TERMS & CONDITIONS

TERMS

1. Premises

  1. Through the domain name com (the “Web Site”) we offer to You (hereinafter “User/s”) information about our products (“Products”) and the sales of.

  2. These general Terms and Conditions (hereinafter “T&C”) govern the access to the Web Site, the use of it, and the sale of our Products to Users.

  3. By using the Web Site and / or placing an order, Users accept this T&C and our Privacy and Cookies Policies. If the User does not agree with the T&C and to be bound by them, the User has to exit the Web Site and not to place any order.

  4. Users can read the information about collection and use of personal information and data in our Privacy Policy and Cookies Policy available on the Web Site.

  5. We encourage Users to read these T&C and to contact us for any doubt about them.

2. Web Site owner

  1. The owner of the Web Site and domain name is PRESIDENT F.R.S Srl, based in Via Della Chiusa 15, 20123 Milan, Italy, P.IVA 10043110963, e-mail info@forrestlesssleepers.com, Tel +39 031 398311, certified email PEC: presidentfrs@legalmail.it.

 

3. Acceptance of the Terms and Conditions

  1. This T&C shall apply to all Users accessing, using or placing an order through the Web Site.

  2. Access and use of the Web Site, registration, log in to restricted areas, information request, placing of orders, as well as every action contrary to the exit from the Web Site will constitute full acceptance of T&C published at the time of access.

  3. Users are therefore suggested to carefully read these T&C at the first access to and / or request of information and / or use of service. If Users do not accept the T&C, they are invited to leave the Web Site and avoid to use any service provided by the Web Site.

  4. Every changes of this T&C will be uploaded in the Web Site to this page and it is assumed to be known with the publication, and accepted at the first access and / or use of the Web Site.

4. Registration and data entry

  1. Data entry and / or use of the Web Site and / or registration and / or placing of an order is allowed only to Users on legal age according to Italian law.

  2. If an underage user inserts personal information and / or registers himself and / or place an order through the Web Site, we will assume he did it under parents’ supervision or under the supervision of its legal supervisor.

  3. All entered data must be true and updated, as well as directly related to the User. In particular, data related to delivery, billing, User’s name and personal details must always be correct and up to date.

  4. If the User fails to provide us all requested information, we will not be able to process the order.

  5. Each User is personally and directly responsible for all data provided to the Web Site.

5. Acceptation of the order

  1. Users can place a purchase order through tools made available on the Web Site.

  2. The forwarding of the purchase order is an Offer to Buy and does not mean that User’s order has been accepted.

  3. Following the Order to Buy, our system will send to the User, automatically, an Order Confirmation with details of the order. The Order Confirmation only indicates that the order is received by our systems and does not correspond to the acceptance of it.

  4. The purchase contract (the “Contract”) will be binding only after we send to the User the Shipment Confirmation for the Products listed in it.

6. Products availability

  1. Unless otherwise indicated, all orders for products are subject to availability.

  2. We strive to constantly keep the Web Site up-to-date, however due to errors and technical problems, we may incur in errors.

  3. In the event that, following a receipt of an order, Products are no longer available, we will provide a notice to the User. The User will be entitled to wait until product is available, or withdraw the order.

  4. We reserve the right to remove any product from the Web Site at any time, or to change the description / price of products, or the content of the Web Site. We would not be in any case responsible for the removal of Products or for Web Site changes.

7. Service availability

  1. Products offered through this Web Site are only available for the following countries:

    1. European Union: Austria; Belgium; Bulgaria; Cyprus; Croatia; Denmark; Estonia; Finland; France; Germany; Greece; Ireland; Italy; Latvia; Lithuania; Luxembourg; Malta; Netherlands; Poland; Portugal; UK; Czech Republic; Romania; Slovakia; Slovenia; Spain; Sweden; Hungary;

    2. Extra UE: China; Hong Kong; Japan; Russia; South Korea; United States of America; Brazil; Turkey; United Arab Emirates.

8. Product Shipments

Except in extraordinary circumstances, Products will be shipped within the timeframe indicated during the checkout process and, in any event, no later than the date specified in the Shipment Confirmation.

In the event of any discrepancy between the estimated delivery date displayed on the Product page and the date indicated in the Shipment Confirmation, the latter shall prevail.

In any case, Products will be delivered within thirty (30) days from the date indicated in the Shipment Confirmation, unless otherwise agreed with the User.

Delivery times may be extended in the case of international shipments, customs procedures, personalised Products or Products requiring specific preparation.

For the purposes of these Terms and Conditions, delivery shall be deemed completed when the Product(s) are delivered to the delivery address specified in the Order and accepted by the recipient.

Customers placing orders outside the European Union are solely responsible for verifying, before placing an order, any customs duties, VAT, import taxes and additional charges applicable in their destination country. F.R.S is unable to estimate or guarantee such amounts.

Customs duties, VAT, import taxes and any other charges imposed by the destination country are not included in the purchase price unless expressly stated otherwise and are payable by the recipient upon delivery.

If delivery cannot be completed because the recipient fails or refuses to pay customs duties, VAT, taxes or any other import charges, or if the shipment is refused, abandoned, unclaimed or cannot be delivered for reasons beyond F.R.S's reasonable control, the carrier may place the shipment in temporary storage or return it to F.R.S

If the shipment remains unclaimed or undeliverable for thirty (30) days, the Contract shall be deemed terminated.

In such cases, F.R.S reserves the right to deduct from any refund due all shipping costs, return shipping costs, customs duties, import taxes, VAT, storage fees, clearance charges, administrative fees and any additional expenses incurred as a consequence of the failed delivery or return of the shipment.

If the total amount of such costs equals or exceeds the value of the order, no refund shall be due.

 

9. Price of Products / Duties and Taxes

The prices of the Products are those listed on the Web Site, unless otherwise indicated.

Whilst we take reasonable care to ensure that all prices are accurate, errors may occasionally occur.

Prices for shipments to European Union countries include VAT and exclude delivery charges, which are calculated at checkout.

Prices for shipments to countries outside the European Union do not include VAT and exclude delivery charges, which are calculated at checkout.

Unless otherwise expressly stated, prices displayed on the Web Site do not include customs duties, import taxes, clearance fees or any other charges imposed by the destination country.

For shipments outside the European Union, the User is solely responsible for verifying and paying any customs duties, VAT, import taxes and other charges applicable in the destination country.

If a shipment is refused, abandoned, unclaimed or not cleared through customs because the User fails or refuses to pay duties, VAT, taxes or any other import charges, the shipment shall be deemed undeliverable due to customer responsibility.

In such cases, F.R.S reserves the right to deduct from any refund due all shipping costs, return shipping costs, customs duties, import taxes, VAT, storage fees, clearance charges, administrative fees and any additional expenses incurred as a consequence of the failed delivery or return of the shipment.

If the total amount of such costs equals or exceeds the value of the order, no refund shall be due.

Users must follow the instructions provided on the Web Site when submitting an Offer to Buy and verify all information requested during each step of the purchasing process.

Registered Users may access their order history through their personal account.

 

10. Payment

Users shall place orders and complete payments using the payment methods made available on the Web Site.

By authorising payment, Users confirm that they are entitled to use the selected payment method.

Invoices are issued only if expressly requested by the User at the time the order is placed.

The issuance of an invoice does not automatically qualify the User as a business customer.

The right of withdrawal does not apply to purchases made by Users acting in the course of their trade, business, craft or profession.

F.R.S reserves the right to request additional information where necessary to determine whether a purchase has been made for business purposes.

 

11. Right of Withdrawal

Consumers have the right to withdraw from the Contract within fourteen (14) days from the date on which they, or a third party designated by them, acquire physical possession of the Products, in accordance with applicable European and Italian consumer protection laws.

For contracts involving multiple deliveries, the withdrawal period shall be calculated from the date of delivery of the last Product.

To exercise the right of withdrawal, Users may use the self-service return and cancellation tools available on the Web Site during the applicable period or contact Customer Service at info@forrestlesssleepers.com.

Following the withdrawal request, Users must return the Products within fourteen (14) days in accordance with the instructions provided by F.R.S

Users are permitted to inspect and try on Products only to the extent necessary to establish their nature, characteristics and fit, as would reasonably be allowed in a physical retail store.

Users are responsible for any decrease in the value of the Products resulting from handling beyond what is necessary for such inspection.

The right of withdrawal does not apply to:

  • ·      Personalised Products;

  • ·      Products which cannot be returned for hygiene or sanitary reasons once unsealed.

 

Returned Products must be sent back in their original condition and, where applicable, must include:

  • ·      original packaging;

  • ·      garment tags;

  • ·      plastic security seals;

  • ·      dust bags;

  • ·      authenticity cards;

  • ·      instructions and any accessories originally supplied.

 

Failure to include return documentation may delay the processing of the refund.

Return shipping costs, including any customs duties, taxes and clearance fees, shall be borne by the User.

Customs duties, VAT, taxes and any similar charges paid by the User in connection with the original delivery are non-refundable.

Once the returned Products have been received and inspected, F.R.S will inform the User whether the refund has been approved and, where applicable, its amount.

Refunds will be issued using the same payment method originally used for the purchase.

Refunds will be processed within fourteen (14) days from the date F.R.S receives the returned 

Products or proof that they have been shipped back, whichever occurs first.

Original standard delivery charges will be refunded where required by applicable law. 

Additional delivery services selected by the User, including express or premium shipping options, are non-refundable.

Notwithstanding the above, F.R.S may withhold reimbursement until the returned Products have been received or until the User has provided proof of shipment, whichever occurs first.

12. Risk And Title

  1. The Products will be at User’s risk from the time of delivery.

  2. Ownership of the Products will only pass to User when we receive full payment of all sums due in respect of the Products, including delivery charges, or upon delivery (see point 5), whichever is the later.

13. Limitation of Liability

  1. All contents published on the Web Site are provided for information purposes without any guaranty of correctness and truth.

  2. Also, we are not responsible for any direct or indirect damage that may arise from the use of the Web Site and the information contained therein.

  3. Our liability is limited to the price of the product purchased.

  4. All products descriptions, information and materials appearing on the Web Site is provided “as is” without express or implicit warranties.

  5. In this sense, if the User is a consumer, we are committed to delivering products that comply with the Contract. The products are deemed to comply if (i) comply with the description provided and possess qualities presented in this Web Site, (ii) are suitable for use where the products are normally intended, (iii) show qualities and characteristics that are normal in products of the same type and that can reasonably be expected.

  6. Our Products, having regard with the process of realization of the same, and the quality of materials, may vary from each other. For this, differences between products are no imperfections or defects but features that make our products unique.

14. Force Majeure

  1. We will not be liable for failures or delays in performing any of obligations under the Contract caused by force majeure events not under our control.

  2. For Force Majeure Event includes any act, event, omission or accident not under our reasonable control, including but not limited to:

    1. strikes, lockouts or other industrial action

    2. insurrections, riots, invasions, terrorist attacks, war (declared or not), or the threat of war

    3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

    4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport

    5. inability to use public or private telecommunications networks

    6. acts, decrees, legislation, regulations or restrictions of any government.

  3. It is understood that the execution of the obligations under the Contract will be suspended for the duration of the force majeure event.

15. Industrial and intellectual property rights

  1. PRESIDENT F.R.S Srl is the sole owner or authorized licensee of the Web Site, the domain name, contents, brands, the company name and all further intellectual and industrial property rights which are protected by copyright and industrial property laws.

  2. In particular, but not limited to: texts, the Web Site, the design of the Web Site, trademarks, logos, graphics, design, models, domain name, the sound content, photos, videos, audio-visual elements, technical documentation, plans, databases, slogans, and, more generally, any creative content in the web site or otherwise available from the web site.

  3. It is forbidden to copy, use or unauthorized reproduction of all Web Site contents, as well as any other unauthorized activity that infringes PRESIDENT F.R.S Srl’s rights.

  4. Users are also aware that PRESIDENT F.R.S Srl is the only and exclusive owner of the industrial and intellectual property rights on the products models and designs, including the right of economic exploitation. Any copy, imitation or emulation of such models is forbidden.

  5. Our Web Site may also contain different trademarks, domain names, company names, and brands owned by third parties. These trademarks are used for the sole purpose of providing the origin of some products and / or services, or the existence of an authorization license of use.

  6. Therefore Users are not allowed to use all the above elements in order to mislead other Users through the insertion of words in their Web Sites’ pages and to use them for unfair purposes.

16. Users’ Intellectual and Industrial property rights

  1. By submitting a request of information Users can insert their own content, protected by intellectual property law.

  2. By uploading contents Users declare to be rightful owner of such contents. They also assume the responsibility for any use of other people’s content made by them.

  3. It’s expressly forbidden to upload content that can infringe others User rights.

  4. In any case, User expressly agree to indemnify PRESIDENT F.R.S Srl for any damages or loss arising from use of content uploaded and against all costs, charges, expenses and damages or loss that may arise to PRESIDENT F.R.S Srl.

17. Hyperlinks to Third Party Sites

  1. The Web Site may contain links and hyperlinks to third-party sites. These hyperlinks have the sole function to connect to other Web Site without any relationship between content of the Web Site and the third-party Web Site reached by the hyperlink.

  2. We do not assume any responsibility for content reached by hyperlink or the truth of those contents. Users are therefore aware and agree that in such a case it will not be applied these T&C, but those applicable to the specific Web Site.

18. Changes to these Terms and Conditions

  1. We reserve the right to freely update, amend and modify these T&C, by updating this page.

  2. We encourage Users to periodically check this T&C before using this Web Site.

19. Governing law

  1. The T&C are governed by the Italian law. Any dispute concerning the execution or interpretation of these T&C will be submitted to the Court of Milan.

20. Language of Terms and Conditions

  1. This document is translated into multiple languages. In case of dispute, the Italian one will prevail.

21. Contact information

PRESIDENT F.R.S Srl
Via Della Chiusa 15
20123 Milan, Italy
P.IVA 10043110963
Tel +39 031 398311
Email: info@forrestlesssleepers.com