1. Subject Matter

1.1 These general terms and conditions of sale published herein govern the sales contract (hereinafter, for the sake of brevity, the "Contract") entered into with the users of the Website (hereinafter, for the sake of brevity, the "Buyers" or the "Buyer"), through electronic means, for the goods (hereinafter, for the sake of brevity, the "Product" or the "Products") displayed on the website www.filippomarchesani.com (hereinafter, for the sake of brevity, the "Website"), managed by MARCHESANI S.P.A. - with registered office in Milan, Viale Andrea Doria, 5 - 20124, VAT No.: 02385000696, REA MI-2636749, Share Capital Euro 600,000 (hereinafter, for the sake of brevity, "Marchesani").

1.2 The General Terms and Conditions of Sale published on the Website must be viewed and read by the Buyer before purchasing any Product. By submitting the purchase order, the Buyer declares that they have viewed and accepted them.

1.3 Buyers shall also benefit from the protections provided in the event of the conclusion of distance contracts pursuant to Title III, Section II, of Italian Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), as well as all further mandatory protections provided in favour of Buyers by the Consumer Code itself http://www.codicedelconsumo.it/.

2. Conclusion of the Contract

2.1 In order to purchase the Products, the Buyer must submit their purchase order and make the payment by following the procedures indicated in the dedicated sections.

2.2 In particular, the steps required to complete the purchase are as follows:

a) the Buyer may freely access the Website and view the essential characteristics of the Products displayed, including the price, as well as the images published for the purpose of illustrating the Products themselves;

b) the Buyer may select one or more Products they wish to purchase by placing them in a virtual "shopping cart". The contents of the shopping cart may always be viewed by the Buyer before submitting the order. Furthermore, by accessing the shopping cart, the Buyer may view, before purchase and payment, all information relating to the purchase of the Products, including shipping costs and estimated delivery times;

c) in order to make the purchase, the Buyer must register on the Website by providing their email address and a password of their choice, which will allow them to access the Website;

d) as an alternative to registering on the Website, the Buyer may make the purchase as a guest. In this case, the data requested in order to complete the order will be stored in Marchesani’s database only for the period of time necessary to process the order itself, and the Buyer will be required to enter the same data for each new order;
 
e) in order to complete the order, the Buyer, in the "shopping cart" section, must also enter the shipping address and the data required for payment. Please note that for shipments to non-European countries, upon customs clearance of the parcel, duties or customs charges may be requested by the competent authorities of the destination country. We recommend contacting the local customs authorities for further information.

f) the Buyer may modify the selected Products and the data entered up until the final submission of the order, which must be completed by selecting the "Payment" button.

g) Please note that proof of delivery is sufficient to consider the order completed.

2.3 The Buyer may make payment by credit card or bank transfer. More detailed information regarding payment methods is available below.

2.4 Once the purchase order has been received, Marchesani will send an order confirmation receipt to the Buyer’s email address, containing a summary of the information relating to the purchase, and will proceed with processing the order. In any case, the order shall be deemed accepted and, consequently, the Contract shall be deemed concluded when the Buyer receives their order through the appointed courier and the tracking status shows "Delivered".

2.5 The contract will be stored in PDF format, sent by email and electronically archived by Marchesani.

3. Rights and Obligations of the Parties

3.1 Marchesani will deliver the Products to the address provided by the Buyer in the purchase order, through a specifically appointed carrier. More detailed information regarding shipping times, costs and destinations is available below.

3.2 Marchesani assumes no liability for any delivery errors due to inaccuracies or incompleteness in the completion of the purchase order by the Buyer, or for any damage to the Products occurring after delivery to the carrier, or for any delivery delays attributable to the carrier itself, weather conditions, international customs issues or other circumstances beyond Marchesani’s control.

3.3 If one or more Products are unavailable, Marchesani will notify the Customer. In such case, Marchesani will refund the Customer, by crediting the payment card or the Buyer’s account indicated for the purchase, the price and, where the purchase concerned only the unavailable Product, the shipping costs. With the Buyer’s consent, Marchesani may send a Product different from the one ordered, of equivalent value.

3.4 If the designers decide to make changes during the production phase and/or not to produce one or more products, as well as in the event of a variation or if the pre-ordered product is not delivered by the designer, Marchesani will contact the customer to request approval and proceed with shipment, or to cancel the order and issue a refund.

3.5 In any case, the unavailability of one or more ordered Products shall not constitute grounds for cancellation of the entire order by the Buyer.

3.6 Upon delivery of the Products by the carrier appointed for transport, the Buyer must verify, in the presence of the carrier:

a) that the packaging used for transport is intact, not damaged or altered, even only in the sealing materials;
b) that the quantity and type of Products ordered correspond to what is stated in the transport document and to what was ordered.

3.7 If the Buyer detects any anomalies or discrepancies, they must immediately notify the carrier upon delivery of the Products and indicate in writing "ACCEPTED WITH RESERVATION".

3.8 The Buyer is solely responsible for the truthfulness and correctness of the information and data provided to Marchesani and undertakes to promptly communicate any changes to the data previously provided.

4. Conformity of the Products

4.1 Marchesani undertakes to ensure that the description and/or photographic representation of the Products on the Website is as faithful as possible to the Products themselves.

However, considering that the quality of the images may depend on the IT devices used by the Buyer, it is possible that the Buyer’s perception of the description or photographic representation of the Products may not correspond exactly to the Product itself. Therefore, the images and videos accompanying the presentation of the Products must be considered as published on the Website for purely descriptive purposes.

4.2 If the delivered Product is confirmed to be defective or different from the one ordered, Marchesani undertakes to provide the Customer with the legal guarantee of conformity, to be exercised under the conditions and within the terms set out in Articles 128 et seq. of Italian Legislative Decree no. 206/2005. In particular, the Buyer shall have the right to request, alternatively:

a) the delivery of a Product identical to the one ordered, subject to stock availability; or

b) the delivery of a Product of equivalent quality and price, subject to stock availability; or

c) the refund of the Product price.

4.3 The guarantee provided for in this article shall apply only if the Products have been handled with due care and in accordance with their intended use, and subject to the Buyer presenting the delivery note received and indicating the order number.
 
4.4 In any case, the guarantee referred to in this article shall not apply to defects resulting from normal wear and tear of the Product.

5. Withdrawal

5.1 In accordance with the provisions of the Consumer Code, the Buyer has the right to withdraw from the Contract without paying any penalties and without having to provide any reason, starting from receipt of the order confirmation sent by Marchesani and within fourteen days from receipt of the Product.

5.2 If the Buyer intends to exercise this right of withdrawal, they must send a specific communication to Marchesani within the aforementioned period of 14 days from the date of delivery of the Product.

5.3 In the event of exercising the right of withdrawal, the Buyer shall also be required to return the Product to Marchesani no later than two weeks from the sending of the aforementioned communication.

5.4 More detailed information regarding the procedure and instructions to be followed for exercising the right of withdrawal, as well as the related costs, is available in the "Returns and Refunds" paragraph.

5.5 An essential condition for exercising the right of withdrawal is the substantial integrity of the product to be returned. In any case, it is sufficient that the Product is returned in a normal state of preservation, having been kept and, where applicable, handled with ordinary diligence.

5.6 In particular, the Products must be returned:

a) properly packed in their original packaging, in perfect resale condition (not ruined, damaged or soiled) and complete with all accessories and documentation, where applicable;

b) accompanied by the return document (RMA), downloadable upon approval of the return request, so that Marchesani can identify the Buyer (order number, name, surname and address);

c) without clear signs of use, except those compatible with a normal fitting or inspection of the item. In other words, they must not show signs of prolonged use beyond a few minutes, exceeding the time necessary for trying the item on, and must not be in such condition as to prevent resale.

5.7 Following the Buyer’s exercise of the right of withdrawal in accordance with these General Terms and Conditions of Sale, Marchesani will refund the Customer the sums paid, by crediting the payment card or current account indicated for the purchase. The refund will be made within 14 days from the date on which Marchesani becomes aware of the Buyer’s exercise of the right of withdrawal.

5.8 In the event of the Buyer’s failure to comply with the conditions set out in Article

5.5 and 5.6, the Seller reserves the right to deduct from the refund of the sums paid by the Buyer an amount corresponding to the decrease in value of the returned Products, giving appropriate notice to the Buyer. Following such communication, the Buyer shall retain the possibility of having the products returned, at their own expense, in the condition in which they were returned to the Seller.

5.9 By way of example, the following goods are certainly excluded from the right of withdrawal:

- Items from the Underwear section, where indicated;
- Items from the Home & Beauty section, where indicated.

6. Protection of Personal Data

6.1 Marchesani undertakes to respect the confidentiality of the personal data collected when registering on the Website and/or provided by the Buyer at the time of purchase, and to process such data in compliance with the provisions of Italian Legislative Decree 196/03.

6.2 In this regard, reference is made to the detailed information notice contained in the "Privacy" section.

7. Miscellaneous

7.1 Marchesani reserves the right to amend these General Terms and Conditions of Sale at any time.

7.2 The General Terms and Conditions of Sale applicable to the sale of each Product shall be those published on the Website on the date of the order relating to that Product. Therefore, the Buyer must view and accept these General Terms and Conditions of Sale before making each purchase.

7.3 Should any provision of these General Terms and Conditions of Sale be considered null or invalid, these General Terms and Conditions of Sale shall nevertheless remain valid and effective in all remaining parts.

7.4 The mere tolerance or failure by Marchesani to contest any breaches by the Buyer of the provisions contained in the General Terms and Conditions of Sale shall not be interpreted as tacit acceptance of such breaches, nor as a willingness to waive what has been agreed between the parties.
 
8. Communications:

8.1 For any communication and/or request for assistance and/or complaint relating to the Products purchased, the Buyer may contact Marchesani using the contact details indicated in the "Contacts" section of the Website.

9. Applicable Law and Dispute Resolution:

9.1 These General Terms and Conditions of Sale are governed by Italian law and, therefore, shall be interpreted and executed in accordance with it.

9.2 In the event of a service issue or dispute between MARCHESANI S.p.A. and a user/customer, since the contracts with Marchesani S.p.A. are concluded in Italy, jurisdiction shall lie with the Court of Vasto.

10. Payments 

The products ordered may be paid for using various payment methods, visible at checkout.

In the event of payment by bank transfer, payment must be confirmed within 48 working hours from the placing of the order. Customers are kindly requested to send a copy of the payment to our Customer Service. If proof of payment is not received, the order may be cancelled.
Please contact Customer Service as soon as possible to notify any issues. The order is processed only once payment has been received, which is usually within 48 hours of execution.

Bank details:

ACCOUNT HOLDER: MARCHESANI SPA

Bank: BPER SUCC. CUPELLO

IBAN: IT 91 D 05387 77650 00000 2318552

SWIFT: BPMOIT22

Please specify the ORDER NUMBER in the bank transfer reference.

In the event of payment via PayPal, for security reasons, the PayPal account holder must correspond to the destination address of the goods.  

Marchesani reserves the right to ship the goods only to the address indicated in the verified PayPal account. Payments sent from unverified PayPal accounts will be cancelled.

11. Shipping

Worldwide shipments are carried out through our trusted couriers.
Orders are usually processed within 48 hours of receipt of payment, from Monday to Friday, from 9:00 a.m. to 6:00 p.m.

Delivery times vary depending on the destination and are subject to the courier’s procedures. Indicatively, they are as follows:

ITALY: 1-2 working days

EUROPE: 2-4 working days

REST OF THE WORLD: 3-7 working days

Once the order has been shipped, it is not possible to change the delivery address.
Delivery is usually carried out from Monday to Friday, from 8:00 a.m. to 5:00 p.m., at the discretion of the appointed courier.

All shipments are traceable through the courier’s portal using the tracking number linked to the order.

Parcels are carefully packed and sealed with customised adhesive tape.

Upon delivery of the goods, the customer is kindly requested to inspect the parcel in order to identify and immediately report any signs of tampering. In case of doubt, the customer is required to write "Accepted with Reservation" and have it signed by the courier, or to refuse delivery of the shipment, simultaneously opening a claim according to the methods required by the courier and promptly reporting the incident to the Seller.

Customs and security inspections are clearly distinguishable by the application of additional specific seals depending on the authority that carried out the inspection.

By placing an order, customers establish a commercial relationship with Marchesani S.p.A. Failure to deliver due to negligence in completing personal data (destination address or recipient’s telephone number) or refusal to collect without justified reason will result in a return, which shall be understood to be at the customer’s expense. These costs will be deducted from the refund due.

Shipping costs follow the table shown at checkout and vary according to the selected courier and place of delivery. In the event of a return, these costs will not be refunded.

In the event of non-collection, return and customs clearance costs will be deducted from the order refund.

These costs and any customs duties are always borne by the customer (DDU).

Perfumes are considered "dangerous goods" under international shipping regulations. For this reason, they require an additional accompanying document and specific seals to be applied to the parcel. Therefore, they cannot be included with other goods and are shipped separately. Shipping is not available to all countries worldwide. Please contact Customer Service before placing the order.

12. Returns and Refunds

The products purchased on this website are sold directly by MARCHESANI S.P.A. - with registered office in Milan, Viale Andrea Doria, 5 - 20124, VAT No.: 02385000696 (hereinafter, for the sake of brevity, "Marchesani").

For any reason, the customer may return the order, in whole or
in part. Items may be returned within 14 days from the date of receipt of the parcel. Returned items must not have been worn, washed or altered in any way.

The soles of footwear must be in perfect condition and must not show
signs of use.

Items must be returned with the security seal applied by Quality Control during order processing, with all original tags, packaging and other accessories (dustbags, garment covers, etc.) received in the parcel. Footwear and accessories must be returned in their original boxes, which must not be damaged, altered or used as the shipping packaging box.

In the event of orders including gift packaging, the cost of the latter will not be refunded and the amount will be deducted from the return.

Customers may submit a return request within the "My Orders" section. If they placed an order without registration, they may request a return by following the link found in the email received at the time of the order.

Customers are kindly requested to write the order number on the return tag attached to each item and on the copy of the invoice to be placed inside the parcel. Customers are kindly requested to strictly follow the instructions provided to them.

Customers may choose between the following compensation options:

Coupon
The customer may choose to receive a credit coupon equivalent to the amount to be refunded, which may be spent online within 6 months from the date of issue.

Refund
If the customer requests a refund for the returned order, the refund will be
issued within 5 working days from receipt of the parcel and only after the
quality control of the returned items has been completed.

For orders paid by credit card, the refunded amount will be credited to the credit/debit card used at the time of purchase. Processing times may vary depending on the credit card issuer. For further information, please contact your bank.

Refunds for orders placed by bank transfer are returned to the original
current account within 5 days from receipt of the parcel.

Refunds for cash-on-delivery orders will be issued by bank transfer.

Refunds are issued in the same currency as the original purchase. Any
differences in the refunded amount are due to exchange rate fluctuations
and will not be refunded.

In the event of defective or incorrect goods due to an error made by
MARCHESANI S.P.A., customers are kindly requested to follow the instructions below:
Customers are requested to provide photographic evidence proving the defect or error.

In these cases, shipping costs and any customs charges shall be borne
by MARCHESANI S.P.A.

Please note that proof of delivery or the "Delivered" tracking status is sufficient to consider the order completed and the contract duly concluded. Therefore, if signs of tampering are noticed upon delivery of the parcel, customers are invited to "Accept with Reservation".

Returns must be shipped in the original packaging box used by
MARCHESANI S.P.A., accompanied by a copy of the
invoice/receipt or RMA.

Return address:

MARCHESANI S.P.A.
Corso Duca Degli Abruzzi, 50
66051 - Cupello (CH) Italy

In Italy, the customer may choose whether to:

1) book a collection with Marchesani, in which case additional costs will apply and will be deducted from the refund;

2) ship using a courier of their choice.

Below are the shipping costs for returns with collection booking
managed by Marchesani, following the customer’s request, for the following geographical areas:

ITALY/SAN MARINO: 

Locker delivery: €5

EUROPE: €20
UK: €40
USA: €50
REST OF THE WORLD: €100

Any customs charges are always borne by the customer and will be deducted from the amount initially paid by the customer.

Returns authorised by MARCHESANI S.P.A. must be shipped from the same
country to which the order was originally shipped.

MARCHESANI S.P.A. reserves the right not to accept returns if the courier is different from the one indicated and if the delivery involves additional costs for MARCHESANI S.P.A. or requires collection from a
courier branch.

MARCHESANI S.P.A. reserves the right to refuse returns that have not been
authorised or have not been sent in accordance with the return policy. In these cases,
MARCHESANI S.P.A. may return the parcel to the sender at the original
shipping address.

In the event of acceptance of an unauthorised or non-compliant return,
MARCHESANI S.P.A. may retain 10% of the value of the returned goods from
the refund due.

The right of withdrawal for contracts concluded on the MARCHESANI S.P.A. website is excluded
pursuant to Article 59 of the Italian Consumer Code in relation to:

a) the supply of sealed goods that are not suitable for return for reasons
of hygiene or health protection and have been opened after
delivery.

b) the supply of goods which are liable to deteriorate or expire rapidly.

By way of example and without limitation, the following products are certainly excluded from the right of withdrawal:

– Certain items from the Underwear/Lingerie section, where expressly indicated.

– Items from the Home&Beauty section.

– Christmas gift sets.

For each item to which the withdrawal exclusion applies, Marchesani S.p.A. provides
the consumer customer with specific indication directly on the
product page.

Marchesani S.p.A. shall nevertheless retain the right to accept a withdrawal request
also for goods excluded from such right, should it deem it appropriate, at its sole discretion,
for justified reasons.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website and its contents, including but not limited to works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, graphics, colours, layouts, tools, fonts and the design of the website, as well as the trademarks and distinctive signs used by Marchesani in relation to the sale of goods, are protected by intellectual and industrial property laws. Consequently, any form of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the Website contents, trademarks and distinctive signs used by Marchesani is prohibited.

The trademarks and distinctive signs present on the Website that identify the products sold on www.filippomarchesani.com are the property of their respective owners and are used within the Website solely for the purpose of identifying, describing and advertising the goods for sale.

14. WEBSITE TERMS OF USE

The Website www.filippomarchesani.com is managed by MARCHESANI S.P.A. - with registered office in Milan, Viale Andrea Doria, 5 - 20124, VAT No.: 02385000696 (hereinafter, for the sake of brevity, "Marchesani").

Access to and browsing of the website www.filippomarchesani.com are governed by these Website Terms of Use. Therefore, by accessing and browsing the website www.filippomarchesani.com, users undertake to accept and comply with these Terms.

Access to the Website and its services is intended exclusively for personal use, unrelated to any commercial, entrepreneurial or professional activity.
The user is solely responsible for the use of the Website and its contents, as well as solely responsible for the safekeeping and proper use of their personal information, including the credentials that allow access to the Website, and for any harmful consequence or prejudice that may arise from the incorrect use, loss or theft of such information.

Except in cases of wilful misconduct or gross negligence, Marchesani assumes no liability for any use of the Website and its contents by the User that does not comply with applicable laws, nor for the communication of incorrect, false or third-party information and data without the consent of such third parties.

Marchesani assumes no liability for Website malfunctions or for damages caused to the User by the use of the Website, unless such damages are causally attributable to Marchesani itself.

Marchesani publishes information on its website in order to provide a service to users, but disclaims any liability for technical inaccuracies and/or typographical errors. If reported, Marchesani will promptly make the relevant corrections.

Marchesani does not provide any guarantee that the information published on its website complies with the laws of the jurisdiction applicable to the user.

The website is protected according to international Internet standards; therefore, the user’s device cannot be affected by viruses during browsing if browsing is carried out correctly. However, Marchesani disclaims any liability for problems, damage, viruses or risks that the user may incur during improper use of the website, and disclaims any liability for any malfunction of the website due to the disabling of "cookies" in the user’s browser.

Users must accept the terms and conditions of this legal notice and must periodically visit these pages for any updates, changes and corrections.

Marchesani reserves the right to make corrections and changes to the website, as well as to amend the terms and conditions of use of the Website whenever necessary, without prior notice.

15. COMMERCIAL POLICY

Marchesani offers its products for sale and carries out its e-commerce activity exclusively towards end users who are "consumers".

"Consumer" means any natural person acting on www.filippomarchesani.com for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out.
In consideration of its commercial policy, Marchesani reserves the right not to process orders from parties other than "consumers" or, in any case, orders that do not comply with its commercial policy.

In particular, in order to place orders on the website, Customers must: - be consumers - be at least 18 years old - have the necessary requirements to enter into legally binding contracts - have a valid POP email address - have a valid credit card: Visa, American Express, MasterCard, or a bank account.

Only branded, first-quality products are offered for sale on www.filippomarchesani.com.

The essential characteristics of the products are presented on www.filippomarchesani.com within each product page.

Note: in the event of inconsistencies, discrepancies or divergences of interpretation between the Italian version and any other language version of this publication, the Italian-language version shall prevail.