General terms and conditions for the sale of FENDI products VIA THE FENDI.COM WEBSITE.
1. Scope
(1) the company Fendi U.K. Limited (hereafter, “FENDI” or the “Vendor”) sells products covered by the “FENDI” trademark in the United Kingdom.
(2) These General Terms and Conditions of Sale are applicable to all distance sales which means sales of FENDI products via the fendi.com website (the “Site”), and/or made with telephone assistance provided by FENDI Customer Service. .
(3) The use of the distance sales service described herein is reserved solely for consumers – in other words only consumers can buy FENDI products via the Site. The term “Customer” is to be understood as meaning a consumer, which means any natural person who enters into a legal transaction for purposes that predominantly are outside his 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 the 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 fendi.com website, the Customer fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale.
(7) These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by organisations other than FENDI, even in cases in which they are presented on the Official Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from organisations other than the Vendor, the Customer is invited to check the conditions of sale applied. In no case can the Vendor be held liable for the provision of services or products 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 website, or from FENDI Customer Service, Monday to Friday, from 10 a.m. to 7 p.m. CET, excluding public holidays.
(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 the Customer's computer's technical characteristics and colour resolution. Consequently, any confirmation about the appearance of a product is subject to any inaccurate representation on the customer's computer, for which FENDI is not responsible. FENDI does not guarantee that the FENDI products are identical to the graphic representation of the FENDI products shown on the website with respect to colouring for 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 placing the order.
(9) Should the Customer need to modify (an article or quantity) or correct any errors in the order, he/she should follow the instructions on the Site.
3. Product prices
(1) Product prices include all taxes and duties, shipping costs, unless otherwise stipulated on the fendi.com website 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 GBP (pound sterling) as stipulated on the fendi.com website or on the order page, and include VAT.
4. Completing the order
(1) The purchase procedure is complete 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 website without having confirmed the order.
(3) The General Terms and Conditions of Sale are always available on all pages of the website via the links in the footer.
(4) After the customer has clicked on "place order", an automatic e-mail is sent to the customer. This is not yet the acceptance declaration of FENDI. A contract between the customer and Fendi has not yet been formed at this time.
(5) FENDI considers the Customer's order to be binding once the entire purchase procedure has been completed properly, without any errors being identified by the Site. The contract between FENDI and the Customer is to be considered concluded when the Customer receives confirmation of acceptance of the order from FENDI at the e-mail address indicated during the order process, sent in respect of the purchase procedure. With this confirmation, the Customer also receives a copy of these accepted General Terms and Conditions of Sale and a complete summary of the order.
(6) Before FENDI sends confirmation of the acceptance of the order to the customer, FENDI reserves the right to decide whether or not to accept orders where the payment card used is rejected or where the order is incomplete or incorrect or if products are unavailable. In this case, FENDI will inform the Customer that the contract is not concluded and that it is not accepting or fulfilling the order, providing its reasons for doing so. The Customer is informed of any non-acceptance within 30 days of transmission of the order to FENDI. Any amounts already paid by the Customer for the order will be reimbursed via the same method of payment.
(7) Following conclusion of the contract, the Customer will receive written confirmation of the order at the indicated e-mail address, including the number and date of purchase, the product ordered, its price, the amount paid, the right of withdrawal (except in cases where this right is excluded - Personalized Articles), indicating the times and instructions for returning goods, the mailing address for complaints, information on customer service, legal and any commercial guarantees 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 until ordered products have been prepared for shipment.
5. Conditions of payment
(1) The Customer must make payment via one of the methods of payment indicated on the Site.
(2) In order to prevent internet fraud, payments made via the fendi.com website are managed online by the bank in question using tools provided by Adyen.
(3) This company is responsible for securely storing and automatically processing order data including credit card information.
(4) For payment, the Customer must confirm on the fendi.com website 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, expiration date and security code 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 cost is not debited from the Customer’s payment card.
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 by the Customer 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.
5.1 PayPal
(1) Without prejudice to the previously mentioned article 5, the payment of products purchased on the website fendi.com can be paid via PayPal. Should the Customer choose PayPal as their payment method, they will be redirected to the website www.paypal.com where the payment for the products will be carried out following the procedure envisaged and regulated by PayPal and the contract terms and conditions as agreed between the user and PayPal. The 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 and cannot record in any way the details of the credit card connected to the Customer's PayPal account or any other payment instrument connected to said account.
(2) In the event of payment via PayPal, the total amount due will be debited by PayPal from the Customer when the order is accepted and the contract is formed. In the event of the termination of the purchase contract and for any other type of refund, for any reason, the refund will be credited to the Customer's PayPal account. The time required to credit the payment instrument connected to said account depends exclusively on PayPal and the banking system. Once the credit order in favour of said account has been arranged, FENDI cannot be held responsible for any delays or omissions in crediting the Customer with the refund. To contest these cases the Customer must contact PayPal directly.
(3) 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 (Canceling Recurring Payments) of the PayPal website (https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full).
6. Retention of title
(1) The delivered goods remain the property of FENDI until full payment has been received.
7. Delivery
(1) Following order transmission via the fendi.com website, the Customer can monitor delivery of the order from the "Track your order" page on the fendi.com website.
(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: England, Scotland and Wales, Northern Ireland, hereinafter the “Territory”. Please note shipping restrictions for Fragrances may apply for Scotland and Northern Ireland.
(4) No shipping address (or delivery request) will be accepted outside the Territory.
(5) The Customer may request delivery to the individual 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 redirect packages and Fendi 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 completed at the moment of delivery by the Courier to the reception/concierge. Therefore, the ownership 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 received. FENDI fulfils orders within a maximum of 30 days after the day the order is made, following 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:
i. 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.
ii. 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 the fendi.com website, and subject to the specific terms and conditions available in the Pick Up in Store section. Some items, such as Fragrances, may not be available for Pick Up in Store.
All delivery options available for your order will be displayed at checkout.
(8) The delivery terms are merely indicative.
(9) Shipping costs for article 7 points i) and ii) are included in the sale price.
(10) All shipping costs, including additional costs charged to the Customer are itemized in the order form at the time of purchase on the fendi.com website. If you exercise the right of cancellation set out in article 10, FENDI will only refund the standard delivery costs. Additional shipping costs (such as payment for express delivery, or delivery at a particular time) are not refunded in the case of article exchanges or cancellations (but this does not apply where the product is faulty).
(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 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.
8. In-Store Pick-Up
(1) FENDI offers its Customers the possibility of picking up distance-sale orders at certain Boutiques. Some items, such as Fragrances, may not be available for Pick Up in Store.
(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 this 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 authorise another person to pick it up on his/her behalf. In this case, the products will be delivered only to the person who can produce a written authorisation (in the form of the “proxy” on the FENDI website) 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 hand over the products 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 set out in these General Terms and Conditions of Sale. Should the Customer wish to return or exchange the products, 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 products will be governed by the applicable legal provisions. If the Customer thinks there is something wrong with a product, the Customer must either bring it into one of the FENDI stores or contact our FENDI Customer Service team. FENDI honours its legal duty to provide Customers with products that are as described on our website and that meet all the requirements imposed by law. The Customer’s legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of the Customer’s key legal rights
- The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get a refund.
- Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.
(2) An additional warranty covers the goods supplied only if it is expressly provided for in the order confirmation for the item in question.
(3) 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.
(4) 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. Likewise, if payment is made via PayPal at the time the order is placed, the Customer will be promptly reimbursed if the order is cancelled.
10. Returns and Refunds
The Customer's right of cancellation where you change your mind must be exercised as described below.
The right of cancellation 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 cancellation, the Customer must contact Customer Service or follow the online procedure and obtain a return code. Once the Customer has obtained a return code, he/she must contact DHL for pick up and attach the printed return label on the package.
The Customer may also return any item purchased on fendi.com in selected Fendi flagship stores within the same Country/Region where the item was originally delivered. The availability of this service in the boutique of the Customer's choice can be verified in the Store Locator page.
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, and the product is unused.
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 or to reduce the refund 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 cancellation, 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 cancellation was exercised, including standard delivery costs (excluding additional costs for express deliveries or for deliveries at a particular time as described in article 7(10) 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 Customer's current account linked to the credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.
11. Limitation of liability
(1) FENDI is responsible for losses you suffer caused by FENDI breaking the contract unless the loss is (i) unexpected and therefore unforeseeable, (ii) caused by a delaying event outside our control, (iii) avoidable in the event the customer took reasonable action or followed our reasonable instructions, or (iv) a business loss.
(2) The Customer’s legal rights in relation to 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. Events outside Fendi’s control
(1) Performance of the contract by FENDI may be suspended in the event of unforeseeable circumstances preventing or delaying Fendi’s performance.
(2) FENDI will inform the Customer of said unforeseeable circumstance within seven days of its occurrence. Should the delay last more than 15 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) The competent jurisdiction for any legal claim the Customer has against FENDI or that FENDI has against the Customer relating to sales made on the fendi.com website is that of the Customer's place of residence or domicile. (2) Orders placed under these General Terms and Conditions of Sale are governed by English law, The Vienna Convention on the International Sale of Goods of 1980 does not apply.
SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALIZED AND/OR SPECIALLY PRODUCED PRODUCTS
For certain articles, FENDI also offers the following services:
i. Product personalization (hereafter "Personalized Products);
ii. 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:
a. The special terms and conditions of sale indicated below,
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 Personalized Products and Pre-ordered Products, the following apply:
a. The Customer acknowledges and accepts that during the use of the personalization service, his/her choice for the creation of the personalized product is saved only for the duration of the current session on the Site. Should the current session be interrupted before the order has been placed, a new session must be begun and sent in order to express the Customer’s choices regarding the creation of the personalized 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 personalized products.
The provisions of article 4 of the General Terms and Conditions of Sale apply to the debit of the price of the Personalized 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 Personalized Products
Contrary to that stipulated in article 7 of the General Terms and Conditions of Sale, Personalized 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 Personalized 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 cancel the contract set out in Article 10 of the General Terms and Conditions where a Customer changes their mind is excluded with respect to Personalized Products. Please note it is not possible to return personalized items unless they are faulty.