofort, Bancontact, Cartes Bancaires, Ideal, or any other credit card acceptable from time to time (for more details please check here).

12.8         The transactions will be debited from your payment card only after: 

(a)         the payment card data has been verified; 

(b)         the authorisation to debit the payment card has been received from the issuer of the card used by you; and 

(c)         the availability of the Product has been confirmed by Furla. 

12.9         You warrant that the details you provide to us for the purpose of ordering or purchasing Products are correct, that the credit or debit card account you are using is your own and that there are sufficient funds to cover the cost of the Products or services ordered.

12.10       In the case of a dispute occurring between you and the payment card issuer, lender etc. in regard to fees or any other obligations related to your payments, you and the concerned third party shall resolve the issue between yourselves.

12.11       No debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the payment card’s validity, if any. Once the order process is completed, the temporary charge will be cancelled and replaced by the amount payable by you. Further, where an order is cancelled, this temporary charge will also be cancelled.

12.12       In the event that, for any reason, it is impossible to debit the amount due by you within the time required by us, the contract will not be completed and the order will be cancelled.

13.            Written communications

13.1         Applicable laws require that some of the information or communications we send to you should be in writing.  When using the Website, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14.            Notices

14.1         All notices given by you to us must be given at: https://www.furla.com/contact-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.  Furla will reply to you as soon as possible using its reasonable efforts.  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.            Transfer of rights and obligations

15.1         The contract between you and us is binding on you and us and on our respective successors and 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.

16.            Events outside our control

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:

(a)         Strikes, lock-outs or other industrial action.

(b)         Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c)         Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d)         Interruption, failure or non-performance of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e)         Interruption, failure or non-performance of public or private telecommunications networks.

(f)         Any law or action taken by a government or public authority.

16.3         Our performance under any contract is deemed to be suspended and we shall not be in breach of these General Conditions of Sale or otherwise liable for any such failure or delay in the performance of such obligations for the period that the Force Majeure Event continues, and the time for performance of such obligations shall be extended accordingly. We will use our reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations under the contract or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

17.            Waiver

17.1         If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these General Conditions of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2         A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3         No waiver by us of any of these General Conditions of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses 13 and 14.

18.            Severability

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 survive and continue to be valid and remain in full force and effect and continue to be binding and enforceable to the fullest extent permitted by law.

19.            Entire agreement

19.1         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.

19.2         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.

19.3         Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these General Conditions of Sale.

20.            Our right to vary these General Conditions of Sale

20.1         We have the right to revise and amend these General Conditions of Sale from time to time to include but not limited 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 information or other systems. 

20.2         Your use of the Website and orders 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 seven working days of receipt by you of the Products).

21.            Copyright and Trademark

21.1         All rights pertaining to the content on the Website e (including but not limited to text, images, video, voices, programs etc.) belong to Furla. None of the articles, photos, illustrations or information on this site may be used without the prior permission of Furla.

21.2         All of the trademarks and service marks used on the Website belong to Furla,   or are used by us with permission or under licence. Their unauthorised use is not permitted.

22.            Links

22.1         When creating a link to our Website, 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 our Website.

23.            Law and jurisdiction

23.1         These General Conditions of Sale and, therefore, the contracts entered into with you  shall be governed by, and will be interpreted in accordance with, the law of England and Wales. 

23.2         Any disputes arising from the interpretation, validity and/or application  of these General Conditions of Sale  shall be subject to the  territorial jurisdiction of the competent court of your  place of residence or domicile. . 

23.3         Alternatively, you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr

N.B “Relevant Documents” and “Policies” are listed below:

1. Privacy Policy

2. Cookies Policy

3. FAQ