1. Object

1.1 The general conditions of sale published herein govern the sales contract (hereinafter, for brevity, the "Contract") to the users of the Site (hereinafter, for brevity, the "Buyers" or the "Buyer"), through electronic means, of the goods (hereinafter, for brevity, the "Good" or the "Goods") displayed on the Internet Site www.filippomarchesani.com (hereinafter, for brevity, the "Site"), managed by MARCHESANI S.P.A. - with registered office in Milan, Viale Andrea Doria, 5 - 20124, VAT number: 02385000696, REA MI-2636749, Share capital 600,000 euros (hereinafter, for brevity, "Marchesani").

1.2 The General Conditions of Sale published on the Site must be viewed and understood by the Buyer before purchasing goods and by sending the purchase order the Buyer declares that he has viewed and accepted them.

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

2. Conclusion of the Contract

2.1 To proceed with the purchase of the Goods, the Buyer must send his purchase order and make the payment, following the procedures indicated in the specifically dedicated sections.

2.2 In particular, the steps to proceed with the purchase are as follows:

a) the Buyer may freely access the Site and view the essential characteristics of the Goods on display, including the price, as well as the images published for the purpose of illustrating the Goods themselves;

b) the Buyer may select one or more Goods that he intends to purchase, placing them in a virtual "cart". The contents of the cart may always be viewed by the Buyer before proceeding with the order; furthermore, by accessing the cart the Buyer may know, before purchasing and paying, all information relating to the purchase of the Goods, including shipping costs and expected delivery times;

c) to make the purchase, the Buyer must register on the Site, communicating his e-mail address and a password of his choice, which will allow him to access the Site;

d) as an alternative to registering on the Site, 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 the Marchesani 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 "cart" section, must also enter the shipping address and the data requested for payment;

f) the Buyer may modify the Goods chosen and the data entered until the final forwarding of the order, which must occur 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 the payment by credit card or bank transfer. More detailed information regarding the payment methods is available below.

2.4 Upon receipt of the purchase order, 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 will be considered accepted and, consequently, the Contract will be considered concluded when the Buyer receives his/her order via the appointed courier and the tracking status is "Delivered".

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

3. Rights and obligations of the Parties

3.1 Marchesani will deliver the Goods to the address communicated by the Buyer in the purchase order, through a specially appointed carrier. More detailed information regarding the times, costs and places of shipment are available below.

3.2 Marchesani assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Buyer or for any damage that may occur to the Goods after delivery to the carrier as well as for any delays in delivery dependent on the carrier itself or on weather conditions, international customs issues or other circumstances beyond the control of Marchesani.

3.3 In the event that one or more Goods are not available, Marchesani will notify the Customer. In this 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 Good, the shipping costs. If the Buyer agrees, Marchesani may send a Good different from the one ordered, of equivalent value.

3.4 In the event that the designers decide to make changes during production and/or not to produce one or more products, as well as in the event that there is a variation or the pre-ordered product is not delivered by the designer, Marchesani will contact the customer to ask for approval and proceed with shipping or cancel the order and issue a refund.

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

3.6 Upon delivery of the Goods by the carrier responsible for the relative transport, the Buyer shall verify in the presence of the carrier:

a) that the packaging used for transport is intact, not damaged or altered, even just in the sealing materials;

b) that the quantity and type of Goods ordered correspond to what is indicated in the transport document and what was ordered.

3.7 If the Buyer finds any anomalies or discrepancies, he/she must immediately notify the carrier upon delivery of the Goods 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 communicated.

4. Conformity of the Goods

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

However, taking into account the fact that the quality of the images may depend on the IT tools used by the Buyer, it is possible that the Buyer's perception of the description or photographic representation of the Goods does not correspond exactly to the Good itself, so that the images and videos accompanying the presentation of the Goods must be considered published on the Site for purely descriptive purposes.

4.2 In the event that the Good delivered is found to be defective or different from that ordered, Marchesani undertakes to provide the Customer with a legal guarantee of conformity, to be exercised under the conditions and terms set out in articles 128 et seq. of Legislative Decree No. 206/2005. In particular, the Buyer will have the right to request, alternatively:

a) the delivery of a Good identical to that ordered, subject to stock availability

b) the delivery of a Good of equivalent quality and price, subject to stock availability, 

c) the refund of the price of the Good.

4.3 The guarantee provided for in this article will apply only if the Goods have been handled with due diligence and in compliance with their intended use, as well as upon presentation by the Buyer of the delivery note received and indication of the order number.

4.4 In any case, the guarantee referred to in this article will not apply with reference to defects resulting from normal wear and tear of the Goods.

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 penalties and without having to specify the reasons, starting from the receipt of the order confirmation sent by Marchesani and within fourteen days of receipt of the Goods.

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

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

5.4 More detailed information regarding the procedure and instructions to follow for exercising the right of withdrawal and the related costs are available in the paragraph “Returns and Refunds”.

5.5 An essential condition for exercising the right of withdrawal will be the substantial integrity of the product to be returned. However, it is sufficient that the Goods are returned in a normal state of conservation, as they have been kept and possibly handled with the use of normal diligence.

5.6 In particular, the Goods must be returned:

a) correctly packaged in their original packaging, in perfect resale condition (not ruined, damaged or soiled) and equipped with all accessories and documentation;

b) equipped with the return document (RMA) downloadable at the time of approval of the return request, in order to allow Marchesani to identify the Buyer (Order number, name, surname and address);

c) without obvious signs of use, other than those compatible with carrying out a normal test of the item. That is, they must not show signs of prolonged use (more than a few minutes) exceeding the time necessary for a test and must not be in such a condition as to not allow resale.

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

5.8 In the event of failure by the Buyer to comply with the conditions set out in art.

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 Goods, giving specific notice to the Buyer. Following such notice, the Buyer remains entitled to obtain, at his own expense, the products in the state in which they were returned to the Seller.

5.9 Right of withdrawal, by way of example, the following goods are certainly excluded from 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 at the time of registration on the Site and/or those communicated at the time of purchase by the Buyer and to process them in compliance with the provisions of Legislative Decree 196/03.

6.2 In this regard, please refer to the detailed information contained in the “Privacy” section.

7. Miscellaneous

7.1 Marchesani reserves the right to modify these General Conditions of Sale at any time.

7.2 The General Conditions of Sale applicable to the sale of each Good will be those published on the Site on the date of the order relating to the Good itself. The Buyer, therefore, must view and accept these General Conditions of Sale before proceeding with each purchase.

7.3 If any provision of these General Conditions of Sale should be considered null or invalid, these General Conditions of Sale will nevertheless remain valid and effective in the remaining part.

7.4 The mere tolerance or failure to contest by Marchesani of any breaches by the Buyer with respect to the contents of the General Conditions of Sale cannot be interpreted as tacit acceptance of such breaches, nor as a desire to derogate from what was agreed between the parties.

8. Communications:

8.1 For any communication and/or request for assistance and/or complaint relating to the purchased Goods, the Buyer may contact Marchesani at the contact details indicated in the “Contacts” section of the Site.

9. Applicable law and dispute resolution:

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

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

10. Payments

The products ordered may be paid for using various payment methods, visible at the time of checkout.
In the case of a Bank Transfer, payment must be confirmed within 48 working hours of placing the order. Customers are 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 report any problems. The order is processed only upon receipt of payment, which is usually received within 48 hours of execution.

Bank details:

HOLDER: MARCHESANI SPA

Bank: BPER SUCC. CUPELLO

IBAN: IT 91 D 05387 77650 00000 2318552

SWIFT: BPMOIT22

Please specify the ORDER NUMBER in the reason for the transfer.
In case of payment via PayPal, for security reasons there must be a correspondence between the holder of the PayPal account and 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

10. Shipping

Shipments worldwide are made with our trusted couriers. Orders are usually processed within 48 hours of receiving payment, from Monday to Friday from 9 am to 6 pm.

Delivery times vary from destination to 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 made from Monday to Friday from 8 am to 5 pm, at the discretion of the courier in charge.

All shipments can be tracked via the courier portal using the tracking number linked to the order.

The packages are carefully packaged and sealed with personalized adhesive tape.

Upon delivery of the goods, the customer is asked to inspect the package to identify and immediately report any signs of tampering. In case of doubt, it is requested to write "I accept with reserve" and sign it from the courier, or refuse delivery of the shipment, simultaneously opening a complaint according to the methods requested by the courier and promptly reporting the incident to the Seller.

Customs and security checks are clearly distinguishable by the application of additional specific seals depending on the body that carried out the check.

By placing an order, customers establish a commercial relationship with Marchesani S.p.a., and failure to deliver due to carelessness in filling in their data (destination address or recipient's telephone number) or refusal to collect without a reason will imply a return which is to be considered borne by the customer, these expenses will be deducted from the refund due.

Shipping costs follow the following table and are shown at checkout and vary based on the selected courier and the place of delivery. In case of return, these costs will not be refunded.

In case of failure to collect, the return and customs clearance costs will be deducted from the order refund.
These costs and any customs charges are always paid by the customer (DDU).

Perfumes are considered "dangerous goods" in the international shipping rules, for this reason they require an additional accompanying document and special seals to be affixed to the package, for this reason it is not possible to include them with other goods and they are shipped separately. Shipping to all countries in the world is not possible. Please contact Customer Service before placing your order.

12. Returns and refunds

The products purchased on this site are sold directly by MARCHESANI S.P.A. - with registered office in Milan, Viale Andrea Doria, 5 - 20124, VAT number: 02385000696 (hereinafter, for brevity, “Marchesani”).

For any reason, the customer can return the order, entirely or partially. Items can be returned within 14 days from the date of receipt of the package. Returned items must not have been worn, washed or altered in any way. The soles of the footwear must be in perfect condition and show no signs of use.

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

Customers can make a return request in the "My Orders" section. If they have placed an order without registering, they can request a return by following the link found in the email received when placing the order.
Customers are asked to write the order number on the return tag attached to each item and on the copy of the invoice to be placed in the package. Customers are asked to follow the instructions provided to them faithfully.

Customers can choose between the following compensation options:

Size and/or Color Exchange in ItalyItems can be exchanged for the same model in a different size and/or color, if available. Exchanges for different items are not accepted. The new requested item can be returned following the same procedure.

Coupon

You can choose to obtain a credit coupon equivalent to the amount to be refunded, which can be spent online within 6 months of issue.

Refund
In the event that the customer requests a refund for the returned order, the refund will be made within 5 working days of receiving the package and only after quality control of the returned items.

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

Refunds for orders placed by bank transfer are returned to the original bank account within 5 days of receiving the package.

Refunds for orders paid for by cash on delivery will be made by bank transfer.

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

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

In these cases, shipping costs and any customs charges are paid by MARCHESANI S.P.A.

Please note that proof of delivery or the “Delivered” status in the tracking are sufficient to consider the order Completed and the contract regularly concluded. Therefore, if signs of tampering are noticed upon delivery of the package, we invite customers to “Accept with Reserve”.

Returns must be shipped in the packaging box originally 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 can choose whether to:

1) book a collection with Marchesani (additional costs will be applied, deducted from the refund);

2) ship with a courier of their choice.

The following are the shipping costs for the return with Booking of Collection managed by Marchesani, following the customer's request, foreseen for the following geographical areas:

ITALY/SAN MARINO:
Home Pickup: €10

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

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

Returns authorized by MARCHESANI S.P.A. must be shipped from the same country in 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 branch of the courier.
MARCHESANI S.P.A. reserves the right to refuse returns that have not been authorized or not sent in accordance with the return policy. In these cases, MARCHESANI S.P.A. may return the package to the sender at the original shipping address.

In the event of acceptance of an unauthorized or non-compliant return, MARCHESANI S.P.A. may withhold 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 in accordance with art. 59 Italian Consumer Code relating to:

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

b) the supply of goods that are likely to deteriorate or expire rapidly.

By way of example and not limited to, the following products are certainly excluded from the right of withdrawal:

– Some items in the Underwear/Lingerie section (where expressly indicated).

– Items in the Home&Beauty section.

– Christmas packages.

For each item to which the exclusion of withdrawal applies, Marchesani S.p.a. provides the consumer customer with specific information directly in the product sheet.
However, Marchesani S.p.a. reserves the right to accept the request for withdrawal even for goods excluded from this right, if at its sole discretion it deems it appropriate for justified reasons.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site and its contents (by way of example and not limited to: the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, graphics, colors, schemes, tools, characters and 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 the laws on intellectual and industrial property rights. Consequently, any type of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the Site, the trademarks and distinctive signs used by Marchesani is prohibited.

The brands and distinctive signs present on the Site that distinguish the products sold on www.filippomarchesani.com are the property of their respective owners and are used within the Site for the sole purpose of distinguishing, describing and advertising the goods for sale.

14. TERMS OF USE OF THE SITE

The Site www.filippomarchesani.com is managed by MARCHESANI S.P.A. - with registered office in Milan, Viale Andrea Doria, 5 - 20124, VAT number: 02385000696 (hereinafter, for brevity, "Marchesani").

Access to and navigation on the site www.filippomarchesani.com are governed by these Conditions of Use of the Site, so by accessing and browsing the site www.filippomarchesani.com users undertake to accept compliance with these Conditions.

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

Except for liability for willful misconduct and gross negligence, Marchesani assumes no liability for use of the Site and its contents that does not comply with the laws in force by the User, nor for the communication of incorrect, false or third-party information and data without their express consent.

Marchesani assumes no responsibility for malfunctions of the Site or for damages caused to the User by the use of the Site, which are not causally attributable to Marchesani itself.

Marchesani publishes information on its website in order to provide a service to users, but declines all responsibility for any technical inaccuracies and/or typographical errors. If reported, Marchesani will immediately make the corrections.

Marchesani offers no guarantee that the information published on its website complies with the laws of the jurisdiction competent for the user.

The website is a protected site according to international Internet standards, therefore the user's device cannot be affected by viruses during navigation if this occurs correctly. However, Marchesani declines all responsibility for any problems, damages, viruses or risks that the user may incur during improper use of the website and declines all responsibility for any anomalies in the functioning of the website due to the deactivation 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 modify the terms and conditions of use of the Site when 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 who operates on www.filippomarchesani.com for purposes other than entrepreneurial, commercial, artisanal or professional activity. In consideration of its commercial policy, Marchesani reserves the right not to follow up on orders from persons other than the "consumer" or in any case on orders that do not comply with its commercial policy.

In particular, to place orders on the site, Customers must: - be consumers - be 18 years of age - have the necessary requirements to be able to enter into legally binding contracts

- Have a valid POP e-mail address - have a valid credit card: Visa, American Express, MasterCard or a bank account. Only top-quality branded products are offered for sale on www.filippomarchesani.com.
The essential characteristics of the products are presented on www.filippomarchesani.com within each product sheet.

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 version will prevail.