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Terms and Conditions of Sale

 

General Terms and Conditions of Sale

 

The offer and sale of products made via the internet site www.calzitaly.co.uk are regulated by the present General Terms and Conditions of Sale.  For any other information please consult the following sections: Legal Information, Data Protection.  Before submitting an order, the Customer is obliged to read the General Terms and Conditions of Sale very carefully.   The submission of the purchase order by the Customer implies the complete understanding and acceptance of these general sales conditions as well as all information provided in the Purchase Order Form.  Once the online procedure is concluded, the Customer is obliged to print and keep these General Terms and Conditions of Sale as well as the pertinent order form.

 

1. Objectives

 

1.1    The objective of the present General Terms and Conditions of Sale is the online sale of products through the electronic commerce service provided by the website www.calzitaly.co.uk.  Given the high number of products available, the main characteristics and prices of each one (including any eventual additional costs) are very clearly indicated directly on the site.

1.2    The products sold through the website can be acquired and delivered exclusively to the countries indicated on the Purchase Order Form.  Any eventual order made from countries not indicated will automatically be declined during the process of elaboration of the order.

 

2. Subjects

 

2.1 The Calzitaly® (registered trademark) products are sold directly by the company CALZIFICIO SCHINELLI SRL.  With legal and administrative headquarters in Via Svezia,14 46042 Castel Goffredo (Mn) , Italia,  registration number at the Registrar of Enterprises of Mantova  n. 221256, Fiscal Code and VAT number IT02064780204 ( hebceforth Calzitaly or Seller).

 

For any queries please contact Calzitaly’s e-Commerce office

By email on: info@calzitaly.co.uk

By telephone at the following number: +39 0376770354

By post at the following address:

 

Ufficio e-Commerce

 Calzificio Schinelli Srl

 Via Svezia,14

 46042 Castel Goffredo, Mantova Italy

 

 

2.2 The present General Terms and Conditions of Sale govern the offer, the submission and the acceptance of the purchase order of products from the site www.calzitaly.co.uk and do not, on the other hand, govern the supply of services or the sale of products by subjects other than the Seller who may feature on the www.calzitaly.co.uk website via links, banners or other hyperlinks.  Before submitting a purchase order and acquiring products and services from subjects other than the Seller, we advise you to carefully check their sales conditions as the Seller is not responsible for the provision of services by third parties who are different to the Seller.

 

2.3 The products are sold to the Customer who is identified by the data inserted at the time of compilation and submission of the electronic order purchase form with contextual acceptance of these General Terms and Conditions of Sale

 

2.4 The products on the website www.calzitaly.co.uk can be sold only to adult (18 years and over) Customers.

 

2.5 The Customer is forbidden to insert false and/or invented and or imaginary names in the online order process and in all other correspondence.  The Seller reserves the right to legally pursue any violation or abuse, in the interests and protection of all consumers.

 

2.6 By accepting the Terms and Conditions of Sale, the Customer relieves the Seller from any responsibility or liability relating to the emission of erroneous fiscal documents due to errors made in the data entered into the online order, as the Customer has the sole responsibility for the correct insertion of data.

 

3. Sales through the e-commerce service

 

3.1 Online sales contract means a distance contract with the objective of selling consumer goods (henceforth Products) stipulated by the Customer and Calzitaly, as Seller, in the context of a commercial electronic service organised by the Seller, who, for this purpose, uses the distance communication technology known as Internet.

 

3.2 To conclude the purchase contract of one or more Products, it is necessary to fill in the electronic purchase order (henceforth Order) and transmit it to the Seller via Internet, following the pertinent instructions.

 

3.3 The Order includes:

Information, images of each product with its price

Payment methods applicable

Delivery details for purchased products and relative shipping costs and delivery times.

Confirmation of having read and accepted the General Terms and Conditions of Sale and relative link

Confirmation of having read and accepted the Privacy Policy and relative link

 

3.4 Although Calzitaly constantly adopts measures to ensure that the photographs displayed on the Site are faithful reproductions of the original products, including the adoption of every technological solution possible to minimise inaccuracies, some variations are possible due to technical characteristics and characteristics of colour resolution available on the support used. Consequently, the Seller is not responsible for any inappropriate graphical representation of products displayed on the Site owing to the above technical reasons, given the purely illustrative function of these representations.

 

3.5 Before concluding the contract, the Customer is asked to confirm that ha has read the General Terms and Condition of Sale, the Data Protection and to subscribe to the newsletter database and approve the use of his data for commercial purposes.

 

3.6 The contract is concluded when the Seller receives, by Internet, the Purchase Order Form from the Customer, once the data provided for the Order has been checked and is confirmed correct.

 

3.7 The language available for concluding the contract with the Seller is Italian and the contract is governed and construed in accordance with Italian law.

 

3.8 Once the contract is concluded, the Seller shall process the order for dispatch.

 

4. Dispatch of the Order

 

4.1 By submitting your Order via the internet, the Customer unconditionally accepts and undertakes to observe the present General Terms and Conditions of Sale with the Seller.

 

4.2 Once the contract is concluded, the Seller will send the Customer an Order Confirmation by email, containing a summary of the information in the Order as described in sections 3.3,3.4 and 3.5

 

4.3 Before sending the Order Confirmation, the Seller has the right to ask the Customer any additional information pertinent to the Order sent, by email or with a telephone call to the number indicated by him.

 

4.4 The Seller has the right not to process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect. In these instances, the Seller will inform the Customer by email that the contract has not been executed and that the Seller has not carried out your order, specifying the reason why.  In this instance, the sum previously undertaken as payment by the Customer will be disengaged.

 

4.5 Should the products displayed on the website no longer be available for sale following the submission of the Order, the Seller will promptly and in any event inform the Customer of the unavailability of the ordered products, within thirty (30) working days from the day following the submission of the order to the Seller.  In this instance, the sum previously undertaken as payment by the Customer will be disengaged

 

4.6  The Seller undertakes to deliver the ordered products to the Customer no later than 30 days from the confirmation and conclusion of the contract.

 

4.7 Each sale made by the Seller through the online sales service can cover one or more products, with no limit to quantity for each item.

 

4.8 Calzitaly reserves the right to refuse orders from a Customer with whom there is an ongoing legal dispute relating to a prior order.  This applies equally to all cases in which Calzitaly considers the Customer as unsuitable, including, for example, any previous violations of the conditions of contract for online purchases from the Site or for any other legitimate reason, especially if the Customer has been involved in any kind of fraudulent activity.

 

5. Sales prices

 

5.1 Unless otherwise stated in writing, all Product prices and shipping and delivery costs indicated on the website and in the Order are to be considered as VAT inclusive (except out of EU zone) and are expressed in Euros.  The validity of the prices is always and only that which is indicated on the website at the moment of submission of the Order by Internet.  The prices of the Products and of shipping costs and delivery times may vary without notice.  The Seller asks the Customer to ensure understanding of the final sales price before submitting the pertinent Order.

 

5.2 All Products are shipped directly from Italy.  Product prices and shipping costs and delivery, indicated on the website or in the Order, unless otherwise stated, do not include any customs duties and related taxes not calculable in advance, when the shipment is made for countries outside the EU or in countries where the governing legislation demands import duties.  In case of non-payment of import taxes/customs duties by the Customer, the Seller is relieved from any liability or reimbursement.

 

6. Payment

 

In order to make the payment for the Products, to cover the relative shipping and delivery costs, the Customer can follow one of the payment methods indicated in the purchase order form on the site www.calzitaly.co.uk and which are summarised below. In any case, payment must be made within 7 calendar days after confirmation of the Order.  After this date the Order will be cancelled.

 

6.1 Credit cards and prepaid cards

 

6.1.1 Payment is accepted with both credit cards and prepaid cards (for example, PostePay), by PAYPAL with no additional expenses to the cost of the product or shipping costs.  It is understood that the order of the Products purchased online must be made by the cardholder and that the name that appears on the card must be the same as the billing name.  If these conditions cannot be met, it will not be possible to proceed with the shipment of the order.

 

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6.1.2 Upon recipt of the parcel, if for any reason the Customer intends to exercise the right to cancel, the Seller will instruct the bank or Paypal to credit the amount to be refunded directly to the Paypal or to the Customer’s bank account (if this is the case, should the Customer not provide the necessary details, the Seller will be exempt from any obligation)

 

6.1.3 Credit card details used for payment (for example, the card number or expiration date) shall be transmitted via a secure connection by the encrypted protocol navigation of the entity that manages the electronic payment (Paypal).  This information will not be kept in any information archive of the Seller.

 

6.1.4 Under no circumstances can the Seller therefore be held responsible for any eventual fraudulent or illegal use of credit cards or prepaid cards by third parties.

 

6.2  Bank Transfer

 

6.2.1 IBAN and SWIFT data will be displayed at the checkout (when the Customer confirms the order) as well as the bank details, necessary to the Customer in order to make the bank transfer..

 

7. Shipping and delivery of products

 

7.1 Each shipment contains:

The ordered product/s;

Any relative shipping documents/fiscal receipts;

Any eventual accompanying documents required by the country of the shipment;

Eventual informative and marketing material

 

7.2 The delivery of the Products acquired through the Seller’s website can take place in various ways:

  • Home / work addresses
  •  Poste Restante
  • Not available shipping:  to PO BOX or APO/FPO addresses

 

7.3 Delivery is made to the delivery address provided by the Customer, specified in the order.  Only for payments made by Paypal can the shipping address chosen by the Customer at the time of submitting the Paypal payment prevail as opposed to the address that appears in the account holder’s name or one eventually requested via email or specified in the Order Purchase form.

 

The delivery to the recipient’s home address requires a signature upon delivery of the recipient or of a person authorised to accept on his/her behalf.  In the case of non-delivery due to the absence of the recipient a first early warning is left by the courier (copy of the waybill) ; it will be up to the recipient to then contact the courier company as soon as possible to arrange home delivery or pick up at their offices.

 

 

7.3.1 With the Poste Restante delivery, it is possible to have the parcel sent to the local courier’s address. Should the recipient not pick up the parcel, it will be held free of charge for a set period specified by each courier company and then abandoned.

 

7.3.2 Upon receipt of goods, the Customer must verify that the goods are integral.  If there are any anomalies, it is responsibility of the receiver to point these out and ensure that the courier takes written notice and either refuse delivery or accept delivery and write “uninspected, pending acceptance” on the delivery signature documents before handing them back to the courier.  The receiver will otherwise forfeit the possibility to assert his rights with regards damage insurance, if it is specifically requested or included in the shipment.

 

7.4.Failure to collect, at the end of the free storage period (7 days) will result with the Customer being debited with the services of the Seller (opening of the account and the costs of storage with the shipper).

 

8. Cancellation rights

 

By implementing Directive 2011/83/EU on consumer rights, it is established that:

 

8.1  Only if the Customer who stipulates the contract is a Consumer (the meaning of this is any physical person acting on the site for purposes unrelated to business or professional activity), he will have the right to terminate the contract with the Seller, without facing any penalty and without having to justify the reason, communicating the fact to the Seller within fourteen (14) days from the date in which the Customer, or a third party designated by the Customer and different to the Shipper, physically takes possession of the goods.  The deadline is to be considered respected if the Customer sends the goods back within the 14 day deadline.  As required by current legislation, cancellation rights are not applicable in the case of products that have been in any way personalised at a specific request.

 

8.2 The Customer has the following options when exercising cancellation rights:

 

8.2.1 the Customer must send a clear declaration of intent to cancel the order, filling in the attached “withdrawal form” but not necessarily using this one, and sent by registered mail to the Seller.

 

8.3 the Customer must return the goods at his/her expense to the Seller, by trackable fast shipment within 14 days of the acquisition of the physical assets.

 

8.4 Cancellation rights are subject to the following conditions:

-        returned Products must be returned in integral condition and not in parts or components, even in the case of kits;

-        returned Products must not have been used, worn, washed or damaged,

-        products must be returned in their original packaging;

-        returned Products must be sent to the Seller in one sole shipment.  The Seller reserves the right not to accept Products from one single order that are returned and sent at different times;

-        returned Products must be consigned to the courier within fourteen (14) days from date on which you originally received them.

 

In the case of a Seller, when faced with the acquisition of a specific number of Products, offers the chance to buy them at a lower price than the price normally offered when purchased individually, (e.g. 5 for 4, 3 for 2 etc) cancellation rights may be also be exercised only with the return of some of the purchased products; in this case the price will be recalculated using as reference the price divided by the/single product/s.  In all other instances (e.g. combined sales, prizes, etc..) cancellation rights may be exercised only with the restitution of all the Products purchased, thus ruling out any partial exclusion.

 

8.5 If the Customer exercises the right to cancel the order, in accordance with the above conditions (section 8.4), the Seller is obliged to reimburse the amounts paid by the Customer within 14 days from receiving your decision to cancel, provided that the Seller has already received the returned goods or that the Seller receives the proof that the goods have been posted.  The Seller will use the same means of payment to provide credit as used for the initial payment transaction unless otherwise specified by both parts. By way purely of example, and certainly not exhaustive list, the terms of refund that can be used are the following: re-credit to your credit card or Paypal account, or bank transfer.

 

8.6 In the case of cancellation, the only expenses The Customer will incur are the back shipment costs for the withdrawal of the products purchased.  All other expenses shall be reimbursed  by the Seller.

 

9. Guarantee for non compliant items –Returned items

 

9.1  The Seller is responsible for any type of defects of products offered on the site, including the non conformity of the products ordered, in accordance with the provisions of Italian law.

 

9.2 If the customer has signed a contract as a Consumer (by this definition it is intended any natural person acting on the site for purposes unrelated to business or professional activity), this present warranty is valid provided that all the conditions mentioned below are met:

 

  1. the defect appears within 24 months of the delivery date of the products;
  2. the Customer formally presents a claim relating to the defects within 2           months of noting the defect;
  3. communication is made by email or registered post

 

9.3 In the case of non compliance, in particular, the Customer that has stipulated the contract as a Consumer has the right to obtain goods that are compliant, at no extra costs, through repair or replacement.

 

9.4  All costs of restitution for defective products are the responsibility of the Seller

 

10. Contacts

 

The e-Commerce team of Calzitaly is available for any possible queries and can be contacted at info@calzitaly.it or at the following address:

 

 Ufficio e-Commerce Calzitaly

Calzificio Schinelli srl

 Via Svezia, 14,46042

 Castel Goffredo Mn, Italia

 

11. Communication with the Customer

 

The Customer acknowledges, accepts and gives his consent to the fact that all communication, notifications, certificates, information, accounting and any documentation regarding executed transactions pertaining to the purchase of the Products will be sent to the email address indicated at the time of registration, with the possibility to download the information to a durable medium within the means and with the limits provided for in the Site.

 

 

12. Privacy

 

 

You can obtain information on how personal data are treated by accessing the Privacy Policy information page

 

13. Applicable law, dispute resolution procedures and competent courts

 

 

13.1 These General Terms and Conditions of Sale are governed by Italian law and will be interpreted according to it, subject to any contrary overriding mandatory rule of the country of habitual residence of the Customer.  Consequently, the interpretation, execution and resolution of the General Terms and Conditions of Sale are subject only to Italian law and eventual disputes relating to and/or arising from the same shall be resolved exclusively by the Italian courts. In particular, if the customer is the Consumer, all eventual disputes must be resolved by the courts of the place of his/her domicile or residence in accordance with the applicable law, or at the choice of the consumer, in the case of action started by the consumer him/herself, by the Courts of Mantova.  If the Customer is acting in the interests of his/her business, commercial, handicraft or professional capacities the parties consensually establish the exclusive jurisdiction of the Court of Mantova.

 

14. Amendments and Updates

 

The Seller may modify or amend these General Terms and Conditions of Sale at any time.  Therefore, the Customer that confirms the order is obliged to accept the General Terms and Conditions of Sale in force at the time of the relative purchase.  The new General Terms and Conditions of Sale shall be effective from the date of publication on the website www.calzitaly.co.uk and in relation to purchase orders submitted after that date.

 

WITHDRAWAL FORM

 

Consignee:

CALZITALY

Calzificio Schinelli

Via Svezia 14

46042- Castel Goffredo Mn

Italy

Tel: +39 0376 770354

Mob. +39 3347959399

 

— (Date)                    /          /

 

 

(NAME)_______________________________________________

 

(SURNAME)___________________________________________

 

I notify the cancellation of the order # n._____________ that consists of THIS/THESE items:

__________________________________________________________________________

__________________________________________________________________________

 

 

— Ordered on          /       /

— Received on          /       /      

 

— NAME

— ADDRESS

 

— TELEPHONE

 

— SIGNATURE

 

(only if sent by fax or registered mail)