1.1 The offer and sale of products on the website www.canali.com (the "Website") constitute a distance contract.
The offer and sale of CANALI products (the "Products") in the Member States of the European Union (namely: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the Netherlands), as well as in Norway and Switzerland (collectively, the "Territory") via the Website, shall be governed by these general terms and conditions of sale (the "Terms") and the applicable laws. These Terms are applicable to all distance sales of Products concluded through the Website within the Territory as further specified below.
1.2 The selling party is: CANALI S.P.A. UNIPERSONALE (hereinafter also 'CANALI'), with registered offices in Via Lombardia 17/19, 20845 - SOVICO (MB) – ITALY; R.E.A. (Economic and Administrative Index) 432308 Tax code and Monza and Brianza Register of Companies No 00807810155, VAT 00694880964 ("Seller").
1.3 You can contact our Customer Service either by phone: 800 98 90 60 (from Italy), 800 94 41 26 (from France), 900 822 593 (from Spain), 800 72 43 457 (from Germany), 800 72 43 457 (from Holland) or +39 02 23345 876 (from Other EU Countries) or by e-mail: customer.care[AT]canali.com.
1.5 These Terms do not govern the provision of services or the sale of Products by parties other than CANALI, even if they are present on the Website via links, banners or other hypertext links.
1.6 Customers residing in the territories of France, Germany, Italy, Norway, Spain and Switzerland will have access to a local version of the Website ("Local Website"), while Customers residing in the remaining territories belonging to the EU and listed at the beginning of these Terms will have access to a only and same version of the Website ("Website for Other EU Countries").
2.1 These Terms shall be published on the Website in order to allow their knowledge, examination, retention and reproduction by the Customer. CANALI reserves the right, at its sole discretion and at any time, to amend these Terms. The new and updated version of these Terms shall be effective from the date of their publication on the Website and shall not affect an order already placed.
3.1 Purchase orders sent by the Customer (the “Order” or “Orders”) may only be placed through the Website by persons of legal age and who are not in a state of legal incapacity.
4.1 The Customer chooses the Products, available on the Website and places them in the specific virtual shopping bag ("Shopping Bag") for the purchase. The presentation of the Products on the Website does not constitute a legally binding offer, but merely an invitation to place orders.
4.2 The description and essential characteristics of the Products, including information regarding details and composition, as well as fit, colors and sizes (where applicable), are presented on the Website within each "Product Sheet" together with one or more photographs of the same in digital format. Furthermore, the purchase price of each Product is indicated on the Website.
4.3 Although CANALI takes measures to ensure that the photographs of the Products and its packaging published on the Website are faithful reproductions of its Products offered for sale via the Website and its packaging, these photographs may not, however, faithfully represent the Products and its packaging. This could be due to various reasons, such as, by way of example, the graphic rendering of the browser and/or monitor used by the Customer. In this case, any graphic distinctions between the photographs shown on the website and the actually Product delivered shall not be deemed a defect in the quality of the goods.
4.4 CANALI reserves the right, at its sole discretion, to remove any Product from the Website at any time and/or to remove or modify any material or content thereof. CANALI disclaims any liability towards Customers or third parties for the removal of any Product from the Website.
4.5 Throughout the purchasing procedure of the Products, the Customer will always be shown a summary of the Order and the personal data provided. Before proceeding with the Order Transmission, as defined below, the Customer is required to verify the accuracy of the contents of the virtual Shopping Bag and may correct any data entry errors using the remove button(s) in the shopping bag or the edit button(s) in the course of the order process on the Website.
4.6 Customers who are not already registered or who do not intend to register on the Website or who have decided to access without logging in are required to enter their e-mail address, either directly or via third party services (by way of example, by logging in to their social accounts). CANALI is not responsible for the operation and activities connected with the use of such third-party services, including the relevant general terms and conditions of use and privacy policies applied by such third parties to be found on their websites and used by the Customer.
4.8 Customers shall then select the shipping method chosen and specify the shipping address. If Customers choose the method of collection from CANALI points of sale or from express courier pick-up points, partner of CANALI, they shall also specify the chosen address from those available.
4.9 The customer wishing to receive the invoice will be asked to indicate the billing address and to fill in all the necessary fields for the invoice to be issued. The Customer is then asked to select the chosen payment method from the payment methods indicated on the Website and to enter the required data. Depending on the payment method chosen, the Customer may be directed to a third party website (e.g. PayPal).
4.10 Before completing the purchase, the Customer may enter, in the appropriate section, any promotional code he or she may have. If Canali has reasonable grounds to believe that a Customer is abusing promotional codes, the Canali reserves absolute discretion to reject such order and/or disapply such discount, for example, if Canali believes a Customer is using promotional codes for commercial purposes.
4.11 The Customer is then asked to click the appropriate button bearing the words "PROCEED WITH PAYMENT " to authorize payment, thus enabling the legally binding Order to be entered into. By sending the Order, the Customer declares having read and fully accepted the current Terms as well as having read all further information on the Website.
4.12 In the event that the debiting of the total amount due ("Total Amount Due") by the Customer is not confirmed or fails, and/or proves impossible for any reason, the Customer is informed accordingly and is invited to correct the payment data and/or enter a new payment method. Otherwise, the Order shall not be transmitted to CANALI.
4.13 Conversely, when payment of the Total Amount Due is successful, the Order is transmitted to CANALI ("Order Transmission").
4.14 Following the Order Transmission, the Customer will receive an email confirming the Order at the email address indicated, containing a link to the Terms applicable to the Order, the information related to the Order number and the relevant date of purchase, the Products ordered, their price, the amount of the Order including delivery costs and applicable taxes, the existence of the right of withdrawal, the indication of the time and the modalities for the possible return of the Product in case the right of withdrawal is exercised, the indication of the shipping method chosen, as well as the information related to the Customer care services ("Order Confirmation Email"). The contract between CANALI and the Customer (the "Contract") is concluded when the Order Confirmation Email is received by the Customer, without prejudice to the cases of rejection of the Order as set out below.
4.15 In addition to Italian, the Contract may be concluded in the following languages: English, French, German and Spanish. Customer Service is able to communicate with the Customer in the same languages as above. The Customer is also informed that the Customer Service will in any case be at the Customer's disposal for any clarification and need for assistance on the Order placed.
4.16 When the Product is ready for shipment, CANALI shall send the Customer an email containing the shipment tracking code ("Email Shipping Confirmation") which, for Customers who have chosen to register on the Website, is also available by accessing the "My Account" section. In any case, for any information regarding delivery, the Customer may contact CANALI Customer Service in the manner set out in article 1.3 above.
4.17 The Order is then stored in the CANALI database for the time necessary to execute it and, in any case, within the terms established by law in relation to the specific type of documentation constituting the Order itself. To access the Order, the Customer, if registered, may consult the "My Account" section of the Website and, in any case, may always refer to the Order Confirmation Email. CANALI does not store the Contract and the applicable Terms for the Customer beyond this.
5.1 The Customer acknowledges that the Products are limited in number and is, therefore, aware that it may occasionally occur that one or more of the Products referred to in the Order are not available.
5.2 Should all the Products not be available, the Customer will be informed by e-mail of this circumstance as well as of the consequent rejection of the Order. Such notification will be sent without undue delay. Therefore, the request for reimbursement of any amount paid for that specific Product will be sent without undue delay to the payment gateway of the same payment method chosen by the Customer at the time of purchase. For the sake of clarity, it is understood that CANALI will not pay any additional compensation to the Customer.
5.3 Should only some of the Products purchased by the Customer be unavailable, the Order will be rejected only for those Products, in accordance with the procedure set out in article 5.2 above. It is understood that the Order will instead be processed in relation to the Products that are available, unless the Customer informs CANALI in writing of its intention to reject the entire Order. Any amounts already paid by the Customer for Products that are not available will be refunded without undue delay, by using the same payment method chosen by the Customer at the time of purchase. For the sake of clarity, it is understood that CANALI will not pay any additional compensation to the Customer.
6.1 Following the transmission of the Order, the Customer may no longer modify it but may cancel it until the Products have been shipped, by contacting CANALI Customer Service by telephone, as specified in Article 1.3 above. In this case, the Contract shall be refunded no longer effective and any amounts already paid by the Customer for the Order shall be refunded using the same payment method chosen by the Customer at the time of the purchase. This right is in addition to and does not modify the right of withdrawal that, in any case, following receipt of the Products, the Customer may exercise as better specified in Article 13 below.
7.1 Registration on the Website and the creation of an account by the Customer is optional and not mandatory.
7.2 Customers who have decided to register can always access their Order and these Terms, as well as all the information on the exercise of withdrawal, by consulting the "My Account" section of the Website, from which they can access the history of the orders placed and through which it is always possible to print these documents.
7.3 These Terms are always available, also for non-registered users, in the special section of the Website called "Legal Area", at the bottom of the same.
8.1 The prices of the Products are inclusive of all taxes and duties, as well as ordinary national shipping costs ("Standard Shipping"), unless otherwise indicated on the Website or in the subtotal price indicated in the Shopping Bag relating to the individual Order.
8.2 The price of the Products for sale on the Website may vary depending on the country in which the Product is sold and shipped.
8.3 The currency in which the prices referred to in these Terms are expressed is the Euro.
8.4 If, for various causes or reasons, the price of the Products indicated on the Website should be lower or higher than the correct sale price of the Products themselves, CANALI reserves the right to correct it at any time. In the event that Customers have already placed an Order for the purchase of a Product in relation to which there is an error in the price, they shall be informed that the Order has been rejected and any amounts already paid by the Customer for the Order will be promptly reimbursed. For the sake of clarity, it is understood that CANALI will not pay any additional compensation to the Customer.
10.1 Payment by the Customer may be made by any of the methods indicated on the Website. All available payment services have no differentiated or additional costs and include, by way of example and without prejudice to the Seller's right to modify them at its own discretion, those indicated at the following link.
10.2 The validity of the credit card may be verified through a pre-authorization of the payment. Such authorization is not a debit. In any event, the Total Due Amount shall be debited from the chosen payment method when the Customer clicks the appropriate payment authorization button and the payment of the Total Due Amount is successful.
10.3 All payments made through the Website are managed, depending on the payment method chosen, either by the third party payment provider Adyen - i.e. the provider used by the Website in the event that the Customer does not expressly choose payment methods managed by other third party providers - or by other third party payment providers (e.g. PayPal), including by means of redirection to the Website of such third party providers. In such cases of redirection to the Website of third parties (e.g. PayPal), the Customer shall make payment for the Products in accordance with the procedure envisaged and regulated by the third parties themselves, and with the terms and conditions agreed between the Customer and the third parties, in accordance with the provisions of their respective privacy policies, to which CANALI is unconnected.
10.4 Third parties shall be solely responsible for processing and storing payment information, including credit card details, in a protected and secure environment.
10.5 In the event of an Order cancellation, rejection and in all other cases of reimbursement, for any reason whatsoever, including cases of return of Products pursuant to Article 13.13 below, the amount of the reimbursement due to the Customer ("Reimbursement Amount") shall be credited to the same payment method originally chosen by the Customer. The crediting time varies depending on the payment method chosen at the time of purchase. Once the Reimbursement Amount has been credited to the Customer, CANALI cannot be held liable for any delays or omissions in crediting the Reimbursement Amount to the Customer.
11.1Product delivery is made exclusively within the Territory(s) of the Country(ies) referred to by the version of the Local Website to which the Customer is connected and which is used by the Customer for the purchase. No delivery may be made to post office boxes. It is possible to send the purchase to a recipient residing or located in a country other than the country in which the Customer resides/locates, provided that the Customer makes the purchase from the Local Website of the country in which the recipient resides or is located.
11.2 The Customer has the option of using the following shipping methods, where actually available:
1) Standard Service: delivery is made to the address indicated by the Customer or to the express courier delivery point, normally in up to 7 working days;
2) Boutique Pick Up Service with collection normally in up to 7 working days exclusively at the CANALI boutiques where the service is available, all of which are listed on the Website in the Delivery and Shipping section.
3) Express Service: with delivery within 2-3 working days, possible only to the address indicated by the Customer at the time of purchase.
11.3 It is understood that the delivery will be made within the legal term, except in cases of force majeure, as per Article 16 below.
11.4 The costs for the delivery methods mentioned in points 1) and 2) above are included in the sales price, whereas, if the Customer selects the "Express Service" delivery method, mentioned in point 3), any additional shipping costs may be charged to the Customer. The Customer shall in any case be informed in advance of any such additional shipping costs.
11.5 Any additional costs that the Customer chooses to incur for delivery via the "Express Service" are not refundable under any circumstances. In the event of withdrawal by the Customer or replacement of defective Products, only the costs corresponding to the Standard Shipping method shall be reimbursed.
11.6 The Customer (or the authorized recipient) is invited to check the external appearance of the package and whether it has any imperfections or signs of tampering. The Customer, if possible, is invited to proceed to open the package in the presence of the carrier to check the condition of the Product contained therein.
11.7 In the event that the Product is damaged, the Customer (or the consignee in charge) shall record in writing, on the delivery note, all damages found. Any claims shall be made in the manner set forth in Article 14 below. For the avoidance of doubt, failure to record damages found shall not affect any claim.
11.8 In cases where the Customer makes a claim for loss, non-conformity or damage to the Product due to shipping, CANALI shall refund the amounts received for said Product, including Standard Service shipping, following due verification.
11.9 Collection in boutiques / at express courier collection points. CANALI, where this service is actually available, offers its Customers the opportunity to pick up the Products purchased on the Website at some of its boutiques or at express courier pick-up points. The Customer, before concluding the purchase procedure, has to select, in the appropriate section of the Website, one of the options "Pick up in boutique" or "Pick up at express courier pick-up point", and chooses an address from those available in the list published on the Website. CANALI shall send an e-mail to the Customer when the Products purchased have arrived at the chosen address, advising the same that the Products are available for collection for a maximum of 10 days from the sending of such communication. Upon expiry of this period, the Products purchased may be considered by CANALI as returned and, in this case, such Products return to the availability of CANALI, which proceeds to reimburse the Customer for the purchase price of such Products, including shipping. On receipt of the confirmation email, the Customer has to go in person to collect the Products purchased by showing the confirmation email together with an identification document. The same terms and conditions applicable to the return and replacement of Products as set out in Article 14 of these Terms shall apply to Products collected at the boutique and at an express courier pick-up point.
11.10 In all cases where the Customer has delegated another person to pick up the Products at the express courier's pick-up points or at the channel boutiques, the Products shall be delivered to the delegate only upon presentation of a copy of the e-mail containing the reference number of the purchase, together with the proxy for the pick-up signed by the Customer. A model of proxy pick-up is available here. Please note that the staff may require the person delegated by the Customer to present his or her identity document for verification purposes. The express courier or boutique sales staff may refuse to deliver the Products if this procedure for collection is not respected.
11.11 If supply of goods is delayed by an event outside CANALI’s control, such as a postal strike or disruption in our supply chain, CANALI will contact the Customer as soon as possible to let the Customer know and do what CANALI can to reduce the delay. As long as CANALI does this, CANALI won't compensate you for the delay, but if the delay is likely to be substantial the Customer can contact CANALI Customer Service to end the contract and receive a refund for any goods the Customer has paid for in advance, but not received.
CANALI offers the Customer who purchases for himself/herself or for a third party ("Beneficiary"), within the country to which the version of the Local Website to which the Customer is connected refers, the possibility of purchasing gift wrapping, at no extra cost to the Customer.
13.1The Customer who has purchased Products on the Website may exercise the right of withdrawal, according to the following terms and conditions:
i. The Customer who has purchased Products on the Website may exercise the right of withdrawal, without paying any penalty and without stating a reason, within 14 days from the date of delivery of the Products to the Customer or to a third party. Once this period has expired, the return will no longer be accepted. The 14 day-period of time within which exercising the right of withdrawal shall run as follows:
a. in the case of a contract of sale of a single good (purchase of a single Product), from the day on which the Customer or a third party other than the carrier and appointed by the Customer acquires physical possession of the Product;
b. in the case of a contract for multiple goods ordered by the Customer in a single order (purchase of several Products in the same order) and delivered separately, from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last Product.
ii. The same terms as above shall apply in the event that the Product is returned by the Beneficiary.
iii. The right of withdrawal is excluded for Products made to measure or otherwise customized, even if customized after purchase and for Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
iv. In order to exercise the right of withdrawal, Customers, having their own account, may follow the online procedure in the reserved "My Account" section, or may send CANALI Customer Service another type of communication of their decision to withdraw from the Contract, under the terms indicated in this article. For any clarification, they may always contact Customer Service. CANALI may defer the refund until the Products are recovered or until the consumer provides proof of shipment of the goods, whichever comes first.
v. If the Customer decides to initiate the return procedure by accessing his/her account, he/she may do so by following the steps below: (i) select the Order for which the return is to be made; (ii) complete the online form; (iii) select the Products to be returned; (iv) optionally, indicate the reason for the return; (v) select the chosen return method; (vi) confirm everything; (vii) select the "Return Items" option.
vi. If Customers do not have their own account, it may, in any case, send CANALI Customer Service either a notice - by which informing about the decision to withdraw from the Contract under the terms set out in this Article - or use the form available at the end of current art. 13.1.1, in relation to which CANALI, once it has received such a form, shall send the Customer a written confirmation of receipt of withdrawal without delay.
vii. The Products have to be returned, without undue delay and, in any event, within 14 days from the notification to CANALI of the return, complete with all the original packaging and labelling (including, boxes, accessories, tags, anti-use tag, labels, bags), and shall not have been used, washed or damaged. The sole of the footwear must be intact. The Customer shall return the Product by affixing the self-adhesive coupon bearing the return code of the express courier supplied at the time of delivery to the return package.
viii. If the Customer adheres to one of the following return methods, the same shall be free of charge and the Customer shall be exonerated from any liability in the event of loss of or damage to the Products during transport:
• delivery of the return at an express courier pick-up point;
• collection at the express courier's own address;
• delivery of the returned goods to a CANALI boutique authorized to collect them.
ix. In the event that the Customer decides to use a return shipment method other than those indicated above, the Customer shall be responsible for any liability for theft or loss of or damage to the Product, as well as shipping costs, for which CANALI shall only reimburse an amount equivalent to the cost of Standard Shipping.
x. Returns received shall then be checked by CANALI. In the event of problems with the return, the Customer shall be contacted by CANALI Customer Service for further clarification. CANALI reserves the right to refuse the return of any Products that are damaged, incomplete, deteriorated and/or dirty or in any state that suggests that the Products have been used.
xi. If the Customer claims to have received damaged Products, the same have to be returned as received by the Customer, without any modification or attempt to repair them.
xii. If the terms and conditions for exercising the right of withdrawal are not respected, the Customer shall not be entitled to a refund.
xiii. If the return meets the requirements, CANALI shall proceed with the refund within 14 days of the Customer's notice of withdrawal. However, CANALI may withhold the refund until it has received and inspected the Product.
xiv. The Customer shall be refunded all the payments made to CANALI for the returned Product, including delivery and return costs corresponding to the Standard Shipping method. These refunds shall be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise with CANALI.
i. The Customer who has purchased Products on the Website and who is considered being a consumer in the meaning of § 13 German Civil Code (BGB) (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity) may exercise the right of withdrawal, without paying any penalty and without stating a reason under the conditions set forth in this Article 13.1.1.
ii. The Customer has the right to withdraw from this contract within 14 days without giving any reason.
iii. The withdrawal period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods, or in the case of a Contract relating to multiple goods ordered by the Customer in one order and delivered separately on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last good.
iv. To exercise the right of withdrawal, the Customer must inform Canali S.p.A. Unipersonale, Via Lombardia 17/19, 20845 Sovico (MB), Italy, phone: 800 98 90 60, email: firstname.lastname@example.org, of the Customer’s decision to withdraw from this Contract by an unequivocal statement (e.g. a letter sent by post, or email). The Customer may use the model withdrawal form available at the link below, but it is not obligatory. The Customer can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on CANALI’s website at the following link https://www.canali.com/de_de/sales/guest/form/index.html. If the Customer uses this option, CANALI will communicate to the Customer an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
v. To meet the withdrawal deadline, it is sufficient for the Customer to send his/her communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
vi. If the Customer withdraws from this contract, CANALI shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by CANALI), without undue delay and in any event not later than 14 days from the day on which CANALI is informed about the Customer’s decision to withdraw from this Contract. CANALI will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. Canali may withhold reimbursement until CANALI has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
vii. The Customer shall send back the goods or hand them over to CANALI without undue delay and in any event not later than 14 days from the day on which the Customer communicates his/her withdrawal from this Contract to CANALI. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
viii. CANALI will bear the cost of returning the goods, provided that the Customer has chosen free Standard Shipping when ordering and use the return label provided by CANALI. Otherwise, the Customer will have to bear the direct costs of returning the goods.
ix. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
x. No withdrawal right exists according to § 312g para 2 German Civil Code (BGB), amongst others, for agreements regarding delivery of products that are not prefabricated and where its manufacturing is mainly based on an individual selection or a specification of the Customer and for agreements for delivery of goods with minimal shelf life or where the shelf life has expired. Moreover, the right of withdrawal shall not apply to agreements regarding the delivery of sealed products that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or to agreements regarding the delivery of sound or video recordings or computer software in a sealed packaging if the seal has been removed after delivery.
xi. CANALI assumes and kindly asks the Customer to return the Products in a new and unworn condition complete with all the original packaging and labelling (including, boxes, accessories, tags, anti-use tag, labels, bags), unwashed and undamaged, and the sole of the footwear shall be intact. For the avoidance of doubt, this will not adversely affect the Customer’s ability to return the Products with respect to the exercise of his/her statutory withdrawal right. However, CANALI wants to highlight that any use of the goods beyond the intended use of the Products, which was not necessary for testing the condition, characteristics and functioning of the Products and which leads to a loss of value, may affect the refund of the purchase price.
13.2. The Beneficiary wishing to return a gift may contact the Customer Service directly and follow the instructions for doing so. In no case may the relevant refund be made to a Beneficiary who has received the Product as a gift from a Customer. Refunds shall always be made directly to the Customer. These refunds shall be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise with CANALI.
13.3. Please note that the Customer can always ask for any information, including After-Sales Service, to our Customer Service and can always contact CANALI, by phone, at the following number: 800 98 90 60 (from Italy), 800 94 41 26 (from France), 900 822 593 (from Spain), 800 72 43 457 (from Germany), 800 72 43 457 (from Holland) or +39 02 23345 876 (from Other EU Countries) or by e-mail at: customer.care[AT]canali.com, as indicated in article 1.3 above.
14.1 The Customer shall be entitled to the legal guarantee in the event of non-conformity Product arising within two years of delivery of the goods, except in cases where CANALI has fraudulently concealed such defect. Unless proven otherwise, conformity defects that become apparent within one year of the date of delivery of the Product shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the conformity defect.
14.2 It is understood that damage, alteration, change and/or modification to the Products caused by the Customer and/or by third Parties different from CANALI shall not be deemed as a defect or as a lack of conformity. For example, without limitations, any damage caused by extensive use or wear, improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food), normal wear and tear, non-observance of applicable care and/or of cleaning instructions, shall not be deemed as defects or as a lack of conformity. Variations in the texture, natural markings and/or irregularities of natural Products (such as leather or fabric) are inherent to the Product and shall not be deemed as defects.
14.3 Customers who, within the terms set out above, believe that the Product received has conformity defects and is not suitable for the purposes for which it was produced may contact CANALI Customer Service and will be assisted for the remainder of the procedure, or, alternatively, may send a registered letter with advice of receipt directly to CANALI S.P.A. / Sales Department / Customer Service - via Lombardia 17/19 20845 Sovico (MB).
14.4 If CANALI ascertains the defectiveness or lack of conformity of the Product, the Customer shall have the right to request either the repair of the Product or its replacement. If, for CANALI, repair or replacement should not be possible because the remedy requested is objectively impossible or excessively onerous compared to the other, the Customer may request an appropriate reduction in the price or termination of the contract, unless the Product's lack of conformity is minor, which, if applicable, shall be the responsibility of CANALI to prove. The Customer shall not be entitled to exercise the Product warranty, and consequently the same shall not be applied:
a) in the absence of proof of purchase
b) if the Product has been repaired/modified without CANALI's knowledge and authorization;
c) in the absence of the requirements set out in this Article 14 (e.g. if it is established that the Product is not defective or is in conformity; the legal deadlines have expired; etc.).
CANALI guarantees the authenticity and high quality of all Products offered for sale on the Website. All CANALI trademarks, including figurative and non-figurative trademarks and, more generally, all illustrations, writings, images and logos present on the Website, on the Products, accessories and packaging are and remain the exclusive property of CANALI or the companies in its group or third parties of which they are licensees, without the Customer having any rights over them as a result of access to the Website. The total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, or other intellectual property rights of CANALI or of which CANALI or other companies in its group are licensees, is strictly prohibited without the prior written consent of CANALI.
The performance of services by CANALI may be suspended in the event of the occurrence of a fortuitous event or force majeure, by which is meant an unforeseen and unforeseeable event that prevents the Order from being executed, such as, for example but not limited to, earthquakes, floods, war events, epidemics (with regard to the delivery of raw materials) and the like, which prevents or delays its execution, insofar as CANALI is not responsible for such event. CANALI shall inform the Customer of the occurrence of unforeseeable circumstances or force majeure without undue delay and in any case within 7 days of their occurrence. Should the suspension of performance last longer than 15 days, the Customer shall have the option of cancelling the Order placed, with full reimbursement of any amounts already paid. The Customer's right of withdrawal shall remain unaffected.
18.1 Orders placed on the basis of these Terms shall be governed by Italian law, including the Italian Consumer Code and the Italian Legislative Decree No. 70 of 9 April 2003 on certain aspects relating to electronic commerce, without prejudice to any other mandatory rule applicable in the Customer's country of habitual residence.
18.2 Any dispute between the Customer and CANALI in connection with these Terms shall be referred exclusively to the Italian courts, or to the courts of the Customer's place of residence if required by a mandatory rule of law applicable to the Customer.
18.3 Nothing contained in these Terms shall affect the Customer's right as a consumer to avail the mandatory provisions of the local law applicable to him/her.
18.4 The applicability of the Vienna Convention on the Sale of Goods of 1980 is excluded. The applicability of local mandatory provisions related to the Customer's residence remains unaffected. The jurisdiction applicable to sales contracts concluded via the Website is that of the Customer's place of residence or domicile.
18.5 Disputes may be resolved using mediation procedures or by promoting out-of-court settlement of disputes. In particular, CANALI, in the event of a dispute with one of its Customers, guarantees as of now participation in a friendly settlement attempt that the Client may promote before the Chamber of Arbitration of the Chamber of Commerce of Milan.
The Customer may also use the online platform provided by the European Commission for out-of-court alternative dispute resolution (so-called ODR platform), which can be accessed at http://ec.europa.eu/consumers/odr. Should the Customer opt for this solution, the e-mail address of CANALI to be reported is: legalofficecanali[AT]canali.it.
This is without prejudice to the Customer's right to bring proceedings before the competent ordinary courts.
According to art. 1341 and 1342 Italian Civil Code., the Customer approves specifically after careful reading and reconsideration articles: 4 (Procedure of selection and purchase of Products) – 5 (Availability of Products) – 8 (Products Prices) – 10 (Methods of payment) – 11 (Method of shipment and delivery of Products) – 15 (Product Authenticity and Intellectual Property Rights) – 16 (Force Majeure) – 18 (Applicable laws and competent jurisdiction).
Last updated as of January 2023