Shopping Cart 0 Cart0

You have no items in your shopping cart.

Shopping Cart 0 Cart0

You have no items in your shopping cart.

Terms and Conditions

GENERAL PROVISIONS

The company Calzaturificio Giovanni Fabiani srl, with registered office at Via dell’Industria 50, 63900, Fermo (FM) Italy VAT No. 00966430449 (hereinafter Giovanni Fabiani), is the holder of the Fabiani and Sara Kent brands, as well as the licensee of Giovanni Fabiani. The products it markets and distributes in Italy and in other countries around the world through its stores and the website http://shop.giovannifabiani.it (hereinafter “Site”), which it owns, are covered by these brands.

These general terms and conditions of trade (hereinafter General Terms and Conditions) regulate the purchase of the products (Products) that is carried out remotely via computer through the Site. These purchases are reserved for the Site users who intend to avail themselves of the sales services of the Products (hereinafter Customers).

The Customer shall acknowledge and read these General Terms and Conditions before completing any purchase on the Site. This information, indeed, is to be considered as entirely read, understood and accepted by the Customer when making a purchase order. The Customer shall therefore comply with these General Terms and Conditions and consider Giovanni Fabiani as not being subject to any terms and conditions other than the ones in force, not having been agreed upon in advance in writing.

PRODUCTS

The products available on the Site for online purchase are footwear and fashion accessories. All Products are subject to the availability at the time of the order. Giovanni Fabiani reserves the right to modify at any time the amount and/or the type of the products that can be purchased on the Site. The Customer will be informed if his/her order cannot be carried out due to the unavailability of the product required, since the access of many Customers at the same time and the simultaneous possibility to order online affect the product availability. Therefore, Giovanni Fabiani does not ensure with certainty that the ordered goods will be delivered.

PRICES

All Product prices on the Site are expressed in € (Euro) and include all taxes or fees applied in Italy, whereas any taxes or customs duties of the recipient country are excluded and will be borne by the Customer. The prices do not include shipping and delivery charges, unless otherwise expressly indicated. Giovanni Fabiani will use its best endeavour to ensure that all pricing information on the Site is accurate, but cannot guarantee the absolute absence of mistakes. In the event of a mistake in the price of a product, Giovanni Fabiani will allow the Customer to reconfirm the purchase of the Products at the correct price or to cancel the order.

PROMOTIONS

Giovanni Fabiani reserves the right to implement special sales terms of sale or promotions on the Products available on the Site. The conditions applied to the promotions shall be regulated from time to time by Giovanni Fabiani through special communications to the Customers. For anything not otherwise regulated, these General Terms and Conditions shall apply.

REGISTRATION

Registration is required in order to complete a purchase or have access to a specific service on the site. In other cases, the site can be visited in a completely anonymous way. The Site registration procedure requires to fill in an e-form, whose fields shall be filled out with the Customer’s personal data and his/her email address. Your consent is required to complete the registration. These data will be processed according to the privacy policy in force. After the registration, the Customer will own a personal account, which he/she will be able to access by means of a username and a password, both strictly confidential. The system repeats the same data for subsequent purchases, but you can change them at any time. The assignment of these credentials enables an anonymous identification by the Customer. The Customer is responsible for not disclosing for any reason his/her own password to a third party.

The Customer shall be liable for any action or irregular behaviour against the laws in force or these General Terms and Conditions committed by anyone using the personal account on his/her behalf. The Customer is required to promptly report to Giovanni Fabiani about any theft or loss of the password, as well as about any improper use of the account or the password made by a third party.

PURCHASE PROCEDURE

The essential features and the prices of the Products are set out in the offer for each individual product available on the Site.

In order to purchase the selected Products, the Costumer shall complete and send the online purchase form to Giovanni Fabiani, following the instructions indicated on the Site. The Customer shall add the Product to the “shopping bag” and, after having checked and accepted the shipping charges, as well as the General Terms and Conditions, the Privacy Policy and the withdrawal right policy, he/she shall select the desired payment method and choose the option “Place order”.
Orders can be placed upon registration and creation of a customer’s personal account, as per the preceding paragraphs, following the steps and instructions specified on the Site.

PURCHASE AGREEMENT

The Agreement between Giovanni Fabiani and the Customer shall be considered as concluded when the order submitted by the Customer, in accordance with the purchase procedure indicated on the Site and upon receiving the debit authorisation with the method chosen by the Customer, reaches the address of the Site. The order submitted by the Customer shall be binding for Giovanni Fabiani only if the entire purchase procedure has been duly and correctly completed without any error notification by the Site. Giovanni Fabiani is not liable for any malfunctions due to the provider of the data transmission network.

By submitting an order to Giovanni Fabiani, the Customer acknowledges and states that he/she has read all indications provided during the purchase procedure and he/she entirely accepts the General Terms and Conditions.
The online order form will be filed in the Site database for the time required to process orders.

Giovanni Fabiani will send the Customer, via email, a confirmation of receipt of the purchase order sent by the Customer, containing the details of the purchased Products, the number and the date of the order, the address of Giovanni Fabiani, information about the customer services and the existing commercial guarantees, the conditions of withdrawal, the detailed price of the Product(s), the payment method chosen by the Customer and the expected date of delivery.
The transaction will proceed towards the conclusion of the agreement without prejudice to what is provided for in the clause “Shipping and delivery” in relation to the impossibility to process the order due to the unavailability of the Product(s).
The Customer shall promptly verify the content of the email and shall immediately notify Giovanni Fabiani of any mistakes or omissions.

PAYMENT TERMS

The Customer may pay for the Products and the pertaining shipping charges by credit card, Bank Transfer and Paypal. In order to prevent Internet frauds, the payment made through the Site will be managed online by the operator concerned through the above-mentioned offered tools.

These operators are responsible for storing and automatically processing in a protected environment the information related to each order, including financial information. All financial information, such as credit card number, expiration date, etc., is directly administered by the competent operator, who guarantees the security of online transactions. Giovanni Fabiani never gets to know the credit card details or other financial information concerning the Customer, and is therefore able neither to record nor to keep them in any way.

For this reason, Giovanni Fabiani entrusts the operator with the task of supporting its customers at any stage of the payment process.

The transaction by credit card will be charged to the Customer’s credit card only once the credit card data have been verified, the debit authorisation by the company issuing the credit card used by the Customer has been received, and the availability of the product has been confirmed by Giovanni Fabiani.

Payment by Bank Transfer.
In case of payment by bank transfer, once the order has been submitted you are requested to make the payment within 3 days from the purchase date.
In the reason for payment by bank transfer you will have to specify the date and the reference number of the order, provided at the time of purchase, as well as the Customer’s name and surname.
The product shipment will be made within three working days after the payment has been credited (which usually occurs within 3-4 days from the moment the bank transfer has been completed).

Bank details:
CALZATURIFICIO GIOVANNI FABIANI SRL
CARIFERMO
IBAN: IT06D0615069660CC0171008292
SWIFT-BIC: CRFEIT 3FXXX

SHIPPING AND DELIVERY

For the delivery of his/her purchases, the Customer may choose his/her residence, domicile, workplace, or the home address of the person of his/her choice, whose residence or domicile is within the European Union or in Switzerland.
For safety reasons, no deliveries to post office boxes will be made and the order will not be processed.

For every order being placed on the Site, Giovanni Fabiani will issue a sales invoice for the shipped products, and will send it to the person who placed the order, pursuant to Presidential Decree No. 633/72. The invoice will be issued based on the information provided by the Customer at the time of the order. No change in the invoice will be possible after it has been issued.

The Customer can check the delivery status directly from the courier’s website, thanks to the references that will be provided via email together with the shipping confirmation. Deliveries are made to the address stated by the Customer, who is asked to provide a phone number so that the courier can contact him/her before delivery. After two failed attempts to deliver, the goods remain in stock and will be picked up at the courier’s warehouse. Any storage costs are charged to the Customer.

In Italy shipping is free of charge, but this does not apply to returned goods. Gratuity depends on the destination country: in some countries, the costs are charged to the Customer and are clearly indicated in the order form. They may vary depending on the chosen method of delivery and the destination of the Products. In the event of returned goods, the Customer shall bear all relevant costs.
All purchases will be delivered by courier and shipped within 3 working days from the order confirmation. In the event that the order is carried out during public or business holidays, the shipment will be carried out within the 3 following working days.

The orders will be processed and delivered from Monday to Friday, with the exception of non-working days, national and business holidays. Giovanni Fabiani shall not be liable for unpredictable delays, it being understood that, except in cases of force majeure, the Products will be sent within a maximum period of 3 (three) days from the day following the dispatch of the order confirmation (except in cases of public and business holidays), and Giovanni Fabiani shall not be liable for the delivery of the goods.

For the delivery of the goods, the Customer or one of his/her agents must be at the recipient’s address indicated in the order. Upon delivery of the goods by the Courier, the Customer is required to check:
a) that the number of packages is the same as indicated in the invoice;
b) that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials.
Any damage to the packaging and/or product or the mismatch in the number of packages or information must be immediately notified, by indicating it in writing on the Courier’s proof of delivery. Once the document of the Courier has been signed, the Customer cannot make any objection about the appearance of what was delivered. The Customer shall give immediate notice of acceptance subject to checking. If the courier refuses to have the written check affixed, the Customer is advised to reject the shipment. In this case as well, the Customer is asked to contact the Customer Care.
If, once opened, the contents of the parcel accepted subject to checking are damaged due to shipping, the Customer shall initiate the withdrawal procedure.

If subsequent to the order confirmation it is not possible to deliver the ordered goods as a result of even temporary unavailability, Giovanni Fabiani shall promptly notify the Customer via email, and in any case no later than the 5 (five) following working days. The amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 14 (fourteen) days of receipt of the product subject to withdrawal.
Tracking number of the shipment
Giovanni Fabiani will send the Customer a confirmation email once the Products have been shipped. A copy of the invoice will be added to the email as an attachment, as well as the instructions to track the shipment and the withdrawal form. In order to ensure the safety of the Product delivery, Giovanni Fabiani will keep the tracking number of each delivery.

CUSTOMER CARE

The customer service is available from 8.30 to 12.00 and from 15.00 to 18.00 from Monday to Friday, with the exception of public or business holidays. Email orders received on Friday after 17.30 will be considered on the following Monday, again with the exception of public or business holidays. These will be directly announced on the site.

ERRORS AND INACCURACIES

Giovanni Fabiani aims to provide constantly updated information on the Site.
Nevertheless, it cannot guarantee that the Site is completely free of mistakes. The Site might contain typing errors, mistakes, inaccuracies or omissions, some of which may refer to the price and availability of the Product, and to the information sheet of the product itself. The picture accompanying the description of a product might be not fully representative of its features, but differ in graphic patterns.
Giovanni Fabiani reserves the right to correct any errors, inaccuracies or omissions even after an order has been submitted. Furthermore, it reserves the right to change or update information at any time without giving prior notice.

GUARANTEE OF AUTHENTICITY

Giovanni Fabiani guarantees the authenticity of all Products purchased on the Site. The Products branded by Giovanni Fabiani, Fabiani and Sara Kent are made with the best materials. All Products are made in Italy. All intellectual property rights such as trademarks, service marks, form marks and copyrights are the sole and exclusive property of Giovanni Fabiani, or reserved for the exclusive use by the company. No page or other content of this Site may be reproduced without prior and express written permission.

COPYRIGHT AND INDUSTRIAL DIRECTIVES

All copyrights relating to the website content (such as, but not limited to, text, graphics, photographs, pictures, user interface) as well as the selection, coordination and organisation of these contents are owned by Giovanni Fabiani. No statement that may be contained on the site shall grant any license or industrial rights on the copyright of Giovanni Fabiani or third parties. The contents of the website are intended only for the Customers of the site, the unauthorised commercial use of the available contents is forbidden. The Customer can freely display the contents of the site, print, copy and store them on the hard disk of his/her computer or other physical media, under his/her own responsibility and exclusively for personal and private use, in compliance with the current legislation on copyright protection. All rights pertaining to trademarks, product names, trade names, logos, product packaging and designs of all products or services by Giovanni Fabiani or third parties, both in expanded form and with the trademark symbol, belong exclusively to their legitimate owners, in accordance with the international agreements and the relevant laws in force. All uses that may infringe these rights are expressly prohibited.

CUSTOMER’S OBLIGATIONS

The Customer undertakes not to transmit, disseminate, send, communicate or store information and other materials: those protected by copyright or revealing trade secrets; obscene, defamatory, threatening, harassing, abusive, libellous, sexually explicit materials; messages being unsolicited or constituting advertising or purchase offers, surveys, chain letters; materials containing viruses, Trojan horses, worms, time bombs, and other elements intended to damage, intercept or misuse data, information, physical and logical structures of Giovanni Fabiani, its affiliates or third parties. Furthermore, the Customer agrees not to: register as a Customer using maliciously false or incomplete information; allow third parties to use his/her username or password once registered; delete or modify any materials or other information from other users; collect or otherwise obtain information about others, including email addresses, without the owner’s express consent; access site data being protected or without authorisation and infringe the system or the security measures of the site; act so as to overload unreasonably or disproportionally the physical and logical systems of the site, also through actions such as “flooding”, “spamming”, “email bombing” or “crashing”; use any device, software or other programmes for the purpose of jeopardising or attempting to jeopardise the proper functioning of the site; attempt to decipher, decompile, disassemble and decode the software that makes up or constitutes part of the site; use or attempt to use engines, software programmes, tools, agents or other mechanisms (such as: spiders, robots, etc.) that allow you to browse or perform searches on the site without using the engines or its search agents. Any conduct that is illegal or does not comply with these provisions shall be prosecuted according to the law by the competent authorities.

MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are regulated by the Italian law.

Giovanni Fabiani reserves the right to modify these General Terms and Conditions of trade at any time. Any changes, modifications, deletions or additions will take effect immediately after the notification thereof through notes published on the Site. Once the communication has been given, any access and use of Giovanni Fabiani services by the Customer is to be considered as full acceptance of the changes occurred.

In the event of any disagreement whatsoever concerning the interpretation, the enforcement and the fulfilment of this agreement and of the general terms and conditions of trade previously established, the parties agree in advance to identify the Italian jurisdiction as applicable law and to transfer any disputes to the exclusive jurisdiction of the Civil Court of Fermo.

CONTACTS

For any further information and assistance on the Site or on online purchases, please contact us at the email address customercare@giovannifabiani.it or at the address below:
Calzaturificio Giovanni Fabiani srl
Via dell'Industria 50, 63900, Fermo (FM) – Italy

 

OWNER AND DATA PROCESSING MANAGER

The data processing manager is Calzaturificio Giovanni Fabiani srl with registered office at Via dell’Industria 50, 63900, Fermo (FM), Italy.
The data provided by the Customer may be transferred to third parties with the sole aim of performing the services required as well as institutional activities or operations connected with the activities carried out by the company.

In particular, the data processed by Giovanni Fabiani may be used:

a) for purposes connected with legal obligations or rules provided for in the European Community regulations and legislation as well as provisions issued by authorities legitimated to do so by law;
b) for the purchase of Products by filling in the relevant order form;
c) for carrying out orders;
d) for providing assistance services and customer care support;
e) for signing up to the Site, through the relevant registration form, to provide access to reserved areas;
f) for purposes connected with the activities carried out by Giovanni Fabiani, for which the Customer has the right to give or withhold his/her consent to data processing; these purposes include, for example: forwarding of advertising material, news, use of data for statistical purposes and for creating consumer profiles.

In relation to the above-mentioned purposes, processing is carried out by people in charge of using data processing systems and through IT and telematic tools with software processing and database filing. All processing procedures are based on criteria and principles strictly connected with the Site aims and, in any case, they are able to ensure confidentiality and data security.

Compulsory nature of required information and collected data.

The Customer’s personal data are required and collected, and they must be compulsorily provided for the purposes referred to in a), b), c), d) and e). In this case, any refusal to grant consent will not allow the conclusion of the agreement or will prevent Giovanni Fabiani from processing the Customer’s requests with regard to the available services.

Failure to consent to the processing of optional data for the purposes referred to in f) will not result in any prejudicial consequence.
In order to facilitate the identification of the compulsory nature of the required data, the relevant field will be marked with an asterisk (*).

Subjects and categories of subjects to whom the data may be disclosed:

In order to fulfil the contractual obligations, as well as in order to provide the services offered, Giovanni Fabiani also cooperates with external companies that carry out activities strictly related and instrumental to the fulfilment and the performance of the agreements concluded and the services offered, such as:

Management of customers’ records;
Customer relationships;
Shipping and carrier companies regarding the delivery of goods and customs procedures;
Bank institutes for the management of credit collections and payments;
Financial administrations and other entities in fulfilment of legal obligations;
Companies and law firms for the protection of rights pertaining to contractual relationships;
Freelancers for administrative and bookkeeping requirements;
Postal services;
Companies appointed by Giovanni Fabiani for market analysis, marketing and communication activities.

The processing of data by these subjects is therefore aimed at the implementation of the instructions received from customers and/or at the storage on computer media.
The data may also be communicated to all subjects to whom the communication is due according to legal obligations, such as judicial authorities.

CUSTOMER’S RIGHTS

Pursuant to Art. 7 of Legislative Decree No. 196/2003, the Customer is entitled to access the following information:

1. Confirmation of the existence/non-existence of personal data regarding the Customer, even if not yet registered, and transmission of such data in an intelligible form.

2. Indication of:
a) the source of the personal data;
b) the purposes and methods of data processing;
c) the policy applied in case of data processing with the aid of electronic tools;
d) the identification details of the owner, the managers and the representative appointed pursuant to Article 5, paragraph 2;
e) the subjects or the categories of subjects to whom the data may be disclosed or who can gain access to them as representative appointed within the State, as managers or agents.

3. The interested party has the right to obtain:

a) the updating, the rectification or, in case of interest, the integration of the data;
b) the cancellation, the anonymisation or the blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the statement that the operations referred to in a) and b) have been brought, also as regards their content, to the attention of those to whom the data were communicated or disclosed, except if this requirement is impossible or requires clearly excessive means if compared to the protected right.

4. The interested party has the right to oppose, in whole or in part:

a) the processing of his/her personal data for legitimate reasons, even if they are relevant for collection purposes;
b) the processing of his/her personal data for the forwarding of advertising material or direct selling or for carrying out market research or commercial communication.

PRIVACY POLICY

The Customer is required to carefully read the following information related to privacy protection: the laws governing the privacy policy of the Site are applied every time a Customer accesses the Site and decides to browse the website and avail himself/herself of the services being offered, regardless of the purchase of products.
The privacy policy of Giovanni Fabiani complies with the information referred to in Article 13 of Legislative Decree No. 196/2003, called “Code concerning the processing of personal data” and regarding Customers who access the Site and interact with the web services of Giovanni Fabiani.

Please be informed that the Site contains links to other websites that may have no connection with it, and that these General Terms and Conditions are valid only for the Site and not for other websites that are accessed by the user via links managed by other owners, which Giovanni Fabiani does not control or monitor. Therefore, the company cannot be held responsible for errors, contents, cookies, publication of immoral, illegal contents, advertising, banners or files that do not comply with current regulations. Furthermore, it declines any responsibility as regards the compliance with the privacy protection legislation by websites out of Giovanni Fabiani owner’s management.


COOKIES POLICY

Cookies are small text files sent to the user from the visited website. They are stored on the computer hard disk, thus allowing the website to recognise customers and store certain information about them, in order to enable or improve the service offered. There are different types of cookies. Some are required to be able to browse the Site, others have different goals such as ensuring internal security, system administration, performing statistical analysis, understanding which sections of the Site matter most to the customers or offering a tailor-made visit of the Site. This website uses technical cookies for which it is not necessary to obtain the customer’s prior and informed consent. The foregoing relates both to the customer’s computer and to any other device that the customer can use to connect to the Site. Technical cookies are those used for the sole purpose of carrying out the transmission of a communication over an electronic communication network, or to the extent strictly necessary for the provider of an information society service explicitly required by the customer to provide this service. They are not used for other purposes and are normally installed directly by the website owner or operator. They can be divided into navigation or session cookies, which guarantee the normal navigation and use of the website (allowing, for example, to make a purchase or authenticate to access reserved areas); anonymous analytics cookies, assimilated to technical cookies when used directly by the site operator to collect information, in aggregate form, on the number of customers and on how they visit the site; functionality cookies, which allow the customer to browse based on a set of selected criteria (for example, language, products selected for purchase) in order to improve the service offered. Disabling cookies may limit your ability to use the Site and prevent you from fully benefiting from the functions and services available on the Site. The site also uses third-party cookies generated by Facebook.
Please find below the link of the policies of third-party cookies used on the Site.

Cookies used by Google Analytics to analyse the navigation statistics Read more

Cookies used by Facebook to transmit feeds Read more

How to change the cookie settings
Most browsers automatically accept cookies, but the customer can usually change the settings to disable this function. You can block all types of cookies, or accept to receive only some of them, and disable others. The “Options” or “Preferences” section in the browser menu allows you to avoid receiving cookies and other user tracking technologies, and tells you how to be notified by the browser of the activation of these technologies. Alternatively, you can also visit the “Help” section of the toolbar available in most browsers.
You can also select the browser you used from the list below and follow the instructions: Internet Explorer Chrome Safari Firefox Opera From mobile devices: Android Safari Windows Phone Blackberry
To learn more about cookies and to manage cookie preferences (first and/or third-party cookies), customers are invited to visit the platform www.youronlinechoices.com.
However, please note that disabling navigation or functionality cookies may result in malfunction of the Site and/or limit the service offered.

RETURNS, CANCELLATION OF ORDERS AND WITHDRAWAL RIGHT

Giovanni Fabiani intends to ensure full Customer satisfaction.
Giovanni Fabiani will refund the entire cost of the Products that are returned by the Customer exercising his/her right of withdrawal as regulated below.

Refunds will be made following the prior authorisation by Giovanni Fabiani with the payment method agreed from time to time with the Customer. The purchased goods may be returned within a maximum of 14 (fourteen) days from the delivery date. The Products having been purchased online may be refunded or returned to the store at Via dell’Industria 50 in Fermo (FM), again according to the law.

The delivery costs for the return of the Products shall be borne by the Customer; any costs incurred by the Customer for the return are not refundable.
Giovanni Fabiani reserves the right to refuse the return of those Products that have been worn or damaged by the Customer.

As expressly provided for in Art. 56 paragraph 3 of Legislative Decree No. 206/2005, Giovanni Fabiani will strive to promptly refund the Customer no later than 30 days from the actual and final return of the item that has been previously authorised, unless Giovanni Fabiani establishes, after receiving the product, that the damage was caused by the Customer. Giovanni Fabiani will send a notification email once the refund has been carried out.

Once the return has been authorised, the Customer Service of Giovanni Fabiani will quickly give the Customer instructions on how to return the items, which must take place within 14 days.
It is recommended to ship the Products to be returned using the courier having been chosen and providing all shipping information in order to track the shipping.

Giovanni Fabiani will not be responsible for the reimbursement or compensation of those shipped products that have been lost, stolen or damaged. Pursuant to Art. 54 of Legislative Decree No. 206/2005, the Customer is entitled to withdraw from the agreement without penalty and without giving any reason within 14 (fourteen) working days from the date of receipt of the Products, without prejudice to what is provided for in the following paragraphs. The items must be returned without having been damaged or used or worn within 14 days from the date of acceptance of the withdrawal by Giovanni Fabiani. In which case the Customer will lose his/her right of withdrawal and will have no right to reimbursement. In order to exercise his/her right of withdrawal, the Customer must fill in the relevant form and send an email to the address giovannifabianisrl@poste-certificate.it or a registered mail with return receipt to:
Calzaturificio Giovanni Fabiani srl
Via dell’Industria 50 – 63900, Fermo (FM) – Italy

The withdrawal form will include:
– the explicit intention to exercise the right of withdrawal pursuant to Art. 64 of Legislative Decree No. 206/2005;
– Name, surname, address and email address;
– The order sequence number provided at the time of purchase.
 
The purchased Product must be returned in its entirety and undamaged, in its original packaging, complete in all its parts (including packaging and any documentation, etc.).
In the event of damage to the returned item during transport, Giovanni Fabiani shall notify the Customer thereof (within five working days of receipt of the goods in the warehouses), in order to allow the Customer to file a timely complaint against the courier and obtain reimbursement of the value of the item (if insured). Giovanni Fabiani shall not be liable in any way for damage or theft/loss of goods having been returned with uninsured shipments. On arrival (at the warehouse), the product will be examined in order to assess any possible damage or tampering resulting from transport.