CONDITIONS OF SALE

Website publication and entry into force date 12/10/2020

 

1. Subject

1.1. These general terms and conditions of sale shall apply to the purchase of “Fabiana Filippi” brand products (hereafter the “Products”) via the di e-commerce website www.fabianafilippi.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below. The Site, which is the property of  Fabiana FilippiS.p.A., with registered office in Giano Dell'Umbria, via Bruno Buozzi, 90, tax code, VAT no. and Business Register enrolment no.  02676310549 (hereafter the “Owner”), is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT No, and Milan Business Registry Enrolment No. 02912880966 (hereafter “TRIBOO DIGITALE”).

1.2. TRIBOO DIGITALE sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be TRIBOO DIGITALE as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the  "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").

1.3. The Owner is not a party of these general terms and conditions of sale, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.

1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address ccare@fabianafilippi.com.

1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.

1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only.  It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these general terms and conditions of sale shall be applicable but, in derogation of what foreseen by the same:

a)       the withdrawal right referred to in article 10 shall not apply to the buyer;

b)      the Product warranty referred to in article 8 shall not apply to the buyer;

c)       no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;

d)      the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.

1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these general terms and conditions of sale shall be sent by e-mail to the address provided by the same during the site registration or purchase process.

1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

1.9. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.

 

2. Product features and availability in the various geographical areas.

2.1. The products are sold by the Seller with the features described on the Site and in accordance with the general terms and conditions of sale published on the Site at the time of the order, excluding all other terms or conditions.

2.2. The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the SIte, and will only apply to sales concluded from that date onwards.

2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. The Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.

2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.

 

2bis. Gift Card

2bis.1. Description and validity of the Gift Card.

2bis.1.1. The virtual "Gift Card", available for the amounts indicated on the Site, can be used by the Buyer of a third party to purchase any Product on the Site, except other Gift Cards, until the credit runs out. The Gift Card is not issued in a specific name.

The Buyer can purchase a Gift Card for himself or as a gift for others.

The Gift Card can not be topped up and can be used, until the credit runs out, to purchase products in separate orders from the Site - except other Gift Cards.

2bis.1.2. The Gift Card, that will be supplied in an electronic format and sent by email, can be purchased on the Site clicking the following link. When authenticated Buyers access the Site, (by logging in to the Site),  the name and email address will be auto-populated with the data provided during the Site registration procedure.

2bis.1.3. The Gift Card is valid for 12 (twelve) months from:

(i)            the date the Buyer receives the Gift Card activation email, or

(ii)           from the date the recipient receives the email containing the Gift Card code, if the Buyer has purchased the Gift Card as a present for another person.

2bis.1.4. The amount spent to purchase the Gift Card will be transferred to the Seller, to a non-interest bearing account, which can not be converted into cash or transferred to a credit card of bank account.

2bis.1.5. The purchase of the Gift Card is not subject to VAT under art. 2 par. 3, lett. a), Presidential Decree 633/1972. The purchase invoice shall therefore bear the wording "Exempted from VAT under art. 2 par. 3, lett. a), Presidential Decree 633/1972".

2bis.2. Gift Card purchase procedure - Completion of the purchase contract.

2bis.2.1. If the Gift Card is bought for a third party, enabling the "buy as a gift" option, the Buyer can request deferred delivery of the Gift Card to the recipient, selecting the delivery date within a 90 (ninety) day period from the date the Gift Card is purchased. If no Gift Card delivery date is indicated, it will be sent to the recipient by email as soon as payment for the Gift Card has been confirmed.

The recipient of the Gift Card shall be entitled to use the entire value of the same at the following conditions.

The Buyer will be required to indicate the following details on the form related to a Gift Card to be sent to a recipient:

- name of the sender (auto-populated if the Buyer has logged in to the Site);

- email of the sender (auto-populated if the Buyer has logged in to the Site);

- name of the recipient;

- email address of the recipient;

- confirm email address of the recipient;

- email delivery date (optional);

- message text (optional).

If the Buyer intends to purchase a Gift Card for another person,  he must provide that person's name and email address during the relative purchase process. These details will only be processed by the Seller to send the Gift Card by email to the recipient, to unlock and the same and to fulfil all services and obligations of the Seller.  The details (name and email address of the recipient) shall only be retained until confirmation is received that the recipient has unlocked the Gift Card, following the instructions below or, whichever occurs later, until the date within which the Buyer is entitled to exercise his right of withdrawal expires:   once the Gift Card has been unlocked, or, whichever occurs later, once the date within which the Buyer is entitled to exercise his right of withdrawal has expired, the details of the recipient processed for the purposes illustrated herein will be erased. The Buyer is warned and declares to acknowledge that should the Buyer provide an incorrect email address for the recipient of the Gift Card during the purchase process, this will make it impossible for the recipient to receive and use the Gift Card, for which the Seller shall have no form of responsibility.

2bis.2.2. Before confirming the order, the Buyer will be presented with a summary of his order, which he  is still able to edit where necessary: at this point, the Buyer, is required to carefully read and expressly approve the general terms and conditions of sale and the clauses indicated by art. 1341 of the Italian Civil Code, by ticking the relative check box and, finally, confirm the order by pressing the "Confirm order with payment obligation" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of these General Sales Conditions. During the order summary phase, the Buyer will also be asked to select a payment method from those available on the Site. If the Buyer selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Buyer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Buyer when the Seller sends the actual order confirmation.

2bis.2.3. On completing the procedure indicated in par. 2bis.2.2. above, the Buyer who has ordered one or more Gift Cards will receive an order confirmation email with the order number, the order summary and these General Sales Conditions.

2bis.2.4. When the payment method selected by the Buyer is successful completed:

(i)            the Buyer will receive a Gift Card activation email containing the order number, the Gift Card code and value, its expiry date and a "PDF" file for each purchased Gift Card containing the relative detailed information.

(ii)           If the Buyer has purchased the Gift Card as a gift for another person, the Buyer will receive an email containing the order number, the Gift Card code with the final digits obscured and its value.  If the Buyer has requested for the Gift Card to be sent to the recipient on a certain date, the activation email will be sent on the date indicated by the Buyer.

(iii)          If the recipient of the Gift Card is not the Buyer, the recipient will receive an activation email, on the date selected by the Buyer or when payment is completed successfully, containing the name of the Gift Card Buyer, the message sent by the Buyer where applicable, a link to be used to unlock the Gift Card, the Information Note on the Privacy Policy and the CG user conditions, a printable "PDF" document with the Gift Card details (code, expiry date and value of the Gift Card) and a summary of relative conditions of use.

(iv)          When the Gift Card has been unlocked by the recipient, using the link provided in the mail referred to in the previous par. (iii), the Gift Card Buyer will receive another email confirming the recipient has received the gift.

It is understood that, if the Gift Card is purchased as a gift for another person, the twelve (12 ) month validity period will start from the date the recipient receives the activation email as per par. (iii) regardless of the date on which the Gift Card is unlocked via the link provided in this email.  

2bis.3. How to use the Gift Card.

2bis.3.1. Immediately after activation or, if the "buy as a gift" option is selected, immediately after the Gift Card has been successfully unlocked by the recipient as per par. 2bis.2.4, section (iii),  the Gift Card can be used to purchase any Product on the Site, including the shipping costs and, if present and available on the Site, gift notes and wrapping. The Gift Card can not be used to purchase another Gift Card. No additional cost is charged for the activation or use of Gift Cards.

2bis.3.2. More than one Gift Card can be used to purchase Products from the Site on the same order.

2bis.3.3. To purchase Products using a Gift Card, please enter the Gift Card code in the designated field on the virtual shopping cart page.

2bis.3.4. The Gift Card can be used to make several purchases on the Site until the credit runs out and within the validity period of the same.

2bis.3.5. If the total amount of the order exceeds the credit available on the Gift Card, the residual amount shall be paid by the Buyer or recipient using one of the payment methods available on the Site in order to complete the process.

2bis.3.6. When the Gift Card validity period (12 months) expires, it can no longer be used and any credit left on the Gift Card will not be refunded.

2bis.3.7. If one or more Products in an order paid for (totally or partially) using a Gift Card are out of stock, the Seller will cancel the order and refund the total amount paid. The Gift Card credit used to pay for such orders will be credited back to the Gift Card, whilst any additional amounts paid using other payment methods, will be refunded using the same payment method selected by the Buyer during the order confirmation phase.

2bis.3.8. The Buyer can register on the Site to view his account in the private area:

(a)   details on the purchased Gift cards for each individual order;

(b)  the status of each Gift Card (residual credit and expiry date) for all Gift Cards except those sent as a gift to another recipient.

2bis.3.9. Even without registering on the Site, the Buyer or recipient can check the status of the Gift Cards (residual credit and expiry date) in the shopping cart check-out section, clicking the appropriate button and entering the Gift Card code in the relative field.

2bis.3.10. The Buyer is expressly warned and hereby acknowledges that any person who knows the Gift Card code can use it on the Site: the Buyer, or any third party to whom the code is communicated, must keep the code in a safe place. As for the conditions of use of the Gift Card, it is understood that the Buyer or recipient of the Gift Card shall abide by the conditions and sales system provided by the Seller each time, also in computerised form.

2bis.4. Right of withdrawal from the purchase of a Gift Card

2bis.4.1. The Buyer is entitled to withdraw from the Gift Card purchase contract, without penalties,  within a maximum of 14 (fourteen) days from the Gift Card purchase date, i.e. the date the Gift Card activation email is received. The exercising of the right of withdrawal is expressly excluded in cases of withdrawals from the purchase of a Gift Card that has been partially or totally used to purchase  Products on the Site.

2bis.4.2. To exercise a right of withdrawal, within the term indicated in par. 2bis4.1 above and on the condition the Gift Card has not bee partially or totally used to purchase Products on the Site, the Buyer must inform the Seller of his decision to withdraw from the contract sending an explicit statement using the Contact form, or by email to the address ccare@fabianafilippi.com, or using the attached form.

2bis.4.3. On completing the procedure provided in par. 2bis.4.2 above, the Buyer will receive an email confirming the withdrawal and deactivation of the Gift Card, including:

(i)            the order number from which withdrawal is confirmed,

(ii)           the Gift Card code for which withdrawal and deactivation is confirmed - with the final digits obscured if the Gift Card was purchased as a gift for another person;

(iii)          the expiry date and value of the Gift Card.

If the right of withdrawal is exercised on a Gift Card purchased as a gift for another person, the latter will receive an email informing him that the Gift Card has been deactivated as a result of the Buyer exercising his right of withdrawal.

2bis.4.4. In case of withdrawal under par. 2bis.4 herein, the Buyer will receive a refund for the amount paid to purchase the Gift Card, without undue delay and, in any case, no later than 14 (fourteen) days from the date he communicates his intention to exercise his right of withdrawal. Said refund will be effected using the same means of payment used by the Buyer to purchase the Gift Card, unless the Buyer requests the refund to be made using a different means of payment: in the latter case, the Buyer will be charged all additional costs incurred to refund the amount to the different means of payment.

2bis.5. Right of withdrawal for Products purchased using a Gift Card

2bis.5.1. If one or more Products are purchased using a Gift Card, the Buyer is entitled to exercise a right of withdrawal, in accordance with art. 10 of these General Sales Conditions. Exercising this right of withdrawal will affect the entire order and, therefore, it will be necessary to return all the Products purchased in relation to the same. If the Buyer exercises his right of withdrawal for Products totally or partially paid for using Gift Card credit, if the terms provided in art. 10 of these General Sales Conditions are met, the amount paid for the purchase order for which the right of withdrawal is exercised, will be refunded, for the part paid for by Gift Card, directly to the Gift Card - which can be spent by the Buyer under the above indicated terms and conditions - and any other amounts paid using other means of payment available on the Site will be refunded to the Buyer, under the terms and conditions provided in par. 10.5 of these General Sales Conditions, net of any stamp duty, using the same payment method, unless the Buyer requests the refund via a different means of payment: in the latter case, the Buyer will be charged all additional costs incurred to refund the amount using the different means of payment.

 

3. Product purchase procedure - Conclusion of each individual purchase contract

3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.

3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Consumer’s order, the Seller's order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at  ccare@fabianafilippi.com.

3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail

 

4. Product selection and purchase procedure - Order of unavailable Products (Pre-order)

4.1. 4.1. The Products displayed on the Site may only be purchased by selecting the desired Products and adding them to your virtual shopping cart. After selecting the Products, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited thereto: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will display a summary of the order to be processed, and may change the contents if desired: the Consumer shall be then required to carefully read and expressly approve the general terms and conditions of sale by ticking the relative check box, and confirm the order by pressing the "Place Order with obligation to pay" button; The Consumer will be prompted to confirm his/her order, which will be so finally sent to the Seller to the effects and purposes illustrated in article 3.2. of this contract. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time bank transfer or by Gift Card - if available - he/she will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.

4.2. With reference to certain Products presented on the Site, where expressly indicated in the relevant information sheet, the Consumer will have the possibility to carry out only a pre-order of Products not available until the date indicated on the Site, which could be even more than 30 (thirty) days from the date of execution of the related order. If the Consumer intends to purchase the Product not yet available in any case by executing a  pre-order, he/she can select it and add it to cart, then completing the order with the same methods indicated in previous paragraph 4.1 and therefore authorizing the full payment of the order, also with reference to the price of the Product not available.   Once the Product reported as unavailable is available at the Seller, the latter will send the Consumer an additional e-mail, following the order confirmation email, to confirm availability of the Product and sending of the order to the address indicated by the Consumer.   It is understood that, as long as the Consumer has not received the confirmation email on the availability of the Order Product, he may communicate his/her withdrawal to the Seller at any time, following the procedure referred to in Article 10 below, and in this case the Seller will refund the Consumer the amounts paid.   Should the actual unavailability of the Product exceed the date indicated in the relevant information sheet on the Site, the Seller will provide written notice to the Consumer and, if requested by the latter, will refund the sums already paid by the Consumer for that Product.

By selecting and purchasing a Product indicated on the Site as "not available", the Consumer acknowledges and expressly accepts that (i) the same Product is not currently available and that it will be delivered only when it is available at the Seller's warehouse, (ii) the terms possibly indicated on the Site regarding the subsequent availability of the Product are purely indicative and not binding for the Seller, (iii) if in your order there is a Product not yet available and one or more Products available, the delivery of the order will not be processed by Seller until the Product (s) reported as not available in the order confirmation is (are) available.

 

5. Delivery and acceptance of goods

5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.

5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery in a maximum time of 30 (thirty) days starting from the day following that in which the Consumer has sent the order, except for the Products expressly indicated on the Site, in the relevant sheet, as "not available" or "pre-order", for which reference is made to the provisions of paragraph 4.2 above. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3. If the Consumer has chosen the bank transfer as a payment method, the delivery term will start from the receipt of the payment by the Seller.

5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly  damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.

5.4. If available, at the time of the order the Consumer will also have the opportunity to choose the Delivery to the Store, selecting the most convenient store where to collect the Product (s) of his/her purchase order among those indicated in the checkout.

Cash on delivery is not available as a payment method for this type of shipment.

After receiving an e-mail from the Seller confirming "Product collection confirmation", which will follow the order confirmation e-mail referred to in the previous art. 3.3, the Consumer must go to the point of sale selected at the time of placing the order to collect the ordered Product with a copy of the e-mail confirming the order, the receipt or invoice, received with a dedicated e-mail , and a valid identity document. If the Consumer fails to collect the Product (s) in his/her purchase order within 7 (seven) days after receiving the aforementioned "Product withdrawal confirmation" e-mail, the Seller will activate the order cancellation procedure, by sending the Consumer an e-mail confirming the cancellation of the order, and will refund the Consumer the relative sum paid no later than 14 (fourteen) days following the sending of the aforementioned e-mail of order cancellation, using the same payment method selected by the Consumer for the initial transaction. In case of cancellation of the order, the Seller will have the right to sell the Products covered by the cancelled order to third parties.

It is understood that the employees of each store are not authorized to forward the Consumer's order delivered to the Store to another address.

In case of collection made by a third party (not the name on the order) it is necessary to go to the store with a proxy signed by the person who made the order and a copy of a valid identity document of the latter, as well as the copy of the order confirmation and, the tax document or the invoice received by the Consumer via e-mail.

 

6. Prices, shipping costs, customs duties and taxes

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site

6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of products.

6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Consumer.

6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.

 

7. Payments

7.1. Payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin at the time the price of the purchased Product (s) is credited to the Seller's current account. If available on the Site, the cash on delivery payment method will in any case be excluded for the payment of purchase orders for which the Consumer has selected the Store Delivery referred to in the previous art. 5.4.

7.2. Payments for orders placed on the Site can be paid by credit card, or bank transfer or via PayPal Express, Amazon Pay or by Gift Card, if available, on the conditions outlined below. The Seller may also accept other payment methods, as indicated in the specific payment section on the Site.

7.3. When payment is by credit card,the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Adyen N.v., with registered office in Amsterdam, Holland, Simon Carmiggeltstraat 6-50
1011 DJ, enrolled with the Amsterdam Business Register no. 34259528, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.

7.4. Orders may be paid for by bank transfer to the Seller, where the Consumer shall use the  "Swift" and IBAN codes indicated on the order confirmation, together with the order number.

7.5. To pay the Products' price, the Consumers may use a Gift Card, entering in the field provided in the Shopping Cart page their Gift card code.

 

8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.

8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (Consumer Protection Code ), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.

8.2. Under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-conformities within and no later than 2 (two) months from discovery, by sending the Customer Service an e-mail to the address ccare@fabianafilippi.com, the appropriate form correctly filled in, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the tax receipt).

8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after carrying out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer the "Return Code" by e-mail to the address provided by the latter during the registration process on the Site or when placing the order. Following the Seller's authorization, the Consumer may alternatively use, for the purpose of the return, the pre-printed label present in the package with which he received the Product he/she intends to return.

This e-mail will include the "Returned Product Code" Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the "Returned Product Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:  

Arvato Services Italia S.r.l.
via Lombardia 21,
24060 Telgate (BG) Italia

8.4. If the Seller is required to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the same e-mail address ccare@fabianafilippi.com the bank details for the latter to be able to transfer the refund.

8.5. As regards the refund of the price paid, in whole or in part, by the Consumer via the Gift Card, the conditions under paragraph 2bis.5 above shall apply. 

 

9. Defective Products Liability

9.1. The conditions foreseen by EC Directive 85/374/CEE and by Italian Legislative Decree N.  206/2005 - (Consumer Protection Code) are applicable to  any damages caused by defective products. The Seller, in its capacity as distributor of the products on the Site disclaims all liability, without exclusions and/or exceptions, and shall refer the Consumer to the manufacturer of the product concerned.

 

10. Right of Withdrawal

10.1 Without prejudice to the provisions of the previous par. 2bis.4 and 2bis.5, the Consumer has the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within the term of 14 (fourteen) days since (i) the product was delivered or (ii) in the case of a single order with multiple products delivered separately, the last product was delivered.

10.2 To exercise a right of withdrawal, the Consumer shall notify Triboo Digitale, before the deadline indicated in paragraph 10.1 above, of his intentions by accessing the "My Returns" page in the My Account area or, if the same is not a registered users, by accessing the designated page and entering the order number and email address used to place the order. As an alternative, the Consumer can send an explicit declaration to Triboo Digitale, using the contact form or email address ccare@fabianafilippi.com, of his  intention to exercise the right of withdrawal using the withdrawal form.

10.3 Following the provisions of point 10.2 above, the Consumer must return the product using the pre-printed return label already present in the package with which he/she received the product he/she intends to return. Alternatively, the Consumer can print the return label to be placed on the package directly from the Site, following the instructions therein. The Consumer must therefore proceed with the return of the product, to be sent no later than the following 14 days to:

Arvato Services Italia S.r.l.
via Lombardia 21,
24060 Telgate (BG) Italia

 

 

10.4 If the Consumer has received the product, he is required to return it to Triboo Digitale without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if you send back the goods before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer. If you exercise your right of withdrawal via the website using the return service provided by the website, before confirming the withdrawal request, the cost to return the goods will be indicated.

10.5 If you withdraw from this contract, we shall refund all payments received from you, there including the delivery costs (except for any supplementary costs incurred if you chose a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising your right of withdrawal. Such refunds shall be transferred using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred in connection with the different payment means chosen. We may withhold the refund until we receive the returned goods or until the Consumer provides evidence of the returned goods' shipment, whichever is the earliest. As regards the total or partial refund of the price paid by the Consumer via the Gift Card, the paragraph 2bis.5 above shall apply.

10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.

 

Art. 10bis – Size change

10bis.1 The Consumer will have the right to request, within 14 (fourteen) days of receiving the purchased product, the size change in relation to the same product, in compliance with the conditions indicated and only if the size desired by the Consumer is available on the Site. The size change is in fact possible only if the product is available in the Seller's warehouse, as indicated in its product sheet. If the new size selected by the Consumer is available, the Consumer must in any case return the original product in compliance with the terms and instructions on returns referred to in Article 10 above as well as following the return instructions on the Site. The order of the product with the new size is subject to conditions of return and conclusion of the contract equal to those of the original product, it being understood that the order of the replacement product will be treated similarly to an order placed on the Site.

 

11. Intellectual Property Rights

11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Fabiana Filippi S.p.A. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.

11.2. Unless prior specific consent is granted in writing by Fabiana Filippi S.p.A., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.

 

12. Protection of Consumer Personal Data

12.1. In order to proceed with the registration process, place an order and sign this contract, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Fabiana Filippi S.p.A. in accordance with and subject to the provisions of Italian Legislative Decree no. 196/2003 as subsequently amended. the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.

12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.

12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data  submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.

12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy  and read the General Conditions of Use carefully.

12.5. The Consumer also notes that, in case of purchase of a Gift Card to be sent to a third party, the Consumer will have to provide to the Seller the data of the third party, which will be sent to the appropriate information in accordance with art. 13 of Italian Legislative Decree no. 196/2003 as subsequently amended..

 

13. Security

13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.

13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Adyen N.v. which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.

 

14. Applicable law, settlements and jurisdiction

14.1. General Sales Terms and Conditions Any sales contracts signed between the Seller and the Consumer under these general sales conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, with Legislative Decree no. 206 dated September 6, 2005 of the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.

14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet.  For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.

14.3 As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: ccare@fabianafilippi.com.

14.4 If no settlement attempt is made, as under section 14.2 or 14.3, or the attempt is not successful, the Court of Milan is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Consumer's country of residence.