Terms of service

General Use Conditions

These General Use Conditions (hereinafter "General Use Conditions") rule the access and use of the website sergiorossi.com (hereinafter the "Website") by the user (hereinafter the “user”, “you” or “your”). By accessing the Website in any way, including without limitation, browsing the Website, using any information, and/or submitting information to the Website, the user confirms they have seen and accepted the General Use Conditions, including but not limited to, binding arbitration, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law.

The Website is owned by Sergio Rossi USA Inc. (“SR USA”, “we” or “us”), with registered address at c/o Funaro & Co., P.C. Empire State Building, 350 Fifth Avenue, 41st Floor, New York, NY 10118 USA, Tax ID Number 13-3900375. The Website is technically managed by LAVIN GROUP and maintained by Hermes NexTec LLC (hereinafter the “Manager" or "HNT").

Changes of the use conditions

SR USA can modify or update, partially or totally, these General Use Conditions. The changes and the updates to the General Use Conditions will be published on the Website home page as soon as they are adopted and they will be binding as soon as they are published on the Website in this section. Your use of the Website after we publish any changes to these General Use Conditions constitutes your agreement to those changes.

Liabilities for the use of the Website

The access and the use of the Website, including displaying web pages, communicating with SR USA, downloading information relevant to products and their purchase are activities that the user carries out for personal purposes and do not involve any commercial, professional or entrepreneurial activity.

The following requirements apply to your use of the Website: (a) you will not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not scrape content from the Website or use the Website for any commercial purpose not expressly approved by SR USA in writing; € you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

SR USA assumes no liability for any information removed from the Website, and reserves the right to permanently restrict access to the Website. SR USA does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user content. Users shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by SR USA, its parent or affiliate companies and/or the Manager without the prior review and written approval of SR USA.

If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at clientservice-us@sergiorossi.com. You can also write to us at the address listed at the end of this policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children's privacy on-line here.

The user will be liable for the use of the Website and its contents. SR USA and the Manager are not liable for the use of the Website and its content that does not comply with the regulations in force and the legal notes of the Website except for the liabilities for bad faith and gross negligence of SR USA or the Manager. In particular, only the user will be liable for communicating incorrect information or data, as well as false data or data from third parties who have not authorized their use as well as for the incorrect use of the data itself.

The user is liable for the use of material downloaded from the Website or obtained from it; therefore, the liabilities for damages to computer systems or loss of data resulting from downloading it from the Website are charged to the user and can never be charged to SR USA or to the Manager.

The user is responsible for keeping and properly using his/her personal information such as the credentials to enter reserved services, as well as for negative consequences or injury caused to SR USA, the Manager or third parties due to the incorrect use, loss or theft of information.

The Manager provides the Website as it is in the factual and legal state without any implicit or explicit warranty to the user. Except in cases of bad faith or gross negligence, SR USA and the Manager will not be responsible for damage due to the use of the Website and the websites of third parties that are indirectly linked to the Website, such as damage to IT systems, loss of data or loss of commercial opportunities as well as any business interruption. Except for the law limitations, SR USA and the Manager declines all liabilities for any damage due to the incapability to use the Website services or other damage caused by viruses, damaged files, errors, omissions, service interruptions, the cancellation of content, problems with the network, providers, telephone and/or telematic connections, unauthorized access, changes of data, no operation and/or malfunctioning of electronic devices of the user.

In accordance with the limitations of the regulations in force, the user shall indemnify and hold harmless SR USA and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents from charges and damage, including legal costs, which might be caused by entering and/or using the Website in violation of the law in force and/or the legal notes on the Website and/or by violating the rights of third parties, or any violations thereof by your dependents or which arises from the use of user content you submitted, posted, or otherwise provided to SR USA or this Website.

Binding Arbitration

Any controversy or claim arising out of your use of the Website, these Terms, and/or our Privacy Policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SR USA will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither claimant nor SR USA shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Privacy Policy

On certain areas of our Website, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our data information collection and use practices.

Intellectual property rights

The Website contents, such as works, pictures, dialogues, music, sound and videos, documents, drawings, figures, logos and all other material, in any format, published on the Website, including menus, web pages, graphics, colors, diagrams, instruments, characters and the design of the Website, diagrams, layouts, methods, processes, functions and software, which are part of the Website (hereinafter the “Contents”), is the property of SR USA, its parent and affiliate companies and/or its licensors and is protected in the United States and internationally under trademark, copyright and other intellectual property laws. It is forbidden to reproduce, partially or totally, in any form, the Website and its contents without the written authorization of Sergio Rossi S.p.A.

Sergio Rossi S.p.A. has the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any form or way, either partially or totally, of the Website and its contents.

As concerns the use of the Website, the user is only authorized to display the Website and its Contents.

The user is not authorized to reproduce the Website and its Contents either partially or totally in any medium. Any reproduction will be authorized by Sergio Rossi S.p.A., controlling company of SR USA and, if necessary, by those who have rights on the works contained on the Website. However, the reproduction operations will be carried out for legitimate purposes and on the basis of the author’s rights and other intellectual property rights of the SR USA and/or its entitled persons. The authors of the works published on the Website have, at any time, the right to claim the ownership of their works and oppose any deformation, modification or change of their works including any action against the works as well as the injury to their honor or reputation.

The user commits to respect the author’s right of those who publish their works on the Website or who collaborate to the creation of all expressive or artistic forms intended for publication, but not exclusively on the Website, or, that which is an integral part of it. Furthermore, the user is never authorized to use, in any way and form, the Contents of the Website and all works protected by the author’s right and other intellectual property’ rights.

Trademarks and domain names

All the distinctive marks of the products sold on the Website and contained on the Website are trademarks registered by their relevant owners and are used to distinguish, describe and advertise the products on sale.

SR USA and the other owners of registered trademarks are entitled to use their trademark in an exclusive way. Any use of these trademarks that does not comply with the law and is not authorized is forbidden and will be liable to prosecution. It is forbidden to use trademarks and other distinctive marks of the Website to take advantage of the distinctiveness or reputation or in a way that can damage the trademarks and their owners.

Links to other websites

The Website contains hypertextual links (i.e. "links") to other third-party websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers Services”) that have no connection with the Website itself. SR USA and the Manager do not control or monitor these Third-Party Services and their contents. and SR USA makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. SR USA is not responsible for the availability of such Third-Party Services and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties. SR USA and the Manager are not liable for the contents of these Third-Party Services and the rules they adopt relevant to the processing of the user’s personal details during the navigation. Therefore, the user should carefully read the use conditions and the privacy rules of these Third-Party Services. These General Use Conditions, the General Sales Conditions and the Website’s Privacy Policy do not apply to any Third-Party Services. The Website provides links to other Third-Party Services to facilitate its users in searching and navigating and for making the hypertextual connection in the Internet to other websites easier. Enabling the links does not imply that SR USA or the Manager has recommended or suggested access and navigation to these Third-Party Services; moreover, SR USA and the Manager are not responsible for their contents, services or goods they provide and sell to Internet users.

Anyone interested in linking to the Website home page and other pages of the Website, which are publicly accessible, should contact SR USA at the following e-mail address clientservice-us@sergiorosssi.com to ask for the authorization to the hypertextual connection.

The Manager authorizes the applicant to enable the links free of charge and not exclusively after obtaining the authorization of SR USA’s controlling company, Sergio Rossi S.p.A. and checking the applicant’s requirements.

Sergio Rossi S.p.A. has the right to refuse an applicant to enable direct links to the Website in the event the applicant has adopted, in the past, disloyal commercial practices or practices that don’t comply to the industry use or has carried out actions of disloyal competition to Sergio Rossi S.p.A. or if Sergio Rossi S.p.A. fears that these practices can be adopted in the future, or if the applicant has adopted in the past, or might adopt in the future, some actions that might discredit Sergio Rossi S.p.A., their Website or their services. In any case, it is forbidden to enable deep hypertextual links (such as deep frames or deep links) to the Website as well as the non-authorized use of meta-tags to the Website without the authorization of Sergio Rossi S.p.A.

Warnings about the content

SR USA has taken every step to prevent content that describes or represents abusive scenes or situations from being published on the Website or content that can harm the civil convictions of the users as well as the human rights and the dignity of the person in any form and expression. However, if you deem that the content is illicit or illegal, we recommend not entering the Website and, if the user decides to enter it as well, the way he will use the provided services will be of his own exclusive liability and, therefore, SR USA and the Manager shall be exempt from any responsibility.

Moreover, this Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. SR USA shall not be responsible if the information made available on this Website is inaccurate, incomplete, or outdated. The user assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or services provided thereunder.

For any problem detected in the use of the Website contact the Customer Care or the following e-mail address:clientservice-us@sergiorossi.com.

Despite SR USA and the Manager trying everything to ensure continuous access to the Website, the dynamic nature of Internet and its content might not consent the Website to operate without suspensions or interruptions due to the need of updating the Website.

The Manager has adopted technical and organizational measures suitable to safeguard security of its services of the Website, the integrity of traffic data and electronic communications with other use or knowledge forms not allowed as well as to prevent the risks of dispersion, description or loss of data and confidential and non-confidential information relevant to its users on the Website as well as unauthorized access or not complying with law regulations, data and information.

In the event of a breach of these General Use Conditions, the legal notes given in the Website and the regulations in force, SR USA and the Manager will be entitled, anytime, to suspend, modify or cancel the personal account of a user.

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY SR USA OR THE MANAGER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

SR USA AND THE MANAGER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SR USA AND THE MANAGER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SR USA DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR EMAIL SENT FROM SR USA OR THE MANAGER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SR USA AND THE MANAGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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 MIGHT HAVE ADDITIONAL RIGHTS.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

Applicable law and resolution of disputes

The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Use Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement.

Notice for California Residents (Ca Civil Code §1789.3)

If you have a questions or complaint regarding the Website, please send an email to clientservice-us@sergiorossi.com. 1 800.471.4267 . California residents may reach the Complaint Assistant Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Accounts, Passwords, and Security

Certain areas of the Website require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website, or any features at all.

If the Website requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify SR USA immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Website. is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

Promotions and Promotional Communications

On this Website, you may be able to participate in or sign up for surveys, sweepstakes, contests and other promotions (collectively “Promotions”). If you choose to participate in these Promotions, we may ask you for information such as your name, email address, postal address, telephone number, and birth date. We use the information you provide to us in accordance with our Privacy Policy. The Promotions may be governed by rules or terms that are separate from these General Use Conditions. If you participate in any Promotions, please review the applicable rules or terms.

General Sales Conditions

These General Sales Conditions (hereinafter “General Sales Conditions”) rule the product offers and sales on the Website.

Applicability of these General Sales Conditions

These General Sale Conditions exclusively rule the offer, the dispatch and the acceptance of the purchase orders of the Products from the Website between the users-consumers (hereinafter the “Consumer”) and the Seller. Selling of Products regulated under these General Sales Conditions is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual's relevant jurisdiction) being natural persons that obtain Products for personal, family, or household purposes. Consumer is prohibited from purchasing any Product from the Website for purposes of resale by Consumer or any other person, and SR USA expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Consumer's intent or attempt to resell any Product purchased from the Website. SR USA reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The General Sales Conditions don’t rule the supply of services or the sale of Products from subjects who are not the Seller even if they are present on the Website by means of links, banners or other hypertextual connections. It is the Consumer’s responsibility to check the sales conditions before sending an order and purchasing products and services from other parties who are not the Seller. Therefore, the Seller is not responsible for the supply of services from third parties or the conclusion of agreements, by electronic means, between the Consumer and third parties.

The Seller offers the Products on sale by means of the Website and carries out electronic commerce activity only to final users who are “consumers”, i.e. individuals who have no commercial, professional or entrepreneurial targets. Therefore, the Seller is entitled not to execute orders either from subjects who are not “consumers” or from subjects that don’t comply with their commercial policy.

Reading and approving these General Sales Conditions is compulsory to send a purchase order. If these General Sales Conditions are not accepted, purchases cannot be carried out from the Website.

Conclusion of the agreement between the Consumer and the Seller

The language of the agreement is English.

In order to conclude a purchase agreement, the Consumer, who wishes to purchase one or more Products from the Website, shall complete the electronic order form and send it to the Seller by following the given instructions.

The order form contains a reference to these General Sales Conditions and as well as a summary relevant to the essential characteristics of each ordered Product and its price (including taxes or applicable fees), the payment methods, the methods of delivery the purchased products, the shipment and delivery costs, the conditions to follow for the right of withdrawal and the methods for returning the purchased Products.

Before purchasing the Products and sending the order form, the Consumer should carefully read these General Sales Conditions and the Return Policy under article 6 below and Consumer should also be able to print, be familiar with or copy them for his/her personal uses.

Before sending the order form, the Consumer will be able to identify and correct mistakes, if any.

The prices of the Products might be updated. The Consumer should check the final sale price before sending the order form.

The agreement is completed when the order form is received by the Seller, by electronic means, and after making sure that the order is correct.

The Seller will not execute orders that are incomplete or incorrect or that don’t give enough guarantees of its solvency or if the Products are not available. In these cases, the Seller will immediately inform the Consumer if the ordered Products are not available, and, in any case, within 14 days from the day after the order was sent to the Seller. The Seller will let the Consumer know the reasons why the order will not be executed, and the Seller will reimburse the paid amount if the Consumer has already sent the purchase order and paid for the Products.

The purchase order will be filed in the Seller’s database for the period necessary to complete the order and in accordance with the law. The Consumer will be entitled to check his/her orders entering his/her profile and the proper section of the Website.

Characteristics of the goods on sale

The Website offers only original Products marked Sergio Rossi and purchased directly by the Seller from its controlling company Sergio Rossi S.p.A. and/or producers authorized by Sergio Rossi S.p.A.

The essential characteristics of the Products sold by the Website are given in each Product chart. The images and the colors of the Products on sale might not correspond exactly to the real ones due to the Internet browser and/or the available monitor.

If a Product sold by SR USA has manufacturing defects or in any case of alleged lack of conformity of Products sold by SR USA, the Consumer must immediately contact SR USA at clientservice-us@sergiorosssi.com, or by ordinary mail to the following address: c/o Funaro & Co., P.C. Empire State Building, 350 Fifth Avenue, 41st Floor, New York, NY 10118 USA. In the event that the Consumer seeks to have the Product repaired or replaced due to lack of conformity pursuant to this section, delivery costs for returning the Product to be repaired or replaced shall be borne by SR USA, as well as any costs related to the delivery to the Consumer of the repaired or replaced Product.

Payments

The payment methods for the Products and the relevant shipment and delivery expenses are given on the order form and are part of these General Sales Conditions.

If you wish to purchase any Product or service made available through the Website, you will be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions. The Product purchase price and the shipment expense, as given on the order form, will be charged at the moment of the purchase.

, the financial information (such as credit/debit card number and expiry date) will be sent by cryptographic protocol to banks or companies that supply the electronic remote payment without third party access to it. This information will never be used by the Seller except for completing the purchase procedures or for reimbursement in the case where the Products are returned, after the right of withdrawal have been implemented, or if it is necessary to prevent or inform the police about fraud on the Website.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Website does not imply or warrant that these products will be available. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address, (iii) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them.

Shipment and delivery of the Products

The shipment of the Products ordered on the Website is carried out by ground shipping unless otherwise The delivery time is given in the “page, and it includes working days but not bank holidays.

Buyer shall be responsible for insurance of the Goods after risk has so passed. Delivery terms used in the Contract shall be defined in accordance with the latest version of Incoterms. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Return Policy

The Consumer may return or exchange undamaged Products purchased from the site, free of charge, within 14 days following the date of receipt of the order. The Product must be returned in perfect conditions, unworn, in its entirety and in its original packaging, accompanied by a copy of the receipt. Any damaged, used, incomplete or soiled product will not be eligible for a refund.

Please follow the returns and exchange procedure in the Return Policy indicated at the Returns Center, in order to return your products free of charge.

Alternatively, the Consumer can send a communication where he/she declares his/her decision to activate the Return policy.

HNT is in charge of the Return Policy; the Consumer can contact HNT at clientservice-us@sergiorossi.com,or by phone at 1 800-471.4267.

If the Consumer decides to use the forwarder suggested by the Seller on the return form, the expenses for returning the purchased Products will be paid by the Seller. In this case, no expenses will be charged to the Consumer.

If the Consumer decides to use a carrier that is not given on the return form, the expenses for returning the products will be charged to the Consumer.

The Return Policy – besides following the terms and methods given in the previous paragraph – is correctly activated if the following conditions are met:

the Return Form is completed and sent to the Seller within 14 working days from the receipt of the Products;
the Products must not be used, worn, washed or damaged or their essential and/or qualitative characteristics must not have been changed;
the Products must be returned in their original packaging;
the identification card of each Product must be inserted inside the packaging because it is part of the Product;
the returned Products must be delivered to the forwarder within 30 days starting from the day that the consumer has sent the relevant Return Form to the Seller.

The Return Policy shall not operate in the following cases:

tailor-made or customized Products;
Products that deteriorate or expiry quickly;
Sealed Products that cannot be returned for hygienical reasons and that have been opened after the delivery;
The Products that, after delivered, are mixed with other goods.

It is understood that exclusion of the Return Policy as outlined in the preceding points will not jeopardize legal conformity guarantees or the fact that Consumers are not liable for defective products.

If the Consumer will not be entitled to reimbursement of the amounts paid to the Seller, the Consumer will have the right to get back, on his/her own expenses, the Products he/she had returned to the Seller.

Time and method of reimbursement

After returning the Products, the Seller will check that they comply with the conditions and terms given in paragraph 6. If the inspection procedure is successful, the Seller shall undertake to send the Client, by e-mail, the relative, returned Products acceptance confirmation, and shall go ahead with reimbursing the price of the products returned.

Despite the payment method chosen by the Consumer, the reimbursement is carried out by the Seller after checking the correct execution of the withdrawal right and in the shortest time possible and within fourteen (14) days starting from the day that the Seller receives the return communication.

The Seller will reimburse the Consumer by using the same method that the Consumer has used for the purchase unless it is agreed differently. If there is not a correspondence between the recipient of the Products and the person who paid for the purchase, the Seller will reimburse the person who carried out the payment.

Privacy

Additional information relevant to the processing of personal data can be found in Sergio Rossi’s .

Moreover, the General Use Conditions contain important information relevant to processing the personal data of Consumers as well as the adopted security systems.

For further information about the Privacy Policy, please write directly to dpoprivacy@sergiorossi.com

Applicable law and resolution of dispute

Notwithstanding what is provided for in Article 8 “Privacy Policy” regarding the data protection discipline - the laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Sales Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Sales Conditions shall be brought solely in the City of New York, State of New York.

Disclaimers and Limitation of Liability

SR USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEBSITE NOR AS TO THE PRODUCTS BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SR USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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 PRODUCTS CONTAINED ON OUR ORDER CONFIRMATION.

SR USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Changes and updates

These General Sales Conditions can also be modified in the event of changes in the regulations. The new General Sales Conditions will be valid from the day on which they are published on the Website. Therefore, the Consumers should visit the Website regularly and check the latest version of the General Sales Conditions before purchasing any product.

The General Sales Conditions applicable to every agreement concluded by means of the Website are those that are valid on the day when the purchase form is sent.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

Customer care

The Consumer can get any information by contacting our assistance service, please write to Customer Care.

The Seller can be contacted by e-mail to the following address: clientservice-us@sergiorossi.com

Miscellaneous

Both you and SR USA acknowledge and agree that no partnership is formed and neither of you nor SR USA has the power or the authority to obligate or bind the other. These General Use Conditions and General Sales Conditions (hereinafter collectively the “Terms”) operate to the fullest extent permissible by law.

The failure of SR USA to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of SR USA, shall not be deemed a breach of these Terms.

If SR USA fails to act with respect to your breach or anyone else's breach on any occasion, SR USA is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and SR USA, and is accepted by you upon your use of the Website or your account. These Terms constitute the entire agreement between you and SR USA regarding the use of the Website and your account and any purchases. By using the Website you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Terms of service

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Last Updated August 31, 2022