General Terms and Conditions
IMPORTANT: YOUR ACCESS TO THE SITE AND THE PURCHASE OF FERRAGAMO PRODUCTS FROM THE SITE ARE SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. USING THIS SITE TO PURCHASE PRODUCTS IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM, IN CONSIDERATION FOR YOUR ACCESS TO AND USE OF THE SITE TO PURCHASE FERRAGAMO PRODUCTS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE.
1. General Information
1.1 Products offered for sale (here in after the“Products”) through our website www.ferragamo.com (here in after the“Site”) are governed by these general terms and conditionsof sale (the “Terms”).
2. Trade Policy
1.2 Ferragamo Canada, Inc. and its affi liates (collectively, here in after “Ferragamo”) reserves the right to apply specifi c contractual estimations (the “Specifi c Estimations”) to any order (hereinafter “Order” or “Orders”). In such case, the contractual conditions applicable to an Order will beboth the Terms and the Specifi c Estimations, which are intended to be independent and separate contracts from each other. In the event of a conflict between the Terms and the Specifi c Estimations, the Specifi c Estimations will govern.
1.3 The Products are directly sold by Ferragamo.
To protect the originality and quality, as well as identify the provenance of our products, a passive NFC (Near Field Communication) tag has been inserted in some shoe models. The tag contains no personal information and is not readable at distance.
1.4 Ferragamo is incorporated under the laws of Canada with a principal offi ce located at 918 Robson Street, Vancouver, BC V6Z 2E7.
2.1. The Products are only intended for sale to individuals who are end-user consumers (here in after “Customers,” and each, a “Customer”). Customers include the individual adult who acts for purposes not related to trade, business or professional activity. Any Product ordered or purchased from this Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted.
3. Purchase Conditions
2.2 Ferragamo reserves the right not to accept Orders from those who are not “Customers,” asdetermined by Ferragamo in its sole discretion. Ferragamo also may, in its sole discretion and without any liability, restrict or terminate Customer’s access to any part of the Site at any time.
2.3 At any time Ferragamo may modify or amend these Terms. Customer will be subject to the Terms in effect at the time their Order is submitted.
2.4 Orders may be for one or more Products, subject to the right of Ferragamo to set a maximum quantity that may be ordered by a Customer in any one Order for certain categories of Products.
2.5 The maximum quantity of Products that may be purchased by a Customer in any one Order for certain categories of Product are shown in Appendix 1. In addition to the maximum quantities listed on Appendix 1, Ferragamo reserves the right to limit quantities of Products ordered as it desires from time to time.
2.6 No Product will be sent for delivery or distributed to an address containing a PO Box or if it is not possible for Ferragamo to identify the individual receiving the Order or its private address.
2.7 All notices which are to be sent out via e-mail pursuant to the Terms will be sent to the e-mail address provided by Customer at the time Customer registers with the Site.
2.8 In order to purchase through the Site Customer must be the age of majority in Customer’s province/territory of residence and must agree to pay for all charges noted on the Site as payable by Customer.
2.9 For certain activities on the Site, Customer may require an account name and a password. It is solely Customer’s responsibility to keep account information and password secure. Customer must not disclose password to anyone. Customer agrees to notify Ferragamo immediately of any unauthorized use of Customer’s account.
FERRAGAMO DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO CUSTOMER’S FAILURE TO KEEP CUSTOMER’S ACCOUNT NAME AND PASSWORD SECURE.
4. Availability and Delivery
3.1 Each Product offered for sale can be selected through a dedicated web frame that will display the photo, the unit price, and the colors and sizes available (where applicable). Applicable taxes will be displayed at checkout.
3.2 Some products may be displayed on the Site for promotional reasons only and not for sale. Such products are not for sale and may not be purchased.
3.3 Images and colors of Products offered, in some cases may be different than they appear on the Site because of the technical characteristics and resolution of equipment and software used by the Customer. Images and colors, then, must be considered only as indicative, and Customers are responsible for verifying whether the Product matches their expectations with respect to color and texture. Ferragamo will not be responsible for any inaccurate images or colors of Products due to the technical characteristics of equipment and software used by a Customer.
3.4 To complete any Orders for the Products selected, the Customer will have to follow the instructions and procedures provided on the Site.
3.5 The Customer is responsible for checking the accuracy of the contents of each Order it places before confi rming the Order and the Customer is responsible for fi lling in the purchase form according to the instructions provided on the corresponding page of the Site. Before completing each Order, Customer will be asked to confi rm that Customer carefully read and accepts theTerms and any Specifi c Estimations. In case of non-acceptance by Customer of the Terms and any Specifi c Estimations, the Order will not be completed.
3.6 If the Customer wants to make changes or corrections to the Order after confi rmation, Customer must contact Customer Care Service (“Customer Care Service”) at the number displayed in the “Contacts” section of the Site. A confi rmed Order cannot be further modifi ed or cancelled, except as may be expressly provided by the Terms, Specifi c Estimations or otherwise provided by applicable law. Customer can check an Order status at any time by entering the ”Members’ Area” on the Site or by contacting Customer Care Service.
3.7 As soon as Customer submits an Order, it is recommended that Customer download and save or print the Terms prevailing at the time of submission and any Specifi c Estimations applicable to the Order. Customer will also receive an e-mail confi rmation (“Email”) of a received Order containing a summary of information already contained in the order form (i.e. Customer data, shipping method and address, information about each Product purchased, as well as details of price and delivery rate (the “Data”).To protect the security and privacy of Customer, the Email does not contain the Data, but provides a link that will grant a more secure download of the Data.
4.1 Customer acknowledges that stocks of Products offered on the Site are limited.
5.Prices and Payment
4.2 Occasionally, some Products may be unavailable. In such instance, Ferragamo will inform Customer as soon as possible, and in any event, within forty-eight (48) hours (excluding weekends and holidays) from the date the Order is received by Ferragamo. If a Product from the Order is unavailable then the Order will be fulfi lled based on the available Product.
4.3 Customer acknowledges that when an Order is sent to the internal unit of Ferragamo responsible for fulfi lling such Order, an Email will be sent to Customer. Sometimes this Email will be substituted by or take the form of a shipping notice.Ferragamo will send an additional Email to Customer when the parcel containing the ordered Products leaves the warehouse. However, delivery times are not guaranteed and are only estimates.
4.4 Ferragamo will use its best efforts to fulfi ll each Order within ten (10) business days, and in any event, within twenty (20) business days from the day following Customer’s submission of the Order, but does not guarantee to do so. However, Ferragamo will not be liable for, nor indemnify Customer from, any claims, losses, or expenses resulting from Ferragamo not shipping an Order within any certain timeframes.
4.5 Customer may contact Customer Care Service for assistance with any matter relating to delivery.
5.1 The displayed prices of Products offered on the Site do not include applicable taxes; however, the applicable taxes will be added and displayed at checkout.
6. Shipment Rates
5.2 The prices are quoted in Canadian Dollars.
5.3 The total price for each Order will also contain the shipping costs calculated as specifi ed in Article 6 of these Terms.
5.4 Ferragamo reserves the right to change prices of Products offered at any time and without notice.The prices published on the Site at the time an Order is confi rmed are the prices that will be applied to such Order.
5.5 Payment can be made only by credit card. Credit card transactions will be governed by the specific credit card provider’s rules.
5.6 Successful completion of each Order will take place only after verifi cation of Customer’s credit card data and after the authorization to carry out the charge for the Order on such credit card. Customer’s credit card will be charged only after the Order is shipped.
6.1 Shipment costs will be charged to the Customer in a sum as listed below. There will be a Delivery and Processing Charge (“D&P”) for internet order processing, item selection, packaging, processing, transport and handling. Delivery times are not guaranteed, but our best approximation. D&P is subject to change and will be determined at time of Order and subject to the following: Orders will be shipped using FedEx delivery service. Orders are processed and delivered Monday through Friday, excluding holidays. At this time, Ferragamo only delivers within Canada. In addition, Ferragamo will not process an Order where a P.O. box or APO/FPO is given as the delivery address.
Unless an expedited service is requested, your Order should arrive in approximately 5-7 business days after shipped.
If requested, add $10.00 to standard D&P. Your Order should arrive in approximately 2 business days after shipped, if ordered by 12:00 noon (PST). Please note that two-day Orders placed after 12:00 noon (PST) Friday, or on Saturday or Sunday will be processed Monday and should arrive in 2 business days after shipping.
Next day delivery
If requested, add $20.00 to standard D&P. Your order should arrive the next business day after shipped, if ordered by 12:00 noon (PST). An additional $15.00 will be added if Saturday delivery is requested. Please note that overnight orders placed after 12:00 noon (PST) Friday, or on Saturday or Sunday will be processed Monday and should arrive the next business day after shipped.
“Standard” delivery Complimentary
“Two-day” delivery $25.00
“Next day” delivery $35.00
“Saturday” delivery Add $15.00 to next day delivery charges.
“Returned Products” No charge as long as our mailing label is used and return procedure followed
6.2 Shipment cost will be displayed, along with other costs related to the purchase, at the end of the order form prior to confi rmation of the Order.
7.1 Customer shall check the Products immediately upon delivery to determine compliance with the Order.
8. Product Returns
7.2 Customer should describe any defects (i.e. packaging shows evidence of tampering, damaged Product, missing Products or items, or Products different than those ordered and/or indicated in the shipment document) in writing directly on the delivery document to be signed by Customer.
7.3 If one or more Products delivered are different from the ones ordered, or are damaged, Customer must promptly inform Ferragamo by contacting Customer Care Service, except if such defects are described in the delivery document as provided in paragraph 7.2.
In such instance:
Customer’s remedies are limited to (i) returning the Product and requesting a replacement Product, (ii) accepting the defective Product, or (iii) if a replacement Product is not available, returning the Order in whole or in part. Customer has no right to any other compensation or remedy, subject to any mandatory provisions of applicable law.
If Customer elects to return the Product, Customer Care Service will provide Customer with a return reason code that shall be entered on the “return form” included in the packaging in order to complete the return. The Customer will not be charged the shipping costs for any replacement Products, provided they use Ferragamo’s preferred shipper, FedEx.
7.4 In the case of returns, Customer must carefully follow the return procedures established by Ferragamo. Ferragamo advises Customers to contact Customer Care Service for guidance and to ship any returns via FedEx. While FedEx is recommended, Customer is free to choose any other courier service at the Customer’s expense.
8.1 Customer has the right to return Product(s) from its Order, with no penalty and no requirement to specify a reason, by returning the Products it received to Ferragamo within thirty (30) days from the date such Products were delivered. Returns of Sale or Clearance Product(s) and Timepieces must be received by Ferragamo within ten (10) days from date of delivery. Timepiece returns must be accompanied with their original warranty booklet.
9. Product Liability
8.2 Customer may return part or all of an Order, subject to paragraph 8.1.
8.3 In connection with returning Products, the Customer must use the return form enclosed in the packaging.
8.4 Customer acknowledges that: Customer is responsible for and assumes all risks relating to shipment, including delays; and Customer is not responsible for shipping expenses related to returning such Products provided that Ferragamo return procedures are followed (including, without limitation, use of Ferragamo’s preferred shipper, FedEx).
8.5 Customers are advised to utilize FedEx (information will be in the package received by Customer) for returning Products. However, Customer may elect to choose to use any courier service at the Customer’s expense.
8.6 In addition to paragraphs 8.1 and 8.3, to be a valid and effective return, the following conditions must be met: the return form must be correctly fi lled in and enclosed with the returned Product or Products; Products must be returned in original condition and in the original packaging; and if applicable, all tags must still be attached to any returned Product. All returns are subject to Ferragamo’s verifi cation that returned Products are still in original condition.
8.7 If a return is made in accordance with all the above conditions, Ferragamo will refund Customer with the sum already paid by credit card as soon as possible, and in any event, within thirty (30) days starting from the time that Ferragamo receives and inspects the Customer’s returned Products. The sums shall be deemed refunded when actually credited in original form of payment not later than the above-mentioned deadline.
8.8 Ferragamo will only accept, in the manner described above, returns or replacement orrefund requests solely for Products that were purchased from the Site.
9.1 FERRAGAMO DOES NOT MAKE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY CUSTOMER, WITH RESPECT TO ANY PRODUCT.
10. Applicable Law and Disputes
To the extent possible under applicable law, Customer expressly waives and disclaims any benefi ts, rights, and warranties provided under Canadian federal or provincial Sale of Goods legislation, and releases Ferragamo of all obligations or liability pursuant to the same. Ferragamo shall not be responsible to Customer or to any subsequent user or users for any damage, loss or claim, whether direct, indirect or consequential, whether for injury to property or person, in any matter whatsoever and Customer hereby waives any and all such claims on its behalf and on the behalf of any person or party to whom it transfers the Products, and releases Ferragamo of all liability in respect of same.
9.2 In the event any Product does not conform to the Order, Customer’s remedies shall be limited to the remedies described in paragraph 7.3. Under no circumstances shall Ferragamo be liable for claims for any damages, whether direct, immediate, foreseeable, incidental, consequential or special or for any expenses or incurred by reason of the use or misuse, sale or fabrication of products which do not conform to the terms and conditions of the Order.
10.1 These Terms, any Specifi c Estimations, and any dispute that may arise between Customer and Ferragamo shall be governed by the laws of the State of New York, and the applicable federal laws of the United States of America, without regard to principles of confl ict of laws. To the extent possible under applicable law, Customer and Ferragamo expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods, and Canadian federal or provincial Sale of Goods legislation, including without limitation the International Sale of Goods Act in force in the applicable province or territory of Canada, all as amended, replaced or re-enacted from time to time.
10.2 In the event any dispute shall arise related to the Terms, any Specifi c Estimation, or any Order, such dispute shall be submitted to arbitration in the State of New York.Any arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration. With respect to the Terms, any Specifi c Estimation or any Order shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. Customer agrees to waive any right it may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Ferragamo related to this the Site, the Terms or the Specifi c Estimations and, where, applicable, Customer agrees to opt out of any class proceedings against Ferragamo or its licensors.
10.3 These Terms, any Specifi c Estimations, and any and all other legal notices and policies on the Site constitute the entire agreement between Ferragamo and Customer regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Ferragamo and Customer with respect to such subject matter.
10.4 These Terms shall be deemed severable. In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
For any further information, assistance or complaints, Customers may send an e-mail to: email@example.com, or contact Salvatore Ferragamo, 663 Fifth Avenue, New York, NY 10022, Attention: Marketing, or contact Customer Care Service.
APPENDIX 1: MAXIMUM AMOUNT OF PRODUCTS THAT MAY BE PURCHASED BY CATEGORY
The maximum number of Products that may be purchased will be based on the article and the number of the same Product ordered in different sizes will be included towards the maximum limit for such article.
The maximum number of Products that may be purchased is shown in the table below: Product category Maximum amount of the Product that may be purchased in each order
Women’s footwear 3
Men’s footwear 3
Women’s small leather goods 4
Women’s handbags and suitcase 2
Women’s belts 3
Men’s suitcase 2
Men’s small leather goods 2
Men’s belts 4
Women’s accessories 3
Women’s gifts 2
Women’s jewelry 2
Women’s gloves/hats 4
Men’s accessories 3
Men’s gifts 3
Men’s jewelry 3