Terms and conditions

1 DEFINITIONS

1.1  “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

1.2 “Consumer” shall have the meaning of a person who purchases goods and services for personal use;

1.3  “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

1.4  “Goods” means the articles that the Buyer agrees to buy from the Supplier;

1.5  “Services” means the services that the Buyer agrees to buy from the Supplier;

1.6  “Supplier” means Fortuny Srl of San Marco 2425, Venice (Italy) that owns and operates FORTUNY.SHOP, FORTUNY.IT, FORTUNY.US, FORTUNY.FR, FORTUNY.DE, FORTUNY.COM.ES and all of their subdomains;

1.7  “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.8  “Website” means FORTUNY.SHOP, FORTUNY.IT, FORTUNY.US, FORTUNY.FR, FORTUNY.DE, FORTUNY.COM.ES and all of their subdomains.

 

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

2.6 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.

 

3 ORDERING

3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier.  The Supplier may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

 

4 PRICE AND PAYMENT

4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is exclusive of VAT.  Where applicable, the price excludes delivery charges.

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made by credit card

4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

 

5 PERFORMANCE OF SERVICES

5.1 The Supplier shall begin to perform the Services immediately after acceptance of order.

5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

 

6 RIGHTS OF SUPPLIER

6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

 

7 AGE OF CONSENT

7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.

7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.

 

8 DELIVERY

8.1 Goods supplied within Italy will normally be delivered within 30 working days of acceptance of order.

8.2 Goods supplied outside the Italy will normally be delivered within 30 working days of acceptance of order.

8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

8.4 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery.  In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

8.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

 

9 CANCELLATION AND RETURN

We do accept returns, but please get authorisation from our customer services department before sending items back to us.

Contact us at [email protected], including your:

  • Name & full address
  • Order number
  • Items to be returned
  • Reason for return

Please note:

  • We cannot be responsible for any missing or damaged goods if we’re not notified within 24 hours of the time you received your order. Please check your boxes immediately upon receipt.
  • Sale items are not eligible for return. Defective sale products will be repaired or replaced at our discretion.
  • Lamps are “made-to-order” and are not returnable
  • Items that have been installed or are not in the original packaging are not returnable.
  • We will credit your account once we’ve inspected your item and validated your return.

 

10  GIFT VOUCHERS

In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:

10.1       Gift vouchers will be dispatched within 1 week  of acceptance of order and will be delivered by e-mail. Payment must be made by credit card.

10.2       The Buyer must notify the Supplier of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.

10.3       Risk of loss, destruction or damage to the vouchers remains with the Supplier until delivery to the Buyer where upon risk shall pass to the Buyer.

10.4       Gift vouchers may be exchanged for goods at www.fortuny.shop. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer’s order.

10.5       Gift vouchers are valid for 1 year from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.

 

11  LIMITATION OF LIABILITY

11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

11.2  Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

 

12  WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

13  FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

 

14  SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

15  CHANGES TO TERMS AND CONDITIONS

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

 

16  GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of Italy and the parties hereby submit to the exclusive jurisdiction of the Italian courts.

 

17  ONLINE DISPUTE RESOLUTION

The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Data Controller is available to answer any question sent by email to the email address [email protected]