General terms and conditions for the sale of FENDI products via THE FENDI.COM WEBSITE.
1. Scope
(1) The company Fendi Fashion (Malaysia) Sdn. Bhd., Registration number: 200101031085 (566844-W) (hereafter, “FENDI” or the “Vendor”) sells products covered by the “FENDI” trademark.
(2) These General Terms and Conditions of Sale are applicable to all distance sales of FENDI products via the fendi.com website (“Site” or “Website”), including with telephone assistance provided by FENDI Customer Service. Distance sales, as regulated herein, were designed in compliance with local laws in force.
(3) The use of the distance sales service described herein is reserved solely for consumers. The term “Consumer” is to be understood as any natural person who acquires goods for personal, domestic or household purpose, use or consumption. 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 Website, the Customer fully and unreservedly acknowledges and accepts that these General Terms and Conditions of Sale form an integral and substantial part of the order.
(7) These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than FENDI, even in cases in which they are presented on the Official Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than the Vendor, the Customer is invited to check the conditions of sale applied. In no case can the Vendor be held liable for the provision of services by third parties.
(8) Please read the Information Notice on the Processing of Personal Data for information on the processing of Customer's personal data.
2. Product orders
(1) Orders may be placed directly by persons of legal age and who are not under legal disability.
(2) Orders may be placed via the Website, or from FENDI Customer Service, Monday to Friday, from 10am to 7pm, 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 color resolution. Consequently, any confirmation about the condition of a product is subject to the restriction on the possibly inaccurate representation on the Customer's computer, and to the maximum extent permitted by applicable laws, FENDI does not guarantee that the exact graphical depiction of the FENDI products as shown on the Website with respect to the colors and textile 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 completing the purchase form in accordance with the instructions provided on the Website, and to confirm that he/she has read and accepted these General Terms and Conditions of Sale.
(9) Should the Customer need to modify (an article or quantity) or correct any errors in the order, he/she should follow the instructions on the Website.
3. Product prices
(1) Product prices include all taxes and duties, ordinary shipping costs, unless otherwise stipulated on the 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 Malaysian Ringgit and include any tax.
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 "payable order", an automatic e-mail is sent via the access of the order to the Customer. This is not yet the acceptance declaration of the Website. A contract has not yet come about 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 successful completion from FENDI at the e-mail address indicated during the order process, sent in respect of the purchase procedure. With 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 the confirmation of the successful conclusion of the contract, FENDI reserves the right to decide whether or not to accept orders, depending on whether: (i) the products are available, (ii) the purchase procedure has been completed properly; (iii) the Customer has complied with these General Terms and Conditions of Sale; or iv) the Customer not provides sufficient guarantees of solvency. In this case, FENDI will inform the Customer that the contract is not concluded and that it is not following up on the order, providing its reasons for doing so. The Customer is informed within 30 days of transmission of the order to FENDI. Any amounts already paid by the Customer for the order will be reimbursed.
(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 (including any delivery costs, taxes and duties), the right of withdrawal (except in cases where this right is excluded - Personalised Articles), indicating the times and instructions for returning goods, the mailing address for complaints, information on customer service, legal and commercial guarantees and the right to use out-of-court resolution mechanisms for complaints or appeals.
(8) The Customer may cancel the order by telephone to FENDI Customer Service only until the 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 order form.
(2) In order to prevent internet fraud, payments made via the Website are managed online by the bank in question using tools provided by Adyen.
(3) Adyen is responsible for securely storing and automatically processing order data including credit card information.
(4) For payment, the Customer must confirm on the 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, expiry date and security key indicated on the card. Upon completing the order, the Customer's bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen. Validity of the Customer's card may be confirmed via a payment authorization at a cost of RM 1.00 This authorization is not debit.
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.
(5) If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically cancelled.
6. Retention of title
(1) The delivered goods remain the property of FENDI until full payment has been received.
7. Delivery
(1) Following order transmission via the Website, the Customer can monitor delivery of the order from the "Track your order" page of the 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 country/region: Malaysia (“Territory”).
(4) No shipping address (or delivery request) will be accepted outside the Territory.
(5) The Customer may request delivery to the physical person of his/her choice, whose residence is within the Territory. No deliveries will be made to post office boxes, collection points or Poste Restante addresses.
(6) Articles are delivered to the address indicated by the Customer only after payment for the order has been made. Upon receipt of payment, FENDI shall fulfil the orders within a maximum of 30 days of the day the order is made except where FENDI informs the Customer, within the same period, of non-acceptance of the order pursuant to article 4 above.
(7) Delivery will be made with DHL. Items immediately available in store will be shipped with Next Day delivery (Monday-Friday), for orders placed before 3pm. Orders placed after 3pm, on Saturday or on Sunday will be delivered in 2 business days.
For items which are not immediately available, delivery can require up to 4-6 business days (Monday-Friday). Please note some items, such as Fragrances, may require extra days for delivery.
Pick-Up in Store: delivery times can vary from Next Day to 6 business days. This service is subject to the specific terms and conditions available in the Pick-Up in Store section.
All delivery options available for the Customer’s order will be displayed at checkout. (8) The delivery terms are merely indicative.
(9) Shipping costs for article 7(8) are included in the sale price.
(10) All shipping costs, including additional costs charged to the Customer are itemised in the order form at the time of purchase on the Website. Additional shipping costs are not refunded in the case of article exchanges or returns.
(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. Warranty
(1) FENDI shall be liable for material defects of the products in accordance with the applicable legal provision.
(2) There is an additional guarantee for the goods supplied by FENDI only if this has been expressly stated in the order confirmation of the respective article.
(3) The Customer is not entitled to any claims for defects if he / she has altered a product or has changed it by a third party, unless the Customer proves that the material defect already existed at the time of delivery.
(4) If the order is cancelled, the price is not debited from the Customer's credit card. If the credit card has already been debited, the Customer will be promptly refunded. In the same way, if payment is made via PayPal, and the amount is debited at the time of order, the Customer will be promptly refunded at the time of order cancellation.
9. Returns and Refunds
9.1 Return and refund via Website or selected FENDI flagship stores.
The Customer's right of return must be exercised as described below.
If the Customer has changed his / her mind or is not completely satisfied with the products purchased, the Customer may exercise the right of return 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 to obtain a return code and to schedule pick-up with the courier designated by FENDI. Client Services may provide the Customer with documentation to be printed before pick-up; or
- return the item purchased on Website at the Boutique indicated by FENDI within the same country/region where the order was originally delivered. In such a case, the Client Advisors will take care of authorizing the return and shipping the items to the FENDI warehouse for quality control and acceptance.
For the return to be accepted by FENDI, the product(s) 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, in order to obtain a return code, or at the indicated FENDI’Boutique.
All returns 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, swimwear and underwear 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 of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.
FENDI also reserves the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. FENDI cannot be held liable for lost or stolen products beyond its control, or for returns to the wrong address, or for delivery delays of returned products beyond its control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.
In the event of withdrawal, the Customer will be refunded all payments made to FENDI, according to the method of payment chosen for the purchase, and for the product for which withdrawal was exercised.
FENDI will refund these amounts upon receipt of the returned product or when the Customer proves that he/she has correctly sent the product to FENDI. Refunds are credited to the Customer's credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.
Please note that nothing in these General Terms and Conditions of Sale affects the Customer’s statutory rights under applicable laws as a Consumer, including statutory rights relating to defective or misdescribed goods. Where a product is defective or misdescribed the Customer may have the right to request a repair, a replacement or a refund.
9.2 Return and exchange in store
The Customer may also return an item purchased on Website for exchange or store credit in selected FENDI Boutique within the same country/region where the order was originally delivered.
The availability of the Return in Store and Exchange in Store services can be verified through the Store Locator page, clicking on the store of your choice. Please note Fragrances cannot be returned or exchanged in-store.
For the return to be accepted by FENDI, the conditions set forth in art. 9.1 shall apply.
The Customer may request an exchange in store of the item purchased on 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 Website 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. Limitation of liability
(1) To the extent permitted under applicable laws, claims of the Customer for damages are excluded, except in the following cases: (i) Claims for damages resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations); (ii) liabilities for other damages arising from an intentional or grossly negligent breach of duty by FENDI; and/or (iii) liabilities that cannot be excluded or limited under appliable laws. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the case of infringement of essential contractual obligations, FENDI is only liable for direct and foreseeable damages that is typical for contracts for the supply of goods.
(3) To the fullest extent permitted under appliable laws, neither FENDI nor any of its affiliates will be liable to the Customer for any indirect, punitive or consequential loss or damage incurred by the Customer under these General Terms and Conditions of Sale in connection with the Customer’s purchase of any product through distance sale, including through the Website.
(4) The limitations of paragraphs (1), (2) and (3) shall also apply to the legal representatives and vicarious agents of FENDI if claims are directly asserted against them.
(5) The applicable provisions on the product liability shall remain unaffected.
11. 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 No. 3, 00144 – Rome (Italy). 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.
12. Force majeure
(1) Performance of services by FENDI may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.
(2) FENDI will inform the Customer of said unforeseeable circumstance or force majeure within seven (7) days of its occurrence. Should the suspension of the services last more than fifteen (15) days, the Customer may cancel the order and receive a refund of amounts already paid.
13. Privacy
(1) The Customer may always obtain information on how FENDI processes his/her personal data in our Information Notice on the Processing of Personal Data.
14. Competent jurisdiction and applicable law
(1) The competent jurisdiction for sales made on the Website is that of Malaysia. For dispute settlement, the parties agree to submit themselves to the exclusive jurisdiction of Kuala Lumpur courts.
(2) Orders placed under these General Terms and Conditions of Sale are governed by Malaysian law.
(3) In the event of a discrepancy between the General Terms and Conditions of Sale in English and in another language accepted by the Customer, the meaning and interpretation of the General Terms and Conditions of Sale in English shall prevail.
SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALISED AND/OR SPECIALLY PRODUCED PRODUCTS
For certain articles, FENDI also offers the following services:
- Product personalisation through embroidery/printing of initials (hereafter "Personalised Products);
- Possibility of ordering products that are not yet available in stores at the time of order ("Pre-ordered Products").
For Personalised Products and Pre-ordered Products, the following apply:
- The special terms and conditions of sale indicated below, and
- The general terms and conditions of sale indicated above in so far as they are not expressly or implicitly affected by the following special conditions.
The terms used beginning with a capital letter in these special conditions have the same meaning as in the General Terms and Conditions of Sale above.
Article 1: Orders and Payment
For Personalised Products and Pre-ordered Products, the following apply:
The Customer acknowledges and accepts that during the use of the personalisation service, his/her choice for the creation of the personalised product is saved only for the duration of the current session. Should the current session be interrupted before the order has been placed, a new session must be begun and sent in order to express one's choices regarding the creation of the personalised product.
Once the order has been sent by the Customer and confirmed by FENDI, the Customer is informed via e-mail of order acceptance and subsequently of shipping of the personalised products.
The provisions of article 4 of the General Terms and Conditions of Sale apply to the debit of the price of the Personalised Products and/or Pre-ordered Products; i.e. the credit card is debited when the product is prepared for shipping.
Article 2: Delivery of Pre-ordered and Personalised Products
Contrary to that stipulated in article 7 of the General Terms and Conditions of Sale, Personalised Products and/or Pre-ordered Products may be delivered in a time slot indicated on the Site; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely indicative. FENDI informs the Customer of shipping by e-mail as soon as the products are available. If the Customer purchases several Pre-ordered Products or Personalised Products with different delivery dates in the same order, they will all be shipped together at the latest delivery date, or at FENDI's discretion, based on availability.
Article 3: Returns and Exchanges of Personalized Products
Unless the personalized products are defective or return or exchange is otherwise required under applicable laws, the right to revoke the contract is excluded with respect to personalized products.