Terms and conditions

1. Introduction

1.1. The sale of "SWANKY Milano" branded products concluded remotely through this site (hereinafter referred to as the "Website") is governed by the following General Conditions of Sale.
The products offered on the Site are sold directly by FePi Milano srls (hereinafter referred to as "FePi"). FePi is a company incorporated under Italian law, with registered office in Via Pietro Custodi 5/A – 20136 Milan (MI) – Italy, VAT number, tax code and registration number in the Milan Company Register 11278550964, REA no. MI 2591660.

1.2. The use of the remote sales service governed by these General Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as "Customer" or, in the plural, "Customers") understood as natural persons who act for purposes not related to commercial, entrepreneurial, artisanal or professional activity possibly carried out, over the age of 18 (or, if minors, authorized by their legal representative).
The resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.

1.3. The products offered for sale on the Website may be delivered worldwide.

1.4. The language used for the conclusion of the sales contract through this Website is Italian.

1.5. These General Conditions of Sale are published on the Website in order to allow them to be known as well as memorization and reproduction by the Customer in accordance with current legislation.

1.6. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in effect at the time of purchase.
FePi reserves the right to make changes and/or additions to these General Conditions of Sale at any time.
Any changes and/or additions will be effective only in relation to purchases made after the date of publication of the new version of the General Conditions of Sale.
The replacement of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability of the same towards FePi in relation to purchases made after their elimination from the Website and this also in the event that said General Conditions of Sale Sale are in any case consultable and/or accessible to the public through other websites, other than the one indicated above.

2. Availability of products

2.1. The Customer acknowledges that the products offered by FePi on the Website (hereinafter referred to as the "Products") are limited in number and is therefore aware that FePi will have to check their availability at the time of purchase.

2.2. Inconveniences may occasionally occur in relation to the availability of certain Products. In such circumstances, FePi will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of his order.
In the case of only partial availability, the customer will be informed. Therefore, the Customer agrees to receive only the available Products, unless he has selected the option to receive the entire order on the Site. In this case the Customer will be asked if he prefers to receive the available Products or proceed with the total cancellation of the order.

2.3. FePi reserves the right to vary the items offered for sale on the Website at any time, without notice.

3. Purchase procedure

3.1. Each Product offered for sale on the Website can be viewed via a specific link which allows you to view the photographic images of the item, the unit price, the colors and the different sizes (where existing). The estimated delivery dates for those Products expressly indicated on the Website as "Pre-Order" or as "Pre-Order Products" or as "Customized Products", being Products not yet ready for shipment, will be indicated in the relative link to the product itself.

3.2. The Customer may purchase one or more Products. FePi reserves the right to change the limits on the quantities of Products that can be purchased through the Website at any time.

3.3. The Products chosen by the Customer will be placed in a special section (hereinafter referred to as the "Cart").
The description of the Products, including the measurements or sizes (where existing), together with one or more photographic images in digital format, which allow a correct representation of the Products, will be included in the Customer's Cart.

3.4. Although FePi constantly adopts measures aimed at ensuring that the photographs shown on the Website faithfully reproduce the original products, some variations are always possible due to the technical characteristics and color resolution of the device used by the Customer. Consequently, FePi will not be responsible for any inadequacy of the graphical representations of the Products shown on the Website if due to the aforementioned technical reasons.

3.5. To view the selected Products and the total price of the purchase order, it is necessary to access the Cart page.
The Customer, before confirming his order proposal (hereinafter referred to as the "Order Proposal"), is required to verify the accuracy of the contents of the Shopping Cart and complete the purchase form according to the instructions provided on the Site Web.

3.6. The purchase procedure ends when the Customer selects the appropriate final order confirmation button (hereinafter referred to as the "Purchase Button"), thus validating his Order Proposal, which will be sent directly to FePi .
After selecting the Purchase Button, the content of the Order Proposal can no longer be modified by the Customer.

3.7. Before confirming the Order Proposal, the Customer must declare that he has read and accepted these General Conditions of Sale. At the end of the purchase procedure, the Customer should save or print the General Conditions of Sale.

3.8. The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to FePi.

3.9. Each Order Proposal and the Customer's data necessary for the purchase will be archived by FePi for the period of time and in compliance with the conditions established by current legislation.
Any use of the data for purposes other than the purchase will be subject to a prior and express consent of the Customer, on the basis of the conditions specified in the "Privacy Policy" published on the Website.

3.10. Customers who have registered in the reserved area of ​​the Website will be able to check the status of their order by logging into this area and entering the page relating to their orders.

3.11. The Customer is aware that he is responsible for the correctness and truthfulness of all the data entered on the Website or in any case used during the purchase phase.

3.12. The Customer is also aware of the fact that on the Website he also has the possibility:

– to pre-order a selection of Products before their commercial launch or their distribution and placing on the market, e
– to order Products that you wish to permanently personalize by adding permanent modifications in the manner indicated on the Site (by way of example, by embroidery).

The Customer acknowledges that these Products are not yet available for shipment at the time the Order Proposal is sent. The Products which can be pre-ordered by the Customer are clearly identified and indicated on the Website through the expressions "Pre-Order", "Pre-order" or "Pre-Order Products", and the Products which can be customized by the Customers are clearly identified and indicated on the Site with the wording "Personalized Products".

3.13. The Customer acknowledges and accepts that if he pre-orders a Product and/or orders a Personalized Product, the relative price shown on the Website and displayed in the Cart section will be charged to the Customer in advance, i.e. upon receipt of the Confirmation Email, so as defined in point 4.2 below, although the Pre-Ordered Product and the Customized Product are not ready for shipment at that time.
The Pre-Ordered Product and the Customized Product will be delivered to the Customer by the relevant estimated date specified on the Product description page.
If the Order Proposal sent by the Customer also contains one or more Pre-Order Products and/or Customized Products, in addition to the Products already available, the prices of all Products relating to this Order Proposal will be charged to the Customer in advance, i.e. upon receipt of the Confirmation Email, even if the Pre-Ordered Products and Customized Products will be delivered by the latest relevant estimated delivery date, as indicated on the Product description pages.

3.14. All further details relating to payment, delivery and confirmation of Pre-Ordered Products and Customized Products are specified in the respective sections below.

3.15. The Customer acknowledges and accepts that, with the exception of what is expressly provided here for Pre-Ordered Products and Customized Products, the other clauses of these General Terms and Conditions of Sale also apply to Pre-Ordered Products and Customized Products .

4. Conclusion of the contract

4.1. Following confirmation of the Order Proposal, the order is sent to FePi to be processed and cannot be further modified or cancelled.
The Order Proposal issued by the Customer will be taken over by FePi only if the entire purchase procedure has been completed regularly, without any errors being highlighted by the Website.
After placing the Order Proposal, the Client will receive an email in which FePi will notify that it has received the Order Proposal. This email cannot be understood as acceptance of the Order Proposal. The acceptance of the Order Proposal by FePi and the conclusion of the contract will take place according to the provisions of point 4.2 below.

4.2. The contract stipulated between FePi and the Customer must be considered concluded when the Customer receives one or more confirmation emails from FePi (hereinafter referred to as the "Confirmation Email").
The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase, such as: the description of the Product and its main characteristics, the total price of the order , including any shipping costs, the address for submitting any complaints, information on after-sales assistance services, the existence of the right of withdrawal and the relative methods of exercising it.

4.3. FePi reserves the right not to accept the Order Proposal issued by a Customer in the following cases:

1. a) unavailability of the Products included in the Order Proposal despite what is applicable to the Pre-Ordered Products;

   b) existence of a legal dispute between FePi and the Customer relating to a previous order;

   c) if the Customer on previous occasions has committed violations of the General Conditions of Sale or has not fulfilled his obligations;

   d) if it has emerged that the Customer purchases the Products for the purpose of reselling or transferring them for commercial or professional purposes;

   e) if the Client has been involved or is suspected of illegal or fraudulent activities.

In the aforementioned hypotheses, FePi will notify the Customer by e-mail, within 30 (thirty) days from the date of effective receipt of the Order Proposal, of any cancellation of the orders received. In this case, no Order Proposal shall be considered accepted by FePi and no contract shall be considered concluded between FePi and the Customer.

4.4. In the event of partial availability of the Product ordered, if the Customer has selected the option to receive the entire Order, he will be asked whether he wishes to receive the available Products or cancel the Order completely. If the cancellation is only partial, the Customer will be charged only for the amount relating to the Products actually purchased.
Unless he has selected the option to receive the entire Order as a whole on the Site, the Customer agrees to receive only the available Products.

5. Price and Payment Method

5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.

5.2. These prices will be indicated in Euros (EUR) for all Products.

5.3. The total amount of the price shown in the Cart includes any shipping costs, which will be indicated separately.
In any case, FePi will ask for the Customer's express consent for any additional additional cost.

5.4. The prices published on the Website and shown on the Shopping Cart at the time of confirmation of the Order Proposal by selecting the Purchase Button by the Customer will be charged to the Customer, provided that there is availability at that time of the Products ordered, with the exception of the Order Proposals containing Pre-Ordered Products and/or Customized Products for which the relative price will be charged in advance to the Customer as provided for in point 5.6 below, even if at that moment such Products are not yet ready for shipment.
FePi reserves the right to change the prices of the Products offered for sale on the Website at any time and without notice.

5.5. FePi only accepts credit cards and other payment methods expressly indicated on the Website.

5.6. For the purposes of payment by credit card, the Customer confirms and guarantees that he is the holder of the credit card used for the purchase and the correctness of all the data relating to it, entered during the purchase phase, such as: number, date expiration date and, if necessary, the security code.
The transaction will be charged to the Customer only after:

(i) verification of credit card details, (ii) receipt of debit authorization from the company issuing the credit card used by the Customer and (iii) confirmation of product availability by FePi and in any case after the order is ready to be processed.

The entire transaction relating both to orders containing only Pre-Order Products or Customized Products not yet ready for shipment at the time of the Confirmation Email and to orders also containing Pre-Order Products and/or Customized Products will be charged for all Products, including those already available, upon receipt of the Confirmation Email.
Therefore, no charge will be made when the Order Proposal is sent.

5.7. For the purpose of paying through others providers of payment services, the Customer confirms and guarantees that he is the holder of the account used for the purchase.
The transaction will be charged to the Customer only after the latter has received the Confirmation Email from FePi.

5.8. The shipment of the purchased Products will be made only after the payment of the amount due by the Customer has been successful.
In the event that, for any reason, the debiting of the amounts due by the Customer proves impossible, the sales process will be automatically canceled and the sale cancelled, as per the communication that will be sent to the Customer.

5.9. In the event that one or more Products are unavailable and the Customer has decided not to cancel the order in full, only the price and any shipping costs relating to the available Products will be charged.

6. Delivery

6.1. Customers will receive the Products separately as soon as they are ready for shipment, unless the Customer has selected the option on the Site to receive the entire Order in a single shipment. The Products will be shipped to the address indicated by the Customer in the Order Proposal. The Customer's signature will be required upon delivery of the Products.

6.2. For security reasons, FePi will not process any order addressed to a post office box, nor will it accept any order in which it is not possible to identify the natural person receiving the order and his/her address.

6.3. The Products sold on the Website may only be delivered to the countries indicated above (article 1.3). Therefore, any Order Proposals with shipments to be made outside these countries will be automatically rejected during the order processing procedure.

6.4. In cases where the shipping costs are charged to the Customer, these will be expressly indicated, separately from any other cost or expense, at the conclusion of the procedure for completing the Order Proposal and prior to the selection of the Purchase Button by the Customer.

6.5. In accordance with current legislation, the maximum term within which FePi will have to deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract and with the exception of force majeure events.

In the event that the relevant Order concerns Pre-Ordered Products and/or Customized Products, the delivery date will be more than 30 days and FePi will deliver such Products on the estimated delivery date or during the estimated delivery period agreed with the Customer , as specifically indicated to the Customer on the Product description page.

6.6. If FePi does not deliver the Products ordered within the aforementioned term, the Customer must ask FePi to deliver within an additional term appropriate to the circumstances, in accordance with current legislation.

The Customer has the right to immediately terminate the contract if the ordered Product is not delivered within the additional term indicated, if any.

6.7. FePi will have the right to divide the Order into several shipments, based on the availability of the Products for delivery, and the Customer will receive the Products separately based on their availability for shipment, unless he has selected the option on the Website. to receive the entire Order in one shipment. FePi may charge the price to the Customer separately only for the Products actually shipped or in a lump sum.

6.8. Upon shipment of the purchased Product, the Customer will receive an e-mail at the address indicated in the Order Proposal. This e-mail will contain a shipment tracking code and an exclusive link that will allow real-time delivery tracking.
FePi's Customer Service will provide assistance for any possible problem related to the delivery. The Customer can contact FePi's Customer Service by e-mail at the address: info@swankymilano.com .

6.9. The Customer will assume the risk of loss or damage to the Products only when the same, or a third party designated by him and other than the carrier, will physically come into possession of such Products.
In the event that, on the contrary, the loss or damage to the Product occurs before the material delivery to the Customer or to a third party designated by him, FePi will refund the Customer the amounts already paid.

7. Product Compliance

7.1. Upon delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not have production defects or lack of conformity. The legal guarantees established by current legislation are applicable to the sale of the Products, as well as any further conventional guarantees provided to the Customer.

7.2. In the event of the existence of production defects or lack of conformity, the Customer will have the right to restore, without charge, the conformity of the Product by repair or replacement, unless the remedy requested is objectively impossible or excessively expensive compared to the other. If one of the hypotheses provided for by law occurs, the Customer may request an appropriate reduction in the price or the termination of the contract and the consequent reimbursement of the price paid. It is understood that the Customer loses this right if he does not report the lack of conformity to FePi within the term of 2 (two) months from the date on which he discovered the defect. In any case, FePi is liable only for lack of conformity that occurs within 2 (two) years of delivery of the Product. The direct action to enforce the defects is prescribed within 26 (twenty-six) months from the delivery of the Product.

7.3. In order to report the presence of faults and defects in the Products and obtain one of the remedies listed above, the Customer may contact FePi at the addresses indicated in article 12 below.

8. Returns and refunds - Withdrawal

8.1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery or collection of the Products, except in the case of Personalized Products. In the case of a split order, this term starts from the day of delivery or collection of the last Product.

8.2. To exercise the right of withdrawal, the Customer must contact FePi by sending an email to info@swankymilano.com requesting its return.

8.3. The Customer undertakes to return the Products for which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the contract to FePi.

8.4. The Products must be returned in the same state in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, accompanied by all the labels with which they were received. In the event that a Product is provided with a security label, the return of the Product will not be accepted if the original security label has been removed, broken or tampered with. The Customer also acknowledges that, for safety and hygienic-sanitary reasons, the perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. FePi will check the packaging and the condition of the individual returned Products, constituting their substantial integrity as an essential requirement for exercising the right of withdrawal.
FePi reserves the right to refuse the return of those Products that should be damaged, deteriorated, dirty or are in a state such as to suggest, unequivocally, that they have been used for purposes other than the Customer's checks strictly necessary to ascertain the nature and characteristics of the Product purchased.
In case of refusal of the return, FePi will send a specific communication to the Customer and will not proceed with the re-crediting of the price paid by the same, also reserving the right to request compensation for any damage attributable to the Customer's conduct.

8.5. The refund of the price of the returned Products will be made by FePi without undue delay and in any case within 14 (fourteen) days from the date on which FePi became aware of the exercise of the right of withdrawal by the Customer.
In any case, FePi reserves the right to withhold the refund until it has received and checked the Product or until the Customer demonstrates that he has returned the product correctly and in intact condition, taking into account the situation which occurs first.
The aforementioned refund will be made by crediting the amount paid by the Customer to be made with the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and on condition that he/she does not have to incur any costs as a consequence of the refund.
FePi will confirm the refund of the price to the Customer by e-mail.

8.6. The delivery costs of the return will be borne by the Customer.

8.7. The return of the Products pursuant to this article is permitted only in relation to purchases made on the Website.

8.8. In consideration of the fact that the Personalized Products are permanently modified and personalized products specifically for the Customer and that their original production cannot in any way be restored, the right of withdrawal cannot be exercised by the Customer for Personalized Products. Consequently, the provisions contained in this article 8 do not apply to Personalized Products, it being understood that the exclusion of Personalized Products from the right of withdrawal will not affect the application of the legal guarantees, provided for in the previous article 7, also to such products.

9. Limitation of Liability

9.1. Apart from cases of willful misconduct or gross negligence, FePi will in no way be liable to the Customer for indirect or consequential damages that may derive from the purchase of Products offered for sale on the Website.

10. Product authenticity and intellectual property rights

10.1. FePi guarantees the authenticity and high quality of all Products offered for sale on the Website.

10.2. The "SWANKY Milano" trademark, as well as all the figurative and non-figurative trademarks and more generally all the other trademarks, illustrations, images and logos present on the "SWANKY Milano" products, on the related accessories and/or packaging, whether registered or not, are and remain the exclusive property of FePi. The total or partial reproduction, modification, tampering or use of these trademarks, illustrations, images and logos, for any reason and on any medium, are strictly prohibited.

11. Disputes

11.1. These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any different mandatory rule, more favorable towards the Customer, applicable in the Country of habitual residence of the Customer.

11.2. In the event of a dispute deriving from the interpretation and/or application of these General Conditions of Sale, the Court of the place of domicile or residence of the Customer will have exclusive and mandatory jurisdiction, if located in the territory of the Italian State. If the Customer's domicile or residence is located in a territory other than the Italian State, the Customer may appeal, at his choice, to the Court of his place of residence or domicile or to the Court of Milan.
Alternatively, the Customer may promote one of the out-of-court settlement procedures for disputes envisaged by current legislation. To this end, the Customer may use the online platform made available by the European Commission, which can be accessed via the website http://ec.europa.eu/odr .