TERMS AND CONDITIONS OF SALE
General terms and conditions for the sale of FENDI products via the official FENDI.COM website (the “Site”).
1. Scope
(1) the company Fun Fashion Emirates LLC (hereafter, “FENDI” or the “Vendor”) sells products covered by the “FENDI” trademark in the United Arab Emirates.
(2) These General Terms and Conditions of Sale are applicable to all distance sales of FENDI products via the Site, including with telephone assistance provided by FENDI Customer Service. Distance sales, as regulated herein, were designed in compliance with the UAE Consumer Protection Law.
(3) The use of the distance sales service described herein is reserved solely for end-user customers/consumers. The term “Customer” is to be understood as any natural person who enters into a legal transaction for purposes that are predominantly outside his/her trade, business or profession. The resale, rental, or transfer for commercial or professional reasons of products purchased on the Site is strictly forbidden.
(4) FENDI may modify these General Terms and Conditions of Sale at any time. Therefore, the Customer is asked to accept these General Terms and Conditions of Sale in force at the time of purchase, a copy of which will be sent to the Customer at the e-mail address provided by the Customer.
(5) These General Terms and Conditions of Sale are published on the Site for the Customer's knowledge, storage and reproduction.
(6) It is understood that by placing an order on the Site, the Customer hereby fully and unconditionally acknowledges and expressly accepts these General Terms and Conditions of Sale, which form an integral and substantial part of these recitals.
(7) These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than FENDI, even in cases in which they are presented on the Site via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than the Vendor, the Customer is invited to check the applicable conditions of sale thereto. In no case can the Vendor be held liable for the provision of services by third parties.
(8) Please consult the Privacy Information Notice for information on the processing of Customer personal data.
2. Product orders
(1) Orders may be placed directly by persons of legal age who are not under legal disability.
(2) Orders may be placed in English via the fendi.com.
(3) The Customer must provide FENDI a valid e-mail address to which required information, information under these General Terms and Conditions of Sale and any information concerning the order will be sent.
(4) Each distance sale order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products, up to a maximum of seven products per order, of which a maximum of two units per same article.
(5) FENDI reserves the right to modify the limits for the quantity and/or types of products that may be purchased via distance sales, at any time.
(6) The Customer is responsible for selecting the articles of interest to him/her. The Customer's shopping cart and the order summary sent to the Customer following completion of the purchase include a description of the products ordered, including measurements and sizes (where applicable), and a digital photograph allowing a correct representation of the products available on the Site.
(7) Although FENDI takes all appropriate measures to ensure the photographs on the Site faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due to (but not limited to) the Customer's computer's technical characteristics and/or color resolution. Consequently, any confirmation regarding the condition or characteristics of a product shall at all times be subject to the possibility of inaccurate representation on the Customer's computer; as such, FENDI does not (implicitly or explicitly) guarantee or warranty, in any way, the condition, representation and/or characteristics of any products on the Site due to the technical reasons listed above.
(8) The Customer must click on the shopping cart icon to view the selected articles and total price of the articles ordered. The Customer is asked to verify the content of the shopping cart before completing the purchase form in accordance with the instructions provided on the Site, and to confirm that he/she has read and unconditionally accepted these General Terms and Conditions of Sale.
(9) Should the Customer need to modify (an article or quantity) or correct any errors in the order, he/she must follow the instructions on the Site.
3.Product prices
(1) Product prices include all taxes and duties, ordinary shipping costs, unless otherwise stipulated on the Site or on the order page.
(2) The price of each product is displayed for the Customer prior to completion of the order. All prices are in local currency and include VAT, if applicable.
4.Completing the order
(1) The purchase procedure is deemed completed only once the Customer confirms the order. Upon confirmation, the order is sent directly to FENDI.
(2) The Customer may correct or cancel the order before its completion by leaving the Site without having confirmed the order.
(3) These General Terms and Conditions of Sale are available on all pages of the Site via the links in the footer.
(4) After the Customer has clicked on "payable order", an e-mail notification is automatically sent via the access of the order to the Customer. This is not yet the acceptance declaration of FENDI.com. A contract has not yet come about at this time.
(5) FENDI considers the Customer's order to be binding only once the entire purchase procedure has been properly completed, without any errors being identified by the Site and/or FENDI. The contract between FENDI and the Customer is considered concluded only once the Customer receives formal confirmation of successful completion from FENDI to the e-mail address indicated during the order process, sent in respect of the specific purchase procedure. Upon receiving such confirmation, the Customer will also receive a copy of these accepted General Terms and Conditions of Sale and a complete summary of the order for his/her records.
(6) Before FENDI sends the confirmation of the successful conclusion of the order/binding contract, FENDI has the right to accept or reject orders which do not provide sufficient guarantees of solvency or which are incomplete or incorrect or if the ordered products are unavailable. In this case, FENDI will inform the Customer that the contract is not concluded and that it is not following up on the order, providing its reasons for doing so. The Customer shall be informed within 30 days of transmission of the order to FENDI of such cancellation, if applicable. Any amounts already paid by the Customer at the time of cancellation for the order will be reimbursed.
(7) Following successful conclusion of the contract, the Customer will receive written confirmation of the order to the indicated e-mail address, including the number and date of the purchase, the product ordered, its price, the amount paid, the right of withdrawal (except in cases where this right is excluded – i.e. Personalised Articles), an indication of the times and instructions for returning goods, the mailing address for complaints, information on customer service, legal and commercial guarantees (if applicable) and the right to use out-of-court resolution mechanisms for complaints or appeals.
The Customer may cancel the order by telephone to FENDI Customer Service only before any ordered products have been prepared for shipment by FENDI.
5. Conditions of payment
(1) The Customer must make payment via one of the methods of payment indicated on the order form.
(2) In order to help prevent internet fraud, payments made via the Site are managed online by the bank in question using tools provided by Adyen.
(3) Adyen shall be responsible for securely storing and automatically processing order data including credit card information, pursuant to the terms and conditions found on Adyen’s site.
(4) For payment, the Customer must confirm on the Site that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiry date and security key indicated on the card. Upon completing the order, the Customer's bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen. Validity of the Customer's card may be confirmed via a payment authorization at a cost of €1.00. This authorization is not debited.
For most payment methods, the total price of the order is credited immediately after checkout. For credit and debit card payments, the total price of the order is pre-authorised after checkout, and credited when the order is processed. The pre-authorization may result in a “hold” on the Customer’s available card funds until the fulfilment of the order. Should an order be cancelled in whole or in part before shipment, the Customer will not be charged for the price of the unshipped items: any pre-authorised amount will be released.
For pre-order items, the total amount is always credited immediately after checkout. In this case, should an order be cancelled in whole or in part before shipment, any paid amount will be refunded.
(5) If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically cancelled.
6. Retention of title
The delivered goods remain the property of FENDI until full payment has been received.
7. Delivery
(1) Following order transmission via the Site, the Customer can monitor delivery of the order from the "Track your order" page of the Site.
(2) The Customer can contact FENDI Customer Service by telephone or e-mail to request information on delivery.
(3) Without prejudice to the exceptions below, articles will be delivered only to the address indicated by the Customer in the following countries/regions: United Arab Emirates.
(4) No shipping address (or delivery request) will be accepted outside the Territory referenced above.
(5) The Customer may request delivery to the physical person of his/her choice, whose residence or domicile is within the Territory. No deliveries will be made to post office boxes, collection points or General Delivery addresses.
The Customer acknowledges and accepts that:
- the ordered articles will be delivered to the residential or commercial address provided by the Customer at the time of the order; the Customer cannot proceed with redirecting packages and prevent Courier’s drivers from rerouting deliveries when recipients are not at home;
- if the address for delivery is located in a building covered by a reception/concierge service, the delivery will be considered fully accomplished at the moment of delivery by the Courier to the reception/concierge. Therefore, the property of the goods will pass to the Customer at the moment of their delivery to the reception/concierge.
(6) Articles are delivered to the address indicated by the Customer only once payment for the order has been registered. FENDI fills orders within a maximum of thirty (30) calendar days from the day the order is made and upon receipt of payment, except where FENDI informs the Customer, within the same period, of non-acceptance of the order pursuant to article 4 above.
(7) The Customer has the following delivery options as stipulated in the checkout page and depending on the country/region of delivery and type of product:
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Ordinary shipping with the courier (the “Courier”): delivery will be made between 2-3 business days and 6-8 business days after purchase (depending on the country/region and type of product). It may require up to 5-7 extra days if we're shipping the items from one of our stores.
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Pick Up in Store: delivery is made 4-6 business days depending on the country/region of delivery exclusively to participating FENDI Boutiques, listed on thefendi.com website, and subject to the specific terms and conditions available in the Pick Up in Store section.
Exclusively for delivery in the Emirates of Dubai, Sharjah and Ajman and only for items immediately available in store (Dubai Mall), delivery will be made:
- on the same day of the purchase for orders placed by 11am;
- on the next day after purchase for orders placed between 11am and 5pm;
- in 2 business days after purchase for orders placed after 5pm.
All delivery options available for the Customer’s order will be displayed at checkout.
(8) The delivery terms are merely indicative.
(9) Shipping costs for article 7(7) points i) and ii) are included in the sale price.
(10) All shipping costs, including additional costs charged to the Customer are itemised in the order form at the time of purchase on the Site. Additional shipping costs are not refunded in the case of article exchanges or returns, exception being made in case of defective products.
(11) The Customer may contact Customer Service should he/she wish to change the delivery date. In any case, the e-mail sent by FENDI to the Customer shall contain a tracking code and an exclusive link to track the shipment in real time. FENDI's Customer Service can provide assistance for any delivery problems.
8. In-Store Pick-Up
(1) FENDI offers its Customers the possibility of picking up distance-sale orders at certain Boutiques.
(2) To take advantage of this service, the Customer must select "In-Store Pick-Up" at the time of the order, and select a store from the list on fendi.com.
(3) FENDI will inform the Customer via e-mail when the products ordered are available for pick-up at the selected store. Orders will be available for pick-up for a maximum of 14 days from the sending of the pick-up notice. Upon expiration of the delivery period, the order will be considered to be cancelled and will be returned to FENDI. The Customer will be refunded the purchase price of the products.
(4)The Customer must print the pick-up notice e-mail and take it to the selected store along with a valid piece of identification for pick-up.
(5) The Customer must pick up the order in person, or delegate another person to pick it up on his/her behalf. In this case, the products are delivered only to the person bearing a written proxy signed by the Customer having made the purchase and a copy of the Customer's proof of identity, in addition to the documents indicated for pick-up by the Customer. The proxy is available on the fendi.com website.
(6) The staff at the store chosen for pick up may refuse to deliver the purchase in the event the Customer fails to respect the pick-up procedure.
(7) The Products picked up in store are subject to the same terms and conditions for returns and exchanges under article 10 of these General Terms and Conditions of Sale. Should the Customer wish to return or exchange the purchase, the procedure described in article 10 of these General Terms and Conditions of Sale can be followed.
9. Warranty
(1) FENDI's liability for any defective material will be governed by the applicable legal provisions.
(2) Any lack of conformity in the products purchased at fendi.com will be subject to the Legal Warranty stated on the Site.
(3) An additional warranty covers the goods supplied only if it is expressly provided for in the order confirmation for the item in question.
(4) The Customer is not entitled to make a claim for defective products if they are the result of an alteration made by the Customer or a third party, unless the Customer can prove that the defect already existed at the time of delivery.
(5) No charge is made to the Customer’s credit card if the order is cancelled. If the credit card has already been charged, the Customer will be promptly reimbursed.
10. Returns and Refunds – Withdrawal
10.1 Return and refund via fendi.com/selected Fendi flagship stores
The Customer's right of return must be exercised as described below.
The right of return must be exercised by the Customer within 14 (fourteen) days of the date of delivery to the Customer or a third party on its behalf. To exercise the right of return, the Customer must:
- contact Customer Service or follow the online procedure and obtain a return code. Once the Customer has obtained a return code, they must contact the designated courier for pick up and attach the printed return label on the package; OR
- return the item purchased on fendi.com or in selected Fendi flagship stores within the same country/region where the order was originally delivered. In such a case, the Client Assistants will take care of authorizing the return and shipping the items to the Fendi warehouse for quality control and acceptance.
For the return to be accepted by Fendi, the products must be returned within 14 days of the date on which the Customer informed Fendi of his/her wish to return the purchase with the return form via the online procedure, by telephone to Customer Service, or in a Fendi store, in order to obtain a return code.
The return must in all cases respect the following conditions:
1. The products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.). Fragrances need to be shipped separately, using the original boxes they were delivered in.
2. The products must be accompanied by the purchase receipt.
3. Products returned by the Customer must not have been damaged, used, worn or washed, but may be handled and inspected to determine their nature and characteristics. The soles of shoes must be perfectly intact. FENDI strongly recommends that Customers try on FENDI shoes on a particularly soft and smooth surface.
4. Labels and security tags must still be attached to the products. Fragrances can only be returned if the packaging is unopened, with the seal intact.
5. Damaged goods being returned must be in the condition in which they were received by the Customer; the Customer must not attempt to modify, handle or repair them.
6. For products with seals, such as Swimwear, returns are only possible if the seal is intact and the product is unused.
FENDI reserves the right to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.
FENDI also reserves the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. FENDI cannot be held liable for lost or stolen products beyond its control, or for returns to the wrong address, or for delivery delays of returned products beyond its control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.
In the event of withdrawal, the Customer will be refunded all payments made to FENDI, according to the method of payment chosen for the purchase, and for the product for which withdrawal was exercised.
FENDI will refund these amounts upon receipt of the returned product or when the Customer proves that he/she has correctly sent the product to FENDI. Refunds are credited to the method of payment used by the Customer for payment. Refunds are at no charge to the Customer.
10.2 Return and exchange in store
The Customer may also return an item purchased on fendi.com for exchange or store credit in selected Fendi flagship stores within the same country/region where the order was originally delivered.
The availability of the Return in Store and Exchange in Store services can be verified through the Store Locator page, clicking on the store of your choice.
Please note Fragrances cannot be returned or exchanged in-store.
For the return to be accepted by FENDI, the conditions set forth in art. 10.1 shall apply.
The Customer may request an exchange in store of the item purchased on fendi.com having a price equal or higher than the price of the original item(s) being exchanged.
In case the Customer requests an exchange in store of the item purchased on fendi.com having a price lower than the price of the original item(s) being exchanged, the Customer will receive a store credit for the balance (with a 1-year validity, except if differently provided by the applicable law).
In case of return with no required exchange, the Customer will receive a store credit (with a 1-year validity, except if differently provided by the applicable law) for the full amount equal to the purchase price originally paid.
11. Limitation of liability
(1) Claims of the Customer for damages are excluded, except in the following cases: Claims for damages resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by FENDI, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the case of infringement of essential contractual obligations, FENDI is only liable for the foreseeable direct damage that is typical for the contract, if this is simply caused by negligence, unless the Customer is claiming direct damages from injury to life, body or health.
(3) The limitations of paragraphs (1) and (2) shall also apply to the legal representatives and vicarious agents of FENDI if claims are directly asserted against them.
(4) The applicable provisions on the product liability shall remain unaffected.
12. Product authenticity and intellectual property rights
(1) FENDI guarantees the authenticity and quality of all the products sold on the Site.
(2) The FENDI trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on FENDI products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of FENDI S.r.l., with registered office at Palazzo della Civiltà, Quadrato della Concordia 3, 00144. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of FENDI S.r.l. This clause is not applicable to the private use of the FENDI products.
(3) Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.
(4) Reproduction in whole or in part, modification or use of drawings, models or patents which are the exclusive property of FENDI S.r.l. is also strictly forbidden.
13. Force majeure
(1) Performance of services by FENDI may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.
(2) FENDI will inform the Customer of said unforeseeable circumstance or force majeure within seven (7) calendar days of its occurrence. Should the suspension of the services last more than fifteen (15) calendar days, the Customer may cancel the order and receive a refund of amounts already paid.
14. Privacy
(1) The Customer may always obtain information on how FENDI processes his/her personal data in our Privacy Information Notice.
15. Competent jurisdiction and applicable law
(1) These General Terms and Conditions of Sale are governed by UAE law in particular by the UAE Civil Code and the UAE Consumer Protection Law, excluding conflict laws and private international law. The competent jurisdiction for sales made on the fendi.com website is that of the Customer's place of residence or domicile. Should his/her domicile or residence not be found, all disputes arising hereunder shall be subject to the non-exclusive jurisdiction of the courts of Dubai, United Arab Emirates.
(2) For dispute settlement, the Customer may seek mediation. Out-of-court dispute settlement is also possible.
In the event of a discrepancy between the General Terms and Conditions of Sale in Italian and in another language accepted by the Customer, the meaning and interpretation of the General Terms and Conditions of Sale in English shall prevail to the maximum extent permissible by applicable law.
SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALISED AND/OR SPECIALLY PRODUCED PRODUCTS
For certain articles, FENDI also offers the following services:
i. Product personalisation (hereafter "Personalised Products);
ii. Possibility of ordering products that are not yet available in stores at the time of order ("Pre-ordered Products").
For Personalised Products and Pre-ordered Products, the following apply:
a. The special terms and conditions of sale indicated below, and
b. The general terms and conditions of sale indicated above in so far as they are not expressly or implicitly affected by the following special conditions.
The terms used beginning with a capital letter in these special conditions have the same meaning as in the General Terms and Conditions of Sale above.
Article 1: Orders and Payment
For Personalised Products and Pre-ordered Products, the following apply:
a. The Customer hereby unconditionally acknowledges and accepts that during the use of the personalisation service, his/her choice for the creation of the personalised product is saved only for the duration of the current session. Should the current session be interrupted before the order has been placed, a new session must be begun and sent in order to express one's choices regarding the creation of the personalised product.
b. Once the order has been sent by the Customer and confirmed by FENDI, the Customer is informed via e-mail of order acceptance and subsequently of shipping of the personalised products.
The provisions of article 4 of the General Terms and Conditions of Sale apply to the debit of the price of the Personalised Products and/or Pre-ordered Products; i.e. the credit card is debited when the product is prepared for shipping.
Article 2: Delivery of Pre-ordered and Personalised Products
Contrary to that stipulated in article 7 of the General Terms and Conditions of Sale, Personalised Products and/or Pre-ordered Products may be delivered in a time slot indicated on the Site; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely indicative. FENDI informs the Customer of shipping by e-mail as soon as the products are available. If the Customer purchases several Pre-ordered Products or Personalised Products with different delivery dates in the same order, they will all be shipped together at the latest delivery date, or at FENDI's discretion, based on availability.
Article 3: Returns and Exchanges of Personalized Products
The right to revoke the contract is excluded with respect to personalized products. Please note it is not possible to return personalized items, exception being made in case of defective products.
[Last updated on June 20, 2024]