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. By accessing the Website and using it, the user confirms he has seen and accepted the General Use Conditions.
The products purchased through the Website are sold by Sergio Rossi USA Inc. (“SR USA”), 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").
Changes of the use conditions
- SR USA can modify or update, partially or totally, these General Use Conditions. The changes and the updates of 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.
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 don’t involve any commercial, professional or entrepreneurial activity.
- 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 SR USA and its entitled persons from charges and damage, including legal costs, which might be caused by entering and/or using the Website in violation to the law in force and the legal notes on the Website and/or by violating the rights of third parties.
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”), are protected by the author’s right and by all other intellectual property rights of SR USA and its entitled persons. It is forbidden to reproduce, partially or totally, in any form, the Website and its contents without the written authorization of SR USA. SR USA 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
- Anyone interested in linking to the Home page and other pages of the Website, which are publicly accessible, should contact SR USA at the following e-mail address email@example.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: firstname.lastname@example.org.
- 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.
Disclaimers of Warranties and Limitation of Liability
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.
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. All legal proceedings arising out of or in connection with these General Use Conditions shall be brought solely in the City of New York, State of New York.
General Sales Conditions
These General Sales Conditions (hereinafter “General Sales Conditions”) rule the product offers and sales on the website sergiorossi.com (hereinafter “Website”).
The products purchased from the Website (hereinafter the “Products”) are sold directly by Sergio Rossi USA Inc., with registered address atc/o Funaro & Co., P.C. Empire State Building, 350 Fifth Avenue, 41st Floor, New York, NY 10118 USA, Tax ID Number 13-3900375(hereinafter the “Seller”).
- 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 the Informative Note about the Right of Withdrawal 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 Information Note relevant to the Right of Withdrawal 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.
- By sending the order form, the Consumer declares that he/she understands and accepts its contents as well as the General Sales and Use Conditions. The order won’t be executed if these contents as well as the legal notes are not fully accepted.
- 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.
- After the agreement is concluded, the Seller will mail the Consumer a purchase receipt that gives the information contained in the order form (see the General Sales Conditions and the Information Note relevant to the withdrawal right, the information relevant to the main characteristics of the Product, the detailed price, including taxes or other applicable charges, the payment method, the right of withdrawal and the delivery costs).
- 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 email@example.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. The Seller provides a guarantee of conformity on the Products. This guarantee provides that the Seller is responsible for any lack of conformity on the Products sold that occur within 12 months from the delivery of the Products. To take advantage of the guarantee of conformity, the consumer, under penalty of forfeiture, must report any defect in the Product purchased to the Seller within 2 (two) months of its discovery. In the event of a lack of conformity reported within the established terms, the Consumer can ask the Seller, at his/her choice, to repair the good or replace it, at no cost in both cases, unless the required requirement is objectively impossible or too burdensome compared to the other. The Consumer may request, at his/her choice, a reasonable reduction in the price or the termination of the contract in cases where repair and replacement are impossible or the replacement or repair previously completed must cause significant inconvenience to the consumer. In order to take advantage of the guarantee of conformity, it is recommended to preserve and show the purchase documents of the Product.
- The payment methods for the Products and the relevant shipment and delivery expenses are given on the order form and are part of these Sales Conditions.
- If the payment is by credit card, 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. The Product purchase price and the shipment expense, as given on the order form, will be charged at the moment of the purchase.
- Shipment and delivery of the Products
- The shipment of the Products ordered on the Website is carried out by express delivery. The delivery time is given in the “Shipment” page and it includes working days but not bank holidays.
- The Website automatically recognizes the country from which the consumer is being connected but it is possible to change the reference country of the Website.
- The order must be carried out directly from the Website of the country identical to the delivery address. Those orders carried out in a country different than the destination country or to an address that is not accepted by the Seller’s courier (such as PO box and undressed mail) will be automatically deleted.
- Unless otherwise stated in the Contract, the Goods will be delivered Ex Works to the destination named in the Contract. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery as aforesaid and 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.
- Right of withdrawal
- The Consumer is entitled to withdraw from the agreement concluded with the Seller without any penalty (but the Consumer shall bear all costs in relation to the return of the Products) and without giving any reason, within 30 working days from the day he/she has received the Products purchased from the Website.
- To exert the right of withdrawal, the Consumer must proceed as follows:
- Enter the Website to the section relevant to the orders and fill out the return form and then send it to the Seller by e-mail. The Consumer should make sure that all the conditions given in this paragraph are met;
- Return the Products to the Seller by means of the carrier in accordance with the methods given in the following paragraphs;
- Wait for the acceptance confirmation of the returns from the Seller and the relevant reimbursement.
- Alternatively, the Consumer can send a communication where he/she writes his/her decision to withdraw from the contract and gives his/her personal details (name, surname, address and e-mail), the order date and the date when the Products were received. The withdrawal communication can be sent to the Seller by
- mail: c/o Funaro & Co., P.C. Empire State Building, 350 Fifth Avenue, 41st Floor, New York, NY 10118 USA, or
- e-mail: firstname.lastname@example.org
- 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 right of withdrawal – besides following the terms and methods given in the previous paragraph – is correctly exercised if the following conditions are met:
- the Return Form is completed and sent to the Seller within 30 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 right of withdrawal cannot be exercised 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 deliver, are mixed with other goods.
It is understood that exclusion of the right of withdrawal as outlined in the preceding points will not jeopardize legal conformity guarantees or the fact that customers are not liable for defective products.
- If the right of withdrawal is exercised, the Product cannot be replaced with another one and the Consumer will have to place a new order.
- 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.
- Moreover, the General Use Conditions contain important information relevant to processing the personal data of Consumers as well as the adopted security systems.
- Applicable law and resolution of dispute
- 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.
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.
- 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.
- 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: email@example.com
- Pre-order Conditions
A pre-order is the reservation of a product that is not yet available but is set to be released on the Website shortly. For each pre-order product, the estimated shipping date will be indicated in the related product description.
Mixed orders that include available products and pre-order items shall be made up of multiple shipments at various times, for the cost of a single shipment.
Orders containing multiple pre-order products, if these items are not all available at the same time, shall be made up of multiple shipments at various times, for the cost of a single shipment.
How to pre-order an item
A product available for pre-order can be seen on its relevant page, displaying the “pre-order” button. When you click on “pre-order,” the product is added to your cart. Once the reservation process is complete, the pre-order will be confirmed via e-mail.
You can cancel the pre-order, prior to receiving the shipping confirmation e-mail, by contacting Customer Service.
Pre-order purchases can only be made with a credit card. Therefore, you will have to enter your credit card information in order to complete the pre-order.
The price of the purchased products and the related shipping costs indicated at the time of the pre-order will be charged to the credit card after the purchase completion.
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 operate to the fullest extent permissible by law.
The failure of SR USA to comply with these General Use Conditions 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 General Use Conditions.
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 General Use Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these General Use Conditions 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 Site or your account. These General Use Conditions constitute the entire agreement between you and SR USA regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these General Use Conditions.