TERMS AND CONDITIONS OF SALE
Version 1.0 of January 20, 2016
The purchase of products branded FRETTE via the site eu.frette.com (hereinafter, the “ Site ”) by users classified as consumers according to the law, is subject to these terms and conditions of sale (hereinafter, “ Terms and Conditions of Sale ” or “ Terms of Sale ”).
The products purchased on the Site are sold directly by Frette Srl, with sole shareholder, with registered office in Milan, Foro Buonaparte 51, cap 20121, and operating and administrative office in Monza, Via Borgazzi, 23, cap 20900, VAT number, Tax Code and Milan Companies Register number 04630610964, REA MI-1761936, share capital of Euro 2,000,000 fully paid-up (hereinafter, the “ Vendor ” or “ Frette ”).
Please remember that is always possible to contact the Vendor by e-mail at the following address firstname.lastname@example.org and at the other addresses provided in these Terms of Sale and on the page Contact us .
1 . DEFINITIONS
In these Terms of Sale, in addition to other definitions provided elsewhere in the same, the following terms shall have the following meaning:
“ Client ” shall mean the final client who is also a consumer pursuant to art. 3 of Legislative Decree n. 206 of September 6, 2005, that is, “ any natural person who is acting for purposes which are outside his trade, business or profession ”.
“ Consumer Code ” shall mean the Legislative Decree n. 206 of September 6, 2005, as subsequently amended and integrated.
“ Order Confirmation ” shall mean the e-mail sent by Frette to the Client confirming the shipment of the Products ordered and the execution of the Contract.
“ Contract ” shall mean the contract between the Client and the Vendor for the sale and purchase of Products executed at distance via Internet through the Site, comprising the Order, the relevant Order Confirmation and these Terms and Conditions of Sale which are an integral and essential part of the same contract.
“ Order ” shall mean an order requesting the purchase of certain Products sent by the Client to the Vendor through the fulfillment of the relevant order form on the Site.
“ Products ” shall mean the Vendor products branded Frette and displayed on the Site, from time to time.
“ Order Receipt ” shall mean the e-mail that the Vendor will send automatically to the Client to confirm that the Order has been received.
“ Site ” shall mean the website of the Vendor at the url eu.frette.com.
“ Vendor ” shall mean Frette Srl, with sole shareholder, with registered office in Milan, Foro Buonaparte 51, cap 20121, and operating and administrative office in Monza, Via Borgazzi, 23, cap 20900, VAT Number, Tax Code and Milan Companies Register of Milan no. 04630610964, REA MI-1761936, share capital of Euro 2,000,000 fully paid-up.
2.1 These Terms of Sale apply to all Contracts between the Vendor and the Client executed via Internet through the Site and are an integral and essential part of the same.
3. COUNTRIES OF DELIVERY
3.1 The purchasing of Products via the Site is currently possible if the delivery is to take place in the countries indicated on the Site on the page , it being understood that the Vendor reserves the right to expand or restrict such list of countries.
3.2 It is not possible for the Client to provide a shipping address outside the list of countries displayed on the page and, therefore, the relevant orders will not be accepted by the Vendor.
4 ORDER AND ACCEPTANCE
4.1 In order to place an Order via the Site, the Client shall select the Products on the Site as well as the relevant colour and size, add the Products to the virtual cart, select the check-out button and follow the Site instructions in order to fill in the order form in electronic format and send it via Internet to the Vendor.
4.2 In order to fill in and send via Internet the order form, the sign-up to the Site is not required: the Client may fill in the order form following the procedure “ Guest Checkout ”. Alternatively, before filling in the order form and sending it to the Vendor, the Client may create an “account” (or personal profile) by filling in the forms published on the Site or log in the account previously created.
4.3 Orders shall be submitted only by persons of legal age and who are not under legal disability. The Client shall provide the necessary information for billing and shipping and is fully responsible for the accuracy of the personal data provided to the Vendor at the moment of the sign-up to the Site and/or when sending the order form. It is understood that under no circumstances the Vendor may be held liable for any damage or delay that relates to or is due to the inaccuracy of the personal data provided to the Vendor.
4.4 Each Order submitted is an offer to purchase Products from the Vendor. The Orders are subject to the availability and acceptance of the Vendor and the Vendor may refuse to accept an Order and chose not to process the same in the following cases:
- Orders which do not offer sufficient guarantees for the payment or which are incorrect or not complete;
- the Products ordered are no longer available;
- there is an error on the Site relating to the Products ordered by the Client, for example an error in relation to the price or the description of Products as displayed on the Site.
Under the above circumstances, the Vendor will inform the Client by e-mail that no contract has been entered and that the Vendor has not processed the Order explaining the relevant reasons, promptly and in any case within thirty (30) days of the submission of the relevant Order to the Vendor.
4.5 With the submission of the order form, the Client unconditionally agrees and undertakes to observe these Terms and Conditions of Sale in his/her dealings with the Vendor. Therefore, before submitting the order form, the Client must carefully read these Terms and Conditions of Sale. In any case, before finalizing the on line procedure and submitting the order form, the Client will be invited to review and accept these Terms and Conditions of Sale. The Client can print and save or reproduce this document for his or her personal use. Should the Client not agree with one or more terms of these Terms and Conditions of Sale, he/she shall avoid purchasing Products on the Site.
4.6 The order form contains a summary of the main characteristics of each Product ordered. In particular, it displays the corresponding unit price (including applicable fee and taxes), the type of payment available, the shipping terms for delivering the Products ordered and the relevant shipping costs (including any additional costs incurred by the Client for selecting a kind of shipping or delivery different and/or more expeditious than the standard).
4.7 Upon the submission of the order form, the Client will be advised that the placement of the Order implies an undertaking to pay. Before confirming the Order, the Client may identify and correct any input errors by clicking the edit button.
4.8 The order form will be filed in the database of the Vendor at least for the time required for processing the orders and, in any case, in compliance with the terms set forth by the applicable law. Having placed the Order, the Client may follow the status of the same, either directly on line by accessing to the section My Orders of My Account , provided that the Client has registered to the Site, or, in any case, by contacting the Customer Service.
4.9 After the submission via Internet of the order form, the Vendor will send to the Client, at the e-mail address and in the language indicated in the order form, a receipt e-mail confirming that the Order has been received and it is in phase of elaboration as well as a summary of the relevant information (link to these Terms and Conditions of Sale, the products main characteristics, detailed information on the price, terms of payment, link to the Right of Withdrawal, shipping costs and applicable taxes) (the “Order Receipt”). Please note that the Order Receipt does not constitute acceptance of the Order. The Order will be accepted by the Vendor only at the time of Products actual dispatch and sending of the Order Confirmation by the Vendor. If the Client does not receive the Order Receipt within 48hours of placing the Order, the same shall contact the Customer Service before re-submitting the same order.
4.10 Thereafter and in any case at the time of the Products actual dispatch, the Vendor will send to the Client by e-mail the Order Confirmation. The Contract will be executed with the Order Confirmation.
4.11 The languages available to finalize the Contract are Italian and English
4.12 For any issue, comment or doubt in relation to an Order or if the Client considers that an Order has been refused by error, the Client may contact the Customer Service at the addresses provided under article 11 below.
5. PRICE INDICATION AND PAYMENT TERMS
5.1 The prices of the Products are displayed on the Site and are subject to changes and updating. The Client shall check the final price of sale on the check-out page of the Order before submitting the relevant order form.
5.2 The prices of Products are inclusive of VAT. The prices of Products are not inclusive of the shipping costs which may vary depending on the type of delivery, the quantity of Products to be delivered and the relevant volume, weight and destination. The contribution requested by the Vendor for the shipment will be indicated, separately from the price, before that the order form is sent by the Client and shall be paid by the Client together with the price.
5.3 The payment shall be made by the Client solely through one of the payment methods indicated in the order form, at Client election.
5.4 In case of payment by credit card, the Products ordered will only be sent after the Client credit card data have been verified and only after having received the charging authorization of the credit from the acquirer bank, it being understood that the relevant sum will be charged only upon the dispatch of the Products.
5.5 If, for whatever reason, the charge of the sum due by the Client is not made, the sale procedure will be automatically terminated and the sale will be automatically cancelled.
5.6 Only upon the Client request to be made in the relevant order form, Frette will issue the invoice and send it to the Client by e-mail or by ordinary mail in compliance with applicable law. The invoice will be issued on the basis of the information provided by the Client with the Order. Once issued, the invoice cannot be modified.
6. SHIPMENT AND DELIVERY
6.1. The Products purchased will be delivered at the shipping address indicated by the Client in the order form by a courier selected by Frette and during the normal working hours. At the delivery, it will be required the Client signature (or the signature of his or her designee). No shipment can be made to a P.O. box.
6.2 Shipping costs shall be borne by the Client and are displayed separately in the relevant order form.
6.3 The terms of delivery shown in the delivery options shall be intended as the terms usually necessary to dispatch the Products. Deliveries shall be made, in any case, within 30 days of the date of the Order Confirmation (save in case of force majeure or unpredictable events).
7. PRODUCTS AND WARRANTIES
7.1 On the Site the only products displayed are branded FRETTE. The Products catalogue may be updated form time to time by the Vendor who, therefore, does not guarantee that any product will remain among those available on line.
7.2 Products displayed on the Site may be subject to stock limit and the Vendor does not guarantee that they will always be available. The Vendor disclaims any liability in relation to the availability of all size/version for any item/color included in the catalogue. In the event of temporary unavailability of Products already ordered, the Vendor will promptly inform the Client by mail or by phone. If the Product is eventually not available, no amount will be deducted from the Client credit card and, if the purchase amount has already been charged, a refund to the Client will be issued within 30 days.
7.3 The main qualities of the Products are displayed on the Site in the relevant file. Pictures of Products are provided purely to illustrate the Products. In particular, pictures and colors of Products on the Site may not correspond to those real because of the Internet browser or the monitor used by the Client. Vendor, therefore, will not be responsible for any inaccuracy or inadequate graphic representation of the Products displayed on the Site.
7.4 The sale of Products to consumers is subject to the legal warranties provided for by articles 129, 130 e 132 of the Consumer Code. According to said provisions of law, the Vendor shall deliver the Products in conformity with the Contract. In case of lack of conformity (for example, faulty products or products different from those ordered), the Client will be entitled to have the Product brought into conformity by repair or replacement (the Client may chose to obtain the repair or replacement of the Product pursuant to the provision of law), free of charge, or, should such remedies fail (according to article 130, paragraph 7, of the Consumer Code), may obtain an appropriate reduction of the price of the Products or the termination of the contract. The Client looses the said right if he/she does not notify Frette of the lack of conformity by no later than 2 (two) months after the date he/she has discovered it. Actions intended to enforce the lack of conformity not hidden by the Vendor with fraud shall in any event lapse after 26 (twenty-six) months after the delivery of the Product. Should the Client request the repair or replacement of a Product due to a lack of conformity of the same, costs of delivery to Frette of the Product to be repaired or replaced, as well as any cost of delivery to the Client of the Product repaired or replaced, shall be borne by Frette.
8. RIGHT OF WITHDRAWAL
8.1 The Client, pursuant to article 52 of the Consumer Code, has the right to withdraw from the Contract without any penalties and without having to specify the reason, in compliance with the below provisions.
8.2 The Client shall exercise his/her right to withdraw from the Contract within 30 days from the date of receipt of the relevant Products. The right of withdrawal, then, expires after 30 days starting from the day on which the Client or a third party, different from the transporter and nominated by the Client, acquires the possession of the Products.
8.3 In order to exercise the right of withdrawal, within the above term the Client shall notify the Vendor of his/her intention by either writing an e-mail to the Customer Service at email@example.com or writing to the following address (not valid for the return of Products): Frette Srl, Customer Service, Via Borgazzi 23, 20900 Monza, fax +39 039 6046365. In particular, to exercise said right, the Client may use the form available on line and downloadable at this link . The use of the form is not mandatory: the Vendor accepts any other methods chosen by the Client to exercise said right.
8.4 If the said notification has been sent electronically by the Client, the Vendor shall send to the Client an e-mail confirming its receipt. In all other cases, the burden of proof is on the Client pursuant to the Consumer Code.
8.5 The relevant Products shall be returned by the Client to the Vendor without undue delay and in any case within 14 days starting from the day on which the Client has notified the Vendor of his/her intention to withdraw from the Contract. This means that the Client shall send the goods or deliver the same at Frette Srl at XPO Logistic in Viale Lombardia 38, 20056, Trezzo sull’Adda. The term shall be deemed fulfilled if the Client has sent the goods before the expiration of the above period of 14 days.
8.6 Provided the compliance with the provisions and terms herein, the Vendor will refund to the Client the price of the Product in full, including standard shipping costs paid, if any, within 14 days from receipt of the notification of withdrawal sent by the Client. However, please remember that the refund may be suspended until the receipt of the Products by the Vendor or until the Client has demonstrated to the Vendor that he/she has already shipped the Products, whichever is sooner. The Client, however, will be responsible for the cost of returning the Products to the Vendor. The refund shall be made using the same means of payment used by the Client for the initial transaction, unless agreed otherwise with the Client; in any case, coupon or discount ticket will be not refunded in money.
8.7 The right of withdrawal set out in this section does not apply to:
(i) Products used, even partially, or washed by the Client following delivery;
(ii) products personalized.
8.8 If the Client has exercised his/her right of withdrawal, the Products shall be returned entire and appropriately packaged, rather in their original packaging, with all the relevant ornaments and accessories. If the Client has exercised his/her right of withdrawal, the Vendor may in any case refuse the restitution or total refund of the sums paid for the Products, if the Products are missing any of their label, tag or original packaging, or if the Products have been modified in their essential characteristics or qualities or have been damaged.
9. RETURN AND REFUND FOR NON CONFORMITY OF PRODUCTS
9.1 In case of lack of conformity of the Product delivered to the Client and purchased on the Site, the Client will have the right, without any additional costs, to ask for the repair or replacement of the Products, provided that the it is possible in consideration of the availability of the Products and that the repair or replacement is not too burdensome for the Vendor. Alternatively, the Client may terminate the Contract or have the price reduced.
9.2 In any case, the Client shall notify Frette of any non conformity of the Products purchased on the Site within the terms indicated under article 7.4 above; otherwise the same will lose the legal warranties. For returning any Products, the Client shall follow the Customer Service instructions which, in any case, cannot be intended as an acknowledgment of defects or non conformity. In this regard, Frette reserves the right to check the Products returned to verify the existence of the defect or non-conformity and may return the Products to the Client in the event that it has verified that no defect or non-conformity exists.
9.3 It is not possible to make a return or request a refund in FRETTE stores or other point of sale branded FRETTE for Products purchased on the Site.
10 FORCE MAJEURE
10.1 The performance of the obligations of the Vendor may be suspended in case of the occurrence of unforeseeable circumstances or force majeure that prevent or delay the execution of those same.
10.2 The Vendor shall inform the Client about the occurrence of unforeseeable circumstances or force majeure within 7 (seven) days from the occurrence thereof. In the event that the suspension of services should be prolonged for a period exceeding 15 (fifteen) days, the Client shall have the option to cancel the order and shall be reimbursed for the already paid amounts.
11. CUSTOMER SERVICE - CONTACTS
11.1 In case of complaints or need of information or assistance in relation to the Site or the purchase procedure, the Client may send an e-mail at the following address firstname.lastname@example.org .
11.2 Alternatively, the Client may contact Frette at the telephone number +39 039 6046410 o at the fax number +39 039 6046365 o write to Frette Srl, Customer Service , Via Borgazzi 23, 20900 Monza.
12.2 If the Client has registered to the Site, then, by accessing the personal area of the Site (My Account), the Client may at any moment correct, amend or update his/her own personal data.
13. SITE USE
13.1 The use of the Site is subject to the “Terms and Conditions of Use” that the Client may consult in the Legal Area.
14. GOVERNING LAW AND JURISDICTION
14.1 This Terms of Sale are governed by the Italian Law and, in particular, by the Consumer Code, with special reference to the provisions related to the contracts executed at distance and by the Legislative Decree of 9 April 2003 n. 70 on certain aspects related to e-commerce.
14.2 Any dispute arising from or connected with these Terms of Sale and any Contract concluded between the Client and Frette, provided that the Client is a consumer, will be submitted, pursuant to article 66 -bis of the Consumer Code, to the exclusive jurisdiction of the competent court of the place where the Client is domiciled or resident or, at the Client’s choice, the Italian Court of Milan.
15. CHANGES AND UPDATES OF THE TERMS OF SALE
15.1 The applicable Terms of Sale are those published, from time to time, on the Site and that the Client shall verify the same when purchasing the Products.
15.2 Frette reserves the right to modify the Terms of Sale from time to time including for taking into consideration any legal updates. Any new version of the Terms of Sale will be effective from the date of publication on the Site.