General Conditions

General terms and conditions for the use of the Website www.fancylux.com and for the acquisition of products present on it in effect from 1 January 2019.

1 SUBJECTS OF THE GENERAL CONDITIONS

1.1 Products

1.2 Errors, Inaccuracies, and Omissions

1.3 Prices

1.4 Rights to Intellectual Property

1.5 Right to Modify the Terms and Conditions

1.6 Area of Jurisdiction

2 REGISTRATION ON THE WEBSITE

2.1 Creation of an Account

3 PURCHASE OF PRODUCTS

3.1 Submission of the Order by the Buyer

3.2 Unavailability of a Product / Refusal of an Order

3.3 Payment for the order

3.3.1 Types of Payments Available

3.4 SHIPPING FEES

3.4.1 For Orders to be Shipped within Switzerland and Liechtenstein

3.4.2 For Orders to be Shipped outside of Switzerland and Liechtenstein

3.5 DELIVERY

3.6. RECEIPT AND CONFIRMATION PRODUCTS

3.7 CANCELLATION / COMPLAINTS / RETURNS / REIMBURSEMENT

3.7.1 Products Not Received or Delivered Late

3.7.2 Products Not in Compliance with the Product Information Page

3.7.3 Right to Withdrawal

3.7.4 Procedure for the Return of Products

3.8 SALES

3.9 MAKE AN OFFER FUNCTION

SUBJECTS OF THE GENERAL CONDITIONS

FANCY LUX SA, by means of its Website www.fancylux.com (heretofore referred to as the “Website”) provides various services which allow Users to to enter into a relationship with it and to purchase articles of within the fashion and luxury sector (heretofore referred to as the “Products”).

The present general terms and conditions define the ways in which FANCY LUX allows Users to access and navigate the Website, makes available to them services for the sale of the user’s own Products, or to purchase the Products made available for purchase by FANCY LUX.

Each User is asked to accept the General Terms and Conditions for Sale and and all of its contents (heretofore referred to as the “GTCs”) at the moment of personal account creation on the Website. Without the acceptance the GTCS, the User is unable to make use of the services or take advantage of the offers present on the Website.

The User agrees to not reproduce, duplicate, copy, sell, resell, or exploit any part of the service, the use of the service, or the access to the service, or any sort of contact made on the Website on which the service is offered without the express written authorisation of FANCY LUX.

1.1 Products

We sell only 100% authentic articles.

All products present on our Website, before being put on sale, are checked by our experts, making use of the best, most recent technology.

We have taken every effort to display as accurately as possible any potential colors of and the images of the products which appear on our Website. We cannot guarantee the accuracy of your monitor’s display for any color.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area, or jurisdiction. We may make use of this right on a case by case basis. We reserve the right to limit the number of products or services which we offer. All product descriptions or prices are subject to change at any moment without prior notice, at our exclusive discretion. We reserve the right to interrupt the sale of any product in any moment. The offer of any product or service carried out on this Website is void where prohibited. We do not guarantee the quality of any product, service, information, or other material purchased or obtained will meet your expectations or that eventual errors in the service will be corrected.

All offered products are second-hand, and thus FANCY LUX does not offer any sort of buyer guarantee.

1.2 Errors, Inaccuracies, and Omissions

There may occasionally be information regarding our Website or in the Service which contains typographical errors, inaccuracies, or omissions which may pertain to the description of products, prices, promotions, offers, costs of shipping, delivery times, and availability. We reserve the right to correct eventual errors, inaccuracies, or omissions, to change or update the information, or to cancel orders if any information in the Service or on any relating website is inaccurate at any moment without prior notice (even after the shipment of an order). We do not assume any obligation to update, change, or clarify the information present in the Service, or on any relating website, including, without constraint, information on prices, except when required by the law.

1.3 Prices

Prices can be changed between the currencies CHF and EUR.

If the shipping address is located outside of Switzerland or Liechtenstein, during check-out and payment, the prices of our products will not include the duties, VAT and taxes, or customs-related tariffs of your country.

The prices of our products are subject to change without prior notice. We reserve the right to change or interrupt the Service (or any part or content of it) at any moment without prior notice. We will not be responsible to the User or to third-parties for any eventual changes, price variations, or suspension or interruption of the Service.

1.4 Rights to Intellectual Property

FANCY LUX is the owner of the texts, images, and content of the Website. They are protected by copyright and other intellectual property rights. No part of the Website may be copied, reproduced, modified, distributed, viewed, posted, or transmitted without authorisation. All brands, product names, names of companies, and logos present on the Website are the express property of their respective owners.

1.5 Right to Modify the Terms and Conditions

FANCY LUX reserves the right to modify the GTCs without prior notice.

We reserve the right, at our exclusive discretion, to change or replace the present GTCS at any moment. What constitutes a substantial change will be determined at our exclusive discretion.

1.6 Area of Jurisdiction

The area of jurisdiction is Lugano, Canton Ticino, Switzerland.

Il foro di competenza è Lugano, Canton Ticino, Svizzera.

REGISTRATION ON THE WEBSITE

Creation of an Account

To access the functions of the Website, the User must create an account using an email address belonging to them and must create a password. The User may otherwise make use of the Facebook Connect feature.

The User should be aware that those who make use of the Facebook Connect feature to register on the Website will be asked to give authorisation for access to certain information available on their Facebook account, including first and last name, Facebook ID, email address, sex, date of birth, profile picture, friends list, and any other public data on Facebook.

For all information relating to the protection of personal data, you may access the Privacy Policy and the Cookie Policy here.

The User must be at least 18 years of age and have full legal capacity to make purchases on the Website.

The User will not create or use accounts other than the initially created one, whether it be under their own identity or that of a third-party.

The User will not provide unreliable, false, or incorrect information or data during the registration process.

The User also agrees to inform FANCY LUX in a timely manner regarding any fraudulent use of their personal data or of their username or password by a third-party, as soon as they become aware of it. In this regard, the User will commit to indemnifying FANCY LUX for any potential damages suffered or of the potential expenses incurred as a result of the usage of the data connected to the User themselves by any third-party that has had access to the Website, as much in the event that the User has authorized this usage, as in the event that they were unaware of it.

PURCHASE OF PRODUCTS

Submission of the Order by the Buyer

The Buyer who intends to purchase a Product present on the Website may click on the “Make an Offer” or “Purchase” buttons on the selected Product Information page. The Buyer may, in this way, add different products to their Shopping Cart.

The Buyer should also take not that the products may be shipped only within the explicitly indicated areas.

The Price of all Products made available for purchase on the Website is to be understood with included VAT, but excluding shopping costs, and customs and shipping taxes in effect in certain countries.

Order includes the conclusion of the contract with FANCY LUX.

The sale contract of a Product, between the Buyer and FANCY LUX, is in effect immediately at the moment of the Order’s finalisation, and FANCY LUX will seek to ship the Product to the Buyer. Each item made available for purchase and/or purchased by a buyer remains the property of FANCY LUX until payment for the good is completed.

FANCY LUX reserves the right to cancel the sale contract.

3.2 Unavailability of a Product / Refusal of an Order

If, after the confirmation of the Order, the Product ordered by the Buyer, for any reason, should become unavailable, FANCY LUX will contact the Buyer to cancel the Order and will proceed with the reimbursement of the payment, if it has already been received, which will be completed within thirty (30) days of the date of the cancelation.

FANCY LUX reserves the right to refuse the Order of any Buyer with whom there may be an in-progress dispute regarding the payment of a previous Order or relating to the Product for which there was a flagrant error in sale Price. In this case, the Buyer will be informed via email of the actions taken by FANCY LUX, which will proceed with the reimbursement of the Order, if it has already been paid for by the Buyer, which will be completed within thirty (30) days of the date of the cancelation.

3.3 Payment for the Order

Payment for Orders by the Buyer, including shipping costs, shall be made through one of the secure payment systems offered by FANCY LUX, as proposed from time to time on the Website.

The general terms of use of the various payment systems may vary from country to country.

FANCY LUX will confirm the reception and processing of the sum paid to FANCY LUX by the Buyer via email. This email, as any confirmation of received payment sent to the Buyer, does not constitute an acceptance of the Buyer’s Order.

The Buyer’s personal data pertaining to the order will be processed in accordance with applicable privacy laws. For more information, the Buyer can consult the Privacy Policy and the Cookie Policy here.

To confirm the Order, the Buyer will be contacted directly by FANCY LUX to complete a verification (by telephone, email, or post), or by the payment provider selected, which may eventually request the Buyer provide further documents.

The Order of the Buyer will be refused in the event that the above mentioned verification reveals that the Buyer has intentionally provided false information or is of a fraudulent nature. In this case, the Buyer will be informed of the actions taken by FANCY LUX via email.

3.3.1 Types of Payments Available

Buyer with a shipping address in Switzerland or Liechtenstein

Debit or Credit Card

Bank Transfer, Postal Payment˚

Buyer with a shipping address outside of Switzerland or Liechtenstein

Debit or Credit Card

Bank Transfer˚

˚ The Buyer commits to completing the payment within two (2) days from the conclusion of the order and to send FANCY LUX a copy of the payment receipt. Should FANCY LUX not receive the payment within seven (7) work days from the day of the Order, the Order shall be canceled and FANCY LUX has the right to charge the Buyer 30% of the total of the Order for administrational fees.

 

Information for Bank Transfers and Postal Payments in Swiss Francs

NB Purpose: Put the order number and Product SKU

Fancy Lux SA

Via Francesco Soave 1

6900 Lugano

 

Bank Details:

Corner Banca SA

Via Canova, 16

6901 Lugano

 

IBAN: CH19 0849 0000 3496 9100 1

Cont N. 69-5872-0

Clearing Number: 8490

BIC: CBLUCH22

 

Information for Bank Transfers in Euros

NB Purpose: Put the order number and Product SKU

Fancy Lux SA

Via Francesco Soave 1

6900 Lugano

 

Bank Details:

Corner Banca SA

Via Canova, 16

6901 Lugano

 

IBAN: CH78 0849 0000 3496 9100 6

Cont N. 69-5872-0

Clearing Number: 8490

BIC: CBLUCH22

 

3.4 Shipping Fees

The buyer must provide the following necessary information at the conclusion of the purchase:

name and last name of the order recipient;

shipping address;

telephone number;

email address

Shipment of the Buyer’s Order will be carried out by the specific courier authorised by FANCY LUX.

The Buyer bears the Shipping Costs incurred by FANCY LUX for the shipment of the Product, including shipping fees, insurance, and other eventual fees. The Shipping Costs are calculated based on the destination country and on the volumetric weight as displayed in the table below, except in the case of shipments to Switzerland and Liechtenstein, for which there is a fixed cost.

All eventual customs fees are to be paid by the Buyer. International clients are responsible for eventual taxes or additional fees added after the shipment of an article. We do our best to protect our international clients from incurring additional fees, but we cannot guarantee that unforeseen fees will not occur.

3.4.1 For Orders to be Shipped within Switzerland and Liechtenstein

The Shipping Costs are fixed and equal to 10.50 CHF

Orders amounting to more than 1,000 CHF are without Shipping Costs

FANCY LUX uses Swiss Post or DHL for the shipment of packages within Switzerland and Liechtenstein. Orders are shipped as priority mail with a delivery time of twenty-four (24) hours, tracked, and to be signed for upon delivery.

You will receive an email of confirmation from FANCY LUX as soon as your order is shipped.

You will be able to track and manage the delivery on the website www.dhl.ch

3.4.2 For Orders to be Shipped outside of Switzerland and Liechtenstein

The Shipping Costs vary in accordance to the destination country and to its volumetric weight. Here below you will find a table of the costs. The correct Shipping Costs will be available for view once a Product is placed into the Shopping Cart.

FANCY LUX uses DHL or Swiss Post for the shipment of international orders. Orders are shipped as priority or economy based on your choice, tracked, and to be signed for upon delivery.

You will receive an email of confirmation from FANCY LUX as soon as your order is shipped.

You will be able to track and manage the delivery

3.5 Delivery

Ownership of Products and risks. The Products remain the property of FANCY LUX until the receipt, by FANCY LUX, of the entire Order cost, including the price of the Product and all additional costs (amongst which are taxes, processing fees, and Shipping Costs). The risks related to the loss of and potential damage to the Product become those of the Buyer the moment in which the Buyer or a third-party specified by them physically acquire the Product. The Buyer will be held responsible for any damage caused to the Product after its receipt.

3.6. Receipt and Confirmation of Products

Upon delivery of the Product by the courier, the Buyer is to verify (or to have the person receiving the Products verify) the apparent condition of the Products at the moment of delivery.

Should there be the presence of an easily noted fault in the Products (damage, missing products, damaged packaging, broken products, etc.), the Buyer or the assigned third-party is required to indicate these faults on the delivery receipt, precisely indicating the number of packages or products missing or damaged and precisely describing the nature of the encountered issue (opened or damaged packaging, missing or damaged products, etc.). The Buyer is required to keep the products in the condition in which they were delivered (that is, with all delivered elements and accessories and with the labels).

Acceptance of an Order with inexplicit reservations regarding the content has no value. In the absence of exact reservations, the Buyer acknowledges having received the Products indicated in the Order in good conditions.

If it is the case that there are damaged Products, the return of these Products must be carried out following the instructions outlined in article 3.7.

3.7 Cancellation/Complaints/Returns/Reimbursement

3.7.1 Products Not Received or Delivered Late

If the ordered Products should not be delivered within thirty (30) days from the date of the Order, the Buyer is required to request that FANCY LUX complete the shipment within an additional time period of fifteen (15) days. Should this additional time period pass without the delivery of the Order, the Buyer will have the right to cancel the order by sending a request for cancellation to FANCY LUX within sixty (60) days of the indicated date of delivery. The request for cancellation must be sent to the email address info@fancylux.ch [otherwise by means of certified letter with acknowledgement of receipt to the address Via Francesco Soave 01 - 6900 Lugano (Switzerland)].

FANCY LUX shall reimburse the Buyer within thirty (30) calendar days from the effective receipt of the request for cancellation.

In the event of a cancellation, the Buyer will receive a total or partial reimbursement of the amount paid in the same method used by the Buyer for the payment, except in the event that the request for cancellation/reimbursement due to the failed delivery of a part or the entirety of an ordered Product was found to have been sent with fraudulent intent.

In the event that the Buyer does not collect the package, or in the event that the Buyer refuses the package for unclear reasons and the Product(s) should return to FANCY LUX, FANCY LUX will take the follow actions:

i) The Buyer is obliged to send, again, with FANCY LUX, by means of bank transfer, the additional shipping costs incurred for sending the package within five (5) days of their informing.

ii) In the event that the Buyer should not follow through with the payment for the additional shipping of the Order, FANCY LUX will retain 30% of the value of the order for warehouse and administrational fees.

3.7.2 Products Not in Compliance with the Product Information Page

Should the Buyer receive Products not in compliance with the Product Information Page:

In the event that a Product received by the Buyer should not be in compliance with the Product Information Page, or should violate the present General Terms and Conditions, the Buyer has the right to report the noncompliance to FANCY LUX to obtain a reimbursement of the price.

The report on the noncompliance of the Product with the description on the Product Information Page and/or the violation of the present General Terms and Conditions entails the obligation of the Buyer to return the Product, in accordance with the procedure outline in article 3.7.3, “Right to Withdrawal.”

The Products may not be returned for reasons of noncompliance with the Product Information Page if the Buyer has removed the label applied by FANCY LUX to the Product during shipping, has used the product, or has only slightly varied from the GTCs.

3.7.3 Right to Withdrawal

The Buyer has the right to withdrawal from the sale contract within seven (7) days. If, at the moment in which the request for withdrawal is received, the order has already been shipped, the right to withdrawal is void.

The Buyer must download and fill out this PDF form, sending a copy via email to orders@fancylux.ch

3.7.4 Procedure for the Return of Products

Any return of Products, where required pursuant to the present document, must be sent to the following address: FANCY LUX SA, Via Francesco Soave 1 - 6900 Lugano (Switzerland).

FANCY LUX denies any responsibility in the event of loss or damage to a Product during its transport.

All Products must be returned intact and complete (or rather, with all accessories and elements received with the Products themselves, in the condition in which they were delivered and with the labels attached) and will be closely examined by FANCY LUX. FANCY LUX makes use of the most modern technologies to verify the condition of the returned Products. In the event that the Product should not be in the same conditions in which it shipped, the request for return is void.

If it is found that the Product which the Buyer seeks to return was not treated with the appropriate care, FANCY LUX reserves the right to not accept the return of the Product and to deduct from the amount expected from the Buyer as reimbursement, any sum deemed owed to FANCY LUX as compensation for the damage caused to the Product, if the damage is confirmed to have been caused after delivery to the Buyer. The Buyer, in addition, is responsible for any decrease in value of the Product due to handling other than that necessary for the maintenance of its condition, characteristics and function of the Product itself, or in the event of deliberate damage to the Product, of an accident owed to the negligence of the Buyer or a third-party, of use of the product not in compliance with the instructions provided by the manufacturer or by FANCY LUX, or of the modification, or even of a repair performed without the prior agreement of FANCY LUX.

Any Product returned in a condition for which the cost of repair and cleaning would be too high, in relation to the Price of the Product, unless the Product was received in such a condition by the Buyer, will not be reimbursed and will be kept available to the Buyer for collection at their own risk.

In the event that the Buyer should want to recuperate the Product, the Buyer may come directly to retrieve it at the following address: FANCY LUX SA, Via Francesco Soave 01 - 6900 Lugano (Switzerland), after having made and agreed upon an appointment via email. The Buyer will be required to pay on site 200 CHF, consisting of processing, administrative, and warehouse fees. In the event that it is impossible for the Buyer to personally retrieve the Product, FANCY LUX will send the Product to the Buyer again, who will not be able to return it again, and who will be subject to the payment, via bank transfer, of shipping fees and of the processing, administrative, and warehouse fees incurred.

Buyers with Shipping Addresses within Switzerland and Liechtenstein

The Buyer may exert their right of return within two (2) days of receipt of the Order. The date of delivery of the courier shall prevail in the event of contestation.

The Buyer must download and fill out this PDF form, sending a copy via email to orders@fancylux.ch and a copy to be inserted into the package containing the article(s) to be returned.

Shipment of the package must be tracked and require a signature upon delivery, and the tracking number must be communicated to FANCY LUX on the form.

Reshipment must take place within two (2) days of receipt of the Order.

International Buyers

The Buyer may exert their right of return within fourteen (14) days of receipt of the Order. The date of delivery of the courier shall prevail.

The Buyer must download and fill out this PDF form, sending a copy via email to orders@fancylux.ch and a copy to be inserted into the package containing the article(s) to be returned.

Shipment of the package must be tracked and require a signature upon delivery, and the tracking number must be communicated to FANCY LUX on the form.

Reshipment must take place within fourteen (14) days of receipt of the Order.

The Buyer shall seek to respect the correct return procedure for international shipments. In the event that FANCY LUX is requested to see to the costs of tariffs, customs tariffs, or additional fees, FANCY LUX will automatically refuse the delivery, which will return to the Buyer, and thus will also refuse the return.

In both cases:

FANCY LUX is not responsible for damage to, deterioration of, loss of the article, or other events which may occur, during its shipment.

It is the choice of the Buyer whether or not to insure the shipment.

The return shall be accepted only and exclusively in the event that it satisfies all of the previously outlined conditions.

The reimbursement will be carried out within thirty (30) days of acceptance of the return. FANCY LUX undertakes to reimburse totally or partially the amount spent on the order by the Buyer, excluding ancillary costs such as shipping costs.

The Buyer will receive a full or partial refund in the same method used for payment. In the case of orders paid by wire transfer, the reimbursement will be made using the data provided by the Buyer in the Return Form.

Should the procedure not be followed correctly, the return will be automatically refused.

3.7.5 PROCEDURE IN THE EVENT OF REFUSED RETURNS

In the event that the Buyer makes a return not following the correct procedure and the shipment is deposited at FANCY LUX, the following procedure will be followed:

i) The Buyer is obliged to send, again, with FANCY LUX, by means of bank transfer or credit card, the additional shipping costs incurred for sending the package within five (5) days of their informing.

ii) In the event that the Buyer should not follow through with the payment for the additional shipping of the Order, FANCY LUX will retain the order for thirty (30) days, during which the buyer can personally pick it up at our offices. The Buyer may come directly to retrieve it at the following address: FANCY LUX SA, Via Francesco Soave 01 - 6900 Lugano (Switzerland), after having made and agreed upon an appointment via email. The Buyer will be required to pay on site 200 CHF, consisting of processing, administrative, and warehouse fees. In the event that it is impossible for the Buyer to personally retrieve the Product, FANCY LUX will send the Product to the Buyer again, who will not be able to return it again, and who will be subject to the payment, via bank transfer, of shipping fees and of the processing, administrative, and warehouse fees incurred.

In both cases, the Buyer will not be able to return again the order.

iii) After 30 days, the item will be put back online on all our platforms and the buyer will no longer be able to recover it.

3.8 Sales

FANCY LUX guarantees that the Products which it puts available for purchase on the Website comply with all the requirements of current legislation.

FANCY LUX seeks to comply with all obligations deriving from the General Conditions for Sale.

FANCY LUX does not provide any guarantee for the products sold.

FANCY LUX guarantees the authenticity of all the products on sale.

3.9 “Make an Offer” Function

The “Make an Offer” function allows Buyers to negotiate, in a limited manner, the Price of the Product, sending an offer to FANCY LUX, which may accept, refuse, or which may make a counter-offer.

The making of an offer does not bind one to the purchase of the Product