CONDITIONS OF SALE
Website publication and entry into force date 15/11/23
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 FILIPPI RETAIL MIAMI LLC, with registered office in Staten Island, NY 10305, One Edgewater Plaza, Suite 101, EIN 81-4388094 (hereafter the “Owner”), is managed by The Level USA CORP - an affiliate of The Level SRL -
1.2. The Level USA CORP sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be The Level USA CORP as (the "Vendor" or "we") 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 support@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 American 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.
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 support@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. 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, WeChat, AliPay, Klarna or Amazon Pay - 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.
4.3. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address support@fabianafilippi.com
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.
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.
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 indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any other taxes on sales, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered, while the amount of any customs duties will not be charged to the Consumer. Consumers are invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any taxes applied in their country of residence or destination of the products.
6.4. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever to the Products ordered on the basis of these general conditions of sale, will be charged to the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, taxes and / or duties referred to in the previous paragraphs. 6.3. e 6.4., at the time of sending an order to the Seller, cannot constitute grounds for termination of this contract and that he/she cannot in any way charge the aforementioned charges to the Seller.
7. Payments
7.1. 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.
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, AliPay, WeChat, PayPal, Klarna oppure Amazon Pay the Consumer will be transferred to a secure. If you pay with credit card, your financial information (for example, the credit/debit card number or the expiry date) will be sent to an external payment service provider (PSP) who, via a 256-bit DigiCert SSL SHA2 certified encrypted protocol, guarantees the security of the transaction. Your financial information will never be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud on us.dolcegabbana.com to the police. The price for the purchase of products and the costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. Pursuant to and for the purposes of the European Directive 771/2019/EC and the American Legislative Decree no. 206/2005 (Consumer Code) as amended and integrated, the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products 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. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type.
8.2. The Consumer can report any defects and non-conformities by e-mail to the address ccare@fabianafilippi.com, the appropriate communication containing the number of order, the product / s in relation to which the defect or non-conformity was found, the defect and / or non-conformity found, as well as at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the receipt. The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer.
8.3. Following receipt of the above communication 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 authorise 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 authorisation, 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 intends to return. The authorisation to return the Products will in no way constitute recognition of defects or non-compliance, the existence of which must be verified after the return. The Consumer will return the Products whose return is authorised by the Seller together with a copy of the return authorisation notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-conformity, by arranging the collection or making the return with the courier indicated on the "Returns and refunds" page.
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
9. Defective Products Liability
9.1. The conditions foreseen by 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 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 15 (fifteen) 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 the Vendor, before the deadline indicated in paragraph 10.1 above, of his intentions by accessing the "Orders" 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. Alternatively, the Consumer can send an explicit declaration of their decision to withdraw to Vendor through the contact form or to the e-mail address support@fabianafilippi.com
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 may print and request the return label to be placed on the package directly from the website or customer service, following the instructions provided therein.. The Consumer must therefore proceed with the return of the product no later than the following 15 days, by arranging the collection or making the return with the courier indicated on the Return Proforma. on the "Returns and refunds" page.
10.4 If the Consumer has received the product, he is required to return it to Vendor without undue delay and, in any event, within 15 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 15 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.
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 15 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.
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. The Consumer may request the size change with reference to the same product only once, in compliance with the terms and conditions indicated above.
Art. 10bis – Size change
10bis.1 The Consumer will have the right to request, within 15 (fifteen) 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 RETAIL MIAMI LLCno 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 RETAIL MIAMI LLC in accordance with and subject to the provisions of American 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.
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 and PSP 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 American 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: support@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.