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  • The processing of my personal data for the purpose of receiving promotional and informative material from TOD’S about the products and services offered by TOD’S or third parties, taking part in market researches and partecipating to special initiatives or events via e-mail, SMS, telephone or mail;
  • Allow ITALIANTOUCH to share my personal data with TOD'S for the creation of my commercial profile based on my consumer preferences, including type and frequency of my online purchases, for the purpose of sending relevant promotional material about the products and services offered by TOD’S or third parties via e-mail, SMS, telephone or mail.
Terms and conditions of sale
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PRIVACY POLICY
The websites www.hogan.com, www.tods.com, www.fay.com and www.rogervivier.com (each individually "Website" and collectively “Websites”) are owned by TOD'S S.p.A., based in Italy at Via Filippo della Valle 1, S. Elpidio a Mare (FM) ("TOD'S" and/or the "Company"). 

TOD'S is the owner of HOGAN, TOD'S, FAY and ROGER VIVIER brands. The store of each Website in which it is possible to buy online HOGAN, TOD'S, FAY and ROGER VIVIER branded products ("E-Commerce") are found, respectively, at store.hogan.com, store.tods.com, store.fay.com and store.rogervivier.com (each individually and collectively “Stores”). 
TOD'S E-Commerce is provided by the company ITALIANTOUCH s.r.l., a single-member company, based at Corso Umberto I, n. 171, Civitanova Marche (MC) ("ITALIANTOUCH"), that sells products of the above mentioned brands at the respective Store. 

In order for You to register with one or more Stores, which allows You to access services including TOD'S E-Commerce, ITALIANTOUCH processes Your personal data according to the provisions of D.Lgs 30 giugno 2003, n. 196 ("Privacy Code"). 

TOD'S and ITALIANTOUCH shall process the personal data You provide when registering with the selected Stores through the registration form as joint data controllers (each, a "Joint Data Controller" or "Data Controller" and jointly "Joint Data Controllers" or "Data Controllers"). 

This notice is provided by TOD'S and ITALIANTOUCH with reference to each and every Website, as personal data processing means and purposes are the same; when we shall use the term “Store”, we shall refer to the respective Website. This notice is addressed to all individuals interacting with the Store of the Website, and in particular:


at those who navigate one or more Stores without registering;


at those who register with one or more Stores and make use of the services offered through each Store, including E-commerce.


This statement is not made on behalf of other websites that may be consulted by You through links contained in each Store. Neither TOD'S nor ITALIANTOUCH shall be liable in any way for any unlawful processing of Your data that may be undertaken by third parties. 
This statement is provided pursuant to article 13 of the Privacy Code, and in accordance with Recommendation no. 2/2001 which the European Authorities for the Protection of Personal Data, brought together in the Working Party set up by Article 29 of Directive 95/46/EC, adopted on 17 May 2001 in order to identify certain minimum requirements for collecting personal data online in the European Union. 

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Consequently, in compliance with the provisions of the Privacy Code, we hereby inform you that TOD'S and ITALIANTOUCH shall process Your personal data in accordance with the following terms and conditions. 


Art. 1. Purpose of the processing Art. 2. Provision of data and consequences in the event of failure to consent to processing Art. 3. Processing methods Art. 4. Communication and dissemination of data Art. 5. Data Controllers and Data Processors Art. 6. Storage of personal data Art. 7. Right to access personal data

Art. 1. Purpose of the processing
The processing of personal data is aimed exclusively at achieving the following objectives: 


a. to ensure registration with the Store selected in the registration form and for the fulfilment of the relevant administrative and legal requirements;


b. in the case You intend to make use of the E-Commerce Service provided by ITALIANTOUCH: 

1. to enable the correct execution of online purchase operations on the part of the latter and, thus, to comply fully and promptly with all obligations resulting from the contractual relationship, and with the relevant administrative and legal requirements;


2. limited to the e-mail details provided by You when purchasing a product or service from each Store, to allow for the direct sale of similar products or services (known as soft spamming), provided that You do not object to such processing.


c. with Your consent, in order to allow TOD'S in its capacity as independent Data Controller to (i) provide offers, discounts, benefits and other services, (ii) send promotional and marketing material and free products, (iii) send invitation to attend exhibitions or events, (iv) undertake market research and (v) inform customers of all special initiatives regarding TOD'S products or products or services of third parties through automated systems such as e-mail and SMS, or by phone and by mail;


d. with to your consent, to the communication of your personal data at the time you finalize a purchase transaction by ITALIANTOUCH to TOD'S, for allowing TOD'S, in its capacity as independent Data Controller, to analyze your shopping habits and commercial choices (i.e. "profiling") through a survey of the type and frequency of your online purchases in order to provide you with a better service when you make future purchases at one of the Group's stores and to pursue the purposes set forth in lett. (c) above, according to the methods described in such point. In accordance with the disposition of the Italian Data Protection Authority of November 7th 2013, TOD'S has the right to retain your personal data for profiling purposes for a maximum period of seven years after which all data will be automatically deleted or made permanently anonymous;


e. for statistical and historical purposes.

Art. 2. Provision of data and consequences in the event of failure to consent to processing
The provision of data for the purposes referred to in points a) and b1) of art. 1 above is purely optional. However, given that such processing is necessary in order to allow registration with each Store and the provision of the services, including E-Commerce, if You refuse to provide the data in question, this will make it impossible to register You with the selected Store(s) and to make purchases. 
Furthermore, in the event that, once You have registered, You intend to perform an online purchase, you must provide ITALIANTOUCH with some personal data in addition to those already provided when you registered, in particular, those relating to the delivery address. The processing of this personal data is necessary to finalize the purchase and failure to provide these data will prevent a Store purchase from being completed. 

Should You choose a credit card as Your method of payment, You may be asked for data relating to the credit card that you intend to use. These data will not be processed in any way either by ITALIANTOUCH or TOD'S, but only by the provider of the payment service (Global Collect Services B.V. – Ingenico, a company under Netherlands legislation - besloten vennootschap met beperkte aansprakelijkheid, with registered office in Planetenweg 43-59, 2132 HM, Hoofddorp, registered to the Chamber of Commerce of Amsterdam, reg. n. 34140462), in its capacity as independent Data Controller, with the right to communicate data to its data processors and persons in charge of data processing, in order to allow payment by credit card. 

IP Addresses and Log Files
ITALIANTOUCH and Tod’s will store, within legal terms, log files and IP addresses used by the customer while purchasing online, to the purpose of prevent and detect potential frauds.

With regard to the purposes of the processing referred to in points c) and d) of art. 1 above, the consent to the processing of Your data is purely optional. Failure to consent shall not result in any consequences with regard to the possibility of registering with each Store and/or making purchases. 
Failure to consent shall only result in the following consequences: 


failure to consent to the processing of Your personal data for the purposes referred to in art. 1, point c) above, will prevent TOD'S from being entitled to provide offers, discounts, benefits and other services, send promotional and marketing material and free products, send invitation to attend exhibitions or events, undertake market research and inform customers of all special initiatives regarding TOD'S products or products or services of third parties, through automated systems such as e-mail and SMS, or by phone and by mail;


failure to consent to the processing of Your personal data for the purposes referred to in art. 1, point d) above, will prevent ITALIANTOUCH from communicating the data you provided at the time of the purchase to TOD'S, and TOD'S from acquiring the aforesaid data in order to analyze your shopping habits and commercial choices (i.e. "profiling") through a survey of the type and frequency of your online purchases in order to provide you with a better service when you make future purchases at one of the Group's stores. Consequently, TOD'S will be prevented from sending you information and promotional material of your specific interest and to pursue the purposes set forth in lett. (c) of Art. 1 above, according to the methods described in such point.


Please, also note that Your consent to the processing of data for one or more of the purposes referred to in art. 1, points c) and d) above, may be revoked at any time, whenever you access Your account at each selected Store, in the "Personal Profile / Authorizations" section of the Store, or by contacting the Data Controllers at the addresses indicated in art. 5. which follows. 
Furthermore, in relation to the processing consisting in the sending of informative material, promotional brochures and informative communications on the part of TOD'S, as well as for the purposes set forth in lett. (b2) of art.1 above, please note that You may revoke your consent by clicking on the relevant box [Unsubscribe] that is shown at the bottom of every communication containing informative or promotional information that You are sent. 


Art. 3. Processing methods
The processing of Your personal data shall mainly be carried out with the aid of electronic or automated means, according to the methods and with the appropriate tools to ensure the security and confidentiality of these data, in compliance with the provisions of the Privacy Code. In particular, all the technical, electronic, organisational, logistical and procedural safety measures shall be taken to ensure the minimum level of data protection stipulated by law, only allowing access to individuals authorised to process data on the part of each of the Data Controllers or the Data Processors authorised by each of the Joint Data Controllers. 
The information acquired and the processing methods shall be pertinent and not excessive in relation to the type of services provided. 
The data shall also be managed and protected in environments to which access is constantly supervised. 


Art. 4. Communication and dissemination of data
Your personal data shall be communicated: 


i. for the purposes referred to in point a) of preceding art. 1, to the employees or staff of the Joint Data Controllers, who will process them in their capacity as Data Processors or persons in charge of the processing;


ii. for the purposes referred to in point c) and d) of preceding art. 1 - and to ensure that your information is always correct and updated whenever you come into contact with Tod's Group in the future - to: employees and collaborators of TOD'S S.p.A. in charge of data processing, TOD'S Group companies in their capacity as external data processing supervisors, and the managers of TOD'S stores in Italy and abroad who are in charge of processing the data.


Personal data provided by You may also be communicated: 


a. to all those parties (including Public Authorities) who have access to personal data as stipulated by legislative or administrative provisions;


b. to post offices, to the companies or third parties responsible for the services of printing, packaging, shipping and/or delivery of products purchased at each Store;


c. to companies, consultants or professionals who may be responsible for the installation, the maintenance, the upgrading and, in general, the management of the hardware and software of TOD'S or of ITALIANTOUCH or used by both for the provision of their services;


d. to companies or Internet providers responsible for sending documentation and/or informative material;


e. to all those public and/or private parties, natural and/or legal persons (legal, administrative and tax consultants, Judicial Offices, Chambers of Commerce, Trade Union Offices, etc.), where the communication is necessary or functional for the correct compliance with the contractual obligations assumed, and with legal obligations.


Personal data provided by You shall not be disseminated, other than anonymously and collectively, for statistical or research purposes. 
The up-to-date list of Data Processors and persons in charge of the processing can be consulted at the offices of each Data Controller. 


Art. 5. Data Controllers and Data Processors
The Data Controllers are: TOD'S S.p.A. and ITALIANTOUCH s.r.l.. 
In relation to the personal data provided when registering with each Store, in relation to which TOD'S and ITALIANTOUCH perform the role of Joint Data Controllers (pursuant to art. 1, lett. a of this disclaimer), You may send all enquiries and requests relating to the processing of your data to either of the Joint Data Controllers, at the following addresses: 


TOD'S S.p.A.,
Via Filippo della Valle, 1 
S. Elpidio a Mare (FM)
Tel. +39 0734 8661 
Fax. +39 0734 866280 
eMail: privacy.generale@todsgroup.com 

ITALIANTOUCH S.r.l.,
Via Bergognone, 14/8
Milano
Tel. +39 02 89623211
Fax. +39 02 89623482
eMail: privacy@italiantouch.com 


In relation to the personal data provided when making a purchase at each Store (pursuant to art. 1, lett. b1 of this disclaimer), you may send all enquiries and requests relating to the processing of said data to ITALIANTOUCH, in its capacity as independent Data Controller, at the address shown above. 
Finally, You may send all enquiries and requests relating to the processing of personal data performed by TOD'S and ITALIANTOUCH in their capacity of Data Controllers to: 


i. ITALIANTOUCH, at the address shown above, for the marketing purposes referred to in point b2) of preceding art. 1;
ii. TOD'S, at the address shown above, fort the marketing purposes referred to in point c) of preceding art. 1;
iii. for the marketing purposes referred to in point d) of preceding art. 1: ITALIANTOUCH, limited to the communication of data related to the purchase transaction to TOD'S; and TOD'S, limited to the analysis of your shopping habits and commercial choices (i.e. "profiling") through a survey of the type and frequency of your online purchases.

Art. 6. Storage of personal data
Your personal data shall be stored only for the length of time necessary in order to guarantee the correct provision of the services offered. 

In the event of deletion or disabling due to failure to use Your account on each Store, Your data shall be stored for administrative purposes for a period of no longer than three months, notwithstanding any specific legal obligations on the storage of accounting documentation or for the purposes of public safety. In these cases, the automatic deletion of the data shall be guaranteed also by third parties to whom they may have been communicated. 
In any case, it is understood that Your personal data shall be stored and processed for the purposes of verifying consumer and marketing behaviour for the period of time allowed by law and by the provisions of the Italian Data Protection Authority. 
After this period, Your data shall be made anonymous, so as to prevent Your identification, even indirectly. 


Art. 7. Right to access personal data
Pursuant to art. 7 of the Privacy Code, you have the right, inter alia, to: 


a. obtain confirmation of the existence or not of Your personal data and their communication in an intelligible form;


b. obtain, from either of the Data Controllers: 

information on the source of the personal data, on the purposes and methods of the processing, on the logic applied in case the data have been processed with the aid of electronic means;


information on the identification details of each of the Data Controllers;


information regarding the parties or the categories of parties to whom the data may be communicated or who may become aware of them in their capacity as a representative appointed in the territory of the state, as data processors or persons in charge of the processing;


c. obtain: 

the updating, rectification or integration of Your data;


the deletion, rendering anonymous or blocking of data processed in breach of the law, including those which need to be stored in relation to the purposes for which the data have been collected or subsequently processed;


confirmation of the fact that the operations referred to in the above points have been brought to the attention, also in relation to their content, of those to whom the data have been communicated or disseminated, except in the case where such compliance is impossible or would involve the use of means which are clearly disproportionate to the right protected;


d. object, in whole or in part: 

for legitimate reasons, to the processing of Your data, even if they are pertinent to the purpose of the collection;


to the processing of Your personal data, provided for the purposes of commercial information or sending promotional or direct sales material or for carrying out market research or commercial communication. Please note that refusal to consent to personal data processing for the purposes described at point b2) of art. 1 through automated systems (e-mail and SMS) is extended to traditional means of contact (post and telephone), except if the customer specifically choses to exercise his right in part, i. e. to reject communications originating only from selected means of contact, for example automated systems.


The aforementioned rights may be exercised by submitting a request to each of the Data Controllers by registered letter, by fax or also by e-mail to the addresses indicated above in art. 5. 

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Terms and Conditions of Sale
Effective as of February 23rd, 2017
These Terms and Conditions of Sale regulate the supply and sale of products through:
i. the section store.tods.com of the website www.tods.com;
ii. the section store.fay.com of the website www.fay.com;
iii. the section store.hogan.com of the website www.hogan.com;
iv. the section store.rogervivier.com of the website www.rogervivier.com; 
(each of the store sections mentioned above, individually “Store” and, collectively, “Stores”; each of the websites mentioned above, individually “Website” and, collectively, “Websites”). 
Therefore, in this document, when we shall use the term “Website”, we shall refer to the Website (among the above mentioned websites) which the user is browsing each time; likewise, when we shall use the term “Store”, we shall refer to the section (among the above mentioned store sections), which the user is browsing and making a purchase at, each time.
On the Store, ITALIANTOUCH, licensed by Tod's S.p.a (a company with registered office in Via Filippo della Valle 1, Sant'Elpidio a Mare (FM), fiscal code / vat and registration number under the companies register of Fermo - Italy 01113570442, share capital Euro 61.218.802,00 fully paid up, R.E.A.: no. 114030 Fermo - Italy), is selling, depending on the case, TOD'S, FAY, HOGAN e ROGER VIVIER branded products.
Tod's S.p.A. is owner of the Website and the Store, as well as owner of TOD'S, FAY, HOGAN e ROGER VIVIER brands.
The products commercialized within the Store (hereinafter, the "Products") are supplied and sold by ITALIANTOUCH S.r.l., with registered office in Corso Umberto I 171, 62012 Civitanova Marche (MC) - Italy, registered in the Company Register of Macerata with registration number No. 160768, VAT 02031231208 ("ITALIANTOUCH").

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1. Scope and Browsing of the Store 2. Purchase on the Store 3. Registration within the Store 4. Information required for entering into a contract 5. Product Availability 6. Information about the Products 7. Prices 8. Purchase orders 9. Payment forms 10. Delivery of the Products 11. Right of withdrawal 12. Legal Warranty of Conformity 13. Manufacturer's Conventional Warranty 14. Flash Sales and Competitions 15. Applicable Law; Alternative Dispute Resolution/Online Dispute Resolution 16. CUSTOMER SERVICE AND COMPLAINTS
1. Scope and Browsing of the Store
1.1 The supply and sale of Products on the Store represent a distance sales contract regulated by Chapter I, Title III (Section 45 et ss.) of the Legislative Decree 6 September 2005, No. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.
1.2 The Terms and Conditions of Sale apply to all sales carried out by ITALIANTOUCH on the Store.
1.3 The Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall come into force starting from their publication on the Store, in the "Terms and Conditions of Sale" section. Users are therefore invited to visit the Store on a regular basis and, prior to any purchase, to read the most recent version of the Terms and Conditions of Sale.
1.4 The applicable Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.
1.5 These Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than ITALIANTOUCH, which are available on the Store through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user shall check their conditions of sale. ITALIANTOUCH is not liable for the supply of services and/or the sale of products by these parties. ITALIANTOUCH does not carry out any checks on and/or monitoring of the websites that can be reached through these links. ITALIANTOUCH therefore takes no responsibility for the contents of these sites or for any possible mistakes and/or omissions and/or legal violations by the said websites.
1.6 The user shall carefully read these Terms and Conditions of Sale, made available by ITALIANTOUCH in the "Terms and Conditions of Sale" section of the Store and which can be stored and reproduced, as well as other information that ITALIANTOUCH provides on the Website and on the Store, both before and during the purchase procedure.
1.7 The Terms and Conditions of Sale are applicable in the following States: Austria, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Poland, Portugal, Great Britain, Czech Republic, Romania, Spain, Sweden, Hungary, each of which is associated with a specific section of the Store ("Country").
1.8 The Store allows each user to surf the Store and, upon registration, to make purchases in any "Country", regardless of the State where the user is located when visiting the Store.
1.9 When the user logs in the Store, the Store recognises, through the IP address, the State from where the user is logging in. The user may change the Country of the Store he is browsing, by selecting a different one in the country selector located in the header or in the footer of each page of the Website.
1.10 The Country selected for surfing is therefore the one associated with the State from where the user is logging in the Store (hereinafter the "Browsing Country"). The Browsing Country is located in the header or in the footer of each page of the Website.
1.11 Any change in the Browsing Country, made after the beginning of the purchase procedure - which coincides with the moment in which the user, in order to put a product in the shopping bag, clicks on "Buy" - is allowed, but determines the interruption of the purchase procedure, the emptying of the shopping bag and the re-directing of the user to the home page of the chosen "Country".
2. Purchase on the Store
2.1 The purchase of Products on the Store is allowed only to those subjects that:
i. are 18 years old or over;
ii. act in their capacity as consumers, defined as natural persons who, with regard to the purchase of Products, act for purposes unrelated to any business, commercial, professional or craft activities that they may have;
iii. are registered on the Store in accordance with Article 3 here below.
2.2 The user is allowed to purchase more than one Product within the same order ("Multiple Order"). However, it is not possible to buy more than five items of the same Product in one order; moreover, in the case of a Multiple Order containing a Pre-Order / Back-Order Product (art. 5 hereafter), Real Time Banking payment (art. 9 hereafter) will not be available to the user; therefore, such payment modality shall not be used for payment. Resellers, wholesalers or all those persons who intend to purchase the Products for the purpose of resale are not entitled to make purchases on the Store. It is therefore forbidden to these parties and all those persons who are not consumers to register or make purchases on the Store. Subjects mentioned in Article 10.11 are also forbidden to purchase on the Store.
2.3 Should any violations of the above provisions occur or any irregularities in relation to the quantity of products purchased or the frequency of purchases made be noted, ITALIANTOUCH reserves the right to undertake all actions required to ensure that such violations or irregularities cease immediately, including the non-acceptance or cancellation of irregular orders or, upon joint resolution with Tod's S.p.A., the suspension of the access to the Website and/or to the Store or the cancellation of the registration.
2.4 Lastly, ITALIANTOUCH reserves the right to refuse or cancel orders placed by:
i. a user with whom the company has on-going legal disputes;
ii. a user who has previously violated the conditions and/or terms of the purchase contract with ITALIANTOUCH;
iii. a user who has been involved in fraud of any type and, in particular, in fraud related to credit card payments;
iv. users who have provided false, incomplete or inaccurate identification data, or users who have not promptly sent to ITALIANTOUCH the information and/or the documents requested in relation to the procedure set forth by Article 9.7 below or who have sent not valid documents.
3. Registration within the Store
3.1 The purchase of Products on the Store may only take place upon registration within the Store.
3.2 Registration within the Store is free. To register within the Store, the user must fill out the registration form, entering his/her name, surname, title, an e-mail address and a password and then clicking on "Register". Confirmation of registration will be sent to the user by e-mail.
3.3 The Country in which the user is surfing at the time of registration within the Store is hereinafter referred to as the Registration Country. The Registration Country cannot be modified. Each user may use only one registration.
3.4 The registration within the Store, by opening a personal account called "My Account", enables the user to:
i. save his/her own addresses;
ii. save his/her payment details so they can be re-used for payment in subsequent purchases;
iii. have access to all the information regarding orders and returns;
iv. monitor the state of the delivery;
v. manage his/her own personal data and update them at any time.
3.5 The registration credentials (e-mail address and password) enable the user to make purchases on the Store and, if the user chooses to pay with credit card and enables the "One click buy" payment option, to pay directly for purchases made on the Store, without entering credit card data for each subsequent purchase.
In any case, the registration credentials shall be preserved with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user hereby undertakes to keep them secret and to ensure that no third party gains access to them. The user also undertakes to inform ITALIANTOUCH immediately if he/she has suspicion of or becomes aware of any illegal use or disclosure of the said data.
3.6 The user hereby guarantees that the personal data provided during the registration procedure for the Store are complete and truthful and undertakes to indemnify and hold harmless ITALIANTOUCH and Tod's S.p.A. from and against any losses, damages and/or liabilities deriving from and/or in any way connected to the violation by the user of the provisions concerning registration within the Store or the storage of registration credentials.
3.7 Registration within the Store implies acceptance of these Terms and Conditions of Sale.
4. Information required for entering into a contract
4.1. In accordance with Legislative Decree of April 9, 2003, No. 70 containing provisions related to electronic commerce (e-commerce), ITALIANTOUCH hereby informs the user that:
i. to conclude the purchase contract of one or more Products on the Store, the user must fill out an order form in electronic format and send it to ITALIANTOUCH electronically, following the instructions that will appear from time to time on the Store;
ii. the contract is concluded when the order form reaches the server of ITALIANTOUCH;
iii. before submitting the order form, the user will be able to identify and correct any errors in the inserted data, by following the instructions on the Store;
iv. once the order form has been submitted and upon confirmation of the validity of the payment instrument used, except for what specified in Article 9.3 and following paragraphs, ITALIANTOUCH will send to the user, at the indicated e-mail address, the confirmation of the order, containing the following: a summary of the Terms and Conditions of Sale, as well as any particular conditions applicable to the contract, information regarding the main features of the purchased product, a detailed indication of the price, the form of payment used, the delivery expenses and any additional expenses, as well as information about the right of withdrawal; the general Terms and Conditions of Sale applicable to the order, standard withdrawal instructions and standard withdrawal form, as specified in Article 11 here below, will be attached, as a PDF file, to the Order Confirmation e-mail.
v. the order form will be filed in the database of ITALIANTOUCH for the time required for the completion of the contract and, in any case, according to the procedures and time limits set forth by law. To gain access to his/her order form, the user must consult the "My Account - my orders" section of the Store.
4.2. The languages available to users for the conclusion of the contract are Italian, English, French, German and Spanish. Customer Service can communicate with users in the same languages.
5. Product Availability
5.1. The Products offered in the Store are articles of clothing and accessories (such as, merely by way of example, shoes, small leather goods, bags, glasses, beauty and care accessories, perfumes and watches) contained in the electronic catalogue published on the Store at the time when the user places the order.
5.2. Product availability is constantly monitored and updated. Nevertheless, since the Store may be visited simultaneously by various users, it is possible that more than one user purchases the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually finished or not immediately available, since it is necessary to wait for new availability.
5.3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user and, especially, to Book IV, Title II, Chapter XIV of Italian Civil Code, ITALIANTOUCH will immediately inform the user by e-mail. The user will therefore be entitled to terminate the contract, without prejudice to the damage compensation, in conformity with Section 61, paragraphs IV and V of the Consumer Code.
Alternatively and without prejudice to this right, the user might accept one of the following ITALIANTOUCH proposals:
i. should the Product become available again: an extension of the terms of delivery, with indications, on the part of ITALIANTOUCH, of the new term of delivery of the Product;
ii. should the Product not become to be available again: the supply of a different Product, of equivalent or higher value, upon payment, in the latter case, of the difference, upon prior approval of the user. It is specified that, if the user chose the Real Time Banking Payment (where available) for purchasing the Product initially selected and such Product then proves to be unavailable, whether the user chooses to receive in replacement a Product whom price is higher if compared to that of the product originally purchased, the contract regarding the Product originally purchased will be terminated (and, consequently, the order will be cancelled and the Total Sum Due paid will be refunded, as regulated in art.5.4 hereafter); as a consequence, a new order, containing the Product requested by the user as a replacement, shall be placed.
The user's choice shall be promptly communicated to ITALIANTOUCH, via e-mail, to the e-mail address indicated Article 16 following.
5.4 If the user avails himself/herself of the right to terminate the contract whereof in Section 61, paragraphs IV and V of the Consumer Code, and the payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and any other additional cost, resulting in the order ("Total Sum Due") - has already been made, ITALIANTOUCH will refund the Total Sum Due without undue delay and, in any case, within 15 working days starting from the day on which of the order has been placed. The user shall be informed of the sum of the refund by e-mail and the sum will be credited to the user with the same form of payment used by the user for the purchase. In case the payment was made by means of European bank transfer, ITALIANTOUCH will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum.
5.5 In case of Multiple Order, if the unexpected unavailability concerns some of the Products only within the Multiple Order - without prejudice to the user's legal rights and, especially, Book IV, Title II, Chapter XIV of the Italian Civil Code, and without prejudice to the application of Articles 5.3 and 5.4 above, if the unexpected unavailability affects all Products within the Order - ITALIANTOUCH will promptly warn the user via e-mail. The user will therefore be entitled to immediately terminate the contract, limited to unavailable Product(s), without prejudice to the damage compensation, in conformity with Section 61, paragraphs IV and V of the Consumer Code. As an alternative, and without prejudice to the right to compensation, the user might accept one of the following ITALIANTOUCH proposals:
i. should the Product(s) within the Multiple Order become available again: an extension of the terms of delivery, with indications of the new term of delivery of the Product;
ii. should the Product(s) within the Multiple Order not become to be available again : the supply, in substitution of the unavailable Product(s), of a different Product(s), of equivalent or higher value, upon payment, in the latter case, of the difference, given prior approval of the user.
It is specified that, in this case, if the user chose the Real Time Banking Payment (where available) for purchasing the Product initially selected and such Product then proves to be unavailable, whether the user chooses to receive in replacement a Product whom price is higher if compared to that of the product originally purchased, the contract regarding the Product originally purchased will be partially terminated (and, consequently, the order will be partially cancelled and the Partial Sum Due payed will be refunded, as regulated in art.5.6 hereafter); subsequently, a new order, containing the Product requested by the user as a replacement, will be placed.
The user's choice shall be promptly communicated to ITALIANTOUCH, via e-mail, to the e-mail address indicated in Article 16 following.
5.6 In case the user avails himself/herself of the termination right, as specified in Section 61, paragraphs IV and V of the Consumer Code, the purchase contract of those unavailable Product(s) within the Multiple Order will be partially terminated, limited to such Product(s), with resulting refund, in case it has already been paid, of the amount due for the Product(s), and any other possible cost specifically related to the Product(s) ("Partial Sum Due"). The termination of the entire Multiple Order will occur only if the unavailable Product(s) of the Multiple Order is/are considered ancillary in respect to the other Product(s), that are available. The Partial Sum Due to the user with reference to the unavailable Product(s) will be refunded without undue delay and, in any case, within 15 working days starting from the day on which the order has been placed. The user shall be informed of the sum of the refund by e-mail and the sum will be credited to the user with the same form of payment used by the user for the purchase. In case the payment was made by means of European bank transfer, ITALIANTOUCH will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum.
Pre-Order Products
5.7 Without prejudice to what expressed in Articles 5.2, 5.3 and 5,4 above, ITALIANTOUCH reserves its right to offer the user the opportunity to purchase in advance Products belonging to new collections before they are even manufactured. The Products which can be purchased before their own manufacture will be listed in a dedicated section on the Store and/or will be identified with the "Pre-order" caption ("Pre-order Products"); in the Product Sheet of each Pre-order Product, as well as during the whole purchase procedure, and, anyway, before the user is bound to the purchase contract of the Pre-order Product, the date the Pre-order Product will be available will be notified. Pre-order Products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale, except Real Time Banking Payment, which will not be available for the payment of Pre-Order Products.
Once the purchase contract is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements as specified in Article 4.1 iv, but specifically referred to Pre-order Products; this e-mail will be different from the one concerning Products, other than Pre-order Products, which might be purchased by the user together with Pre-order Products and/or Back-order Products.
The effective charge of the Total Sum Due for the Pre-order Products will take place only once the Pre-order Product is shipped. If the payment is made with credit card or PayPal, the user will be charged no amount before said date, but ITALIANTOUCH will merely check the validity of the card and the absence of possible blocks, as specified in article 9.2 hereafter.
Those who purchase a Pre-order Product will be notified via e-mail of the supervening availability of the Pre-Order Product(s) ("Supervening Availability Confirmation E-mail"). Unless otherwise specified in the Product Sheet and/or during the purchase process, all Pre-order Product(s) will therefore be delivered within 4-7 working days of receipt of the Supervening Availability Confirmation E-mail if the user has selected the standard delivery option or within 2-4 working days of receipt of the Supervening Availability Confirmation E-mail if the user has selected the express delivery option. In case the Pre-order Product is not manufactured, or in case of failed or delayed delivery, the provisions of which in Article 10.12 following will be applied. All other provisions in the Terms and Conditions of Sale will also apply.
Back-order Products
5.8 Without prejudice to what expressed in Articles 5.2, 5.3 and 5,4 above, ITALIANTOUCH reserves its right to offer the user the opportunity to purchase Products which, even if not currently available in the electronic catalogue of the Store (because momentarily out of stock, for instance), can be selected by the user to be purchased. These Products will be listed in a dedicated section on the Store and/or will be identified with the "Back-order" caption ("Back-order Products"). In the Product Sheet of each Back-order Product, as well as during the whole purchase process and, anyway, before the user is bound to the purchase contract of the Back-order Product, the date the Back-order Product will be available again will be notified. Once the purchase contract is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements as specified in Article 4.1 iv, but specifically referred to Back-order Products; this e-mail will be different from the one concerning Products other than Back-order Products which might be purchased by the user together with Back-order Products and/or Pre-order Products.
Back-order Products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale, except for Real Time Banking Payment, which is not available for the payment of Back-Order Products; the effective charge of the Total Sum Due for Back-order Products will take place as specified in the second paragraph of Article 5.7 above.
Those who purchase a back-order Product will be notified via e-mail of the supervened availability of the Back-Order Product(s) ("Supervening Availability Confirmation E-mail"). Unless otherwise specified in the Product Sheet and/or during the purchase process, all Back-order Product(s) will therefore be delivered within 4-7 working days since receipt of the Supervening Availability Confirmation E-mail if the user has selected the standard delivery option; within 2-4 working days since receipt of the Supervening Availability Confirmation E-mail if the user has selected the express delivery option. In case the Back-order Product will not be available again, or in case of failed or delayed delivery, the provisions of Article 10.12 following will apply. All other provisions in these Terms and Conditions of Sale will also be effective, if applicable.
6. Information about the Products
Each Product is accompanied by a product information sheet which illustrates its main features ("Product Sheet"). The images and descriptions on the Store reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used by users to visualize them. Moreover, the images of the Product in the Product Sheet may differ in dimension or in relation to accessory products. These images must therefore be understood as approximate and with the usual tolerance values. For the purposes of the purchase contract, the description of the Product in the order form transmitted by the user shall be considered valid.
7. Prices
7.1 All the prices of the Products published on the Store are expressed in Euros (or in local currency outside the European territory) and are inclusive of Value Added Tax - IVA.
7.2 Users are hereby informed that, due to various factors, including the business policy of the owners of the brands, the price of the Products offered for sale on the Store may differ according to the different Countries.
7.3 ITALIANTOUCH hereby reserves the right to change the price of Products at any time, without prior notice, it being understood that the price charged to the user shall be the one indicated on the Store at the time of placing the order and will not take account of any variations (either increases or decreases) subsequent to the transmission of the said order.
7.4 If a Product is offered on the Store at a discounted price, the Product Information Sheet shall indicate (i) the full price with respect to which the discount has been calculated and (ii) what this full price corresponds to. It will be understood that the offer of Products at discounted prices shall only take place if the full price of the Product corresponds to the actual market price of the Product.
8. Purchase orders
8.1 The Products shall remain the property of ITALIANTOUCH until the payment of the Total Sum Due by the user is made. If the Total Sum Due is not paid or if the successful outcome of the payment is not confirmed, the purchase contract shall be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code, without prejudice to what expressed in Article 9.3. The user shall be informed by e-mail of the contract termination and of the subsequent cancellation of the order.
8.2 ITALIANTOUCH will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Any risk of loss or damage of the Product(s) which cannot be attributed to ITALIANTOUCH, will be handed over to the user, when this latter or a third party designated by the user and other than the carrier, will materially come into possession of the Product(s).
8.3 In the event that, after the purchase of a Product and its delivery to the user, the user wishes to replace it - without prejudice to the rights the user has in accordance with the law and according to the provisions of Articles 11, 12 and 13 of these Terms and Conditions of Sale - the replacement shall occur within 14 days as of the date on which the Product that the user purchased has been delivered, provided that: (i) the Product is intact, complete in all its parts, equipped with all accessories, illustrative sheets, identification tags and labels, placed inside its original packaging together with a copy of the purchase invoice and of the exchange form whereof in the following paragraph, duly filled out in all its parts, and that (ii) the Product requested by the user as a replacement for the one originally purchased is available on ITALIANTOUCH.
In order to proceed with the replacement whereof in the paragraph above, the user shall follow the procedure specified in the document providing the exchange form and the related replacement instructions, placed inside the box which used to contain the item purchased by the user; this procedure can be consulted in the " Exchange" section of the Website.
Should ITALIANTOUCH verify that the replacement procedure specified in this Article 8.3 has been correctly followed by the user, ITALIANTOUCH will:
(i) refund the amount paid for the Product (delivery expenses the user might have incurred for purchasing the item he/she wishes to replace and any other additional cost paid as a result of the order not included) without undue delay and in any case within and no later than 3 working days as of the moment ITALIANTOUCH receives the parcel containing the item the user is returning. The refund will occur using the same payment method used for the initial transaction. The user will be also sent a refund confirmation e-mail;
(ii) charge the user with the price of the item he/she has requested as a replacement once ITALIANTOUCH will send it to the user (regardless of the price being the same, or lower, or higher if compared to that of the product originally purchased in the first place) using the same payment method used for the initial purchase. At the time of shipping the user will be sent a shipping confirmation e-mail;
(iii) deliver the item the user has selected as a replacement, once ITALIANTOUCH receives the parcel with the item the user means to replace, within the terms of delivery specified in the instructions whereof in this Article 8.3, second paragraph, above.
It is specified that, if the user payed for the initial purchase with Real Time Banking Payment (where available) for purchasing the Product initially selected and such Product then proves to be unavailable, whether the user chooses to receive in replacement a Product whom price is higher if compared to that of the product originally purchased, the contract regarding the Product originally purchased will be terminated (and, consequently, the order will be cancelled and the Total Sum Due paid by the user will be refunded); as a consequence, a new order, containing the Product requested by the user as a replacement, shall be placed.
As regards anything not further provided for in this paragraph, and for all replacements concerning Products having a price equal or lower than that of the product originally chosen by the user, even if paid with Real Time Banking Payment, the provisions of article 8.3 will remain applicable.
9. Payment forms
9.1 The payment of the Products purchased on the Store can be made:
by credit card, by means of one of; the credit cards accepted by ITALIANTOUCH as specified in the footer, on the bottom right of every page of the Store;
by any of the following Real Time Banking Payment methods:
iDEAL, only available if the user selected the Netherlands as Country of Purchase (see art. 10.1 hereafter) and has an online bank account with one of the credit institutions supporting this service. The list of credit institutions supporting iDEAL payment service is available at the page "https://www.currence.nl/en/products/ideal/licences-ideal/", iDEAL Issuing Licencees section.
SOFORT, available for the following Countries of Purchase: Austria, Belgium, France, Germany, Italy, Netherlands, United Kingdom, Spain; and only if the user has an online bank account with one of the credit institutions supporting this service. The list of credit institutions supporting SOFORT payment service is available at the page "https://www.sofort.com/payment/banks/check/", by providing the Country of Purchase and the sort code of the credit institution with respect to whom the user wishes to verify whether it supports the real time banking service or not;
(unless otherwise specified, in these Terms any and both of Real Time Banking Payment option will be referred to as "Real Time Banking Payment");
by PayPal.
If one or more of the payment methods listed above cannot be used, also possibly in regard to a specific Product, this will be explicitly specified on the Store, at the beginning of the purchase procedure or, at the latest, before the user enters into the purchase contract and places the order. In any case, the payment methods which are not available will not be selectable during the purchase process.
Moreover, if the user cannot complete the payment with one of the methods listed above, ITALIANTOUCH reserves the right to accept payments via European Bank Transfer, as specified in Article 9.3 and seq.
In case of replacement of Product(s) upon the user's request, as regulated in Article 8.3 above, ITALIANTOUCH will proceed with the refund and subsequent charge as described in Article 8.3, last section, par. (i) and (ii) above.
9.2 In the case of payment by credit card, ITALIANTOUCH, at the time of order placement, will not charge the Total Sum Due but will merely check the validity of the card and the absence of possible blocks. The charge of the Total Sum Due will only be made at the time of shipping.
9.2.1 In case of payment by credit card (except for Maestro) or by PayPal, by selecting the "Save these purchasing details for future use" box in the "Details of Purchase" page of the purchase procedure, the user hereby authorizes the memorization of the inserted payment option details and their re-use for the payment of subsequent purchases on the Store, thus avoiding the need to insert such data at each purchase ("One click buy"). The user may, at any time, revoke authorization of the re-use of the payment option details for subsequent purchases, by accessing his/her personal account and clicking on "Remove" in the section "Payment details".
ITALIANTOUCH uses the safe payment service of the company Global Collect Services (Ingenico ePayments), which involves the use of the SSL protocol. The reserved data of the credit card (card number, start date, expiry date, security code), or of the PayPal account (email address and password) are encrypted and transmitted directly to the payment handler without passing through the servers of ITALIANTOUCH. ITALIANTOUCH therefore does not have access to the data used by the user for payment of the Products, not even in the case that the user chooses the "One click buy" payment method, if available, except for the case set forth in Article 9.7, with only reference to the card holder's data or to the PayPal account data.
9.3 If the user cannot complete the payment of the order with any of the payment methods listed in Art. 9.1 above (for example: negative feedback during the verification of the credit card validity and/or absence of blocks; lack of funding on the account the user is using; reaching of the maximum expense cap, etc.) and in case ITALIANTOUCH decides not to terminate the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code, the user's order will be suspended and the Customer Service will contact the user to offer him/her European Bank Transfer payment as an alternative.
9.3.1 In case the user accepts to pay via bank transfer, the Customer Service will send him/her an e-mail including the bank account details for the bank transfer.
9.3.2 The payment of Products via European bank transfer should be made within and no later than four working days of receipt of the e-mail whereof in Article 9.3.1. Failure to comply will cause the automatic termination of the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code. The termination contract, of which the user will be notified vie e-mail, will imply the cancellation of the order and the refund of the Total Sum Due, possibly paid with delay. Article 5.4. above is applicable, as the case may be.
9.3.3 In case of payment via European bank transfer, the delivery term of the Product(s) will be effective starting from the bank transfer receipt date on the part of ITALIANTOUCH or from the receipt date of the bank transfer receipt on the part of ITALIANTOUCH, depending on which of these two cases happens first. To facilitate the connection between the transfer payment and the order, the user is required to specify:
Order number;
· Date of transmission of the order;
· First and Last name of the order's holder in case it differs from the bank account holder's name.
It is advisable for users to promptly send to ITALIANTOUCH, via e-mail, the receipt of successfully completed transfer.
9.3.4 The information whereof in Articles 9.3.1, 9.3.2 and 9.3.3 will be included: (i) in the order confirmation e-mail, as specified in Article 4.1 (iv) above, if it has not already been sent to the user, or (ii) in a dedicated e-mail, in case the order confirmation e-mail whereof in Article 4.1 (iv) has already been sent to the user.
9.4 If the user wishes to pay with iDEAL Real Time Banking Payment, after selecting iDEAL payment option, the user will be displayed a box containing the list of credit institutions supporting iDEAL payment service; the user will then be able to select the credit institutions, among those listed, that he/she wishes to use for payment, and will subsequently be redirected to a dedicated page of such credit institution, by means of which he/she will be requested to fill in his/her bank account details (account number and debit card number) and complete the payment.
If the user wishes to pay with SOFORT Real Time Banking Payment, after selecting SOFORT payment option, the user will be redirected to a dedicated page hosted by Sofort, and will then be able to complete the payment, selecting the credit institution’s nationality and naming, and then filling in his/her User ID, PIN number, account number, transaction confirmation code, and any other data the system will require, depending on the credit institution the user selected in the first place.
In both Real Time Banking Payment options described above, payment shall be completed immediately. Home banking access data are encrypted and transmitted directly to the payment handler without passing through the servers of ITALIANTOUCH. ITALIANTOUCH therefore does not have access to nor memorizes such data. The Total Sum Due will be charged on the bank account selected by the user, at the same time of the conclusion of the contract. Unless otherwise specified and/or agreed upon with the user, in the case contract is terminated or in any other case of refunding, for any reason, the amount of the refund due to the user shall be credited to the same account initially used by the user. The term for crediting the sum to this account depend exclusively on the company providing the service and/or the bank system. Once the credit order has been arranged in favour of the said account, ITALIANTOUCH shall not be deemed liable for any delays or omissions in the crediting of the refund to the user. For any such problems, the user shall directly contact the company providing the service.
9.5 In case of PayPal payment, the user will be redirected to the website www.paypal.com where he/she shall make the payment for the Products on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with ITALIANTOUCH.
ITALIANTOUCH is therefore unable to know, or memorize in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to the said account.
9.6 If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online contract. In the case (contract is terminated or in any other case of refunding, for any reason, the amount of the refund due to the user ("Refund Amount") shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depend exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, ITALIANTOUCH shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. For any such problems, the user shall directly contact PayPal directly.
9.7 In order to guarantee the security of payments made on the Store and to prevent any fraud, ITALIANTOUCH hereby reserves the right to request the user, by e-mail, to send, using the same procedure, a copy (front and back) of his/her currently valid ID card, and, in case the order's holder is different from the credit card's / PayPal account holder, the ID card of the latter; ITALIANTOUCH may also ask, as an alternative or in addition to what detailed above, the authorization code for the transaction related to the Order placed by the user.
The e-mailed request will specify the term by which the document shall be sent to ITALIANTOUCH. This term will not, in any case, be more than 5 working days starting from receipt of the request by the user.
While waiting for the requested information / document, the order shall be suspended. The user is required to send the information / document requested within the indicated term. If ITALIANTOUCH does not receive such information / documents within the term indicated in the e-mailed request or receives expired or not valid documents and/or not correct or complete information, the contract shall be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code and the order shall be subsequently cancelled, without prejudice to the right of ITALIANTOUCH to claim damages that ITALIANTOUCH may incur due to the non-compliance of the user. The contract, termination of which the user shall be informed by e-mail, within and no later than 5 working days from the expiry of the term for sending the information / documents requested by ITALIANTOUCH, shall lead to the cancellation of the order and the refund of the Total Sum Due which may already have been paid by the user, with the application of the refund methods specified in Article 5.4, if compatible. If ITALIANTOUCH receives valid information / documentation within the indicated term, the terms of delivery applicable to the Product shall start from the date of receipt of the said information / documentation.
9.8 In any case the invoice shall be issued at the moment of delivery and shall be sent via e-mail to the user, to the user's registered e-mail address.
10. Delivery of the Products
10.1 Delivery of the Products purchased on the Store is carried out in all the States indicated in Article 1.7 above, at the delivery address indicated by the user in the order form. However, delivery can only be made in the territory of the State associated with the "Country" in which the user is surfing at the time in which he/she begins - and up to the conclusion of - the purchase procedure by clicking on "Add to basket" ("Country of Purchase") (e.g.: if the user, when beginning the purchase procedure of the product x and clicking on "Add to Basket", is surfing in the "Country" Italy, the delivery of the product can only be undertaken in Italy).
10.2 The user is therefore obliged to insert in the order form a delivery address which is located within the territory of the State associated with the Country of Purchase. Orders that contain the indication of a delivery address outside such territory shall be cancelled pursuant to and in accordance with Section 1456 of the Italian Civil Code and the Total Sum Due shall be refunded, if already paid, using the procedures and within the terms indicated in the previous Article 5.4, if compatible.
10.3 Delivery cannot be made to the Channel Islands nor at P.O. Boxes or poste restante. If the delivery address is a P. O. box, or one of the above mentioned places, ITALIANTOUCH shall terminate the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code and refund the Total Sum Due, if already paid, using the procedures and within the terms indicated in the previous Article 5.4.
10.4 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Information Sheet or in other parts where this is communicated. The amount of the expenses shall be expressly and separately indicated (in Euros and inclusive of VAT) in the Product Information Sheet and, in any case, before the user proceeds with the placement of the order, as well as in the e-mail confirming the order.
In case it is necessary to refund the delivery expenses due to withdrawal from a Multiple Order as specified in Article 11 following, ITALIANTOUCH will proceed in refunding the cost of said expenses only if the user intends to withdraw the entire Multiple Order; in such case, the cost of the delivery expenses will be fully refunded. Otherwise, the refund will not take place, given to the fact that the delivery fees incurred by the user (which ITALIANTOUCH always considers as a fixed amount, regardless the number of ordered Products) are attributable to the delivery of other Products, other than those the user has withdrawn, part of the Multiple Order.
If, instead, the refund of the delivery expenses follows the unavailability of one of the Products in the Multiple Order, as regulated in Articles 5.5 and 5.6, or, alternatively, a non-fulfilment case on the part of ITALIANTOUCH as specified in Article 10.13, ITALIANTOUCH will proceed in refunding the cost of the delivery expenses in the following fashion:
(i) if the user has selected the standard delivery option, by crediting him/her the amount of 3,00 euros for each unavailable Product/Product subject to ITALIANTOUCH's non-fulfilment, or, the user request granting him/her a coupon which can be used on the Store via a promo code, of the same amount paid by the user for the delivery expenses;
(ii) if the user has selected the express delivery option, by crediting him/her the amount of 5,00 euros for each unavailable Product/Product subject to ITALIANTOUCH's non-fulfilment, or, optionally, if the user wishes so, he/she will be allowed a coupon which can be used on the Store via a promo code, of the same amount paid by the user for the delivery fees.
In none of these cases the refundable delivery fee amount shall exceed the sum effectively paid by the user for the delivery of the Products. The user's choice - between the two options in Article 10.4 (i) or Article 10.4 (ii) shall be promptly notified to ITALIANTOUCH via e-mail at the e-mail address specified in Article 16 following. If the case user has chosen for the crediting of the amount as specified in Article 10.4 (i) or Article 10.4 (ii), this will occur as set forth in Article 10.16.
10.5 The terms of delivery are those indicated in the Product Sheet, before the user places the order, and in the e-mail confirming the order. They are effective from the moment the order is placed, except for what expressed in Article 9.3.3. In the case of omission of a term of delivery, this will take place, in any case, within thirty days, effective from the day the contract is concluded. The delivery terms are calculated considering only working days and excluding Saturdays, Sundays and holidays.
10.6 At the time of shipping (i.e. the moment the Products to the carrier), the user shall be sent an e-mail confirming the delivery and containing a link that will allow him/her to track the delivery.
10.7 Deliveries shall be made using the UPS courier service, from Mondays to Fridays in normal office hours, excluding national holidays. ITALIANTOUCH hereby reserves the right to use other carriers and/or to use different forms of delivery. In this case the change shall be indicated in the Product Information Sheet or with another dedicated form of communication.
10.8 The obligation to delivery is fulfilled through the transfer of material availability or, in any case, of the Product(s) control to the user.
10.9 It is the responsibility of the user to check the conditions of the Product upon delivery. Provided that the risk of loss or damage of Products, not attributable to ITALIANTOUCH, is transferred to the user when the user or a third party designated by him/her and other than the carrier materially comes into possession of the Products. The user is strongly advised to check the state of the packaging and the number of Products received and the user is requested, where possible, to indicate any anomalies in the transport document of the carrier. If the package displays signs of tampering or alteration, the user should immediately communicate this to the Customer Service department; it being understood that the regulations regarding the right of withdrawal and legal guarantee of conformity still apply.
10.10 The user takes good notice that collection of the Product is his/her specific obligation deriving from the purchase contract. In the case of non-delivery due to the absence of the consignee at the address specified in the order form, the courier shall leave a notice of passage in the letterbox containing a contact number. The courier shall therefore make a second attempt to deliver the goods. After two failed attempts to deliver the product, the parcel shall be placed in the "unclaimed goods" section. The Customer Service department shall therefore send an e-mail to the user in order to unblock the unclaimed parcel and ensure that the parcel is delivered as soon as possible. If necessary, the Customer Service department shall arrange with the User a change in the delivery address. If this attempt should fail or the user does not reply to the Customer Service department's attempt to make contact, the Product shall be returned to ITALIANTOUCH and, in any case, 30 working days after the first attempt of delivery, the contract shall be deemed to be terminated and the purchase order shall be considered cancelled in accordance with Section 1456 of the Italian Civil Code. ITALIANTOUCH shall therefore proceed, within 15 working days following the termination of the contract, to refund the Total Sum Due paid by the user, deducting the expenses for the unsuccessful delivery of the Product, the expenses for returning the product to ITALIANTOUCH and any other expenses it may have incurred due to the absence of the consignee. The user shall be informed of the termination of the contract and the sum of the refund by e-mail. The refund shall be credited to the same means of payment used by the user for the purchase. If the user has paid via European bank transfer, ITALIANTOUCH will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the payment method used. In any case, the value date of the credited sum shall be the same as the charged sum.
If, before the expiry of the thirty days the user asks to receive the Product again, ITALIANTOUCH shall proceed to arrange for the new delivery upon the charge, as well as the expenses for delivery, of the expenses for the return of the Product to ITALIANTOUCH and the expenses for storage.
10.11 Anyone who has not collected the parcel on more than two occasions cannot make purchases on the Store. If these parties should make orders which violate this provision, the purchase contract can be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code. The user shall be informed of the termination of the contract by e-mail and the Total Sum Due shall be returned to the user using the procedures and terms in accordance with the above Article 10.10.
10.12 If the purchased Product is not delivered or its delivery is delayed with respect to the terms of delivery indicated in the Product Sheet and in the order confirmation, the user, in accordance with Section 61 of the Consumer Code, requests ITALIANTOUCH to carry out the delivery within an additional time limit suitable to the circumstances ("Additional Time Limit ex Section 61, paragraph III, Consumer Code"). If this additional time limit expires before the Products are delivered, the user is entitled to terminate the contract ("Termination of the Contract ex Section 61, paragraph III, Consumer Code"), without prejudice to the right to damage compensation. The user is unencumbered with granting ITALIANTOUCH the Additional Time Limit ex Section 61, paragraph III, Consumer Code ("Excluded Cases") if:
a) ITALIANTOUCH has expressly refused to deliver Products;
b) The compliance to the delivery time specified during the purchase procedure and in the order confirmation shall be considered essential, always considering all the circumstances that have led to entering into the contract ;
c) The user has informed ITALIANTOUCH, before entering into the contract, that the delivery on or before a certain date is to be considered essential.
In the Excluded Cases appendix if the user does not receive the Products on or before the delivery time indicated during the purchase process and in the order confirmation is entitled to terminate the contract immediately, without prejudice to the damage refund ("Termination of the Contract in Excluded Cases").
The specification of the Additional Time Limit ex Section 61, chapter III of the Consumer Code and the notification of the Termination of the Contract ex Section 61, paragraph III, Consumer Code, or Termination of the Contract in Excluded Cases shall be notified by the user to ITALIANTOUCH to the addresses specified in Article 16 following.
In case of Termination of the Contract ex Section 61, paragraph III, Consumer Code or Termination of the Contract in Excluded Cases, ITALIANTOUCH will refund the user the Total Sum Due without undue delay. The refund shall occur as specified in Article 10.16 following.
In case the user does not proceed in setting the Additional Time Limit ex Section 61 paragraph III of the Consumer Code, or, if the conditions occur, in the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in Excluded Cases, except in the case the user avails himself/herself of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, ITALIANTOUCH undertakes to:
i. Promptly notify the user via e-mail of the delayed delivery ("Delay Notice E-mail"), simultaneously specifying the new delivery term, if available ("New Delivery Term");
ii. Refund to the user the delivery expenses, if already paid, within 10 working days of the New Delivery Term due date, in case of delivery with a delay from 1 to 3 working days in respect to the New Delivery Term, or not requesting the payment of the delivery expenses if not yet paid;
iii. allow the user, upon request of the user, to reject the delivery and terminate the contract in case of delivery with a delay from 4 to 10 working days in respect to the New Delivery Term - with consequent refund of the Total Sum Due if already paid, immediately and, anyway, within 10 working days as of the request of termination of the contract - or, as an alternative, in case the user does not intend to terminate the contract, to refund the user the delivery expenses, if already paid, within 10 working days as of the request, or not to request the payment of the delivery expenses if not already paid for;
iv. offer the user, in addition to what expressed in Article. 10.12 above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference upon the user's express acceptance, if the delay is higher than 10 working days in respect to the New Delivery Term or, in any case, higher than 20 working days in respect to the original delivery date.
It is specified that, if the user chose the Real Time Banking Payment (where available) for purchasing the Product initially selected and such Product then proves to be unavailable, whether the user chooses to receive in replacement a Product whom price is higher if compared to that of the product delivered with delay, the contract regarding the Product originally purchased will be terminated (and, consequently, the order will be cancelled and the Total Sum Due paid will be refunded, as regulated in art.5.4 above); as a consequence, a new order, containing the Product requested by the user as a replacement, shall be placed.
10.13 In case of Multiple Orders containing Products which need to be delivered separately, the provision whereof in Article 10.12 above will find independent application for each delivery case. In respect to each delivery and therefore, limited to the Products pertaining the same, the user may proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code and the Termination of the Contract ex Section 61, paragraph III of the Consumer Code, or the Termination of the Contract in Excluded Cases, if the conditions occur. In this case, ITALIANTOUCH will refund the User the Partial Sum Due without undue delay. The refund will occur according to what expressed in Article 10.16 following.
In case the user does not proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code or, if the conditions occur, the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in the Excluded Cases, in regard to each delivery and related Products, without prejudice to the possibility for the user to avail himself/herself at any time of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, ITALIANTOUCH undertakes to:
i. Promptly send to the user the Delay Notice E-mail, simultaneously specifying the new delivery term, if available;
ii. in case of delivery of one of the Products included in the Multiple Order with a delay from 1 to 3 working days in respect to the New Delivery Term, refund the user the delivery expenses, if already paid, calculated as indicated in Article 10.4 above, within 10 working days of the New Delivery Term due date, or not requesting the payment of the delivery expenses, if not yet paid.
iii. Allow the user, upon his/her request, to reject the delivery and partially terminate the contract, limited to and in exclusive reference to the Product included in the Multiple Order that has been delivered with delay, in case of delivery of one of the Products included in the Multiple Order with a delay from 4 to 10 working days in respect to the New Delivery Term, with subsequent refund of the sole amount paid by the user for that specific Product, including delivery expenses, calculated as indicated in Article 10.14 above, immediately and, anyway, within 10 working days as of the request of partial termination of the contract, or, as an alternative, in case the user does not intend to partially terminate the contract, to refund the user - within 10 working days as of the request - the delivery expenses, if already paid, within 10 working days of the request, or not to request the payment of the delivery expenses, if not already paid for. The termination of the entire Multiple Order shall occur only if the not delivered Product(s) of the Multiple Order is/are considered ancillary in respect to the other Product(s) already delivered on time or to be delivered yet.
iv. offer the user, in addition to what expressed in Article 10.13 (iii) above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference, upon the user's express acceptance, if the delay in the delivery of one of the Products included in the Multiple Order is higher than 10 working days in respect to the New Delivery Term, or, in any case, higher than 20 days in respect to the original delivery date.
It is specified that, in this case, if the user chose the Real Time Banking Payment (where available) for the initial transaction and the price of the Product requested as a replacement is higher if compared to that of the product delivered with delay, the contract regarding the Product originally purchased will be partially terminated (and, consequently, the order will be partially cancelled and the Partial Sum Due payed will be refunded, as regulated in art.5.6 heretofore); subsequently, a new order, containing the Product requested by the user as a replacement, will be placed.
10.14 In case of failed sending of the Delay Notice E-mail or failed setting of the same in the New Delivery Term, all terms whereof in Articles 10.12 (ii), (iii) and (iv), and 10.13 (ii), (iii) and (iv) above will become effective starting from the original delivery date.
10.15 The acceptance of the New Delivery Term and, in the cases whereof in Article 10.12 (iii) and (iv), and 10.13 (iii) and (iv), the user's choice shall be promptly notified to ITALIANTOUCH via e-mail to the e-mail address whereof in Article 16 below.
10.16 In all cases whereof in Articles 10.12 and 10.13 above where a refund is due to the user, the sum of the refund shall be notified to the user via e-mail. It shall be credited to the user using the same method of payment used by the user for the purchase. In case of payment via European bank transfer, ITALIANTOUCH will request the user his/her bank account details necessary to the refund. Any delays may depend on the bank or the type of credit card used or the payment method used. In any case the value date of the re-credited sum shall be the same as the charged sum.
11. Right of withdrawal
11.1 The user - who acts as a consumer - has the right to withdraw from the purchase contract of the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in Article 11.7 following, within fourteen calendar days. The withdrawal period ("Withdrawal Period") expires after 14 days:
a) in case of a one-Product order, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the Product;
b) in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last Product; or
c) in case of an order which includes a Product consisting of parcels or multiple items, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last parcel or item.
11.2 To exercise the right of withdrawal, the user must inform ITALIANTOUCH, prior to the expiry of the Withdrawal Period, of his/her decision to withdraw.
11.3 For this purpose, the user may:
a) use the standard withdrawal form available on the Store before the termination of the contract ("Standard Withdrawal Form") and attached to the Order Confirmation e-mail; or
b) present any other declaration in which he/she explicitly states his/her decision of withdrawing from the contract ("Declaration of Withdrawal").
11.4 The user has exercised his/her right of withdrawal within the Withdrawal Period if the notice regarding the exercise of the withdrawal right is sent before the Withdrawal Period expiry date. In case the user avails himself/herself of the Declaration of Withdrawal, the Consumer is requested to indicate in the Declaration of Withdrawal the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address. Since the burden of proof concerning the exercise of the withdrawal right before the expiry of the Withdrawal Period falls on the user, this latter might want to avail himself/herself of a durable support when he/she notifies ITALIANTOUCH his/her withdrawal intentions.
11.5 The user must therefore arrange for the Products to be returned to ITALIANTOUCH without undue delay and in any case before 14 calendar days as of the date the user has informed ITALIANTOUCH of his/her decision to withdraw from the contract. The term is observed if the user sends the Products before the expiry of the previously mentioned 14-days period. As far as the return is concerned, the user shall follow the procedure indicated in Article 11.6 following, as well as the standard withdrawal instructions, containing all information necessary to exercise one's right to withdrawal, available for the users on the Store, before the termination of the contract, and attached to the Order Confirmation e-mail.
11.6 During the period mentioned in art 11.5 above, the user, wishing to return the Product from the same Country in which the Product was originally delivered, shall return the Product, suitably protected and wrapped, via UPS courier service, attaching the pre-printed and prepaid label provided to the user together with the Product to the packaging of the Product. The user may then contact UPS, whose contact address and numbers are indicated in the standard withdrawal instructions, in order to arrange the date and place for collecting the parcel.
In this case, the user will not pay the cost of returning the Product, which will be at ITALIANTOUCH's expense, and will not be liable for the risks of loss or damage of the Product during delivery.
The aforementioned procedure is only available if the user is returning the Product from the same Country in which the Product was originally delivered, as specified in the Order Confirmation E-mail (e.g.: if the user purchased the product X and requested it to be delivered to Italy, such procedure will only be available if the pick-up of the Product the user is returning takes place in Italy).
On the contrary, the user, wishing to return the Product from a Country different from the one in which the Product was originally delivered (as specified in the Order Confirmation E-mail), shall return the Product via the courier service of their choice and at their own expenses, without undue delay and, in any case, within 14 days starting from the day on which the user noticed to ITALIANTOUCH his decision to withdraw from the contract. The deadline will be met if the user has shipped the Product within the 14 days period.
The Product, suitably protected and wrapped, shall be returned to the following address:
ITALIANTOUCH c/o FASHION LOGISTICS
Via Carlo Strinati, 17
29122 Piacenza (PC).
In the case mentioned above, the costs of returning the Product (including custom duties) are at the user's expense and under their responsibilities. In the case of Products which cannot be returned with mail service, an estimate of the cost for returning such Products is provided in Art. 11.5 above.
In any case, regarding the period for returning the Products set forth in Art.11.5 above, the Products will be deemed returned if they are handed to the courier service specified by ITALIANTOUCH or to the post office / courier service chosen by the user.
11.7 If the user withdraws from the contract, ITALIANTOUCH shall proceed in refunding the Total Sum Due paid by the user for the Product, including delivery expenses (except for additional costs deriving from the user's choice to use another delivery method other than the least expensive standard delivery offered by ITALIANTOUCH), without undue delay and any case within and no later than 14 calendar days of the date ITALIANTOUCH was informed of the user's decision to withdraw from the contract. The refund amount shall be notified via e-mail; the refund will occur using the same payment method used by the user for the initial transaction (in case of payment via European bank transfer, ITALIANTOUCH will request the user his/her bank account details necessary for the refund), unless the user has agreed otherwise; in any case the User shall not incur in any additional cost following said refund. The value date of the credited sum shall be the same as the charged sum. In case of partial withdrawal for Multiple Orders, the quantification of the delivery expenses to be refunded the user as a result of his/her withdrawal right shall occur as specified in Article 10.4 above.
11.8 The user is solely liable only for the value reduction of the goods resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product. The Product shall anyway be kept, handled and examined with ordinary due diligence and returned complete in all its parts, perfectly functioning, equipped with all accessories and illustrative sheets, with the identification tags and labels, when present, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it was intended and without signs of wear or soiling. Furthermore the right of withdrawal finds application the Product in its entirety. Therefore it cannot be exercised in relation to parts and/or accessories of the Product.
11.9 If the withdrawal is not exercised in accordance with the applicable law, it shall not lead to the rescission of the contract and, as a consequence, shall not constitute the right to any refund. ITALIANTOUCH shall inform the user within 5 working days of receiving the Product, rejecting the request for withdrawal. In case the Product has already reached ITALIANTOUCH, it shall remain at this latter and will be available to the user for collection, which will take place at the expense and under the responsibility of the user himself/herself.
11.10 In case the Product for which the right of withdrawal has been exercised has undergone a reduction in value resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product, the refund sum will be reduced in the amount of the value reduction. ITALIANTOUCH shall inform the user of this circumstance and of the consequently diminished refund amount within 5 working days of the receipt of the Product, providing the user, in case the refund has already been remitted, the bank account details for the payment, on the part of the user, of the amount due because of the value reduction of the Product.
11.11 In case, after pursuant to the applicable law, the right of withdrawal does not apply, this exemption shall be expressly and specifically indicated in the Product information Sheet and, in any case, during the purchase process, before the user proceeds with the placement of the order.
12. Legal Warranty of Conformity
12.1 All the Products sold on the Store are covered by the Legal Warranty of Conformity as provided by articles 128-135 of the ("Consumer Code") ("Legal Warranty").
12.2 TO WHOM IT APPLIES
The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Store for purposes other than entrepreneurial, commercial, craft or professional activities.
12.3 WHEN IT APPLIES
The seller (and, therefore, with regard to purchases made on the Store, ITALIANTOUCH) is liable vis-à-vis to the consumer for any lack of conformity existent at the time of delivery of the product and which shows up within two years of the said delivery. The seller must be informed of the lack of conformity, under penalty of expiration of the guarantee, within two months from the date in which it was discovered.
Unless proven otherwise, it shall be presumed that the lack of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, the burden of proof to demonstrate that the lack of conformity already existed at the moment of delivery of the product shall lie with the consumer.
In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of the purchase and delivery of the good. It is therefore advisable, to prove the purchase, for the user to keep the invoice sent by ITALIANTOUCH, as well as the transport document or any other document that certifies the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.
12.4 WHAT IS A LACK OF CONFORMITY?
A lack of conformity exists when the purchased good:
i. is not suitable for performing the function for which goods of the same type are normally used;
ii. does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample or model;
iii. does not display the features and performance that are normal for a good of this type, which the consumer could reasonably expect, considering the declarations made in the advertising or on the labelling;
iv. is unsuitable for the specific use desired by the consumer who informed the seller at the time of the completion of the contract, culminating in the seller's acceptance of the situation.
The Legal Warranty does not cover faults or malfunctioning caused by accidental incidents or due to the user's responsibility or by use of the product that does not comply with its intended use and/or the information contained in the technical documentation accompanying the product.
12.5 SOLUTIONS AVAILABLE TO THE USER
In case of a lack of conformity reported within the prescribed period, the user is entitled:
i. firstly, to the repair or free replacement of the good, according to preference, unless the requested solution is objectively impossible or excessively expensive with respect to the other one;
ii. secondly (in cases where repair or replacement are impossible or excessively expensive or where repair or replacement have not been made within a reasonable period of time or where the repair or replacement have caused significant inconvenience to the consumer) to the reduction in the price or to the termination of the contract, according to the preference of the user.
The requested solution is excessively expensive if entails user unreasonable expenses for the seller compared to alternative solutions, considering (i) the value that the good would have if there was no lack of conformity; (ii) the entity of the lack of conformity; (iii) the possibility that the alternative solution can be achieved without significant inconvenience for the consumer.
12.6 WHAT CAN YOU DO WHEN THERE IS A LACK OF CONFORMITY?
If a product purchased on the Store, during the period of validity of the Legal Warranty, should display what could be a lack of conformity, the user can contact the Customer Service as indicated in Article 16. The Customer Service department will reply promptly to the communication, informing the user of the next steps that he/she should take.
The Product which the user claims has a lack of conformity should be sent to ITALIANTOUCH which will evaluate the existence or otherwise of the claimed defect, to the following address:
ITALIANTOUCH
C/O FASHION LOGISTICS
Via Carlo Strinati, 17
29122 Piacenza (PC)
In order to return the Product which, according to the user, presents a lack of conformity, ITALIANTOUCH makes a pre-paid procedure of return via UPS available for the user, at his/her discretion, and without prejudice to the possibility for the user to proceed in returning the Product(s) via another carrier. The user shall use the pre-printed and pre-paid label which can be found inside the parcel containing the Product, applying it on the package of the Product(s) to be returned and following the procedure specified in the accompanying document of the label itself. Should it be requested, the UPS code of the consignee is Y5239E (Italiantouch S.r.l).
ITALIANTOUCH hereby reserves the right to ask the user to enclose to his/her request the invoice and/or transport document or any other document that proves the date of purchase and the delivery date.
13. Manufacturer's Conventional Warranty
13.1 The products sold on the Store may, according to their nature, be covered by a conventional warranty issued by the manufacturer (hereinafter referred to as the "Conventional Warranty"). The user can only assert his/her right to the warranty with the manufacturer. The duration, extension (including geographic extension), conditions and procedures, the types of damage/defects covered and the restrictions of the Conventional Warranty depend on the manufacturer and are indicated in the so-called warranty certificate contained in the product packaging.
The Conventional Warranty has a voluntary nature and does not add to, replace, restrict, prejudice or exclude the Legal Warranty.
14. Flash Sales and Competitions
14.1 ITALIANTOUCH may organize Sale Events and Flash Sales. These sales shall last for a specific and limited period, which will be clearly indicated on the Store, and may be reserved to certain categories of users registered with the Store who will be informed of the start of the sale through a special e-mailed invitation. The special conditions that apply to these sales shall be indicated in the Product Information Sheet.
14.2 ITALIANTOUCH may organise competitions and prize draws reserved for users registered with the Store. The Regulations of each competition or prize draw can be consulted in the relevant section of the Store. If the prizes consist of vouchers or equivalents, they cannot be converted into money.
15. Applicable Law; Alternative Dispute Resolution/Online Dispute Resolution
15.1 The purchase agreement completed on the Store is subject to Italian legislation.
15.2 An exception regards users whose normal residence is not in Italy for whom the more favourable and binding laws of the Country in which they have their normal residence apply. In particular, with regards to the term for exercising the right of withdrawal, the term for the return of the Products (if this right is exercised), the forms and procedures of communicating the right and the Legal Warranty of Conformity.
15.3 For all disputes arising from the application, execution and interpretation of the Terms and Conditions of Sale, the competent court is the court of the place where the user lives or has chosen to reside.
15.4 Pursuant to Art. 141-sexies, 3rd paragraph of Legislative Decree No. 206 dated 6 September 2005 (“Consumer Code”), ITALIANTOUCH informs the user who is a consumer according to Art. 3, 1st paragraph, letter a) of the Consumer Code, that, in cases where a dispute between the consumer and ITALIANTOUCH could not be settled further to a complaint submitted directly by the consumer to ITALIANTOUCH, the latter shall provide the consumer with the information about the Alternative Dispute Resolution entity or entities (so called “ADR entities”, as set forth by Articles 141-bis et ss. of the Consumer Code) for consumer disputes stemming from a contract executed pursuant to these Terms and Conditions of Sale, specifying whether or not it will make use of the relevant ADR entities to settle the dispute. 
Furthermore, ITALIANTOUCH hereby informs the user who is a consumer according to Art. 3, 1st paragraph, letter a) of the Consumer Code, that a European platform for online dispute resolution for consumer disputes (so called “ODR platform”) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumer/odr/ ; through the platform the consumer may find a list of the ADR entities and relevant link to their websites, as well as start an online dispute resolution procedure for resolving his/her dispute. 
The above shall be without prejudice to the consumer’s rights to resort the court competent for the dispute stemming from these Terms and Conditions of Sale, regardless the outcome of the out-of-court procedure, as well as to start, where applicable, an out-of-court dispute resolution procedure pursuant to Chapter V, Title II-bis of the Consumer Code. 
The user who is resident in a member state of the European Union other than Italy may also have access, for any dispute arising from the application, execution and interpretation of the Terms and Conditions of Sale, to the European procedure set up for minor disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00 Euros. The text of the regulation is available for consultation on the website eur-lex.europa.eu.
16. CUSTOMER SERVICE AND COMPLAINTS
16.1 You can request information, send notifications, ask for assistance or submit complaints by contacting ITALIANTOUCH Customer Service ("Customer Service") as specified in the table below and in the following ways:
Store
Country
Phone
Email
Tod's
AT
0800070152
tods@store.italiantouch.com
Tod's
BE
080029561
tods@store.italiantouch.com
Tod's
FR
0800941224
tods@store.italiantouch.com
Tod's
DE
08007236981
tods@store.italiantouch.com
Tod's
IT
800123720
tods@store.italiantouch.com
Tod's
UK
08003681791
tods@store.italiantouch.com
Tod's
ES
900802111
tods@store.italiantouch.com
Tod's
Rest of Europe
+39 02 89623351
tods@store.italiantouch.com
Fay
AT
0800070154
fay@store.italiantouch.com
Fay
BE
080029563
fay@store.italiantouch.com
Fay
FR
0800941226
fay@store.italiantouch.com
Fay
DE
08007236983
fay@store.italiantouch.com
Fay
IT
800124320
fay@store.italiantouch.com
Fay
UK
08003681793
fay@store.italiantouch.com
Fay
ES
900802210
fay@store.italiantouch.com
Fay
Rest of Europe
+39 02 89623353
fay@store.italiantouch.com
Hogan
AT
0800070153
hogan@store.italiantouch.com
Hogan
BE
080029562
hogan@store.italiantouch.com
Hogan
FR
0800941225
hogan@store.italiantouch.com
Hogan
DE
08007236982
hogan@store.italiantouch.com
Hogan
IT
800123799
hogan@store.italiantouch.com
Hogan
UK
08003681792
hogan@store.italiantouch.com
Hogan
ES
900802112
hogan@store.italiantouch.com
Hogan
Rest of Europe
+39 02 89623352
hogan@store.italiantouch.com
Roger Vivier
AT
0800070124
rogervivier@store.italiantouch.com
Roger Vivier
BE
080029059
rogervivier@store.italiantouch.com
Roger Vivier
FR
0800940128
rogervivier@store.italiantouch.com
Roger Vivier
DE
08005737007
rogervivier@store.italiantouch.com
Roger Vivier
IT
800124885
rogervivier@store.italiantouch.com
Roger Vivier
UK
08003582758
rogervivier@store.italiantouch.com
Roger Vivier
ES
900802370
rogervivier@store.italiantouch.com
Roger Vivier
Rest of Europe
+39 02 89623354
rogervivier@store.italiantouch.com

· By e-mail, writing to the listed email addresses or filling in and sending the contact request form available in the "Contact Us" section of the Store;
· By phone (Monday through Friday, from 9 am to 6 pm CET, holidays not included);
· By selecting the "Book a Call Back" option, clicking on the dedicated button in the Product Sheet, "Contact";
· By selecting the "Request Call Back Now" option available in the "Contact Us" section of the Store, which can be activated by entering your phone number, in addition to the other required fields, in the contact request form;
· Via Chat service, by clicking on the dedicated button in the Product Sheet, "Contact" section;
· By mail, writing to ITALIANTOUCH, Via Bergognone 14, 20144 Milano.
ITALIANTOUCH will deal with complaints via e-mail within five days of receipt of the same.

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