1. General provisions
These terms and conditions of sale (hereinafter "Terms and Conditions") apply to all sales of "DIS" products (hereinafter "Products" or "Product") concluded remotely through the website www.designitalianshoes.com (hereinafter the "Website").
The use of the remote sales service described in these Terms and Conditions is reserved exclusively for consumers (hereinafter "Customers" or "Customer"), understood as natural persons acting for purposes outside of their commercial, craft, business or professional activities, over the age of 18 (or if minors, with the authorisation of their legal guardians).
The languages available for conclusion of the contract through the Website are Italian and English.
The Customer is called on to carefully read the Terms and Conditions that have been made available on the Website, in order to enable the Customer's knowledge, conservation and reproduction thereof pursuant to Article 12, paragraph 3, of Legislative Decree no. 70 of 9 April 2003, ("Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, in particular, electronic commerce" - hereinafter "Ecommerce Decree"). The Customer, on completion of the purchase, expressly accepts all conditions included in this contract.
Contracts concluded with DIS (as defined below) through the Website are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, (hereinafter the "Consumer Code"), the Ecommerce Decree, European industry regulations and relevant international treaties, to which Italy is party.
2. Identity of the seller
The seller is Future Fashion s.r.l., with registered offices in Via Nazario Sauro 62, Recanati, Italy, VAT number 01931350431 (hereinafter "DIS").
3. Information on the products and their availability
Information relating to the Products, with their product codes, are available on the Website. This information is provided in accordance with Articles 52 and 53 of the Consumer Code.
The images of the products offered on the Website may differ from their appearance in reality. The Customer can get any further information from the nearest authorised DIS store. Not all products described on the Website are or will be available at all DIS stores.
The prices of products on the Website are expressed in Euros and are inclusive of all applicable taxes and charges. Product prices are subject to additional delivery charges, shown separately on the order form.
DIS constantly checks to ensure that all pricing information on the Website is accurate; this however cannot guarantee the absence of errors. In the event of an error in the price of a product, DIS will give the Customer the option to reconfirm the order at the correct Product price or cancel it.
The information shown on the Website does not constitute an offer by DIS.
5. Purchase methods
The essential features and prices of the products are given in the offer for each product on the Website. All shoe prices are given in Euros. Prices may vary depending on the model and the type of leather chosen.
If the Customer needs to correct any error in the data entered, the changes must be made following the proper procedure indicated in the Website before submitting the purchase order. In particular, the Customer has the right to change the desired number of Products for purchase, adding or deleting one or more Products from the shopping cart.
By sending the purchase order to DIS, the Customer acknowledges and declares that he/she has read all the information provided in the purchase procedure and fully accepts the Terms and Conditions.
6. Payment methods
The Customer may pay for the Products and the delivery charge by credit card, PayPal or bank transfer.
DIS accepts payments with the following credit cards:
The transaction will be charged to the credit card of the customer only when:
(i) the credit card data has been verified;
(ii) the debit authorisation has been received from the issuer of the credit card used by the Customer and
(iii) product availability is confirmed by DIS and therefore after the order is ready to be processed.
No debit will be made at the time of sending of the purchase order, notwithstanding the charge that may be required to ascertain the validity of the credit card.
DIS also accepts bank transfer payments, with no expenses or costs charged to the beneficiary, to the following IBAN code: IT 73 D 05387 02600 000002518460. Any bank charges made to the Customer by his/her own bank, shall be borne by the Customer.
If the payment of the amounts owed by the Customer is unsuccessful, for whatever reason, the purchase process and the purchase order will be automatically cancelled.
7. Conclusion of the contract
The contract between the DIS and the Customer shall be considered concluded when the customer receives confirmation from DIS that the purchase order - sent in accordance with the purchase procedure indicated on the Website - has been successful, subject to verification of Product availability and the charging of the customer's credit card or, in the case of payment by bank transfer, when the Customer receives confirmation of receipt of payment. The purchase order submitted by the customer shall be binding for DIS only if the entire purchase procedure has been completed regularly and correctly, with no errors reported by the Website.
DIS reserves the right to only partially process the order in event of unavailability of one or more of the products ordered by the customer. In this case only the amount for the processed part of the order will be charged.
DIS is not liable for malfunctions attributable to the data transmission provider.
In accordance with the provisions of Article 53 of the Consumer Code, upon confirmation of the order or execution of the contract, DIS will send the Customer, via e-mail: a summary of the Terms and Conditions; the information relating to essential details of the products purchased; the details of the price and payment method; information on delivery charges; information on the conditions and procedures for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of customised Products; the geographical address of DIS for submission of complaints; and information on support services and existing commercial guarantees. The Customer shall immediately check the content of the notification and promptly report any errors or omissions to DIS.
The order form will be stored in the Future Fashion s.rl. database for the time necessary for the execution of the same and, in any case, within the terms of the law. If registered, the user can access the order form and / or the data related to the same through his personal account.
8. Invalidity of the purchase order
As an exception to the provisions of paragraph 7 above, no purchase order must be considered accepted by DIS and no contract between DIS and the Customer must be considered concluded if DIS has reasonable grounds to believe that the Customer:
(i) intends to purchase the Products for purposes related to their own or other people's business or professional activities, in accordance with the provisions of paragraph 1.2 of these Terms and Conditions; or
(ii) does not operate on the basis of a real and genuine interest in the purchase of the Products ordered, or
(iii) improperly exercises the right of withdrawal acknowledged in paragraph 11 below.
In such cases, the purchase order submitted by the Customer shall be without any force and effect whatsoever. DIS will send to the Customer, via e-mail, a notice stating the non-acceptance of the purchase order by the DIS and the non-conclusion of contract, and will undertake also to cancel all charges and/or expenses borne by the Customer.
9. Shipping and delivery
For security reasons the Products purchased on the Website will be sent to the address to which the credit card is registered, unless specified otherwise by the Customer, and the signature of the customer or an authorised adult older than 18 will be required at the time of delivery. Deliveries will not be made to PO boxes.
In the case of payment by bank transfer, shipments will be made upon receipt of confirmation of the transfer by the DIS.
For each order completed on the Website, DIS shall issue an invoice for the Products shipped, to be sent via e-mail to the Customer pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice will refer to the data provided by the Customer at the time of the order. No alteration can be made to invoice after its issuance.
Delivery costs are borne by the Customer and are clearly indicated on the order form.
All purchases will be shipped via DHL Courier (“Courier”) after 10 business days from the order confirmation date. Please note that we only ship from Monday to Friday, excluding Saturdays, Sundays and Italian local and national holidays. If we are unable to ship your goods within this timeframe we will inform you whenever possible. Delivery times may be up to a maximum of 5 additional working days. DIS is not responsible for shipping delays. Orders with personal inscriptions will take an extra week to be executed.
In any case, except in cases of force majeure or unforeseeable circumstances, pursuant to Article 54 of the Consumer Code, Products will be delivered within a maximum period of thirty (30) days from the day following the conclusion of the contract in accordance with paragraph 7.1 above, provided that DIS does not give notification - within the same period or by the last date agreed for delivery, including by e-mail - of inability to deliver the Products ordered due to sudden and temporary unavailability of the Products. In the event of such notification, DIS will refund any amounts already paid by the Customer.
If, in the event of notification by DIS of a delay in the delivery date, the Client wishes to cancel the order, any amount paid by the Customer shall be refunded at the earliest opportunity and in any case no later than 30 (thirty) days from the date of receipt by the DIS of notification of order cancellation, with the exception of customised products, in accordance with the provisions in paragraph 12.
Delivery of the Products requires the presence of the customer or his/her appointed representative at the address indicated in the order. At the time of delivery of the Products by the Courier, the Customer shall check:
(i) that the number of parcels is same as that reported in the delivery note (DDT);
(ii) that the packaging is intact and not damaged, wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product or an incongruent number of parcels or wrong information must be immediately notified in writing on the Courier's proof of delivery. Once the Customer has signed the Courier's delivery note without objection, the Customer may not thereafter file any claims regarding the external condition of the delivered package.
The risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter, or a third party designated by him and different from the carrier, enters into physical possession of the goods.
10. Confirmation shipping and delivery
DIS will send to the customer a confirmation e-mail once the Products have been shipped, as well as subsequent notification confirming delivery.
11. Right of withdrawal
DIS wishes to guarantee complete customer satisfaction. In accordance with the provisions of Article 59 of the Consumer Code, the right of withdrawal for online purchases is excluded in the case of personalized orders, for example through the choice of leather on the product, or of name and initial engravings.
DIS guarantees the right of withdrawal for all other items, not customized, sold on the website www.designitalianshoes.com. According to the art. 52 cod. cons., the right of withdrawal can be exercised within 14 days of receipt of the goods.
To exercise the right of withdrawal, the customer must send an e-mail to the address firstname.lastname@example.org containing:
(i) the intention to exercise the right of withdrawal or return (for this purpose the customer can use the form type downloadable here);
(ii) an indication of the products for which the customer wishes to exercise the right of withdrawal;
(iii) the progressive order number communicated by DIS upon confirmation of the purchase;
(iv) IBAN code in the event that the payment was made by bank transfer.
Within the following 14-day deadline, the customer must return the goods to DIS at the address: DIS ℅ Navitas Coworking - Via Enzo Ferrari 9 - 62012 Civitanova Marche (MC).
DIS will reimburse the customer for the entire amount paid, including shipping costs, within the 14 days following the return of the goods to its warehouses.
The product must be returned, if possible, in an intact preservation state, with the original labels and with careful packaging in order to safeguard the original packaging. In the event that this does not occur, DIS reserves the right to have the property appraised and to deduct from the repayment the decrease in value of the asset, pursuant to art. 57 Consumer Code.
It is recommended to ship the Products to be replaced using a courier, ensuring the entire amount of the goods, and taking care to receive a shipment number to allow tracking of the shipment. DIS will not be responsible for reimbursement or compensation for Products shipped by the Customer but which have never been received by DIS due to loss, theft or damage that are not attributable to DIS.
If the Customer wishes to modify or cancel the order already sent, he must send promptly, and in any case before receipt of the order confirmation e-mail, an email to the address email@example.com. The cancellation of the order by the customer is not permitted once DIS has notified the Customer of the order acceptance confirmation.
If a Product sold by DIS shows a manufacturing defect due to an alleged non-conformity relating to Products sold by DIS, the customer must send an e-mail to firstname.lastname@example.org.
The sale of Products is covered by legal safeguards provided for in Articles 129, 130 and 132 of the Consumer Code. The customer has the right to the restoration, without charge, of the good's pristine condition either by repair or replacement, or, if such options fail, to an appropriate reduction in price or the cancellation of the contract. The Customer loses such rights if they do not report the non-conformity to DIS within 365 days of the date of order confirmation.
14. Errors or inaccuracies
DIS undertakes to provide constantly updated information in the sections of the Website relating to the description and/or sale of the Products. However the complete absence of errors cannot be guaranteed. The pages of the Website in question may contain typing errors, inaccuracies or omissions - for example relating to the price or availability of the product, or regarding the details of the Products themselves. DIS reserves the right to correct any errors, inaccuracies or omissions even after a purchase order has been sent and also reserves the right to change or update information at any time without prior notice.
15. Guarantee of authenticity and intellectual property rights
DIS guarantees the authenticity of all the Products purchased on the Website. "DIS" branded Products are made with the finest materials, assembled by craftsmen, and are all rigorously and wholly MADE IN ITALY.
The "DIS" brand, as well as the set of figurative and non-figurative trademarks and service marks on the Products, related accessories and/or packaging, shape trademarks, whether registered or not, as well as all illustrations, images and logos protected by copyright, and more generally, all the intellectual property rights relating to the Products are and remain the exclusive property of the company Future Fashion s.r.l..
16. Applicable law and competent court
These Terms and Conditions are governed by Italian law and shall be interpreted in accordance with Italian, Community and international laws.
Disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the exclusive jurisdiction of the court of Macerata.
17. Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Owner is available for any questions via the email address posted under the Owner's information in this document.
For assistance on how to purchase online or for more information on DIS products, the Customer can contact DIS Customer Support from Monday to Friday (8.30 - 13.00 - 14.00 - 17.30), via email: email@example.com (we usually reply within 24 hours) or by phone at +39.327.9438745.