General Terms and Conditions
1. General Information
1.1 Products offered for sale (hereinafter the “Products”) through our website www.trunkshow.ferragamo.com (hereinafter the “Website”) are governed by these general terms and conditions of sale (the “Terms”).
1.2 S-Fer International, Inc. (hereinafter “Ferragamo”) reserves the right to apply specific contractual estimations (the “Specific Estimations”) to any order (hereinafter “Order” or “Orders”). In such case, the contractual conditions applicable to an Order will be both the Terms and the Specific Estimations, which are intended to be independent and separate contracts from each other.
1.3 The Products are directly sold by Ferragamo.
1.4 Ferragamo is incorporated under the laws of the State of New York with a principal office located at 663 Fifth Avenue, New York, NY 10022.
2. Trade Policy
2.1. The Products are only intended for sale to individuals who are end-user consumers (hereinafter “Customers”). Customers include the individual adult who acts for purposes not related to trade, business or professional activity.
2.2 Ferragamo reserves the right not to accept Orders from those who are not “Customers.”
2.3 At any time Ferragamo may modify or amend these Terms. Customer will be subject to the Terms in effect at the time their Order is submitted.
2.4 Orders may be for one or more Products, subject to the right of Ferragamo to set a maximum quantity that may be ordered by a Customer in any one Order for certain categories of Products.
2.5 Orders from countries not included among those displayed in the delivery addresses definition page will not be accepted.
2.6 No Product will be sent for delivery or distributed to an address containing a PO Box or if it is not possible for Ferragamo to identify the individual receiving the Order or its private address.
2.7 All notices which are to be sent out via e-mail pursuant to the Terms, will be sent to the e-mail address provided by Customer at the time Customer registers with the Website.
3. Purchase Conditions
3.1 Each Product offered for sale can be selected through a dedicated web frame that will display the photo, the unit price, and the colors and sizes available (where applicable). Applicable sales tax will be displayed at checkout.
3.2 Some products may be displayed on the Website for promotional reasons only and not for sale. Such products are not for sale and may not be purchased.
3.3 Images and colors of Products offered, in some cases may be different than they appear on the Website because of the technical characteristics and resolution of equipment and software used by the Customer. Images and colors, then, must be considered only as indicative, and Customers are responsible for verifying whether the Product matches their expectations with respect to color and texture. Ferragamo will not be responsible for any inappropriate images or colors of Products due to the technical characteristics of equipment and software used by a Customer.
3.4 To complete any Orders for the Products selected, the Customer will have to follow the instructions and procedures provided on the Website.
3.5 The Customer is responsible for checking the accuracy of the contents of each Order it places before confirming the Order and the Customer is responsible for filling in the purchase form according to the instructions provided on the corresponding page of the Website. Before completing each Order, Customer will be asked to confirm that Customer carefully read and accepts the Terms and any Specific Estimations. In case of non-acceptance by Customer of the Terms and any Specific Estimations, the Order will not be completed.
3.6 If the Customer wants to make changes or corrections to the Order after confirmation, Customer must contact Customer Care Service (“Customer Care Service”) at the number displayed in the “Contacts” section of the Website. A confirmed Order cannot be further modified or cancelled, except as may be expressly provided by the Terms, Specific Estimations or otherwise provided by applicable law. Customer can check an Order status at any time by entering the Customer restricted area on the Website or by contacting Customer Service.
3.7 As soon as Customer submits an Order, it is recommended that Customer download and save or print the Terms prevailing at the time of submission and any Specific Estimations applicable to the Order. Customer will also receive an e-mail confirmation (“Email”) of a received Order containing a summary of information already contained in the order form (i.e. Customer data, shipping method and address, information about each Product purchased, as well as detail of price and delivery rate (the “Data”)). To protect the security and privacy of Customer, the Email does not contain the Data, but provides a link that will grant a more secure download of the Data.
4. Availability and Delivery
4.1 Customer acknowledges that stocks of Products offered on the Website are limited.
4.2 Occasionally, some Products may be unavailable and Customer will be placed on a waitlist. In such instance, Ferragamo will notify Customer if the Product becomes available. If a Product from the Order is unavailable then the Order will be fulfilled based on the available Product.
4.3 Customer acknowledges that when an Order is sent to the internal unit of Ferragamo responsible for fulfilling such Order, an Email will be sent to Customer. Sometimes this Email will be substituted by shipping notice. Ferragamo will send an e-mail to Customer when the parcel containing the ordered Products leaves the warehouse. However, delivery times are not guaranteed and are only estimates.
4.4 Because of the “pre-sale” nature of the transaction on our Website, please allow a minimum of eight (8) weeks for order fulfillment. Ferragamo will not be liable for, nor indemnify Customer from, any claims, losses, or expenses resulting from Ferragamo not shipping an Order within any certain timeframes.
4.5 Customer may contact Customer Care Service for assistance with any matter relating to delivery.
5. Prices and Payment
5.1 The prices of Products offered on the Website include applicable sales tax at checkout.
5.2 The prices are quoted in U.S. Dollars
5.3 The total price for each Order will also contain the shipping costs calculated as specified in Article 6 of these Terms.
5.4 Ferragamo reserves the right to change prices of Products offered at any time and without notice. The prices published on the Website at the time an Order is confirmed are the prices that will be applied to such Order.
5.5 No payment is required at the time of Order placement. Ferragamo will notify Customer once Product is available for shipment and will then obtain credit card information for Payment processing. Payment can be made only by credit card. Credit card transactions will be governed by the specific credit card provider’s rules.
5.6 Successful completion of each Order will take place only after verification of Customer’s credit card data and after the authorization to carry out the charge for the Order on such credit card. Customer’s credit card will be charged only after the Order is shipped.
6. Shipment Rates
6.1 Shipment costs will be charged to the Customer in a sum as listed below. There will be a Delivery and Processing Charge (“D&P”) for internet order processing, item selection, packaging, processing, transport and handling. Delivery times are not guaranteed, but our best approximation. D&P is subject to change and will be determined at time of order and subject to the following: Orders will be shipped using FEDEX delivery service. Orders are processed and delivered Monday through Friday, excluding holidays. At this time, Ferragamo only delivers within the continental United States, Hawaii and Alaska. In addition, Ferragamo will not process an order where a P.O. box or APO/FPO is given as the delivery address.
Unless an expedited service is requested, your Order should arrive in approximately 5-7 business days after it has shipped.
If requested, add $10.00 to standard D&P. Your order should arrive in approximately 2 business days after shipped, if ordered by 12:00 noon (EST). Please note that two-day orders placed after 12:00 noon (EST) Friday, or on Saturday or Sunday will be processed Monday and should arrive in 2 business days after shipping.
Next day delivery
If requested, add $20.00 to standard D&P. Your order should arrive the next business day after shipped, if ordered by 12:00 noon (EST). Please note that overnight orders placed after 12:00 noon (EST) Friday, or on Saturday or Sunday will be processed Monday and should arrive the next business day after shipped.
Mainland U.S.: “Standard” delivery Complimentary “Two-day” delivery $25.00 “Next day” delivery $35.00 “Returned Products” No charge as long as our mailing label is used and return procedure followed Alaska & Hawaii: “Standard” delivery Not available “Two-day” delivery $25.00 “Next day” delivery $35.00 “Returned Products” No charge as long as our mailing label is used and return procedure followed
6.2 Shipment cost will be displayed, along with other costs related to the purchase, at the end of the order form prior to confirmation of the Order.
7.1 Customer shall check the Products immediately upon delivery to determine compliance with the Order.
7.2 Customer should describe any defects (i.e. packaging shows evidence of tampering, damaged Product, missing Products or items, or Products different than those ordered and/or indicated in the shipment document) in writing directly on the delivery document to be signed by Customer.
7.3 If one or Products delivered are different from the ones ordered, or are damaged, Customer must promptly inform Ferragamo by contacting Customer Care Service, except if such defects are described in the delivery document as provided in paragraph 7.2. In such instance:
- Customer’s remedies are limited to (i) returning the Product and requesting a replacement Product, (ii) accepting the defective Product, or (iii) if a replacement Product is not available, returning the Order in whole or in part. Customer has no right to any other compensation or remedy, subject to any mandatory provisions of applicable law.
- If Customer elects to return the Product, Customer Care Service will provide Customer with a return reason code that shall be entered on the “return form” included in the packaging in order to complete the return. The Customer will not be charged the shipping costs for any replacement Products, provided they use Ferragamo’s preferred shipper, FedEx.
7.4 In the case of returns, Customer must carefully follow the return procedures established by Ferragamo. Ferragamo advises Customers to contact Customer Care Service for guidance and to ship any returns via FedEx. While FedEx is recommended, Customer is free to choose any other courier service at the Customer’s expense.
8. Product Returns
8.1 Customer has the right to return Product(s) from its Order, with no penalty and no requirement to specify a reason, by returning the Products it received to Ferragamo within thirty (30) days from the date such Products were delivered.
8.2 Customer may return part or all of an Order, subject to paragraph 8.1.
8.3 In connection with returning Products, the Customer must use the return form enclosed in the packaging.
8.4 Customer acknowledges that:
Customer is responsible for and assumes all risks relating to shipment, including delays; and Customer is not responsible for shipping expenses related to returning such Products provided that Ferragamo return procedures are followed. 8.5 Customers are advised to utilize FedEx (information will be in the package received by Customer) for returning Products. However, Customer may elect to choose to use any courier service at the Customer’s expense.
8.6 In addition to paragraphs 8.1 and 8.3, to be a valid and effective return, the following conditions must be met:
the return form must be correctly filled in and enclosed with the returned Product or Products;
products must be returned in original condition and in the original packaging; and
if applicable, all tags must still be attached to any returned Product.
All returns are subject to Ferragamo’s verification that returned Products are still in original condition.
8.7 If a returned is made in accordance with all the above conditions, Ferragamo will refund Customer with the sum already paid by credit card as soon as possible, and in any event, within thirty (30) days starting from the time that Ferragamo receives and inspects the Customer’s returned Products. The sums shall be deemed refunded when actually credited in original form of payment not later than the above-mentioned deadline.
8.8 Ferragamo will only accept in the manner described above returns or replacement or refund requests solely for Products that were purchased from the Website.
9. Product Liability
9.1 FERRAGAMO DOES NOT MAKE ANY WARRANTIES, guarantees or representations, express or implied, INCLUDING WITHOUT LIMITATION AN IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY CUSTOMER, WITH RESPECT TO ANY PRODUCT. Ferragamo shall not be responsible to Customer or to any subsequent user or users for any damage, loss or claim, whether direct, indirect or consequential, whether for injury to property or person, in any matter whatsoever and Customer hereby waives any and all such claims on its behalf and on the behalf of any person or party to whom it transfers the Products.
9.2 In the event any Product does not conform to the Order, Customer’s remedies shall be limited to the remedies described in paragraph 7.3. Under no circumstances shall Ferragamo be liable for claims for any damages, whether direct, immediate, foreseeable, incidental, consequential or special or for any expenses or incurred by reason of the use or misuse, sale or fabrication of products which do not conform to the terms and conditions of the Order.
10. Applicable Law and Disputes
10.1 These Terms and any Specific Estimations are ruled by the law of the State of New York.
10.2 In the event any dispute shall arise related to the Terms, any Specific Estimation, or any Order, such dispute shall be submitted to arbitration in New York. Any arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the Terms, any Specific Estimation or any Order shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise
For any further information, assistance or complaints, Customers may send an e-mail to: email@example.com or contact Salvatore Ferragamo, 663 Fifth Avenue, New York, NY 10022, Attention: Marketing or contact Customer Care Service.
1. The Information Ferragamo Collects
You may be asked to provide personally identifiable information at various times and places on this Site. In some cases, if you choose not to provide us with the requested information, you may not be able to access all of this Site or participate in all of its features.
We receive and store any personally identifiable information you enter on the Site, that we receive whenever you shop with Ferragamo online or in stores, or that you provide to us in any other way, such as email, phone or text. By way of example, we may collect the following personally identifiable information: your name, address, telephone number, mobile telephone number, driver’s license number, birth date, and email address. If you use a credit card, we will also include your account number.
From time to time in connection with surveys, sweepstakes or promotions, we may ask for additional information such as designer or product preferences, interests, and your age.
When you visit this Site, we automatically collect anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our Site design, customer service, and promotions.
2. How Ferragamo Uses the Information it Collects
Personal data collected is used for the following purposes:
a). to fulfill your requests for services
b). to complete your purchase orders
c). to provide, maintain and improve our customer service
d). to fulfill any legal obligations such as those relating to accounting, tax, or otherwise required by the court
e). to offer products, newsletters, catalogues and brochures, or invitations to events that might be of interest to you
f). to keep you apprised of the status of your orders
g). to identify your product and service preferences, in order to notify you of new or additional products, services or promotions that might be of interest to you
3. Others with Whom Ferragamo Shares Your Information
Processing of your personal data is carried out by internal staff of Ferragamo and may be shared among all Ferragamo entities. At times, collected data may be provided to a third party that assists us with the products and services we offer. For example, we may work with an outside company to (i) manage databases of customer information, (ii) assist in distributing emails, (iii) assist with data collection and marketing, (iv) provide storage and analysis, (v) provide fraud prevention, and (vi) other third party service providers that maximize our business. These third parties are required to keep confidential all information we share with them and to use the information provided only to perform their obligations under agreements with us
We may provide access to information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Site, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this Site or the public.
4. Your Choices Regarding Communications from Ferragamo
We offer choices about the type of information you receive from us. If you prefer not to receive catalogs or mail updates from Ferragamo, please contact us at Salvatore Ferragamo, 663 Fifth Avenue, New York, NY 10022 Attention: Marketing or by calling Customer Care Service at the number displayed in the “Contacts” section of the Site and include your name and address and state one of the following:
NO MAIL OFFERS
NO PHONE OFFERS
NO PHONE OR MAIL OFFERS
You can also opt out of email communications from us by clicking on the unsubscribe link contained in the email.
Because customer lists are often prepared well in advance of an offering, you may continue to receive some offers after you send us a request to not use your information for marketing purposes. We appreciate your patience in giving us time to carry out your request.
Please note that we do not offer an opt out from sharing your nonpublic personally identifiable information about you among the Ferragamo entities.
5. California Privacy Rights
Under California Civil Code sections 1798.83 – 1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Ferragamo shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Salvatore Ferragamo, 663 Fifth Avenue, New York, NY 10022, Attention: Marketing or by calling Customer Care Service at the number displayed in the “Contacts” section of the Site. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow thirty (30) days for a response.
6. Cookies, IP Addresses, Pixel Tags & Tracking Technology
A cookie is a small data file stored in your hard drive and allows us to identify which content is of most interest to you. Using cookies we can identify your computer (but not who is using it) upon first accessing the Site, and associate the identification numbers in the cookie with other customer information you have provided us. That information is stored on our secure database. Cookies will remain on the hard drive until user deletes it.
You can also choose not to accept cookies, but this may make it harder to access certain areas of the Site. Cookies can be disabled from your browser if you so choose. More information specific to your browser can be found under your browser’s "help" menu.
The Company uses the IP addresses of visitors to the Site to analyze, aggregate and analyze the traffic using the Site and therefore the number of visitors to the Site itself.
When you visit our Site or read an email from us, we may use pixel tags (also called "clear gifs") that collect the IP address of the computer opening our page, the URL of the page it is on, the time the page was visited, and the type of browser used, and also notes a cookie value previously entered. You may elect to disable pixel tags on your computer by selecting this preference in your web browser. However, it is possible that this will limit your ability to access or use certain features of the Site.
These data are used only to obtain anonymous statistical information on the Site, most frequently visited pages, and to check its proper functioning.
We work continuously to make your experience on our Site an enjoyable one. For this reason we use commercially reasonable technologies to manage and implement the Site, including systems abovementioned. For any further information about these systems, please do not hesitate to contact the following e-mail: firstname.lastname@example.org.
7. Children’s Privacy
Protecting children’s privacy is important to Ferragamo. Our Site is a general audience site. We do not collect or maintain information from those we actually know are under 13 years of age, and no part of our Site is targeted to attract anyone under 13 years of age. We also do not send email correspondence to anyone who tells us that they are under the age of 13 without their parent’s consent.
We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the internet.
8. Links to other Sites
This Site may contain links to other websites. Ferragamo is not responsible for the availability of, or any content or material contained in, or obtained through any such sites. A link between the Site and another website does not mean that Ferragamo endorses that website. You should use your independent judgment regarding any interactions and communications with any other website.
9. Accessing Your Information
If you are a registered user of the Site, you can update your information (name, address, telephone number and email address) in the “Your Information” section of the “Member’s Area” of the Site, or by contacting us at Salvatore Ferragamo, 663 Fifth Avenue, New York, NY 10022 Attention: Marketing or by calling Customer Care Service at the number displayed in the “Contacts” section of the Site. If you have questions about your order, you may check order status by contacting us at the above address or on the Site in the “Your Order” section of the Site.
10. The Information Ferragamo Collects
It is our intent to protect against the loss, misuse or alteration of information that we have collected from you or received from a partner. We use a variety of current technologies and processes for protection of our customer data. Please note, however, that while we implement many security measures on this Site, 100% security cannot be guaranteed.
1. S-Fer International, Inc. and its affiliates (hereinafter "Ferragamo") thank you for visiting this website (hereinafter "Site"). Site access and usage of its content are subject to the following terms and conditions on property and copyrights, and any other terms and conditions that may appear on the Site (hereinafter "Terms"). When you access and browse the Site, you are automatically agreeing that both your access to the Site and your use of it are subject to the Terms.
2. All information, photographic material, products and all other material (whether it is images, photographs, texts, videos, logos, audio clips, digital downloads, button icons, or any creative expression) (hereinafter "Materials"), individually and as compiled, and all software contained on the Site is the property of Ferragamo or its suppliers and are protected by United States and international copyright laws.
3. The trademarks "Salvatore Ferragamo", "Ferragamo", "Museo Salvatore Ferragamo," the logos "Salvatore Ferragamo" and "Museo Salvatore Ferragamo," and all other graphic and/or figurative trademarks or trade dress of Ferragamo (including logos, graphics, page headers, button icons, scripts and service names of products, services and programs) are the property Ferragamo and the reproduction, distribution, publication, transmission, modification in whole or in part, and the sale by any person, for commercial, professional or personal use, is expressly forbidden without our prior written consent.
4. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ferragamo.
5. You have permission to electronically copy and print hard copies of pages from the Site solely for personal, non-commercial use related to placing an order or shopping on the Site. Unless you have received from Ferragamo prior written permission, it is expressly forbidden for you to use this Site, its content and information, including by any linking or framing, for any other purpose.
6. The Site may contain typographical mistakes, inaccuracies, or omissions, which may relate to pricing and availability, and some information may not be complete or current. Ferragamo reserves the right to correct any errors, inaccuracies or omissions and to change or update any information, images, products or software applications at any time without prior notice.
7. Ferragamo makes no representations or warranties of any kind, whether express or implied, with respect to the Site, its content, or the information available on or through it. All of the foregoing is provided “as is” with all faults. Except as otherwise provided under applicable law, Ferragamo will not be liable for any losses, costs or damages, whether direct, indirect, consequential, special, punitive, or other damages, including lost profits, business interruption or loss of data, arising out of or related to the use of the Site or any other site linked to it, even if we are notified in advance of the potential for any such damages.
8. This Site may contain links to other websites. Ferragamo is not responsible for the availability of, or any content or material contained in, or obtained through any such sites. A link between the Site and another website does not mean that Ferragamo endorses that website. You should use your independent judgment regarding any interactions and communications with any other website.
9. Ferragamo does not want to receive confidential, proprietary or trade secret information through the Site, except for information necessary to complete a purchase by you. All images, photographs, texts, videos, information, materials, suggestions, ideas, comments or any other creative expression sent to Ferragamo will be deemed non-confidential. By sending Ferragamo such materials or information you grant Ferragamo an irrevocable and unrestricted license to use, modify, reproduce, transmit, publish, distribute and display such item for any purpose without compensation to you. Your name and other personal data information (i.e. address, e-mail address) will not be displayed unless Ferragamo is required by law to disclose such information, or Ferragamo obtains your prior consent.
10. Ferragamo has the right but not the duty to monitor and edit or remove any comments or product reviews (“Comments”) posted on this Site. You are solely responsible for the Comments you post on or through this Site, for their accuracy, and for any consequences of submitting and posting the Comments. Ferragamo does not make any representation or warranty regarding any Comments, and we do not endorse and are not responsible for any information, opinion or content of the Comments and specifically disclaim any liability in connection therewith. You acknowledge that the use of any Comments is at your own risk. You also further agree that your Comments will not violate any rights of any third party, including any proprietary right, and that your Comments will not contain any unlawful or obscene material or any virus or malware that could affect the operation of the Site.
11. These Terms and any dispute that may arise between you and Ferragamo shall be governed by the laws of the State of New York, without regard to principles of conflict of laws. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, each of which shall remain in full force and effect.
12. In the event any dispute shall arise related to the Terms, such dispute shall be submitted to arbitration in New York. Any arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the Terms shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.