GENERAL PROVISIONS
The company Calzaturificio Giovanni Fabiani srl, with registered office at Via dell’Industria 50, 63900, Fermo (FM) Italy VAT No. 00966430449 (hereinafter Giovanni Fabiani), is the holder of the Fabiani and Sara Kent brands, as well as the licensee of Giovanni Fabiani. The products it markets and distributes in Italy and in other countries around the world through its stores and the website http://shop.giovannifabiani.it (hereinafter “Site”), which it owns, are covered by these brands.
These general terms and conditions of trade (hereinafter General Terms and Conditions) regulate the purchase of the products (Products) that is carried out remotely via computer through the Site. These purchases are reserved for the Site users who intend to avail themselves of the sales services of the Products (hereinafter Customers).
The Customer shall acknowledge and read these General Terms and Conditions before completing any purchase on the Site. This information, indeed, is to be considered as entirely read, understood and accepted by the Customer when making a purchase order. The Customer shall therefore comply with these General Terms and Conditions and consider Giovanni Fabiani as not being subject to any terms and conditions other than the ones in force, not having been agreed upon in advance in writing.
PRODUCTS
The products available on the Site for online purchase are footwear and fashion accessories. All Products are subject to the availability at the time of the order. Giovanni Fabiani reserves the right to modify at any time the amount and/or the type of the products that can be purchased on the Site. The Customer will be informed if his/her order cannot be carried out due to the unavailability of the product required, since the access of many Customers at the same time and the simultaneous possibility to order online affect the product availability. Therefore, Giovanni Fabiani does not ensure with certainty that the ordered goods will be delivered.
PRICES
All Product prices on the Site are expressed in € (Euro) and include all taxes or fees applied in Italy, whereas any taxes or customs duties of the recipient country are excluded and will be borne by the Customer. The prices do not include shipping and delivery charges, unless otherwise expressly indicated. Giovanni Fabiani will use its best endeavour to ensure that all pricing information on the Site is accurate, but cannot guarantee the absolute absence of mistakes. In the event of a mistake in the price of a product, Giovanni Fabiani will allow the Customer to reconfirm the purchase of the Products at the correct price or to cancel the order.
PROMOTIONS
Giovanni Fabiani reserves the right to implement special sales terms of sale or promotions on the Products available on the Site. The conditions applied to the promotions shall be regulated from time to time by Giovanni Fabiani through special communications to the Customers. For anything not otherwise regulated, these General Terms and Conditions shall apply.
REGISTRATION
Registration is not required in order to complete a purchase or have access to a specific service on the site. The Site registration procedure requires to fill in an e-form, whose fields shall be filled out with the Customer’s personal data and his/her email address. These data will be processed according to the privacy policy in force. After the registration, the Customer will own a personal account, which he/she will be able to access by means of a username and a password, both strictly confidential. The system repeats the same data for subsequent purchases, but you can change them at any time. The assignment of these credentials enables an anonymous identification by the Customer. The Customer is responsible for not disclosing for any reason his/her own password to a third party.
The Customer shall be liable for any action or irregular behaviour against the laws in force or these General Terms and Conditions committed by anyone using the personal account on his/her behalf. The Customer is required to promptly report to Giovanni Fabiani about any theft or loss of the password, as well as about any improper use of the account or the password made by a third party.
PURCHASE PROCEDURE
The essential features and the prices of the Products are set out in the offer for each individual product available on the Site.
In order to purchase the selected Products, the Costumer shall complete and send the online purchase form to Giovanni Fabiani, following the instructions indicated on the Site. The Customer shall add the Product to the “shopping bag” and, after having checked and accepted the shipping charges, as well as the General Terms and Conditions, the Privacy Policy and the withdrawal right policy, he/she shall select the desired payment method and choose the option “Place order”. Orders can be placed upon registration and creation of a customer’s personal account, as per the preceding paragraphs, following the steps and instructions specified on the Site.
PURCHASE AGREEMENT
The Agreement between Giovanni Fabiani and the Customer shall be considered as concluded when the order submitted by the Customer, in accordance with the purchase procedure indicated on the Site and upon receiving the debit authorisation with the method chosen by the Customer, reaches the address of the Site. The order submitted by the Customer shall be binding for Giovanni Fabiani only if the entire purchase procedure has been duly and correctly completed without any error notification by the Site. Giovanni Fabiani is not liable for any malfunctions due to the provider of the data transmission network.
By submitting an order to Giovanni Fabiani, the Customer acknowledges and states that he/she has read all indications provided during the purchase procedure and he/she entirely accepts the General Terms and Conditions. The online order form will be filed in the Site database for the time required to process orders.
Giovanni Fabiani will send the Customer, via email, a confirmation of receipt of the purchase order sent by the Customer, containing the details of the purchased Products, the number and the date of the order, the address of Giovanni Fabiani, information about the customer services and the existing commercial guarantees, the conditions of withdrawal, the detailed price of the Product(s), the payment method chosen by the Customer and the expected date of delivery. The transaction will proceed towards the conclusion of the agreement without prejudice to what is provided for in the clause “Shipping and delivery” in relation to the impossibility to process the order due to the unavailability of the Product(s). The Customer shall promptly verify the content of the email and shall immediately notify Giovanni Fabiani of any mistakes or omissions.
PAYMENT TERMS
The Customer may pay for the Products and the pertaining shipping charges by credit card, Bank Transfer and Paypal. In order to prevent Internet frauds, the payment made through the Site will be managed online by the operator concerned through the above-mentioned offered tools.
These operators are responsible for storing and automatically processing in a protected environment the information related to each order, including financial information. All financial information, such as credit card number, expiration date, etc., is directly administered by the competent operator, who guarantees the security of online transactions. Giovanni Fabiani never gets to know the credit card details or other financial information concerning the Customer, and is therefore able neither to record nor to keep them in any way.
For this reason, Giovanni Fabiani entrusts the operator with the task of supporting its customers at any stage of the payment process.
The transaction by credit card will be charged to the Customer’s credit card only once the credit card data have been verified, the debit authorisation by the company issuing the credit card used by the Customer has been received, and the availability of the product has been confirmed by Giovanni Fabiani.
Payment by Bank Transfer. In case of payment by bank transfer, once the order has been submitted you are requested to make the payment within 3 days from the purchase date. In the reason for payment by bank transfer you will have to specify the date and the reference number of the order, provided at the time of purchase, as well as the Customer’s name and surname. The product shipment will be made within three working days after the payment has been credited (which usually occurs within 3-4 days from the moment the bank transfer has been completed), with the exception of reserved products. In this case, the shipment date will be indicated from time to time.
Bank details:
CALZATURIFICIO GIOVANNI FABIANI SRL
CARIFERMO
IBAN: IT06D0615069660CC0171008292
BIC SWIFT: CRFEIT 3FXXX
SHIPPING AND DELIVERY
For the delivery of his/her purchases, the Customer may choose his/her residence, domicile, workplace, or the home address of the person of his/her choice, whose residence or domicile is within the European Union or in Switzerland. For safety reasons, no deliveries to post office boxes will be made and the order will not be processed.
For every order being placed on the Site, Giovanni Fabiani will issue a sales invoice for the shipped products, and will send it to the person who placed the order, pursuant to Presidential Decree No. 633/72. exclusively in the following cases: – foreign customer (European Union or Extra EU); – Italian customer who purchases as holder of VAT number; – private customer who expressly requests the issue of the invoice through the “button” present in the order form. In other cases, Giovanni Fabiani issues a simple transport document.The invoice will be issued based on the information provided by the Customer at the time of the order. No change in the invoice will be possible after it has been issued.
The Customer can check the delivery status directly from the courier’s website, thanks to the references that will be provided via email together with the shipping confirmation. Deliveries are made to the address stated by the Customer, who is asked to provide a phone number so that the courier can contact him/her before delivery. After two failed attempts to deliver, the goods remain in stock and will be picked up at the courier’s warehouse. Any storage costs are charged to the Customer.
In Italy shipping is free of charge. Gratuity depends on the destination country: in some countries, the costs are charged to the Customer and are clearly indicated in the order form. They may vary depending on the chosen method of delivery and the destination of the Products. In the event of returned goods, the Customer shall bear all relevant costs, except in Italy. All purchases will be delivered by courier and shipped within 3 working days from the order confirmation, with the exception of reserved products. In the event that the order is carried out during public or business holidays, the shipment will be carried out within the 3 following working days.
The orders will be processed and delivered from Monday to Friday, with the exception of non-working days, national and business holidays. Giovanni Fabiani shall not be liable for unpredictable delays, it being understood that, except in cases of force majeure, the Products will be sent within a maximum period of 3 (three) days from the day following the dispatch of the order confirmation (except in cases of public and business holidays), and Giovanni Fabiani shall not be liable for the delivery of the goods.
For the delivery of the goods, the Customer or one of his/her agents must be at the recipient’s address indicated in the order. Upon delivery of the goods by the Courier, the Customer is required to check:
a) that the number of packages is the same as indicated in the invoice (if issued), or on the transport document;
b) that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials.
Any damage to the packaging and/or product or the mismatch in the number of packages or information must be immediately notified, by indicating it in writing on the Courier’s proof of delivery. Once the document of the Courier has been signed, the Customer cannot make any objection about the appearance of what was delivered. The Customer shall give immediate notice of acceptance subject to checking. If the courier refuses to have the written check affixed, the Customer is advised to reject the shipment. In this case as well, the Customer is asked to contact the Customer Care. If, once opened, the contents of the parcel accepted subject to checking are damaged due to shipping, the Customer shall initiate the withdrawal procedure.
If subsequent to the order confirmation it is not possible to deliver the ordered goods as a result of even temporary unavailability, Giovanni Fabiani shall promptly notify the Customer via email, and in any case no later than the 5 (five) following working days. The amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 14 (fourteen) days after the communication by e-mail.
TRACKING NUMBER OF THE SHIPMENT
Giovanni Fabiani will send the Customer a confirmation email once the Products have been shipped. A copy of the invoice, or of the trasport document, will be added to the email as an attachment, as well as the instructions to track the shipment. In order to ensure the safety of the Product delivery, Giovanni Fabiani will keep the tracking number of each delivery.
CUSTOMER CARE
The customer service is available from 8.30 a.m. to 12.00 noon and from 3.00 p.m. to 6.00 p.m. from Monday to Friday, with the exception of public or company holidays. Mail of orders arriving after 5.30 p.m. on Friday will be taken into consideration the following Monday, again with the exception of public or business holidays. These will be directly announced on the site.
RETURNS, CANCELLATION OF ORDERS AND WITHDRAWAL RIGHT
Giovanni Fabiani intends to ensure full Customer satisfaction. Giovanni Fabiani will refund the entire cost of the Products that are returned by the Customer, exercising his/her right of withdrawal as regulated below.
Refunds will be made following the prior authorisation by Giovanni Fabiani with the payment method agreed from time to time with the Customer. The purchased goods may be returned within a maximum of 14 (fourteen) days from the delivery date. The Products having been purchased online may be refunded or returned to the store at Via dell’Industria 50 in Fermo (FM), again according to the law.
The delivery costs for the return of the Products shall be borne by the Customer, with the exception of shipment in Italy; any costs incurred by the Customer for the return are not refundable.
Giovanni Fabiani reserves the right to refuse the return of those Products that have been worn or damaged by the Customer. As expressly provided for in Art. 56 paragraph 3 of Legislative Decree No. 206/2005, Giovanni Fabiani will strive to promptly refund the Customer no later than 30 days from the actual and final return of the item that has been previously authorised, unless Giovanni Fabiani establishes, after receiving the product, that the damage was caused by the Customer. Giovanni Fabiani will send a notification email once the refund has been carried out.
Once the return has been authorised, the Customer Service of Giovanni Fabiani will quickly give the Customer instructions on how to return the items, which must take place within 14 days, using the agreed courier and providing all the details of the shipment in order to trace it.
Giovanni Fabiani will not be responsible for the reimbursement or compensation of those shipped products that have been lost, stolen or damaged. Pursuant to Art. 54 of Legislative Decree No. 206/2005, the Customer is entitled to withdraw from the agreement without penalty and without giving any reason within 14 (fourteen) working days from the date of receipt of the Products, without prejudice to what is provided for in the following paragraphs. The items must be returned without having been damaged or used or worn within 14 days from the date of acceptance of the withdrawal by Giovanni Fabiani. In which case the Customer will lose his/her right of withdrawal and will have no right to reimbursement. In order to exercise his/her right of withdrawal, the Customer must fill in the form made available at this link https://www.fabiani.com/en/return.
The purchased Product must be returned in its entirety and undamaged, in its original packaging, complete in all its parts (including packaging and any documentation, etc.). In the event of damage to the returned item during transport, Giovanni Fabiani shall notify the Customer thereof (within five working days of receipt of the goods in the warehouses), in order to allow the Customer to file a timely complaint against the courier and obtain reimbursement of the value of the item (if insured). Giovanni Fabiani shall not be liable in any way for damage or theft/loss of goods having been returned with uninsured shipments. On arrival (at the warehouse), the product will be examined in order to assess any possible damage or tampering resulting from transport.
ERRORS AND INACCURACIES
Giovanni Fabiani aims to provide constantly updated information on the Site. Nevertheless, it cannot guarantee that the Site is completely free of mistakes. The Site might contain typing errors, mistakes, inaccuracies or omissions, some of which may refer to the price and availability of the Product, and to the information sheet of the product itself. The picture accompanying the description of a product might be not fully representative of its features, but differ in graphic patterns.
Giovanni Fabiani reserves the right to correct any errors, inaccuracies or omissions even after an order has been submitted. Furthermore, it reserves the right to change or update information at any time without giving prior notice.
GUARANTEE OF AUTHENTICITY
Giovanni Fabiani guarantees the authenticity of all Products purchased on the Site. The Products branded by Giovanni Fabiani, Fabiani and Sara Kent are made with the best materials. All Products are made in Italy. All intellectual property rights such as trademarks, service marks, form marks and copyrights are the sole and exclusive property of Giovanni Fabiani, or reserved for the exclusive use by the company. No page or other content of this Site may be reproduced without prior and express written permission.
COPYRIGHT AND INDUSTRIAL DIRECTIVES
All copyrights relating to the website content (such as, but not limited to, text, graphics, photographs, pictures, user interface) as well as the selection, coordination and organisation of these contents are owned by Giovanni Fabiani. No statement that may be contained on the site shall grant any license or industrial rights on the copyright of Giovanni Fabiani or third parties. The contents of the website are intended only for the Customers of the site, the unauthorised commercial use of the available contents is forbidden. The Customer can freely display the contents of the site, print, copy and store them on the hard disk of his/her computer or other physical media, under his/her own responsibility and exclusively for personal and private use, in compliance with the current legislation on copyright protection. All rights pertaining to trademarks, product names, trade names, logos, product packaging and designs of all products or services by Giovanni Fabiani or third parties, both in expanded form and with the trademark symbol, belong exclusively to their legitimate owners, in accordance with the international agreements and the relevant laws in force. All uses that may infringe these rights are expressly prohibited.
CUSTOMER’S OBLIGATIONS
The Customer undertakes not to transmit, disseminate, send, communicate or store information and other materials: those protected by copyright or revealing trade secrets; obscene, defamatory, threatening, harassing, abusive, libellous, sexually explicit materials; messages being unsolicited or constituting advertising or purchase offers, surveys, chain letters; materials containing viruses, Trojan horses, worms, time bombs, and other elements intended to damage, intercept or misuse data, information, physical and logical structures of Giovanni Fabiani, its affiliates or third parties. Furthermore, the Customer agrees not to: register as a Customer using maliciously false or incomplete information; allow third parties to use his/her username or password once registered; delete or modify any materials or other information from other users; collect or otherwise obtain information about others, including email addresses, without the owner’s express consent; access site data being protected or without authorisation and infringe the system or the security measures of the site; act so as to overload unreasonably or disproportionally the physical and logical systems of the site, also through actions such as “flooding”, “spamming”, “email bombing” or “crashing”; use any device, software or other programmes for the purpose of jeopardising or attempting to jeopardise the proper functioning of the site; attempt to decipher, decompile, disassemble and decode the software that makes up or constitutes part of the site; use or attempt to use engines, software programmes, tools, agents or other mechanisms (such as: spiders, robots, etc.) that allow you to browse or perform searches on the site without using the engines or its search agents. Any conduct that is illegal or does not comply with these provisions shall be prosecuted according to the law by the competent authorities.
MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions are regulated by the Italian law.
Giovanni Fabiani reserves the right to modify these General Terms and Conditions of trade at any time. Any changes, modifications, deletions or additions will take effect immediately after the notification thereof through notes published on the Site. Once the communication has been given, any access and use of Giovanni Fabiani services by the Customer is to be considered as full acceptance of the changes occurred.
In the event of any disagreement whatsoever concerning the interpretation, the enforcement and the fulfilment of this agreement and of the general terms and conditions of trade previously established, the parties agree in advance to identify the Italian jurisdiction as applicable law and to transfer any disputes to the exclusive jurisdiction of the Civil Court of Fermo.
CONTACTS
For any further information and assistance on the Site or on online purchases, please contact us at the email address customercare@giovannifabiani.it or at the address below:
Calzaturificio Giovanni Fabiani srl
Via dell’Industria 50, 63900, Fermo (FM) – Italy
