Terms and conditions of the service
Supplier Identification
The goods covered by these general conditions are offered for sale by the SHOELOSOPHY company of Scatigna Francesco with headquarters in Martina Franca (TA) at Corso Italia n. 28, registered with the Taranto Chamber of Commerce at no. TA - 167860 of the Company Register, tax code SCTFNC84A15C741M, VAT number 02756350738. hereinafter referred to as "Supplier".
Article 1
Definitions
1.1. The expression "online sales contract" means the purchase and sale contract relating to the Supplier's tangible movable assets, stipulated between them and the Customer as part of a remote sales system using telematic tools, organized by the Supplier. 1.2. The expression "Customer" means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. 1.3. The expression "Supplier" means the subject indicated in the epigraph.
Article 2
Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Customer purchases remotely via telematic tools the tangible movable goods indicated and offered for sale on the website www.shoelosophy.it.
Article 3
Method of stipulation of the contract
3.1. The contract between the Supplier and the Customer is concluded exclusively through the Internet by accessing the Customer at the address www.shoelosophy.it, where, following the procedures indicated, the Customer will formalize the proposal for the purchase of the goods referred to in point 2.1 of the previous article.
Article 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the exact completion of the request form and the consent to the purchase expressed through the subscription sent online, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the goods purchased, the shipping costs and any additional additional charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Customer, it sends a confirmation email or displays a printable web page confirming and summarizing the order, which also contains the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
Article 5
Payment and refund methods
5.1. Each payment by the Customer can only be made by means of one of the methods indicated on the specific web page by the Supplier.
5.2. Any refund to the Customer will be credited using one of the methods proposed by the Supplier and chosen by the Customer, in a timely manner and, in case of exercise of the right of withdrawal, as regulated by the art. 11 of this contract, at most within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a special Supplier line protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Article 6
Delivery times and methods
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Customer or indicated on the website at the time of offering the goods, as confirmed in the e-mail referred to in point 4.2.
6.2. Shipping times may vary from the day of the order to a maximum of 2 working days from confirmation of the order. In the event that the Supplier is not able to ship within said deadline, prompt notice will be given via e-mail to the Customer.
6.3. Shipping methods, times and costs are clearly indicated and well highlighted at www.shoelosophy.it.
Article 7
Prices
7.1. All sales prices of the products displayed and indicated on the website www.shoelosophy.it are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The sales prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser submits the order and also contained in the web page summarizing the order placed.
7.3. The Supplier reserves the right to change the price of the goods for sale on its online site, or the shipping rates, without notice; however, any possible modification will not apply to orders already concluded.
Article 8
Product availability
8.1. The Supplier ensures the processing and fulfillment of orders without delay via the electronic system used. To this end, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as shipping times.
8.2. If an order exceeds the existing quantity in the warehouse, the Supplier will inform the Customer via e-mail whether the good can no longer be booked or what the waiting times are to obtain the chosen good, asking whether he intends to confirm the order or not.
8.3. The Supplier's IT system confirms the registration of the order as soon as possible by sending the User a confirmation by email, pursuant to point 4.2.
Article 9
Limitations of Liability
9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it is unable to execute the order within the times established by the contract.
9.2. The Supplier cannot be held responsible towards the Customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its subcontractors.
9.3. Furthermore, the Supplier will not be responsible for damages, losses and costs suffered by the Customer following failure to execute the contract for reasons not attributable to him, the Customer having the right only to a full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the purchased products, if it demonstrates that it has adopted all possible precautions based on the best science and experience at the time and on the basis of ordinary diligence.
9.5. In no case can the Customer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Supplier.
Article 10
Customer Obligations
10.1. The Customer undertakes to pay the price of the goods purchased within the times and methods indicated in the contract.
10.2. The Customer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
10.3. The information contained in this contract has, moreover, already been viewed and accepted by the Customer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Article 11
Right of withdrawal
11.1. In any case, the Customer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
11.2. In the event that the professional has not satisfied the information obligations on the existence, methods and times of return or collection of the goods in case of exercise of the right of withdrawal referred to in the art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.
11.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered mail. to the address: Shoelosophy di Scatigna Francesco, Corso Italia 28, 74015 Martina Franca (TA) or by email to the email info@shoelosophy.it within 14 days of receiving the goods. The stamp affixed by the post office on the receipt issued will be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided within the same terms. The date of delivery to the post office or courier will prevail between the Parties.
11.4. The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the goods themselves. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
11.5. The only costs payable by the Customer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
11.6. The Supplier will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receiving the notice of withdrawal.
11.7 Upon receipt of the communication with which the Customer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Article 12
Causes of resolution
12.1. The obligations referred to in point 12.1, assumed by the Customer, as well as the guarantee of the successful completion of the payment that the Customer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential in nature, so that, by express agreement, the failure to fulfill just one of these obligations, if not determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
Article 13
Protection of confidentiality and processing of Buyer data
13.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003. 196.
13.2. The personal and fiscal data acquired directly and/or through third parties by the Shoelosphy Supplier of Scatigna Francesco, data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods with the aim of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service. (art. 24, paragraph 1, letter b, Legislative Decree 196/2003).
13.3. The Supplier undertakes to treat the data and information transmitted by the Customer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law.
13.4. Personal data will be communicated, after signing a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.
13.5 The Customer enjoys the rights referred to in the art. 7 of Legislative Decree 196/2003, namely the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed; c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purposes of sending advertising or direct sales material or for carrying out market research or commercial communication.
13.6. The communication of personal data by the Customer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer's request cannot be processed.
13.7. In any case, the acquired data will be kept for a period of time no longer than is necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
13.8. The owner of the collection and processing of personal data is the Supplier, to whom the Customer can address any request at the company headquarters.
13.9. Anything sent to the email address (including electronic) of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful. In any case, no responsibility can be attributed to the Center for the content of the messages themselves
Article 14
Method of archiving the contract
14.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Customer that each order sent is stored in digital form on the Supplier's server according to confidentiality and security criteria.
Article 15
Communications and complaints
15.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Shoelosophy di Scatigna Francesco, Corso Italia 28, 74015 Martina Franca (TA) or sent via e-mail to the following address: info@shoelosophy.it. The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
Article 16
Intellectual property rights
16.1 Trademarks, logos and other distinctive signs of various kinds published on the website at shoelosophy.it belong to their respective owners.
16.2 The use of trademarks, logos and other distinctive signs by unauthorized third parties is prohibited.
16.3 The photographic material, texts and graphics on the website are the property of the Supplier and can only be used by them.
16.4 The Customer may print or download extracts from web pages or photographs on the site only to the extent necessary for the transmission of an online order, and in any case, with the exclusion of any use for commercial purposes without having obtained the prior authorization of the Supplier.
Article 17
Dispute settlement
17.1. All disputes arising from this contract will be referred to the Taranto Chamber of Commerce and resolved according to the Conciliation Regulations adopted by it.
17.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, letter. u) of Legislative Decree 206/2005.
Article 18
Applicable law and referral
18.1. This contract is governed by Italian law.
18.2. Although not expressly provided herein, the legal provisions applicable to the relationships and cases envisaged in this contract apply, and in particular the art. 5 of the Rome Convention of 1980.
18.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here
Article 19
Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the Parties and concerning the object of this contract.