GENERAL TERMS AND CONDITIONS OF SALE

Dear Customer,

These general terms and conditions (hereinafter the “General Terms and Conditions”) govern the sale of products under the Etro brand on the website www.etro.com (hereinafter, the “Site”) between the selling company, ETRO USA INC, 41 West  56th Street, New York, NY 10019  U.S.A (hereinafter the “Seller”) and customers purchasing Etro products on the Site.

The information contained in the order form is an integral part of these General Terms and Conditions. In sending the form, the user confirms to know and accept the General Terms and Conditions and any other information contained on the Site, including the terms and conditions of use and the privacy information regarding on-line purchases. Therefore, the Seller recommends that you read them carefully.

The Seller may revise and amend these General Terms and Conditions at any time. You will be subject to the General Terms and Conditions in force at the time that you order products from the Seller.

Purchases of products or services on sites other than the Site, even where accessible via hypertext links on the Site, are not governed by these General Terms and Conditions.

1. Who can buy on our Site

1.1 In order to contract with the Seller, you must be 18 years of age or over and an individual (a natural person) who is making a purchase on the Site for your personal use only (and not for any commercial or business purpose).

1.2 Seller retains the right to refuse any request made by you.  In the event Seller suspects that you do not meet the criteria set out in Section 1.1 (such as where the total sale amount of your purchase(s) or the volume of your purchase(s) suggests to Seller that your purchase is not for personal use), Seller may refuse any request made by you and/or may, but is not obliged to, request that you provide further information to verify your details. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card, or Paypal account (as applicable) used to place your order.

2. How a contract is concluded

2.1 By filling out the appropriate order form and submitting it to the Seller via the Site, you offer to purchase the products from the Seller under the conditions established in the order and these General Terms and Conditions.

2.2 The contract is considered concluded only upon confirmation of acceptance of the order by the Seller, which will be sent to you electronically, to the e-mail address provided on the order form. If the Seller

2.3 does not accept your order and funds have already been deducted from your account, the funds will be refunded.

2.4 To place an order, please follow the procedure below:

  • i) Carefully read these General Terms and Conditions available via a link in the order form, print a copy of them or save them on another medium. If you do not agree with any of the terms and conditions contained in these General Terms and Conditions, do not send an order to the Seller.
  • ii) To allow you to carefully consider your chosen purchase, the order form contains a summary of all relevant information: such information may include, the Seller’s identity; the main characteristics of the products ordered; the final sale price including all taxes and levies, methods of payment; delivery charges and methods; cancellation conditions and the times and means for returning products in the event of cancellation.
  • iii) Carefully complete all the required fields in the order form; in the event of an error, you can correct or modify the data entered at any time until the order is shipped.

2.5 All orders for products are subject to availability. In the event products ordered by you are no longer in stock, the Seller reserves the right to give you information about substitute products and value which you can order. If you do not wish to order such substitute products, the Seller will refund any monies that you might have paid for the relevant products.

2.6 The Seller reserves the right to withdraw any product from this Site at any time.

2.7 The Seller reserves the right to refuse orders received if:

  • i) the order is placed by someone other than the person identified in Article 1
  • ii) the order is incomplete or has been completed incorrectly;
  • iii) the shipping address provided in the order is not located in one of the Countries to which the Seller delivers or is located in a Country other than that of the Site through which the order was placed; or
  • iv) the products ordered are no longer available; in this case the Seller will notify you of the Seller’s inability to accept the order.

2.8 The Seller will not be liable to you or any other third party for any loss or damage in connection with any withdrawal of any products from the Site, or any refusal of any order.

2.9 The languages which may be used to conclude the contract are English.

2.10 Once the purchase has been made, the Seller will send you an e-mail containing a summary of all the relevant information specified in the order form.

2.11 You may check your order status in the appropriate section on the Site.

3. Product quality and guarantee

3.1 The Site sells only products under the Etro brand that meet our quality standards.

3.2 The main product characteristics are described in each product card. Remember, however, that the photographs and colors may differ from the product’s actual appearance for reasons related to the browser used or computer monitor. It is understood that in these cases, any dissimilarities cannot be considered a defect of the product ordered.

3.3 The Seller’s customer service department is available to provide you with information on the quality or characteristics of our products. You can contact it at the addresses provided in Article 8.

4. Payment

4.1 The prices of the products on sale on the Site are subject to change. Therefore, the Seller recommends that you carefully check the effective sale price on the order form along with the other information regarding the products you wish to purchase.

4.2 You may choose one of the payment methods indicated on the order form.

4.3 All prices are exclusive of shipping charges and sales tax. The total charge of the order is the price of the products ordered plus the delivery charge and sales tax. Applicable sales taxes and levies will be included in the total price as indicated in the confirmation phase of the purchase order.

4.4 In case of payment via credit/debit card, the amount indicated on the order form will be debited only when the products are transferred to the courier (delivery times and means are described in Article 5 below). In case of payment via Paypal, the entire amount will be debited when you confirm the order

4.5 It is important to the Seller to guarantee the security of Consumers’ online transactions when purchasing products from the Site; this is why the Seller sends your credit/debit card data (number, expiry date, security key) automatically via a secure protocol to the bank providing remote payment services, taking measures to prevent abusive or unauthorized access by third parties.

The Seller reserves the right to block the order or shipping in the event of suspicious transactions. Should this occur, the Seller will contact you to confirm the regularity of the transaction and continue the transaction. In the event this security procedure is activated, the delivery date of the products ordered may be later than originally indicated.

4.6 The Seller reminds you that the Seller may be required to use your credit/debit card data again even after payment should the Seller need to refund you for one of the cases indicated in these General Terms and Conditions or by law.

4.7 If the Seller discovers an error in the price of any products you have ordered, the Seller will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If the Seller is unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.

4.8 The Seller is not required to sell any product to you at the incorrect price.

5. Delivery

5.1 The products ordered are deemed to be delivered to the customer when they are handed over to the courier indicated in the purchase phase.

5.2 When you place your order, you authorize us to conclude, on your behalf, the shipping contract for the delivery of the products ordered to the address you indicate.

5.3 Final delivery to the location indicated by you is estimated at approximately 1-4 business days from the date the Seller accepts your order, except in cases of force majeure, unforeseeable circumstances and any other cause beyond the Seller’s control, in which case delivery will be automatically delayed by the number of days necessary.

5.4 The Seller will send you a confirmation e-mail when the Seller transfers the merchandise to the courier; this email will also include the invoice.

5.5 In no case will Seller be liable for any loss or damage in connection with any late delivery or non-delivery for reasons attributable to the courier.

5.6 The courier will attempt to deliver the merchandise to the address specified by you, without making an appointment. If no one is present at the specified address, the courier may return the next business day, and the next, for a maximum of three visits, including the first.

If no one is present on any of the three delivery attempts, the Seller may, at its exclusive discretion, decide whether to take back the shipped products, cancel the sale and refund the amounts paid, or contact you to agree to other forms of delivery (which may be subject to an additional charge to you). It is understood that the Seller is not liable for any cancelation of your order due to your absence.

The Seller also reserves the right not to process future transactions for customers having shown themselves to be unreliable for product receipt.

5.7 The products will be at your risk from the time of delivery pursuant to Article 5.1 above. Title to the products will only pass to you on the later of the date the Seller receives full payment of the amounts due for the products (including delivery charges) or the date you receive the products.

6. Right of cancellation (returns)

The Seller will provide a refund for any item you are not satisfied with provided that return it to us within 15 working days from the date you received the relevant item and you comply with the procedure set out in the Customer Care section of the Site and the requirements set out in Article 6.1 below.

6.1 To obtain a refund, you must:

  • (a) Ensure that all products are in the same condition in which they were received and that they have not been used; remember that all cards must be attached to the products.  Any product which is damaged or not in the same condition as you received it will not be refunded.
  • (b) Complete the return form in your order. 
  • (c) Prepare the package, inserting the return form and attaching the preprinted and prepaid UPS label to the original packaging. Be sure to cover the initial shipping address with the new label, otherwise you may not receive the relevant refund in the event of theft or loss during shipping
  • (d) Reserve package pickup: contact UPS by telephone or online, within 15 business days of the delivery date, to define the pickup date and address.

6.2 If all of the conditions above are satisfied, you will receive an e-mail confirming acceptance of your return and the Seller will refund the amounts paid. The Seller reminds you that it does not replace products, and that the Seller can return your product using the procedure described in Article 6.1 only from the country in which the order was placed.

6.3 If you fail to comply with the requirements set out in the Customer Care section of the Site or in Article 6.1 above, the Seller will notify you that the return has not been made correctly.  If, in the meantime, the products have been returned to us, you can ask that they be returned to you, with shipping costs charged to you; otherwise, the returned products and title in those products will remain with the Seller.

6.4 Refunds will be credited to your original method of payment.

7. Privacy and conditions of use of the Site

7.1 Protecting your data and respecting your privacy are a priority for us. The means and purpose of the processing of your data and information are described in our Privacy Policy available here. They are also stated in the order form and attached to the order acceptance e-mail. In sending your order to the Seller, you state that you have read and accept its contents.

7.2 Use of the Site is governed by the Terms of Use and Privacy Policy, accessible via the Site.

8. Customer service

8.1 For information requests, complaints or suggestions, contact our customer service department at customercareus@etro.com, or write to Etro USA Inc E-Commerce, 720 Madison Ave, New York, NY 10065, USA.

9. LIABILITY AND DISCLAIMERS

IN NO EVENT WILL THE SELLER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS ADVERTISED ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE SELLER’S AGGREGATE LIABILITY IN CONNECTION WITH ANY PRODUCT PURCHASED THROUGH THE SITE IS AT All TIMES STRICTLY LIMITED TO THE PURCHASE PRICE OF THAT PRODUCT.

WHERE ANY LAW IMPLIES IN THIS AGREEMENT ANY TERM, AND THAT LAW VOIDS OR PROHIBITS PROVISIONS WHICH EXCLUDE OR MODIFY THE OPERATION OF SUCH TERM, THEN THE TERM IS TAKEN TO BE INCLUDED IN THIS AGREEMENT. HOWEVER, THE SELLER’S LIABILITY FOR BREACH OF SUCH TERM WILL BE, IF PERMITTED BY LAW, LIMITED TO ONE OF THE FOLLOWING REMEDIES (AT THE SELLER’S OPTION): (1) IN THE CASE OF SERVICES: THE RESUPPLY OF THE SERVICES; OR THE PAYMENT OF THE COST OF RESUPPLY; AND (2) IN THE CASE OF GOODS: THE REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS (OR OF ACQUIRING EQUIVALENT GOODS), OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. GENERAL CLAUSES

10.1 If any term or condition of this agreement is invalid, illegal, null or unenforceable under local law, said invalidity, illegality, nullity or unenforceability will not affect the other valid, legal, effective and enforceable terms or conditions, which remain valid and enforceable between the parties. 

10.2 The Seller reserves the right not to sell its products to certain specifically selected buyers, for example for purchases made by subjects who the Seller, at its own discretion, considers to be abusing or have abused the online sale services.

The Seller reserves this right to prevent abuse and it will not be used to discriminate on the basis of sex, race, language, religion, political opinion, or personal or social conditions.

10.3 The Terms of Use, the Privacy Policy, these General Terms and Conditions and any terms and conditions set out in the order confirmation that the Seller provides to you constitute the sole and entire agreement between you and the Seller with respect to any product purchased by you via the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same subject matter.

11. Applicable law and jurisdiction

11.1 All matters relating to the Site and these General Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of New York, without giving effect to any choice or conflict of law provision or rule (whether of the state of New York or any other jurisdiction). 

11.2 Any legal suit, action or proceeding arising out of, or related to, these General Terms and Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the state of New York in each case located in the state of New York, although the Seller retains the right to bring any suit, action or proceeding against you for breach of these General Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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