FURLA TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.furla.com (“our site” or “Website”) to you. Please read these terms and conditions (“General Conditions of Sale”) carefully before ordering any Products from our site. You should understand that when ordering any of our Products, you need to agree to be bound by these General Conditions of Sale.
You should print a copy of these General Conditions of Sale for future reference.
Please click on the button marked "I Accept" at the end of the purchasing form conditions if you accept them. Please understand that if you refuse to accept these General Conditions of Sale, you will not be able to order any Products from our site. Once you will accept the following General Conditions of Sale, you will be defined hereinafter also as “Clients” or “Client” or “you”.
GENERAL CONDITIONS OF SALE
1. INFORMATION ABOUT US
1.1 www.furla.com/us/en is a site operated by FURLA (U.S.A.), Inc., having its registered office in 432 Park Avenue S., 14th Floor, New York, NY 10016, legally represented by Ms Mariaelena Moncigoli ( we or Furla).
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by people who are either resident in U.S.A. (“Territory”) or are purchasing Products to be delivered in or to the Territory. We do not accept orders for deliveries to any other countries outside the Territory.
3. YOUR STATUS
3.1 By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least [-] years old;
- You are purchasing the Products for your own personal and non-business use; and
- You are purchasing Products for delivery in the Territory.
4. EXECUTION OF THE CONTRACT
4.1 The price and essential characteristics of each Product (along with the relevant Product codes) are displayed on our site. The information displayed on our site does not represent an offer by Furla.
4.3 In order to issue a purchase order you need to register on the website as guest or as normal user.
4.4 To purchase a Product Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment manner, (iv) accept the General Conditions of Sale and (v) send the order proposal to Furla through our site. After completion of the purchase procedure described above the Client will receive a transactional email as proof of purchase of the Products (“Purchase Memo”). In case of return of the Products as per clauses 9, 10 and 11 below, the Client will be required to provide Furla with the Purchase Memo in accordance with the procedures described in the abovementioned clauses.
4.5 Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions of Sale and binding for the Client (with no prejudice to the withdrawal right under Article 9). The sending of the order proposal by you implies your obligation to pay the price of the ordered Product(s).
4.6 Any error/change in data entered by you in the order proposal may be validated by you, following the process described on our site, before sending the order proposal (by way of example: Client may change the quantity of Products that intend to purchase by adding or removing one or more Products from its “Shopping Bag”).
4.8 An order proposal may be refused by Furla (provided that no consideration shall be due by the Client to Furla, with the sole exception of those sums mentioned under Section 12 below, if any) within 30 days at its sole discretion, including in case of
- the Products are not available (with no prejudice to the provision set out under Sections 4.11 and 5.3); or
- a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes;
- 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. We will not be obliged to supply any other Products which may have been part of your order unless such Products have been confirmed in a separate Order Confirmation.
4.10 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 site. The acceptance (or the refusal) by Furla shall be sent to the Client via e-mail at the address provided by the Client in the order proposal (“Order Confirmation”). The contract between us will only be formed when we send you the Order Confirmation.
4.11 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 will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and modalities of payment, information on the conditions and methods to exercise the right of withdrawal (including information on the exclusion of the right of withdrawal for personalised Products), information on delivery charges, the address to which complaints may be addressed, information on support services and on existing commercial terms and a copy of these General Conditions of Sale.
5. AVAILABILITY AND PRODUCT'S INFORMATION
5.1 Information on Products (along with the relevant Product codes) and relevant prices are available on our site.
5.2 The Products available on our site 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. Pictures of the Products displayed on our site may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Product and their characteristics as mentioned in our site.
5.3 Furla reserves the right at any time to limit quantities and/or type of Products available in Website. The style, models and colors 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 is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract.
5.4 In no case Furla shall be liable for errors occurred due to failure of the Client's connection to the Website.
5.5 The maximum number of pieces for each Product included by the Client in the order proposal is 5 pieces.
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 approximate term of delivery is [-] from the date of the Order Confirmation (where payment is made by credit card) or from receipt of the document certifying payment by wire transfer. 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.
6.2 Products shall be delivered to the address indicated by the Client in the order proposal. The signature of the Client (or of a nominated representative) will be required at the time of delivery. Furla shall not deliver to PO Boxes.
6.3 In case of payment by bank transfer, deliveries shall be sent once the transfer has been received in cleared funds by Furla.
6.4 For each order, Furla shall invoice the price of the Product(s) by email or by post to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
6.5 Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
6.6 The purchased Product(s) shall be delivered by a courier service selected by Furla (hereinafter “Courier”); The Courier in charge of the shipment of the Products is UPS. The purchased Product(s) will be delivered on working days (thus excluding Saturdays, Sundays and local or national holidays) within [-] except that a force majeure event or unforeseeable circumstance occurs. In case the delivery has not occurred within the term indicated in the Order Confirmation, you shall notify Furla by filling in the following form and in case of Furla’s failure to deliver the Product(s) in the following three weeks from your communication, the Client shall be entitled to repudiate the contract and Furla shall, without undue delay, reimburse all sums paid under the contract.
6.7 At the time of delivery of the Product(s) by the Courier, the Client (or a nominated representative) is required to verify:
- - that the number of items being delivered corresponds to that indicated on the delivery note; and
- - that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
6.8 Any damages to the packaging and/or the Product(s), or discrepancies in the number of items or documentation must be immediately indicated in writing on 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 Section 10 below.
7. SHIPPING CONFIRMATION
7.1 Furla shall send to the Client a shipping confirmation via e-mail once the Products are dispatched.
8. RISK AND TITLE
8.1 The risk of loss of or damage to the Product(s) 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 You may cancel a contract for a Product at any time within fourteen calendar days, beginning on the day after you received the relevant Product (the “Cancellation Period”). In this case, you will receive a full refund of the price paid for the Product 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. You must also return any related Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation and no refund will be granted.
9.2 The right of withdrawal does not apply to orders for personalised Product, such as, for example, those with the Client’s 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 Product sold by Furla, you must contact Online Support by using the following form.
10.2 The legal guarantees established under [-] law establish that, the Client has the right to have the Product brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select whether having the Product repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above, to have an appropriate reduction in the price of the Product, or the contract cancelled. The Client loses these rights if fails to notify Furla of the lack of conformity within [-] of the date on which the Client has received the Product/ becomes aware of the defect [-] 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: https://returns.furla.com
11.2 When you return a Product to us according to paragraph 11.1 above:
- because you have cancelled the contract between us within the fourteen-day return period (see Section 9.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
- for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these General Conditions of Sale or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the 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.
11.3 It should be understood that you must also return any related Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation and no refund will be granted.
11.4 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 Paypal account of the Client.
12. PRICE AND PAYMENT
12.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
12.2 The prices of the Products are indicated on the Website in USD net of any applicable State Sale taxes and charges. Any applicable State Sales taxes or charges and delivery costs shall be added to the price of the Products and are indicated separately on the order form.
12.3 Our prices are inclusive of any applicable VAT. Delivery costs will be added to the total amount due. In the event that you are entitled to pay a lower rate of Value Added Tax, we will provide you with a reduction in the VAT only after you have sent us and we have received all the necessary and appropriate documentation in order to enable us to properly process that reduction.
12.4 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.
12.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site 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 site, 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.
12.6 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.
12.7 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. Furla accepts payments made with the following credit cards: Visa, Mastercard, Amex, Diners, Discovery, Paypal.
12.8 The transactions will be debited from the Client’s credit card only after:
- the credit card data has been verified;
- the authorization to debit the card has been received from the issuer of the card used by the Client, and
- the availability of the Product has been confirmed by Furla.
12.9 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.
12.10 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 site, 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 site. 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.
14.1 All notices given by you to us must be given to the following form.
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 Section 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 between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ( Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- 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.
17.1 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.
18.1 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. OUR RIGHT TO VARY THESE GENERAL CONDITION 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 policies and General Conditions of Sale in force at the time that you order Products from us, unless any change to those policies or these General Conditions of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these General Conditions of Sale before we send you the shipping confirmation (in which case we have the right to assume that you have accepted the change to the General Conditions of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW JURISDICTION
21.1 These General Conditions and, therefore, the contracts executed with the Clients, are governed by and must be interpreted in accordance with [-] laws.
21.2 Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the exclusive jurisdiction of [-].