TERMS AND CONDITIONS
2. Scope of the Agreement
3. Methods and conditions for entering into the agreement
4. Entering into and effectiveness of the Agreement
6. Product availability
7. Limitation of liability
8. Liability for defects, proof of damage and damage reimbursement: the Supplier’s obligations.
9. Warranty and Support
10. Buyer’s obligations
11. Termination clause
12. Privacy Protection and Buyer’s personal data processing
13. Storage method
14. Notifications and claims
15. Copyright and Trademarks
16. Disputes and Court of Jurisdiction
17. Applicable Law
18. Final provisions
The Buyer expressly states to perform the purchase for purposes unrelated to his/her commercial or professional activity.
The goods subject matter of these general terms and conditions are made available for purchase by Calzaturificio Effegi di Croceri Luciana, located in Montegranaro (FM), in Via Fonte Pomarola 27, Postcode 63812, hereinafter referred to as the “Supplier”.
1 – Definitions
The term “online sales agreement” means the agreement governing the purchase and sale of the Supplier’s movable tangible goods, entered into by the Supplier and the Buyer as part of a remote sales system through telematic means set-up by the Supplier.
The term “Buyer” means the consumer, a natural person who performs the purchase according to this agreement, for purposes unrelated to his/her commercial or professional activity.
The term “Supplier” means the party specified in the epigraph.
2 – Scope of the Agreement
With this agreement, respectively, the Supplier sells and the Buyer buys remotely through telematic means the movable goods specified and offered for sale on the https://www.francogentili.it website, according to the terms and conditions specified below.
The products referred to in the previous point are shown in the E-Shop found on https://www.Francogentili.it
3 – Methods and conditions for entering into the agreement
The agreement between the Supplier and the Buyer is signed exclusively through the Internet when the Buyer enters the e-shop at the address https://www.francogentili.it where, following the specified procedures, the Buyer will finalise a proposal for purchasing the goods as referred to in point 1 of the previous article.
The following provisions govern the commercial relationships between the Supplier and the users of the e-shop http://www.Francogentili.it (hereinafter referred to as the “E-Shop”) residing in Italy (“Buyer”) for the purchase and sale of the products offered through the E-Shop (hereinafter referred to as the “Products”).
Any contractual conditions proposed by the buyer and as an exception to the provisions detailed below shall not apply, unless the supplier expressly accepted them in writing.
Pursuant to the following provisions, the supplier may only accept orders placed by buyers with residence and delivery address within Italy.
a) The description of the Products offered in the E-Shop is complete and exhaustive. Under no circumstance the Supplier shall be liable for any description of the products made public by its employees or agents or by third party resellers that differ from the ones provided.
b) The Supplier shall ensure that the E-Shop will continue to operate without interruption. Nonetheless, even when operating with utmost diligence, downtime cannot be excluded. The supplier reserves the right to change and interrupt the service at any time.
c) The information contained on this website is subject to change by the supplier and represent only general information to be used by the buyer.
e) Neither the supplier nor any third party guarantees the accuracy, completeness or updating of the information and material contained on the website. The buyer acknowledges and accepts that the information and material contained on this website may be affected by inaccuracies and/or errors and that, to the extent permitted by applicable law, any liability of the Supplier for such inaccuracies and/or errors is expressly excluded.
f) The buyer’s use of the information contained on the website is under the sole responsibility of the User and under no circumstance the buyer shall be liable for the use made by the buyer of such information. In addition, the buyer has the responsibility to verify that the services and products offered on the E-Shop meet the needs of the buyer, without the supplier being liable under any circumstance.
g) This website contains material that is owned by the supplier or that the supplier uses under a specific license. Such material includes, but is not limited to, the design, graphics and final appearance of the website and is protected by copyright and/or other intellectual property rights. Thus, reproduction of the website is forbidden.
h) The unauthorized use of this website may give rise to claims for damages and/or constitute a criminal offence.
i) This website may contain links to external sites. These links are provided solely for the benefit of the buyer with the goal of providing additional information. The supplier does not accept any liability for the content of the external websites linked to its site www….via links. The mere inclusion of links does not imply recognition or approval by the supplier of the linked sites or their contents, for which the operators of the linked sites are entirely responsible.
4 – Entering into and effectiveness of the Agreement
The mere use of the E-Shop by the buyer is not sufficient for the Franco gentil e purpose of entering into an agreement between the buyer and the supplier and therefore shall not give rise to any contractual or non-contractual claims against the supplier.
4.2 The buyer must register on the website to access the E-Shop, specifying a “user name” and a “password” (“Access Codes”). The registration of the buyer’s data takes place in order to allow the supplier to manage the purchase and sale procedure and related payment and it does not constitute a final contact.
In order to properly register, a “user name” and a password must be provided. Entering false and/or invented and/or imaginary data in the preliminary registration procedure for the use of the E-Shop is forbidden.
The buyer accepts the liability associated with any activity carried out, including by third parties, through the use of its Access Codes and has the obligation to promptly notify the supplier of any violation or misappropriation of its Access Codes by third parties.
The display of Products in the E-Shop does not constitute a contractual proposal of the supplier, but a mere invitation to issue a proposal.
The purchase order issued by the buyer by clicking on the “Buy now” button in the “Proceed to Checkout” (“Purchase Order”) constitutes a contractual purchasing proposal.
After receiving the Purchase Order from the User, the supplier will send an email notification to the address specified by the Buyer, confirming receipt of the Purchase Order and its related details (“Purchase Order Confirmation”).
Such Purchase Order Confirmation does not constitute acceptance of the Buyer’s Purchase Order, but is intended solely to inform the User that the supplier has correctly received the Purchase Order.
The sales contract between the buyer and the supplier is entered into only when the supplier informs the buyer by e-mail that the Purchase Order has been accepted and that the Product has been shipped (“Shipping Confirmation”).
The contract is not deemed entered into and in effect between the parties if the aforementioned conditions are not met.
5 – Prices
All sales prices of the products displayed and specified in the E-Shop are expressed in euros.
The sales prices, as referred to in the previous point, are inclusive of VAT and any other tax.
Shipping costs and any additional charges, if any, even if not included in the purchase price, shall be specified and calculated in the purchase procedure before the purchase order is submitted by the buyer and shall also be detailed in the web page summary of the purchase order submitted.
The prices specified for each of the goods are valid until the date specified in the catalogue.
6 – Product availability
Should an order exceed the quantity available in stock, the Supplier will inform the Buyer by e-mail on whether the goods can become available again or what the waiting time would be in order to obtain the requested goods, asking whether the Buyer wishes to confirm the purchase order submitted or to cancel it.
The Supplier’s computer system confirms the purchase order registration as soon as possible by sending the user an e-mail confirmation in accordance with point 4.2
7 – Limitation of liability
The Supplier does not accept any liability for any disservice attributable to force majeure, if the Supplier becomes unable to handle the purchase order within the time frames specified in the agreement.
The Supplier shall not be liable to the Buyer, except in cases of wilful misconduct or gross negligence, for any disservice or malfunctions connected with the use of the Internet beyond the control of the Supplier or its subcontractors.
Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of breach of contract for reasons not attributable to it, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.
The Supplier does not accept any liability for any fraudulent or illegal use by third parties of credit cards and other means of payment, upon payment of the products purchased, if it proves to have taken all possible precautions based on the best technical knowledge and experience available at the time and to have applied appropriate due diligence.
8 – Liability for defects, proof of damage and damage reimbursement: the Supplier’s obligations.
Pursuant to articles 114 et seq. of the Consumer Code, the Supplier is liable for damages caused by defects in the goods sold if it fails to inform the damaged party, within three months of the request, regarding the identity and address of the manufacturer or the person that supplied the goods.
The above request, by the damaged party, must be made in writing and must specify the product that caused the damage, the place and date of purchase, and it must also make available the product for viewing through the appropriate section on the E-Shop (“Claim Form”) specifying the defects.
The disputed Product must be returned together with a printed version of the Claim Form.
The Supplier shall not be held liable for the consequences deriving from a defective product if the defect is due to product conformity, a mandatory legal obligation or a binding measure, or if the state of scientific and technical knowledge at the time of manufacturing allowed the product to be placed on the market without deeming it defective.
The supplier shall not be liable for Product defects that have been caused by the deliveries performed by third parties.
The supplier shall not be liable for damages resulting from improper use of the Product, its alteration, or normal wear and tear or negligence in the care of the Product.
No compensation shall be due if the damaged party has been aware of the product defect and of the hazard that arose from it and has nevertheless voluntarily chosen to accept such risk.
In any case the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
The damaged party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of property other than the defective product, provided that it is of a kind typically intended for private use or consumption and thus mainly used by the damaged party.
Damage to property as referred to in Article 123 of the Consumer Code will, however, be compensated only to the extent that it exceeds the amount of three hundred and eighty-seven euros (387 euros).
9 – Warranty and Support
The Supplier shall be liable for any lack of conformity that may arise within two years of delivery of the goods.
For the purpose of this contract, consumer goods shall be deemed in conformity with the agreement if, where relevant, the following circumstances coexist: (a) they are suitable for the use for which goods of the same type are normally intended; (b) they comply with the description provided by the seller; (c) they have the quality and performance normally expected for goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, the public statements made by the seller on the specific characteristics of said goods, in particular in advertising or on the labelling.
The Buyer shall forfeit all rights if it fails to notify the seller of the lack of conformity within a period of two months from the date in which the defect was discovered.
Filing of a claim is not necessary if the seller has recognised the existence of said defect or has concealed it.
In any case, unless there is proof to the contrary, defects in conformity that become apparent within six months of delivery of the goods shall be assumed to have already existed on that date, unless this assumption is incompatible with the nature of the goods or with the lack of conformity.
In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions specified below, repair or replacement of the goods purchased, a discount on the purchase price or termination of this contract, unless the request cannot be objectively met or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
The request must be sent in writing, by registered letter with return receipt or by certified e-mail to the Supplier, who shall state its willingness to process the request, or the reasons that prevent it from doing so, within seven business days from the receipt.
In the same notification, if the Supplier has accepted the Buyer’s request, it must specify the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Buyer, the latter may request, at its option, a reasonable price discount or termination of the agreement.
In this case, the Buyer must send its request to the Supplier, who shall specify its willingness to process said request, or the reasons that prevent it from doing so, within seven business days from the receipt.
In the same notification, if the Supplier has accepted the Buyer’s request, it must specify the price discount proposed or how to return the defective goods. In such cases, it will be the Buyer’s responsibility to specify the methods for crediting the amount previously paid to the Supplier.
10 – Buyer’s obligations
The Buyer undertakes to pay the price of the goods purchased in the time and manner specified in the agreement.
Once the online purchase procedure has been completed, the Buyer undertakes to print and store a copy of this agreement.
The information contained in this agreement has, however, already been viewed and accepted by the Buyer, that acknowledges it, as this step is made mandatory before the purchase confirmation.
11 – Termination clause
The obligations referred to in point 12.1, undertaken by the Buyer, as well as the guarantee of successful completion of the payment that the Buyer makes with the means referred to in art. 5.1, and also the accurate fulfilment of the obligations undertaken by the Supplier in point 6, are essential, so that by express agreement, a breach of even just one of these obligations, where not due to an accidental event or force majeure, will result in the termination of the agreement by right under art. 1456 of the civil code without need for any court ruling.
12 – Privacy Protection and Buyer’s personal data processing
All personal and fiscal data acquired directly and/or through third parties by the Supplier, acting as the data controller, are collected and processed through paper, IT and telematic means based on the processing methods, with the purpose of recording the purchase order and to implement the procedures necessary to execute this agreement and related notifications, in addition to fulfil any legal obligations, as well as to allow the effective management of the commercial relationship to the extent necessary to provide the requested service at its best (art. 24, paragraph 1, letter b), Legislative Decree 196/2003).
In addition, the data processing has the purpose of managing the company mailing list as well as submitting information and promotional material concerning new products and/or services.
The data are recorded on the server of company in charge as a Data Controller. These data are used for specific, explicit and legitimate purposes, collected and processed in a lawful and fair manner.
Any civil and criminal liability for false and/or misleading information and/or information that is different from the truth is entirely borne by the party providing it and no liability can therefore be attributed to the supplier.
The Supplier undertakes to process in full confidentiality the data and information sent by the Buyer and not to disclose them to unauthorised persons.
Such data may only be disclosed on request of the judicial authorities or other authorities authorised by law.
The personal data shall be disclosed after signing a specific confidentiality agreement, only to the parties authorised to perform the activities necessary to implement the agreement and will be communicated exclusively for that purpose. In any case, the data provided by the buyer may be disclosed to third parties (companies and/or individuals) performing activities related to and instrumental to the provision of the services provided by the supplier.
The Buyer is entitled to the rights established by art. 7 of Legislative Decree 196/2003, and specifically the right to obtain:
a) the updating, rectification or, if interested, integration of the data;
b) the erasure, conversion into anonymous form or blocking of data processed in violation of the law, including the data for which storing is not required in relation to the purposes for which the data have been collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) were notified, also with regard to their content, to the parties to which the data were disclosed or disseminated, unless this proves to be impossible or involves a manifestly disproportionate effort compared with the right to be protected. Furthermore, the data subject shall have the right to object in whole or in part, for legitimate reasons, to the processing of personal data concerning him/her even if pertinent to the purpose of collection, and the processing of personal data concerning him/her for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication;
The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this agreement. Failure of the Buyer to provide the data will make it impossible to process the Buyer’s request .
In any case, the data acquired will be stored for a period of time not exceeding the time necessary for the purposes for which they were collected or subsequently processed. Their erasure will take place securely at all times.
The data controller is the Supplier, to whom the Buyer may direct any inquiry addressing it to the company headquarters.
Any communication sent to the Supplier’s e-mail address (including e-mail addresses) (requests, suggestions, ideas, information, materials, etc.) shall not be deemed confidential information or data, shall not breach the rights of others and shall contain valid information not harmful to the rights of others and shall be true; in any case, the Supplier shall not be held liable for the content of the messages.
13 – Storage method
Pursuant to art. 12 of Legislative Decree No. 58/1998 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier’s premises, according to criteria of confidentiality and security.
14 – Notifications and claims
Written notifications to the Supplier and any claims shall only be deemed valid if sent by e-mail to the following address email@example.com
The Buyer shall indicate on the registration form its residence or domicile, telephone number or e-mail address to which the Supplier shall send the notifications.
15 – Copyright and Trademarks
All contents published on http//www.francogentili.it including texts, documents, logos, images, graphic design elements, videos, their arrangement and adaptations are subject to intellectual property laws and protected by copyright. Copying, altering, translating, distributing, using, storing, publishing on other sites is not permitted without the prior written consent of the supplier. Any contents and contributions made by third parties are marked as such.
Downloading, viewing and printing the contents of this website is permitted only for personal use and and the user cannot exercise any right or claim on such material.
16 – Disputes and Court of Jurisdiction
All disputes arising from this agreement shall be filed at the ordinary Courts. The court of jurisdiction for the settlement and resolution of any dispute is the place of residence or domicile of the consumer, mandatory under Article. 33, paragraph 2, letter u) of the Consumer Code.
However, if the buyer, despite its statements during the ordering process, is not resident in Italy or if, after the termination of the agreement, moves its residence outside Italy, or if at the time of filing of the legal action against the supplier, the exact residence is unknown, the court of jurisdiction for any dispute arising from or in connection with this agreement shall be…
17 – Applicable Law
This contract is governed by Italian law, including the Consumer Code and the E-Commerce regulations established by Legislative Decree No. 70 dated 9 April 2003.
18 – Final provisions
Without prejudice to the limits established by law, any claim of the buyer due to contractual breaches and/or other breach of obligations by the supplier is excluded in the event of force majeure such as, by way of example but not limited to, mobilization, war, riots and similar events such as fire, accidents, strike, blockage or export restrictions or other events in any case not attributable to the supplier.
The failure by the supplier to exercise its rights under this agreement does not imply a waiver of such rights and does not affect the right of the supplier to exercise such rights subsequently.
The buyer is therefore not exempted from its commitments to fulfil its obligations pursuant to this agreement on time and in full.
The invalidity or ineffectiveness of any of these clauses shall not result in the invalidity or ineffectiveness of this agreement as a whole, which shall therefore continue to be fully effective and binding. The parties undertake to negotiate in good faith and to replace any void or ineffective clauses with those that are not affected by the invalidity or ineffectiveness and whose content complies with the law.
Amendments and integrations to this agreement must be made in writing. All notifications and statements concerning this contractual relationship must be made in writing and sent to the address of the supplier as specified above and to the address of the buyer as specified in the delivery address for the Products.
This agreement voids and replaces any previous agreement, understanding, negotiation, written or verbal, between the parties concerning the subject matter of this agreement.