FURLA TERMS AND CONDITIONS

The company FURLA operates sales outlets in mainland France.

In order to satisfy the needs of its customers, the company FURLA S.p.A. offers its products according to a remote sales process that may be accessed through its online sales site furla.com.

This page (as well as all the documents to which it refers) describes the general conditions in accordance with which we will provide you with any of the products (“Products”) listed on our website www.furla.com/fr (“our site” or “website”). Please read these general conditions (“General Conditions of Sale”) carefully before ordering one of the Furla Products from our site. It should be understood that, by ordering any of our Products, you are accepting these General Conditions of Sale.

We recommend that you print a copy of these General Conditions of Sale by way of reference.

Please click on the “I accept” button at the end of the purchasing form conditions if you accept. Please note that, if you refuse these General Conditions of Sale, you will not be able to purchase any of the Products from our site. After accepting the following General Conditions of Sale, you will henceforth be referred to as “Customers”, “Customer” or “you”.

General conditions of Sale

1.              About Us

1.1            www.furla.com is a website operated by FURLA S.p.A., with registered office at Via Bellaria 3/5, San Lazzaro di Savena (Province of Bologna), 40068, Italy - VAT no. 00610091209, Tax Identification Number and company registration no. 03292800376, REA (Economic and Administrative Index) no. BO-278122, with fully paid-up share capital of €8,991,595.00 (“we” or “Furla”).

2.              Scope of Application

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

3.              Your Status

3.1            By placing an order through our site, you are guaranteeing that:

(a)         you are legally able to enter into binding contracts;

(b)         you are aged 18 or over;

(c)         you are purchasing the Products for personal and non-commercial use; and

(d)         you are purchasing Products that are to be delivered within the European Union.

3.2            All personal data concerning you that we collect will be used exclusively in accordance with our “ Confidentiality Policy ”. Pursuant to the provisions of article 1369-4 of the French Civil Code, these General Conditions may be kept by any Visitor to the Site.

4.              These General Conditions are applicable if present on the site. The company Furla reserves the right to amend them.

5.              Performance of the Contract

5.1            The price and essential characteristics of each Product (accompanied by the corresponding Product codes) are displayed and detailed on our site.  

5.2            Before placing an order through our site, you must carefully read all the instructions provided during the purchasing procedure (especially the conditions of the right of cancellation, the delivery costs and the Confidentiality Policy declaration), as well as these General Conditions of Sale.

5.3            In order to place an order, you must register on our site as a guest or registered user.

5.4            In order to purchase a Product, the Customer must (i) select the chosen Product and place it in his/her “Basket” by clicking on the corresponding button, (ii) complete the order proposal, (iii) select the payment method, (iv) accept the General Conditions of Sale and (v) send the order request to Furla through our site. After the conclusion of the purchasing procedure described above, the Customer will receive a transaction e-mail confirming the purchase of the Products (“Order Confirmation”). In the event of a Product return in accordance with articles 10, 11 and 12 of these Conditions, the Customer shall be required to provide Furla with the Order Confirmation number and the e-mail address used to make the purchase of the Products appearing on the same Order Confirmation in accordance with the procedures described in the said articles.

5.5            Sending an order constitutes a purchasing request with respect to the selected Product, governed by the terms of these General Conditions of Sale and committing the Customer (with no prejudice to the right of cancellation pursuant to article 10). When a Customer sends an order proposal, s/he shall be obliged to pay the price of the Product(s) ordered.

5.6            Any error in/change to the data entered by the Customer in the order must be confirmed by him/her, in accordance with the process described on our site, prior to the sending of the order (e.g. the Customer may change the quantity of Products s/he wishes to purchase by adding or removing one or more Products from the “Basket”).

5.7            With no prejudice to the use of the data described in the Confidentiality Policy, the order proposal and data concerning the Customer pertaining to the said order proposal may be kept by Furla for the period required by the applicable legislation. Moreover, the contracts performed by the Customers will be archived by Furla for the conservation period authorised by the applicable law. 

5.8            An order may be refused by Furla before the Confirmation of the said order, as soon as possible, including in the following hypotheses:

                    i.         the Products are unavailable (with no prejudice to the provision laid down in articles 5.11, 6.2, 6.3); or

                   ii.         fraudulent or illegal activities are reported or suspected, including purchases suspected of having been made for commercial purposes;

                 iii.         the Customer has not satisfied the obligations arising from a previous contract entered into with Furla.

5.9            The contract will only concern the Products whose sending or provision has been confirmed in the Order Confirmation, pursuant to the provisions of article L. 121-11 of the French Consumer Code.

5.10         With no prejudice to the provisions laid down in article 5.8, the contract between Furla and the Customer will be performed on the Customer’s receipt of the Furla’s acceptance of the order sent in accordance with the process indicated on our site through the Order Confirmation.

5.11         Despite the Order Confirmation, should one or more of the Products ordered be unavailable, the Customer will receive an e-mail properly informing him/her of the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted for the Products available. In the case of partial acceptance, the Customer will only be required to pay (or will only be invoiced for, in the event of payment by credit card) the price of the Products available.

5.12         The Order Confirmation will include a summary of the essential characteristics of the Products purchased, a detailed indication of the price and the payment methods (including VAT at the rate applicable on the date of the order), information regarding the conditions and procedures for exercising the right of cancellation (including details on the exclusion of the right of cancellation for personalised Products), information on delivery costs, the address to which any complaints may be sent, information on support services and the existing commercial conditions and a copy of these General Conditions of Sale (article L.121-19-1 of the French Consumer Code).

6.              Availability and Product Information

6.1            Information on the Products (accompanied by the corresponding Product codes) and the corresponding prices is available on our site. 

6.2            The Products available on our site represent a selection of products normally available in store; however, Furla shall furnish the Customer with no guarantee regarding the in-store availability of the Products available on the Website. Moreover, we cannot guarantee that any of the Products shown on our site will be in stock. The photos of the Products shown on our site may not reflect their actual appearance; the Customer must therefore rely exclusively on the description of the Products and their characteristics provided on our site.

6.3            Furla reserves the right to limit, at any time, the quantities and/or type of Products available on the Website. The style, models and colours of the Products described there may be modified without notice. During the purchasing process, an automatic reply will inform the Customer if his/her order cannot be processed due to the unavailability of the Product ordered; Furla shall accept no liability vis-à-vis the Customer in the event of unavailability of the Product prior to the performance of the contract.

6.4            The maximum number of units for each Product included by the Customer in the order proposal is five units per SKU (stock-keeping unit) and twenty-five items per order.  

6.5            Under no circumstances may Furla be held liable for errors caused by a Customer’s inability to connect to the Website. In addition, Furla shall accept no liability vis-à-vis the Customer in the following circumstances, irrespective of the reason for the damages, cause or nature of the damages, or their results:

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

(b)     any damage arising from hacking of our site and modification of the information shown therein, which may prove false.

7.              Transport and Delivery

7.1            Your order will be delivered on the delivery date indicated in the Order Confirmation at the latest or, if no delivery date is indicated, within a reasonable period following the Order Confirmation date, in the absence of exceptional circumstances. Our delivery date will be agreed with our operators located in the delivery zone and will vary according to the delivery address, type of Products and other key factors. In accordance with the provisions of article L. 221-1 of the French Consumer Code, you will receive a summary of the price and shipping costs on delivery at the latest. The Products must be delivered to the address indicated by the Customer in the order proposal. Furla will not deliver to:

(a)         PO boxes;

(b)        accommodation, such as hotels or hostels, public facilities, airports and ports;

(c)         entities or individuals who provide overseas shipping services; or

(d)        any other place for which Furla may reasonably decide that the customer’s address is unknown.

(e)         other countries outside the European Union.

 

7.2            For each order, Furla may, on request from the Customer, invoice the price of the Products by e-mail to the Customer, in accordance with the applicable laws and regulations. The invoice will be based on the information supplied by the Customer when placing the order (e.g. Customer’s Tax Identification Number or VAT no.). The invoice may not be modified once it has been issued.

7.3            The delivery costs must be borne by the Customer and are indicated separately in the Order Confirmation.

7.4            The purchased Product will be delivered by a courier service chosen by Furla (the “Courier”); the purchased Products will be delivered on a business day (i.e. excluding Saturdays, Sundays and local or national public holidays) within 5-6 business days from the Dispatch Confirmation (except in cases of force majeure or unforeseeable circumstances). The delivery options may be viewed at the following link: https://www.furla.com/fr/fr/shipping-eu/.

7.5            On delivery of the Products by the Courier, the Customer (or a designated representative) is required to check:

(a)         that the recipient indicated on the delivery docket is correct; and

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

7.6            Any damage to the packaging and/or Product(s), or discrepancy in the references or documents of the recipient must be declared immediately in writing on the delivery docket of the Courier. Except insofar as permitted by the applicable laws, once the Courier’s document has been signed and if no objection has been raised by the Customer, the Customer may no longer make any objection regarding the external characteristics of the package delivered provided that s/he is authorised to issue further objections concerning other features connected with the Product(s) in accordance with the terms and conditions established in article 11 below.

8.              Dispatch Confirmation

8.1            Furla shall send the Customer a dispatch confirmation by e-mail once the Products have shipped (“Dispatch Confirmation”).

9.              Risks and Transfer

9.1            The risk of loss or damage of the Products will be transferred to the Customer once the Customer (or a third party indicated by the Customer and other than the courier) has taken physical possession of the Product.

9.2            Ownership of the Product(s) will only be transferred to you once we have received full payment of all sums owed with respect to the Product(s), including the delivery costs.

10.            Consumer Rights

10.1         You may cancel a contract for a Product purchased at full price at any time within a period of thirty days and cancel a contract for a Product purchased at sale price at any time within a period of fourteen days following the date of receipt of the Products concerned (“Cancellation Period”), pursuant to the provisions of articles l . 221-8. and L. 221-20 of the French Consumer Code. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (shown in article 12 below). In order to cancel a contract, you must notify us in writing before the end of the Cancellation Period.

10.2         With no prejudice to the right granted in article 11, pursuant to the provisions of article L.121-21-8 of the French Consumer Code, the right of cancellation envisaged in article 10.1 shall not apply to orders of personalised Products, i.e. products made according to the consumer’s specifications, such as, for example, those marked with the Customer’s initials.

11.            Non-compliance

11.1         If a Product sold by Furla suffers from manufacturing defects or in the event of presumed non-compliance of the Products sold by Furla, you must contact on-line assistance using the following contact details boutiqueonline@furla.com..

11.2         The legal guarantees laid down in articles L211-4 to L211-14 of the French Consumer Code as described below apply to the sale of Products. In accordance with these articles, you are entitled to obtain, free of charge, the repair (or replacement) of the Product within the limits envisaged by the law, or, should it be impossible to repair the Product (pursuant to article L211-10 of the French Consumer Code), to benefit from an appropriate reduction of the price of the Products, or to cancel the contract. You will lose these rights if you fail to notify Furla of the non-compliance within a period of 2 (two) years from the date on which you detected the non-compliance. In all cases, actions seeking to establish any non-compliance not concealed fraudulently by Furla will expire automatically 26 (twenty-six) months after the delivery of the Products. The applicable provisions are those in articles L. 217-5 and 217-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code. The delivery costs for returning the Product for repair or replacement under the terms of this article will be borne by Furla, along with all costs connected with the delivery of the repaired or replaced Product to the Customer.

12.            Our Refunds Policy

12.1         If you wish to return a Product, please contact us using the form available at the following address: https://ecommercereturns.furla.com/#!/returns

12.2         Should you cancel the contract under the terms of article 1010 and return a Product in accordance with the terms of article 12.1 above, we will process the refund owed to you as quickly as possible and, in all cases, within fourteen days from the day when we receive notification of your cancellation. In this case, we will refund you the entire price of the Product and the costs for sending the item to you, except for the costs you incur in returning the item to us.

12.3         The refund policy envisaged in article 12.2 will not apply to the Products indicated in article 10.2 above.

12.4         If you return a Product under the terms of article 12.1 above because you believe that the product is defective pursuant to article 11, we will examine the returned Product and send you your refund notification by e-mail within a reasonable time frame. We will generally process the refund owed to you as quickly as possible and, in all cases, within fourteen days from the date when you confirm to us by e-mail that you are entitled to a refund for the defective Product. The price for any Product that you return to us because of a fault will be refunded in full, including reimbursement of the delivery costs for sending the item to you, as well as the costs you incur in returning the Product to us. The costs for sending the item to you in the first instance will only be refunded if the Product was not part of a multiple order.

12.5         It should be noted that, in the two cases described in articles 12.2 and 12.4 above, you must also return all the Products immediately, in conditions identical to those in which you received them. You are legally required to take reasonable care of the Products while they are in your possession and custody. We may have a right of redress with respect to the Customer and no refund will be granted in the following cases:

(a)         if the Products have already been used (creases, damage, odours)

(b)         if the Products were initially purchased in store

(c)         if the Products no longer have their labels

(d)         if a part or accessory of the Products is missing

(e)         if packaging material is missing

(f)         if the delivery docket attached when the Products was shipped has not also been returned.

12.6         In general, we will refund any sum received from you by crediting the same credit card you used for purchasing the Products. Moreover, in the case of payment using a PayPal account, the refund will be made directly to the Customer’s PayPal account by Furla. Should it be impossible to refund the sum in accordance with the terms of the previous paragraph, Furla shall reimburse you by bank transfer. Pursuant to the provisions of article L. 221-24 of the French Consumer Code, charges will not be reimbursed.

13.            Price and Payment

13.1         The price for any of the Products ordered will be identical to that indicated on our site, except in cases of clear error. Our site will undertake to show accurate information concerning the Product(s) in good faith at all times.

13.2         The prices of the Products are indicated on the Website in Euro or in the currency of the country of residence of the Customer and include all applicable taxes and charges. The delivery costs must be added to the price of the Products and are indicated separately in the Basket.

13.3         Prices are liable to change at any time, but such changes will not be applied to orders for which we have already sent you an Order Confirmation.

13.4         Our site contains a large number of Products and it is always possible that, in spite of our best efforts, an incorrect price may be indicated for certain Products listed on our site. We will generally check the prices as part of our shipping procedures in order to invoice, when the correct price of a Product is lower than that indicated, the lowest amount when we dispatch the Product. In general and at our sole discretion, if the correct price of a Product is greater than the price indicated on our site, we will contact you to give you instructions before dispatching the Product or refuse your order and notify you of our refusal.

13.5         We are under no obligation to provide you with the Product at an incorrect (lower) price, even after sending you an Order Confirmation, if the price error is clear and unambiguous and you could have reasonably identified it as a price error.

13.6         Payment of the price for the Products included in the order proposal and the corresponding delivery costs must be made by the Customer by credit card, PayPal or bank transfer or using any other payment instrument available from time to time (for more details, check here) . For credit card payments, the transaction must satisfy any separate contractual condition between the Customer and the credit card company.

13.7         Furla accepts payments made using the following credit cards: Visa, MasterCard, American Express, PayPal, Maestro, Diners, Discover, Sofort, Bancontact, Cartes Bancaires, Ideal or other credit cards acceptable from time to time (for more details, check here

13.8         Transactions will be debited from the Customer’s credit card only once: 

(a)         the credit card has been verified; 

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

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

13.9         In the event of any dispute arising between the Customer and the credit card company, lender, etc. concerning charges or any other obligation connected with the Customer’s payments on our site, the Customer and third party concerned must resolve the problem between themselves.

13.10       No debit may be made when the order proposal is sent, except for temporary charges needed to check the validity of the credit card, if applicable. It should be understood that, once the order has been fulfilled, the said temporary charges will be cancelled and replaced by the correct amount owed by the Customer. In addition, if the order is cancelled, the said temporary charges will also be definitively cancelled. 

13.11       In cases where, for whatever reason, it should be impossible to debit the amount owed by the Customer within the set deadlines, the contract will not be performed, and the order will be cancelled. The provisions of article 1341 of the French Civil Code will not apply.

14.            Written Correspondence

14.1         The applicable laws stipulate that certain information or correspondence we send to you must be provided in writing. By using our site, you accept that such correspondence shall chiefly be sent electronically. We will contact you by e-mail or provide you with information by publishing notifications on our Website. For contractual reasons, you shall accept this means of electronic communication and acknowledge that all contracts, notifications, information and other communications which we provide to you electronically will fulfil the legal obligations requiring correspondence to be made in writing. These conditions do not affect your rights in any way.

15.            Notifications

15.1         All notifications which you provide must be sent to this address: boutiqueonline@furla.com

15.2         We may notify you either by e-mail or using the postal address you provide when placing an order, or by another means specified in article 14 above. Furla shall make every effort to reply as quickly as possible. In order to prove delivery of the notification, it will be sufficient to demonstrate, in the case of a letter, that the said letter was correctly addressed, stamped and sent by post and, in the case of an e-mail, that the e-mail was sent to the address indicated by the recipient.

 

16.            Transfer of Rights and Obligations

16.1         The contract between you and us is binding upon us both as well as upon your successors and respective rights holders.

16.2         You may not transfer, assign, invoice or otherwise dispose of a contract, or one of your resulting rights and obligations, without obtaining our prior written consent.

16.3         We may transfer, assign, invoice, subcontract or otherwise dispose of a contract, or one of our resulting rights or obligations, at any time during the term of the contract.

17.            Events Outside Our Control

17.1         We will accept no liability for any failure to satisfy, or late satisfaction, of any of our obligations under the terms of a contract caused by events outside our control (Case of Force Majeure) or unforeseeable circumstances.

17.2         A Case of Force Majeure refers to any act, event, non-occurrence, omission or accident outside of our control and includes, in particular (but is not limited to), the following events:

(a)         strikes, lock-outs or any other action with an impact on activities, suppliers’ strikes, collective procedure, etc.

(b)         civil unrest, rioting, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), threat of or preparation for war.

(c)         fire, explosion, storm, flooding, earthquake, subsidence, epidemic or other natural disaster.

(d)         impossibility of using railways, shipping, aircraft, motorised transport or any other public or private means of transport.

(e)         impossibility of using public or private telecommunications networks.

(f)         governmental acts, decrees, laws, regulations or other restrictions.

17.3         Performance of the contract will be suspended for the period during which the case of force majeure lasts, and we will be entitled to an extension of the deadline for the performance of the contract corresponding to the duration of this period. We will do everything in our power to resolve the Case of Force Majeure or find a solution to enable us to fulfil our contractual obligations despite the Case of Force Majeure.

18.            Waiver

18.1         If, at any time during the term of the contract, we should fail to enforce any of your obligations in accordance with the terms of the contract or any of these General Conditions of Sale, or fail to exercise any of the rights or remedies available to us under the terms of the contract, this will not represent a waiver of the said rights or remedies, nor release you from your obligation to comply with such obligations.

18.2         Should we choose to overlook any failing, this will not constitute the overlooking of any substantial failing.

18.3         Waivers of any of these General Conditions of Sale will only be effective if expressly indicated as such to you in writing in accordance with the terms of articles 14 and 15.

19.            Divisibility

If any of these General Conditions of Sale or any provision of a contract is considered unwritten, illegal or inapplicable in any way, the said procedure, condition or provision will be identified, and the other conditions and provisions will remain valid to the full extent permitted by the applicable legislation.

20.            Entirety of the Agreement

20.1         These General Conditions of Sale and any document expressly referred to represent the entire agreement between us as regards the object of any contract and replace any prior agreement, understanding or arrangement between us, whether oral or written.

20.2         Each party recognises, by entering into a contract, that neither one of us has relied on a representation, understanding or promise given by the other party or arising from anything spoken or written during the negotiations between us prior to the said contract, unless expressly established in these General Conditions of Sale.

20.3         Neither one of us may make any claim concerning any untrue statement made by the other party, orally or in writing, before the date of any contract (unless such an untrue statement was made fraudulently) and the only claims permitted from the other party shall be for breach of contract as envisaged in these General Conditions of Sale.

21.            Modification of These General Conditions of Sale

21.1         We have the right to revise and modify these General Conditions of Sale when necessary to reflect changes made to the market conditions affecting our activities, modifications made to technology, modifications made to payment methods, changes to laws and corresponding regulatory requirements and modifications made to the capacities of our system.

21.2         You will be subject to the policies and General Conditions of Sale in force at the time you order the Products, unless any change to such policies or these General Conditions of Sale is requested by the law or a governmental authority (in which case, it will apply to the orders you have placed previously), or if we inform you of the modification of such policies or these General Conditions of Sale before sending you the Dispatch Confirmation (in which case, we will be entitled to consider that you have accepted the modification of the General Conditions of Sale, unless you inform us of the contrary within seven business days from when you receive the Products).

22.            Copyright and Trademarks

22.1         All rights pertaining to the content of our site (text, images, video, voice, programs, etc.) are the property of Furla S.p.A. with registered office at Via Bellaria 3/5 San Lazzaro di Savena (Province of Bologna), 40068, Italy, VAT no. 00610091209, Tax Identification Number and registration number on the register of companies of Bologna 03292800376, REA (Economic and Administrative Index) no. BO-278122, with fully paid-up share capital of €8,991,595.00. No article, photo, illustration, etc. on this site may be used without prior permission from Furla S.p.A.

22.2         All trademarks and service marks used on our site are the property of Furla S.p.A. or are used on the basis of official rights granted within the framework of a trademark licence. Unauthorised use thereof is forbidden.

23.            Links

23.1         When creating a link to our site, we may reject the link depending on the content of the Website on which the link has been inserted and the method according to which the link has been created. What is more, Furla shall in no way guarantee the content of all sites to which it is linked, nor accept any liability for any damage caused by a site to which it is directly or indirectly linked.

24.            Law and Jurisdiction

24.1         These General Conditions of Sale and, consequently, the contracts entered into with the Customers, are governed by and must be interpreted in accordance with French law.

24.2         Any dispute arising from the interpretation, validity and/or performance of these General Conditions of Sale will be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Customer. 

24.3         The Customer may also decide to access the amicable dispute resolution system provided by the European Commission, available on the site  http://ec.europa.eu/odr