1. General provisions
1.1.These general conditions of sale (hereinafter, "General Conditions") are applicable to all sales of "DIS" products (hereinafter, "Products" or "Product") concluded remotely through the website www.designitalianshoes .com (hereinafter, the "Site").
1.2. The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (hereinafter, "Customers" or "Customer"), understood as natural persons who act for purposes unrelated to their trade, craft, business or professional event carried out, over 18 years of age (or, if minors, authorized by their legal representative).
1.3. The languages available for concluding the contract through the Site are Italian and English.
1.4. The Customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to allow knowledge of them as well as memorization and reproduction by the Customer pursuant to article 12, paragraph 3, of Legislative Decree 9 April 2003, no. 70 (“Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce” - hereinafter, the “Ecommerce Decree”). The Customer, at the time of conclusion of the purchase, expressly accepts all the conditions included in this contract.
1.5. Contracts concluded with DIS (as defined below) through the Site are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (hereinafter, "Consumer Code"), by the Ecommerce Decree and by the European sector regulations and by the international treaties that regulate the matter, to which Italy has adhered.
2. Seller identification
The seller is Future Fashion srl, with registered office in Recanati Via Nazario Sauro, 62, Italy, VAT number 01931350431 (hereinafter, "DIS").
3. Information relating to products and their availability
3.1. Information relating to the Products, with the relative product codes, is available on the Site. The same is provided in compliance with articles 52 and 53 of the Consumer Code.
3.2.The graphic representation of the Products proposed on the Site may be different from reality. For any further information, the Customer can contact the nearest authorized DIS store. Not all Products described on the Site are or will be available in all DIS stores.
4.1.The prices of the Products are expressed on the Site in Euros and are inclusive of all applicable taxes or duties. The delivery costs indicated separately in the order form must be added to the prices of the Products.
4.2.DIS constantly verifies that all the prices indicated on the Site are correct, without this, however, being able to guarantee the absence of errors. In the event that an error relating to the price of a Product is found, DIS will give the Customer the option of reconfirming the order for the Products at the correct price or canceling it.
4.3.The information contained on the Site does not constitute an offer by DIS.
5. Method of purchase
5.1.The essential characteristics and prices of the Products are shown in the offer relating to each Product on the Site. All footwear prices are indicated in euros, prices may vary depending on the model and type of leather chosen.
5.3. If the Customer needs to correct any data entry errors, he must follow the appropriate modification procedure indicated on the Site, before submitting his order proposal. In particular, the Customer has the right to change the quantity of Products he intends to purchase, by adding or removing one or more Products from the "cart".
5.4.By sending the order proposal to DIS, the Customer acknowledges and declares having read all the information provided during the purchase procedure and fully accepting the General Conditions.
6. Conditions applicable to promotional codes
If used within the period of its validity, the promotional code entitles you to a promotion or a discount, for the purchase of a single Product or for the cumulative order of several Products, during the indicated period. Promotional codes can only be used for purchases on this website. The promotional code cannot be combined with any other special offers or current promotions. Promotional codes cannot be used for commercial purposes.
7. Conditions applicable to discount vouchers and gift vouchers
Vouchers are only valid for the indicated period and can only be used once. The voucher is not transferable to third parties. The value of the goods must be at least equivalent to the amount of the voucher. If a voucher is not sufficient to pay for the order, the difference can be paid with ordinary payment methods. Vouchers are not refundable or redeemable for cash under any circumstances. Vouchers can only be redeemed before completing the order process.
8. Methods of payment
8.1. The Customer may pay the price of the Products and the relative delivery costs by credit card, paypal or by bank transfer.
8.2.DIS accepts payments made with the following credit cards:
8.3. The transaction will be charged to the Customer's credit card only after:
- the credit card details have been verified;
- the debit authorization has been received from the company issuing the credit card used by the Customer e
- the availability of the Product has been confirmed by DIS and therefore after the order is ready to be processed.
8.4.No debit will be made when the order proposal is sent, except for any debit necessary to ascertain the validity of the credit card.
8.5.DIS also accepts payments made by bank transfer net, for the beneficiary, of any expenses or costs to be made to the following IBAN code: IT10T0503401616000000006652. Any bank charges, charged to the Customer by his bank, will be charged to the Customer.
8.6. In the event that, for whatever reason, the debiting of the amounts due by the Customer proves impossible, the purchase process will be automatically canceled and the purchase automatically cancelled.
9. Conclusion of the contract
9.1. The contract stipulated between DIS and the Customer must be considered concluded when the Customer receives confirmation from DIS that his order proposal - sent in compliance with the purchase procedure indicated on the Website - has been successful, following the verification of the availability of the Product and the debit of the price on the Customer's credit card or, in case of payment by bank transfer, he receives confirmation of receipt of the transfer. The order proposal sent by the Customer will be binding for DIS only if the entire purchase procedure has been completed regularly and correctly, without any error being highlighted by the Site.
9.2. The Customer is bound by his order after clicking on the "Buy" button at the end of the order process. By clicking on the "Buy" button, the Customer submits his order as displayed in the final checkout screen. DIS is not responsible in case of inaccuracies and/or configuration errors by the Customer and the Product will be put into production as configured by the Customer.
9.3.DIS reserves the right to partially process the order in the event of unavailability of one or more Products ordered by the Customer. In this case, only the amount corresponding to the partially processed order will be charged.
9.4.DIS is not liable for malfunctions caused by the data transmission network operator.
9.5. In compliance with the provisions of article 51, paragraph 7, of the Consumer Code, and with art. 13 of Legislative Decree n. 70/2003 on electronic commerce, upon confirmation of the order or execution of the contract, DIS will send the Customer, by e-mail, a summary of the General Conditions, the information relating to the essential characteristics of the Products purchased, detailed indication of the price and means of payment, information on delivery costs, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of customized Products, the geographical address of DIS to which complaints can be submitted, information on assistance services and existing commercial guarantees. The Customer must immediately check the content of the communication and immediately report any errors or omissions to DIS.
9.6. The order form will be filed in the DIS database for the time necessary to execute it and, in any case, in accordance with the law. If registered, the user will be able to access the order form and/or the data relating to it through his personal account.
10. Refusal of the order proposal
DIS reserves the right to refuse the execution of the order, when:
- the bank transfer ordered by the Customer has not been credited within 5 (five) working days of the purchase;
- the Customer and/or his account and/or his data and/or payment systems used by him, have been reported by the security systems used by DIS as being at risk of fraud;
- the Customer has provided billing information that is false, incorrect or unverifiable.
In such cases, DIS will send the Customer an e-mail communication certifying the refusal of the forwarded order proposal, canceling any debit and/or expense charged to the Customer; if the Customer wishes to proceed with the purchase in any case, the execution of the order will be subject to the crediting of the entire price by bank transfer.
11 Transport and delivery
11.1.For security reasons, the Products purchased on the Site will be delivered to the address registered on the credit card, unless otherwise indicated by the Customer and at the time of delivery, the signature of the Customer or a delegated adult over 18 will be required. No deliveries will be made to post office boxes.
11.2.In case of payment by bank transfer, the shipping time starts from the moment of receipt of the transfer by DIS.
11.3. For each order placed on the Site, DIS issues an invoice for the Products shipped, available in the customer's reserved area, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.
11.4. Delivery costs are charged to the Customer and are clearly indicated on the order form.
11.5.All purchases will be shipped by DHL courier (hereinafter, "Courier") from Monday to Friday, excluding Saturdays, holidays and local or national holidays, and in any case after 10 working days - to be understood as every day of the week with the exception of Saturdays, Sundays and Italian legal holidays - from the date of evasion of the order proposal. Increased demand, periods of sales and promotions, material procurement problems, orders containing two or more customized shoes or other unforeseeable events may in some cases delay delivery. Courier delivery times can be up to a maximum of 5 working days longer. DIS is not responsible for unforeseeable delays and/or delays attributable to the Courier alone. In the case of products including engraving, 3 working days will be added for production, up to a maximum of an additional 5 working days in the case of leathers that require a second processing carried out by hand (such as for example on bleached and abrasive leathers).
11.6.In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with article 54 of the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days starting from the day following the conclusion of the contract in accordance with paragraph 9.1 above, unless DIS communicates - within the same term or by the final date agreed for delivery, also by e-mail - the impossibility of delivering the Products ordered following unavailability, even temporary , of the Products. In the event of such communication, DIS will refund any sums already paid by the Customer for the payment of the supply.
11.7. In the event that, following DIS communication of a delay in the delivery date, the Customer wishes to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 ( thirty) days from the date of receipt by DIS of the notice of cancellation of the order with the exception of customized Products, in accordance with the provisions of paragraph 13 below.
11.8.For the delivery of the Products, the presence of the Customer or his representative is required at the recipient's address indicated in the order. Upon delivery of the Products by the Courier, the Customer is required to check:
- that the number of packages delivered corresponds to what is indicated in the transport document (DDT);
- that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials. Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately notified in writing on the Courier's proof of delivery. Once the Courier's document has been signed without the Customer having made any objection, the Customer will not be able to make any objection regarding the external characteristics of the delivered package.
11.9. 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 other than the carrier, physically takes possession of the goods.
12. Confirm shipment and delivery
DIS will send the Customer a confirmation e-mail once the Products have been shipped, as well as a subsequent communication confirming the delivery.
13. Right of withdrawal
13.1 Except for the exceptions provided for personalized products, indicated below, for other non-personalized Products purchased on this website, the Customer may exercise the right of withdrawal in accordance with the provisions of articles 52 and following of the Consumer Code. In particular, the right of withdrawal can be exercised within 14 days of receipt of the goods. For the methods of withdrawal, see the instructions provided in point 13.3. Within 14 days of the written notice of withdrawal sent to DIS, the Customer must return the Product to the following address: “Future Fashion srl, Viale del Lavoro n. 190 - 62014 Corridonia (MC)”. For the purposes of compliance with the deadline, proof of delivery of the returned Product to the courier will be considered. DIS will reimburse the Customer for the entire amount paid, excluding shipping costs, within 14 days following the return of the goods to its warehouses. The costs of returning the Product are the exclusive responsibility of the Customer, except in the case in which the refund is made for defective goods or goods that do not comply with the order. Refunds will be issued based on the original form of payment. The Product must be returned perfectly intact in all its parts, with the original labels and with careful packaging, in order to safeguard the original packaging. Used or damaged products, even partially, will not be replaced or refunded. The seller, after receiving the returned product, will be able to evaluate and possibly appraise the object, and if he ascertains the existence of damage to the Product, for which its value will be decreased, the Customer will have to answer for it, if and as responsible.
It is recommended to send the Products to be returned using a courier, insuring the full amount of the goods, and taking care to receive a tracking number to allow tracking. In fact, reimbursement and/or compensation for Products shipped by the Customer but which have never been received by DIS due to loss, theft or damage not attributable to DIS is excluded.
13.2 In compliance with the provisions of article 59, lett. c) 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 and the application of engravings. Variations in color and finish of the leathers do not in any case constitute a reason for withdrawal.
The products shown in the 3D configurator and in the photographs have the sole purpose of displaying and representing as faithfully as possible the real product, both in terms of color and finish. However, the nuances may vary depending on the screen or monitor used by the Client. Since leather is a natural product and tanning is an individual process, which varies from leather to leather, we draw the Customer's attention to the fact that the shoe displayed may not correspond perfectly to the one delivered. In general, since DIS products are handmade, small variations in the color or quality of the leathers are to be considered characteristics of the product and its uniqueness, as well as an expression of its craftsmanship. All customized footwear is produced by DIS exclusively for the customer who orders it. Before putting the Product into production, DIS reserves the right to contact the Customer via email or telephone number provided by the same when placing the order, to propose one or both of the active size confirmation services.
In the event of no response from the Customer, 14 days after receiving the order, DIS will produce the order in the size and configuration ordered and the Customer alone will be liable in the event that the size is incorrect once the footwear has been received.
13.3. DIS guarantees the right of withdrawal for personalized items, only in the event that the delivered products present manufacturing defects or mismatch with the order specifications. To exercise the right of withdrawal, the Customer is required to send DIS an email to firstname.lastname@example.org within 14 (fourteen) days from the date of receipt of the goods, containing:
- the clear manifestation of willingness to exercise the right of withdrawal (for this purpose, the customer can use the standard form which can be downloaded here );
- the indication of the products for which the Customer intends to exercise this right;
- indication of the type of defect, attaching photos in which it is clearly visible; as well as photos showing that the soles of the shoe show no signs of wear;
- the progressive order number communicated by DIS at the time of the purchase confirmation;
- your IBAN code, if the payment was made by bank transfer.
In the event that the existence of a manufacturing defect is ascertained, DIS will take charge of the management of the defective goods (shipping costs and product remaking). Alternatively, the Customer can choose to keep the shoe, accepting a partial refund of the price paid by him, up to a maximum of 50%, depending on the severity of the defect. The right of withdrawal lapses if, through the evaluation of the photos, DIS deems that the shoes have been worn or that the defects highlighted are due to their negligent use.
13.4 The withdrawal for wrong size is excluded, when:
- the Customer has used the trial shoe service and has then confirmed the size to be put into production;
- the Customer has used the manual measurement service, which represents only a purchase advice and not an objective calculation of the foot size, the risk of accuracy of which rests with the Customer;
- the Customer has indicated the size, refusing one or both of the measurement methods.
If the Customer wishes to modify or cancel the order already sent, he must promptly send, and in any case before receiving the order confirmation email, an email to email@example.com . The cancellation of the order by the customer is not permitted once DIS has communicated to the Customer the confirmation of acceptance of the order.
15. Legal guarantee of conformity
15.1. The legal guarantees provided for by articles 129, 130 and 132 of the Italian Consumer Code (Legislative Decree 206/2005 and subsequent amendments and additions) apply to the sale of the Products, which the Customer is invited to consult in full. The seller is liable to the consumer for a lack of conformity existing at the time of delivery of the goods. The warranty covering a lack of conformity has a duration of 2 (two) years from the moment of purchase or delivery of the goods. In the presence of a lack of conformity, during the period of the legal guarantee, the consumer is entitled to the repair or replacement of the goods to obtain the restoration of conformity without charge; where this is not possible, as the two primary remedies are not feasible or are excessively burdensome for the seller, the consumer can request a reduction in the price or termination of the contract. Faults or defects caused by accidental events or by the user's responsibility or by use of the product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the product and/or what is indicated in the Product Data Sheet on this website and/or on the product label. In any case, the Customer loses these rights if he does not notify DIS of the lack of conformity within the term of 2 (two) months from the date of discovery. There is no lack of conformity if, at the time of conclusion of the contract, the consumer was aware of the defect and could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer.
15.2. The customer who wants to make use of the legal remedies must:
- formally report the defect, within the terms indicated, to firstname.lastname@example.org
- arrange for the return of the goods to DIS by writing an email to email@example.com with the subject “DENOUNCEMENT OF DEFECTS - ORDER N. (indicate the order number), attaching photos of the defect. Once DIS has ascertained the presence of the defect and authorized the return via email, the good must be placed in its original packaging, inserted in a special packaging for shipping and sent to DIS - Viale del Lavoro - 62014 Corridonia (MC). In this case, DIS will arrange for the replacement of the goods or repair or an appropriate reduction of the price.
15.3. If DIS finds that there is no defect, the goods will not be repaired, refunded or replaced.
16. Errors or inaccuracies
DIS undertakes to provide constantly updated information in the sections of the Site relating to the description and/or sale of the Products. However, it is not possible to guarantee the complete absence of errors. The pages of the Site in question could contain typing errors, inaccuracies or omissions, for example relating to the price, the availability of the Product, and the information sheet of the Product itself. DIS reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to modify or update information at any time without prior notice.
17. Guarantee of authenticity and intellectual property rights
17.1.DIS guarantees the authenticity of all the Products purchased on the Site. The "DIS" branded Products are made with the best materials, are packaged by craftsmen, and are all rigorously and entirely MADE IN ITALY.
17.2.The "DIS" trademark, as well as all the figurative and non-figurative trademarks, service marks, present on the Products, on the relative accessories and/or packaging, shape marks, whether they are subject to registration or not, as well as all illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of the Future Fashion srl companies.
18. Applicable law and jurisdiction
18.1.These General Conditions are governed by Italian law and must be interpreted in accordance with Italian laws, community and international laws if treaties have been ratified by Italy.
18.2. For disputes arising from the interpretation, validity and/or execution of these General Conditions, the mandatory territorial jurisdiction will be that of the Court of Macerata.
19. Online Consumer Dispute Resolution
The consumer residing in Europe must be aware of the fact that the European Commission has set up an online platform for alternative dispute resolution which provides an out-of-court method for resolving any disputes relating to online sales and services. Consequently, European consumers can use this platform for the resolution of all disputes arising from the contract stipulated online with the owner. The platform is available at the following link ( http://ec.europa.eu/consumers/odr/ ).
For assistance on how to purchase online or for further information on DIS products, the Customer can contact DIS Customer Assistance from Monday to Friday (8.30 - 13.00 - 14.00 - 17.30), via email: firstname.lastname@example.org (answer within 48 hours) or by telephone at +39.327.9438745.