Terms and Conditions of Sale
These General Terms and Conditions of Sale (these “Terms and Conditions of Sale”) govern the sale of products by Filoblu USA, Corp. (“FiloBlu”), a Delaware corporation having an address at 350 Fifth Avenue, 41st Floor, New York, NY 10118 to individuals or entities that make purchases (“Customers” or “You”) on the United States section of www.elisabettafranchi.com (hereinafter referred to as the “Site”). The products being sold on the Site are produced by Betty Blue S.p.A. (“Elisabetta Franchi”), an Italian company. The Site is operated under license, and the products are sold by FiloBlu. Your use of the Site to purchase products indicates your agreement to follow and to be bound by these Terms and Conditions of Sale.
1. Products; Orders
The only products offered for sale by FiloBlu are those shown on the Site. FiloBlu and/or Elisabetta Franchi reserves the right to modify or discontinue any product offered for sale on the Site without notice to the Customer. Further, the Customer acknowledges and agrees that all images shown on the product pages or other pages of the Site are shown for information purposes only and may not be wholly representative of the products and their features. Products may have slight variations, including, but not limited to, variations in color and size, from the images shown on the Site, as a result of the varying devices used to view the Site.
All purchase orders (“Orders”) are subject to written acceptance by FiloBlu. Receipt and acceptance of an Order by FiloBlu shall be confirmed by email sent to the email address indicated by the Customer when submitting the Order. All email Order confirmations shall include a summary of the purchase. The purchase of merchandise through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
Orders shall be filled in the order in which they are received by Customers, subject to availability. In the event that FiloBlu, for any reason, cannot fulfill an Order that has already been accepted in writing by FiloBlu, FiloBlu shall notify the Customer in writing by email and refund the Customer any payment or portion thereof that FiloBlu received for the unavailable product(s).
2. Prices and Payment Methods
All prices indicated on the Site shall be in U.S. Dollars, and shall be exclusive of applicable sales taxes and shipping charges. All applicable sales taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an Order. The amount of sales tax and other charges shall depend on various factors, including, without limitation, the type of product purchased, the sales price and the destination of the shipment. Sales tax regulations may change between the time You place an Order and the time payment is cleared, which may affect the calculation of sales tax. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the shipping confirmation e-mail You will receive. FiloBlu reserves the right to change the prices of any products at any time.
Customers may make payments through any of the following methods:
(i) Credit card*
*Where products are purchased using a credit card, the transaction may be performed via the PayPal secure server or another secure server as chosen by FiloBlu. Under no circumstances and at no stage of the transaction shall FiloBlu be able to access the Customer’s credit card information, which shall be transmitted through a secure connection directly to the banking institute that manages the transaction. No electronic record of said details shall be held by FiloBlu and therefore under no circumstances shall FiloBlu be held liable for any fraudulent and unauthorized use of credit cards by third parties at the time of payment.
†Customers may pay via PayPal in accordance PayPal’s terms and conditions of use.
All prices and offers remain valid as advertised from time to time provided, however, that FiloBlu reserves the right to correct any and all typographical mistakes, inaccuracies or omissions relating to pricing and/or product availability, including after an order has been placed by the customer, and to change or update information at any time without prior notice.
If you are a Customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
You confirm that You are the holder or authorized user of the credit/debit card(s) You use to make purchases on the Site, and that any other personal information disclosed to FiloBlu in connection with a product purchase is personal to You, accurate and up-to-date. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to FiloBlu, FiloBlu will not be liable for any delay or non-delivery.
The products purchased shall be shipped to the address indicated by the Customer in connection with the Order as soon as reasonably practicable after FiloBlu’s receipt of payment in full for the Order. Generally, FiloBlu ships within 24 to 48 hours of receipt of payment in full; however, the foregoing notwithstanding, the shipment and delivery dates set forth in any Order, Order acceptance or in these Terms and Conditions are estimates only and such estimates shall not be deemed a representation by FiloBlu. FiloBlu shall not be liable for failure to ship or deliver the products as estimated, and the Customer shall not be entitled to any refunds or cancellation of Orders as a result of delayed shipment. The entire cost of delivery shall be borne by the Customer in advance of shipment. FiloBlu reserves the right to accept or refuse requests for delivery outside of the United States and its territories. In the event FiloBlu accepts any such request, all costs and expenses associated with delivery outside of the United States, including customs duties and taxes, shall be borne by the Customer in advance of shipment.
In the event that FiloBlu discovers that they are unable to ship an Order within thirty (30) days of receipt of payment in full, You will receive an email from FiloBlu notifying You of the delay in shipment; at such time You will have the option of cancelling your Order for a full refund or consenting to the delay.
FiloBlu ships all products in good and undamaged condition. Upon delivery of the products to the applicable carrier, the risk of loss or damage shifts to the Customer. Delivery is deemed complete and title to the products passes to the Customer upon acceptance of the shipment by a common carrier. Promptly upon the receipt of a shipment of products, the Customer shall examine the shipment to determine whether the shipment conforms to the applicable Order and/or whether any product(s) included in the shipment are defective or damaged. In the event of a non-conformity, damage or defect, the Customer must send written notice of the same within seven (7) days of Customer’s receipt of the shipment to FiloBlu at the following email address: firstname.lastname@example.org (a “Defect Notice”). A Defect Notice must set forth the specific nature of the defect, damage or non-conformity, and must indicate whether the Customer desires to return the product upon receipt and review of a Defect Notice, FiloBlu shall contact the Customer with instructions regarding the return or exchange of the product. FiloBlu reserves the right to deny the return or exchange of any non-conforming, damaged or defective product at its sole and exclusive discretion.
For more information regarding returns and exchanges please see our Return and Exchange Policy.
4. Disclaimers and Limitation on Liability
FILOBLU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS SOLD ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FILOBLU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL FILOBLU OR ELISABETTA FRANCHI BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, DELAY OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM STATE TO STATE. NOTHING IN THE FOREGOING DISCLAIMER OR LIMITATION OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER THAT IS A RESIDENT OF NEW JERSEY (i) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (ii) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (iii) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. IN NO EVENT SHALL FILOBLU’S OR ELISABETTA FRANCHI’S LIABILITY EXCEED, IN THE AGGREGATE, THE TOTAL PURCHASE PRICE, IF ANY, RECEIVED BY FILOBLU OR ELISABETTA FRANCHI, AS APPLICABLE, FOR THE PRODUCTS.
5. Complaints and Requests for Information
FiloBlu’s Customer Care department is available for all enquiries regarding orders, deliveries, purchases, complaints, requests for information and, more generally, these Terms and Conditions of Sale:
Telephone: +1 8002501921
from Monday to Friday, from 9 AM to 1PM and from 2PM to 6 PM EST
These Terms and Conditions of Sale and their interpretation shall be governed by the laws of the State of New York without regard to conflicts of law rules. Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.
Neither FiloBlu, Elisabetta Franchi nor any of their respective affiliates shall be liable for failure to deliver or for delay in delivery or performance due to: (i) a cause beyond its reasonable control; (ii) an act of God, act or omission of the Customer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation; or, (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.
Any notice required or permitted to be given under these Terms and Conditions of Sale shall be made in writing and shall be deemed to have been given (i) if personally delivered, or (ii) if sent by registered or certified mail, postage prepaid, return receipt requested, (iii) if sent by nationally or internationally recognized delivery service, or (iv) if sent by email. Notices shall be deemed to have been received (i) immediately, if personally delivered, or (ii) upon receipt as indicated by the date on the signed receipt, if sent by registered or certified mail, postage prepaid, return receipt requested, or by nationally or internationally recognized delivery service, or (iii) upon confirmation of receipt by the recipient if sent by email.