GENERAL TERMS AND CONDITIONS OF SALE FOR IN-STORE PURCHASES

APPLICABILITY OF GENERAL TERMS AND CONDITIONS OF SALE FOR IN-STORE PURCHASES

In the event of changes in the Terms and Conditions for In-Store Purchases, the conditions in force at the time of the purchase shall apply. You will be able to check the previous versions in the specific section of the Site, which can be saved and printed.

The Customer is required, before making the purchase, to read and accept these Terms and Conditions for In-Store Purchases. The purchase implies full knowledge and acceptance of these Terms and Conditions for In-Store Purchases.

1. PARTIES

1.1 The products are sold by Calzedonia USA Inc. (hereinafter the "Retailer"). All information relating to the Retailer is available in the store.

1.2 In the event of the purchase of Products@, the Customer will be identified by the information provided in store. Providing false and/or fabricated data is prohibited: the Retailer is exempt from any liability in this regard.

1.3 For any information, directly contact the addresses indicated in the following paragraph 8.

2. SALE OF PRODUCTS

The purchase of the Products will be finalized when the payment is made at the point of sale (hereinafter the "Purchase Date").

By purchasing the Products@, the Customer accepts and authorizes the same to be delivered after the time of purchase, at the address provided to the Retailer or at the point of sale selected by the Customer.
After purchasing the Products@, the Customer will receive an email (hereinafter "Product@ Purchase Confirmation”) containing the confirmation that the purchase has been correctly completed and a summary of its terms. Subsequently the Customer will receive via email:

• confirmation that the Products@ are being shipped to the address provided or to the point of sale selected by the Customer (hereinafter "Product@ Shipment Confirmation");

• confirmation that the Products@ have been delivered at the address provided or at the point of sale selected by the Customer, in which case the email will also include instructions for pick-up in store ("Product@ Delivery Confirmation").

3. SALE PRICES

The prices of Products are those in effect at the point of sale on the Purchase Date.
Prices are exclusive of taxes, duties and any costs related to customs duties. State taxes will be calculated at the time of checkout.
Any shipping costs charged to the Customer for shipping the Products@ (if provided) will be indicated on the purchase receipt.

4. METHOD OF PAYMENT

Payment can be made through all the payment methods accepted at the point of sale chosen for the purchase of the Products

5. SHIPPING AND DELIVERY

5.1 Available Products will be delivered to Customer at the point of sale at the time of payment. The Products@ will be delivered to the address provided to the Retailer or at the point of sale selected by the Customer by the estimated date provided on the Product@ Purchase Confirmation and in any case no later than 30 (thirty) days from the Purchase Date found on the purchase receipt issued in-store. Shipment and delivery dates set forth in any Product@ Purchase Confirmation or in these Terms and Conditions for In-Store Purchases are estimates only and such estimates shall not be deemed a representation by the Retailer. The Retailer shall not be liable for failure to ship or deliver the Products@ by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment.

5.2 In the event that the Customer has chosen to receive the Products@ at a point of sale, they will be available for collection for 10 (ten) days after the Product@ Delivery Confirmation.
The Customer may pick up the Products@ directly or through a person authorized by Customer.

When picking up the Products@, the following will be necessary:

• show the Product@ Delivery Confirmation email;

• sign the pick-up form

In the event that the Customer is registered with the Loyalty Program, the following will be sufficient:

• provide your full name, or show the loyalty card, or show the Product@ Delivery Confirmation email;

• sign the pick-up form

If the Customer fails to present the documentation necessary for pick-up, or fails to pick-up the Products@ by the date set forth above, all monies paid by Customer will be refunded in the original payment method (cash, by Return Card or by credit card). For products paid in cash, the Customer will have to go back to the store of original purchase, to receive the cash refund. In the event the Products@ are not available for shipment, the Retailer will send an email to the Customer informing him/her that the Products@ cannot be delivered, and all monies paid by Customer will be refunded in the original payment method. For products paid in cash, the Customer will have to go back to the store of original purchase, to receive the cash refund.

At the time of pick-up of the Products@, the following will be the Customer's responsibility:

• verifying that Products@ match those set forth in the Product@ Purchase Confirmation;

• verifying the integrity and the possible presence of damage to the packaging that is immediately evident (for example: wet box, damaged box, etc.).

In the event of any issues, the Customer will be required to immediately report them at the contact information provided in paragraph 8.

5.3 The store staff will inform the Client if shipping costs are due (hereinafter referred to as “Shipping Costs”). These Shipping Costs are available on the website and reported in the purchase receipt issued upon purchase of the Products@ by the point of sale.

5.4 The Retailer shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, pandemics, epidemics or other public health issues, delays in transportation, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with the Retailer related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.

6. RETURN POLICY

6.1 Products can be returned in all participating Falconeri store located in the United States (except for outlets and Tax/Duty free points of sale), for any reason, provided that the conditions set forth herein are met ("Returned Products").

The Returned Products shall be returned by presenting the purchase receipt, or if the Customer is registered with the Loyalty Program, by providing their full name, or by showing the loyalty card.

The aforementioned return must take place by and no later than:

• for Available Products: within 30 days from the Purchase Date;

• for Products@: within 30 days from the date of pick-up by the Customer or by Customer’s authorized representative, or from delivery to the address provided by the Customer.

Provided that the requirements set forth in Article 6.3 are complied with, the Customer will have the right to:

• exchange the Returned Products with other Available Products or with other Products@, subject to availability, and the payment of any cost in excess of the original purchase price;

• be refunded the amount paid for the Returned Products by Return Card. Please note that in case the price of the Returned Products had been paid (totally or partially) by voucher, Gift Card or Return Card, the refund by Return Card is the only option available. The Return Card will be associated with the Customer’s email address;
  or

• be refunded the amount paid in the original payment method for the Returned Products at the store where the purchase was made, if the relevant store offers the following options:
  (i) in cash;
  (ii) on the credit card used for the purchase, if allowed by the credit card circuit.

The refund amount will be the total indicated on the purchase receipt, except for the costs referred to in paragraph 6.3).

6.2 The right to return Products is subject to the following conditions:

• - For Products that are comprised of multiple items (e.g., sets) the Returned Products must be returned in their entirety;

• the Returned Products must be delivered in the manner set out in Article 6, no later than the terms set forth in Article 6.1;

• the Returned Products must not have been used, worn, washed, soiled or damaged and must not show signs of use;

• the Returned Products must be returned packaged exactly as they were delivered, complete with all accessories, tags and labels (for example, tights must be returned in their packaging, complete with the cardboard included, etc.);

• the Returned Products purchased with the purchase receipt can be returned at different times, within and no later than the terms set forth in Article 6.1);

• in the event that certain Products have been purchased using specific promotions (for example 5x4, 3x2, buy X get Y, etc.), the Customer may choose to return only some of the Products included in the promotion: in this case, the refund price will be the promotion price of the Product actually paid as reflected on the purchase receipt.

6.3 The refund price will not include shipping costs, gift wrapping cost, and costs of additional services specifically requested by the Customer.

6.4 The following Products cannot be returned:

• Personalized Products;

• Gift Cards;

• Products purchased in Tax / Duty free points of sale.

7. WARRANTY FOR DEFECTIVE PRODUCTS

7.1 For any defect or non-conformity of the Products, the Retailer offers a limited warranty of 2 (two) years, subject to the terms set forth herein.
The warranty is valid under the following conditions:

a) the defect occurs within 2 (two) years:

• from the date indicated on the purchase receipt issued in-store in the case of Available Products;

• from the date indicated on the pick-up form signed by the Customer or by an authorized person or from the delivery date to the Customer’s address in the case of Products@;

b) the Customer submits a formal complaint regarding the defects within a maximum of 2 (two) months from the date on which the defect was discovered;

c) the Customer presents the purchase receipt (or if he/she has purchased as a Loyalty Customer, presenting the loyalty card or providing their full name is sufficient).

This warranty does not cover any problem that is caused by normal wear and tear, improper use, misuse or abuse, improper storage or maintenance, accident or neglect such as physical damage and any other type of misuse, damage or other acts not resulting from defects in material or workmanship. This warranty only extends to Customer.

7.2 In the event that the Retailer determines a Product is defective, the Customer will have the right to obtain, without any additional cost:

a) the replacement of nonconforming Products,

b) the refund of the amount paid for the purchase of the defective Product, as reported in the purchase receipt by Return Card; or

c) the refund of the amount paid in the original payment method for the defective Product as reported on the purchase receipt, using one of the methods below, if available at the store where the return is effectuated:

• (i) n cash;

• (ii) on the credit card used for the purchase, if allowed by the credit card circuit./p>

7.3 The Customer will not be required to cover any cost for the return of defective products.

7.4 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, PRODUCTS ARE SOLD ONLY WITH THE 2-YEAR LIMITED WARRANTY DESCRIBED IN THIS SECTION. EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE RETAILER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RETAILER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION AND THE WARRANTY PROVIDED HEREIN.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE RETAILER BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE RETAILER IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, THE RETAILER’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.

8. CONTACTS

Falconeri Customer Service
c/o Calzedonia Group USA
1350 Broadway, Suite 720
New York, NY 10018
hello@falconeri.com
tel. 866-226-7883

9. PRIVACY

Calzedonia USA Inc., New York, NY 10118 350 Fifth Avenue (herein referred to as “Calzedonia USA”), its franchisees, Calzedonia S.p.A , Via Monte Baldo 20, Dossobuono di Villafranca (Verona) Italy (herein referred to as “Calzedonia”), Falconeri S.r.l., Via Del Lavoro 18, Avio (Trento) – Italy (herein referred to as “Falconeri”) act as “Joint Controllers” with regard to the processing “Purchasing Products”: this means that they jointly decide how to process personal data and for which purposes. For the other purposes listed in point 9.5, the Data Controller is Calzedonia S.p.A.
You can contact Calzedonia USA, Calzedonia S.p.A. and Falconeri by writing at privacy@calzedonia.com

9.2 Calzedonia and Falconeri, in compliance with the European Data Protection Regulation “GDPR” have appointed a Personal Data Protection Officer (DPO), who can be contacted by sending an email to the following address: DPO@calzedonia.com. The DPO, pursuant to GDPR, acts as a point of contact for customers’ rights concerning their personal data.

9.3 To access services and content provided inside the stores and to purchase Available Products, the Customer may be asked to provide personal information such as name, surname, e-mail and phone number. With reference to the purchase of Products@, we will also collect the Customer’s shipping address and mailing address. Providing the data set forth above is necessary in order to purchase the Products. To pursue our purposes, we never ask for sensitive data (e.g. relating to racial and ethnic origin, religious, philosophical, political beliefs, health status, sexuality, etc.) or judicial data (data regarding judicial records, or relating to the condition of defendant or suspect, etc.).

9.4 The personal data of the Customer will be processed for these purposes and for this period of time:

9.5 The Joint Controllers communicate personal data to third parties when it is necessary and functional to achieve the data processing purpose pursued in accordance with the service that the Customer has requested.
Customer personal information is typically shared with the following categories of third parties:

• Employees of Calzedonia, Calzedonia USA and Falconeri in charge with the management of the service required by the Customer;

• Supplier and Consultant appointed as “Data Processor” in accordance with GDPR;

• Subjects to whom the right of access is granted by law or regulation (e.g. public security authorities and police forces);

• Companies that provide payment services, shipping companies.

The list of persons appointed as data processors is obtainable by writing to privacy@calzedonia.com.

9.6 The Customer can exercise the rights that the law affords regarding his/her personal data by writing to . We will reply to the Customer’s request as soon as possible and in any case, no later than 30 days upon receipt. In some cases, we may request a copy of an identification document if required in conjunction with his request, to enable us to verify the Customer’s identity. Below we illustrate the rights that the law guarantees to the Customer:

• Right of access: the right of the Customer to know if we process his/her personal data and, if it is confirmed, to obtain a copy of such data and be informed about; the source of the data, the categories of personal data processed, data recipients, the processing purposes, the existence of an automated decision-making process, (including profiling) the data retention period and the rights provided by the General Data Protection Regulation.

• Right of rectification: the right of the Customer to obtain a rectification of data in our possession that concerns him/her or to update data that is incomplete. We remind the Customer that when he/she provides his/her data to use our services, he/she guarantees its authenticity and accuracy. The Customer can help us ensure that his/her data is always accurate by communicating updates to privacy@calzedonia.com.

• Right of erasure: the right of the Customer to request the erasure of his/her personal data if it is no longer needed for the purpose for which it was collected, or if we are no longer authorized to process such personal information.

• Right of restriction of processing the right of the Customer to obtain processing restrictions in the following cases:

a) When the Customer objects the accuracy of personal data. He/she can request processing restriction for the period in which we will verify the accuracy of his/her data;

b) When we are not authorized to process his/her data and instead of deleting them, he/she can request that we limit its use;

c) When the data in our possession, although no longer necessary for us for the processing purposes for which it was collected, is required for the investigation, exercise or defense of a right in court;

d) When the Customer objects to processing based on our legitimate interest. The Customer can ask us to limit processing, pending verification of the precedence of our legitimate reasons, compared to the Customer’s rights.

• Right to withdraw consent: the Customer can withdraw his/her consent in relation to all processing of data that requires it.

• Right of data portability: In the event that we process data based on the Customer’s consent or in the implementation of a contract, or if the processing is carried out by automated means, the Customer can exercise the right of data portability. The Customer will then be able to receive the personal data that he/she has communicated to us in a structured format, commonly used and readable using an automatic device. The Customer can also request to forward his/her data directly to another company, as long as this is technically possible.

• Right of objection: the right of the Customer to object to the processing of his/her personal data at any time based on our legitimate interest, including profiling.

We also inform the Customer that if he/she believes that the processing of his/her personal data goes against the provisions of EU Regulation 2016/679, he/she has the right to file a complaint with the competent data protection supervising authority.
If, to proceed with the purchase management, he/she uses the services available on our websites, we also ask him/her to consult the related privacy policy.

10. APPLICABLE LAW, SETTLEMENT OF DISPUTES AND JURISDICTION

These Terms and Conditions for In-Store Purchases are governed and will be interpreted according to the applicable law where the point of sale where the purchase was made is located, without prejudice to any other prevailing mandatory rule of the country of residence of the Customer. Any disputes must be resolved exclusively by the court of the place of domicile or residence of the Customer based on the applicable law.

VERSION UPDATED ON 01/25/2022