Conditions of sale
1.1 The following General Terms & Conditions apply to Fabbrica dei Colli branded products (subsequently described as "products" or "item") available on the www.deicolli.it e-commerce website (subsequently described as "the site" or "website") to users identifiable as "Customers" as per article 1.2. The website is property of Calzaturifico dei Colli S.r.l. registered in Via XXIV Giugno 39, Solferino (MN), VAT number 00157830209, company Registration number MN 113124.
1.2 Any purchase via our website will involve two parties, Calzaturicio dei Colli as "us", the vendor, and the party who will purchase one or more items as the "Customer". Each party will thereon be addressed as "the party".
1.3 The actual owner of the company is not a binding party for these general Terms & Conditions but he owns the rights on the name and domain of our website, the logos and branding relative to the product sold on our website nontheless the copyrights on all contents.
1.4 Any communication from the Customer to "us", the vendor, whether it is relative to a purchase, or any comments, claims, queries, or deliveries and returns is to be sent to firstname.lastname@example.org as outlined on our website.
1.5 All purchases are subject to the Terms & Conditions published on our website at the time the prder is placed.
1.6 Sales via our website are intended as retail sales only for the solely use of the final user. If you are not the final user please do not place an order via this website. Should one or more orders be placed by a Customer who is not the final user of the product the following Terms & Conditions will apply:
- right of withdrawal, as per article 10, will not apply
- product warranty, as per article 8, will not apply
- final consumer's rights will not apply
- the contract will be regulated by Italian laws and the United Nations Convention on Contracts for the International Sale of Goods, Vienna convention of 1980, will not apply
1.7. When confirming the order the Customer agrees for the order confirmation and the Terms & Conditions are e-mailed to him at the address provided during registration with our website while placing the order.
1.8. Only 18 or over, with full capacity of their ability, can order via our website.
1.9. Any costs incurred by the Customer relatively to internet connection to the wedsite aand telephone calls are at the Customers' expense.
2. Product information and availability
2.1. The items sold comply with the descriptions appearing on our website and come under the general Terms & Conditions pubblished on our website at the moment the purchase is made. No other Terms & Conditions apply other than the ones on our website.
2.2. We reserve the right to change general Terms & Conditions at any time and at our own discretion without prior notice to users. Any amendments will be valid from the moment they are made and will apply only to subsequent orders placed.
2.3. We may sometimes change prices and/or descriptions of the items without prior notice to users. Before confirming the order at stage 3 please ensure you have checked the final price of the item.
2.4. Our website can be accessed worldwide. However, the products can be purchased solely by users who are resident in the countries listed on our website.
3. Sale terms and completion of a purchase order
3.1. The purpose of having our products on our website is to invite the Customer to place an order and it is an offer to the public.
3.2. The purchase orders placed by a Customer on the website is a pre-order and it is subject to our general Terms & Conditions which are an integral part of the actual order. Upon confirmation of the Customer automatically accepts in full our Terms & Conditions. Before confirming the order the Customer will be asked to carefully read the general Terms & Conditions and the cancellation policy. The Customer will be asked to print a copy of the same and to save them and kepp a copy them for his own records. The Customer will also be asked to check and confirms all personal details entered.
3.3. The order is considered confirmed once the vendor has sent, to the e-mail address provided by the Customer during registration on the website and placement of the order, a copy of the order itself. The e-mail will include a link to our Terms & Conditions, an order summary and description of the item/s purchased . The purchase order , the vendor order confirmation and our general Terms & Conditions will be electronically stored by the vendor and the Customer can request a copy at any time by sending an e-mail to email@example.com.
3.4. The purchase order is considered confirmed once the Customer has received the vendor's email with the order confirmation.
4. Selection and purchase of the products
4.1. To be able to order one or more items please select them and mov them to the Shopping Basket. Once the selection is complete, to be able to purchase the items added to the Shopping basket, the Customer will be asked (i) to register and provide some information by way of logging in. If the Customer is already registered (iii) with the website he will be asked to enter the information previously provided so the the order can be completed and finalized. Should the information entered be different from the information provided during the registration procedure the Customer will be asked to re-confirm some of the information entered (i.e. name, surname, etc.) as well as the delivery address, the invoicing address and, non compulsory, the telephone contact number which would be used with the sole purpose of updating the Customer on his order. A summary of the order will then be available for the Customer to check that all details are correct and make any necessary amendments before proceeding to check-out and after having checked and confirmed our Terms & Conditions. Once the order has been confirmed on the website it will automatically be sent to the seller and be subject to terms described in paragraph 3.2 of this document. The Customer will select a payment method from the ones listed. Payments via credit or debit card and via Paypal are done through a secure intenet connection channel. We reserve the right to check all data provided by the Customer. Should the payment be made via a credit card the amount will only be debited on the account once the Customer has received the order confirmation and not before.
4.2. Should the Customer realize, during the placement of the order described in point 4.1, that the nett price, after any discounts and/or promotions, of one or more items is lower then a reasonable price due to an obvious technical problem or mistake on the website please do not proceed to check out and advise our Customer Service immediately. Please see an e-mail to firstname.lastname@example.org.
4.3. Should the Customer incur in an obvious price error on the website where the nett price, after discounts/promotion, is lower than a reasonable standard price please note that:
- if the Customer has not receive the product(s) yet we will proceed to cancel the order which will therefore not be delivered. The Customer will receive an e-mail, at the address entered during registration, advising of the cancellation. We will also refund within 14 days the money paid by the Customer relatively to the cancelled order, including any delivery costs. Refunds will be credited back to the Customer's original payment method.
- if the Customer has received the item(s) he will advised promptly via e-mail about the mistake. The Customer will be offered 2 options: either (i) to pay within 5 days, the difference between the incorrect price on the order and the correct price for the item(s) using one of the payment methods listed on the website, or (ii) to cancel the order and return the item(s) to us within 4 days. To proceed with the cancellation please follow the instructions on the e-mail Transport cost will be at our cost. The item(s) is/are to be returned to Calzaturicio dei Colli Via XXIV Giugno 39, 46040 Solferino (MN) – Italy. The product is to be returned in an intact and saleable condition and must include any labels and/or hangtags which were originally attached, any instruction, disclamers, leaflets, the original shoebox and tissue paper inside the shoebox as well as the product warrantee. When returning the item please submit the return form, which we would have sent in the e-mail, filled in all its parts. Should the Customer decide to chose option b (ii) we will refund within 14 days from the cancellation all the money relative to the cancelled order, the delivery costs using the same original payment method used by the Customer when the order was placed.
5. Delivery and acceptance of the goods
5.1.The website shows availability of each product. We aim at delivering within 3 to 4 working days (Monday to Friday) from the order date. However, this information may vary and it is not binding. The order will be delivered by courier (PRISMA).
5.2 We endevour to do our best to deliver the order as quickly as possible and within a maximum of 30 days starting from the day after the order placement date. Should we be unable to despatch the order, due to the item(s) not being available even if only temporarily, we endevour to advise the Customer in writing and to refund in full the money paid for the item(s) not available, as per paragraph 5.3.
5.3 The Customer will select the preferred delivery option on the website when placing the order. The Customer is required to check promtly that the goods delivered correspond to the items ordered. In case of any discrepancies and or faults the Customer is to advise us as quickly as possible as stated in paragraph 8 of these T&Cs. Failure to do so will result in the delivery being fully accepted. Should the parcel be received damaged the Customer is required to refuse the delivery or to clearly state on the Delivery Note, duly signed, the faults/problem.
6. Prices, delivery charges, taxes and duties
6.1. Price for each item is the one that appears on the website when the order is placed. The price includes standard packaging, delivery costs, VAT (where applicable) and any duties (if applicable).
6.2. The Customer is to pay the whole Total Value of the order which appears on the order confirmation which we would have sent via e-mail.
6.3. If the delivery is to a non-European Union country please bear in mind that the Total Value shown on the order and on the order confirmation will include direct taxes but it will not not include duties nor any other taxes applicable on sales. If any tax or duties are due the Customer is liable for them entirely and he will epays these, as required by local legislation, in addtion to the amount quoted on the order and on the order confirmtion. We advise the Customer to check the latest applicable local requirements and legislations in his/her country of residence/delivery of the order before placing an order.
6.4. The Customer is liable for any additional costs, charge, tax or duty imposed by a given country to the price of the product shown on the wedsite.
6.5. The Customer agrees that no cancellation will be accepted by us due to the Customer not being aware of additional costs, charge, tax or duty mentioned in paragraphs 6.4 and 6.5 at the time the order is placed and he agrees that none of these additional costs are to be bourne by us.
7.1. Payment for the item(s) has to be submitted promptly at the time the order is placed, as detailed in point 7.2.
7.2. Payments can be made by credit card or Paypal. Terms & Conditions are as detailed below. We reserve the right to add additional payment methods to the website at any time.
7.3. Payments via credit cards will be re-directed to a secure website and data will be trasferred directly to SETEFI MonetaWeb, our online payments operator. Date will be transferred in a protected mode via a 128 bit SSL encrypted system (SecureSocketLayer). These data is not accessible to us either.
8. Manufacturing and defects warranty of the product, warranty cover
8.1. As per European Directive 44/99/CE and Italian legislation number 206/2005 (Consumption Regulations) we guarantee that our product is free from design and manufacturing defects and defects of materials. We guarantee that our products are true to the description published on the website. Our warranty is valid for a period of 2 years from the date of delivery of the product. The warranty is not valid on improper use of or washing/cleaning of the products where our recommendations and advice (on care cards, leaflets, hangtags, etc.) have not been followed.
8.2. The warranty on manufacting and design is only valid if faults and defects are advised within 14 days of receipt by way of e-mail to email@example.com. The e-mail should clearly state the defect/fault, include a photo of the product showing the problem, a copy of the order confirmation and the receipt.
8.3. After having received all the information details above we will evaluate the claim and, after having checked quality standards, we will advise via e-mail (to the address provided by the Customer at the time of registration to the site or during the order placement) ifif the goods can be returned. Authorization to return the goods does not in any way mean that the we confirm there is a fault or defect or non-compliance with the product. This will be established only once the goods have been received and checked. The goods are to be returned within 30 days from the date the claim has been submitted. The return confirmation should be returned as well with the goods in the same parcel to: Calzaturicio dei Colli S.r.l. Via XXIV Giugno 39, 46040 Solferino (MN) – Italy.
8.4. Should we confirm the refund the same will be made by the same payment method used by the Customer, if and when possible. Alternatively the money will be refunded via a bank transfer. The Customer should advise his/her bank details to enable us to proceed with refunding the money on the account.
9. Responsability on injuries caused by faulty products
9.1. European Legislation 85/374/CC and Italian legislation number 206/2005 (Consumption Regulations) apply in case of injuries caused by faulty products.
10. Withdrawal rights – Information sheet
10.1 The Customer can cancel the order, without any penalties, within 14 days from (i) the delivery of the goods or (ii), when more products have been delivered at different times, 14 days from the last delivery.
10.2 Cancellations have to be advised and requested in writing by sending an e-mail to firstname.lastname@example.org within the time of the acceptance terms detailed in point 10.1. The cancellation request should quote the order number and details of the product that the Customer wants to cancel.
10.3 Further to receipt of the cancellation request, outlined in point 10.2, the Customer will receive a confirmation e-mail with all the instruction on how to proceed to the return of the goods which are to be sent within the following 14 days to Calzaturicio dei Colli S.r.l. Via XXIV Giugno 39, 46040 Solferino (MN) – Italy.
10.4 If the product has been received the Customer is required to return it with no delay and within 14 days from the cancellation and all delivery cost will be at the Customer's expense.
10.5 In case of cancellation the Customer will be refunded the money paid with no delay and within 14 days from the cancellation date. Refund will be made by the same payment method used by the Customer to pay for the goods, unless the Customer requests for the refund to be made with a different payment method. Should this be the case the Customer will be liable for any additional costs. Refund can be put on hold until the goods have been returned to us or proof that the goods have been sent back is provided.
10.6 The Customer will be liable for a decrease in value of the product caused by any use of the product either than the one intented to establish the goods state, characteristics and performance of the product itself. Should we find that the returned goods are damaged (being worn, marked, scratched, scathed, deformed, etc.), have missing or damaged ornaments or accessories and should any of the additional material such as labels, hangtagds, carecards, disclaimers, leaflets, warranty provided in the original package be missing or damaged the costs of these will be deducted from the value of the product and the difference only will be refunded to the Customer. We therefore ask the Customer to handle the product with care and only if necessary to check that all the parts and elements are working and that the product in is good condition. We ask that the product is returned in the original packaging and that the same is wrapped in additional packaging to avoid damage to labels, prints, etc.
11. Intellectual copyrights
11.1. The Customer declares he/she is aware that Calzaturificio dei Colli has copyrights on all trademarks, names, logos, descriptions of the brand, images, photographs, written or printed text used on our website relatively to our product and he/she has not right or claims on any of the above following the purchase of a product.
11.2. No whole nor partial reproduction of any of the contents published on the website is allowed. Copy or transfer of contents in original or modified, regardless of the purpose, are not allowed unless authorized by Calzaturicio dei Colli.
12.2. The Customer declares that the information provided is true to his knowledge.
12.3. The Customer can, at any time, update and/or change his the personal information provided in the “My Account" section which can be accessed with username and password.
13.1. We do take every precaution and possible measure, to ensure that personal data is protected from fraud, falsification, manipulation and improper use by third parties however, we cannot guarantee that, after login by the user/Customer, the information is not visible or accesible to unathorized third parties.
13.2. All payments done through our website are processed via SETEFI Monetaweb which uses the highest, most secure, most protected technology available on the market to process data via the web.
14. Applicable laws, disputes and arbitration agency
14.1. All purchase orders between us and the Customers are regulated by these Terms & Conditions and according to Italian Laws. In particular legislation no. 206 dated 6th September 2005 on Consumption Policy whose Legislation no. 70 dated 9th April 2003 specifically regulates long distance e-commerce contracts. The Consumers rights in the country of residence of the Customer still apply.
14.2. In case of a dispute between us the and the Customer we will try to resolve the same amicably.
14.3. Should an amicable solution not be found the dispute will be submitted to an Arbitration Agency in the Country of residence of the Customer.
15. Our liability
15.1 In no instance is Calzaturicio dei Colli responsible for damage, direct or indirect, caused by use of the information shown on our website (www.deicolli.it). The information could be technically incorrect and show typing mistakes. This information can be changed and updated at any time and without prior notice. Some sections of our website (www.deicolli.it) can be improved, changed or deleted at any time without any notice.
15.2 Calzaturicio dei Colli cannot be held responsible for the use of the material present on the website and for which the Customer takes full responsibility in case of damage, direct or indirece, caused by the use of the information on the website and the website itself.
15.3 Calzaturicio is not to be held responsible for failure to log in on to the website or interruption of the connection. Calzaturicio dei Colli cannot be held responsabile for any damages caused by viruses that the Customer device might have got as a consequence of accessing the website or downloading its content.
15.4 Any links present on the website might re-direct the Customer to a different website. In any such cases Calzaturicio dei Colli cannot be held responsible neither with regard to the content of such other websites nor with regard to the use that any third party may make of it. Calzaturicio dei Colli cannot be held responsbile for any damages caused as a result of accessing such website, the links or downloading information from them.
16. Law an jurisdiction
The Terms & Conditions here stated are relative to our website www.deicolli.it and are regulated by the Italian Law.
Any controversy resulting or relative to the above Terms and Conditions is regulated by the Mantova Arbitration Agency (Foro di Mantova). By using our website the Customer accepts that these Terms and Conditions are regulated by the Italian Law, and specifically by the above mentioned Arbitration agency.
Should Calzaturicio dei Colli feel it is right to do so they reserve the right to seek legal help in any foreign country and in any other city other than Mantova in order to protect its rights.