1. Entitlement to purchase Products
2. Placement of an Order – Sales contract
6. Limitation of Liability
7. Non-conforming Products
8. Right of withdrawal – Returns
These Terms and Conditions of Sale apply to all sales and deliveries of products (“Products”) published and sold on this internet site (“Site”) by the seller Fashion Box S.p.A, a company with registered offices in Italy, Via Marcoai 1, 31011 Asolo ("Seller").
All Users (“Users”) must carefully read these Terms and Conditions of Sale before completing the purchase procedure. The purchase of Products on this Site implies the acceptance of these Terms and Conditions of Sale.
Any modification or amendment to these Terms and Conditions of Sale will immediately become effective after being published on this Site and will regulate all the subsequent sales of Products.
1. Entitlement to purchase Products
The purchase of Products on this Site is allowed only to customers (“Customers”) who are natural persons eligible to execute and perform binding agreements according to the applicable law or under parental (or guardian) consent, when needed, or legal entities.
When requested, Customers must provide their own name, surname, birth date, email address and other personal information. All such information must be true, accurate and up to date.
They cannot make any purchase under someone else’s identity unless strictly authorized to do so by the identity holder. Identity theft is a serious crime in most jurisdictions.
2. Placement of an Order – Sales contract
An order (“Order”) can be deemed as accepted, and the relevant sales contract (“Sales contract”) between the Seller and the Customer executed, only at the moment when the Seller dispatches the Products and submits an Order acceptance notification by e-mail to the Customer (“Order acceptance notification”).
Until that moment, the Seller retains the right to refuse any Order, as the Seller considers appropriate and for any reason whatsoever.
All Orders are subject to acceptance by the Seller and to availability in stock.
The Seller will not be held liable by reason of withdrawing any Product from the Site after an Order or refusing to accept any Order.
It may unintentionally happen that the Site shows as available Products that are actually unavailable at that moment.
The submission of an order receipt confirmation (“Order receipt confirmation”) via email by the Seller to the Customer does not imply any acceptance of the Order by the Seller. The Order receipt confirmation is only meant to communicate to the User that the Order has been received.
Users must verify that all the information concerning their Order reported in the Order receipt confirmation, including but not limited to details concerning Products and personal information, is correct. If it is not correct, they must inform the Seller promptly about any error or inaccuracy using the email address or contact form linked to in the Order receipt confirmation.
Users are invited to store a copy of the Order receipt confirmation and to make reference to the information included there if and when they need to contact the Customer service.
The Seller undertakes to inform Users promptly when a decision not to accept their Order is made. Any payment made by the User with respect to the Order refused will be refunded to the Users within a short timeframe by using the same payment method used for the Order.
Purchases can be made using all major credit cards and PayPal.
Payments will be debited at the moment when the Order is accepted, that is when the Products are dispatched to the Customer. However, prior security checks to prevent insolvency or fraud may take place.
The Seller will not directly process any credit card details or other financial information supplied for the transaction and belonging to the Customer.
The Seller uses a primary payment gateway (“Payment gateway”) to authorize the credit card payment.
The Payment gateway protects the credit card details by encrypting sensitive information to ensure that such information is passed securely between the Customer and the Seller and also between the Seller and the payment processor. However, the Seller cannot be held liable for any error, negligence or wrongdoing referable to how the Payment gateway has managed the financial transaction linked to the purchase of the Products on the Site.
The Site also uses Secure Socket Layer (SSL) technology to guarantee a higher standard of safety on any purchase of Products.
The Seller will deliver the Products to the Customers by means of courier or postal companies.
Unless specifically stated otherwise by the Seller, all delivery expenses (“Delivery expenses”) will be entirely debited to the Customer.
Delivery expenses will be first reported in the shopping cart during the checkout procedure and then in the Order receipt confirmation.
The Seller undertakes to execute the Order as swiftly as possible. Nonetheless, any estimated delivery time should be used as a guide only and starts to elapse from the date when the Products are dispatched.
The Seller cannot be held liable for any delay in the delivery that is not due to gross negligence of the Seller, including but not limited to force majeure, Customs clearance processes, strikes, natural disasters, any other fact pertaining to the supply of courier services or any other circumstance outside of the Seller’s control.
Customers should ensure to be available to receive the Products without any undue delay.
All purchase prices (“Purchase prices”) of the Products published and sold on the Site are expressed in different currencies, depending upon the country of destination of the Products.
In the event of any error or mistake in the publication of Purchase prices, the Seller retains the right to modify the relevant Purchase prices at any time. Incorrect prices will not be binding for the Seller in any case, even after the Customer has received an Order receipt confirmation or an Order acceptance notification. The Seller is under no obligation to accept or execute any Order for Products published at an incorrect price and reserves the right to refuse or cancel the Order.
Purchase prices for Products delivered to an EU State are usually VAT-inclusive. Some non-EU countries may apply sales taxes, which are not included in the Purchase price.
GST will be added to the price of products when required by the law of the country of destination.
In the event of deliveries outside the EU, Customs duties may apply. Customs duties will not be included in the Purchase price and they will be borne by the Customer in their entirety.
The Seller cannot provide any information or advice as regards the amount of Customs duties, if any, applicable to deliveries outside the EU, as it is difficult to predetermine the amount of Customs duties on each shipment.
All non-EU Customers are invited to contact their local Customs office for further information before placing any Order.
Customers understand that the application of Customs duties does not represent a valid cause to terminate the Sales contract between the Customer and the Seller.
6. Limitation of liability
The Seller is never responsible for damages, losses or costs incurred by the Customer as a result of failure to execute the Terms and Conditions of Sale for reasons that are not attributable to the Seller. In those cases, the Customer will be only entitled to a full refund of the Purchase price paid and of the Delivery expenses paid.
The Seller shall not be liable to the Customer or to any other third party for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, contracts, goodwill, use, enjoyment, time, data, electronically submitted orders or other economic benefit, except in the event of damages that result from the Seller’s gross negligence or intent. Any statutory liability remains unaffected.
7. Non-conforming Products
The Seller guarantees the Customer that the Products sold are not faulty or flawed and are in conformity with the Sales contract, that is the Products comply with the description given by the Seller on the Site and possess the qualities of the Products that the Seller has held out to the Customer as a sample or model, are fit for the purposes for which goods of the same type are normally used and show the quality and performance which are normal in goods of the same type and which the Customer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the Products made about them by the Seller on the Site.
For technological reasons, the Seller cannot guarantee that the monitor display of colours will be accurate.
Minor differences between the Product description on the Site and the actual Product features should not be deemed to lead to any non-conformity of the Product for the purposes of these Terms and Conditions of Sale.
The guarantee of conformity of the Products sold on the Site lasts for a period of 2 (two) years and 10 (ten) days from the date of dispatch of the Products.
The Customer shall notify the Seller of any lack of conformity of the Products within a period of 2 (two) months from the date on which they discovered the lack of conformity. Any anomalies shall be notified to the Customer service by following the instructions reported on the Site.
This statutory guarantee for conformity of Products ceases to apply in the event that the Customer is responsible for any lack of conformity of the Products, for instance when the concerned Products have not been used, stored, maintained or washed in strict accordance with the instructions set out on the Product labels.
In the event of any non-conforming Product, the Customer shall be entitled to ask:
• For the concerned Products to be repaired or replaced free of charge within a reasonable period and without major inconvenience to the Customer;
• For an appropriate price reduction, or for the Sales contract to be rescinded, if repair or replacement is impossible or disproportionate, or if the Seller has not remedied the shortcoming within a reasonable period or without major inconvenience to the Customer.
Any refund shall include the Purchase price, partially or entirely, and the relevant Delivery expenses, as agreed with the Customer, and any Customs duties on the initial and/or return delivery.
These Terms and Conditions of Sale do not affect the statutory rights of the Customer in respect of faulty or damaged goods.
8. Right of withdrawal - Returns
You can return any product, even if you simply change your mind, within 15 (fifteen) days from the date of delivery.
If the Customer decides to exercise his right of withdrawal, they must notify the Seller by following the instructions provided by the Seller.
Following the proper exercise of the right of withdrawal by the Customer, the Seller will proceed to refund the Customer for the Purchase price and the initial Delivery expenses borne, but not for any Customs duties paid on the initial shipment or to return the Products.
Depending on their country of residence, Customers may or may not have to bear the Delivery expenses to return the Products. Please check at this link the countries where Customers are charged Delivery expenses by the Seller to return Products after exercising the right of withdrawal according to this Section: http://www.replayjeans.com/custserv/custserv.jsp?pageName=Returns
In all other cases, provided that Customers perform the return procedure according to this Section and follow the instructions provided by the Seller, they are entitled to return Products free of any Delivery expense by using our partnering courier: Fedex.
The Seller will proceed to refund the Customer without undue delay and not later than 14 (fourteen) days starting from the date when the returned Products are received back or, if earlier, 14 (fourteen) days after the Customer has provided the Seller with evidence that all the concerned Products have been returned.
Refund will take place using the same payment method used by the Customer for the purchase.
The Customer must send the returned Products to the following address:
Fashion Box Spa
c/o DLG MOVE SRL (E-COMM)
Via Umberto Forti snc
56121 Località Montacchiello – Ospedaletto (PI)
The Customer will only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the Products.
In particular, every Product must be returned including all labels, packaging and accessories (case, hangers, garment covers, etc.) received with the Order; it must not show any signs of use or be altered in any way (worn, washed, ironed, etc.) and it must be returned in the same condition it was shipped in and packaged appropriately.
The Seller may refuse to accept any further Orders from a Customer after multiple returns on previous Orders by the same Customer.
The Customer cannot return products purchased on the Site to any physical store.
Any communication by the Customer to the Customer service shall be made via the contact form or by using the specific email address reported on the Site, if any.
These Terms and Conditions of Sale represent the entire agreement between the Seller and the Customer.
No waiver by the Seller shall be interpreted as a waiver of any preceding or succeeding breach of any provision included in these Terms and Conditions of Sale.
Please note that the European Commission makes available to consumers an online platform dedicated to helping settle commercial disputes out of court: http://ec.europa.eu/odr
Any unauthorized reproduction, even partial, of these Terms and Conditions is strictly forbidden.
Terms and Conditions of Sale updated on 27 May 2015.