10.1 Delivery of the Products purchased on the Website is carried out in all the States indicated in Article 1.7 above:
a) at the delivery address indicated by the user in the order form; or
b) at a Participating ROGER VIVIER Boutique, if the service is provided, upon selection in the appropriate section of the Website,
irrespective of the user’s nationality, place of residence or establishment. However, delivery can only be made in the territory of the State associated with the "Country" in which the user is surfing at the time in which they begin - and up to the conclusion of - the purchase procedure by clicking on "Add to basket" ("Country of Purchase") (e.g.: if the user, irrespective of nationality, place of residence or establishment, when beginning the purchase procedure for the product x and clicking on "Add to Basket", is surfing in the "Country" Italy, the delivery of the product can only occur in Italy; this means that the user must collect the Product in Italy or arrange private shipping means for the Product to reach its final destination).
If delivery is set to occur at a Participating ROGER VIVIER Boutique, the customer may collect the Product there during normal opening hours. The customer will be notified, by email, that the product is ready to be collected from the Participating ROGER VIVIER Boutique (“Email for Product Collection”). In order to collect the Product, the client must provide a copy of the Order Confirmation or Email for Product Collection, also in electronic form, as well as an identity document. The customer, or person designated by the same, may collect the order; designated persons must provide, along with the documents already specified above, the original, https://www.rogervivier.com/medias/hybris6/elaborati/rogervivier_medias/attachment_pdf/click&collect/GB_EN/Proxy_Form_GB_EN.pdf. ,This form must have been filled out and signed by the delegating person and include a copy of their identity document.
10.2 The user, irrespective of nationality, place of residence or establishment, is thus obliged to insert in the order form a delivery address which is located within the territory of the State associated with the Country of Purchase. Orders that contain the indication of a delivery address outside such territory shall be cancelled in accordance with and for the purposes of Article 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, where appropriate.
10.3 Irrespective of nationality, place of residence or establishment, in Italy Delivery cannot be made to: Livigno, Campione d'Italia, Republic of San Marino and Vatican City; to P.O. boxes or hold mail. If the delivery address is a P. O. Box or hold mail, or one of the above mentioned places, TOD’S SPA shall terminate the agreement in accordance with and for the purposes of Article 1456 of the Italian Civil Code and refund the Total Sum Due, if already paid, using the procedures and within the terms indicated in 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 Euros 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 below, TOD’S SPA will proceed in refunding the cost of said expenses only if the user intends to withdraw from 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 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 for which the user has withdrawn, forming part of the Multiple Order.
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 effective from the moment the order is placed, without prejudice to 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 on which the agreement is entered into. The delivery terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.
10.6 At the time of shipping (i.e., the moment the Products are transferred to the courier), the user shall be sent an e-mail confirming the delivery and containing a link allowing them to track the delivery.
10.7 “Standard” and “express” deliveries shall be made using the courier service selected by TOD’S SPA and specified from time to time in the order confirmation e-mail 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 deliver is fulfilled through the transfer of material availability or, in any case, availability of the Product(s) 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 to Products, not attributable to TOD’S SPA, is transferred to the user when the user or a third party designated by latter other than the courier materially gains 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 courier. 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 acknowledges that collection of the Product is their specific obligation deriving from the sale of goods agreement. In the case of failed delivery due to the absence of the consignee at the address specified in the order form, the courier shall leave a notice in the letterbox specifying a contact number. The courier shall thus make a second delivery attempt. After two failed attempts to deliver the product, the parcel shall be placed in the "unclaimed goods" section. The Customer Service department shall thus 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 contact attempt, or if the parcel is not collected from the selected Participating ROGER VIVIER Boutique, the Product shall be returned to TOD’S SPA and, in any case, 30 business days after the first attempt at delivery, the agreement shall be deemed terminated and the purchase order shall be considered cancelled in accordance with Article 1456 of the Italian Civil Code. TOD’S SPA shall thus proceed, within 15 business days from the termination of the agreement, with the refund of 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 agreement and the amount 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, before the expiry of the thirty days, the user asks to receive the Product again, TOD’S SPA shall arrange for the new delivery upon charging, other than the expenses for delivery, the expenses for returning 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 Website. If these parties should make orders in breach of this provision, the sale of goods agreement may be considered legally terminated pursuant to and in accordance with Article 1456 of the Italian Civil Code. The user shall be informed of the termination of the agreement 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 Article 61 of the Italian Consumer Code, urges TOD’S SPA to carry out the delivery within an additional time limit suitable to the circumstances ("Additional Time Limit pursuant to Article 61, paragraph 3, of the Italian Consumer Code"). If this additional time limit expires before the Products are delivered, the user is entitled to terminate the agreement ("Termination of the Agreement pursuant to Article 61, paragraph 3, of the Italian Consumer Code"), without prejudice to the right to claim damages. The user is unencumbered with granting TOD’S SPA the Additional Time Limit pursuant to Article 61, paragraph 3, of the Italian Consumer Code ("Excepted Cases") if:
a) TOD’S SPA has expressly refused to deliver the Products;
b) Compliance with the delivery time specified during the purchase procedure and in the order confirmation must be considered essential, considering all the circumstances that have led to entering into the agreement ;
c) The user has informed TOD’S SPA, before entering into the agreement, that the delivery on or before a certain date is to be considered essential.
In the Excepted Cases, if the user does not receive the Products on or before the delivery time indicated during the purchase process and in the order confirmation, they are entitled to terminate the agreement immediately, without prejudice to claim damages ("Termination of the Agreement in Excepted Cases").
The specification of the Additional Time Limit pursuant to Article 61, paragraph 3 of the Italian Consumer Code and the notification of the Termination of the Agreement pursuant to Article 61, paragraph 3, of the Italian Consumer Code, or Termination of the Agreement in Excepted Cases shall be notified by the user to TOD’S SPA at the addresses specified in Article 15 below.
In case of Termination of the Agreement pursuant to Article 61, paragraph 3 of the Italian Consumer Code or Termination of the Agreement in Excepted 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 below.
In case the user does not set the Additional Time Limit pursuant to Article 61, paragraph 3 of the Italian Consumer Code, or, if the prerequisites occur, proceed with the pursuant to Article 61, paragraph 3 of the Italian Consumer Code or the Termination of the Agreement in Excepted Cases, save for the case in which the user avails themselves of these remedies and/or the ordinary legal means available and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, TOD’S SPA undertakes to:
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");
Refund to the user the delivery expenses, if already paid, within 10 business 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 request the payment of the delivery expenses if not yet paid;
iii. allow the user, upon their request of the user, to refuse delivery and terminate the agreement in case of delivery with a delay from 4 to 10 business days in respect to the New Delivery Term - with consequent refund of the Total Sum Due, if already paid, immediately and, at any rate, within 10 business days of the request to terminate the agreement - or, as an alternative, in case the user does not intend to terminate the agreement, to refund the user the delivery expenses, if already paid, within 10 business days of the request, or not to request the payment of the delivery expenses if not already paid for;
offer the user, in addition to the provision of Article. 10.12(iii) above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference, provided the user expressly accepts, if the delay lasts longer than 10 business days in respect of the New Delivery Term or, in any case, longer than 20 business days in respect of the original delivery date.
If the user chose the Real Time Banking Payment (where available) or a Maestro card for the initial transaction, the agreement regarding the Product originally purchased will be terminated (consequently, the initially placed order will be cancelled and the Total Sum Due payed will be refunded, as regulated in Article 5.4 above); subsequently, a new order, containing the Product requested by the user as a replacement, will be placed.
10.13 In case of Multiple Orders containing Products that need to be delivered separately, Article 10.12 above shall apply to each delivery separately
10.14 In case of failure to send the Delay Notice E-mail or failure to provide the New Delivery Term within the same, all terms provided in Articles 10.12 (ii), (iii) and (iv) will become effective as of the original delivery date.
10.15 The user must promptly communicate the acceptance or, in the cases provided under Articles 10.12 (iii) and (iv), choice of the New Delivery Term by sending an email to TOD’S SPA at the address described under Article 15 below.
10.16 In all cases provided under Articles 10.10, 10.12 and 10.13 above, where a refund is due to the user, the amount of the refund shall be notified to the user via e-mail. It shall be credited to the user through the same method of payment used for the purchase. In case of payment via bank transfer, TOD’S SPA will ask the user for their bank account details, necessary for the refund. Any delays may depend on the bank or the type of credit card or payment method used. In any case the value date of the credited sum shall be the same as the charged sum.