GENERAL TERMS OF SALE
These General Terms of Sale regulate the purchase and sale of products through the portal www.Italianshoes.com (in brief “website” or “portal”).
Information on provider and contact data
the website is owned by F@ctory s.r.l. (hereinafter “company” or simply and in brief “Italianshoes.com ”) with registered office in 62024 Matelica (MC), Via Rondinella 3. and operative office in 62024 Matelica (MC), Via Ottoni 17, registered with the Rome Register of Companies, Tax Code 09731241007 and VAT number IT 09731241007 Rome R.E.A. (economic administrative index no.) RM 1187197.
We would like to inform the consumer that he/she may contact the provider or present any complaints using the following credentials:
- phone number +39 0737 83083
- email: [email protected]
- pec (certified email address) : [email protected],
Acceptance of the general terms of sale
All purchases of products present in the website and bought remotely through the website by users and consumers are regulated by these General Terms of Sale and by the Consumer Code (Italian legislative Decree 206/2005) and by regulations on electronic commerce (Italian Legislative Decree 70/2003).
On finalising purchase agreements, in accordance with the procedure in point 1) of these conditions, the Customer accepts and undertakes to comply with these General Terms of Sale.
Before making any purchase involving a payment obligation, the Customer is kindly invited to read these General Terms which, before the order is forwarded, are displayed to be printed or downloaded and kept on a lasting electronic support, thus accepting that the agreement be finalised in digital format.
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1) INVITATION TO OFFER AND PURCHASE PROCEDURE
Based on common practice and the customs of electronic commerce, products present in the portal are displayed to enable users and consumers to choose goods presented and make a purchase proposal.
The visual presentation of products in the website normally corresponds to the photo of the products themselves and is solely to present them for sale, with no guarantee or commitment. This with special reference to product sizes and/or colours.
If there is a difference between the picture and the product card, the product card description shall always prevail.
If YOU WANT TO PURCHASE one or more products presented on the website, you may select them one at a time and add them to your basket.
Once you have selected all the products you intend to buy, please remember to check they are present in the basket to close and forward the order.
Once you have forwarded the order, a page summing up products selected will appear with indication of price and delivery method to your home (with relative costs).
You must then choose the solution preferred for delivery, transport and payment.
The essential product characteristics, total price including taxes and additional charges are presented for each product.
Having checked the order, sales terms and method of delivery, delivery times, you must click “Order” to send us the order.
Sending the invitation to offer by selecting the specific button is an “order with obligation to pay“.
Your order is your contractual proposal to purchase from “Italianshoes.com ” the products chosen, considered singly.
On receiving your order proposal, you will be sent an automatic email that the order has been received (“order confirmation email”) which does not constitute acceptance of your purchase proposal.
By sending the order confirmation email, we are only confirming that we have received the order; it will be checked to verify characteristics and availability of products chosen by you.
The selling agreement with Italianshoes.com will only be finalised when we send you an email accepting your purchase proposal, which will also contain information on the effective shipment date for the product/s and the delivery date foreseen.
If your order should be executed through several shipments, you might receive more than one email confirming shipment.
You may cancel your order before receiving our email confirming shipment, as long as the order has not yet been prepared for the shipment process. In this case you will be charged no cost.
However, with no prejudice to withdrawal rights under terms and conditions set forth in the following point.
You agree to accept invoices in electronic format. These documents will be available in PDF format and the issuing of the relative electronic invoice for an order will be communicated to you in the e-mail confirming shipment.
2) PRICES, AVAILABILITY AND METHOD OF PAYMENT
All prices displayed on products include VAT applicable in compliance with laws in force.
Information on the availability of products offered can be found on the website, and in the presentation page for each product.
Product sending and delivery times are indicative. They cannot be considered as fully reliable as they do not depend on the company’s will and activity as it avails itself of third parties. Once we have received your order, we will inform you by email if any of the products ordered by you are not available.
Despite all the care and attention taken by us, we cannot exclude that some products could have an error in the price indicated.
When the order is checked and products are shipped we will check that product prices are correct.
If the price indicated in the website should be higher than the effective selling price, we will contact you to check whether you still want to purchase the product at the correct price. If not, we will not be able to accept your order, with no liability for Italianshoes.com.
If the correct price for a product is lower than the one indicated on the website, we will only charge you the correct lower price and will still ship the product.
Products purchased must be paid for by credit card, PayPal and cash on delivery as specified below:
3) RIGHT TO WITHDRAW, RETURNS POLICY. EFFECTS AND EXCEPTIONS
You have the right to withdraw from the order made, with no need to explain why, within 14 days of the day you receive the product ordered or from the day you receive the last product if you ordered a number of products which were shipped separately.
If you have appointed a person to receive your products, your right to withdraw starts from the day the product was delivered to the person appointed, not the courier.
You must inform F@ctory srl by email (to the contact address indicated above) that you are exercising the right to withdraw, using the attached form.
To be able to exercise the right to withdraw, the communication must be sent before the 14 day period from receiving the product has expired and the product is returned to Italianshoes.com following instructions in the portal (link – “withdrawal info”).
For further information on the right to withdraw and operative instructions, you can call our Customer Services on the free phone number 800 401 816 or on no. +39 0737 83083.
If the right to withdraw is exercised, you will be refunded all payments received for the product in question, including shipping costs for the cheapest shipping method offered by the company; with it understood that if another choice be made the difference will be the liability of the consumer /user.
We will make the refund within 14 days from the day we receive the withdrawal communication, using the same payment method used by you to pay for your order, unless you should indicate otherwise.
In any case, you will incur no cost as a consequence of that refund.
We may withhold the refund until we have received the product or till you have provided proof that it has been returned to Italianshoes.com, depending on which occurs first.
IMPORTANT: you must return the products following instructions available at the link “withdrawal info” within 14 days from the day you communicate withdrawal.
You must sustain the direct costs involved in returning the products which, as was explained, will be refunded.
You could be held responsible for a decrease in goods value resulting from any tampering with the goods (other than what is needed to establish kind, characteristics and functioning of goods).
The right to withdraw does not apply with:
– the supply of sealed goods which cannot be returned for hygiene reasons or for health protection purposes and that have been opened and used after delivery, besides the time needed to check their suitability (for shoes you are only permitted to try on the shoe to check size and fit of the model purchased);
– the supply of goods made to measure or clearly personalised (as a non exhaustive example shoes with initials, hand-painted, embroidered and personalised sole, etc. …).
4) RETURNS POLICY OF ITALIANSHOES.COM
In addition to your legal rights , all products purchased on the website can be returned within 14 (fourteen) days from delivery as long as they are intact, not used, not damaged.
The products must be returned following instructions available at the link “ withdrawal info”.
If products ordered should be delivered outside Italy, as the purchaser you could be subject to import duties and taxes, collectable when the parcel has reached the destination specified.
Any additional customs clearance cost will be your liability and as we have no control of those costs we cannot foresee the amount.
Customs policies vary considerably from country to country so you should contact your local customs office for further information.
We would like to inform you that when you place orders on our website you are considered an importer, so you must comply with laws and regulations of the country where the goods will be received.
We would also like to inform you that products and deliveries over the border can be opened and inspected by customs authorities.
6) GUARANTEE ON PRODUCTS SOLD AND LIMITS TO RESPONSIBILITY
The guarantee system applied to products sold by Italianshoes.com is the one typically reserved for the “consumer”, hence you benefit from the legal conformity guarantee.
The Legal Guarantee – which we must satisfy – guarantees the goods against non conformity with the sales agreement.
In compliance with laws in force, if the Legal Guarantee is applicable, you have the right, at no expense, for the goods to be made compliant through repairs or replacement; or, if that should not be possible, to a reduction in the purchase price or the agreement being terminated.
Italianshoes.com only responds for any non-conformities if they should appear within two years from when the product is delivered. However, you are obliged to report the non-conformity within two months of discovering it.
If you discover a non-conformity on goods purchased on the website during the Legal Guarantee validity period, please contact our customer service.
Within limits established by law, we decline any liability if the product delivered does not comply with the legislation of the country delivered to that is not Italy.
We will also not be responsible for any non substantial differences between goods purchased and their pictures and the description published on our website.
With no prejudice to any wilful misconduct or serious blame, we are solely responsible for any direct defect, foreseeable when the sales agreement was finalised.
We will therefore not be responsible for any losses suffered, lack of earnings or any other damage that is not the immediate, direct consequence of our non compliance or was not foreseeable when this sales agreement was finalised.
7) LAW APPLICABLE AND JURISDICTION
These General Terms of Sale are regulated and must be interpreted pursuant to Italian laws referred to above.
You accept, and we in turn accept, to be subjected to the non exclusive jurisdiction of Italian Courts of Law.
As a consumer, the customer may take legal action before Italian Courts of Law pursuant to the consumer code, to promote a dispute related to these General Terms of Sale.
8) COMMUNICATIONS AND COMPLAINTS
All communications and any complaints from the customer related to purchase agreements must be communicated to the addresses indicated above using, where available, the specific forms present in the user’s personal reserved area or through a specific consumer statement.
9) PROCESSING OF PERSONAL DATA
Customer data is processed by F@ctory s.r.l. as data controller and website owner. F@ctory s.r.l. manages the website assisted by Everteam s.r.l. and Interconsult s.r.l. as data processors.
Data is collected and processed for order management and agreement finalisation purposes. Moreover, customer data is processed to manage payment operations and to deliver goods, as chosen by the customer.
The customer may, at any time, exercise the rights set forth in art. 7 of Italian Legislative Decree 196/2003 (privacy code) sending a specific request to F@ctory s.r.l. in the request form.
Further information can be found in the specific section – privacy information.
10) CHANGES TO THE GENERAL TERMS OF SALE
We reserve the right to modify the website, policies and these General Terms of Sale at any time to offer new products or comply with legal or regulatory provisions.
You will be subjected to policies and General Terms of Sale in force when you order the products from us, unless any changes to those policies and terms are requested by laws applicable or competent authorities (in that case, they will also be applied to any previous orders made by you).
If any provisions in these conditions should be deemed not valid, null or for any other reason not applicable, that condition will not prejudice the validity and effectiveness of the other provisions.