LEGAL AREA
TERMS OF SALE
The following Terms of Sale, together with the Terms of Use, Return Policy and Privacy Policy, govern the offer and sale of products on the www.store.ferrari.com Website. The products purchased on the www.store.ferrari.com Website are sold directly by The Level S.r.l. Company (“Vendor”), with registered office at Piazza Arcole 4, 20143, Milan, Italy, VAT No. 12627050961, MI REA [Economic-Administrative Index] 1945372.
For any additional information, please contact our Customer Service, which will provide you with information on orders and shipments, refunds and returns of products purchased on the www.store.ferrari.com Website. The Vendor can always be contacted by clicking here.
For any other information of legal nature, please refer to the following pages: Terms of Use, Return Policy and Privacy Policy.
1. OUR CORPORATE POLICY
1.1 The Vendor offers products for sale on the www.store.ferrari.com Website and its e-commerce business services are available exclusively to its end users, or rather the “Consumers” or its “Customers”.
1.2 What is meant by “Consumer” is any person who is acting on the www.store.ferrari.com Website for purposes outside his or her trade, business or profession. If you are not a consumer, we request that you do not purchase products on the www.store.ferrari.com Website.
1.3 The Vendor reserves the right to not process orders received from users who are not “Consumers” as well as any other orders that do not comply with the Vendor’s commercial policy. The Vendor reserves the right to limit the quantity and/or type of Products that may be purchased on the Website at any time. The style, models and colours of the Products described on the Website may be changed without prior notice. During the purchasing process, if it is not possible to process the order due to the Product ordered not being available, the Consumer will be notified by an automated message. The Vendor shall bear no liability towards the Consumer in the event of a Product not being available as long as this occurs before the conclusion of the contract.
1.4 These Conditions of Sale shall govern the offer, the transmission and the acceptance of purchase orders relating to the products on the www.store.ferrari.com Website between users of the www.store.ferrari.com Website and the Vendor.
1.5 These Conditions of Sale shall not govern the provision of services or the sale of products by third parties present on the www.store.ferrari.com Website through links, banners or other hypertext links. Before placing orders and purchasing products and services from third parties, it is suggested that their terms and conditions of sale shall be verified. In no case shall the Vendor bear any liability for the supply of services provided by third parties or the execution of e-commerce transactions between the users of the www.store.ferrari.com Website and third parties.
1.6 The products available on the Website represent a selection of the items that are normally available in the shops. However, the Vendor cannot guarantee to the Consumer that the Products available on the Website will also be available in the shops or vice versa. The graphical representation of the Products displayed on the Website may differ from reality. Therefore, Consumers must rely solely on the Product’s description and characteristics indicated on the Website.
1.7. With the user’s consent to profiling for marketing activities as set out in the Privacy Policy, the user may benefit from a personalised experience and tailored support on the Website. This may include personalised product recommendations, style suggestions and specific offers based on the user’s preferences and purchase history.
2. HOW TO PLACE AN ORDER WITH THE VENDOR
2.1 To place an order for the purchase of one or more products on the www.store.ferrari.com Website, the users must fill in the online order form and submit it to the Vendor electronically, following the relevant instructions. The transmission of the order proposal constitutes a purchase proposal relating to the Products selected, governed by these Terms of Sale, which shall be binding on the Consumer, without prejudice to the right of withdrawal provided for in Article 7 below. The transmission of the order proposal by the Consumer shall entail the latter’s obligation to pay the price of the Products ordered. The information on the Website does not constitute an offer by the Vendor.
2.2 The order form contains a summary of these Terms of Sale and of the Return Policy, information on the main characteristics of each product ordered and its unit price (including all applicable taxes and duties), the type of payment method for the purchase of each product, the shipping terms for the products purchased, the shipping and delivery costs and the Terms for the return of the products purchased.
2.3 The order shall be deemed to have been transmitted when the Vendor receives the electronic format order form and the information relating to the order that has been verified as correct.
2.4 Before submitting the order form for the purchase of products, you will be asked to read the return policy carefully, print a copy using the print option, and save or reproduce a copy for your personal use.
2.5 The order form will be stored in our database for as long as necessary to process the order and as provided for by law. You can access your order form by logging in and visiting the Orders section in the My Account area.
2.6 After the order form has been submitted, the Vendor will process that order.
2.7 The Vendor may refuse to process purchase orders if there are insufficient guarantees of solvency, if the orders are incomplete or incorrect or if the products are no longer available. In the foregoing cases, the user shall be notified by email of the Vendor’s decline or process of the purchase order, with the reasons specified. If the products displayed on the www.store.ferrari.com Website are no longer available at the time of the last access to the website or when the user submits the order form, the Vendor shall notify the user that the products ordered are not available within thirty (30) days starting from the day after the day on which the order is received. If the order form has been submitted and the product has already been paid for, the Vendor shall refund the amount paid for such items.
2.8 By submitting the order form electronically, the user unconditionally accepts and undertakes to comply with these Conditions of Sale. If you do not agree with certain provisions of these Terms of Sale, please do not submit an order form for the purchase of products on the www.store.ferrari.com Website.
2.9 By submitting an order form, you agree to and accept these Terms of Sale, as well as any additional terms and conditions contained on the www.store.ferrari.com Website (in addition to links) including the Terms of Use and Privacy Policy of the www.store.ferrari.com Website.
2.10 Upon submission of the order form, the Vendor shall send the user, an email with the purchase order with the attached receipt, which will contain a summary of the information relating to the order form (Terms of Sale, main product characteristics, price details, payment method, return terms and shipping costs).
3. WARRANTIES AND PRODUCT PRICE INDICATION
3.1 The www.store.ferrari.com Website offers only products purchased directly through the Vendor from the Ferrari S.p.A. - a single-member company with registered offices at Via Emilia Est 1163, Box 589, 41122 Modena, Italy, VAT and Tax Code 00159560366; – and/or their authorised manufacturers. These products bear the trademarks owned by the Ferrari S.p.A. Company or they have been authorised to use it.
3.2 The Vendor does not sell second-hand or defective products or products of lower quality than the relevant market standards.
3.3 The main characteristics of the products are shown on each product page on the www.store.ferrari.com Website. Because of the Internet browser or monitor one is using, the images and colours of the products for sale displayed on the www.store.ferrari.com Website may not exactly correspond to the real products.
3.4 The Products’ prices indicated on the Website will be expressed in euros and/or in any other local currency, when available, and will include all applicable taxes or duties, except in those countries where taxes are applied at checkout (i.e., Canada, United Kingdom, Japan, USA, Australia, Taiwan) and markets that use Delivery Duty Unpaid (Incoterms 2020). Any delivery charges will have to be added to the price of the Products and will be indicated separately on the order form, if applicable. Prices are subject to change. The final sales price must therefore be verified before submitting the relevant order form.
3.5 Orders received from countries other than those selected for shipment or from addresses to which the Vendor cannot ship cannot be accepted.
3.6 All products sold on the Website will have an identification tag attached using a single-use seal. If you wish to make use of the right to return products, the tag and/or seal must not be removed because they are an integral part of the products purchased.
3.7 If a user decides to make use of the right to return products, the Vendor may refuse to accept any products that have been damaged, that have no tag or seal or whose main characteristics or quality have been altered.
3.8 The Vendor does not guarantee the accuracy of the prices indicated on the Website. Should an error be found in the indication of the price of a Product, the Vendor shall reject the order and offer the Customer the opportunity to purchase the Product at the corrected price. If the error is discovered only after the order has been accepted, the Vendor will offer the Customer the opportunity to cancel the order.
4. PAYMENT
4.1 The payment for the Products and the respective shipping and delivery costs must be made using one of the payment methods indicated in the order form.
4.2 If you choose to pay by credit card, all financial data (credit/debit card number, expiry date, etc.) will be transmitted to an external payment service provider (PSP), which uses a 256-bit DigiCert SSL SHA2 encryption protocol to ensure online transaction security. Users’ financial data will be used by the Vendor only and exclusively to carry out purchase procedures, to issue refunds in case of returns (according to the rules on the right of withdrawal), or to report cases of fraud on the www.store.ferrari.com Website to the police. The product purchase prices and shipping and delivery costs, as indicated in the order form, shall be charged to the user’s payment method only once the products purchased are actually shipped.
4.3 If, for any reason, within the term provided for in Article 4.2 above, it is not possible to successfully debit the credit card with the amounts due by the Customer (or, in case of a bank transfer, the funds corresponding to such amounts are not credited to the Vendor’s bank account), it will not be possible to perform the contract and the order will be considered cancelled.
4.4 For each order, the Vendor issues an invoice, which will then be sent to the Customer by email or post, in compliance with the applicable law. The invoice will then be issued based on the information provided by the Customer when placing the order. Once it has been issued, changes to the invoice are prohibited.
5. PRODUCT SHIPPING AND DELIVERY
5.1. Please access the Customer Service area for specific information on product shipment and delivery procedures. Please, read those sections carefully. Since the information provided forms an integral part of these Terms of Sale it will be considered to have been fully read and accepted by the user when the order form is submitted.
5.2. Users may choose the following options for the delivery of the Products as indicated on the checkout page:
i. Courier
ii. In-store pickup
5.3. Regarding the Courier option, the delivery will be made by a Vendor selected courier on business days. The products will be delivered to the address indicated by the Customer in the order proposal. No deliveries will be made to post office boxes.
5.4 The Vendor will send the Customer a confirmation email once the Product(s) have been shipped. A second email confirming the delivery of the Product will be sent directly by the courier to which the shipment was assigned.
Except in case of force majeure events or unforeseeable circumstances, deliveries shall be made within 30 (thirty) days from the order confirmation date. In the event of a non-delivery within the aforementioned term, the Customer may terminate the contract and the Vendor shall reimburse all costs incurred without delay.
5.5 With regard to In-Store Pickup, the delivery may be made at the Ferrari Stores participating in the service and indicated on the Website. If this pickup method is used, the Customer or the payment method holder must bring:
· a valid identity document; and
· a digital or hard copy of the email confirming that the Products are available for in-store pickup.
If the Customer has appointed another person to pick up the order, this person must bring:
· a copy of the Customer’s identity document;
· his or her own valid identity document;
· a digital or hard copy of the email confirming that the Products are available for in-store pickup; and
· a completed and signed proxy by the Customer who made the purchase.
5.6 Products will be kept at the Store for 15 (fifteen) days from receipt of the email confirming that the Products are available for in-store pickup. If the Products have not been picked up within this period, the order will be cancelled automatically and a refund will be issued according to the established procedure.
5-BIS. PRE-ORDER PRODUCTS
5-bis.1 The Vendor may in some cases offer you the possibility to pre-order one or more items that are not yet available for purchase at the Ferrari Store. The products that can be purchased in pre-order will be marked by a special label inside the product information page. For each item, the Vendor will indicate the estimated shipping date and will, in any case, send you a confirmation email when the package is to be shipped. If your purchase order contains both items already available and pre-order items, the products will be shipped at two different times, but the shipping costs will be charged only once. If a purchase order contains only pre-order items that have different shipping dates, the products will be shipped all together on the last estimated shipping date.
5-bis.2 Please note that pre-order product purchases can only be made by credit card. The Vendor will request a payment from your bank at the time of order confirmation.
5-bis.3 These General Terms of Sale shall apply in full to pre-order products, unless otherwise provided for in this Section 5.
6. CUSTOMER SERVICE
For additional information, click here to contact our Customer Service. For further clarifications, go to the Customer Service page.
7. RIGHT OF WITHDRAWAL/PRODUCT REPLACEMENT
7.1 In compliance with Article 54 of the Consumer Code, you may withdraw from your contract with the Vendor, with no penalty and without having to specify a reason, within fourteen (14) working days from the date of receipt of the products purchased on the www.store.ferrari.com Website or from the date of in-store pickup of the order at the Ferrari shop if the purchase was completed with the “In-Store Pickup” delivery option.
In some cases, the user will be permitted to exchange the products purchased for others of the same model with a different size and/or colour, provided that they are of equal value. The exchange of products will only be possible if the products in the selected size and/or colour are available at the Vendor’s warehouses. The user may request the exchange of the products purchased with no penalty and without having to specify a reason, within fourteen (14) working days from the date of receipt of the products purchased on the www.store.ferrari.com Website or, from the date of in-store pickup of the order at the Ferrari shop, if the purchase was completed with the “In-Store Pickup” delivery option.
The request must be received by the Vendor by completing and submitting the Return Authorisation Request form available on the Website Customer Service page, within the specified deadline. The products that are to be exchanged must be returned to the Vendor in their original packaging, unused, unworn, unwashed and undamaged, and the identification tag must still be attached with the single-use seal;
7.2 For additional details on how to cancel the contract, please see the Return Policy section. Please, read these sections carefully. Since the information provided forms an integral part of these Terms of Sale it will be considered to have been fully read and accepted by the user when the order form is submitted.
8. PRIVACY
8.1 For additional information on how we process your personal data, please see our Privacy Policy.
8.2 If you have not already done so, we suggest that you read our Terms of Use, which contain important information about how we process your personal data and the security systems we use.
8.3 For more information about our Privacy Policy, please contact us by clicking here or contact the Vendor at its registered office at Piazza Arcole 4, 20143, Milan, Italy.
9. APPLICABLE LAW AND DISPUTES
These Terms of Sale are governed by Italian law.
All communications or complaints are to be sent to the Vendor using the appropriate contact forms.
The Vendor ensures that they meet the users’ needs, as far as possible, and resolve any possible dispute in an amicable manner.
The European Union provides Consumers with a platform for handling complaints relating to products purchased online through an independent dispute resolution body: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
10. CHANGES AND UPDATES
These Terms of Sale may be amended over time due to the entry into force of new laws and regulations or for other reasons. The new Terms of Sale will come into force on the date of publication on the www.store.ferrari.com. Website.
11. PRIVATE SALE
Private Sale promotions are made available to selected customers
These promotions are only applicable to select merchandise marked “Private Sale” and cannot be used in conjunction with any other item that is already on sale, or any applicable rebate, discount offer, or promotional code, unless stated otherwise.
Offer can be terminated, changed, or extended at Ferrari’s discretion.
Offer applicable for eligible customers who have received the Private Sale invitation.
This offer can only be redeemed online. Please note that this offer is not applicable to purchases made at the Ferrari Store.
Ferrari reserves the right, at its sole and absolute discretion, to refuse or cancel any order for reasons related to fraud, abuse, or for any other reason.
Offer not applicable to shipping fees.
Offer cannot be applied to past transactions.
12. COMPANY INFORMATION
The Level S.r.l.
Piazza Arcole 4 – 20143 Milan, ITALY.
VAT No. 12627050961, MI REA - 1945372