TERMS AND CONDITIONS OF SALE
The present Terms and Conditions of Sale (hereinafter – the “Terms”) constitute a public offer in with the meaning of Articles 435 and 437 of the Russian Civil Code addressed to general public for entering into a contract of sale and purchase of the products under Furla Trademarks (as defined below), subject to the terms and conditions set forth therein.
“Customer” means an individual making an order on Furla Online Shop, who is legally capable of entering into a binding contract and is purchasing the Products for its own personal and non-business use;
“Furla” means Furla S.p.A., a company incorporated under Italian law, with its registered office at Via Bellaria 3/5, 40068 San Lazzaro di Savena;
“Furla Online Shop” means the online shop for the Products under Furla Trademarks located at www.furla.ru, operated by the Seller;
“Furla Trademarks” means Russian trademark registration No. 371439 and international trademark registrations No. 777710, 797933, 964526, and 964558;
“Identity Document” or “ID” means a passport of the Russian national, an international passport, a passport of a foreign national and any other document which may be used to identify a Customer;
“Order” means a properly made order of the Customer for certain Products under Furla Trademarks placed through Furla Online Shop;
“Personal Data” means details relating to an individual, who is the Customer, identified by such details, consisting of his/her name, surname, address, city, post code/zip code, telephone, email, data of birth, occupation, online purchase history, purchase data (which includes location, date and time of purchase, delivery data, product and payment data), data concerning Customer’s hobbies, job, and interests, cookies;
“Products” means the products under Furla Trademark, placed and available for Order through Furla Online Shop;
“Seller” means Limited Liability Company “Furla Rus” established and operating under the laws of the Russian Federation (OGRN 1115027002782, INN 502717210), with its registered address at Russian Federation, 121099, Moscow, Smolenskaya Square, 3, ET / POM / KAB 8 / I / 19;
“Special Offer” means an offer made to the Customers to purchase the Products on special terms (certain assortment, at certain price, within certain period of time, etc.) through Furla Online Shop;
“Terms” means the present Terms and Conditions of Sale of Products under Furla Trademark; and
“Working day” means any day other than Saturday and Sunday or which is a statutory holiday in the Russian Federation.
b) General Provisions
In accordance with the present Terms the Seller is selling Product remotely through Furla Online Shop. The Seller is selling Products placed and available for Order only through Furla Online Shop.
The relationship between the Seller and the Customer is governed by the provisions of the Russian Civil Code applicable to retail sales (paragraph 2, Chapter 30 of the Russian Civil Code), Russia’s Law of February 7,1992 under No 2300-1 “On Protection of Consumer Rights” (as amended), the Russian Government Resolution of September 27, 2007 under No 612 “On Approval of the Rules for Remote Sale of Products” and the Russian Government Resolution of January 19, 1998 under No 55, approving “List of Non-Food Products Having Proper Quality Which Are not Permitted to Be Returned or Exchanged for Similar Products of Different Size, Form, Dimensions, Style, Color or Specification”.
By making an Order for the Product selected on Furla Online Shop the Customer hereby accepts the present Terms (as amended from time to time) as well as the terms of then current Special Offers available on Furla Online Shop.
Information on the Products that is required to be made available to the Customer in accordance with the Russian law, i.e. the Seller’s address, the Product description, price, delivery terms, etc., is published on Furla Online Shop.
c) Subject of the Terms
The Seller agrees to deliver to the Customer the Product, and the Customer agrees to accept and pay for it, subject to these Terms and terms of then available Special Offers.
Upon acceptance of these Terms by the Customer, the Seller agrees to fully perform its obligations in accordance with these Terms and the laws of the Russian Federation as in effect.
The Customer agrees not to use the Products purchased through Furla Online Shop for any business purposes whatsoever.
All Products offered through Furla Online Shop are in compliance with the special requirements applicable under Russian law to that category of products. All relevant certificates required for sale of such Products in accordance with the Russian law are available to review on Furla Online Shop.
The place of sale of the Products will be the territory of the Russian Federation. Furla Online Shop is only intended for use by the Customers who are purchasing Products to be delivered within the territory of the Russian Federation. The Seller will not accept any Orders for deliveries to countries other than the Russian Federation.
The Seller may at any time unilaterally amend these Terms as well as change the price of the Products (the price of Products, for which the Customer has made an Order, may not be changed), options for, time and terms of payment and delivery of the Products, the ordering process, etc. All amendments will come into effect and will be considered to have been notified to the Customer upon their publication on Furla Online Shop.
Furla Online Shop features a large variety of Products and it is always possible that, despite the Seller’s best efforts, some of the Products listed on Furla Online Shop may be incorrectly priced. The Seller will normally verify prices as part of the shipping procedures so that, where a Product’s correct price is less than the stated price, the Seller will charge the lower amount when shipping the Product.
d) Placing Orders
Orders can be placed through Furla Online Shop or via a call-center at 8 800 775 78 99.
All Orders are subject to confirmation by sending an e-mail to the Customer or by separate telephone call that the Order has been accepted.
e) Monitoring Orders
The confirmation will contain the details of the Order and a tracking number for monitoring on-line the status of the delivery, based on a chosen delivery option. Furthermore, it is possible to access the archive of past Orders in “My Furla” section. The Customer can search for Orders using an order number provided in the email confirmation and review all relevant information.
The Customers can also contact the Furla Online Shop Customer Service using the form provided for this purpose, by email to the following address: firstname.lastname@example.org or by telephone at 8 800 775 78 99. The Customer Service of the Furla Online Shop is available from 9 am to 9 pm Monday to Friday, Moscow time, and from 10 am to 9 pm Saturday and Sunday excluding statutory holidays of the Russian Federation.
The title will pass to the Customer upon acceptance of the Products from the delivery provider’s courier, as evidenced by the Customer’s signature on the shipping documents, subject to full payment for the Products.
The Seller disclaims all and any liability for possible delays in delivery owing to extraordinary events, which could not have been foreseen and which occurred other than through the fault of the Seller.
In case of change of the Products delivery date, the Seller will have to inform the Customer immediately on the change in the Product delivery option for the purpose of receiving his/her consent to the new conditions of the Order delivery either in full or in part. The Seller will inform the Customer by telephone or electronic mail.
The Seller will arrange for the delivery of the Customer-ordered Products through a third-party delivery provider.
When the Products are delivered to the Customer, the delivery provider’s courier may request the Customer’s personal ID to be shown for the purpose of addressing potential fraud issue and the Customer agrees to show such document.
All Orders placed through Furla Online Shop will be subject to review that may take up to 48 hours. Once approved, the Order will be shipped and the Customer will be sent an email confirmation referred to in Section E, with a tracking number for the shipment, if applicable. The delivery periods for the Order depend on the delivery option chosen.
Orders may experience delays in shipping and delivery due to the Russian statutory holidays during the following periods: January 1-8, February 23, March 8, May 1, May 9, June 12, and November 4.
The delivery cost will be determined based on the Order weight and the Customer’s location. Delivery costs can vary for different regions of Russia.
The Product prices, as shown on Furla Online Shop, are not inclusive of delivery cost.
For the delivery of the Customer’s online purchases, the Customer can choose the most convenient delivery address, provided it is a location in the Russian Federation.
The price for the Products is indicated in Russian Rubles, inclusive of VAT and published on Furla Online Shop.
Payments can be made by a credit card (Visa, MasterCard, Mir) or by cash directly to the provider’s courier. If paid by a credit card, the amount will be charged at the time the Order is placed.
If the Customer chooses to pay in cash, the payment will be made to the provider’s courier at the time of delivery of the Products.
The Seller wishes to guarantee maximum customer satisfaction in terms of purchasing experience and Product quality.
The Customer may refuse to take the Products and to cancel an Order at any point in time until its actual delivery to the Customer.
If, for any reason, the Customer is not satisfied with the Order the Customer can return the purchased Product within 7 (Seven) days of the date of delivery. The right to return the Product is attributable exclusively to the Customer. The Products of proper quality can be returned as long as their appearance and consumer qualities have been preserved and a document supporting the purchase and the terms of purchase of the relevant Products, including labels, have been retained.
When the Customer returns a Product of proper quality, the Seller will reimburse to the Customer the amount paid for such Product, less the cost of delivering the Product being returned from the Customer, within not later than 10 (Ten) days from the date the Customer made the relevant request.
To the extent a Product was delivered to the Customer, which is inconsistent with the Order made with respect to its quantity, assortment, quality and completeness, the Customer may, not later than within 20 (Twenty) calendar days from the receipt of the Products, notify the Seller of such inconsistencies with the Order and request to remedy the same, or to return the Product and request the price paid for the Products to be refunded.
If the Customer has other complaints as to the quality of the Products unrelated to the inconsistency with the Order relating to their quantity, assortment, quality and completeness, such complaints may be submitted by the Customer within the warranty period offered for the Products. The warranty period for the Products is 2 (Two) years, commencing to run from their delivery to the Customer.
It will not be possible to return Products purchased through Furla Online Shop to Furla’s off-line retail stores selling Products under Furla Trademarks, nor it will be possible to return Products under Furla Trademarks purchased other than through Furla Online Shop in the manner and on the conditions provided for in these Terms.
In order to return the purchased Products the Customer shall provide the following documents:
- Filled in order/return form.
- Sales receipt;
- ID document;
- Documents confirming payment for the Products (if paid by cash – original of the way-bill; if paid by credit card – a document confirming payment for the Products received by the Customer when the payment was made).
For all questions regarding return of Products the Customer should contact Furla Online Shop Customer Service by email to the following address: email@example.com or by telephone at 8 800 775 78 99. The Customer Service of the Furla Online Shop is available from 9 am to 9 pm Monday to Friday, Moscow time, and from 10 am to 9 pm Saturday and Sunday excluding statutory holidays of the Russian Federation.
i) Refund Payments
Once the Seller has received the returned Products and checked that all the requirements have been satisfied, a confirmation of acceptance will be sent to the Customer by email indicating that the refund will be made. When purchasing with a credit or debit card, the time during which the refund will be processed, depends on the institution that issued the Customer’s card. When purchasing for cash, the money will be refunded by a postal transfer to the address indicated in the order/return form.
j)Personal Data Consent (Privacy Notice)
Seller processes the personal data of Customers that register through the present form in accordance with Convention CETS No.108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and the Federal Law No. 152-FZ dated July 21, 2006 “On Personal Data” (“ Privacy Laws”), on the territory of the Russian Federation and with respect to the Russian market only, in the manner described below:
Purposes and methods of processing
Seller may process the data that Customer provides through the present form for the following purposes:
to register the Customer through the Furla MyClienteling App, which allows Customers to benefit from offers and services exclusive to registered clients,
to carry out marketing, through promotions relating to Furla, local affiliates of the Furla’s group, Seller’s partners, and Furla’s products and services, whether by electronic or other means, such as by email, post, telephone SMS or social media, or through newsletters (for example to be updated on Furla’s new products and to find out about events, contests, demonstrations, loyalty programmes etc. organised by Furla). Such communications will relate to products and services relating to fashion, luxury goods and the like. If the Customer prefers to receive marketing communications by traditional means only (i.e., by post or telephone), he/she may email [please insert email address to be used by Furla RUS for personal data issues]. In addition, Seller will process the personal data that the Customer provides through his/her registration; purchase data (which includes location, date and time of purchase, delivery data, product and payment data); and data concerning hobbies, job, and interests, for market research, statistical analyses and other research to improve its products and Customer satisfaction analysis,
to use the above listed data to analyse consumer habits on Furla’s retail channels (e-store and bricks and mortar stores), for example, in relation to purchased products, viewed products, stores where purchases were made, in order to send commercial communications that are in line with Customers’ interests.
Customer’s Personal Data may be processed on the territory of the Russian Federation only, either electronically or in hard copy form, by way of performing any action (operation) or a set of actions (operations) performed by the Seller, including collection, recording, organization, acquisition, storage, alteration (updating or changing), retrieval, use, disclosure by transmission (dissemination or otherwise making available or accessible), depersonalization, blocking, erasure or destruction of any Personal Data. Customer’s Personal Data will be kept for a period not exceeding that necessary for the purposes for which they were collected, after which they will be destroyed or rendered unusable, in particular, the Customer agrees that the processing of his/her Personal Data shall be effective at least throughout the period needed for the performance of the Seller’s obligations vis-a-vis the Customer, whenever the Customer makes an Order on Furla Online Shop.
Mandatory vs. optional data and consequences of not providing data
Customer must provide his/her data for the purposes set out under point a) (i) (contractual purpose). If the Customer does not wish Seller to process his/her data for those purposes, Seller will respect this. However, in this event, Customer will be unable to register as a MyFurla Client and use the additional services that Seller offers to registered clients. Providing Customer’s data for the purposes set out under points a) (ii) (marketing purpose) and (iii) (profiling purpose) is optional, and only with the Customer’s consent will his/her data be collected. Not providing Customer’s data for these purposes will not have any negative consequences for the Customer.
Entities and categories of entities to which Personal Data may be disclosed (3rd party data operators) and scope of dissemination of the data; cross-border transfer to countries outside of Russia
Depending on the service, Seller may share Customer’s data with Seller’s local partners and to specialised local companies which Seller entrusts, as third party data operators, with duties of a technical and organisational nature that are necessary to manage relationships with clients. These include companies that provide storage services for documentation regarding client relationships and companies that evaluate service quality and customer satisfaction or carry out, on behalf of Seller, marketing and profiling activities. In addition, outsourcing the processing of the Customer’s Personal Data to the third party local operators, listed below, may be necessary for the Seller to perform its obligations to the Customer, in particular, to deliver the Products purchased by the Customer through Furla Online Shop to the address indicated by the Customer.
Their list is given below:
• LLC Kuehne + Nagel; Address: 123001, Moscow, Trekhprudny per. d.9, p. 1
• Oneway Studio (IP Neverov Aleksey Aleksandrovich); Address: Arkhangelsk, Karl Liebknecht St., 19, of. 404;
• LLC “DHL Global Mail”; Address: 127051, Moscow, B. Sukharevsky per., 21, p. 2;
• Boxberry RU LLC; Address: 620100, Sverdlovsk Region, Yekaterinburg, Siberian Highway, Building 12 Building B1, Entrance 8
• FSUE Russian Post; Address: 131000, Moscow city, Warsaw highway, 37.
• Easy Way LLC; address: 109428, Moscow, Vyazovsky 1-y passage, bld. 4, p. 19
• LLC "STRIZH"; Address: 127322, Moscow, Ogorodny passage, 20, apt. 1
• Armadillo Business Parcel JSC; Address: 129226, Moscow, st. Dokukina, 16, building 1;
• CJSC Pochtomat; address: 125156, Moscow, Leningradsky pr-t, d.37A, building 14, building 1 address;
• LLC “Network of automated points of delivery”; Address: 109316, Moscow, Volgogradsky Prospekt, 42, building 23;
• LLC "Contact Center GRAN"; Address: 105120, Moscow, Kostomarovsky per., d. 11, p. 1.
• For the provision of advertising services (information and marketing campaigns), data is transmitted:
• Mindbox LLC; 125124, Moscow, st. Pravdy, d. 26, ET / POM 12 / XXX
The list of these is also available at Furla’s head office and can be requested by emailing: [please insert email address to be used by Furla RUS for personal data issues]. If Customer consents to the processing of his/her Personal Data for the purposes above, Customer’s Personal Data inserted in Seller’s database will be automatically accessible to local Seller’s sales staff based at the points of sale in the Russian Federation as it supports Seller with its business activity. For the avoidance of doubt, no of the affiliated companies and partners of the Seller that act as 3rd party data operators on behalf of Seller and, as such, access to Customer’s Personal Data are established outside of Russia, and no cross-border transfer of Customer’s Personal Data outside of Russia will be performed by the Seller.
Data subjects rights
To exercise Customer’s access, correction, cancellation and objection rights under the Privacy Laws (e.g., to object to the processing of Customer’s Personal Data on legitimate grounds, despite the data being relevant to the purpose of the collection; to object, also partially, e.g., only in relation to certain communication means, to Customer’s Personal Data being processed in order to send the Customer advertising material or commercial information, to carry out profiling purposes, or to receive communications by traditional means only), please send a registered letter with return receipt to: [Furla RUS LLC, 2 Yanichkin pr, Kotelniki city, Moscow Region, 140053, Russian Federation], or email [please insert email address to be used by the Seller (Furla RUS) for personal data issues].
The Customer has read and understood the Personal Data consent (privacy notice) and consents to the processing of his/her Personal Data in line with the principles of this consent (privacy notice):
to receive newsletters and information on events, discounts and exclusive promotions regarding Furla’s products and services, including, but not limited to, through automated means (e.g., by email, SMS and social media); and
to allow Seller to analyse Customer’s consumer habits in order to receive communications targeted to his/her interests.
The Customer hereby understands that he/she is entitled to revoke his/her consent at any time, free of charge, and without any disadvantages by emailing [please insert email address to be used by the Seller (Furla RUS) for personal data issues]. By placing the Order through Furla Online Shop, the Customer accepts these Terms, as amended from time to time. It is the Customer’s obligation to periodically visit this section of the Furla Online Shop for the purpose of reviewing the amendments. For the avoidance of any doubt the present Terms refer only to the Orders made by the Customers through Furla Online Shop and do not effect on any special Furla projects such as “Furla made for you” and other projects unless otherwise is indicated herein.