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銷售條款和條件
Terms and Conditions of Sale
Effective as of 1st January, 2020
These Terms and Conditions of Sale regulate the supply and sale of products in the eCommerce section ("Store") of the website www.hogan.com (hereinafter, the "Site").
The products commercialized within the Store (hereinafter, the "Products") are supplied and sold by Tod's S.p.A. (with registered office in Via Filippo della Valle 1, Sant'Elpidio a Mare (FM), fiscal code / vat and registration number under the companies register of Fermo (Italy) 01113570442, share capital Euro 66.187.078 fully paid up, R.E.A.: no. 114030 Fermo (Italy) data processing n. FM 004894). Tod's S.p.a, is owner of the Site and the Store, as well as owner of TOD'S, FAY, HOGAN and ROGER VIVIER brands.
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- 1. Scope and Browsing of the Store1.1 The supply and sale of Products on the Store represent a distance sales contract regulated by Chapter I, Title III (Section 45 et ss.) of the Legislative Decree 6 September 2005, No. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.
1.2 The Terms and Conditions of Sale apply to all sales carried out by TOD’S SPA on the Store.
1.3 The Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall come into force starting from their publication on the Store, in the "Terms and Conditions of Sale" section. Users are therefore invited to visit the Store on a regular basis and, prior to any purchase, to read the most recent version of the Terms and Conditions of Sale.
1.4 The applicable Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.
1.5 These Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than TOD’S SPA, which are available on the Store through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user shall check their conditions of sale. TOD’S SPA is not liable for the supply of services and/or the sale of products by these parties. TOD’S SPAdoes not carry out any checks on and/or monitoring of the websites that can be reached through these links. TOD’S SPA therefore takes no responsibility for the contents of these sites or for any possible mistakes and/or omissions and/or legal violations by the said websites.
1.6 The user shall carefully read these Terms and Conditions of Sale, made available by TOD’S SPA in the "Terms and Conditions of Sale" section of the Store and which can be stored and reproduced, as well as other information that TOD’S SPA provides in the Site or the Store, both before and during the purchase procedure.
1.7 The actual Conditions of Sale are applicable to the following location: HONG KONG SAR, China (hereinafter, "Hong Kong"). Each “Location” has its own designated Site section and related Store (“Location”).
1.8 The Site allows each user to surf the Store and, upon registration, to make purchases on the Store in any "Location", regardless of the State where the user is located when visiting the Store.
1.9 When the user logs in the Site, the Site recognises, through the IP address, the State from where the user is logging in. The user may, at any time, change the Location, by selecting a different value in the dedicated section “Change Location” within the header or footer of each page of the Site.
1.10 The Location selected for surfing is therefore the one associated with the State from where the user is logging in the Site, or the Location selected by the user at a later time (hereinafter the "Browsing Location"). The Browsing Location is displayed in the header/footer of the Site.
1.11 Any change in the Browsing Location, made after the beginning of the purchase procedure - which coincides with the moment in which the user, in order to put a product in the shopping bag, clicks on "Buy" - is allowed, but determines the interruption of the purchase procedure, the emptying of the shopping bag and the re-directing of the user to the home page of the chosen "Location".
- 2. Purchase on the Store2.1 The purchase of Products on the Store is allowed only to those subjects that:
i. are 18 years old or over;
ii. act in their capacity as consumers, defined as natural persons who, with regard to the purchase of Products, act for purposes unrelated to any business, commercial, professional or craft activities that they may have;
iii. are registered on the Site in accordance with Article 3 here below.
2.2 The user is allowed to purchase more than one Product within the same order ("Multiple Order"). However, it is not possible to buy more than five items of the same Product in one order;. Resellers, wholesalers or all those persons who intend to purchase the Products for the purpose of resale are not entitled to make purchases on the Site. It is therefore forbidden to these parties and all those persons who are not consumers to register on the Site or make purchases on the Site. Subjects mentioned in Article 10.11 are also forbidden to purchase on the Site.
2.3 Should any violations of the above provisions occur or any irregularities in relation to the quantity of products purchased or the frequency and/or modalities of purchases made be noted, TOD’S SPA reserves the right to undertake all actions required to ensure that such violations or irregularities cease immediately, including the non-acceptance or cancellation of irregular orders or, upon joint resolution with Tod's S.p.A., the suspension of the access to the Store or the cancellation of the registration.
2.4 Lastly, TOD’S SPA reserves the right to refuse or cancel orders placed by:
i. a user with whom the company has on-going legal disputes;
ii. a user who has previously violated the conditions and/or terms of the purchase contract with TOD’S SPA;
iii. a user who has been involved in fraud of any type and, in particular, in fraud related to credit card payments;
iv. users who have provided false, incomplete or inaccurate identification data, or users who have not promptly sent to TOD’S SPA the information and/or the documents requested in relation to the procedure set forth by Article 9.7 below or who have sent not valid documents.
- 3. Registration within the Site3.1 The purchase of Products on the Store may only take place upon registration within the Site.
3.2 Registration within the Site is free. To register within the Site, the user must fill out the registration form, entering his/her name, surname, title, an e-mail address and a password and then clicking on "Register". Confirmation of registration will be sent to the user by e-mail.
3.3 The Location in which the user is surfing at the time of registration within the Site is hereinafter referred to as the Registration Location. The Registration Location cannot be modified. Each user may use only one registration.
3.4 The registration within the Site, by opening a personal account called "My Account", enables the user to:
i. save his/her own addresses;
ii. save his/her payment details so they can be re-used for payment in subsequent purchases;
iii. have access to all the information regarding orders and returns;
iv. monitor the state of the delivery;
v. manage his/her own personal data and update them at any time.
3.5 The registration credentials (e-mail address and password) enable the user to make purchases on the Site and, if the user chooses to pay with credit card and enables the "One click buy" payment option, to pay directly for purchases made on the Site, without entering credit card data for each subsequent purchase.
In any case, the registration credentials should be preserved with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user hereby undertakes to keep them secret and to ensure that no third party gains access to them. The user also undertakes to inform TOD’S SPA immediately if he/she has suspicion of or becomes aware of any illegal use or disclosure of the said data.
3.6 The user hereby guarantees that the personal data provided during the registration procedure for the Site are complete and truthful and undertakes to indemnify and hold harmless TOD’S SPA from and against any losses, damages and/or liabilities deriving from and/or in any way connected to the violation by the user of the provisions concerning registration within the site or the storage of registration credentials.
3.7 Registration within the Site implies acceptance of these Terms and Conditions of Sale.
- 4. Information required for entering into a contract4.1. In accordance with Legislative Decree of April 9, 2003, No. 70 containing provisions related to electronic commerce (e-commerce), TOD’S SPA hereby informs the user that:
i. to conclude the purchase contract of one or more Products on the Store, the user must fill out an order form in electronic format and send it to TOD’S SPA electronically, following the instructions that will appear from time to time on the Store;
ii. the contract is concluded when the order form reaches the server of TOD’S SPA;
iii. before submitting the order form, the user will be able to identify and correct any errors in the inserted data, by following the instructions on the Store;
iv. once the order form has been submitted and upon confirmation of the validity of the payment instrument used, except for what specified in Article 9.3 and following paragraphs, TOD’S SPA will send to the user, at the indicated e-mail address, the confirmation of the order, containing the following: a summary of the Terms and Conditions of Sale, as well as any particular conditions applicable to the contract, information regarding the main features of the purchased product (including information regarding the personalization options selected by the customer, in case of a Custom Made Product purchase), a detailed indication of the price, the form of payment used, the delivery expenses and any additional expenses, as well as information about the right of withdrawal or its exclusion; the general Terms and Conditions of Sale applicable to the order, standard withdrawal instructions and standard withdrawal form, as specified in Article 11 here below, will be attached, as a PDF file, to the Order Confirmation e-mail.
v. the order form will be filed in the database of TOD’S SPA for the time required for the completion of the contract and, in any case, according to the procedures and time limits set forth by law. To gain access to his/her order form, the user must consult the "My Account - my orders" section of the Store.
4.2. The languages available to users for the conclusion of the contract are Italian, English, French, German and Spanish. Customer Service can communicate with users in the same languages.
- 5. Product Availability5.1. The Products offered in the Store are articles of clothing and accessories (such as, merely by way of example, shoes, small leather goods, bags, glasses, beauty and care accessories, perfumes and watches) contained in the electronic catalogue published on the Store at the time when the user places the order.
5.2. Product availability is constantly monitored and updated. Nevertheless, since the Store may be visited simultaneously by various users, it is possible that more than one user purchases the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually finished or not immediately available, since it is necessary to wait for new availability. The above provisions are without prejudice to the following points regarding Pre-Order, Back-Order and Custom Made Products.
5.3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user and, especially, to Book IV, Title II, Chapter XIV of Italian Civil Code, TOD’S SPA will immediately inform the user by e-mail. The user will therefore be entitled to terminate the contract, without prejudice to the damage compensation, in conformity with Section 61, paragraphs IV and V of the Consumer Code. Alternatively and without prejudice to this right, the user might accept one of the following TOD’S SPA proposals:
i. should the Product become available again: an extension of the terms of delivery, with indications, on the part of TOD’S SPA, of the new term of delivery of the Product;
ii. should the Product not become to be available again: the supply of a different Product, of equivalent or higher value, upon payment, in the latter case, of the difference, upon prior approval of the user.
The user's choice shall be promptly communicated to TOD’S SPA, via e-mail, to the e-mail address indicated Article 16 following.
5.4 If the user avails himself/herself of the right to terminate the contract whereof in Section 61, paragraphs IV and V of the Consumer Code, and the payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and any other additional cost, resulting in the order ("Total Sum Due") - has already been made, TOD’S SPA will refund the Total Sum Due without undue delay and, in any case, within 15 working days starting from the day on which of the order has been placed. The user shall be informed of the sum of the refund by e-mail and the sum will be credited to the user with the same form of payment used by the user for the purchase. In case the payment was made by means of bank transfer, TOD’S SPA will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum.
5.5 In case of Multiple Order, if the unexpected unavailability concerns some of the Products only within the Multiple Order - without prejudice to the user's legal rights and, especially, Book IV, Title II, Chapter XIV of the Italian Civil Code, and without prejudice to the application of Articles 5.3 and 5.4 above, if the unexpected unavailability affects all Products within the Order - TOD’S SPA will promptly warn the user via e-mail. The user will therefore be entitled to immediately terminate the contract, limited to unavailable Product(s), without prejudice to the damage compensation, in conformity with Section 61, paragraphs IV and V of the Consumer Code. As an alternative, and without prejudice to the right to compensation, the user might accept one of the following TOD’S SPA proposals:
i. should the Product(s) within the Multiple Order become available again: an extension of the terms of delivery, with indications of the new term of delivery of the Product;
ii. should the Product(s) within the Multiple Order not become to be available again: the supply, in substitution of the unavailable Product(s), of a different Product(s), of equivalent or higher value, upon payment, in the latter case, of the difference, given prior approval of the user.
The user's choice shall be promptly communicated to TOD’S SPA, via e-mail, to the e-mail address indicated in Article 16 following.
5.6 In case the user avails himself/herself of the termination right, as specified in Section 61, paragraphs IV and V of the Consumer Code, the purchase contract of those unavailable Product(s) within the Multiple Order will be partially terminated, limited to such Product(s), with resulting refund, in case it has already been paid, of the amount due for the Product(s), and any other possible cost specifically related to the Product(s) ("Partial Sum Due"). The termination of the entire Multiple Order will occur only if the unavailable Product(s) of the Multiple Order is/are considered ancillary in respect to the other Product(s), that are available. The Partial Sum Due to the user with reference to the unavailable Product(s) will be refunded without undue delay and, in any case, within 15 working days starting from the day on which the order has been placed. The user shall be informed of the sum of the refund by e-mail and the sum will be credited to the user with the same form of payment used by the user for the purchase. In case the payment was made by means of bank transfer, TOD’S SPA will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum.
Pre-Order Products
5.7 TOD’S SPA reserves its right to offer the user the opportunity to purchase in advance Products belonging to new collections before they are even manufactured. The Products which can be purchased before their own manufacture will be listed in a dedicated section on the Site and/or will be identified with the "Pre-order" caption ("Pre-order Products"); in the Product Sheet of each Pre-order Product, as well as during the whole purchase procedure, and, anyway, before the user is bound to the purchase contract of the Pre-order Product, the date the Pre-order Product will be available will be notified. Pre-order Products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale.
Once the purchase contract is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements as specified in Article 4.1 iv, but specifically referred to Pre-order Products; this e-mail will be different from the one concerning Products, other than Pre-order Products, which might be purchased by the user together with Pre-order Products and/or Back-order Products. The effective charge of the Total Sum Due for the Pre-order Products will take place only once the Pre-order Product is shipped.TOD’S SPA.
Those who purchase a Pre-order Product will be notified via e-mail of the supervening availability of the Pre-Order Product(s) ("Supervening Availability Confirmation E-mail"). Unless otherwise specified in the Product Sheet and/or during the purchase process, all Pre-order Product(s) will therefore be delivered not later than 4-7 working days of receipt of the Supervening Availability Confirmation E-mail. In case the Pre-order Product is not manufactured, or in case of failed or delayed delivery, the provisions of which in Article 10.12 following will be applied. All other provisions in the Terms and Conditions of Sale will also apply.
Back-order Products
5.8 TOD’S SPA reserves its right to offer the user the opportunity to purchase Products which, even if not currently available in the electronic catalogue of the Site (because momentarily out of stock, for instance), can be selected by the user to be purchased. These Products will be listed in a dedicated section on the Site and/or will be identified with the "Back-order" caption ("Back-order Products"). In the Product Sheet of each Back-order Product, as well as during the whole purchase process and, anyway, before the user is bound to the purchase contract of the Back-order Product, the date the Back-order Product will be available again will be notified. Once the purchase contract is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements as specified in Article 4.1 iv, but specifically referred to Back-order Products; this e-mail will be different from the one concerning Products other than Back-order Products which might be purchased by the user together with Back-order Products and/or Pre-order Products. Back-order Products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale; the effective charge of the Total Sum Due for Back-order Products will take place as specified in the second paragraph of Article 5.7 above.
Those who purchase a back-order Product will be notified via e-mail of the supervened availability of the Back-Order Product(s) ("Supervening Availability Confirmation E-mail"). Unless otherwise specified in the Product Sheet and/or during the purchase process, all Back-order Product(s) will therefore be delivered not later than 4-7 working days since receipt of the Supervening Availability Confirmation E-mail. In case the Back-order Product will not be available again, or in case of failed or delayed delivery, the provisions of Article 10.12 following will apply. All other provisions in these Terms and Conditions of Sale will also be effective, if applicable.
Custom Made Products
5.9 TOD’S SPA reserves its right to offer the user the opportunity to purchase Custom Made Products, namely products that, starting by a base model, the user can personalize with the options available from time to time ("Custom Made Products"). Custom Made Products will be listed in a dedicated section of the Store and/or will be identified with the "Custom Made" caption; in the Product Sheet of each Custom Made Product, as well as during the whole purchase procedure, and, anyway, before the user is bound to the purchase contract of the Custom Made Product, the date the Custom Made Product will be available will be notified. Custom Made Products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale,. Once the purchase contract is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements as specified in Article 4.1 iv, but specifically referred to Custom Made Products; this e-mail will be different from the one concerning Products, other than Custom Made Products, which might be purchased by the user together with Custom Made Products.
The effective charge of the Total Sum Due for the Custom Made Products will take place as specified in article 9 hereafter.
Unless otherwise specified in the Product Sheet and/or during the purchase process, all Custom Made Product(s) will therefore be delivered not later than 8-9 weeks from the order placement.
In case the Custom Made Product is not manufactured, or in case of failed or delayed delivery, the provisions of which in Article 10.12 following will be applied. All other provisions in the Terms and Conditions of Sale will also apply. Users are reminded that, for Custom Made Products, both the right to replace the product (art.8.3 hereunder) and the right of withdrawal (art.11 hereunder) shall not apply.
- 6. Information about the ProductsEach Product is accompanied by a product information sheet which illustrates its main features and, in case of Custom Made Product, the personalization options currently available to the customer ("Product Sheet"). The images and descriptions on the Store reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used by users to visualize them. Moreover, the images of the Product in the Product Sheet may differ in dimension or in relation to accessory products. These images must therefore be understood as approximate and with the usual tolerance values. For the purposes of the purchase contract, the description of the Product in the order form transmitted by the user shall be considered valid.
- 7. Prices7.1 All the prices of the Products published on the Store are expressed in Hong Kong Dollars.
7.2 Users are hereby informed that, due to various factors, including the business policy of the owners of the brands, the price of the Products offered for sale on the Store may differ according to the different Countries.
7.3 TOD’S SPA hereby reserves the right to change the price of Products at any time, without prior notice, it being understood that the price charged to the user shall be the one indicated on the Store at the time of placing the order and will not take account of any variations (either increases or decreases) subsequent to the transmission of the said order.
7.4 If a Product is offered on the Store at a discounted price, the Product Information Sheet shall indicate (i) the full price with respect to which the discount has been calculated and (ii) what this full price corresponds to. It will be understood that the offer of Products at discounted prices shall only take place if the full price of the Product corresponds to the actual market price of the Product.
- 8. Purchase orders8.1 The Products shall remain the property of TOD’S SPA until the payment of the Total Sum Due by the user is made. If the Total Sum Due is not paid or if the successful outcome of the payment is not confirmed, the purchase contract shall be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code, without prejudice to what expressed in Article 9.3. The user shall be informed by e-mail of the contract termination and of the subsequent cancellation of the order.
8.2 TOD’S SPA will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Any risk of loss or damage of the Product(s) which cannot be attributed to TOD’S SPA, will be handed over to the user, when this latter or a third party designated by the user and other than the carrier, will materially come into possession of the Product(s).
8.3 In the event that, after the purchase of a Product and its delivery to the user, the user wishes to replace it - without prejudice to the rights the user has in accordance with the law and according to the provisions of Articles 11, 12 and 13 of these Terms and Conditions of Sale - the replacement shall occur within 14 days as of the date on which the Product that the userpurchased has been delivered, provided that: (i) the Product is intact, complete in all its parts, equipped with all accessories, illustrative sheets, identification tags and labels, placed inside its original packaging together with a copy of the purchase invoice and of the exchange form whereof in the following paragraph, duly filled out in all its parts, and that (ii) the Product requested by the user as a replacement for the one originally purchased is available on TOD’S SPA.
In order to proceed with the replacement whereof in the paragraph above, the user shall follow the procedure specified in the document providing the exchange form and the related replacement instructions, placed inside the box which used to contain the item purchased by the user; this procedure can be consulted in the "Replacement" section of the Website.
Should TOD’S SPA verify that the replacement procedure specified in this Article 8.3 has been correctly followed by the user, TOD’S SPA will:
(i) refund the amount paid for the Product (delivery expenses the user might have incurred for purchasing the item he/she wishes to replace and any other additional cost paid as a result of the order not included) without undue delay and in any case within and no later than 3 working days as of the moment TOD’S SPA receives the parcel containing the item the user is returning. The refund will occur using the same payment method used for the initial transaction. The user will be also sent a refund confirmation e-mail;
(ii) charge the user with the price of the item he/she has requested as a replacement once TOD’S SPA will send it to the user (regardless of the price being the same, or lower, or higher if compared to that of the product originally purchased in the first place) using the same payment method used for the initial purchase. At the time of shipping the user will be sent a shipping confirmation e-mail;
(iii) deliver the item the user has selected as a replacement, once TOD’S SPA receives the parcel with the item the user means to replace, within the terms of delivery specified in the instructions whereof in this Article 8.3, second paragraph, above.
This article 8.3 shall not apply to Custom Made Products, therefore the right to replace such products is excluded.
- 9. Payment forms9.1 The payment of the Products purchased on the Store can be made:
by credit card; the credit cards accepted by TOD’S SPA are specified in the footer, on the bottom right of every page of the Site;
If one or more of the payment methods listed above cannot be used, also possibly in regard to a specific Product or product type, this will be explicitly specified on the Site, at the beginning of the purchase procedure or, at the latest, before the user enters into the purchase contract and places the order. In any case, the payment methods which are not available will not be selectable during the purchase process. Moreover, if the user cannot complete the payment with one of the methods listed above, TOD’S SPA reserves the right to accept payments via European Bank Transfer, as specified in Article 9.3 and seq. In case of replacement of Product(s) upon the user's request, as regulated in Article 8.3 above, TOD’S SPA will proceed with the refund and subsequent charge as described in Article 8.3, last section, par. (i) and (ii) above.
9.2 In the case of payment by credit card, TOD’S SPA, at the time of order placement, will not charge the Total Sum Due but will merely check the validity of the card and the absence of possible blocks. The charge of the Total Sum Due will only be made at the time of shipping.
9.2.1 In case of payment by credit card (except for Maestro), by selecting the "Save these purchasing details for future use" box in the "Details of Purchase" page of the purchase procedure, the user hereby authorizes the memorization of the inserted payment option details and their re-use for the payment of subsequent purchases on the Store, thus avoiding the need to insert such data at each purchase ("One click buy"). The user may, at any time, revoke authorization of the re-use of the payment option details for subsequent purchases, by accessing his/her personal account and clicking on "Remove" in the section "Payment details".
TOD’S SPA uses the safe payment service of the company Global Collect Services (Ingenico Payments), which involves the use of the SSL protocol. The reserved data of the credit card (card number, start date, expiry date, security code), o are encrypted and transmitted directly to the payment handler without passing through the servers of TOD’S SPA. TOD’S SPA therefore does not have access to the data used by the user for payment of the Products, not even in the case that the user chooses the "One click buy" payment method, except for the case set forth in Article 9.7, with only reference to the card holder's data.
9.3 If the user cannot complete the payment of the order with any of the payment methods listed in Art. 9.1 above (for example: negative feedback during the verification of the credit card validity and/or absence of blocks; lack of funding on bank account the credit card is tied to; reaching of the maximum expense cap, etc.) and in case TOD’S SPA decides not to terminate the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code, the user's order will be suspended and the Customer Service will contact the user to offer him/her European Bank Transfer payment as an alternative.
9.3.1 In case the user accepts to pay via bank transfer, the Customer Service will send him/her an e-mail including the bank account details for the bank transfer.
9.3.2 The payment of Products via bank transfer should be made within and no later than four working days of receipt of the e-mail whereof in Article 9.3.1. Failure to comply will cause the automatic termination of the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code. The termination contract, of which the user will be notified vie e-mail, will imply the cancellation of the order and the refund of the Total Sum Due, possibly paid with delay. Article 5.4. above is applicable, as the case may be.
9.3.3 In case of payment via bank transfer, the delivery term of the Product(s) will be effective starting from the bank transfer receipt date on the part of TOD’S SPA or from the receipt date of the bank transfer receipt on the part of TOD’S SPA, depending on which of these two cases happens first. To facilitate the connection between bank transfer payment and the order, the user is required to specify:
Order number;
· Date of transmission of the order;
· First and Last name of the order's holder in case it differs from the bank account holder's name.
It is advisable for users to promptly send to TOD’S SPA, via e-mail, the receipt of successfully completed bank transfer.
9.3.4 The information whereof in Articles 9.3.1, 9.3.2 and 9.3.3 will be included: (i) in the order confirmation e-mail, as specified in Article 4.1 (iv) above, if it has not already been sent to the user, or (ii) in a dedicated e-mail, in case the order confirmation e-mail whereof in Article 4.1 (iv) has already been sent to the user.
9.7 In order to guarantee the security of payments made on the Store and to prevent any fraud, TOD’S SPA hereby reserves the right to request the user, by e-mail, to send, using the same procedure, a copy (front and back) of his/her currently valid ID card, and, in case the order's holder is different from the credit card's account holder, the ID card of the latter; TOD’S SPA may also ask, as an alternative or as an extention to what detailed above, the authorization code for the transaction related to the Order placed by the user. The e-mailed request will specify the term by which the document shall be sent to TOD’S SPA. This term will not, in any case, be more than 5 working days starting from receipt of the request by the user. While waiting for the requested information / document, the order shall be suspended. The user is required to send the information / document requested within the indicated term. If TOD’S SPA does not receive such information / documents within the term indicated in the e-mailed request or receives expired or not valid documents, the contract shall be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code and the order shall be subsequently cancelled, without prejudice to the right of TOD’S SPA to claim damages that TOD’S SPA may incur due to the non-compliance of the user. The contract, termination of which the user shall be informed by e-mail, within and no later than 5 working days from the expiry of the term for sending the information / documents requested by TOD’S SPA, shall lead to the cancellation of the order and the refund of the Total Sum Due which may already have been paid by the user, with the application of the refund methods specified in Article 5.4, if compatible. If TOD’S SPA receives valid information / documentation within the indicated term, the terms of delivery applicable to the Product shall start from the date of receipt of the said information / documentation.
9.8 In any case the invoice shall be issued at the moment of delivery and shall be sent via e-mail to the user, to the user's registered e-mail address.
- 10. Delivery of the Products10.1 Delivery of the Products purchased on the Store is carried out in all the States indicated in Article 1.7 above, at the delivery address indicated by the user in the order form. However, delivery can only be made in the territory of the State associated with the "Location" in which the user is surfing at the time in which he/she begins - and up to the conclusion of - the purchase procedure by clicking on "Add to basket" ("Location of Purchase") (e.g.: if the user, when beginning the purchase procedure of the product x and clicking on "Add to Basket", is surfing in the "location" HONG KONG, the delivery of the product can only be undertaken in HONG KONG).
10.2 The user is therefore obliged to insert in the order form a delivery address which is located within the territory of the State associated with the Location of Purchase. Orders that contain the indication of a delivery address outside such territory shall be cancelled pursuant to and in accordance with Section 1456 of the Italian Civil Code and the Total Sum Due shall be refunded, if already paid, using the procedures and within the terms indicated in the previous Article 5.4, if compatible.
10.3 Delivery cannot be made to P.O. Boxes or poste restante. If the delivery address is a P. O. box, or a poste restante, TOD’S SPA shall terminate the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code and refund the Total Sum Due, if already paid, using the procedures and within the terms indicated in the previous Article 5.4.
10.4 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Information Sheet or in other parts where this is communicated. The amount of the expenses shall be expressly and separately indicated (in Hong Kong Dollars and inclusive of VAT) in the Product Information Sheet and, in any case, before the user proceeds with the placement of the order, as well as in the e-mail confirming the order.
In case it is necessary to refund the delivery expenses due to withdrawal from a Multiple Order as specified in Article 11 following, TOD’S SPA will proceed in refunding the cost of said expenses only if the user intends to withdraw the entire Multiple Order; in such case, the cost of the delivery expenses will be fully refunded. Otherwise, the refund will not take place, given to the fact that the delivery fees incurred by the user (which TOD’S SPA always considers as a fixed amount, regardless the number of ordered Products) are attributable to the delivery of other Products, other than those the user has withdrawn, part of the Multiple Order.
If, instead, the refund of the delivery expenses follows the unavailability of one of the Products in the Multiple Order, as regulated in Articles 5.5 and 5.6, or, alternatively, a non-fulfilment case on the part of TOD’S SPA as specified in Article 10.13, TOD’S SPA will proceed in refunding the cost of the delivery expenses in the following fashion:
(i) if the user has selected the standard delivery option, by crediting him/her the amount of 3,00 euros for each unavailable Product/Product subject to TOD’S SPA's non-fulfilment, or, the user request granting him/her a coupon which can be used on the Store via a promo code, of the same amount paid by the user for the delivery expenses;
(ii) if the user has selected the express delivery option, by crediting him/her the amount of 5,00 euros for each unavailable Product/Product subject to TOD’S SPA's non-fulfilment, or, optionally, if the user wishes so, he/she will be allowed a coupon which can be used on the Store via a promo code, of the same amount paid by the user for the delivery fees.
In none of these cases the refundable delivery fee amount shall exceed the sum effectively paid by the user for the delivery of the Products. The user's choice - between the two options in Article 10.4 (i) or Article 10.4 (ii) shall be promptly notified to TOD’S SPA via e-mail at the e-mail address specified in Article 16 following. If the case user has chosen for the crediting of the amount as specified in Article 10.4 (i) or Article 10.4 (ii), this will occur as set forth in Article 10.16.
10.5 The terms of delivery are those indicated in the Product Sheet, before the user places the order, and in the e-mail confirming the order. They are eddective from the moment the order is placed,, sawed what expressed in Article 9.3.3. In the case of omission of a term of delivery, this will take place, in any case, within thirty days, effective from the day the contract is concluded. The delivery terms are calculated considering only working days and excluding Saturdays, Sundays and holidays.
10.6 At the time of shipping (i.e. the moment the Products to the carrier), the user shall be sent an e-mail confirming the delivery and containing a link that will allow him/her to track the delivery.
10.7 Deliveries shall be made using the UPS courier service, from Mondays to Fridays in normal office hours, excluding national holidays. TOD’S SPA hereby reserves the right to use other carriers and/or to use different forms of delivery. In this case the change shall be indicated in the Product Information Sheet or with another dedicated form of communication.
10.8 The obligation to delivery is fulfilled through the transfer of material availability or, in any case, of the Product(s) control to the user.
10.9 It is the responsibility of the user to check the conditions of the Product upon delivery. Provided that the risk of loss or damage of Products, not attributable to TOD’S SPA, is transferred to the user when the user or a third party designated by him/her and other than the carrier materially comes into possession of the Products. The user is strongly advised to check the state of the packaging and the number of Products received and the user is requested, where possible, to indicate any anomalies in the transport document of the carrier. If the package displays signs of tampering or alteration, the user should immediately communicate this to the Customer Service department; it being understood that the regulations regarding the right of withdrawal and legal guarantee of conformity still apply.
10.10 The user takes good notice that collection of the Product is his/her specific obligation deriving from the purchase contract. In the case of non-delivery due to the absence of the consignee at the address specified in the order form, the courier shall leave a notice of passage in the letterbox containing a contact number. The courier shall therefore make a second attempt to deliver the goods. After two failed attempts to deliver the product, the parcel shall be placed in the "unclaimed goods" section. The Customer Service department shall therefore send an e-mail to the user in order to unblock the unclaimed parcel and ensure that the parcel is delivered as soon as possible. If necessary, the Customer Service department shall arrange with the User a change in the delivery address. If this attempt should fail or the user does not reply to the Customer Service department's attempt to make contact, the Product shall be returned to TOD’S SPA and, in any case, 30 working days after the first attempt of delivery, the contract shall be deemed to be terminated and the purchase order shall be considered cancelled in accordance with Section 1456 of the Italian Civil Code. TOD’S SPA shall therefore proceed, within 15 working days following the termination of the contract, to refund the Total Sum Due paid by the user, deducting the expenses for the unsuccessful delivery of the Product, the expenses for returning the product to TOD’S SPA and any other expenses it may have incurred due to the absence of the consignee. The user shall be informed of the termination of the contract and the sum of the refund by e-mail. The refund shall be credited to the same means of payment used by the user for the purchase. If the user has paid via bank transfer, TOD’S SPA will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the payment method used. In any case, the value date of the credited sum shall be the same as the charged sum.
If, before the expiry of the thirty days the user asks to receive the Product again, TOD’S SPA shall proceed to arrange for the new delivery upon the charge, as well as the expenses for delivery, of the expenses for the return of the Product to TOD’S SPA and the expenses for storage.
10.11 Anyone who has not collected the parcel on more than two occasions cannot make purchases on the Store. If these parties should make orders which violate this provision, the purchase contract can be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code. The user shall be informed of the termination of the contract by e-mail and the Total Sum Due shall be returned to the user using the procedures and terms in accordance with the above Article 10.10.
10.12 If the purchased Product is not delivered or its delivery is delayed with respect to the terms of delivery indicated in the Product Sheet and in the order confirmation, the user, in accordance with Section 61 of the Consumer Code, requests TOD’S SPA to carry out the delivery within an additional time limit suitable to the circumstances ("Additional Time Limit ex Section 61, paragraph III, Consumer Code"). If this additional time limit expires before the Products are delivered, the user is entitled to terminate the contract ("Termination of the Contract ex Section 61, paragraph III, Consumer Code"), without prejudice to the right to damage compensation. The user is unencumbered with granting TOD’S SPA the Additional Time Limit ex Section 61, paragraph III, Consumer Code ("Excluded Cases") if:
a) TOD’S SPA has expressly refused to deliver Products;
b) The compliance to the delivery time specified during the purchase procedure and in the order confirmation shall be considered essential, always considering all the circumstances that have led to entering into the contract ;
c) The user has informed TOD’S SPA, before entering into the contract, that the delivery on or before a certain date is to be considered essential.
In the Excluded Cases appendix if the user does not receive the Products on or before the delivery time indicated during the purchase process and in the order confirmation is entitled to terminate the contract immediately, without prejudice to the damage refund ("Termination of the Contract in Excluded Cases").
The specification of the Additional Time Limit ex Section 61, chapter III of the Consumer Code and the notification of the Termination of the Contract ex Section 61, paragraph III, Consumer Code, or Termination of the Contract in Excluded Cases shall be notified by the user to TOD’S SPA to the addresses specified in Article 16 following.
In case of Termination of the Contract ex Section 61, paragraph III, Consumer Code or Termination of the Contract in Excluded Cases, TOD’S SPA will refund the user the Total Sum Due without undue delay. The refund shall occur as specified in Article 10.16 following.
In case the user does not proceed in setting the Additional Time Limit ex Section 61 paragraph III of the Consumer Code, or, if the conditions occur, in the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in Excluded Cases, except in the case the user avails himself/herself of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, TOD’S SPA undertakes to:
i. Promptly notify the user via e-mail of the delayed delivery ("Delay Notice E-mail"), simultaneously specifying the new delivery term, if available ("New Delivery Term");
ii. Refund to the user the delivery expenses, if already paid, within 10 working days of the New Delivery Term due date, in case of delivery with a delay from 1 to 3 working days in respect to the New Delivery Term, or not requesting the payment of the delivery expenses if not yet paid;
iii. allow the user, upon request of the user, to reject the delivery and terminate the contract in case of delivery with a delay from 4 to 10 working days in respect to the New Delivery Term - with consequent refund of the Total Sum Due if already paid, immediately and, anyway, within 10 working days as of the request of termination of the contract - or, as an alternative, in case the user does not intend to terminate the contract, to refund the user the delivery expenses, if already paid, within 10 working days as of the request, or not to request the payment of the delivery expenses if not already paid for;
iv. offer the user, in addition to what expressed in Article. 10.12 above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference upon the user's express acceptance, if the delay is higher than 10 working days in respect to the New Delivery Term or, in any case, higher than 20 working days in respect to the original delivery date.
10.13 In case of Multiple Orders containing Products which need to be delivered separately, the provision whereof in Article 10.12 above will find independent application for each delivery case. In respect to each delivery and therefore, limited to the Products pertaining the same, the user may proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code and the Termination of the Contract ex Section 61, paragraph III of the Consumer Code, or the Termination of the Contract in Excluded Cases, if the conditions occur. In this case, TOD’S SPA will refund the User the Partial Sum Due without undue delay. The refund will occur according to what expressed in Article 10.16 following.
In case the user does not proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code or, if the conditions occur, the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in the Excluded Cases, in regard to each delivery and related Products, without prejudice to the possibility for the user to avail himself/herself at any time of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, TOD’S SPA undertakes to:
i. Promptly send to the user the Delay Notice E-mail, simultaneously specifying the new delivery term, if available;
ii. in case of delivery of one of the Products included in the Multiple Order with a delay from 1 to 3 working days in respect to the New Delivery Term, refund the user the delivery expenses, if already paid, calculated as indicated in Article 10.4 above, within 10 working days of the New Delivery Term due date, or not requesting the payment of the delivery expenses, if not yet paid.
iii. Allow the user, upon his/her request, to reject the delivery and partially terminate the contract, limited to and in exclusive reference to the Product included in the Multiple Order that has been delivered with delay, in case of delivery of one of the Products included in the Multiple Order with a delay from 4 to 10 working days in respect to the New Delivery Term, with subsequent refund of the sole amount paid by the user for that specific Product, including delivery expenses, calculated as indicated in Article 10.14 above, immediately and, anyway, within 10 working days as of the request of partial termination of the contract, or, as an alternative, in case the user does not intend to partially terminate the contract, to refund the user - within 10 working days as of the request - the delivery expenses, if already paid, within 10 working days of the request, or not to request the payment of the delivery expenses, if not already paid for. The termination of the entire Multiple Order shall occur only if the not delivered Product(s) of the Multiple Order is/are considered ancillary in respect to the other Product(s) already delivered on time or to be delivered yet.
iv. offer the user, in addition to what expressed in Article 10.13 (iii) above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference, upon the user's express acceptance, if the delay in the delivery of one of the Products included in the Multiple Order is higher than 10 working days in respect to the New Delivery Term, or, in any case, higher than 20 days in respect to the original delivery date.
10.14 In case of failed sending of the Delay Notice E-mail or failed setting of the same in the New Delivery Term, all terms whereof in Articles 10.12 (ii), (iii) and (iv), and 10.13 (ii), (iii) and (iv) above will become effective starting from the original delivery date.
10.15 The acceptance of the New Delivery Term and, in the cases whereof in Article 10.12 (iii) and (iv), and 10.13 (iii) and (iv), the user's choice shall be promptly notified to TOD’S SPA via e-mail to the e-mail address whereof in Article 16 below.
10.16 In all cases whereof in Articles 10.12 and 10.13 above where a refund is due to the user, the sum of the refund shall be notified to the user via e-mail. It shall be credited to the user using the same method of payment used by the user for the purchase. In case of payment via bank transfer, TOD’S SPA will request the user his/her bank account details necessary to the refund. Any delays may depend on the bank or the type of credit card used or the payment method used. In any case the value date of the re-credited sum shall be the same as the charged sum.
- 11. Right of withdrawal11.1 The user - who acts as a consumer - has the right to withdraw from the purchase contract of the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in Article 11.7 following, within fourteen calendar days. The withdrawal period ("Withdrawal Period") expires after 14 days:
a) in case of a one-Product order, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the Product;
b) in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last Product; or c) in case of an order which includes a Product consisting of parcels or multiple items, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last parcel or item.
11.2 To exercise the right of withdrawal, the user must inform TOD’S SPA, prior to the expiry of the Withdrawal Period, of his/her decision to withdraw.
11.3 For this purpose, the user may:
a) use the standard withdrawal form available on the Site before the termination of the contract ("Standard Withdrawal Form") and attached to the Order Confirmation e-mail; or
b) present any other declaration in which he/she explicitly states his/her decision of withdrawing from the contract ("Declaration of Withdrawal").
11.4 The user has exercised his/her right of withdrawal within the Withdrawal Period if the notice regarding the exercise of the withdrawal right is sent before the Withdrawal Period expiry date. In case the user avails himself/herself of the Declaration of Withdrawal, the Consumer is requested to indicate in the Declaration of Withdrawal the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address. Since the burden of proof concerning the exercise of the withdrawal right before the expiry of the Withdrawal Period falls on the user, this latter might want to avail himself/herself of a durable support when he/she notifies TOD’S SPA his/her withdrawal intentions.
11.5 The user must therefore arrange for the Products to be returned to TOD’S SPA without undue delay and in any case before 14 calendar days as of the date the user has informed TOD’S SPA of his/her decision to withdraw from the contract. The term is observed if the user sends the Products before the expiry of the previously mentioned 14-days period. As far as the return is concerned, the user shall follow the procedure indicated in Article 11.6 following, as well as the standard withdrawal instructions, containing all information necessary to exercise one's right to withdrawal, available for the users on the Site, before the termination of the contract, and attached to the Order Confirmation e-mail.
11.6 During the period mentioned in art 11.5 above, the user, wishing to return the Product from the same Location in which the Product was originally delivered, shall return the Product, suitably protected and wrapped, via UPS courier service, attaching the pre-printed and prepaid label provided to the user together with the Product to the packaging of the Product. The user may then contact UPS, whose contact address and numbers are indicated in the standard withdrawal instructions, in order to arrange the date and place for collecting the parcel.
In this case, the user will not pay the cost of returning the Product, which will be at TOD’S SPA's expense, and will not be liable for the risks of loss or damage of the Product during delivery. The aforementioned procedure is only available if the user is returning the Product from the same Location in which the Product was originally delivered, as specified in the Order Confirmation E-mail (e.g.: if the user purchased the product X and requested it to be delivered to HONG KONG, such procedure will only be available if the pick-up of the Product the user is returning takes place in HONG KONG).
On the contrary, the user, wishing to return the Product from a Location different from the one in which the Product was originally delivered (as specified in the Order Confirmation E-mail), shall return the Product via the courier service of their choice and at their own expenses, without undue delay and, in any case, within 14 days starting from the day on which the user noticed to TOD’S SPA his decision to withdraw from the contract. The deadline will be met if the user has shipped the Product within the 14 days period.
The Product, suitably protected and wrapped, shall be returned to the following address:
TOD’S SPA
LOC. SANT’ANNA PAD. 6 LATO EST
63076 MONTEPRANDONE (AP)
Italy.
In the case mentioned above, the costs of returning the Product (including custom duties) are at the user's expense and under their responsibilities. In the case of Products which cannot be returned with mail service, an estimate of the cost for returning such Products is provided in Art. 11.5 above. In any case, regarding the period for returning the Products set forth in Art.11.5 above, the Products will be deemed returned if they are handed to the courier service specified by TOD’S SPA or to the post office / courier service chosen by the user.
11.7 If the user withdraws from the contract, TOD’S SPA shall proceed in refunding the Total Sum Due paid by the user for the Product, including delivery expenses (except for additional costs deriving from the user's choice to use another delivery method other than the least expensive standard delivery offered by TOD’S SPA), without undue delay and any case within and no later than 14 calendar days of the date TOD’S SPA was informed of the user's decision to withdraw from the contract. The refund amount shall be notified via e-mail; the refund will occur using the same payment method used by the user for the initial transaction (in case of payment via bank transfer, TOD’S SPA will request the user his/her bank account details necessary for the refund), unless the user has agreed otherwise; in any case the User shall not incur in any additional cost following said refund. The value date of the credited sum shall be the same as the charged sum. In case of partial withdrawal for Multiple Orders, the quantification of the delivery expenses to be refunded the user as a result of his/her withdrawal right shall occur as specified in Article 10.4 above.
11.8 The user is solely liable only for the value reduction of the goods resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product. The Product shall anyway be kept, handled and examined with ordinary due diligence and returned complete in all its parts, perfectly functioning, equipped with all accessories and illustrative sheets, with the identification tags and labels, when present, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it was intended and without signs of wear or soiling. Furthermore the right of withdrawal finds application the Product in its entirety. Therefore it cannot be exercised in relation to parts and/or accessories of the Product.
11.9 If the withdrawal is not exercised in accordance with the applicable law, it shall not lead to the rescission of the contract and, as a consequence, shall not constitute the right to any refund. TOD’S SPA shall inform the user within 5 working days of receiving the Product, rejecting the request for withdrawal. In case the Product has already reached TOD’S SPA, it shall remain at this latter and will be available to the user for collection, which will take place at the expense and under the responsibility of the user himself/herself.
11.10 In case the Product for which the right of withdrawal has been exercised has undergone a reduction in value resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product, the refund sum will be reduced in the amount of the value reduction. TOD’S SPA shall inform the user of this circumstance and of the consequently diminished refund amount within 5 working days of the receipt of the Product, providing the user, in case the refund has already been remitted, the bank account details for the payment, on the part of the user, of the amount due because of the value reduction of the Product.
11.11 If the right of withdrawal is excluded pursuant to the applicable law, this exemption shall be expressly and specifically indicated in the Product information Sheet and, in any case, during the purchase process, before the user proceeds with the placement of the order. Pursuant to art.59 of the Consumer Code, the right of withdrawal is excluded in case of Custom Made Products purchase, as such products are custom made and/or clearly personalized by the customer.
- 12. Legal Warranty of Conformity12.1 All the Products sold on the Store are covered by the Legal Warranty of Conformity as provided by articles 128-135 of the ("Consumer Code") ("Legal Warranty").
12.2 TO WHOM IT APPLIES
The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Store for purposes other than entrepreneurial, commercial, craft or professional activities.
12.3 WHEN IT APPLIES
The seller (and, therefore, with regard to purchases made on the Store, TOD’S SPA) is liable vis-à-vis to the consumer for any lack of conformity existent at the time of delivery of the product and which shows up within two years of the said delivery. The seller must be informed of the lack of conformity, under penalty of expiration of the guarantee, within two months from the date in which it was discovered.
Unless proven otherwise, it shall be presumed that the lack of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, the burden of proof to demonstrate that the lack of conformity already existed at the moment of delivery of the product shall lie with the consumer.
In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of the purchase and delivery of the good. It is therefore advisable, to prove the purchase, for the user to keep the invoice sent by TOD’S SPA, as well as the transport document or any other document that certifies the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.
12.4 WHAT IS A LACK OF CONFORMITY?
A lack of conformity exists when the purchased good:
i. is not suitable for performing the function for which goods of the same type are normally used;
ii. does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample or model;
iii. does not display the features and performance that are normal for a good of this type, which the consumer could reasonably expect, considering the declarations made in the advertising or on the labelling;
iv. is unsuitable for the specific use desired by the consumer who informed the seller at the time of the completion of the contract, culminating in the seller's acceptance of the situation.
The Legal Warranty does not cover faults or malfunctioning caused by accidental incidents or due to the user's responsibility or by use of the product that does not comply with its intended use and/or the information contained in the technical documentation accompanying the product.
12.5 SOLUTIONS AVAILABLE TO THE USER
In case of a lack of conformity reported within the prescribed period, the user is entitled:
i. firstly, to the repair or free replacement of the good, according to preference, unless the requested solution is objectively impossible or excessively expensive with respect to the other one;
ii. secondly (in cases where repair or replacement are impossible or excessively expensive or where repair or replacement have not been made within a reasonable period of time or where the repair or replacement have caused significant inconvenience to the consumer) to the reduction in the price or to the termination of the contract, according to the preference of the user.
The requested solution is excessively expensive if entails user unreasonable expenses for the seller compared to alternative solutions, considering (i) the value that the good would have if there was no lack of conformity; (ii) the entity of the lack of conformity; (iii) the possibility that the alternative solution can be achieved without significant inconvenience for the consumer.
12.6 WHAT CAN YOU DO WHEN THERE IS A LACK OF CONFORMITY?
If a product purchased on the Store, during the period of validity of the Legal Warranty, should display what could be a lack of conformity, the user can contact the Customer Service as indicated in Article 16. The Customer Service department will reply promptly to the communication, informing the user of the next steps that he/she should take.
The Product which the user claims has a lack of conformity should be sent to TOD’S SPA which will evaluate the existence or otherwise of the claimed defect, to the following address:
TOD’S SPA
LOC. SANT’ANNA PAD. 6 LATO EST
63076 MONTEPRANDONE (AP)
Italy.
In order to return the Product which, according to the user, presents a lack of conformity, TOD’S SPA makes a pre-paid procedure of return via UPS available for the user, at his/her discretion, and without prejudice to the possibility for the user to proceed in returning the Product(s) via another carrier. The user shall use the pre-printed and pre-paid label which can be found inside the parcel containing the Product, applying it on the package of the Product(s) to be returned and following the procedure specified in the accompanying document of the label itself. Should it be requested, the UPS code of the consignee is Y5239E (Tod’s spa).
TOD’S SPA hereby reserves the right to ask the user to enclose to his/her request the invoice and/or transport document or any other document that proves the date of purchase and the delivery date.
- 13. Manufacturer's Conventional Warranty13.1 The products sold on the Store may, according to their nature, be covered by a conventional warranty issued by the manufacturer (hereinafter referred to as the "Conventional Warranty"). The user can only assert his/her right to the warranty with the manufacturer. The duration, extension (including geographic extension), conditions and procedures, the types of damage/defects covered and the restrictions of the Conventional Warranty depend on the manufacturer and are indicated in the so-called warranty certificate contained in the product packaging.
The Conventional Warranty has a voluntary nature and does not add to, replace, restrict, prejudice or exclude the Legal Warranty.
- 14. Flash Sales and Competitions14.1 TOD’S SPA may organize Sale Events and Flash Sales. These sales shall last for a specific and limited period, which will be clearly indicated on the Store, and may be reserved to certain categories of users registered with the Site who will be informed of the start of the sale through a special e-mailed invitation. The special conditions that apply to these sales shall be indicated in the Product Information Sheet.
14.2 TOD’S SPA may organise competitions and prize draws reserved for users registered with the Site. The Regulations of each competition or prize draw can be consulted in the relevant section of the Site or the Store. If the prizes consist of vouchers or equivalents, they cannot be converted into money.
- 15. Applicable Law; Alternative Dispute Resolution/Online Dispute Resolution15.1 The purchase agreement completed on the Store is subject to Italian legislation.
15.2 An exception regards users whose normal residence is not in Italy for whom the more favourable and binding laws of the Location in which they have their normal residence apply. In particular, with regards to the term for exercising the right of withdrawal, the term for the return of the Products (if this right is exercised), the forms and procedures of communicating the right and the Legal Warranty of Conformity.
15.3 For all disputes arising from the application, execution and interpretation of the Terms and Conditions of Sale, the competent court is the court of the place where the user lives or has chosen to reside.
15.4 Pursuant to Art. 141-sexies, 3rd paragraph of Legislative Decree No. 206 dated 6 September 2005 (“Consumer Code”), TOD’S SPA informs the user who is a consumer according to Art. 3, 1st paragraph, letter a) of the Consumer Code, that, in cases where a dispute between the consumer and TOD’S SPA could not be settled further to a complaint submitted directly by the consumer to TOD’S SPA, the latter shall provide the consumer with the information about the Alternative Dispute Resolution entity or entities (so called “ADR entities”, as set forth by Articles 141-bis et ss. of the Consumer Code) for consumer disputes stemming from a contract executed pursuant to these Terms and Conditions of Sale, specifying whether or not it will make use of the relevant ADR entities to settle the dispute.
Furthermore, TOD’S SPA hereby informs the user who is a consumer according to Art. 3, 1st paragraph, letter a) of the Consumer Code, that a European platform for online dispute resolution for consumer disputes (so called “ODR platform”) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumer/odr/" ; through the platform the consumer may find a list of the ADR entities and relevant link to their websites, as well as start an online dispute resolution procedure for resolving his/her dispute.
The above shall be without prejudice to the consumer’s rights to resort the court competent for the dispute stemming from these Terms and Conditions of Sale, regardless the outcome of the out-of-court procedure, as well as to start, where applicable, an out-of-court dispute resolution procedure pursuant to Chapter V, Title II-bis of the Consumer Code.
The user who is resident in a member state of the European Union other than Italy may also have access, for any dispute arising from the application, execution and interpretation of the Terms and Conditions of Sale, to the European procedure set up for minor disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00 Euros. The text of the regulation is available for consultation on the website eur-lex.europa.eu.
- 16. Customer Service and Complaints16.1 You can request information, send notifications, ask for assistance or submit complaints by contacting TOD’S SPA Customer Service ("Customer Service") pointed out in the following table and list herebelow:
Store
Location
Phone
Email
Tod's
HK SAR, China
+852 28292732
contact-tods-hk@todsgroup.com
Hogan
HK SAR, China
+852 28292730
contact-hogan-hk@todsgroup.com
Roger Vivier
HK SAR, China
+852 28292731
contact-rogervivier-hk@todsgroup.com
- By e-mail, writing to the listed email addresses or filling in and sending the contact request form available in the "Contact Us" section of the Store;
- By phone, Monday through Friday, from 10 am to 7 pm, holidays not included;
- By selecting the "Book a Call Back" option, clicking on the dedicated button in the Product Sheet, "Contact" section
- By selecting the "Request Call Back Now" option available in the "Contact Us" section of the Store, which can be activated by entering your phone number, in addition to the other required fields, in the contact request form;
- Via Chat service, by clicking on the dedicated button in the Product Sheet, "Contact" section;
- By mail, writing to TOD’S SPA, Via Stendhal 35, 20144 Milan Italy.
TOD’S SPA will deal with complaints via e-mail within five days of receipt of the same.