Terms and conditions of sale

• 1Purpose
  This General Terms and Conditions of Sale (the "Terms of Sale") govern the sales made by Italiantouch USA, Inc. ("ITALIANTOUCH") through fay.com when accessed from the United States (the "Website") of FAY products (hereinafter the "Products" or "Product") to you (hereinafter the “Customer”).
  By using the Website you are acknowledging that you are entering into a transaction with ITALIANTOUCH a separate and independent company from TOD'S S.p.A. and/or other companies of the TOD'S Group.
  All Customers wishing to make a purchase from the Website represent and warrant that they are not acting on a commercial basis, have full legal capacity or are authorized by a parent or guardian to use the credit card or debit card utilized in connection with the transaction to be carried out on the Website.
  The Terms of Sale can change and be subsequently amended by ITALIANTOUCH.
  The respective applicable Terms of Sale shall be applied when an order is placed.
  Therefore, the Customer should consult the Terms of Sale on a regular basis so the Customer is aware of the version applicable when placing orders.

• 2Product features and availability
  PRODUCT FEATURES The essential features of the Products offered for sale on the Website are described on the Product page.
  Some Products may be available in different colors.
  Due to computer processing of images and notwithstanding the care taken in producing our Product pages, the colors of Products shown on the Website may be different from their actual color.
  The particular technical specifications and settings of the Customer's computer and its display could affect the accuracy of the colors of products offered on the Website.
  ITALIANTOUCH cannot guarantee the Customer's computer monitor's display of the color will be accurate.
  PRODUCT AVAILABILITY All orders are subject to acceptance and availability.
  Items in the Customer's shopping basket are not reserved and may be purchased by other customers.
  Subject to their availability, Products offered for sale together with their prices shall be valid as long as they are accessible on the Website.
  If a Product becomes unavailable after placing the order, the Customer will receive prompt notification by email to the address provided for the order, and if the Customer credit card or debit card (the "Customer Card") has been charged, a reverse authorization will be placed on the Customer Card. In the event that the Customer Card is charged, the full amount charged will be promptly reimbursed to the Customer Card used as payment, in any event the reimbursement shall occur no later than thirty (30) days from the date of the payment and shall be posted on your Customer card and/or your Customer Card statement as soon as possible under the circumstances.
  ITALIANTOUCH may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time in its sole discretion.
  ITALIANTOUCH will not be liable to a Customer or a third party by reason of its withdrawing any Product for any reason from the Website whether or not such Product has been sold, refusing to process a transaction or unwinding or suspending transactions after processing has begun.

• 3Prices and Prohibition on Reselling
  The prices displayed on the Website are in U.S. dollars and are intended to be valid and effective only in the United States.
  The prices displayed do not include applicable taxes.
  Prices listed on product pages are for informational purposes only, and may be changed by ITALIANTOUCH at its own discretion without notice.
  In the event a product is listed at an incorrect price, ITALIANTOUCH has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the Customer Card charged.
  If Customer Card has already been charged for the purchase and the order is canceled, ITALIANTOUCH will issue a credit on the Customer Card.
  All prices and offers remain valid as indicated from time to time on the Website.
  Total invoice prices displayed at the time of purchase include estimated taxes only.
  At the time of shipment, the card is charged and the final order total is indicated in the shipping confirmation invoice.
  The shipping confirmation invoice will include the actual sales tax calculated based on the shipping address and United Stated Federal and state laws.
  Customers may not purchase any item from the Website with the intention of reselling it and may not resell any Products purchased from this Website to third parties for a profit.
  The information on this Website does not constitute a binding offer to sell products described on the Website to the Customer or to make such products available in the Customer's area.
  ITALIANTOUCH reserves the right at any time after receipt of the Customer's order to accept or decline the Customer's order, or any portion thereof, in its sole discretion, even after the receipt by Customer of an order confirmation or after Customer Card has been charged.
  ITALIANTOUCH reserves the right to restrict multiple quantities of a Product being shipped to any one Customer or postal address.

• 4Accounts & Orders
  SETTING UP AN ACCOUNT
  The Customer may set up an account and become a "Registered Customer", or can purchase products as a "Guest".
  The Customer does not need an account in order to make a purchase from the Website.
  If the Customer chooses to register, the Customer can monitor the progress of the order, access the Customer's order history, and utilize services reserved for Customer account holders for a faster checkout.
  An account can be setup prior to making a purchase by choosing the "Login/Register" button from the shopping cart after clicking "Go to Checkout".
  The Customer must complete the fields on the form marked with a red asterisk, as this information is mandatory and necessary.
  In addition, the Customer must confirm having read Terms and Conditions and the Privacy Policy.
  Failure to provide this information will not allow the Customer to register.
  The Customer agrees to provide full, accurate and up-to-date information and to change any details that become obsolete or incorrect at a later date.
  Any details or information that is offensive, illegal, incorrect, misrepresented, representing a public order offence or moral issues must not be used in the context of setting up an account.
  Once the account has been set up, an email will be sent to the email address provided on the account to confirm login information.
  The account password you provide shall be unique and kept secure, and you must notify ITALIANTOUCH immediately of any breach of security or unauthorized use of your account.
  ITALIANTOUCH will not be responsible for your losses caused by the unauthorized use of your account, but you may be responsible to ITALIANTOUCH or others for any authorized use of your account.
  PLACING AN ORDER
  Once the Customer has selected the size, color and quantity of the Product or Products the Customer wishes to order, the Customer must choose "Add to Shopping Bag" on the product page to confirm the selection.
  The contents of the shopping bag can be viewed at any time by clicking "Shopping Bag" which appears at the top right corner of each page on the Website.
  The Customer may delete some or all of the Products in the shopping bag at any time by clicking on the corresponding "x" icon of the products delete column.
  The Customer shall be responsible, where applicable, for completing details relating to invoicing, delivery address and intended payment method.
  At the end of the order process and before payment, the Customer will receive a summary of the Products ordered together with details of any delivery costs.
  At this point the Customer may either confirm or change the order.
  Once the required order information is completed, the Customer will be directed to the payment page to finalize the order and choose Place Order to complete the process.
  The Customer shall be responsible for checking the accuracy of this information prior to final confirmation of the order (in particular names, address, number, postal code, etc.). ITALIANTOUCH shall not be responsible for any mistake by the Customer in the information provided at the time of the order confirmation.
  If information relating to recipients is incorrect, ITALIANTOUCH may not be held liable for any delay or failure to deliver an order.
  Once payment has been made, an email summarizing the order and acknowledging receipt will be sent immediately to the email address provided by the Customer (“Confirmation Email”).
  ORDER CANCELLATION
  We reserve the right at any time after receipt of the order to accept or decline the order, or any portion thereof, in our sole discretion, even after the Customer receives an order confirmation or after the Customer Card has been authorized.
  If the Customer Card has already been authorized for the purchase and the order is canceled, we will issue a credit to the original method of payment.
  PAYMENT
  ITALIANTOUCH accepts MasterCard®, Visa®, American Express®, and Discover® or any other methods which may be clearly advertised on the Website as methods of payment.
  The payment will be debited to the Customer Card only after verifying the Customer Card details, receiving credit authorization on the Customer Card, and confirmation of the Product availability, and when the order is ready for shipment.
  By making an offer to purchase merchandise the Customer expressly authorize ITALIANTOUCH or any third party vendors utilized by ITALIANTOUCH in connection with the processing of on-line payments to perform credit checks and verify the information provided.
  Customer confirms that the Customer Card that is being used is Customer's or that Customer has been specifically authorized by the owner of the card used as Customer Card to use it.
  All credit card and debit cardholders are subject to validation checks and authorization by the card issuer.
  If the issuer of the Customer Card refuses to authorize payment, ITALIANTOUCH will not be liable for any delay or non-delivery of the Products.
  Furthermore, Customer agrees that ITALIANTOUCH or any third party vendors utilized by ITALIANTOUCH in connection with the processing of on-line payments may use any information provided by the Customer in order to conduct appropriate anti-fraud checks.
  Any information that the Customer provides may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
  Please refer to our Privacy Policy [https://www.fay.com/us-en/company/privacy-policy/]for further information about how ITALIANTOUCH uses your personal data.
  All transactions on the Website are processed using Ingenico Payments, a secure online payment system that encrypts the Customer Card details in a secure environment.
  ITALIANTOUCH take reasonable care to keep the details of a Customer's order and other information secure, but ITALIANTOUCH cannot be held liable for any loss a Customer may suffer if a third party procures unauthorized access to any data provided when accessing or ordering from the Website.
  Shipping
  As indicated at the time of purchase and by the order confirmation email, the Customer is responsible for any and all shipping costs associated with the delivery as indicated at the time of purchase.
  Flat shipping fees apply for Ground, Next Day, and Second Day Air.
  The Customer shall select the shipping method when placing the order.
  Once the order is placed, the Customer will not be allowed to change the shipping method or address.
  Shipping Methods and Fees: · Ground Complimentary Alaska, Hawaii, Puerto Rico* 3 * All packages are shipped via UPS.

• 5Delivery
  PLACE OF DELIVERY
  1. The Products purchased on Website can only be delivered to addresses in the United States; to all 50 states including Alaska and Hawaii.
  Items cannot be shipped to a P.O. boxes or APO/FPO addresses.
  Subject to receipt by ITALIANTOUCH of the full payment, deliveries shall be made to the address provided the time of placement of an order.
  DELIVERY PERIOD
  Unless indicated otherwise after the final confirmation of order, the delivery period for Products ordered from the Website include 1-2 business days to process the order for shipment, in addition to the time indicated by the Customer's preferred shipping method. i.e. UPS next day, second-day, ground.
  Orders are processed and delivered Monday through Friday, excluding holidays.
  Saturday delivery not available.
  ITALIANTOUCH is not responsible for unanticipated delays due to conditions such as weather or air travel delays.
  RECEIPT OF PRODUCTS
  ITALIANTOUCH requires a signature for the delivery of the Products to any Customer.
  If Customer has specified a recipient who is not the Customer (a third party in case of a gift) then Customer accept that evidence of a signature such person or of a person at the delivery address indicated at the time of the order confirmation is evidence of delivery.
  If a Product purchased on the Website is received damaged, the Customer must notify Customer Assistance immediately within forty eight (48) hours either by phone (at 855-212-1742 ) or by email contact-fay-us@todsgroup.com The Customer must provide detailed information regarding the defects and keep the original Product packaging and the parcel in the condition in which it was received, and otherwise follow the instructions provided by the Customer Assistance representative.
  Customer Assistance will then begin investigation with UPS.
  Please note that this process generally takes between eight (8) and ten (10) business days.
  
  Retention of ownership and transfer of risks ITALIANTOUCH shall retain full ownership of the Products ordered until payment has been received in full.
  Once the product is shipped risks of loss or damage to said Products, and any damage that may have occurred, shall be transferred to the Customer.

• 6Right of withdrawal, Return/Exchange
  The Product purchases can be returned within fourteen (14) days from the delivery date of the Products (the "Return Period"), provided that such right will be exercisable if (i) the Products are returned to ITALIANTOUCH as provided herein; and (ii) Products to be returned were not marked as "Final Sale" or sale priced at the time of purchase.
  If Products are marked as "Final Sale" or were discounted they cannot be returned or exchanged and their sale is final.
  In order to exercise the Right to Withdrawal during the Return Period, the Customer is required to inform ITALIANTOUCH of his decision to withdraw by access the appropriate section of the Website ( https://www.fay.com/us-en/request-return) entering the order number and following the instructions set out there (“Online Return”).
  
  Should further assistance be needed the Customer can contact Customer Assistance by phone 855-212-1742 or by sending an email to contact-fayus@todsgroup.com.
  
  If the last day of the Return Period falls on a Saturday, Sunday or a public holiday, the Return Period shall be extended to the next business day.
  Public holidays include New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
  For commercial reasons, we will accept the costs of returning Products subject to strict compliance with the procedure as outlined on the return/exchange form and criteria outlined in the Return Policy.
  
  RETURN POLICY The Products shall be submitted for return to ITALIANTOUCH to the courier designated in the return shipment provided by ITALIANTOUCH to the Customer within the Return Period, in their original condition, in the original packaging, and must be accompanied by the shipping confirmation invoice.
  
  ITALIANTOUCH will only accept full-price Products in their original condition for a full refund when accompanied by the shipping confirmation invoice inside the package.
  ITALIANTOUCH will not accept merchandise that has been worn, used, altered or damaged.
  Shoes should be tried on a carpet surface before being worn.
  Products should be returned unused and with all ITALIANTOUCH and FAY tags or stickers still attached.
  Sale-priced Products, or Products marked as "Final Sale" at the time of the order, are final sale and cannot be returned, and ITALIANTOUCH will not issue any credit towards the return of those Products.
  Returns will be processed within fifteen (15) business days of receipt of the Products by ITALIANTOUCH.
  Refunds may only be issued on the same Customer Card utilized for payment.
  Please note that the original shipping charges for any returned item(s) are the Customer's responsibility and will not be refunded.
  ITALIANTOUCH will not assume any liability for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled by the courier.

• 7Personal data
  Personal data shall be collected by ITALIANTOUCH INC. on the Website with a goal of allowing the Customer to set up an account and/or to purchase Products from the website.
  The Information might be shared with third parties as provided for in the Privacy Policy .
  
  MY ACCOUNT Certain personal data is essential for setting up a Customer account and making purchases; such information beginning with an asterisk is Title, First Name, Last Name, Email Address, Password, and Telephone.
  Failure to provide this mandatory information shall mean that the Customer's account cannot be set up and used.
  In creating this account, the Customer authorizes ITALIANTOUCH to store their name and email.
  All other requests for personal data are optional.
  
  EMAIL Email registration for the ITALIANTOUCH or other online newsletter as provided from time to time at the time of registration is optional.
  To register an email for the ITALIANTOUCH or other online newsletter the Customer can submit it through the Email Sign Up menu button on the top right of the page.
  The Customer can also sign up when creating an ITALIANTOUCH account by checking the Email Newsletter option during registration.
  If the Customer does not choose to sign up during registration, at any point after registration the Customer may check the "Sign up to our email newsletter" option on 4 the Profile tab of My Account and press the Sign up button to confirm the option.
  Email addresses provided to become a registered member are stored for ordering purposes only.
  
  PURCHASES Customer Card information will be collected when placing an order, but ITALIANTOUCH does not store this information.
  In accordance with Personal Privacy Protection laws, in regards to information technology, files and rights, the Customer shall have the right to access, change, correct and delete personal data as provided in the Privacy Policy.
  This right may be exercised, where applicable, via the Customer account.
  To make changes to a profile, the Customer must go to Profile tab of the My Account page and choose the "Edit" button in the right hand corner of the page to change home address, email address, etc. information and save to finish updating.
  We are committed to implementing appropriate measures in order to avoid any attack on the integrity and confidentiality of personal information collected.
  However, the security, confidentiality or integrity of information sent via the Internet is not guaranteed on account of the very nature of the network.
  In particular, we are not accountable and may not be held liable in the event of loss, communication to a third party or fraudulent uses of login details.

• 8Severability of Clauses
  If one or more of the provisions in the Terms of Sale are deemed or declared null and void, unenforceable, or illegal, the other provisions shall remain unaffected in terms of their validity and scope.

• 9Applicable law
  The laws of the State of New York govern these Terms of Sale, and the Customer irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms and Conditions of Sale.
  The Website has been designed to comply with the laws of the State of New York and of the United States.
  If the Website fails to comply with the applicable legislation in the country from which the Customer accesses the Website, the Customer must stop using the Website.
  
  DISCLAIMER, ERRORS & INACCURACIES ITALIANTOUCH is not responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Website. Our goal is to provide complete, accurate, and up-to-date information on our Website.
  Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors.
  This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior or subsequent notice.