General terms and conditions for the sale of Fendi products VIA THE FENDI WEBSITE

Welcome to the online store dedicated to Canadian customers, managed by Fendi Canada Inc. (“FENDI”). In addition to the Website Terms of Use (available here) and the Privacy Policy (available here) all documents of which are incorporated herein by reference, these additional terms and conditions of sale (the “Terms and Conditions of Sale”) apply to your purchase. In the event of a conflict between these Terms and Conditions and the Website Terms of Use, these Terms and Conditions prevail.

It is understood that by placing an order on the FENDI online store (the “Store”) located at http://www.fendi.com/ca and http://www.fendi.com/ca-fr (the “Website”) or from FENDI customer service, the customer (“customer” or “you”) acknowledges and accepts these Terms and Conditions of Sale and the Website Terms of Use, all of which form an integral and substantial part of these Terms and Conditions of Sale.

These 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 Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than FENDI, the customer should check the conditions of sale which apply to such transaction. FENDI is not liable for the provision of services or the sale of products by third parties.

1. Vendor identification

For the purposes of these Terms and Conditions of Sale, the vendor is FENDI Canada Inc., located at Commerce Court West, 199 Bay St., Toronto, ON M5L 1G9. 

The Customer should address any communication to FENDI by telephone or e-mail using the following contact information:

• Telephone Number:  +1 (416) 783-7129
• Email Address:  customercare.americas@fendi.com 

2. Product orders

You may only place an order if you are domiciled in Canada and are of legal age. By placing an order, you represent and warrant that you meet both requirements. 

Orders may be placed in English via this Store, or from FENDI Customer Service, on Monday through Friday from 9:00 A.M. EST to 9:00 PM EST and Saturday through Sunday from 9:00 AM EST to 6:00 PM EST, excluding public holidays. 

The customer must provide FENDI a valid e-mail address to which any information concerning the order will be sent. Each online order 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. Fendi may cancel or modify any order that exceeds these maximums without prior notice to you. 

FENDI reserves the right to modify the limits for the quantity and/or types of products that may be purchased online, at any time. These modifications and deletions will apply immediately and to all future purchases of products or services. FENDI will not provide any notice to the customer of these modifications unless required by law, in which case we will provide the customer with the required notice under applicable law.  For Quebec customers or customers from other Canadian provinces where applicable, FENDI will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending FENDI a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in FENDI’S obligations. 

FENDI reserves the right to not accept orders which are incomplete, incorrect, or that contain unavailable products. If FENDI exercises such right, FENDI will inform the customer that FENDI has exercised such rights, providing the reasons for doing so. 

Although FENDI takes reasonable measures to help ensure the photographs and product descriptions on the Store faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due to the customer's computer's technical characteristics and color resolution, among other things. Consequently, FENDI is not responsible for any inaccuracies in the graphic representation of the FENDI products displayed on the Store.

3. Product prices

Product prices include all taxes and duties, shipping costs, unless otherwise stipulated on the fendi.com website or on the order page. The price of each product is displayed for the customer prior to completion of the order. All prices are in Canadian dollars.

4. Completing the order

The purchase procedure is complete once the customer confirms the order. The customer may correct the order before confirmation or can cancel the order before its completion by leaving the Website without having confirmed the order. The customer’s order is binding on the customer once the confirmation of successful completion of the order is presented via the Website or is sent by FENDI to the e-mail address indicated by the customer during the order process. Such confirmation typically includes the number and date of purchase, the product ordered, its price, the amount paid and any right to return product.

The customer may cancel the order by telephone to FENDI Customer Service only before ordered products have been shipped.

5. Conditions of payment

The customer must make payment via one of the methods of payment indicated on the Website. 

For payment, the customer must confirm on the Website that they are the card holder and that the name indicated on the credit card is theirs; 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.

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 your available card funds until the fulfilment of the order. Should an order be cancelled in whole or in part before shipment, you 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.

Payment can also be made via PayPal. Should the customer choose PayPal as their payment method, they will be redirected to an external PayPal website where payment will be completed following PayPal procedures and subject to additional terms and conditions from PayPal. Payment card data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with FENDI. FENDI therefore has no knowledge of the payment information connected to the customer's PayPal account. Refunds for customers using PayPal will be credited to the customer's PayPal account. FENDI is not responsible for any delays or omissions in PayPal crediting the customer with the refund. To contest these cases the customer must contact PayPal directly. The customer expressly acknowledges and agrees that, when entering their data into the PayPal website to make their first purchase, a specific procedure entitled "Reference Transaction" will be automatically activated, which - through an automatic customer recognition system - will allow them to complete any future orders with PayPal without having to sign in using their credentials again. The customer can disable the "Reference Transaction" at any time by going to the specific section 3.11 (Cancelling Recurring Payments) of the PayPal website below: (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full).

6. Delivery

Following order transmission via the Website, the customer can monitor delivery of the order from the "Track your order" page on the Website. The customer can also contact FENDI Customer Service by telephone or e-mail to request information on delivery.

Without prejudice to the exception below, articles purchased on the Website will be delivered only to the address indicated by the customer in Canada. No deliveries will be made to post office boxes, army bases, or courier collection points.

The customer is responsible for the loss or damage to the products ordered beginning at the time at which the customer or a third party designated by the customer and different from the carrier takes delivery of the products. Therefore, if, at the time of delivery, the exterior of the package is damaged, the customer or other recipient, in the case of a gift, must open the package in the presence of the carrier to check the condition of the product inside. If the product is damaged, the customer (or recipient) must detail all observed damage on the delivery note. Any claims must be made as described below.

Should the customer make a claim for loss, non-compliance or damage to the product, FENDI will review the accuracy and validity of such claims and may replace the product free of charge when available, or refund the customer, upon express customer request, according to the terms and conditions described below.

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 prevents 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.

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 30 days of the day the order is made, upon receipt of payment, except where FENDI informs the customer, within the same period, of non-acceptance of the order pursuant to section 4 above.

The customer will have the following options:

1. for items immediately available, the customer can choose from: 

• Overnight Delivery in 1 business day on orders placed by 1pm ET (orders placed after 1pm ET will be delivered in 2 business days) - $35;
• Expedited Delivery in 2 business days on orders placed by 1pm ET (orders placed after 1pm ET will be delivered in 3 business days) - $25; 
• Complimentary Standard Delivery in 6-8 business days; 

2. items that are not immediately available will be shipped with Complimentary Standard Delivery (6-8 business days);
3. pick-up in store: delivery times can vary from 1 to 8 business days. This service is subject to the specific terms and conditions available in the Pick-Up in Store section below. All delivery options available for your order will be displayed at checkout.

The delivery terms are merely indicative.

The customer may contact Customer Service should he/she wishes to change the delivery date. In any case, the e-mail sent by FENDI to the customer contains 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.

7.  Pick-Up in Store

FENDI offers its customers the possibility of picking up the orders at certain boutiques.

To take advantage of this service, the customer must select "Pick-Up in Store" at the time of the order and select a store from the list on the Website.

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 canceled and will be returned to FENDI. The customer will be refunded the purchase price of the products.

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.

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.

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.

The Products picked up in store are subject to the same terms and conditions for returns and exchanges under sections 8 and 9 of these General Terms and Conditions of Sale. Should the Customer wish to return or exchange the purchase, the procedure described in section 9 of these General Terms and Conditions of Sale can be followed.

8. Order Accuracy
The customer must check the products at the time of delivery, to confirm that they match the articles ordered.

If the delivered product is incorrect, the customer should promptly notify FENDI and FENDI will use reasonable efforts to fix the issue through refund or replacement, unless the requested remedy is objectively impossible or excessively costly. Any such notification must be within two (2) months from the date of delivery.

FENDI must be notified of any customer request for one of the remedies listed above using the Contact Us page available here (which can be completed on the Website).

9. Returns and Refunds - Withdrawal 

9.1 Return and refund via the Website / 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 fourteen (14) 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;
• return the item purchased on the Website 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 authorising 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 fourteen (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.).
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.
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. Products from the following categories cannot be returned: swimwear, marked down items, furs.

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, include delivery costs (excluding additional costs for special deliveries described in section 6 above).

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.

9.2 Return and exchange in store

The customer may also return an item purchased on the Website 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. 

For the return to be accepted by FENDI, the conditions set forth in section 9.1 shall apply. 

The customer may request an exchange in store of the item purchased on the Website 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.

10. Force majeure

Performance of services and sales of products by FENDI may be suspended in the event of a force majeure event preventing or delaying its performance including, but not limited to, acts of god, fires, storms, floods, accidents, explosions, epidemics, earthquakes, quarantine restrictions, civil or military authority, acts of public enemy, war, terrorism, acts of the government loss or interruption of electrical power or other public utility, freight embargoes, delays in transportation or other circumstances beyond the control of FENDI.

FENDI will use reasonable efforts inform the customer of these unforeseeable and, in certain cases, may allow for the cancellation or modification of customer orders in response.

11. Limitation of liability

To the extent provided by applicable law, 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 fulfillment is necessary to achieve the objective of the contract.

In the case of infringement of essential contractual obligations, the supplier is only liable for the foreseeable damage that is typical for the contract, if this is simply caused by negligence, unless the customer is claiming damages from injury to life, body or health.

The limitations stated in this section shall also apply to the legal representatives and vicarious agents of the provider if claims are directly asserted against them.

The applicable provisions on the product liability shall remain unaffected.

12. Product authenticity and intellectual property rights

FENDI guarantees the authenticity and quality of all the products sold on the Webite.

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.

Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.

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. Competent jurisdiction and applicable law

The competent jurisdiction and applicable law for sales made on the Website is that of the customer’s place of residence or domicile. 

SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALIZED AND/OR SPECIALLY PRODUCED PRODUCTS

For certain products, FENDI also offers the following services:

1. Product personalization through embroidery/printing of initials (hereafter “Personalised Products”); and
2. Possibility of ordering products that are not yet available in stores at the time of order (“Pre-ordered Products”).

For Personalized Products and Pre-ordered Products, the following apply:

1. The special terms and conditions of sale indicated below, and
2. 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 Terms and Conditions of Sale above.

Article 1: Orders and Payment

For Personalized Products and Pre-ordered Products, the following apply:

1. The customer acknowledges and accepts that during the use of the personalization service, their choice for the creation of the personalized 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 completed in order to express one’s choices regarding the creation of the personalized product.
2. 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 personalized products.

For Personalized Products, payment information is debited when the product is shipped.

Article 2: Delivery of Pre-ordered and Personalized Products

Delivery estimates for Personalized Products are merely estimates only. FENDI will inform the customer of shipping once the Personalized Product is shipped. If the customer purchases several Pre-ordered Products or Personalized Products with different delivery dates in the same order, they may 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

Because of the clearly personalized nature of Personalized Products, and the fact that they are produced specifically for the customer based on a specific order, they cannot be returned, refunded or exchanged. Similarly, the customer does not have the right to cancel the order, once placed.