General terms of sale

  1. IDENTIFICATION OF THE VENDOR

OFFICINE DELLA PELLETTERIA SRL, a LIMITED COMPANY duly organized and existing under the laws of Italy, registered with the Trade and Companies Register of Florence under the no. FI – 653752, Intracommunity VAT number IT 06756560485, with registered office is situated in VIA DI PORTO, 33, 50018 SCANDICCI – FIRENZE – ITALY (the “Vendor”)

  1. SCOPE AND ACCEPTANCE OF THE GENERAL TERMS OF SALE

The purchase of Products offered on the website www.GIANFRANCOLOTTI.com (hereafter the “Website”) is subject to these general terms of online sale (hereafter the “GTS”).

The OFFICINE DELLA PELLETTERIA SRL products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.

Vendor can update these GTS at any time.

The Customer can familiarize himself at any time with the version of the GTS then in force by clicking on this link. The applicable GTS at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer.

  1. TERMS OF THE ORDER

Any order placed on the Website shall imply express acceptance of the GTS and acceptance of the prices and Products available for sale on the Website.

  • ORDER PROCESS

The Customer who wants to place an order must comply with the following procedure:

  1. Product choice: the Customer must select the Product that he/she/it would like to order.
  2. Checking of the content of the Customer’s selection: the Customer checks the content of his/her/its basket whilst having the opportunity to delete the Products he/she/it has selected.
  3. Identification: the Customer must complete the identification form made available to him/her/it and provide the requested information (some of which are mandatory in order to proceed with the order).
  4. Checking of the Customer’s order: the Customer checks the content of his/her/its order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a Product or modifying the invoicing or delivery address. The Customer confirms his/her/its method of delivery and payment.
  5. Order acknowledgement of receipt: the Customer receives an e-mail summing up the content of his/her/its, namely:

– His/her/its delivery and invoicing addresses

– The order number and date of order

– The list of Products ordered and their amounts

The Customer is advised to keep and print this document, which is official proof of his/her/its order. The order represent  a contract proposal by Customer and must be registered and processed by Vendor (after checking the availability of the Product(s) ordered). Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

  • CONFIRMATION OF SHIPPING OF THE ORDER

The Customer receives an e-mail summarizing the content of his/her/its order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which Vender accepts the Order by delivering the confirmation e-mail.

  • TRACKING OF THE ORDER

A carrier tracking number the carrier is provided to the Customer when his/her/its order has been shipped.

 

If the Customer wants to obtain information concerning the progress of his/her/its order, he/she/it may log onto the website of the carrier chosen by Vendor, and follow the transport of his/her/its parcel live. The Customer furthermore receives information by e-mail concerning the different stages of the processing and preparation process of his/her/its order until it is shipped.

  1. PRODUCT AVAILABILITY

The offers of Products and prices of Vendor are valid while they are visible on the Website, and subject to stocks availability.

Errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same Product by several Customers.

In the event the Product is found unavailable after placing the order, Vendor shall inform the Customer by e-mail or by telephone as soon as possible, by offering that he/she/it either order another Product available on the Website as a replacement, or cancels his/her/its order at no cost.

Vendor shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by Vendor.

Vendor reserves the right to change at any time and without prior notice the Products offered on the Website.

Although all efforts are made to ensure that the color and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, notably due to the technical limitations of color reproduction on the Customer’s computer equipment. Consequently, Vendor cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Website.

Vendor reserves the right not to accept an order from a Customer with whom it is in a dispute for a previous order, or if Vendor reasonably considers that this Customer has infringed these GTS or that he/she/it has been engaged in a fraudulent activity, or for any other legitimate reason.

  1. PRICE

The Prices of Products are expressed in Euros, inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. Except in the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, Vendor shall not reimburse the VAT applied to purchases made on the Website (even in the event the Customer, after receipt of the Products, reships the Products for a third country outside of the European Union).

Vendor reserves the right to change at any time and without prior notice the prices of Products offered on the Website.

The Products are invoiced on the basis of tariffs displayed on the Website at the time when the order is placed, subject to availability of the Products ordered at this time.

All the orders are payable in Euros and must be settled immediately upon placing the order.

In the event of unavailability of certain Products ordered (see Article 4 “PRODUCT AVAILABILITY”), only the price and shipping costs related to the available Products shall be debited.

  1. PAYMENT TERMS AND CONDITIONS

Payment is possible only by credit card (Visa, MasterCard, American Express).

The payment is made on the secure website of Vendor’s approved banking and credit institution. This means that no banking information regarding the Customer transits via the Vendor’s website. The order will then be recorded and validated on acceptance of the payment by the banking service.

  1. RESERVATION OF OWNERSHIP

The ordered Products remain the property of Vendor until receipt of full payment of the price by Vendor. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.

  1. TERMS AND CONDITIONS OF DELIVERY

Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.

Vendor cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.

For all the Products, the order is prepared for departure from Vendor’s logistics warehouses within a maximum period of 10 working days (subject to stock availability and except for the special case of Products sold “on presale” for which the sheet indicates the specific estimated time of delivery) from confirmation by e-mail of the order. Customer is further informed that in some special cases (e.g. products marketed on presale), the periods indicated above can be longer.

If the order reaches a certain volume Vendor may send it to the Customer in several deliveries and/or several packages.

The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.

In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to Vendor by e-mail to the address customerservice@gianfrancolotti.com with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: Officine Della Pelletteria S.r.l., Via di Porto 33, 50018 Scandicci (Firenze).

In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, Vendor cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, Vendor shall be entitled to request that the Customer pay the corresponding fees for this second delivery.

The Customer is subject to the general terms of delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.

Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s home and or in a “sorting – pending” Centre of the carrier and/or returned to Vendor who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.

In the event that it is impossible to deliver and if the product must be returned to Vendor by the carrier, Vendor will not make any new delivery.

Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to Vendor, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact the customer service beforehand via e-mail at customerservice@gianfrancolotti.com

  1. RIGHT OF WITHDRAWAL

Pursuant to articles 52 et seq. of Legislative Decree n. 206/2005 (the “Italian Consumer Code”), the Customer has 14 days from the day of delivery of the Product purchased on the Website to inform the customer service of his/her/its desire to return the Product.

For any return, the Customer must contact the customer service beforehand via e-mail at customerservice@gianfrancolotti.com to inform it of his/her/its decision to use his/her/its right of withdrawal. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping shall be accepted, whatever the reason. The costs and risks pertaining to the return of Products are borne by the sender. In order for the customer service to accept the exchange and/or reimbursement, the Product must be returned in full condition in its original packing, undamaged, with its label attached, not worn, accompanied by all of its accessories, and a copy of the purchase invoice to Officine Della Pelletteria S.r.l., Via di Porto 33, 50018 Scandicci (Firenze). The Customer shall not have to justify the reasons or pay penalties, with the exception of return costs.

Vendor cannot be held responsible in the event of loss, theft or damage of the parcel. Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused.

Any return must be made by a traceable method (UPS, FEDEX, DHL, return receipt requested, etc.) and the tracking number must be provided to Vendor.

On receipt of the Product returned by the Customer, the customer service shall send a confirmation of receipt of the Product by e-mail.

In the event the Customer makes a valid use of this right by the Customer, Vendor shall reimburse the Customer for the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by bank transfer into the account used with the credit card bearing the Customer’s name.

Vendor undertakes to reimburse the standard delivery costs including the tracking of the parcel. For that purpose, Customer shall insert the delivery invoice indicating the parcel tracking number into the return parcel.

  1. STATUTORY WARRANTIES

The Products sold by Vendor are subject to the conditions of statutory warranties provided by Italian law (including, but not limited to the Italian Consumer Code, to the exclusion of any other warranties.

Vendor shall refuse any complaint for Products that have been used contrary to their intended use.

Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address customerservice@gianfrancolotti.com  followed by a written confirmation sent by registered letter with acknowledgement of receipt to the customer service at the following address: Officine Della Pelletteria S.r.l., Via di Porto 33, 50018 Scandicci.

  1. AFTER-SALES SERVICE AND AVAILABILITY OF SPARE PARTS

Any Product that can be technically repaired benefits from an after-sales service for a fee. For any repair request, the Customer must directly contact the customer service via the e-mail at customerservice@gianfrancolotti.com

  1. LIMITATION OF LIABILITY

In no event may Vendor be held liable for any damage which does not result from a failure by Vendor to honor one of its obligations.

  1. PERSONAL DATA

When the Customer registers on the www.Vendor.com Website, Vendor collects personal information (personal data, e-mail address, gender, etc.) via the registration form in order to offer him/her/it accessible services in the reserved access areas of Vendor. The filling in of personal information concerning him is essential for the processing and delivery of his/her/its orders.

The order process on the www.Vendor.com Website requires the creation of a Customer account in which his/her/its information is stored and protected by a password chosen by the Customer. This information is strictly confidential and intended for Vendor exclusively. It shall be processed in strict compliance with the provisions of EU Regulation 2016/679, general regulation on data protection.

In this respect Vendor notably undertakes to: (i) guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity, (ii) ensure that the persons authorised to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding protection of data of a personal nature, and (iii) that its potential subcontractors respect the legal obligations on behalf of and according to the instructions of Vendor.

The Customer shall at all times have a right of access, amendment, rectification and deletion of his/her/its data. To exercise this right, he/she/it may present a request to Vendor by e-mail to the address customerservice@gianfrancolotti.com  or by letter to the following address: Officine Della Pelletteria S.r.l., Via di Porto 33, 50018 Scandicci.

Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, gender, etc.…) can also be used by Vendor and/or its partners for marketing purposes like the sending of newsletters or requests.

The Website uses cookies in order to best satisfy and customize the Customer’s requirements. The purpose of the cookie is to indicate that you have visited the Website.

  1. INTELLECTUAL PROPERTY

All documents, information, texts, graphs, images, photographs or any other content published on the Vendor Website are the exclusive property of Vendor. Consequently they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorization of Vendor.

Vendor is the owner of all the intellectual property pertaining to Products and distinctive trademarks and signs under which the Products are marketed.

The Customer acknowledges without reservations the intellectual property rights of Vendor and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a license or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to Vendor.

  1. FORCE MAJEURE

“Force majeure” means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case.

In the situation where Vendor is prevented or delayed by a force majeure case in honoring its commitments, Vendor undertakes to inform the Customer within 72 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention. Vendor shall then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but undertakes to use its best efforts to resume full performance without further delay. In such a case of force majeure, Vendor may exercise its discretionary right to terminate the order or any part thereof, without being held liable, except however that Vendor shall be responsible to reimburse the Customer for any amounts already paid. In no event shall the Customer invoke a case of force majeure to release himself/herself/itself even temporarily from an obligation to pay a sum of money.

  1. GOVERNING LAW – DISPUTES

These GTS shall be governed and interpreted in accordance with Italian law. The language of this contract is English.

In the event of a dispute, the courts of Florence (Italy) shall have exclusive jurisdiction. However, these GTS do not prejudice the possibility of Customer to apply to any other venue of jurisdiction recognized by applicable law and which may not be subject to a waiver by Customer.