General Conditions of Sale
Last updated: September 2017
1. General provisions
1.1. These general conditions of sale (“General Conditions”) apply to all distance sales of Chiara Renis products (“Products” or “Product”) carried out through the www.chiararenis.com website (“Website”).
1.2. Distance selling of Products under these General Conditions is only available to consumers (“Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.
1.3. The language used to enter into any contract of sale through this Website is English.
1.4. Clients are required to carefully read and understand these General Conditions, which are available on the Website, to enable Clients to understand and accept the terms and conditions under which the Products are made available and sold. Contracts of sale executed with the Clients will be archived by Chiara Renis for any retention period required by applicable law.
1.5. Chiara Renis reserves the right to add, vary or amend any of these General Conditions from time to time without prior notice to the Client. Chiara Renis may update the General Conditions by updating this page from time to time, and at its sole discretion. A purchase made through the Website will be subject to the version of the General Conditions that was in force at the time of Chiara Renis accepting the relevant order proposal in accordance with Section 5 of these General Conditions.
2. Identification of the Seller
2.1 The vendor is Chiara Renis Holdings Pty Ltd (ABN 62612499439), 145 Rockingham Rd, PO Box 63, Hamilton Hill, Western Australia, 6963, Australia (“Chiara Renis”).
3. Information on Products and their availability
3.1. Information on Products (along with the relevant Product codes) is available on the Website. We have made every effort to display as accurately as possible the colours and images of our Products that appear at the online store. We cannot guarantee that your computer monitor's display of any colour will be accurate. The style, models and colours of the Products described on the Website may be changed without notice.
3.2. All Products on the Website are subject to availability. Chiara Renis will inform the Client if an order proposal cannot be processed due to the unavailability of the relevant Product. Chiara Renis is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract.
3.3. The maximum number of pieces for each Product included by the Client in an order proposal is four (4) pieces. Chiara Renis reserves the right at any time to further limit quantities and/or types of Products available for ordering through the Website.
3.4. For further information about any Product and its availability, the Client may contact the customer service team by email at firstname.lastname@example.org or email@example.com.
3.5. In no case shall Chiara Renis be liable for errors occurred due to failure of the Client’s connection to the Website.
4.1. Prices of the Products are displayed on the Website in Australian Dollars (AUD), Euros (EUR) or US Dollars (USD). All countries are shipped to on a DDU (Delivery Duty Unpaid) basis, which means that Product prices displayed are exclusive of all taxes and duties. As the recipient, the Client is liable for all import duties, customs and local sales taxes levied by the country the Products are shipped to; payment of these is necessary to release an order from customs on arrival. Delivery costs shall be added to the price of the Product and are indicated separately on the order form. Delivery costs are waived when free shipping is promoted on the Website.
4.2. Chiara Renis regularly verifies that prices of the Products displayed on the Website are correct; however, Chiara Renis cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Chiara Renis shall refuse the order proposal and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order proposal has been accepted, Chiara Renis will also offer the Client the opportunity to cancel the order. If Chiara Renis is unable to contact the Client, the order proposal will be cancelled without additional prior notice.
5. Execution of the contract
5.1. The information displayed on the Website (including the price and essential characteristics of Products) is an invitation to treat and does not represent an offer by Chiara Renis.
5.2. Depending on availability, purchases may be made either directly through chiararenis.com, or through the assistance of our customer service team emailing firstname.lastname@example.org or email@example.com.
5.4. To purchase a Product electronically through the Website, Client must (i) add the selected Product to the cart by clicking on the relevant button, (ii) fill in the order proposal form, (iii) select the payment modality, (iv) accept the General Conditions and (v) send the order proposal to Chiara Renis through the Website. To purchase a Product by email, Clients may contact our customer service team in accordance with Section 5.2. above. Order confirmation will be sent to the Client via email.
5.5. Sending of the order proposal constitutes an offer with respect to the selected Product, regulated under these General Conditions and binding upon the Client. The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the relevant Product(s) if the order proposal is accepted by Chiara Renis in accordance with Section 5.10. below. Notwithstanding that these General Conditions may not be signed by the Client, the Client agrees that the receipt by Chiara Renis of the order proposal from the Client for the supply of the relevant Product(s) constitutes the Client’s acceptance of these General Conditions and shall create a legally binding contract constituted by these General Conditions which can only be amended with the written consent of Chiara Renis.
5.6. Any error/change in data entered by the Client in the order proposal may be corrected by the Client, by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from the cart).
5.8. Chiara Renis reserves the right to contact the Client to verify order details once an order proposal has been received. Confirmation of the Client and order details may require the Client to provide additional information and proof of identification, written and/or verbal. If verification is needed, our customer service team will contact the Client on their provided phone number and/or the provided email address. If, for whatever reason, the Client cannot be reached within five (5) business days, the order proposal may be cancelled without additional prior notice.
5.9. An order proposal may be refused by Chiara Renis (provided that no consideration shall be due by the Client to Chiara Renis, with the sole exception of those sums mentioned under Section 6 below, if any) within five (5) days at its sole discretion, including in the case that:
(i) the Products are not available (with no prejudice to the provision set out under Section 3.2);
(ii) the order is associated with fraudulent or illegal activities (whether actual or suspected);
(iii) the Client is purchasing the Products for resale purposes; or
(iv) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Chiara Renis.
5.10. The contract between Chiara Renis and the Client is deemed to be executed upon receipt by the Client of the acceptance by Chiara Renis of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Chiara Renis shall be sent to the Client via e-mail at the address provided by the Client in the order proposal ("Order Confirmation").
5.11. In case of unavailability of one or more of the relevant Products, Chiara Renis will send the Client an e-mail duly informing him/her about the matter. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay or shall be charged (in case of payment through the credit card) only the price of the available Products.
5.12. The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, and information on delivery charges.
5.13. The ownership of, and the risk of loss of or damage to, the Products shall pass to the Client when the Client (or a third party acting on behalf of the Client, and other than the Courier, as defined below) has accepted the physical possession of the Product. Use of the Product(s), other than in accordance with Chiara Renis’ express instructions or recommendations, is at the sole risk of the Client.
6. Method of payment
6.1. Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be made by the Client by credit card.
6.2. Chiara Renis accepts payments made in accordance with the methods and form detailed in the relevant shopping page of the Website.
6.3. The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified. Chiara Renis reserves the right to contact Clients to verify order details once an order proposal has been submitted. Confirmation of the Client and order details may require the Client to provide additional information and proof of identification, written and/or verbal. If verification is needed, our customer service team will contact the Client on their provided phone number and/or the provided email address. If, for whatever reason, the Client cannot be reached within five (5) business days, the order proposal may be cancelled;
(ii) the authorisation to debit the card has been received from the issuer of the card used by the Client; and
(iii) the availability of the Product has been confirmed by Chiara Renis.
6.4. Payment shall be due at the moment the order is placed and confirmed, both for Made-to-order and for pre-order purchases.
6.5. In the event that, for any reason, it is impossible to debit the amount due by the Client by the payment due date (see Section 6.4 above), the contract will not be executed and the order will be cancelled without additional prior notice to the Client.
7. Transport and delivery
7.1. Products shall be delivered to the address indicated by the Client in the order proposal. The signature of the Client (or of a nominated representative) will be required at the time of delivery. Products may not be left unattended, despite permission of the Client to do so. Chiara Renis will not deliver to P.O. boxes.
7.2. For each order, Chiara Renis shall invoice the Products by email or by post to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
7.3. Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice. Delivery costs are waived when free shipping is promoted on the Website.
7.4. The purchased Product shall be delivered by a courier service (“Courier”).
7.5. At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damage to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note, and reported to Chiara Renis by emailing firstname.lastname@example.org. Except to the extent permitted under applicable laws (including the Australian Consumer Law), once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel.
7.6. If your order consists of multiple items, or pre-order styles, these items may be sent and charged separately.
8. Shipping confirmation
8.1. Chiara Renis shall send to the Client a shipping confirmation via e-mail once the Products are dispatched.
9. Delivery time frames
9.1. All orders are processed Monday through Friday, excluding Saturday, Sunday and public holidays. To estimate the total delivery time for immediately available items, please allow up to two (2) business days from your order date to process your order for shipment, in addition to the time required for delivery to your location. From the moment the order leaves us, estimated delivery time is three (3) to ten (10) business days. Please be aware that the dates provided are only estimates, and that your items may arrive sooner or later than anticipated. For Made-to-order purchases, estimated lead time will depend on the specific Product you wish to have made and will be notified upon contacting our customer service team and placing your order. By way of indication only, in the case of jackets and coats, the finished Product will generally be ready in up to four (4) weeks from the time the order is placed. Your estimated shipping and delivery dates will be specified in your Order Confirmation email. In the case of pre-orders, because of the “pre-sale” nature of such transactions, you should expect a wait period of approximately two to four (2 to 4) months between the date you place your order and the date that the product is ready for shipment. The estimated delivery window will be noted on the product page of the respective trunk show. Please note that such delivery window is only an estimate and may be subject to change.
9.2. Chiara Renis shall not be responsible for any delays caused by carrier services which are an independent organization from Chiara Renis.
10. Order cancellations and returns of Products
10.1. Please note that every Product we make is individually cut and crafted in Italy with the highest quality fabrics, design and craftsmanship, which makes it a unique and exclusive piece of clothing, thus assuring you of individuality and quality. In the case of a Made-to-order Product that is made specifically for the Client, the order oftentimes will be put into work and fabric cut within twenty-four (24) hours of payment approval and Order Confirmation. Withdrawals, cancellations, exchanges or returns are therefore not accepted. In the case of pre-orders, once a trunk show is closed and the pre-order accepted, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. We will try to accommodate late pre-order requests, but this is purely at our discretion. As soon as the pre-order has been placed and the trunk show has closed, the pre-order cannot be cancelled.
10.2. Chiara Renis may cancel any contract to which these General Conditions apply or cancel delivery of Product(s) at any time before the Product(s) is delivered or provided by giving written notice to the Client. On giving such notice Chiara Renis shall repay to the Client any sums paid that have not been incurred within fourteen (14) days of the cancellation. Chiara Renis shall not be liable to the Client for any loss or damage whatsoever arising from such cancellation.
11. Statutory consumer rights
11.1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if Products fail to be of acceptable quality and the failure does not amount to a major failure. A major failure occurs when the Products are:
(i) significantly different from the description, sample or demonstration provided;
(ii) substantially unfit for their normal purpose;
(iii) unsafe; or
(iv) are such that a reasonable consumer would not have bought the Products if they had known about the problem.
11.2 The right to return or exchange Products under this Section 11 does not apply to Made-to-order Products.
11.3. If a Product sold by Chiara Renis is believed to be faulty, defective or wrongly described, or is otherwise not of acceptable quality or in breach of the Australian Consumer Law, and the Client wishes to receive a refund, return or repair of the Product (subject to Section 11.2. above) or seek any of the other remedies under the Australian Consumer Law, the Client must immediately contact Chiara Renis by email to email@example.com.
11.4. Unless otherwise agreed by Chiara Renis and subject to the Australian Consumer Law, all requests for repair, refund or exchange of any Products pursuant to Section 11.3. above must be sent by the Client to Chiara Renis together with the relevant Products at the address that will be specified via email by Chiara Renis, with appropriate proof of purchase (original invoice or gift exchange card) issued by Chiara Renis and details of the Client’s name, address and telephone number.
11.5. To the extent permissible by law, Chiara Renis’ maximum aggregate liability to the Client (whether under contract, tort (including negligence), statute or otherwise) in connection with these General Conditions and the supply or use of the Products is limited (at Chiara Renis’ sole discretion) to:
(i) re-supplying the Product(s) (including any delivery charges);
(ii) repairing or replacing the Product(s); or
(iii) paying the costs of resupply of the Product(s) or the costs of re-supply or repair of the Product(s).
To the extent permitted by law, under no circumstances will Chiara Renis be liable to the Client for any consequential loss (meaning, for example, any loss of income, profit, goodwill, reputation or value of assets and increased costs of overheads or conducting business), howsoever arising whether in contract, negligence or otherwise. The Client expressly agrees and acknowledges that the Product(s) is bought relying solely upon the Client’s own skill and judgement regarding the suitability of the Product(s) for its intended purpose. Chiara Renis will not be liable or responsible for any losses, costs, expenses, liabilities and damages (including loss of profits, liabilities of the Client to third parties, and any other consequential damages) whether direct or indirect and whether or not resulting from, or contributed to by the default or negligence of Chiara Renis or its officers, agents or employees, which might be claimed by Chiara Renis or any third party as a result of the use or failure of the Product(s) supplied by Chiara Renis. The previous sentence does not apply to any liability which cannot be excluded or limited under the Australian Consumer Law.
11.6. In the event that the Client is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 11 (subject to Section 11.2. above), delivery costs for returning the Product to be repaired or replaced shall be borne by Chiara Renis, as well as any costs related to the delivery to the Client of the repaired or replacement Product.
12. Guarantee of authenticity and intellectual property rights
12.1. Chiara Renis guarantees the authenticity of all Products purchased on the Website. Products bearing the “Chiara Renis” trademark are all rigorously and fully MADE IN ITALY.
12.2. The “Chiara Renis” trademark, together with the set of figurative and non-figurative trademarks and service marks, present in the Products, the relevant accessories and/or packaging, and marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and text protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of Chiara Renis.
13. Governing law and competent jurisdiction
13.1. This document is governed by and shall be construed in accordance with the laws applicable in Western Australia, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia, Australia and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia), and waives any right to object to any proceedings being brought in those courts.
14. General provisions
14.1. For further information and assistance with the Website or on the methods of purchase online, the Client may contact Chiara Renis at firstname.lastname@example.org or email@example.com.