Terms of service
In these general terms and conditions of sale ("Terms and Conditions of Sale"), the meaning given to a term stated in the singular extends to those stated in the plural and vice versa.
The Terms and Conditions of Sale apply to the provision of customisation services (the "Services") and the sale of products (the "Products") advertised on the website htpps://floracarmelin.com (the "Site"), or on related mobile or digital applications that refer to them (together with the Site, the "Sales Channels"), by Flora Carmelin di Emilia Flora Sala with registered office in via Paolo Lomazzo 55 - 20154 Milan, VAT no. 10235190963, Tax ID no. SLAMFL66D70F205P ("Flora Carmelin", or "We") to the consumer, as defined by art. 3 of Legislative Decree no. 206 of 2005 (the "Consumer" or "You").
Please read these Terms and Conditions of Sale carefully and remember that by placing an order for Products, You agree to accept the Terms and Conditions of Sale.
If You do not agree to these Terms and Conditions of Sale, You will not be able to order Products through the Sales Channels.
Sales concluded in our physical store are not subject to the Terms and Conditions of Sale.
2. Updates to these Terms and Conditions of Sale
Flora Carmelin may make changes to these Terms and Conditions of Sale. Therefore, please check them regularly to be kept informed of any updates.
The latest version of the Terms and Conditions of Sale will always be available on the Sales Channels. Any new version of the Terms and Conditions of Sale will be effective immediately upon publication and will apply to orders for Products placed on or after the publication date.
Any changes to the Terms and Conditions of Sale made after placing an order will not affect said order or your relationship with Us, except as required by applicable law.
3. Purchase capacity
Only natural persons (not legal persons) who:
(a) have reached the legal age required to enter into contracts (eighteen in most countries);
(b) have the ability to enter into contracts;
(c) use a shipping address located in the country or countries to which We ship, as specified in the Sales Channels;
can order Products through the Sales Channels.
If You are a minor or if, for some other reason, You cannot legally enter into a contract, either your parents or a person who has legal capacity will need to place an order on your behalf.
By placing an order through the Sales Channels, You represent in good faith and guarantee that You are a Consumer purchasing for your own or others' personal use and that You will not deliver, sell or distribute, in any way, our Products for commercial purposes.
4. Availability and Quantity of Products
All orders placed through the Sales Channels are subject to the availability of the Products and our acceptance of the orders. Products on the Sales Channels, which are indicated on the Product page with the term "SOLD OUT" highlighted in orange are not available for sale.
Our Customer Service Department, which can be reached through the Contact section of the Site, can provide more information about these Products. For information on the Order Procedure, please consult Section 7 below.
Quantity limits may apply in connection with orders for certain Products. We reserve the right at any time, without prior notice, to refuse orders for a number of Products exceeding the permitted quantities.
5. Purchase by the Consumer
To place an order, the Consumer is not required to create an online account. Although the Consumer places an order as a guest, Flora Carmelin may still create an account in its internal system to register the purchase.
6. Customised services
Services (e.g., engraving initials on the shoulder strap) may be available on a given selection of Products. If You would like a Product to be customised, please send an email to email@example.com as requested in the Order Confirmation.
We reserve the right to suspend or refuse acceptance of any order for a customised Product that is accompanied by messages containing language that is inappropriate, contrary to the standards of public decency, or otherwise contrary to the values on which our company is founded.
You are solely responsible for the accuracy of the content provided for the Services.
Orders for customised Products cannot be cancelled and Products that have been in any way customised or otherwise made to your specific requirements cannot be returned to us for replacement or refund. This does not affect your rights as a Consumer (in this regard, please see Section 16 Manufacturer's Warranty and Consumer Rights).
7. Order process
When ordering through the Sales Channels, the process is as follows:
(a) Add to Cart.
Once You have chosen a Product, You can place it in your Shopping Cart. You may then continue to purchase other Products and also add them to your Shopping Cart (subject to availability and to quantity limits).
Placing a Product in the Shopping Cart does not guarantee its availability for purchase.
A purchase shall be deemed confirmed only when the Consumer receives a written Shipping Confirmation (as specified in Section 12 below) (by email or through another durable medium which the Consumer expressly agrees to herein).
When You are ready, You can proceed to Checkout. You may also remove one or more selected Products from your Shopping Cart as part of the checkout process.
(c) Delivery, verification, and payment
As part of the checkout process, add and review your order details and personal information (including email address, shipping and billing address, and payment information).
You should carefully check all the details on the order summary page before placing your order.
(d) Place the order
It will then be necessary to click on the appropriate button to place the order. At this point, You will be required to pay for your purchase.
We reserve the right, at our sole discretion, to refuse or cancel orders at any time for reasonable cause. For example, We may refuse or cancel your order if there is an ongoing dispute regarding payment for a previous order or if We suspect, at our sole discretion, that You (i) have engaged in fraudulent activity or (ii) have otherwise violated the Terms and Conditions of Sale.
8. Prices, taxes and delivery costs.
All prices shown on the Product pages in the Sales Channels or communicated by Customer Service are inclusive of VAT and, unless otherwise indicated, do not include shipping and other taxes that may apply.
The applicable currency will be updated according to the country chosen for browsing the Sales Channels and will be shown in the Shopping Cart prior to placing the order. You should carefully check the updated prices and currency before confirming and placing your order, as this implies an obligation for You to pay the price.
Sales, usage, or other taxes vary depending on where the Products are shipped.
Shipping costs, where applicable, are set out in the Shipping Policy (which follows in Section 11) or on the Sales Channels. Shipping costs are not shown on the Product pages, but will be added to the Product price after choosing the delivery method. These costs will be summarised before You are asked to confirm and place your order and will also be listed in the corresponding email once You have chosen your delivery options.
We may be able to offer Consumers a VAT refund if they decide to have the Products delivered to certain countries in the European Union and, no more than thirty (30) days later, export them outside of the European Union under certain conditions. This possibility is not available to customers in the European Economic Area. For more information, contact our Customer Service Department.
We reserve the right to change prices and delivery costs at any time without notice.
We do everything reasonably possible to ensure that Product prices and shipping costs are up to date. However, it is possible that, despite our reasonable efforts, some of the Products offered through our Sales Channels or the relative delivery may be offered at an incorrect price. If any of the Products ordered or shipping costs are incorrect, We will contact You as soon as possible to inform You of the error. If we are unable to contact You using the contact information You provided during the Order Process (referred to in Section 7), We will cancel your order and notify You in writing. If We mistakenly accept and process your order even when there is an error in the price or delivery charges, we may cancel the delivery of the Product and refund the amounts You paid.
Please note that changes in the applicable law between the date of the order and the date of sending the written Shipping Confirmation (referred to in item 12) may result in changes to the fees related to the order. If the change will result in an increase in the fees You are charged, We will contact You and ask You to reconfirm your order.
We accept the payment methods indicated on the Sales Channels. Depending on the payment method, We may require additional information, including specific forms of identification.
When ordering through the Sales Channels, You must enter the payment information in the appropriate form. All payment card holders are subject to a validation check and authorisation by the card issuer. In the event that your payment card issuer refuses to authorise payment, You must contact your card issuer directly to resolve the problem.
Other payment methods may also be subject to validation and authorisation checks by payment facility providers. You expressly authorise us to perform security checks where We deem it necessary, to send information to third parties or obtain it from the same (including any updated information) about You and your payment card information. You authorise us to authenticate your identity, validate your payment card, obtain an initial authorisation for credit card payment, and to authorise individual purchase transactions.
The full purchase amount will normally be blocked on your payment method until your order is shipped, at which point You will be sent a Shipping Confirmation and charged the applicable purchase price.
Where PayPal, Alipay, WePay and iDeal are available as payment methods, the full amount of the purchase may be withdrawn immediately after the order is placed. Some of the above means of payment may only be available in some countries. Prepayment will have no effect on your rights under these Terms and Conditions of Sale (including, for example, your right to a refund). If we are unable to fulfil our shipping and/or delivery obligations outlined below, We will notify You by email and refund your advance payment without undue delay.
10. Notice of receipt of order
Once You have made your choice and placed your order through the Sales Channels, We will send You an Order Confirmation via email with details of your order along with a reference number. Please ensure that You save the order reference number for any future enquiries regarding your order. The Order Confirmation does not constitute acceptance of the order.
Before accepting and processing the order, We will perform the usual credit, anti-fraud, security, and related legal checks and, if the outcome is positive, We will process the order.
Upon receipt of the Order Confirmation, it is your responsibility to check it and make sure that it accurately reflects the order placed. If You have any questions or concerns, or if the Order Confirmation does not reflect what You have requested, You should promptly contact Customer Service.
11. Shipping policy
We only accept orders for delivery to the country or countries indicated during the Order Process. Please note that We do not ship to certain addresses, such as military addresses, certain restricted areas, or post office boxes. For more information, please contact our Customer Service Department.
If You order multiple Products, your order will be shipped only when all the Products are available (there will be no partial shipments unless otherwise notified).
12. Shipping confirmation.
When your order is processed and shipped, We will send You a Shipping Confirmation in writing (by email or through other channels).
Said Shipping Confirmation constitutes our acceptance of the order and indicates the existence of a binding contract of sale.
We will make every reasonable effort to ensure that the Products are delivered within the delivery period indicated in our Shipping Confirmation and, in any case, within thirty (30) days of such date, unless your purchase is for a Product regarding which You have been advised would require additional time for delivery, such as in the case of Products that are customised or manufactured to your specifications.
If delivery of the Products is delayed due to an event beyond our control, We will notify You as soon as possible and make every reasonable effort to minimise the delay. If We do not deliver within thirty (30) days of the date of the Shipment Confirmation date or by any other deadline specified by Us, You may contact Customer Service to cancel the relevant order and obtain a refund of the amount paid in advance for the Products You did not receive.
In any event, your only recourse in the event that your order is not delivered will be the right to cancel the order in question and receive a refund of the amount paid to Us in advance for the Products You did not receive.
When estimating delivery time, please take into account the time required for credit approval, address verification, security checks, and order processing. Please note that delivery is always contingent upon receipt of full payment.
When a Product is delivered, You or a person designated by You at the delivery address must affix a handwritten or electronic signature to the delivery receipt to confirm receipt.
From the moment of delivery, the risk and responsibility for the purchased Products pass to You. If, for the purpose of delivery, You have specified a recipient other than yourself (e.g., in the case of a gift), then You acknowledge and agree that the signature by said recipient (or a person designated at the delivery address) shall be deemed to be proof of delivery and of Flora Carmelin's performance of the contract of sale and shall result in the transfer of liability to the recipient as if the Product had been delivered to You. We reserve the right, including through a carrier, to deliver the Products only to the person named as the recipient in the order as indicated on the package label and to perform identity verification at the time of delivery for certain categories of Products. For more information, contact our Customer Service Department.
When You order Products through the Sales Channels, You will receive an invoice (sent to your email address as a PDF attachment or other format).
15. Returns and Exchanges
(a) Right of withdrawal
You have the right to withdraw from the contract of sale relating to one or more Products, without having to provide a reason, within 14 days of the day on which You acquire, or someone designated by You (other than the carrier) acquires, physical possession of the Products with which your order is concerned. If You are a customer residing in the European Union or the European Economic Area and have made a purchase through the Sales Channels, You are legally entitled to withdraw from the contract. To satisfy the withdrawal term, You simply need to withdraw before expiry of the withdrawal deadline.
To withdraw from the contract and return the Products, You can contact Customer Service and follow the instructions that will be provided, or You can send us an explicit instruction in writing via email, at firstname.lastname@example.org.
The right of withdrawal does not apply to supply of goods that are, among other things:
(i) tailor-made or clearly customised
(ii) likely to deteriorate or expire rapidly
(iii) sealed, which are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery.
(b) Return procedure.
Products purchased through the Sales Channels may only be returned to our Milan office in Via Paolo Lomazzo 55.
Products that have not been purchased through the Sales Channels or at Our Store may NOT be returned.
To return a Product, please follow the below procedure:
(i) Contact our Customer Service Department.
(ii) You may choose:
(a) to use our pick-up service and arrange a pick-up date with our courier
(b) to send the Product to our Milan location. At this stage You may be asked to provide us with information about the Product to enable us to make an initial assessment of the condition of the Product
(iii) Customer Service will email You a return form or ask You to complete the return form enclosed with the delivery of the Product
(iv) Please complete the information requested in the return form and sign it
(v) You must include in the delivery package, along with the Product:
(a) the completed return form
(b) the Product tag intact and properly attached to the Product by a coloured thread.
(c) the protective bag in which the Product is stored, in perfect original condition
(d) all accessories and any free items that may have been received as part of the order
(e) the original box.
(vi) Please seal the delivery package and affix the waybill that will be emailed to You by our Customer Service Department upon initial contact in (i) above
(vii) On the agreed date, our courier will pick up the sealed package and You will be given a receipt with a return tracking number that must be kept until an order refund confirmation is sent by email.
You must keep proof of the return shipment and We assume no responsibility if such proof cannot be produced. Only goods received by our office can be refunded or replaced.
(c) Condition of Returned Products
We will check that the returned Product meets our returns policy, outlined below, and where this is the case, We will proceed with a refund or replacement.
Our Products must be returned unused, in perfect condition, with all protective materials (Flora Carmelin branded protective bag) also in perfect condition, and with the product tags and stickers (where applicable) still attached, along with the original delivery box, including all accessories and documents.
We reserve the right not to accept any return if the Product shows signs of wear and tear or has been used or altered in any way or, alternatively, We reserve the right to reduce the amount of any applicable refund or replacement accordingly.
All returns will be subject to strict quality control ("QC") by us to ensure that the returned Products meet the above requirements. If the Products do not meet QC standards, We will refuse the return and the Products will be sent back to You. If the returned Product meets QC requirements, We will proceed with a refund or replacement.
Failure to comply with these Terms and Conditions of Sale will entitle us to reject the returned Product and send it back it to You at your expense.
(d) Products that cannot be returned or replaced
Orders for Products that have been customised in any way or otherwise made for You with specific customisations cannot be cancelled and such Products cannot be returned to Us for replacement or refund.
You may return a Product purchased through the Sales Channels for a refund, provided that the return complies with these Terms and Conditions of Sale, with regard in particular to the above provisions of sections (a) Right of Withdrawal, (b) Return Procedure, and (c) Condition of Returned Products.
Only You will be entitled to a refund of the purchase price. Under no circumstances will a person who received the Product as a gift be entitled to receive a refund. If you are the recipient of a gift and wish to return a Product, please contact Customer Service to check what options you may have.
If the return complies with the Terms and Conditions of Sale, We will make all commercially reasonable efforts to refund your purchase, using the same means of payment that You used for the initial transaction, within 14 days of receipt of the returned Product.
The refund amount will be subject to a deduction for each returned item to cover the cost of transporting and reconditioning the item:
Campione d'Italia and Livigno: €45
Europe 1: €35
Europe 2: €45
Europe 3: €95
Rest of the world: for a quotation on the cost deducted for returns, write to email@example.com
You may return a Product purchased through the Sales Channels to be exchanged for another Flora Carmelin Product, provided that the return complies with these Terms and Conditions of Sale, with regard in particular to the above provisions of sections (a) Right of Withdrawal, (b) Return Procedure, and (c) Condition of Returned Products.
In any case, the sale of the returned Product will be cancelled and a new order must be placed for the Product ordered.
The Consumer must notify Flora Carmelin by sending an email to the email address firstname.lastname@example.org, requesting the replacement with one or more items whose total cost is equal to or greater than the value of the returned product, or the issuance of a voucher of equal value to that of the goods, excluding transportation costs.
The voucher received by the Consumer is valid for 6 (six) months.
16. Manufacturer's Warranty and Consumer Rights
We are committed to ensuring that each Product strictly meets our quality criteria and has passed all our checks, both technical and aesthetic.
All Products sold through the Sales Channels benefit from the legal guarantee of conformity.
At your request, our Customer Service Department can provide You with additional information.
17. Complimentary services
The following complimentary services are available, free of charge, by writing to email@example.com 24 hours of receiving the Order Confirmation:
(a) Gift wrapping
All orders will be shipped in a Havana-coloured shipping box that will contain the Product placed in a Flora Carmelin branded protective bag, wrapped in tissue paper.
The Flora Carmelin gift box consists of a white paper package and coloured ribbon, placed inside the Havana-coloured shipping box.
In accordance with Section 15, orders for Customised Products cannot be cancelled and Customised Products cannot be returned for exchange or refund.
(b) Gift card
You can customise your order by requesting a personalised Flora Carmelin gift card, on which the message indicated by the Consumer will be handwritten. Flora Carmelin reserves the right to reject gift cards that it deems offensive or inappropriate.
For any repair requests related to a Product ordered through the Sales Channels, please contact Customer Service.
19. Product descriptions
We endeavour to ensure that the information concerning Product descriptions, sizes and colours available on the Sales Channels or communicated by Customer Service is accurate and complete. However, We neither expressly nor implicitly guarantee the accuracy, reliability, or completeness of such information.
20. Limitation of Liability
Insofar as is permitted by applicable law, We decline and exclude any guarantee and liability that is not mandatory by law.
Nothing in these Terms and Conditions of Sale shall limit or exclude any liability of ours that cannot be limited or declined under applicable law.
Notwithstanding the preceding sentence, under no circumstances shall our overall liability, of whatever nature, in your regard exceed one hundred percent of the total price of the Products purchased by You.
21. General provisions
In the event that any provision, or part thereof, of these Terms and Conditions of Sale is declared invalid, ineffective or unenforceable, said provision (or part thereof) shall not be deemed to be part of the Terms and Conditions of Sale, and the validity, effectiveness, or enforceability of the remaining provisions of these Terms and Conditions of Sale shall not be affected, except as otherwise provided for by applicable law.
The Terms and Conditions of Sale constitute the entire agreement between You and Flora Carmelin in connection with your order for the Products and Services, and supersede all prior agreements, draft agreements, understandings, commitments, or ancillary contracts of any nature entered into by the parties, either orally or in writing, having the same subject matter.
We are not responsible for any failure or delay in the performance or fulfilment of our obligations under these Terms and Conditions of Sale resulting from any cause beyond our reasonable control.
The waiver by us of a claim relating to a breach of any provision of these Terms and Conditions of Sale shall not be construed as a waiver of any other or subsequent breach.
This contract is between You and Flora Carmelin. No other person shall have the right to enforce its terms.
22. Applicable law and jurisdiction
These Terms and Conditions of Sale shall be subject to and interpreted in accordance with Italian law. Any dispute or legal action arising in relation to the Terms and Conditions of Sale, including their validity, effectiveness, and performance shall be adjudicated in accordance with the Terms and Conditions of Sale.
You may pursue legal action against Flora Carmelin before the Italian court of the place in which You are resident.
Without limiting your right to take legal action, You and Flora Carmelin shall make every reasonable effort, for a period of thirty (30) days, to amicably resolve any dispute or failure to agree that may arise in relation to a Product, the Terms and Conditions of Sale or any breach thereof.
If You are a Consumer residing in the European Union, You have the right to submit your complaint to an alternative dispute resolution body. To find a list of such bodies in your country, You can refer to the European Commission's online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
If You have any questions or comments about these Terms and Conditions of Sale or other matters in general, please contact us at firstname.lastname@example.org.
Last updated: 14 January 2023.