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FENDI Customer Care

Last Updated: February 2021

These website terms and conditions of use ("Terms of Use") regulate your use of the website hosted at the URL http://www.fendi.com, including all its sections and areas, if any, which may be dedicated to and reserved for registered users, such as the FENDI&ME section ("Website"). The Website is operated by Fendi S.r.l., with registered office in Palazzo della Civiltà, Quadrato della Concordia 3, 00144 Roma, Italy (hereinafter “Fendi”, “we”, “us” or “our”).
In welcoming you to our Website, we invite you to carefully review these Terms of Use before continuing to access or use the Website. These Terms of Use apply to all visitors and/or users of, the Website. By accessing or using the Website you accept these Terms of Use and agree to be bound by them. If you do not agree with and/or accept these Terms of Use, you cannot use this Website and you must immediately discontinue your access and/or use.

Purposes and Functions of the Website

We use the Website to promote and provide information on Fendi's products, collections and initiatives and to help you to gather information on Fendi, for example regarding where to find shops in which you can purchase our products. Specific sections in our Website, including the FENDI&ME section, if any, may contain and make available additional functionalities. For example, users may be required to register and/or open a personal account if any by inserting their data in order to be granted access to reserved areas and contents. If any, inserted in specific mailing lists and/or receive newsletters relating to Fendi's products and initiatives, participate in marketing initiatives promoted by Fendi, create customized lists of favorite Fendi products and purchase Fendi products online, if applicable, as well as for further purposes. Where opportune, such sections of the Website will be regulated by specific terms and conditions of use, duly made available to users. You should review such specific terms and conditions of use, if any, on the occasion of your access to specific sections of our Website.

Registration and Personal Account

Some sections of the Website allow you to register and open a personal account (“Account”). You are generally not obligated to register for an Account in order to access Website. However, specific functionalities and/or sections of the Website you may wish to access require you to create an Account. We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Account at any given time and you may not allow other people to use your Account to access the Website. Please note that you will be responsible for all activities that occur under your Account (including but not limited to any purchases of our merchandise made through your Account). You are further responsible for maintaining the confidentiality of your Account information and for ensuring that no third party access your Account without your consent. You agree to notify us of any unauthorized use of your username, log-in ID, password or any other breach of security that you become aware of involving or relating to the Website or your Account by contacting us as soon as possible. Fendi is not liable for any loss or damage arising from your failure to comply with these obligations. Please note that Fendi may terminate or suspend your Account at any time and without prior notice to you if: (i) Fendi reasonably believes that you are using your Account in breach of these Terms of Use, (ii) Fendi reasonably believes that a third party is using your Account without your consent, or (iii) Fendi reasonably deems it necessary to terminate or suspend your Account for other purposes. You can cancel your subscription to the FENDI&ME section at any time by accessing the personal area named "my profile".

Processing of your Personal Data by Fendi

In order to enable you to access and use specific sections or functionalities of the Website, including areas dedicated and reserved for registered users, if any, we may ask you to provide certain personal data relating to you. The processing activities we carry out in relation to the personal data you provide to Fendi through our Website are extensively described in our Privacy Policy and information notices available on the Website. To become aware of our practices and policy regarding processing of personal data, we invite you to review the Privacy Policy and the information notices. By using the Website, you acknowledge that any communication carried out through the internet can never be considered as totally confidential and secure and you understand that any information or message submitted to the Website could be read or intercepted by persons other than the legitimate addressees, even in the presence of any notices stating that a particular transmission is encrypted (e.g. a transmission of credit card information).

Our Products

Although Fendi takes reasonable efforts to ensure that the information available on the Website is accurate and updated, Fendi does not make any representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website, including for example product descriptions, indications on prices and/or availability thereof on the Website. The circumstance that certain products or services are included on the Website does not imply any representation or warranty that these products or services will be available through the Website if you wish to purchase such and/or use the same at any particular time. We have made every effort to display as accurately as possible the appearance, and particularly the colors, of our products included on the Website. However, the actual color you see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors. From time to time, we may modify or remove, either temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed on or made available through the Website, or make changes to the applicable prices for any such product or services, or to the circumstances in which we can modify and/or withdraw the products that we may be selling through the Website, without any prior notice to you.

Fendi’s Content

All right, title and interest in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the Website (collectively, "Fendi’s Content") is exclusively owned by Fendi and/or its licensors, if any. All Fendi’s Content is protected by national intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights. Except as set forth in these Terms of Use, the use of any of Fendi’s Content is strictly prohibited.

Fendi’s Trademarks
All trademarks, whether registered, unregistered or under registration, in Italy or abroad, trade names, trade dress, logos, brand names and product names used, displayed or in any way included on the Website (collectively, "Fendi’s Trademarks") are the exclusive property of Fendi or of its licensors, if any. These Terms of Use do not entitle you in any way to use Fendi’s Trademarks and we remind you that the use by you of Fendi’s Trademarks in any manner is strictly prohibited. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors, if any. You do not acquire any right, title or interest in any Fendi’s Content by accessing or using the Website. Any rights not expressly granted herein are reserved.

Your Use of the Website and Fendi’s Content

We grant you a limited license to access and use the Website and Fendi’s Content for your personal and non-commercial use only and always in compliance with these Terms of Use and with all applicable laws, statutes, orders, rules, and regulations. You may not use the Website for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Website or any other party’s use of the Website. In addition, we expect users of the Website to respect the rights and dignity of others.
You hereby acknowledge and agree that you may not and may not permit, assist or allow any third party to:

  • copy, reproduce, publish, transmit, distribute, upload, post, publicly display, perform, encode, translate, modify or create derivative works from, sell, rent, lease, loan, license or otherwise distribute this Website or any Fendi’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site;
  • access or use this Website or any Fendi’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means;
  • use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the Fendi’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Fendi’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
  • access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any Fendi’s server to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
  • probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;
  • breach, or attempt to breach, the protection, security or authentication measures on the Website;
  • disseminate on the Website any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;
  • exploit or use the Website, any Fendi's content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Fendi or others;
  • take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website; and
  • use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  • post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
  • transmit through the Website any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make; or
  • assist or permit any persons in violating this Terms of Use or other applicable laws or rules governing the use of the Website.


Notwithstanding the above prohibitions, you may download or print one copy of specific Fendi’s Content made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms of Use and retain the same solely for as long as you continue to be permitted to access the Website. To use Fendi’s Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Fendi’s Content pursuant to any licenses associated with such Fendi’s Content, (3) not copy or post such Fendi’s Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Fendi’s Content, and (5) make no additional representations or warranties relating to such Fendi’s Content. Fendi reserves the right to discontinue or suspend your access or use of the Website, without notice, if (I) we reasonably deem you have violated the Terms of Use, or (II) we reasonably deem such a measure necessary for security reasons.

Linking

You are granted a limited, non-exclusive right to create text hyperlinks to the Website for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Website does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Fendi’s Content from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Fendi’s Content, but not caches or archives of such Fendi’s Content. We may revoke these permissions at any time.

User’s Content

You are responsible for any information, document, feedback, comment, suggestion, idea, data, text, reviews, posts, images, videos or other materials or content that you submit to the Website or to Fendi with reference to this Website or to the use of this Website or any part or section thereof (“User’s Content”). You agree, represent and warrant that any User Content you post on the Website or transmit through the Website is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through the Website any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. Any User Content shall be deemed non-confidential and non-proprietary. By sending any User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. We reserve the right to use such User Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. Fendi shall have the unlimited right to use any ideas, concepts, know-how, or techniques received by Fendi as User’ Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realized the relevant User Content being entitled to receive any compensation.
By submitting User Content to us directly or indirectly (including through the use of hashtags on third party social media platforms), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Use. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User’s Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

Third Party Content

The Website may contain, use or display content created by third parties, information obtained from public sources and/or links to external web sites or webpages operated by third parties ("Third Party Content"). Fendi does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities that may damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by Fendi of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and Fendi will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content, including liability under the Communications Decency Act, 47 U.S.C. §230. In case you access, in any form or manner, and for any purpose, such Third Party Content, Fendi invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.
We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Website, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Interactive Chat and Chatbots

Our Website may offer chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, an automated computer program or similar technology (“Chatbots”), or some combination of the two.  You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed in to an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.
The Website uses HERO® to offer personal shopping through Chats, SMS, and video calls. Fendi is not responsible or liable for the accuracy, security or reliability of any information provided by a HERO® Chatbot or HERO® live representative and cannot and does not guarantee the availability of the HERO® system. We cannot and do not guarantee that the HERO® application, system, or software will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. We encourage you to review HERO’s® Terms and Conditions.

Consent to Communication
When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Other Policies

This Terms of Use applies exclusively to your access to, and use of, the Website and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain merchandise or services and are included as part of this Terms of Use whether they reference this Terms of Use or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
●    Privacy policies
●    Employment agreements
●    Terms and conditions of sale
●    Return policies
Other policies and agreements are typically found by navigating the Website, typically by checking Website headers and footers and by reviewing hyperlinked terms at the point of sale. The Terms and Conditions of Sale are hereby incorporated by reference and made a part hereof.
Any sweepstakes, contests, or other promotions made available through a Site may be governed by specific rules that are separate from this Terms of Use. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
We have also adopted privacy policies that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.
Should we employ you, none of the materials provided on the Website constitute or should be considered part or of an employment contract.

Termination

The Website and these Terms of Use are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Website or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. The provisions of these Terms of Use concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Fendi’s Content obtained from the Website and all copies thereof; (ii) you will immediately cease all use of and access to the Website; (iii) we may delete or disable access to any of your User’s Content at any time; (iv) and we may delete your Account at any time. You agree that if your use of the Website is terminated pursuant to these Terms of Use, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. We reserve the right to have all violators prosecuted to the fullest extent of the law.
Even after the termination of these Terms of Use or of your Account or access to the Website, any User’s Content you have posted or submitted may remain on the Website indefinitely.

Children

The Website is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR WEBSITE. If you are under the age of majority in your home state, which is 18 in most states, you may not establish an Account with us, and you should use our Website only with the supervision of a parent or guardian who agrees to be bound by these Terms of Use. Additionally, certain sections of the Website, as well as promotions, programs and commerce we may offer on the Website, may be explicitly limited to people over the age of majority. If you are not old enough to access the Website or certain sections or features of the Website, you should not attempt to do so.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such websites.

Warranty and Disclaimer

You hereby acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content. Fendi takes all measures necessary to reduce, as reasonably possible, the risk that the Website and Fendi’s Content contain any viruses and defects. However, Fendi cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, "Equipment") will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Content. You are responsible for procuring the technological, computer and telecommunications means, as well as acquiring the knowledge, necessary to access and use the Website and Fendi’s Content and for the related costs and expenses. Fendi does not warrant that the Website or any Fendi’s Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and the Content are delivered on an “as is” and “as available” basis. In addition, Fendi disclaims all warranties AND CONDITIONS, express or implied, including but not limited to any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose.

Limitation of Liability

To the maximum extent permitted by applicable law, Fendi shall in no event be liable to you or any third party for any damage or loss arising out of use of the Website and/or Fendi's Content or any information contained on or the products which may be sold through the Website, including without limitation, any liability for (a) any loss of or corruption to data, (b) loss of or damage to your technological, computer equipment, hardware or software, (c) any loss or damage which was not foreseeable by you and/or us or which you did not notify us may occur if we breach these Terms of Use or our legal duty of care to you, or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software. Fendi shall not be liable for any SPECIAL, PUNITIVE, CONSEQUENTIAL, OR indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of business opportunities, clients, data or any other loss of intangible goods caused by the use of the Website or by impossibility to use the Website or reliance on the information directly or indirectly made available through the Website. In any case, and where mandated by applicable law, nothing in these Terms of Use excludes or limits Fendi’s liability to you for wilful misconduct or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law. By using this Website, you agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Terms of Use, the sole and exclusive remedy available to you shall be ceasing your use of the Website. Fendi disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to your use of the Website, including without limitation any liability for any Third Party Content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. You finally agree to indemnify and hold harmless Fendi against any legal action, claim, damages, suits, actions, liabilities, judgments, losses, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), that arise directly or indirectly out of or from (i) your breach of any provision of these Terms of Use; (ii) your activities in connection with the Website; or (iii) the User’s Content or other information you provide to us through the WebSite. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it..

Changes to the Terms of Use

Fendi reserves the right to change, modify, revise, add or remove any part of these Terms of Use by updating this document, at any time and without prior notice to you. Changes to these Terms of Use will be communicated by placing a notice on this Website. We thus invite you to check these Terms of Use periodically. If you do not agree with any of such changes, you must immediately cease your access or use of the Website. By continuing the use of the Website following the posting of changes you accept and agree to the changes.
We may assign these Terms of Use at any time with or without notice to you. You may not assign or sublicense these Terms of Use or any of your rights or obligations under these Terms of Use without our prior written consent.

International Users

The products referred to on the Website may only be available in the territory to which that Website is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY WEBSITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT WEBSITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE WEBSITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THAT IN WHICH THE WEBSITE IS OFFERED. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to Italian export controls and are responsible for any violations of such controls, including without limitation any Italian embargoes or other rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms of Use heard by your local courts. These Terms of Use do not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS TERMS OF USE, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS TERMS OF USE AND RESERVE THE RIGHT TO CONTEST THAT FENDI IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE TERMS OF USE, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
U.S. Residents
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS TERMS OF USE.

Any dispute, claim or controversy arising out of or relating to these Terms of Use, other agreements on the Website, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by arbitration in New York, NY, United States of America, before one arbitrator or submitted to small claims court in New York County. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Terms of Use shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Terms of Use, including Rules 16.1 and 16.2 of those Rules
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law and Rules: These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of [insert desired state law], exclusive of conflict or choice of law rules. The parties acknowledge that this Terms of Use evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Terms of Use, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Terms of Use, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.
Prevailing Party: In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Terms of Use) with respect to any final award in an arbitration arising out of or related to this Terms of Use.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Fendi Americas, 555 Madison, 15th Floor, New York, NY 10022. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fendi may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Terms of Use unenforceable, that portion shall not be effective and the remainder of the Terms of Use shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Warranty; (b) Limitation of Liability; and (c) under International Users for U.S. Residents, the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms of Use are found to violate an established legal right.

California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Canadian Residents
L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we 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 us 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 our obligations.

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Canadian Copyright Act: We are committed to complying with Canadian copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by Canadian copyright law. Owners of copyrighted works who believe that their rights under Canadian copyright law have been infringed may take advantage of certain provisions of the Canadian Copyright Act (the “CCA”) to report alleged infringements. It is our policy in accordance with the CCA and other applicable laws to reserve the right to terminate the service provided to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe in our sole discretion is infringing these rights. Any user who feels that a posted message is objectionable or infringing may send us a notice. Upon our receipt of a proper notice of claimed infringement under the CCA, we will seek to respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the CCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The Company-designated agent (i.e., proper party) to whom you should address such notice is: client.services.us@fendi.com.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to client.services.us@fendi.com. You may also contact us by writing to FENDI NORTH AMERICA, INC, 555 Madison Avenue, 15th Floor, New York, 10022 NY, USA..

General Terms
These Terms of Use are governed by and shall be interpreted pursuant to the laws of Italy. The Court of Rome (Italy) shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Website and/or in any way related to the use of the Website or to these Terms of Use, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the users. In the event that any provision of these Terms of Use is deemed unlawful, invalid or unenforceable, such provision shall be modified to the minimum extent required to make it lawful, valid or enforceable and the remainder of these Terms of Use shall remain fully valid and enforceable. These Terms of Use are the entire agreement between you and Fendi relating to the subject matter of the same. All provisions of these Terms of Use apply to the maximum extent permitted by the applicable law. In particular, if you access and/or use this Website as consumers, the mandatory rights granted to you by the applicable law shall not be subject to any limitation. 

Contacting Us

If you have questions about these Terms of Use, or if you have technical questions about the operation of the Website, please contact us by writing us at client.services.us@fendi.com . If you have any questions or comments about Fendi or our products or have other customer service needs, please click here for information on contacting our consumer service representatives.