General terms of sale
1. Our Commercial Policy
1.1 The Seller (Red Foal S.r.l.) sells on its own Red Foal digital platform, its branded products and carries out its e-commerce activities exclusively towards the end-users who are “consumers”.
1.2 The word “consumer” refers to any natural or legal person who uses the Red Foal digital platform for those purposes that are not related to their own commercial, business, or professional activity. If you are not a “consumer”, we invite you not to conclude any commercial transactions on the Red Foal digital platform.
1.3 In consideration of its commercial policy, the Seller reserves the right not to process orders from subjects other than the “consumer” or in any case to orders that do not comply with its commercial policy.
1.4 These General Sales Terms & Conditions exclusively regulate the offer, forwarding, and acceptance of purchase orders for products on the Red Foal digital platform between the platform users and the Seller.
1.5 These General Sales Terms & Conditions, on the other hand, do not regulate the supply of services or the sale of products by parties other than the Seller who might be present on the Red Foal digital platform through links, banners, or other hypertext links. Before submitting orders and purchasing products and services from parties other than the Seller, we advise you to check their sales terms & conditions, because the Seller is not responsible for the supply of services by third parties other than the Seller or for the conclusion of e-commerce operations between users of the Red Foal digital platform and third parties.
2. How to purchase of products
2.1 To proceed with the purchase of one or more products on the Red Foal digital platform, you will need to fill in the order form and forward it to the Seller, following the provided instructions.
2.2 Before purchasing the products, by submitting the order form, you will be asked to carefully read the General Sales Terms & Conditions and the Information on your Right of Withdrawal, print a copy of both and store or make a copy for your personal use. We will also send you a summary of our commercial and contractual conditions the purchase of our products, referencing the General Sales Terms & Conditions and a summary with all the information on the main features of each product ordered alongside its price (including all applicable taxes or duties), the payment methods available, the delivery options, the complaints procedure and both shipping and delivery costs; as well as the addresses and contact details of the Seller and the date by which the Seller intends to deliver the goods. The Seller will also provide you with summarized information of the terms and conditions for exercising your right of withdrawal and the methods and timing to return or exchange the purchased products and will provide you with a return form. You will also be given information regarding the possible circumstances in which you will lose your right to reconsider your purchase. If applicable, you will be informed that, in the event of withdrawal, the costs to return the items will be at your expense. In any case, you will be reminded of the legal guarantee of products conformity and the Seller will share all contact details of our after-sales service with you and, finally, we will remind you that you can also turn to an institutional and independent conciliation service called RisolviOnline, provided by the Arbitration Chamber of the Milan Chamber of Commerce.
2.3 The order form, shown immediately before the purchase, will display information about the main feature of each product ordered, the price (including all applicable taxes or duties), and the shipping costs (including any additional costs incurred by you for choosing a different and/or faster type of delivery than the standard one). The purchase will be complete when the Seller receives your order. Please make sure to verify the accuracy of your data.
2.4 The order form will be stored in our database for the period of time necessary to process it and in any case within the terms indicated by law. You will be able to access your orders on your My Orders section.
2.5 Once you place your order, you will be warned that it implies the obligation to pay the indicated sum. Before you submit your order, you will be asked to verify the correctness of the data provided.
2.6 Once the purchase form is submitted, the Seller will process your order.
2.7 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in case if products are unavailable. If it happens, we will inform you by e-mail that the purchase is not valid or that the Seller hasn’t processed your order, specifying the reasons. If the products, presented on the Red Foal digital platform, are no longer available or sold at the time of your last access to the website or when the order form is submitted, it will be the Seller’s responsibility to notify you, promptly and in any case within thirty (30) days from order submission, of any unavailability of the products ordered. In case of correct purchase and payment, the Seller will refund, without undue delay, what you have already paid and the contract between the parties will be considered terminated.
2.8 With the electronic submission of the order form, you unconditionally accept and commit to observe, in relation with the Seller, these General Sales Terms & Conditions. If you do not agree with some of the terms listed here, please do not submit your order on the Red Foal digital platform.
2.10 Once the order is placed, the Seller will send you a receipt of the purchase order via e-mail, containing the General Sales Terms & Conditions and a summary document on your Right of Withdrawal and therefore, all the information already contained in the summary of the commercial and contractual conditions that you can view before purchasing items.
3. Warranty and product pricing
3.1 The Red Foal digital platform displays only original Red Foal products that are purchased directly by the Seller from either the fashion brand and/or the manufacturer authorized by them.
3.2 The Seller does not sell used, faulty or products that don’t comply with the market quality standards.
3.3 The main characteristics of the products can be found in each product sheet on the Red Foal website. The photos and colors of the products displayed on the website, however, may vary slightly from reality depending on the browser and monitor used.
3.4 I prezzi dei prodotti potrebbero essere soggetti ad aggiornamenti. Accertati del prezzo finale di vendita prima di inoltrare il relativo modulo d’ordine.
3.5 Purchase requests from countries not included among those indicated in the list of countries in which the brand distributes its products cannot be accepted by the Seller.
3.6 When exercising your right of withdrawal, the Seller has the right not to accept your return or not refund you in full if some or all products have been altered or damaged, as better explained in paragraph 7.10.
3.7 All products sold by the Seller are covered by the legal guarantee of six (6) months for lack of conformity, in compliance with the applicable law. The lack of conformity of the product must be communicated to the Seller within two (2) months of its discovery. The lack of conformity can be communicated to the Seller via their Customer Service. If the items do not conform to their standards, you have the right to request the repair or replacement of the products. If the latter solution is not viable or excessively complicated, you will be entitled to a price reduction or the termination of the sales contract, as per art. 130 of the Consumer Code.
4.1 To pay the products and all related shipping and delivery costs, you can select one of the methods indicated in the order form. In no case will you be charged higher costs than those actually incurred by the Seller, in relation to the chosen payment method.
4.2 In case of credit card payment, all information (for example, credit/debit card number or its expiry date) will be forwarded, via encrypted protocol, to the bank managing the transaction, which provides the related remote electronic payment services, without third parties having access to them in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue refunds in the event of any product returns, following the exercise of your right of withdrawal, or if it becomes necessary to prevent or report to the police possible fraudulent activities on the Red Foal digital platform. The price for the purchase of products and the shipping costs will be charged on the product price.
5. Products shipping and delivery
5.1 To find out about the available shipping and delivery methods, access the Customer Service section. Please read the information carefully as it is an integral and substantial part of these General Sales Terms & Conditions and, therefore, are deemed to be fully known and accepted by you at the time of your order. Customer service
7. Right of withdrawal
7.1 You have the right to reconsider your contract with the Seller, without incurring in any penalty and without specifying the reason, within fourteen (14) days from the day you receive the goods purchased on the Red Foal digital platform.
7.2 To exercise your right of withdrawal, you can use the return form (compliant with Article 49, paragraph 4 of the Consumer Code). You must fill in the form and submit it to the Seller as an explicit declaration of your decision. You’ll be asked to prove the correct and timely exercise of your right of withdrawal.
7.3 Once you have exercised your right of reconsider you must promptly return the products to the Seller by delivering them to the courier for shipment which must take place no later than (10) days from the date indicated on the return form.
7.4 The only costs at your expense are those for returning the goods.
7.5 You will have to pay for the costs of returning the products yourself. You take full responsibility in case of loss or damage of the items during transport, which could be due to your negligent choice of courier and/or the shipping methods.
7.6 The Right of Withdrawal – in addition to the compliance with the terms and modalities described in points 7.1, 7.2, 7.3 and 7.4 above – is understood to be exercised correctly if also the following conditions are also fully met:
7.6.1 The return form must be correctly filled in and sent to the Seller within fourteen (14) days from items reception.
7.6.2 the products must not have been used, worn, washed;
7.6.3 the product’s tag must still be attached to the items with its disposable seal which is an integral part of the goods;
7.6.4 the products must be returned in their original packaging;
7.6.5 the products must not be damaged.
7.7 If the Right of Withdrawal is exercised following the terms and modalities indicated in this paragraph (7), the Seller will refund any sum already collected for your purchase according to the methods and terms provided.
7.8 The money will be refunded as soon as possible and, in any case, within fourteen (14) days from the return form reception date, upon verification of compliance with the terms and conditions indicated above, we will start the refund procedures as indicated in paragraph 8.
7.9 If the modalities and terms of your return are not respected, you will not be entitled to a refund. Within 14 days of reception of our notification regarding the non-acceptance of your return, you can choose to get the products back in the state in which they were returned to the Seller, at your expense. You can do that by notifying the Seller as it will be indicated to you. Otherwise, the Seller will retain the products, as well as the total amount you already paid.
7.10 If conditions set out in points 7.6.1, 7.6.2, and 7.6.3 of paragraph 7.6 are not met, you will not be entitled to a full refund. In fact, you will be held responsible for the decrease in value of the returned goods, resulting from an use that is different from that authorized by the Seller, given in order to allow you to ascertain the nature, characteristics, and functioning of the products themselves. In this case, a percentage between the 10 and 90 of the total amount will be deducted from the expected refund, according to what will be specifically communicated to you by email by the Seller. Within 14 days from the deduction notification by the Seller, you can choose to get the products back, in the state in which they were returned to the Seller, at your expense. You can do that by notifying the Seller as it will be indicated to you. Otherwise, the Seller may keep the products and an amount corresponding to the percentage deducted from the refund.
8. Refunds time and methods
8.1 After the products are returned, the Seller will verify the compliance with the terms and conditions indicated in paragraph 7. In the event that the checks are concluded positively, the Seller will send you, via e-mail, a return acceptance confirmation. In the event that the checks are not concluded positively, the Seller will notify you, via e-mail, of a value decrease of the returned products, resulting from your failure to comply with the conditions indicated in the previous paragraph 7.3. At the same time, the Seller will also notify you of the amount that will be deducted from the total paid for the purchase; this won’t prejudice the possibility of regaining, at your expense, the products in the state in which they were returned to the Seller, in accordance with paragraph 7.10 above.
8.2 Whatever the payment method used, the total or partial refund will be processed by the Seller, within fourteen (14) days return from reception date.
8.3 The Seller will proceed to refund you using the payment method of your choice upon purchase unless otherwise agreed with the Seller and on condition that you do not have to pay any additional cost as a consequence of the refund. If there is no correspondence between the recipient of the goods stated in the order form and who made the purchase payment, the refund will be, in any case, forwarded to the person who made the payment.
8.4 The value date of the credit is the same as that of debit; therefore no loss will be suffered in terms of bank interests.
10. Intellectual property rights
10.1 The contents of the Red Foal digital platform, such as, by way of example, products, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos, and any other material, in any format, including menus, web pages, graphics, colors, diagrams, tools, fonts, and website design, diagrams, layouts, methods, processes, functions, and software are protected by copyright and by any other intellectual property right of the Owner and other rights holders. The total or partial reproduction, in any form, of the Red Foal digital platform and its contents, is prohibited without the express written consent of the Owner, who has the exclusive right to authorize or prohibit the reproduction, direct or indirect, temporary or permanent, in any way or form, total or partial, of the Red Foal digital platform and its contents. With regard to the use of the Red Foal digital platform, you are only authorized to view the website and its contents. You are also authorized to perform all those other temporary acts of reproduction, without any economic significance of their own, which are considered transitory or accessory, an integral and essential part of the same visualization of the Red Foal digital platform and its contents and all other operations of navigation on the website that is performed only for legitimate use of the Red Foal digital platform and its contents. You are not authorized to make any reproduction, on any medium, in whole or in part of the Red Foal digital platform and its contents. Any act of reproduction must be, from time to time, authorized by the Owner or, if necessary, by the authors of the individual works contained on the website. Said reproduction operations must in any case be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of the Owner and of the authors of the individual works present on the website. The authors of all individual works published on the Red Foal digital platform have, at any time, the right to claim authorship of their works and to oppose any deformation, mutilation, or other modification of the works themselves including any act done to damage the works, whether it is detrimental to their honor or reputation. You commit to respect the copyright of the artists who have chosen to publish their works on the Red Foal digital platform or who have collaborated with the Red Foal digital platform to create new expressive and artistic forms, intended to be published, also non-exclusively on the website, or, again, which form an integral part of it. Furthermore, you are not, under any circumstances, authorized to use, in any way and form, the contents of the website and every single work protected by copyright and by any other intellectual property right. By way of example, you will not be able to alter or, in any other way, modify the contents and protected works without the consent of the Owner and, where necessary, of the individual authors of the works published on the Red Foal digital platform.
11. Trademarks and domains
11.1 All other distinctive signs that distinguish the products sold on the Red Foal digital platform and that are present on the website are registered trademarks of their respective owners and are used within the Red Foal digital platform, for the sole purpose of distinction, description, and advertising of the products sold on the Red Foal digital platform. The Owner and all other owners of registered trademarks have the right to make exclusive use of the trademarks of their respective owners. Any use of these trademarks that does not comply with the law and, being unauthorized, is prohibited and entails serious legal consequences. It is in no way permitted to use said trademarks and any other distinctive sign present on the Red Foal digital platform to take unfair advantage of the distinctive character or reputation of these trademarks or in such a way as to harm them and their owners.
12. Warnings about contents
12.1 The Owner has taken every precaution to avoid the publication of contents describing or representing scenes or situations of physical or psychological violence or such that, according to the sensitivity of users of the Red Foal digital platform, may be deemed harmful to the civil convictions, human rights and the dignity of people, in all its forms and expressions. In any case, the Owner does not guarantee that the contents of the website are appropriate or lawful in other countries, outside of Italy. However, if such content is deemed unlawful or illegal in some of these countries, please avoid accessing our website and if you choose, in any case, to access it, we inform you that the use you decide to make of the services provided by the Red Foal digital platform will be your sole and personal responsibility. The Owner has also taken every useful precaution in order to ensure its users, that the contents of the Red Foal digital platform are accurate and do not contain incorrect or outdated information, with respect to the date of their publication on the website and, for as much as possible, even later. However, the Owner does not take any responsibility towards users for the accuracy and completeness of the contents published on the Red Foal digital platform, without prejudice to its liability for willful misconduct and gross negligence and unless otherwise provided by law. Furthermore, the Owner cannot guarantee users that the website will operate continuously, without interruptions, and in the absence of errors or malfunctions due to Internet connections. For any problems encountered in using our website, please contact our Customer Service at the following e-mail address: email@example.com. A representative will be at your disposal to provide you with assistance and to help you restore access to the website if this is possible. Similarly, we recommend that you contact your Internet service provider or check that each device is correctly connected to the Internet and that can access the web, including your Internet browser. Although the Owner will try to do everything possible to ensure continuous access to its website, the dynamic nature of the Internet may not allow the Red Foal digital platform to operate without suspensions, interruptions or discontinuities due to the need to carry out website updates. The Owner has adopted adequate technical and organizational measures to safeguard the security of its services on the Red Foal digital platform, the integrity of data relating to traffic and electronic communications, with respect to forms of use or unauthorized knowledge, as well as to avoid risks of dispersion, destruction and loss of data and/or confidential and non-confidential information, relating to its users, present on the Red Foal digital platform, or of unauthorized or non-compliant access, to the data and information themselves.
13. The Red Foal digital platform
- The Red Foal digital platform consists of two different areas pertaining to the .com and www.redfoalb2b.com domains
- The .com domain is an e-commerce platform for the end consumer, this activity is commonly defined as B2C (Business to consumer)
- The domain www.redfoalb2b.com is an e-commerce platform for legal entities, this activity is commonly defined as B2B (Business to Business)
14. List of countries in which the brand distributes its products
RED FOAL products are distributed in:
- Italy, San Marino and the Vatican, Belgium, Luxembourg, the Netherlands, Germany, Austria, Switzerland, France, and Monaco
- Distribution in other countries must be agreed with our customer service by writing to firstname.lastname@example.org
15. Applicable law and settlement of disputes
15.1 The General Sales Terms & Conditions are governed by Italian law and in particular by the legislative decree n. 206 of September 6, 2005, of the consumer code in Chapter I “Consumers rights in contracts”, with specific reference to the legislation on distance contracts and the legislative decree n. 70 of April 9, 2003, related to certain aspects concerning e-commerce.
15.2 In the event of disputes between the Seller and each end-user, arising from the General Sales Terms & Conditions, the Seller guarantees, as of now, full adherence and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way, on the Internet. For more information on RisolviOnline regulations or to send a conciliation request, access RisolviOnline.com. We also inform you that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr.
16. Amendment and update
16.1 The General Sales Terms & Conditions are amended from time to time also in consideration of any regulatory changes. The new General Sales Terms & Conditions will be effective from the date of publication on the Red Foal digital platform.
Registered office: Red Foal (Srl), Corso Venezia 59, 20121 Milan.
Logistics: RED FOAL S.r.l., Close to You S.r.l., Logistic Park, Via Dogana Po 2, 29015 Castel San Giovanni (PC), Italy
Tax code and VAT number 11082380962 Last update of this document: 15.05.2020.
Ultimo aggiornamento del presente documento: 15.05.2020.