Terms and conditions of the service
Identification of the supplier
The assets subject to these General Conditions are placed for sale by the Shoelosophy company of Scarigna Francesco based in Martina Franca (TA) at Corso Italia n. 28, registered at the Taranto Chamber of Commerce on n. TA - 167860 of the Business Register, Tax Code SCTFNC84A15C741M, VAT number 02756350738. Here is indicated as "Supplier".
Art. 1
Definitions
1.1. With the expression "online sales contract", we mean the purchase and sale contract relating to the supplier material movable property, stipulated between these and the customer as part of a remote sales system through electronic tools, organized by the supplier. 1.2. The expression "customer" means the consumer natural person who makes the purchase, referred to in this contract, for purposes not referable to the commercial or professional activity that may be carried out. 1.3. The expression "supplier" means the subject indicated in the epigraph.
Art. 2
Object of the contract
2.1. With this contract, respectively, the supplier sells and the Customer acquires distance through telematic tools the material movable property indicated and offered for sale on the website www.shoelosophy.it.
Art. 3
Method of stipulating the contract
3.1. The contract between the supplier and the customer ends exclusively through the Internet by means of the customer's access to 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.
Art. 4
Conclusion and effectiveness of the contract
4.1. The purchase contract ends by means of the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online, always after viewing a web page to summarize the order, printable, in which the details of the deleted and ordination, the price of the goods purchased, the shipping costs and any further ancillary charges, methods and terms of payment, the address where the asset will be delivered, the time of the delivery and the existence of the right of the right are reported. of withdrawal.
4.2. When the supplier receives the ordination from the Customer, it has a confirmation e-mail or displaying a web page of confirmation and summary of the order, printable, in which the data referred to in the previous point are also reported.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
Art. 5
Payment and reimbursement methods
5.1. Each payment by the Customer can only be made by means of one of the methods indicated in the appropriate web page by the supplier.
5.2. Any reimbursement to the Customer will be credited through one of the methods proposed by the supplier and chosen by the Customer, in a timely manner and, in the event of exercising the right of withdrawal, as regulated by art. 11 of this contract, at the latest within 30 days from the date on which the supplier learned of the withdrawal itself.
5.3. All communications relating to payments take place on a special line of the supplier protected by encryption system. The supplier guarantees the memorization of this information with a further level of encryption and in accordance with the provisions of the current discipline on the protection of personal data.
Art. 6
Times and methods of delivery
6.1. The supplier will deliver the selected and orderly products, in the manner chosen by the customer or indicated on the website at the time of the offer of the property, 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 the confirmation of the same. In the event that the supplier is not able to make the shipment within this term, timely notice will be given by e-mail to the customer.
6.3. The methods, times and shipping costs are clearly indicated and well highlighted at www.shoelosophy.it.
Art. 7
Prices
7.1. All sales prices of the products on display and indicated within 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 tax. Shipping costs and any ancillary 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 order of the order by the buyer and also contained on the web page to summarize the order made.
7.3. The supplier reserves the right to modify the price of the goods on sale on its online site without any notice, or shipping rates; However, any change will not apply to the orders already concluded.
Art. 8
Availability of products
8.1. The supplier ensures through the electronic system used the processing and evasion of orders without delay. To this end, it indicates in real time, in its electronic catalog, the number of products available and those not available, as well as shipping times.
8.2. If an order should exceed the quantity existing in the warehouse, the supplier, by e-mail, will make known to the customer if the asset is no longer bookable or what are the waiting times to obtain the chosen asset, asking if he intends to confirm the order or not.
8.3. The supplier's IT system confirms the order registration of the order in the shortest possible time by submitting the User a confirmation by e -mail, pursuant to point 4.2.
Art. 9
Liability limitations
9.1. The supplier assumes no responsibility for disservices attributable due to force majeure if he cannot execute the order within the times provided for in the contract.
9.2. The supplier cannot be held responsible for the customer, except for the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet network outside the control of his own or his subcontractors.
9.3. The supplier will also not be responsible for damages, losses and costs suffered by the customer following the failure to carry out the contract for reasons not attributable to him, having the customer right only to the full refund of the price paid and any supported ancillary charges.
9.4. The Supplier assumes no responsibility for the possible fraudulent and illegal use that can be made by third parties, credit cards, checks and other means of payment, for the payment of the products purchased, if you show that you have adopted all possible cautions based on the best science and experience of the moment and based on the ordinary diligence.
9.5. In no case can the customer be held responsible for delays or misunderstandings in the payment if he shows that he has made the payment himself in the times and ways indicated by the supplier.
Art. 10
Customer obligations
10.1. The customer undertakes to pay the price of the property purchased in the times and ways indicated by the contract.
10.2. The customer undertakes, once the online purchase procedure is completed, to provide for the press and conservation of this contract.
10.3. The information contained in this contract was, however, already viewed and accepted by the Customer, which acknowledges it, as this step is made mandatory before the purchase confirmation.
Art. 11
Right of withdrawal
11.1. In any case, the customer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the deadline of 14 (fourteen) working days, starting from the day of the reception of the purchased asset.
11.2. In the event that the professional has not satisfied the information obligations on existence, methods and times of return or withdrawal of the asset in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for the exercise of the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of the receipt of the goods by the consumer.
11.3. If the buyer decides to make use of the right of withdrawal, he must communicate to the seller by registered letter with return receipt. At the address: Shoelosophy of Scarigna Francesco, Corso Italia 28, 74015 Martina Franca (TA) or by e-mail to the e-mail info@shoelosophy.it within 14 days following the reception of the goods. The stamp affixed to the post office on the receipt issued will be faithful between the parties. For the purposes of exercising the right of withdrawal, sending the communication can validly be replaced by the return of the purchased asset, provided that in the same terms. The delivery date to the post office or the shipper will be faithful between the parties.
11.4. The return of the property must however take place at the latest within 30 (thirty) days from the date of receipt of the property itself. In any case, to have the right to the full reimbursement of the paid price, the asset must be returned intact and, in any case, in the normal state of conservation.
11.5. The only expenses due by the Customer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the asset to the supplier.
11.6. The supplier will refund the entire amount paid by the buyer within 30 (thirty) days from receipt of the communication of withdrawal.
11.7 with the receipt of the communication with which the Customer communicates the exercise of the right of withdrawal, the parties of this contract are dissolved by the mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 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 good end 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, so that, for express agreement, the failure to fulfill only one of these obligations, where not determined by the fortuitous case, will entail the resolution of the contract. 1456 of the Italian Civil Code, without the need for judicial ruling.
Art. 13
Protection of confidentiality and processing of the buyer's 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 referred to in Legislative Decree 30 June 2003, n. 196.
13.2. The personal data and tax data acquired directly and/or through third parties by the SHOELOSPHY supplier of Scarigna Francesco, owner of the treatment, are collected and treated in paper, computer, electronic, in relation to the methods of treatment with the aim of registering the order and activating the procedures for the execution of this contract and the related necessary communications against him, in addition to the fulfillment of any legal obligations, as well as to allow effective management. of commercial relations to the extent necessary to better carry out the requested service (art. 24, paragraph 1, lett. B, Legislative Decree 196/2003).
13.3. The supplier undertakes to deal with confidentiality the data and information transmitted by the Customer and not to reveal them to unauthorized people, nor to use them for purposes other than those for whom they have been collected or transmit them to third parties. These data may only be exhibited at the request of the judicial authority or of other authorized authorities by authorized law.
13.4. Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to the performance of the activities necessary for the execution of the contract entered into and communicated exclusively in the context of this purpose.
13.5 The Customer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely of the right to obtain: a) the update, rectification or, when it has an interest, the integration of data; b) the cancellation, the transformation into anonymous form or the blocking of data processed in violation of the law, including those of which retention is not necessary in relation to the purposes for which the data were collected or subsequently processed; c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except for the case in which this fulfillment proves to be impossible or entails a use of means manifestly disproportionate to the protected law. The interested party also has the right to oppose, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if relevant to the purpose of the collection; ii) the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
13.6. The communication of their personal data by the Customer is a necessary condition for the correct and timely execution of this contract. Different, it cannot be given to the demand of the buyer himself.
13.7. In any case, the acquired data will be stored for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently treated. 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 will be able to direct, at the company headquarters, every request.
13.9. Everything to be received by the center (also electronic) address of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered information or confidential data, will not have to violate the rights of others and will have to contain valid information, not read in other people's rights and truthful, in any case it cannot be attributed to the center of the liability on the content of the messages themselves
Art. 14
Methods 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 kept in digital form on the supplier's server according to criteria of confidentiality and safety.
Art. 15
Communications and complaints
15.1. Written communications directed to the supplier and any complaints will be considered valid only where sent to the following address: Shoelosophy of Scarigna Francesco, Corso Italia 28, 74015 Martina Franca (TA) or sent by e-mail to the following address: info@shoelosophy.it. The buyer indicates his residence or domicile in the registration form, the telephone number or the e -mail address to which the supplier communications are sent.
Art. 16
Intellectual property rights
16.1 brands, logos and other distinctive signs of various kinds published on the website at the address Shoelosophy.it belong to their respective owners.
16.2 The use of logos brands and other distinctive signs by unauthorized third parties is prohibited.
16.3 The photographic material, texts and graphics on the website are owned by the supplier and can exclusively be used by them.
16.4 The Customer can print or download extracts from the 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 preventive authorization of the supplier.
Art. 17
Composition of disputes
17.1. All disputes born from this contract will be referred to the Taranto Chamber of Commerce and resolved according to the conciliation regulation adopted by it.
17.2. If the parties intend to be the ordinary judicial authority, the competent hole is that of the place of residence or elective domicile of the consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.
Art. 18
Applicable law and postponement
18.1. This contract is regulated by Italian law.
18.2. Although not expressly ordered here, the legal rules applicable to the relationships and cases provided for in this contract are valid, and in particular art. 5 of the Rome Convention of 1980.
18.3. Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, CAPO I of Legislative Decree 206/2005 is expressly referred to
Art. 19
Final clause
This contract repeals and replaces any agreement, agreement, negotiation, written or oral, intervening previously between the parties and concerning the object of this contract.