Furla Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE
SCOPE
1.1 These general terms and conditions of sale (the “General Terms”) govern and shall be applied to all sales agreements concerning Furla branded products (the “Products”) concluded through Furla e-commerce available at www.furla.com (the “Website”) between Furla S.p.A., with registered office at Via Bellaria 3/5, San Lazzaro di Savena (BO), 40068, VAT No. 00610091209, Tax Code and Company Registration No. 03292800376 (“Furla” or the “Company”) and the customer, identified as a consumer pursuant to the Australian 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 these General Terms. By making a purchase through the Website, the Customer accepts these General Terms and undertakes to comply with them. If the General Terms are not accepted, the Customer shall not be permitted to purchase any Products. The General Terms are freely downloadable and printable from the web page they are displayed on. Accordingly, the Customer is invited to print and save a copy of the General Terms for future consultation.
1.3 The General Terms 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.
1.4 For information on the processing by Furla of the Customer’s personal data, Furla’s privacy policy may be consulted by clicking here.
1.5 Furla can always be contacted at the following email address customercare@furla.com.
2. CUSTOMER REQUIREMENTS
2.1 The purchase of the Products through the Website is strictly reserved to individuals who:
(i) at the time of purchase are located within the territory of Australia (the “Territory”) or, although not located within the Territory, have chosen the Territory as delivery place of the Products purchased through the Website;
(ii) have legal capacity and have attained the age of 18 years in their country of residence; and
(iii) purchase the Products for personal use and not for business, entrepreneurial or professional purposes.
2.2 Furla reserves the right not to accept or process any order of Products placed through channels other than the Website or by an individual who does not meet the requirements indicated in the preceding paragraph.
3. PURCHASE AGREEMENT
3.1 The submission of a purchase order by Customer though Website functionality (the “Order”) constitutes acceptance of Furla’s offer to the public through its Website and therefore the receipt of the Order by Furla constitutes the execution of a binding purchase agreement for the Products selected by Customer, which shall be fully governed by these General Terms (the “Purchase Agreement”).
3.2 Before submitting any Order, the Customer must review it to verify that the selected Products and all the data provided are correct (for example, the Customer at this stage, can change the quantity of Products intended to be purchased by adding or deleting one or more of them from the Shopping Cart) and confirm the accuracy of the Order as well as take note of its obligation to pay the amounts due under the Order by checking the appropriate box.
3.3 Once an Order has been submitted, Furla will send the Customer an email confirming receipt of the Order (at the latest, within 3 days of receipt) with the number and details of the Order that has been placed (“Order Confirmation”). Subsequently, the Company will inform the Customer that the Order is being shipped (“Shipment Confirmation”).
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 Furla regarding the Order.
4. PRODUCT AVAILABILITY
4.1 The Customer may purchase a maximum of 5 (five) items per each Product and a maximum of 5 (five) different Products. Accordingly, each Order may contain a maximum of 25 (twenty-five) Products, subject to Furla stock availability. All information about the Product will be available on the Product page on the Website.
4.2 Furla constantly monitors and updates the stock availability of Products displayed on the Website, 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, even if it is indicated as available for a short period of time, may in fact be out of stock or no longer available.
4.3 If a Product becomes unavailable for whatever reason at any time, even after the Order Confirmation, Furla will contact the Customer using the contact details provided in the Order.
4.4 In the case of unavailability of the Products, the Order will be cancelled with respect to the Products which are not available, and Furla will reimburse the Customer for the Price of the unavailable Products and for any shipping costs incurred by the Customer only in case of cancellation of the Order in its entirety.
5. PURCHASING PROCEDURE
5.1 To purchase a Product through the Website, the Customer can create and/or access its own account via the reserved area on the Website, or, alternatively, 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 Purchase Agreement (including name, surname, billing and delivery address, email address and telephone number).
5.2 A description and the essential characteristics of Products, including details and composition, fit, colours and colours description (e.g., reflection and nuances), measurements and sizes (where applicable) and other information aimed at describing the Product together with Price, maximum number of Products that can be purchased, taxes, charges and shipping costs (where applicable), 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.
5.3 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. To the maximum extent permitted by law, Furla is not responsible for any inadequacy of the graphic representations of Products displayed on the Website if caused by the said technical limitations.
5.4 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.
5.5 To place an Order, the Customer selects the Product of interest displayed on the Website and places it in the virtual shopping cart (the “Shopping Cart”).
5.6 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 Terms. The promotional code – if valid – will be immediately applied to the amount displayed in the Shopping Cart and Checkout. The Customer will then be asked to select the payment method, indicate the billing address, select the unique shipping method and specify the shipping address, if different from the billing address.
6. PRICE AND PAYMENT METHOD
6.1 The price of the Products in Australian Dollars (AUD) and inclusive of GST (the “Price”) as indicated on the Website is net of shipping costs which will be added and specified separately at the check-out phase.
6.2 Furla reserves the right to change the Price at any time and without prior notice. It is understood that a change in the Price of a Product does not affect Orders already placed and accepted.
6.3 The payment methods for the Price and the shipping costs available to the Customer are:
(i) credit card (i.e. American Express, Diners Club, JCB, Maestro, Mastercard, Visa); and
(ii) Paypal, Apple Pay, Alipay, WeChat Pay, Klarna, Afterpay.
6.4 During the payment process, banks may require additional authentication of the payment (i.e. “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).
6.5 Should it be impossible for any reason to charge the amount due by the Customer, the purchase process will be automatically cancelled, and the Order will not be submitted to Furla. Following any failure to conclude the Purchase Agreement, Furla shall have no obligation to deliver any Product to the Customer and the Customer shall not be entitled to claim payment of any indemnity and/or damages.
6.6 The receipt concerning the purchase of Products will be available to the Customer and downloadable from the "My Order" Website section upon receipt of the Shipment Confirmation.
7. SHIPPING COST AND PRODUCTS DELIVERY
7.1 Products purchased will be delivered to the Customer to the delivery address indicated by the Customer in the Order.
7.2 Shipping costs shall be borne by Furla or by the Customer depending on the Order value. Shipping costs will entirely be supported by FURLA with regards to Orders whose value (Price) is equal or exceeding AUD 800.00 while for Orders whose value is less than AUD 800.00 Costumer will be required to pay a shipping fee of AUD 30.00.
7.3 Furla will use reasonable endeavours to ensure that Products delivery will take place within 6/7 working days from the receipt of the Shipment Confirmation.
7.4 It is expressly recognized and accepted that the delivery times indicated above are purely indicative and that Furla will not be liable for any late or delayed deliveries for reasons beyond its reasonable control. 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.
7.5 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 addressee’s details specified on the delivery receipt; and (ii) the integrity of the packaging and seals.
7.6 Furla reserves the right not to deliver Products to addresses in the Territory that Furla knows or reasonably assumes that correspond to: (i) post boxes; (ii) public or hotel facilities, airports and/or ports; (iii) individuals and/or entities providing shipping services outside the Territory. In this case, the Order will be cancelled and the Price and any shipping costs incurred shall be reimbursed to the Customer.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will be transferred to the Customer upon payment of the Price, while the risk of loss or damage of the Products shall be borne by Furla until the Products are delivered to Customer.
9. WARRANTY
9.1 Nothing in these General Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any right or remedy implied by the Australian Consumer Law (ACL) including the consumer guarantees, and which by law cannot be excluded, restricted or modified, even if another term of these General Terms could otherwise suggest that this might be the case.
9.2 Without limiting any rights you may have under applicable law, Products purchased through the Website are covered by Furla product liability (the “Warranty