Users who purchase from the website www.ferkaplan.com declare that they know and accept these general contract conditions.
These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force. These conditions govern purchases made on the website www.ferkaplan.com in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree. n. 206/2005, modified by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 regarding electronic commerce.
The purchase is permitted only to Users who qualify as "Consumers" or any natural person who has reached the age of majority and who acts, by stipulating a contract, for purposes unrelated to his/her possible entrepreneurial, commercial, artisanal or professional activity.
The Owner reserves the right not to accept purchase order proposals from parties other than the "consumer" or order proposals for which there is suspicion of fraudulent or illegal activities. In such cases, the Owner will communicate to the user the non-acceptance of the order proposal. All order proposals sent by the User must correspond to normal consumption needs.
Users can request any information regarding the purchase or other terms and conditions through our support services by contacting the contact details indicated here .
Owner of registered office and operational headquarters, contacts
Fernanda Kaplan is the owner of the Fer Kaplan brand
With headquarters in Via Mazzi, 52 – 24124 Bergamo (Italy)
Email info@ferkaplan.com
VAT number IT06344550154
Fernanda Kaplan is a manufacturer and seller (“Owner”) of Fer Kaplan brand products and owner of the e-commerce site www.ferkaplan.com for the online sale of leather bags and accessories.
Purchase Procedure and Registration
In order to purchase, Users have the option to register or complete the purchase through the Guest mode. To complete the order they must provide, truthfully and completely, all the data requested during the check out phases and fully accept the privacy policy and these general conditions. The Owner has no visibility on the access credentials of its Users, who therefore have the duty to safeguard them.
All orders sent constitute an offer to purchase the products published on the site. Orders are subject to availability and acceptance by the Owner, who reserves the right not to confirm an order, in particular due to the possible unavailability of one or more products purchased. The order is duly sent by the User if the check out procedure is completed and is subject to payment of the price, taxes and shipping costs (where applicable).
The 'Confirmation of order receipt' does not constitute acceptance of the order. The conclusion of the contract occurs when the Owner sends the 'Preparation in Progress' email to the email address provided by the User during the purchase phase or, alternatively, when the order is executed by sending the shipment tracking number. The Owner reserves the right not to confirm an order by communicating to the User, via the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User using the same payment method with which the purchase was made, no later than 7 working days.
Availability of Products and Images
The actual availability of a product is indicative, as several Users can purchase it at the same time and make a product unavailable that another user had already placed in the cart. The photos inserted are for illustrative purposes, the products, given their nature of artisanal production, may differ slightly in external appearance and colour.
Prices
All prices indicated on the site include VAT. Prices are subject to change without notice. However, the price conditions for orders already sent by the User are accepted and confirmed at the price and shipping conditions (where applicable) in force at the time of sending. No price increase can be asserted by the Owner on orders acquired prior to the price increase, even if not delivered for reasons other than cancellation of the order.
Delivery times and shipping costs
Deliveries normally take place within 24/48 hours and in any case no later than 72 hours in Italy, unless otherwise specified in the order confirmation. In some critical periods for couriers, such as Christmas and other holidays, delivery delays may occur. Delivery is entrusted to primary national couriers who manage the shipment with delivery notices or delivery attempts, according to their methodology of contact with the Consumer.
The Owner is not responsible for any delays in shipping due to agreements made between the User and the courier, due to the absence of the recipient and for incorrect address and/or recipient data.
Shipping costs are free for shipments to Italian territory; They amount to 10.00 for deliveries to European countries where delivery is active, unless otherwise indicated in the cart once you enter your delivery details. If the User belongs to a country without delivery service coverage, he can write toinfo@ferkaplan.com .
The Owner is not responsible for any damage suffered by the user due to delays in delivery. Upon delivery, the user must check the contents before accepting it, specifying any anomalies on the courier's delivery form. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order by the User.
Responsibility
Fernanda Kaplan assumes no responsibility for disservices attributable to force majeure, in the event that she is unable to execute the order within the times set out in the contract, including government ordinances and national or regional health emergencies that may slow down or prevent order fulfillment. Fernanda Kaplan cannot be held responsible towards the User for disservices or malfunctions connected to the use of the internet beyond its control or that of its sub-suppliers. Furthermore, Fernanda Kaplan will not be liable for damages, losses and costs suffered by the User as a result of failure to execute the contract, the User having the right only to a refund of the price paid. Fernanda Kaplan assumes no responsibility for any fraudulent or illicit use, which may be made by third parties, of credit cards used for the payment of the purchased products, if it demonstrates that it has adopted all the ordinary precautions possible at the time and based on ordinary diligence.
Terms of payment
Fernanda Kaplan, through the website www.ferkaplan.com , only accepts advance payment for the products ordered. Fernanda Kaplan uses third-party payment processing tools and does not in any way come into contact with payment data – such as credit card data – provided. The accepted payment methods are PayPal and all major credit cards (by way of example and not limited to Visa, MasterCard, American Express).
In the case of payment by credit card through the PayPal circuit or the Shopify circuit, the credit card data is processed directly by the bank to which www.ferkaplan.com has entrusted the management of payments. In case of payment with PayPal or credit card (on PayPal or Stripe), the actual charge will be made upon completion of the check-out procedure. The information is encrypted using latest generation encryption systems which prevent its use by third parties and is sent directly to the bank. Fernanda Kaplan reserves the right to make a request to the bank issuing the card to verify the authenticity of the ownership of the card itself or to request an identity document from the User to verify ownership of the card.
Legal guarantee of conformity
Pursuant to and for the purposes of the European Directive 44/99/EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Owner guarantees that the Products are free from design and material defects as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the relevant instructions/warnings provided by the Owner, or reported on the tags or labels.
Pursuant to art. 130, paragraph 2, of the Consumer Code, the Consumer has the burden of reporting defects and non-conformities no later than 2 (two) months from discovery, by sending to the Owner's Customer Service, atinfo@ferkaplan.com :
- return request with detailed description of the defect and/or non-conformity found
- supporting documentation: photograph(s) of the Chief
Following receipt of the return request for non-conformity and documentation, the Owner evaluates and carries out quality controls to verify the actual non-conformity of the Product. The Owner decides whether to authorize the return of the Products by providing the User with instructions for making the return via email.
The authorization to return the Products does not constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Owner has authorized the return must be returned by the User within fourteen (14) days from confirmation of dispatch by Fernanda Kaplan.
In case of non-recognition, the Owner returns the Products received to the address used for delivery of the order during the purchase phase.
Right of withdrawal
The user has the right to exercise the right of withdrawal in accordance with the art. 52 of Legislative Decree 6 September 2005 n. 206 (the “Consumer Code”), without having to provide any reason, within 14 days from the day on which you received the products purchased on www.ferkaplan.com
In compliance with the art. 54 of the Consumer Code, the right of withdrawal can be exercised by following one of the following methods:
a) Procedure available online
- in case of purchase as a Registered user, the User can exercise the right of withdrawal and return the items under the 'Product return' option available online in the Order history and details section of the customer area;
- in case of purchase as a Guest user, without registration, the User can access the Guest tracking from the order receipt confirmation email sent at the time of purchase. The User can proceed with the creation of a registered account and follow the 'Product Return' procedure indicated above;
b) Return request
- Transmission of a return request toinfo@ferkaplan.com giving the order references and the product purchased.
The products must be returned in their original packaging as per the instructions included in the packaging delivered by us and delivered to the courier within fourteen (14) days from the exercise of the withdrawal.
The right of withdrawal is considered exercised correctly when the following conditions exist:
- the products must not have been used, worn, washed and must not show signs of use or damage;
- the products must not be damaged in any part whether visible or positioned inside the garment itself;
- the tag and labels and accessories must be attached to the products and must not have been removed even partially;
- the right of withdrawal is exercised within fourteen (14) days of receipt of the products by following one of the methods indicated in these Conditions and Terms.
Refund times and methods
Following receipt of the return and verification that all requirements have been met, Fernanda Kaplan sends an email confirming acceptance of the return and proceeds with a full refund of the price paid. The refund is activated within fourteen (14) days from the date on which the Owner received documentation of the exercise of the right of withdrawal. The actual time for crediting or returning the sums paid by the User depends on the payment methods used and consequently:
- if the purchase was made by credit card, the refund time depends on the card management company;
- if the purchase was made via PayPal, the refund is made directly to your PayPal account used for the purchase and is immediately visible.
Copyright
Photographs, texts, descriptions, images and everything on the site are granted for use by Mocreal srl. The total or partial reproduction of any part of the site, including photographs and texts, is therefore prohibited without the prior written authorization of Fernanda Kaplan.
Changes to these Terms
The Owner reserves the right to make changes to these Terms at any time, giving notice to the User by publishing them on the website www.ferkaplan.com . The changes to the terms replace and repeal the previous ones, therefore the User who used the service before the changes accepts the new terms without any reservation.
Applicable law and competent court
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to the law and jurisdiction of the Italian State. The competent court will be the one freely chosen by the consumer.
Last updated May 3, 2024