Terms-and-Conditions

FURLA TERMS AND CONDITIONS

Terms and Conditions in Bulgarian Language

This page together with the documents referred below informs you of the terms and conditions (‘the General Conditions of Sale’), according to which we supply any of the products listed on our website ( ‘the Products’) - www.furla.com (‘Our website’ or ‘the Website’). Please read these carefully before ordering any Products from our website. You may also retain or print a copy of the General Conditions of Sale for future reference.

You should understand that upon registering and/or ordering any of our Products, you shall be asked to provide your agreement to be bound by the General Conditions of Sale. Click on the ‘I Accept’ button at the end of the purchasing form conditions to accept them.

Please understand that if you refuse to accept the General Conditions of Sale you will not be able to order any Products from our website.

Visitors of our website who have accepted the General Conditions of Sale are referred below as ‘the Clients’, ‘the Client’ or ‘You’.

General conditions of sale

1. Information about us

1.1 www.furla.com/bg is a website operated by FURLA S.p.A. with 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 fully paid-up share capital of Euro 8.791.655,00 (‘We’ or ‘Furla’).

2. Service availability

2.1 These General Conditions of Sale apply to all sales of Products through the website www.furla.com.

3. Your status

3.1 Upon agreeing with the General Conditions of Sale you guarantee that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old;

(d) You are purchasing Products for delivery in the European Union.

3.2 Any personal data that we collect about you shall only be processed in accordance to these General Conditions of Sale and our Privacy Policy located here: https://www.furla.com/bg/en/eshop/customer-service/privacy-policy/?force=true

3.3 Any information stored or accessed on your device shall only be processed in accordance to these General Conditions of Sale and our Cookie Policy located here: https://www.furla.com/bg/en/privacy-eu/?force=true

4. Execution of the contract

4.1 The price and essential characteristics of each Product (alongside the relevant Product codes) are displayed on our website. The information displayed on our website does not represent an offer by Furla.

4.2 Before submitting an order through our website you shall read carefully the instructions provided with regards to the purchase procedure, the conditions under which you can exercise your legal right of withdrawal, the delivery charges and the Privacy Policy statement, alongside the General Conditions of Sale.

4.3 In order to submit a purchase order you need to register on our website as a guest or as a normal user.

4.4 In order to purchase a Product on Our website, you ought to:

(i) add the selected Product to your ‘Shopping Bag’,

(ii) complete your order proposal by filling the desired quantity,

(iii) select your preferred payment method (please find more information regarding the accepted payment methods in section 12 below),

(iv) accept the General Conditions of Sale, and

(v) submit the order proposal to Furla through our website.

After completion of the purchase procedure described above you will receive a transactional email at the email address you provided as proof of purchase of the Products (‘Order Confirmation’).

Please note that in case of return of the Products as per clauses 9, 10 and 11 below, you will be required to provide Furla with the number of the Order Confirmation and the email address you used to effect the purchase of Products.

4.5 Sending of the order proposal shall constitute an offer by the Client to purchase the selected Product(s) under the General Conditions of Sale and as such it shall be legally binding to him without prejudice to the right of withdrawal under clause 9. By sending the order proposal you undertake to pay the price of the ordered Product(s).

4.6 Any error/change in data entered by the Client in the order proposal may be validated by the latter following the process described on our website before sending the order proposal (for example you may change the quantity of Products you intend to purchase by adding or removing one or more Products from your ‘Shopping Bag’).

4.7 The order proposal and the related personal data of the Client shall be retained by Furla on grounds of our legitimate interest including for the purposes of settling consumer claims for as long as necessary, but no longer than the period(s) required by applicable laws on personal data protection, electronic commerce and consumer protection. Furthermore, contracts executed with Clients shall be archived by Furla for the retention periods required by the applicable laws.

4.8 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.

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

4.10 Without prejudice to what set forth in clause 4.8, the contract between Furla and the Client is executed upon receipt by the Client of the acceptance by Furla of the order proposal sent through the process set out on our website through the Order Confirmation.

4.11 Despite the Order Confirmation, in case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the 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, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.

4.12 The Order Confirmation provided by Furla shall include:

i. a summary of the essential characteristics of the purchased Products,

ii. a detailed indication of the price and modalities of payment,

iii. information on the conditions and methods the client can use to exercise his or her right of withdrawal, including on cases where the right of withdrawal shall be non-applicable such as with regards Products, whose personalization was required by the Client, and the standard withdrawal form,

iv. a reminder for the existence of legal guarantee of conformity of the Products;

v. information on delivery costs and charges,

vi. information on support services and contact details for assistance, and the address to which complaints may be referred,

vii. a copy of the General Conditions of Sale,

viii. any other information required by the Consumer Protection Act with regards to order confirmations.

5. Availability and product’s information

5.1 Information on Products (along with the relevant Product codes) and relevant prices are available on our website.

5.2 The Products available on our website are a selection of items normally available in stores; however, Furla does not provide any warranty to the Client relating to the availability in the stores of the Products available in 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 website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned in our website.

5.3 Furla reserves the right at any time to limit quantities and/or type of Products available in Website. The style, models and colours of the Products described on may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product . Furla shall not be liable towards the Client in case of unavailability of the Product prior to the execution of the contract.

5.4 The maximum number of pieces for each Product included by the Client in the order proposal is five pieces for SKU and twenty-five pieces for each purchase order.

5.5 In no case Furla shall be liable for errors occurred due to failure of the Client’s connection to the Website. Furthermore, without prejudice to any related processing of personal data of the Client carried thereof, Furla will not take any responsibility nder the following circumstances, regardless of the reason for the damages, the cause, the nature of the damages, or the results:

(a) any damages caused by the suspension or stoppage of the operation of our website;

(b) any damages resulting from a third party hacking our website and changing the information that it provides.

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 indicated by the Client in the order proposal. Furla shall not deliver to:

(a) PO boxes.

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

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

(e) any other country outside the European Union.

6.2 Upon the Client’s request Furla may issue an invoice for each order of Products by email pursuant to the applicable laws and regulations. This invoice will be based on the information provided by the Client at the time of the order (e.g. Client’s fiscal code or VAT number). When requesting an issue the Client shall only provide personal data that is accurate and up-to-date. No alterations to the invoice are possible after the invoice has been issued.

6.3 Delivery charges shall be borne by the Client and are indicated separately on the Order Confirmation.

6.4 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). Options for shipment are available at the following link: https://www.furla.com/bg/en/eshop/customer-service/cs-shipping/

6.5 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is 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 damages to the packaging and/or the Product(s), or discrepancies in the addressee references or documentation must be immediately indicated in writing to the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Product(s) in accordance with the conditions set forth under clause 10 below.

7. Shipping confirmation

7.1 Furla shall send to the Client a shipping confirmation via e-mail once the Products are dispatched (hereinafter ‘Shipping Confirmation’).

8. Risk and title

8.1 The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.

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 right granted under clause 10, you may cancel a contract for a full-price Product at any time within thirty calendar days and for an off-price Product at any time within fourteen calendar days, beginning on the day after you received the relevant Products (the Cancellation Period), according to Article 50 of the Consumer Protection Act as defined below. In this case, 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 within the Cancellation Period, communicating the following data: (i) Products for which you wish to exercise the right of withdrawal; and (ii) purchase order number or by using the standard withdrawal form provided.

9.2 Without prejudice to right granted in clause 10 and in accordance with the provisions of Article 57, item 3, of the Consumer Protection Act,, the right of withdrawal provided in clause 9.1 does not apply to orders for Products, personalised at your request, such as, for example, those with your initials engraved on the Product.

10. Lack of conformity

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, you must contact Online Support by using the following contact: https://www.furla.com/bg/en/eshop/contact-us

10.2 The legal guarantees established by Articles 112 and 113 of the Consumer Protection Act as defined below, apply to the sale of the Products. Under these Articles, you have the right to get, free of charge, the Product repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above (Article 114 of the Consumer Protection Act), to have an appropriate reduction in the price of the Products, or the contract cancelled. You lose these rights if you fail to notify Furla of the lack of conformity within 2 (two) months from the date on which you detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by Furla shall automatically lapse 24 (twenty-four) months after the delivery of the Products (Articles 105 and 126 of the Consumer Protection Act). 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. 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 according to clause 11.1 above, we will process the refund due as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In such case, we shall refund you the price of the Product in full, including the cost of delivering the Product to you and excluding the cost incurred by you in returning the Product to us.

11.3 The refund policy provided in clause 11.2 shall not apply to Products set forth 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 notify you of the status of your refund via e-mail within a reasonable period of time. We usually process refund requests as soon as possible and, in any case, within 14 days of the day we confirmed via e-mail that the Client is entitled to a refund for defective Product. Product 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.

11.5 It should be understood that in both the cases described in clauses 11.2 and 11.4 above, you must also return any related Products to us immediately, in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while they are in your possession. We may have a right of action against you for compensation and no refund will be granted:

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

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

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

(e) if packing materials are missing

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

11.6 We will usually refund any money received from you by deposit on the same credit card use by you for the purpose of purchasing Products. Furthermore, in case of payment made through Paypal account, the refund will be executed by Furla directly on the Paypal account of the Client. In case is not possible to refund the money as per previous paragraph, the refund will be executed by Furla by bank transfer.

12. Price and payment

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

12.2 The prices of the Products are indicated on the Website in Euros or in the currency of the Client’s country of residence and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately in the Shopping Bag section.

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 website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website 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 website, 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 unmistakeable 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 [ https://www.furla.com/bg/en/eshop/customer-service/cs-payment/]). 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 [ https://www.furla.com/bg/en/payment/?force=true]).

12.8 The transactions will be debited from the Client’s credit card only after:

(a) the credit card data has been verified;

(b) the authorization to debit the card has been received from the issuer of the card used by the Client, and

12.9 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 website, the Client and the concerned third party shall resolve the issue between themselves.

12.10 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 credit card’s validity, if any. It is understood that once the order is executed, 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 definitely cancelled as well.

12.11 In the event that, for any reason, it is impossible to debit the amount due by the Client within the due deadline, the contract will not be executed, 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 our 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 best and 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 for the sale of the Product(s) executed between you and Furla (‘the Parties’) is binding on both Parties and on their respective successors and assigns.

15.2 Without prejudice to the conditions set forth in these General Conditions of Sale, the Parties may only terminate the contract for the sale of the Product(s) or transfer, assign, dispose of it or of any rights and obligations rising under it, upon their mutual prior written consent.

15.3 Without prejudice to clause 15.2 we may transfer the contract for the sale of the Product(s) or any of our rights or obligations arising under it, without your consent only insofar as this does not in any way reduce the guarantees of your legal rights under the applicable laws and the General Conditions of Sale.

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.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

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.

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 continue to be valid 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. Revision of the General Conditions of Sale

20.1 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.

20.2 You will be subject to the General Conditions of Sale and policies in force at the time of receiving the Order Confirmation from Furla with a copy of the General Conditions of Sale and other policies unless:

i. the General Conditions of Sale and policies have been amended with regards to requirements under the law or at the orders of a government authority in which case it will apply as required under the law/order,

ii. or if the amendment in the General Conditions of Sale and other relevant authorities have been notified to you within a 7 days of their revision at the email address provided for the purposes of ordering Products from our website and/or receiving our newsletter and: (i) you agreed with the revision or (ii) you did not object in a 30-day term since receiving the notification. You can object to the revision without having to specify any reason. With your objection you can also: (1) request the termination of the contract for sale without having to pay any compensation or penalty; or (2) perform the contract in accordance to the policies and General Conditions of Sale in force before their revision.

21. Copyright and Trademark

21.1 All rights pertaining to the content on our website (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, with fully paid-up share capital of Euro 8.791.655,00. None of the articles, photos, illustrations etc. on this site may be used without the prior permission of Furla S.p.A.

21.2 All of the trademarks and service marks used on our website belong to Furla S.p.A. or are used based in official rights such as being licensed. Their unauthorized 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.

23. Law and jurisdiction

23.1 These General Conditions of Sale and, therefore, the contracts executed with the Clients, shall be governed by and will be interpreted in accordance with Bulgarian laws, including i) the Consumer Protection Act, promulgated in State Gazette Issue No.99 of 9.12.2005, as amended and supplemented, and ii) the Electronic Commerce Act, promulgated in State Gazette Issue No.51/23.06.2006, as amended and supplemented, as well as all other relevant rules and regulation of Bulgarian law.

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

23.3 Otherwise, you can 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.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

– To (here the trader’s name, geographical address and, where available,

his fax number and e-mail address are to be inserted by the trader):

– I/We* hereby give notice that I/We* withdraw from my/our* contract

of sale of the following goods*/for the provision of the following service*,

– Ordered on*/received on*,

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

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*Delete as appropriate.