1. GENERAL PROVISIONS
1.1 VF di Federico Forzan Sas (hereinafter “VF”) offers for sale directly to the costumers the products belonging to Adais collections (hereinafter the “Products” and/or the “Product”)) through this site www.adaisofficial.com (hereinafter the “Site”).
1.2The sale of Products on the Site is subject to these terms and conditions of sale (hereinafter “Terms of Sale”). The Products offered for sale on the Site are sold by VF di Federico Forzan Sas., a company organized and existing under the laws of Italy, with registered office in Milan, Via Ceradini 2, VAT number 10300950960, Economic and Administrative Index (R.E.A.) n. MI - 2521300.
2. INFORMATION FOR CONSUMERS
2.1. The Products displayed on the Site are offered for sale exclusively to individuals over the age of 18 acting for reasons not related to the commercial activity, craft, entrepreneurial or professional activities that they carry out (hereinafter “Consumer(s)”).
2.2. The purchase of the Products on the Site is not permitted only to individuals who are under 18 years old without the consent and supervision of a parent or guardian. VF does not knowingly collect personal information on the Site from or about minors. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
3. ORDER PROCEDURE
3.1. For each Product offered for sale on the Site, a picture of the Product concerned will be displayed on the Site, together with the model, the unitary price and the color. The images are used only as an example of the Product; VF cannot, therefore, be held responsible for any graphic misrepresentation of the Product on the Site
3.2. To purchase a Product the Consumer shall select the Product(s) of interest, the color and the model if any, add it to its shopping bag and click on the bottom “CONFIRM THE ORDER AND PAY”. Before submitting the order, the Consumer will be required to register on the Site by providing its personal data or to access through its personal account if already registered.
3.3 Each order submitted constitutes an offer to purchase Products from. Orders are subject to availability and acceptance by VF and VF may, at any time and at its sole discretion, refuse to accept the order, including but not limited to cases where:
• the Consumer provided incorrect information, including without limitation:
- insufficient or incorrect payment details;
- incorrect billing information;
- insufficient or incorrect shipping address – in this regard, please note that VF does not ship Products to P.O. boxes; or
- fraudulent information;
• there is an error on the Site relating to the ordered Products, for example:
- an error relating to the price or description of the Products as displayed on the Site;
• the ordered Products are no longer available through the Site;
• the amount of the proposed transaction is excessively high, based on our case-by-case evaluation, and subject to VF sole discretion; or
• VF believes that the Consumer is under the age of 18.
3.4. If VF is unable to accept the order, VF will contact the Consumer at the e-mail address provided during the registration on the Site as soon as possible and in any case within 30 days from the date in which the order has been submitted.
3.5. After placing the order through the Site, the Consumer will receive an “Order Processing Receipt” that is an automatic e-mail confirming that the order has been received and is being processed. In case of non- receipt of the Order Processing Receipt within 48 hours of placing the order, the Consumer shall contact VF at +39. 349-1048345 or by e-mail at firstname.lastname@example.org before trying to place another order for the same Products.
3.6. Please note that the Order Processing Receipt does not constitute acceptance of the order. The acceptance of the order and the charge of the relevant price will take place only when an order confirmation will be sent by VF (hereinafter the “Order Confirmation”). Through the Order Confirmation VF informs the Consumer that the order has been shipped. Together with the Order Confirmation the Consumer will receive an e-invoice.
3.7. It is possible to correct possible errors in the information entered during the purchase process until the submission of the order by following the specific procedure indicated on the Site. By submitting the Order, it will no longer be possible to make changes to the Order.
4. PRODUCT AVAILABILITY
4.1. VF will make all reasonable efforts to ensure that the prices and other information about Products displayed on the Site are accurate and up to date. However, the inclusion of any Products on the Site does not imply, warrant or guarantee that the Products will be available for purchase.
4.2. VF will have the right, at any time and without previous notice, to make changes to the information about Products displayed on the Site, including without limitation information about prices, description or the availability of Products. Changes will not however affect the price, availability or description of any Products for which the Consumer received the Order Confirmation.
5. PRICES AND PAYMENTS
5.1. The prices of the Products are indicated on the Site and will be confirmed in the Order check-out page, in the Order Confirmation as well as in the e-invoice that the Consumer will receive after the purchase.
5.2. VF reserves the right to vary the price of the Products at any time before the sending of the Order Confirmation
5.3. Please be aware that prices charged for any Products purchased on the Site may vary to reflect local market pricing and applicable duties. All prices except for Japan and the USA pricelists are inclusive of VAT, as applicable. An additional 20% fee inclusive of any applicable sales taxes shall apply only for sales to users connecting to the Site with Japan and USA IP addresses. Any other taxes and duties are not included and are calculated according to the value of each Order and the shipping destination and are itemized on the Order check-out page, in the Order Confirmation as well as in the e-mailed invoice.
5.4. Shipping costs may also apply to each Order and will be indicated in the Order check-out page.
5.5. The price of the Products may be paid by credit card or Paypal as listed on our check-out page. Payment must be made in the currency as indicated on the relevant Order. Please be advised that you may sustain, VF denies any responsibility for any extra charges imposed by your credit card issuer or by your bank related to the purchase.
• Payment by credit card
Upon placing the Order, the Consumer must supply the credit card details. VF will place a “hold” on any payment card for the total value of the Order. If the “hold” on the card has been authorized by the bank and/or the credit card issuer, the credit card will be debited for the total value of the Order Confirmation at the time the Products are shipped to the Consumer.
VF will not accept the Order, neither VF will supply the Products until the credit card issuer or the bank has authorized the use of your card for payment of the Products ordered. If VF does not receive such authorization VF will notify the Consumer.
VF reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.
After a “hold” on the payment card has been authorized by the bank, please be advised that, in case the credit card is debited for a lower amount than the total amount “held”, it is possible that the balance is not immediately fully available for reasons beyond VF control.
• Payment by PayPal
If the Consumer chooses PayPal as payment method, it will be redirected to the website www.paypal.com where the payment for the Products will be carried out following the procedure envisaged and regulated by PayPal and the contract terms and conditions as agreed between the Consumer and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with VF. VF will therefore have no knowledge of and cannot record in any way the details of the credit card connected to the Consumer’s PayPal account or any other payment instrument connected to said account.
VF will place a “hold” on the PayPal account for the total value of the Order. If the “hold” on the PayPal account has been authorized by PayPal will be debited for the total value of the Order Confirmation at the time the Products are shipped to the Consumer. VF will not accept the Order, neither will supply the Products to the Consumer until PayPal has authorized the use of the PayPal account for payment of the Products ordered. If VF does not receive such authorization VF will notify the Consumer.
5.6 VF takes all reasonable care to make the Site secure and to prevent frauds. All transactions on the Site are processed using a secure online payment gateway that encrypts the card details in a secure host environment. Please note that VF may, at any time and at its sole discretion, restrict shipping to certain customers and countries.
6.1 The Products will be delivered to the address provided in each Order.
6.2 Shipping costs shall be borne by the Consumer and will be itemized separately in the check-out process as well as on the Order Confirmation Form and related e- invoice. VF will not deliver any Products unless or until payment has been authorized and/or credited on VF's bank account. When the Products have been delivered to the carrier, VF will send the Order Confirmation to the Consumer.
6.3 International shipping is available when ordering Products from the Site. Delivery will be made by courier during normal business hours. Please be advised that shipping costs may apply to the Order and that the courier cannot deliver packages without receiving a signature and/or payment of applicable customs duties.
6.4 VF will make any reasonable effort to deliver the Products within the number of days specified on the Order Confirmation. However, any delivery date or time specified by VF is a best estimate only, and VF will not be liable for any loss or damage suffered by the Consumer through any unavoidable delay in delivery. The Consumer can track the progress of its Order by entering the tracking number provided in your Order Confirmation.
6.5 Products will become Consumer’s property at the time of receipt. As soon as VF has delivered the Products to the Consumer, the latter will become responsible for them and for any loss or damage to them thereafter.
6.6 Upon delivery of the Products, and before signing any document attesting delivery, the Consumer must carefully check the integrity of the package and, should the package be damaged or altered, the Consumer must write in the document attesting delivery that it reserves the right to verify the content. Failure to do so may result in a liability for VF, for which the Consumer might be held responsible.
7. RESALE / RESHIPPING OF PRODUCTS
The resale, rental or transfer for commercial or professional reasons of Products purchased on the Site is strictly forbidden. VF reserves the right to refuse any Order, if VF suspects that Consumers intends to resell the Products.
8. RIGHT OF WITHDRAWAL
8.1 Consumer is entitled to withdraw from the purchase contract exclusively through the Site within 15 (fifteen) days from the date of receipt of the Products purchased on the Site. When exercising the right of withdrawal, the Consumer will not be allowed to change the purchased Product with any other Product.
8.2 To return purchased Products enforcing Consumer’s statutory right of withdrawal, the Consumer must follow the below procedure, to be started within 15 days after the Products are received:
notify VF in writing that the intention to return purchased Products enforcing the right of withdrawal. The Consumer can either send an e-mail to email@example.com or write to VF di Federico Forzan Sas, Via Ceradini 2, 20129 Milano providing an email and phone number where the Consumer can be reached. Alternatively, the Consumer can fill in and send VF the Withdrawal Form available on the following link __________
B. We will then contact you and provide you with a Return Authorization Number. Handwrite the Return Authorization Number (to be provided by VF) on the line indicated on the original delivery receipt received with the original shipment;
C. Place all items for return new, unused, and in perfect condition with all of the tags and labels attached in their original boxes and packaging along with the Return Authorization Number handwritten as per above;
D. arrange for return of the purchased Products to VF at the following address: VF di Federico Forzan, Via Ceradini 2, 20129 Milano
8.3 Products shall be shipped to VF within 14 days from the day on which the Consumer communicated the intention to withdrawn from the purchase agreement as per section 8.1 above.
8.4 The Consumer is the only responsible for the return shipping and possible damages and loss occurred while returning Products until VF receives them.
8.5 The amount reimbursed will be the total amount paid by the Consumer, including the original shipping costs. VF will reimburse no return shipping costs.
8.6 When the Products are returned, VF will review them for quality control. If the Products are sent back in perfect condition, new, unused, and with all tags and labels attached, VF will approve the return and reimburse the credit card or Paypal account used for the original purchase. VF will credit the refund to the card or Paypal account used by the Consumer to pay for the Products as soon as VF receives the returned Products, save for possible delays of technical nature not attributable to VF (e.g.: malfunction of credit card system).
8.7 In case the Products appear to be worn or used, are missing any of the labels or tags, do not comply with VF Terms of Sale, or where VF has any reason to believe that the Products are fraudulent or were not purchased directly on the Site, VF will not be able to accept the return and will send the original Products back to the Consumer.
9. RETURN OF DAMAGED OR FAULTY PRODUCTS
9.1 The Consumer has the right to return Products for quality problems within the limits set forth by the governing law (Italian law) and these Terms of Sale provided that VF is notified of the quality problems and/or defects within 10 days from the receiving of the Products or, in case of hidden defects, from discovery.
9.2 When the Products are returned for quality problems VF will examine them. If the Products have quality problems, VF will repair them (if possible) or replace them with new Products. If VF is unable to repair or replace the Products in a timely and satisfactory manner, then VF will refund the price paid for the Products (along with the initial shipping costs and any costs borne by the Consumer to return the Products, provided that the Consumer provides evidence thereof in writing) to the credit card or PayPal account used for the original purchase in accordance with the applicable regulations.
9.3 If VF reasonably believes that the returned Products are not faulty/damaged and do not have quality problems, or have been damaged due to misuse or the quality problems have been notified later than the deadline set forth in section 9.1, the Consumer will not be entitled to a refund and/or repair and/or exchange and VF will return the original Products to the Consumer.
10.1 Nothing in these Terms of Sale will exclude or limit VF liability to the Consumer for fraud, death or personal injury caused by VF negligence, breach of terms regarding title implied under the Consumer Code as for Products shipped to Italy or any other liability which the applicable laws state may not be excluded or limited.
10.2 To the fullest extent possible pursuant to applicable law VF will not be liable to the Consumer under the contract for any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill; any loss or corruption of or damage to data; or any loss or damage which was not a reasonably foreseeable result of either VF breach of the purchase agreement or of VF legal duty of care.
11. GOVERNING LAW AND JURISDICTION
11.1 These Terms of Sale are governed by the Italian Law.
11.2 Any dispute arising in connection with these Terms of Sale and/or the purchase agreement will be devolved to the exclusive competence of the Courts of Milan (Italy) or the competent court of the Consumer habitual place of residence or domicile, as applicable.