Effective as of 01/01/2020
These General Terms and Conditions of Sale regulate the supply and sale of products through the website www.rogervivier.com (hereinafter, the “Website" ).
The products marketed on the Website (hereinafter, the "Products" ) are supplied and sold by TOD’S SPA, with registered office in Via Filippo della Valle 1, Sant'Elpidio a Mare (FM), tax code / VAT and registration number with the Companies Register of Fermo (Italy) 01113570442, share capital Euro 66.187,078.00 fully paid up, Economic and Administrative Index No. 114030 Fermo (Italy) data processing No. FM 004894.
On the Website, TOD’S SPA sells ROGER VIVIER branded Products.
Tod's S.p.a, is the owner of the Website, as well as the owner of the ROGER VIVIER trademark.
1.1 The supply and sale of Products on the Website represent a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, No. 206 ("Italian Consumer Code") and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.
1.2 The General Terms and Conditions of Sale apply to all sales processed by TOD’S SPA on the Website.
1.3 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be effective as of their publication on the Website, in the "Legal" section. Users are thus urged to visit the Website on a regular basis and, prior to any purchase, to read the most recent version of the General Terms and Conditions of Sale.
1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.
1.5 These General 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, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must 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 SPA does not carry out any checks on and/or monitoring of the websites that can be reached through these links. TOD’S SPA takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.
1.6 The user shall carefully read these General Terms and Conditions of Sale, made available by TOD’S SPA in the "General Terms and Conditions of Sale" section of the Website and which can be saved and reproduced, as well as other information that TOD’S SPA provides in the Website, both before and during the purchase procedure.
1.7 The General Terms and Conditions of Sale apply in the following States: Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, The Netherlands each of which is associated with a specific section of the Website("Country").
1.8 The Website allows each user to surf the Website and, upon registration, to make purchases in any "Country".
1.9 When the user requests to access the Website for the first time, and at any rate from the effective date of EU Regulation 2018/302 of the European Parliament and the Council of 28 February 2018 (Geo-Blocking Regulation), the user may select a version of the Website out of those that are available, or ones they intend to visit.
This option may be associated with the user’s personal account, if the user possesses one, without being required to repeat this upon every access, remaining unchanged for all future visits the user makes to that same version of the Website. The user retains the right to change this at any time by contacting Customer Services via the addresses and methods as described in Article 15 below, without being prevented from accessing other versions of the Website, as and when they become available.
More specifically, after the purchase process has begun (i.e., when the user, as they add an item to the cart, clicks on “Purchase”), the user may choose to switch to another version of the previously selected Website; however, this will bring the purchase process to a halt, empty the cart and redirect the user to the Home Page of the Website that the user has subsequently chosen to access, as described in the above paragraph.
The above without prejudice to the following:
2.1 The purchase of Products through the Website is only allowed to persons that:
iii. do not fall within the case provided under Article 10.11 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 a single order;
2.3 Should any breach of the above provisions occur or any irregularities in relation to the quantity of products purchased or the frequency of purchases made be observed, TOD’S SPA reserves the right to undertake all actions required to ensure that such breaches or irregularities immediately cease, including the refusal or cancellation of irregular orders or, having so jointly resolved with Tod's S.p.A., to suspend access to the Website or cancel the registration.
2.4 Lastly, TOD’S SPA reserves the right to refuse or cancel orders placed by:
iii. a user who has been involved in fraud of any type and, in particular, in fraud related to credit card payments;
3.1 The purchase of Products on the Website may only take place after registration within the Website.
3.2 Registration on the Website is free. To register on the Website, the user must fill out the registration form, entering their 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 Registration on the Website, by opening a personal account called "My Account", enables the user to:
iii. have access to all the information regarding orders and returns;
3.4 The registration credentials (e-mail address and password) enable the user to make purchases on the Website and, if the user chooses to pay with credit card (except for Maestro) and enables the "One click buy" payment option, to pay directly for purchases made through the Website, without entering credit card data for each subsequent purchase.
In any case, the registration credentials should be preserved with extreme care and attention, they may only be employed by the user and cannot be transferred to third parties. The user hereby undertakes to keep them confidential and to ensure that no third party gains access to them. The user also undertakes to immediately inform TOD’S SPA if they have suspicions of or become aware of any illegal use or disclosure of said data.
3.5 The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless Tod's S.p.A. against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.
3.6 Registration on the Website implies acceptance of the General Terms and Conditions of Sale.
4.1. 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:
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 Website;
4.2. The languages available to users for the purpose of entering into the agreement are Italian, English, French, German and Spanish. Customer Services are able to communicate with users in the same languages.
5.1. The Products offered in the Website are ROGER VIVIER-branded items 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 Website at the time when the user places the order.
5.2. Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than one user purchase 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 out of stock or momentarily unavailable, since restocking is necessary.
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, especially those provided under 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 agreement, without prejudice to claiming damages pursuant to Article 61, paragraphs 4 and 5 of the Italian Consumer Code.
Alternatively and without prejudice to this right, the user might accept one of the following TOD’S SPA proposals:
The user's choice shall be promptly communicated to TOD’S SPA, via e-mail, to the e-mail address indicated in accordance with Article 15 below.
5.4 If the user avails themselves of the right to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Italian 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 from 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 business days of the day on which of the order was placed. The user shall be informed of the refund by e-mail and the sum will be credited to the user with the same form of payment used for the purchase. If the payment was made by means of bank transfer, TOD’S SPA will request the user to provide their bank account details 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 Articles, 5.3 and 5.4 also be apply to Multiple Orders where i) all Products making up the Multiple Order are unavailable or ii) certain Products are unavailable, and only in relation to the same. All the Products included in a Multiple Order may be returned solely when the unavailable ones clearly serve as accessories to the available ones.
Pre-Order and Back-Order Products
5.6 Without prejudice to Articles 5.2, 5.3 and 5.4, TOD’S SPA reserves the right to:
Pre-order and Back-Order Products will be uploaded to the Website in a separate section, and identified by the terms “Pre-Order” and “Back-Order”. The Product Information Sheet shall specify the date on which the Pre-order or Back-Order Product becomes available, during the whole purchase procedure, and, in any case, before the user is bound to the sale of goods agreement of the Pre-order or Back-Order Products. Pre-order or Back-Order Products can be purchased and paid for by the user through the same payment methods specified in the General Terms and Conditions of Sale, except Real Time Banking Payment, which will not be available for the purchase of Pre-Order or Back-Order Products.
Once the sale of goods agreement is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements specified in Article 4.1 iv, but specifically referred to Pre-order or Back-Order Products; this e-mail will be different from the one concerning Products other than Pre-order Products, which might have been 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 or Back-Order Products will take place only once the Pre-order or Back-order Product is shipped. If the payment is made with a credit card or PayPal, the user will be charged no amount before said date, but TOD’S SPA will merely check the validity of the card and the absence of possible blocks, as specified in Article 9.2 below.
Those who purchase a Pre-order or Back-Order Product will be notified via e-mail of the supervening availability of the Pre-Order or Back-Order Product(s) ( "Supervening Availability Confirmation E-mail" ). Unless otherwise specified in the Product Sheet and/or during the purchase process, all Pre-order or Back-Order Product(s) will thus be delivered within 4-7 working days of receipt of the Supervening Availability Confirmation E-mail if the user has selected the standard delivery option or within 2-4 working days of receipt of the Supervening Availability Confirmation E-mail if the user has selected the express delivery option. In case the Pre-ordered Product is not manufactured or the Back-ordered one fails to become available again, the provisions Article 10.12 shall apply. All other provisions in the General Terms and Conditions of Sale shall also apply.
Custom Made Products
5.7 TOD’S SPA reserves the right to offer the user the opportunity to purchase Custom Made Products, namely products that, starting by a base model, the user may customise with the options available from time to time ("Custom Made Products"). Custom Made Products will be listed in a dedicated section of the Website and/or will be identified with the "Custom Made" caption; the Product Sheet for each Custom Made Product, as well as during the whole purchase procedure, and, anyway, before the user is bound to the sale of goods agreement of the Custom Made Product, will specify the date from which the delivery term for the Custom Made Product runs.
Custom Made Products adhere to the same procedures and regulations detailed in Article 5.6, and where appropriate, the other provisions set forth in these General Conditions of Sale. Users are reminded that, for Custom Made Products, both the right to have the Product replaced (see Article 8.3 below) and the right of withdrawal (see Article 11 below) do not apply.
Each Product is accompanied by a product information sheet illustrating its main features ("Product Sheet"). The images and descriptions on the Website 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 to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.
7.1 All the prices of the Products published on the Website are provided in EUR (or in the local currency outside Europe) and are inclusive of Value Added Tax - VAT.
7.2 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 listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.
7.3 If a Product is offered on the Website at a discounted price, the Product Information Sheet shall indicate the full price with respect to which the discount has been calculated.
8.1 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 sale of goods agreement shall be considered legally terminated in accordance and for the purposes of Article 1456 of the Italian Civil Code, without prejudice to Article 9.3 below. The user shall be informed by e-mail of the agreement 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 to the Product(s) which cannot be attributed to TOD’S SPA, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains 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 Articles 11, 12 and 13 of the General Terms and Conditions of Sale - the replacement shall occur within 14 days of the date on which the Product that the user purchased 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 the exchange form provided 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 above exchange, the user must follow the procedure specified in the document providing the exchange form and the related exchange instructions, placed inside the box containing the item purchased by the user; this procedure is detailed in the " Exchanges" 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 they wish to replace and any other additional cost paid as a result of the order are not included) without undue delay and in any case within and no later than 3 working days of TOD’S SPA receiving the parcel containing the item the user is returning. The refund will occur through 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 they have requested as a replacement once TOD’S SPA sends it to the user (regardless of the price being the same, lower or higher compared to that of the product originally purchased) through 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 provided under Article 8.3, paragraph 2, above.
It is specified that, if the user payed for the initial purchase with Real Time Banking Payment (where available) and the price of the Product requested by the user as a replacement is higher if compared to that of the product originally purchased, the agreement regarding the Product originally purchased will be terminated (consequently, the order will be cancelled and the Total Sum Due paid by the user will be refunded); subsequently, a new order, containing the Product requested by the user as a replacement, will be placed.
As regards anything not expressly provided for in this paragraph, the provisions of article 8.3 will apply.
9.1 The payment of the Products purchased on the Website can be made:
(unless otherwise specified, in these Terms both and each Real Time Banking Payment option will be referred to as "Real Time Banking Payment");
If one of the payment methods listed above cannot be used, even in regard to a specific Product, this will be explicitly specified on the Website, at the latest at the beginning of the purchase procedure. In any case, the payment methods that are unavailable will not be selectable during the purchase process.
Moreover, if the user cannot complete the payment with one of the methods listed in this paragraph, TOD’S SPA reserves the right to accept payments via European Bank Transfer, as specified in Article 9.3 and related subparagraphs.
9.2 In the case of online 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, hereby specifying that for Multiple Orders including Products with different delivery dates, the charges will be fractioned on the basis of the various deliveries. It is hereby notified that the validity of the card and the absence of blocks are confirmed by a request for authorisation, which is refunded very promptly and which does thus not constitute an additional cost to be borne by the user.
9.2.1 In case of payment by credit card (except for Maestro) or by PayPal, by selecting the "Save these purchase details for future use" box in the "Details of Purchase" page of the purchase procedure, the user hereby authorises the storage of the inserted payment option details and their re-use for the payment of subsequent purchases on the Website, thus avoiding the need to insert such data at each purchase ("One click buy"). The user may, at any time, revoke their authorisation towards the re-use of the payment option details for subsequent purchases, by accessing their personal account and clicking on "Remove" in the section "Manage your 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, issue date, expiry date, security code), or of the PayPal account (email address and password) are encrypted and transmitted directly to the payment handler without passing through the servers of TOD’S SPA. Therefore, TOD’S SPA does not have access to the user’s payment data, not even when the user chooses the "One click buy" payment method, except for the case set forth in Article 9.7, only with reference to the card or PayPal account holder's data.
9.3 If the user cannot complete the payment of the order with any of the payment methods listed in Article 9.1 above (for example: negative feedback during the verification of the credit card validity and/or absence of blocks; lack of funds on the 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 agreement in accordance with and for the purposes of Article 1456 of the Italian Civil Code, the user's order will be put on hold and Customer Services will contact the user to offer them payment through a European Bank Transfer as an alternative.
9.3.1 If the user accepts to pay via bank transfer, Customer Services will send them 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 business days of receipt of the e-mail as per Article 9.3.1. Failure to comply will cause the automatic termination of the agreement in accordance with and for the purposes of Article 1456 of the Italian Civil Code. The termination agreement, of which the user will be notified via e-mail, will entail the cancellation of the order and the refund of the Total Sum Due, possibly paid with delay. Article 5.4. applies where appropriate.
9.3.3 In case of payment via bank transfer, the delivery term of the Product(s) will run from the bank transfer receipt date on the part of TOD’S SPA, or from the date on which the bank transfer is confirmed as having been ordered in favour of TOD’S SPA, whichever comes first. To facilitate the connection between bank transfer payment and the order, the user is required to specify:
It is advisable for users to promptly send TOD’S SPA, via e-mail, the receipt for a successfully completed bank transfer.
9.3.4 The information 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 in Article 4.1 (iv) has already been sent to the user.
9.4 If the user wishes to pay with iDEAL Real Time Banking Payment, after selecting iDEAL payment option, the user will be shown a box containing the list of bank companies supporting iDEAL payment service; the user will then be able to select the bank company of their choice, and will subsequently be redirected to a dedicated page of such bank, in order to fill in the form with their bank account details (account number and credit card number) and complete the payment.
If the user wishes to pay with SOFORT Real Time Banking Payment, after selecting the SOFORT payment option, the user will be redirected to a dedicated page hosted by SOFORT, and will be able to complete the payment after selecting the bank of their choice, their User ID, PIN number, account number, transaction code, and any other data the system will require, depending on the bank the user selected in the first place.
In both Real Time Banking Payment options described above, payment shall be completed immediately. Home banking access data are encrypted and transmitted directly to the payment handler without passing through the servers of TOD’S SPA. Therefore, TOD’S SPA does not have access to nor memorises such data. The Total Sum Due will be charged to the bank account selected by the user, at the same time as the conclusion of the agreement via the Website. Unless otherwise specified and/or agreed upon with the user, if the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user ("Refund Amount") shall be credited to the same account originally used for the payment of the purchase. The term for crediting the sum to this account depends exclusively on the company providing the service and/or the bank system. Once the credit order has been arranged in favour of said account, TOD’S SPA shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. For any such problems, the user shall directly contact the company providing the service.
9.5 As for PayPal payments , the user will be redirected to the website www.paypal.com, where they shall make the payment for the Products on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with TOD’S SPA.
TOD’S SPA is thus unable to know, or memorise in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to said account.
9.6 If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user ( "Refund Amount" ) shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, TOD’S SPA shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. For any such problems, the user shall contact PayPal directly.
9.7 In order to guarantee the security of payments made on the Website 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 their valid ID card, and, in case the person who placed the order is different from the credit card/PayPal account holder, the ID card of the latter; TOD’S SPA may also ask, as an alternative or in addition to what is detailed above, the authorisation 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, exceed 5 business days from receipt of the request by the user.
While waiting for the requested information / document, the order shall remain on hold. 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 invalid documents, the agreement shall be considered legally terminated in accordance with and for the purposes of Article 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 user’s non-compliance. The agreement, the termination of which the user shall be informed by e-mail, within and no later than 5 business 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, where appropriate. 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 said information / documentation.
9.8 In any case, the invoice shall be issued upon delivery and shall be sent via e-mail to the user, at their registered e-mail address.
10.1 Delivery of the Products purchased on the Website 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, 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).
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, 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:
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:
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;
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.
1.1 The user - who acts as a consumer - has the right to withdraw from the sale of goods agreement for the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in Article 11.7 below, within fourteen calendar days. The withdrawal period ("Withdrawal Period") expires after 14 days:
11.2 To exercise the right of withdrawal, the user must inform TOD’S SPA, prior to the expiry of the Withdrawal Period, of their decision to withdraw.
11.3 For this purpose, the user may:
11.4 In case the user avails themselves of the Statement of Withdrawal, the Consumer might wish to obtain lasting means of storage for the same, since the burden of proof concerning the exercise of the withdrawal right before the expiry of the Withdrawal Period falls on the user.
11.5 Once the right is exercised, the user must 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 their decision to withdraw from the agreement. The term is observed if the user hands over the Product/s before the expiry of the previously mentioned 14-day period to the courier specified by TOD’S SPA or, based on the relevant circumstances, to a courier of choice (“Return Term”). As far as the return is concerned, the user shall follow the procedure indicated in Article 11.6 below, as well as the standard withdrawal instructions, containing all information necessary to exercise one's right to withdrawal, made available to users on the Website before the agreement is entered into, and attached to the Order Confirmation e-mail (“Standard Withdrawal Instructions”).
11.6 Within the term provided for returning the items:
In this case, the user will not pay the cost for returning the Product, which will be at TOD’S SPA's expense, and will not be liable for the risks of loss or damage to the Product during shipping (“Prepaid Return”).
The Product, suitably protected and wrapped, shall be returned to the following address:
Via Primo Maggio, 19
20010 Vanzago (MI)
In the case mentioned above, the cost for returning the Product (including custom duties) is at the user's expense and the return occurs under their responsibility (“Return through a Courier of Choice”). In the case of Products that cannot be mailed back due to their peculiar nature, an estimate of the cost for returning such Products is provided in Article 11.5 above.
11.7 If the user withdraws from the agreement, TOD’S SPA shall refund the Total Sum Due paid by the user for the Product, including delivery expenses without undue delay and no later than 14 calendar days from the date on which TOD’S SPA was informed of the user's decision to withdraw from the agreement. The refunded amount shall be notified via e-mail; the refund will occur by using the same payment method employed for the original transaction, unless otherwise specified by the user. Under no circumstances will the user be debited any amount as a consequence of said refund. The value date of the credited sum shall be the credit date.
In case of partial withdrawal from Multiple Orders, TOD’S SPA will not reimburse any shipping fees to the user due to the fact that these fees are calculated on the basis of a fixed price, regardless of how many Items make up that order, and refer to the delivery of other Products included in the order, different from those for which withdrawal was exercised, and forming part of the same Multiple Order. Should the user choose to return the Products and withdraw from the agreement, from a country that differs from that to which the items were originally sent (as indicated in the Order confirmation email), and thus choose to take advantage of a courier of choice at their own expense, TOD’S SPA may wait to refund any sums due for those Products until it receives them or, if prior, user can adequately prove that the shipment has left. The refund may not be delayed in the event that the Product to be returned is sent to the same country from which it was originally delivered.
11.8 The user is solely liable only for the decrease in value of the Product resulting from a handling of the same other than that strictly necessary to establish its nature, features and functioning. The Product shall be kept, handled and examined with the level of care to be normally expected and returned complete in all its parts, perfectly functioning, equipped with all accessories and information leaflets, 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 concerns the Product as a whole. Therefore, it cannot be exercised in relation to parts and/or accessories of the Product.
11.9 If withdrawal is not exercised in accordance with the applicable law, it shall not lead to the termination of the agreement and, as a consequence, shall not give rise to any right to a 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 the latter’s premises and will be available to the user for collection, which will take place at the expense and liability of the user themselves.
11.11 If, pursuant to the applicable law, the right of withdrawal does not apply, this exemption shall be expressly and specifically indicated in the Product Information Sheet and, in any case, during the purchase process, before the user places the order.
12.1 All the Products sold on the Website are covered by the Legal Guarantee of Conformity as provided by Articles 128-135 of Legislative Decree No. 206/2005 ("Italian Consumer Code") ("Legal Guarantee").
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 Website 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 Website, TOD’S SPA) is liable vis-à-vis the consumer for any non-conformity existing at the time of delivery of the product and becoming visible within two years of said delivery. The seller must be informed of the non-conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, the non-conformity materialising within six months from the delivery date of the product are assumed as existing since the latter, unless the assumption is incompatible with the nature of the product or with the nature of the non-conformity. Starting from the seventh month following the delivery of the product, the burden of proof to prove that the non-conformity already existed at the time of delivery of the product shall lie with the consumer.
In order to take advantage of the Legal Guarantee, the user must thus provide proof of the date of the purchase and delivery of the good. It is therefore advisable, for the purpose of proving the purchase, that the user keep the invoice sent by TOD’S SPA, as well as the transport document or any other document certifying the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.
12.4 WHAT IS A NON-CONFORMITY?
A non-conformity exists when the purchased good:
iii. does not have the features and performance that are to be reasonably expected for a good of this type, considering the statements made in the related ads or on the labelling;
The Legal Guarantee does not cover faults or malfunctioning caused by accidents or by the user or by a use of the product deviating from its intended use and/or the information contained in the technical documentation accompanying the product.
12.5 REMEDIES AVAILABLE TO THE USER
In case of a non-conformity reported within the prescribed period, the user is entitled to the following:
The requested solution is excessively expensive if it entails unreasonable expenses for the seller compared to alternative solutions, considering (i) the value that the good would have if the non-conformity did not exist; (ii) the extent of the non-conformity; (iii) the possibility that the alternative solution may be achieved without significantly inconveniencing the consumer.
12.6 THE OPTIONS AVAILABLE TO THE USER WHEN THERE IS A LACK OF CONFORMITY
If a product purchased through the Website were to display a possible non-conformity during the period in which the product is covered by the Legal Guarantee, the user may contact Customer Service as indicated in Article 15. The Customer Service department will reply promptly to the communication, informing the user of the next steps that they should take.
The Product that the user claims has a non-conformity should be sent to TOD’S SPA, which will determine whether the claimed defect exists, to the following address:
Via Primo Maggio, 19
20010 Vanzago (Mi)
In order to return the Product which, according to the user, has a non-conformity, TOD’S SPA provides a pre-paid return procedure through a designated courier available to the user, at their discretion, and without prejudice to the possibility for the user to return the Product(s) via another carrier. The user may employ the pre-printed and pre-paid label 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 explanatory document provided with the label itself.
TOD’S SPA hereby reserves the right to ask the user to enclose the invoice and/or transport document or any other document proving the date of purchase and the delivery date to their request.
13.1 The products sold on the Website may, according to their nature, be covered by a standard warranty issued by the manufacturer (hereinafter referred to as the "Standard Warranty"). The user may only assert their right to the warranty with the manufacturer. The duration, scope (including geographical scope), conditions and procedures, the types of damage/defects covered and the restrictions of the Standard Warranty are set by each manufacturer and are specified in the so-called warranty certificate contained in the product packaging.
The Standard Warranty is elective by nature and does not add to, replace, restrict, prejudice or set aside the Legal Guarantee.
14.1 The sale of goods agreement completed through the Website is subject to Italian legislation.
14.2 An exception applies to users whose habitual residence is not in Italy, to whom any more favourable and binding laws of the Country in which they habitually reside apply, particularly with regard to the term for exercising the right of withdrawal, the term for returning the Products (if this right is exercised), the forms and procedures for communicating said exercise and the Legal Guarantee of Conformity.
14.3 For all disputes arising from the application, implementation and interpretation of the General Terms and Conditions of Sale, the court with jurisdiction is that of the place where the user resides or is domiciled.
14.4 Pursuant to Article 141-sexies, paragraph 3, of Legislative Decree No. 206 of 6 September 2005 (“Italian Consumer Code”), TOD’S SPA informs the user who is a consumer according to Article 3, paragraph 1, letter a) of the Italian 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 relevant information about the Alternative Dispute Resolution entity or entities (so-called “ADR entities”, as set forth by Articles 141-bis et seq. of the Italian Consumer Code) for consumer disputes stemming from an agreement executed pursuant to these General Terms and Conditions of Sale, specifying whether 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 Article 3, paragraph 1, letter a) of the Italian 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 link: http://ec.europa.eu/consumer/odr/ ; through the platform in question, the consumer may find a list of ADR entities and the related links to their respective websites, and initiate an online dispute resolution procedure to resolve the dispute in question.
The above without prejudice to the consumer’s right to resort to the court with jurisdiction in relation to the dispute stemming from these General Terms and Conditions of Sale, regardless of the outcome of the out-of-court procedure, as well as to initiate, where possible, an out-of-court dispute resolution procedure pursuant to Part V, Title II-bis of the Italian Consumer Code.
The user residing in a Member State of the European Union other than Italy may also access, in relation to any dispute arising from the application, implementation and interpretation of the General Terms and Conditions of Sale, the European procedure set up for small claims 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, duties and expenses, EUR 5,000.00 as at the date on which the relevant judicial authority receives the application. The text of the regulation is available at https://eur-lex.europa.eu/eli/reg/2007/861/oj.
15.1 You may request information, send communications, ask for assistance or submit complaints by contacting the TOD’S SPA Customer Service ("Customer Service") as follows:
TOD’S SPA will deal with complaints by replying via e-mail within five business days of receipt.