Furla Terms & Conditions
GENERAL CONDITIONS OF SALE
1. Scope
1.1 These general conditions of sale (the “General Conditions”) shall apply to all sales concluded through the Website (as defined below) – by the methods described below – between Furla (U.S.A.) Inc., with registered office at 530 7th Avenue, Floor M1, New York, NY 10018 (“Furla” or the “Company”) and the customer making the purchase (the “Customer”).
Furla and the Customer are hereinafter jointly referred to as the “Parties” and individually as a “Party”. Each sale will be deemed to be a separate sales agreement between the Parties.
1.2 The Customer is required to read carefully and accept these General Conditions. By making a purchase through the Website, the Customer accepts, and agrees to comply with, these General Conditions. If the General Conditions are not accepted by the Customer, the Customer is not permitted to make a purchase through the Website. The General Conditions are freely downloadable and printable from the web page they are displayed on. Accordingly, the Customer is asked to print and save a copy of the General Conditions for future consultation or to request a copy in store.
1.3 The General Conditions do not govern the provision of services from, or the sale of products by, entities other than Furla, even if those services or products are linked to from the Website.
1.4 For information on the processing by Furla of the Customer’s personal data, Furla’s privacy policy may be consulted by clicking here.
1.5 Furla can always be contacted at the following phone number +1 (855) 395-7869.
2. Sales Channels
1.1 The General Conditions govern the methods by which the Company sells “Furla” branded products (the “Products”) through the e-commerce, available at www.furla.com (the “Website”);
1.2 The purchase of the Products through the Website is strictly reserved for persons who:
i. at the time of purchase are located within the territory of United States of America (the “Territory”) or who, although not located within the territory, purchase Products for delivery within the Territory;
ii. have legal capacity and have attained the age of majority in their country of residence; and
iii. purchase the Products for personal use and not for export, or resale or other business, commercial, entrepreneurial or professional purposes.
1.3 Furla shall not accept and/or process orders from channels other than the Website or from persons who do not meet the requirements indicated in the preceding paragraph.
3. Conclusion of a purchase agreement
1.1 The submission of an order by Customer through the functionality of the Website (the “Order”) constitutes acceptance of Furla’s offer to the public through its Website, and therefore the receipt of the Order by the Company executes a binding purchase agreement for the Products selected by Customer, which shall be fully governed by these General Conditions (the “Purchase Agreement”).
1.2 Before submitting the Order, the Customer must review the Order information to verify that the selected Products and all the data provided by the Customer are correct (for example, the Customer may change the quantity of Products to be purchased by adding or deleting one or more of them from the “shopping cart”), and confirm the accuracy of the Order, acknowledge the Customer’s obligation to pay amounts due for the Order by checking the appropriate box.
1.3 Once an Order has been received by the Company, the Company will send the Customer an email confirming receipt of the Order (at the latest, within 3 days of receipt) with the Products, quantities and other details of the Order that has been placed (“Order Confirmation”). Subsequently, the Company will confirm to the Customer that the Order is being shipped (“Shipment Confirmation”), with different timescales depending on the type of shipment selected by the Customer.
1.4 The Customer must keep the Order number indicated on the Order Confirmation in order to access the support service and for any other communication with the Company.
4. Product availability
1. 1 The Customer may purchase a maximum number of 5 (five) items per Product and a maximum number of 5 (five) different Products in a single Order. Accordingly, each Order may contain a maximum of 25 (twenty-five) Products, subject to availability of stock. All information about the Product will be available on the Product page on the Website.
1.2 Furla constantly monitors and updates the stock availability of Products displayed on the Website or at Furla-owned retail stores (“Points of Sale”). However, since the Website may be visited by several Customers at the same time, it may be the case that several Customers intend to purchase or actually purchase the same Product at the same time. In such cases, the Product may, for a short period of time, be indicated as available, but may in fact be out of stock or no longer available. If a Product becomes unavailable for the reasons indicated above, or in other cases of unavailability, Furla may (including after an Order Confirmation has been sent), contact the Customer using the contact details provided.
1.3 In the case described in art. 4.2 above, the Order will be cancelled with respect to the Product not available and the corresponding price shall be reimbursed to the Customer.
5. Purchasing Procedures
Purchase through the Website
1.1 In order to purchase a Product through the Website, the Customer can create and/or access their account via the reserved area on the Website, or place an Order as a guest, without creating an account. When making a “guest” purchase, the Customer must correctly fill out the fields of the relevant form on the Website, entering all the information required in order to execute the Purchase Agreement. Required information includes, without limitation, name, surname, billing and delivery addresses, email address and telephone number.
1.2 A description and the essential characteristics of Products, including price, maximum number of Products that can be purchased, taxes, charges and transportation costs (where applicable), details and composition, fit, colours and colours description (e.g., reflection and nuances), measures and sizes (where applicable) and other information aimed at describing the Product are presented on the Website and/or in the shopping chart within each Product specification, together with one or more photographic images in digital format. Although Furla makes reasonable efforts to ensure that photographs displayed on the Website are faithful reproductions of the original Products, the images and colours of Products offered for sale on the Website may not be a perfect representation of the real characteristics of the Product, due to the browser and/or other devices used to access the Website. Furla is not therefore responsible for any inadequacy of the graphic representations of Products displayed on the Website.
1.3 Furla reserves the right to remove any Product from the Website at any time and/or delete or modify any material or content on the Website. Furla therefore disclaims any liability to Customers or third parties for the removal of any Products from the Website.
1.4 To place an Order, the Customer selects the Products of interest displayed on the Website and places them in the virtual shopping cart (the “Shopping Cart”).
1.5 Before completing the purchase, the Customer must verify the accuracy of the contents of the Shopping Cart (as described above), enter any promotional code valid for the Website in the relevant section and accept the General Conditions. The promotional code – if valid – will be immediately applied to the amount displayed in the Shopping Cart. The Customer will then be asked to select the payment method, indicate the billing address, and specify the shipping address, if different from the billing address.
6. Price and payment method
1.1 The price of the Products (the “Price”) in US Dollars, as indicated on the Website, is net of any applicable state sale taxes and charges as well as shipping costs, which will be added to the Price at the moment of check-out and indicated separately in the Order form. 2
1.2 Furla reserves the right to change the Price at any time and without prior notice. It is understood that a change in the Price of a Product does not affect Orders already placed.
1.3 The payment methods for all amounts payable by the Customer are set forth below. Payment methods without specific countries are available for use in all countries served by Furla. Other payment methods are available only in the countries specified in parentheticals.
i) credit card [American Express, Diners Club, Discover, JCB, Mastercard, Visa];
ii) Paypal, Amazon Pay, Alipay, WeChat Pay, Klarna (EMEA, US, AUS), Afterpay (US, AUS); and
iii) the “Pay by Link” (or PBL) service offered by a third-party supplier.
1.4 During the payment process, banks or other payment providers may require additional authentication of the payment (i.a. “Verified by Visa”, “MasterCard Secure Code”, AMEX SafeKey”). Under no circumstances may Furla be held liable for payment errors occurring with a third-party payment service, including as a result of the absence of a Customer connection to data services, or for direct and/or indirect damage suffered by the Customer for any reason as a result of any suspension and/or interruption in the functioning of the banking institution’s or payment provider’s technology (including cyber-attacks).
1.5 Should it be impossible for any reason to charge the amount due by the Customer, the purchase process will be automatically cancelled and the Order will not be sent to Furla. Following any failure to conclude the Purchase Agreement, Furla shall have no obligation to deliver any Products to the Customer and the Customer shall not be entitled to claim payment of any indemnity and/or damages.
1.6 This Clause 6.6 does not apply to residents of the US. Any VAT exemptions and/or VAT rate reductions will only be applied if supported by adequate and complete documentation (for example, in order to benefit from a VAT exemption, diplomatic staff must provide a copy of a valid identity document and a declaration issued by the local government authority certifying their status of diplomat; for the purposes of VAT reimbursement, non-EU Customers must provide a copy of a valid identity document determining their place of residence outside the European Union). To this end, the Customer shall send the VAT claim to Furla, together with a copy of the said documents, within 3 (three) months of receipt of the Order Confirmation.
1.7 This Clause 6.7 does not apply to residents of the US. A tax receipt for the purchase shall be sent to the Customer by email. If requested by the Customer, Furla will issue an invoice on the basis of details provided by the Customer. Once issued, the invoice will no longer be modifiable and will be sent to the Customer by email.
7. Shipping and collection
1.1 Products purchased via the Website will be delivered to the Customer by shipment to the delivery address indicated by the Customer in the Order.
1.2 Products will be delivered within 2 to 4 working days after Shipment Confirmation, without additional costs beyond those specified in the Order form.
Further information on costs and delivery times is available here.
1.3 Furla reserves the right not to deliver Products to addresses that Furla knows or reasonably assumes that correspond to: (i) post office boxes; (ii) public or hotel facilities, airports and/or ports; or (iii) natural persons and/or legal entities providing shipping services outside the Territory.
1.4 While the delivery times indicated above are purely indicative, all deliveries shall be made within 30 (thirty) business days of the conclusion of the Purchase Agreement (i.e. excluding weekends and local and national public holidays). After receiving the Shipment Confirmation, the Customer will be able to monitor the shipment’s status from the reserved area on the Website and/or via the shipment tracking code provided in the Shipment Confirmation.
1.5 When the courier delivers the Products, the Customer (or her/his representative, or another person designated by the Customer) must verify: (i) the accuracy of the details addressee’s details on the delivery receipt; and (ii) the integrity of the Product’s packaging and seals.
1.6 Orders consisting of more than one Product may be the subject of several shipments.
8. Risk and ownership
1.1 Ownership of the Products will be transferred to the Customer only upon payment of the Price plus taxes and shipping costs, while the risk of loss or damage of the Products shall be borne by Furla or the courier until the Products are delivered.
9. Warranty
1.1 Products purchased through the Website are covered by a limited warranty that the Products are free from material defects and the Products materially conform with the specifications in the Product information (the “Warranty”).
1.2 Without prejudice to the provisions of Article 5.2 above, Furla undertakes to deliver to the Customer Products that are in conformity with the Warranty. Where Products breaches the Warranty, the Customer must notify Furla promptly after becoming aware of the situation – within the terms of the Warranty – by completing the appropriate form (available here). No notification is required if Furla has acknowledged in writing the existence of the defect. If a Product breaches the Warranty, the Customer's sole and exclusive remedies, and Furla’s sole liability for such breach, set forth in this Section 9.
1.3 Unless proven otherwise, defects that become apparent within 24 (twenty four) months of the date of delivery of the Product shall be presumed to have already existed on the date of delivery of the Product, unless such a presumption is incompatible with the nature of the goods or the defect.
1.4 The Warranty is valid for 2 (two) years as of the date of delivery of the Product.
1.5 If Furla ascertains that the Product is materially defective or non-compliant with the specifications in the Product information, the Customer shall be entitled to have the defect fixed or the Product rendered materially compliant by requesting, free of charge, the repair or replacement of the Product, unless the remedy sought is objectively impossible or excessively onerous (taking into account the value of the goods and the extent of the defect or non-compliance). Furla will repair or replace the Product that fails to meet the Warranty within a reasonable time.
1.6 Where repair or replacement of the Product is impossible or excessively onerous, the Customer may request a reasonable reduction in the Price or terminate the Purchase Agreement and receive a refund of the Price. Further statutory rights remain unaffected for the Customer.
1.7 Furla shall bear the cost of returning defective and/or non-compliant Products for repair or replacement in accordance with this clause, and the cost of delivery of the repaired or replacement Product to Customer.
1.8 “Furla” branded watches are subject to special conformity warranty conditions, which can be consulted here.
10. Force majeure
1.1 The Parties shall not be liable for any failure or delay in the performance of any of its obligations under the Purchase Agreement and/or these General Conditions caused by events beyond its reasonable control, such as – but not limited to – strikes, lockouts or other industrial actions, civil insurrection, invasion, terrorist attack (including threatened attack), wars (whether declared or not) or threats of war, fire, explosion, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters, inability to use railways, maritime transport, aircraft, motor transport or other public or private means of transport, delays of common carriers, acts of third-parties, the impossibility of using public or private telecommunications networks, acts, decrees, rules, regulations or limitations imposed by governments and/or public authorities (“Force Majeure”).
1.2 In the event of Force Majeure, Furla’s obligations under the General Terms may be suspended for the entire duration of the cause of Force Majeure. Furla undertakes to inform the Customer of the occurrence of an event of Force Majeure without undue delay and in all cases within 14 (fourteen) days of its occurrence. This provision applies without prejudice, in all cases, to the Customer’s right of return pursuant to Article 11 below.
11. Returns
1.1 Without prejudice to the warranty under Article 9 above, the Customer may elect to terminate the Purchase Agreement and return a Product to receive a refund of the Price, without penalty and without giving any reason, within 14 (fourteen) calendar days of the day of receipt of the Product. After this time, returns will no longer be accepted.
1.2 In order to exercise the right of return, within the said deadline, the Customer may complete the relevant return request form (available here), indicating the order number and email address through which the purchase was made and the Product and/or Products to be returned. The Customer may also communicate the return to Furla by any other means, providing the information necessary for Furla to properly process the request. The Customer is responsible for providing the documentation necessary for Furla to determine that the right of return applies. Furla will provide the Customer with a confirmation of the return request to the contacts provided by the Customer, without undue delay and in any case within 24 hours of receipt of the request. Furla shall provide the Customer with a prepaid return label; provided that the Customer is responsible for the Return Shipping Cost (as set forth in Article 11.6 below).
1.3 The right to return a Product may be exercised by the Customer only, and in no case by the recipient of a Product as a gift.
1.4 When returning a Product, the Customer may select the method of return most suited to his or her requirements, between:
i) drop-off of the return shipment by the Customer (free of charge) with a courier selected by Furla;
ii) pick up (paid by the Customer) by courier of the return shipment; or
iii) arrangements made by the Customer with a carrier at Customer’s expense (“Customer-Arranged Shipping”).
1.5 The Product must be returned without undue delay and in all cases within 14 (fourteen) days of the date the Customer informs Furla of its decision to return the Product. The 14-day period is respected if the Products being returned are provided to the applicable courier within this period.
1.6 In the cases indicated in Article 11.4(ii) and Article 11.4(iii) above, the Customer shall bear only the direct cost of the return of the Product.
Products must be returned in accordance with the following conditions:
i) Products must be returned with original wrapping and labelling (including boxes, accessories, tags, nameplates, labels and dust bag);
ii) Products must not have been used, washed or damaged;
iii) the right of return applies to the Product in its entirety and not to individual parts thereof (e.g. buckles, laces, etc.);
iv) the Customer is responsible for shipment, and bears risk of loss, up to receipt by Furla.
1.7 Following the return of the Product and verification by Furla or parties appointed by Furla of its eligibility for return, Furla shall send the Customer an email confirming acceptance of the return (the “Return Confirmation”).
1.8 Following the Return Confirmation, Furla shall, reimburse all payments received from the Customer, including any shipping charges, without undue delay and in all cases within 14 (fourteen) days of the day on which the Company is informed of the Customer’s decision to withdraw from the Purchase Agreement. The Customer shall receive the applicable refund amount by the same method the Customer used to make the payment. It is understood that in the case of collection by courier or other carrier selected by the Customer pursuant to art. 11.4 (iii), Furla may withhold the refund until it has received the Products or until the Customer has demonstrated that it has sent back the Products (whichever situation occurs first), and until the Customer receives confirmation that the Product has been returned to Furla, the Customer will be responsible for any damage due to transport.
1.9 The right of return is allowed only for full price Products and is therefore excluded for Products purchased during sales or other promotional periods and for Products marked as “outlet”. The right of return is also excluded for custom made or personalised Products, including those personalised after purchase.
12. Intellectual property
1.1Furla guarantees the authenticity and high quality of all the Products offered for sale through the Website. All intellectual property rights (purely by way of example, the “Furla” trademarks, both denominative and figurative) on or relating to the Products, accessories, and packaging are and shall remain the exclusive property of Furla and/or Furla group companies.
1.2 The Customer shall not acquire any rights to Furla’s intellectual property by reason and effect of the Purchase Agreement and/or these General Conditions. The total or partial reproduction, modification, alteration, or any other use of Furla’s intellectual property rights without Furla’s prior written consent is strictly forbidden.
13. Disclaimers and Limitation of Liability
1. 1 Except as expressly provided in the General Conditions, Furla expressly disclaims all warranties, express or implied, including. without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.
1.2 FURLA’S LIABILITY UNDER THE GENERAL CONDITIONS WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT PURCHASED THROUGH THE WEBSITE GIVING RISE TO SUCH LIABILITY, NOR WILL FURLA UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND.
14. Protection of personal data
1.1 Customer personal data collected by Furla during the conclusion or performance of the Purchase Agreement will be processed solely in accordance with Furla’s privacy policy (hereinafter the “Privacy Policy”), which is available on the Website and/or provided by Furla personnel at the Customer’s request at Points of Sale.
1.2 In accordance with the Privacy Policy, the Customer’s personal data (including data contained in communications with the Company via email or instant messaging services) shall be processed by Furla for the period strictly necessary to achieve the objectives for which its collected, stored for the duration of the contractual relationship, and at the end of the relationship, for the period of time allowed by the local statute of limitations.
15. Communications
1.1 For any need or requirement, Customer may contact Furla customer service (“Customer Service”) by contacting Staff at +1 (855) 395-7869 or through the “livechat” available on the Website, Monday to Saturday, from 9 am to 9 pm EST. The Company may be contacted at any time by email, by completing the relevant form available here or by writing to Customerservice.us@furla.com for US. The after-sales service may be provided to the Customer in a language other than that of the country in which the Customer resides or of which they are a citizen (such as, for example, English). The FAQ section of the Website can be consulted for immediate responses to frequently asked questions on the Website and the online shopping experience.
1.2 Furla makes commercially reasonable efforts to respond as soon as possible to Customer requests, using the Customer’s chosen contact channel or other means of contact specified by Customer in the Order.
16. Amendments and updates
1.1 Furla reserves the right to periodically review and amend these General Conditions for reasons such as to reflect changes in market conditions that affect its business; technological changes, including any technical improvements to the Website; changes in payment methods; changes in relevant regulations and legal requirements; and changes in its system capabilities; design and development of new services; and technical, organizational, economic and/or commercial factors.
1.2 Each Purchase Agreement is governed by the General Conditions in force at the time of execution of the Purchase Agreement. Any changes or updates to the General Terms shall be duly published on the Website and/or communicated to the Customer at least two months before becoming effective (“Prior Notice Period”). Once the Prior Notice Period has expired without the Customer having returned a Product in accordance with Section 11 above, the changes shall be deemed to be effective.
17. Miscellaneous
1.1 These General Conditions, including any Purchase Agreement and the Privacy Policy, and any documents referenced in the foregoing constitute the sole and entire agreement between the Customer and the Company and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Products and Orders. Failure to exercise or delay in exercising any right provided for in the Purchase Agreement and/or these General Conditions shall not constitute a waiver of that right.
1.2 If any provision of these General Conditions is deemed to be invalid, ineffective or unenforceable for any reason, the said provision shall be considered to be separate from these General Conditions and the remaining provisions set out herein shall be fully valid and effective and shall not be affected by the invalid, ineffective or unenforceable provision.
1.3 The Purchase Agreement is binding on both Parties and their respective successors and assigns. Furla may assign the Purchase Agreement upon written notice to the Customer.
18. Applicable law and jurisdiction
1.1 These General Conditions and the Purchase Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without reference to conflict of law rules..
1.2 All disputes arising out of or in connection with these General Conditions and/or the Purchase Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
General Conditions updated on 11 October 2024