1. General provisions
1.1. 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").
1.2. 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).
1.3. The languages available for conclusion of the contract through the Website are Italian and English.
1.4. 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.
1.5. 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
3.1. 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.
3.2. 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 authorized DIS store. Not all products described on the Website are or will be available at all DIS stores.
4.1. 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.
4.2. 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.
4.3. The information shown on the Website does not constitute an offer by DIS.
5. Purchase methods
5.1. 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.
5.3. 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.
5.4. 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. Conditions applicable to promotional codes
If used within the period of its validity, the promotional code entitles the Customer to have 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. Payment methods
8.1. The Customer may pay for the Products and the delivery charge by credit card, PayPal or bank transfer.
8.2. DIS accepts payments with the following credit cards:
8.3.The transaction will be charged to the credit card of the customer only when:
- the credit card data has been verified;
- the debit authorisation has been received from the issuer of the credit card used by the Customer and
- product availability is confirmed by DIS and therefore after the order is ready to be processed.
8.4. 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.
8.5. DIS also accepts bank transfer payments, with no expenses or costs charged to the beneficiary, to the following IBAN code: IT10T0503401616000000006652. Any bank charges made to the Customer by his/her own bank, shall be borne by the Customer.
8.6. 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 canceled.
9. Conclusion of the contract
9.1. 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.
9.2. The Customer is bound by his order after clicking on the "Pay now" button at the end of the order process. By clicking on the "Pay now" 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 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.
9.4. DIS is not liable for malfunctions attributable to the data transmission provider.
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, at the time of order confirmation or execution of the contract, DIS will send the Customer, by email, a summary of the General Conditions, the information relating to 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 made, 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 stored in the DIS 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.
10. Invalidity of the purchase order
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 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 to the Customer, via email, a notice stating the non-acceptance of the purchase order and the non-conclusion of contract, and will undertake also to cancel all charges and/or expenses borne by 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. Shipping and delivery
11.1. 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 authorized adult older than 18 will be required at the time of delivery. Deliveries will not be made to PO boxes.
11.2. In the case of payment by bank transfer, shipments will be made upon receipt of confirmation of the transfer by the DIS.
11.3. 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.
11.4. Delivery costs are borne by 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, raw material procurement problems, orders containing two or more customized shoes or other unforeseeable events may in some cases delay in deliveries. 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 engravings, 3 working days will be added for production, up to a maximum of additional 5 working days in the case of leathers that require a second processing carried out by hand (such as for example on deco and polished leathers).
11.6. 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 9.1 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.
11.7. 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 customized products, in accordance with the provisions in paragraph 13.
11.8. 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:
- that the number of parcels is the same as that reported in the delivery note (DDT);
- 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.
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 different from the carrier, enters into physical possession of the goods.
12. Confirmation shipping and delivery
DIS will send to the customer a confirmation email once the Products have been shipped, as well as subsequent notification confirming delivery.
13. Right of withdrawal
13.1 Except for the personalized products, whose exceptions are indicated below, DIS guarantees the right of withdrawal for all other non-personalized items purchased on the website, 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 (fourteen) days from the receipt of the goods. For the methods of withdrawal, see the instructions provided in point 13.3. Within 14 (fourteen) days of the written notice of withdrawal sent to DIS, the Customer must return the Product to the following address: “Future Fashion s.r.l., 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 refund the Customer the full amount paid, excluding shipping costs, within 14 (fourteen) 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 wrapping, in order to safeguard the original packaging. Used or damaged products, even partially, will not be replaced or refunded. After receiving the returned product, the seller will be able to evaluate and possibly analyze the product, 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 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.
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 the real product as faithfully as possible, 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 the active services to confirm the size.
In the event of no response from the Customer, after 14 (fourteen) days from the order receipt, DIS will produce the product 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 email@example.com within 14 (fourteen) days from the date of receipt of the goods, containing:
- the intention to exercise the right of withdrawal or return (for this purpose, the Customer can use the standard form that 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 shoes show no signs of wear;
- the progressive order number communicated by DIS upon confirmation of the purchase;
- IBAN code in the event that 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 shoes, 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 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, whose risk of accuracy 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 send promptly, and in any case before receipt of the order confirmation email, an email to the address firstname.lastname@example.org. The cancellation of the order by the customer is not permitted once DIS has notified the Customer of the order acceptance confirmation.
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 take advantage of the legal remedies must:
- formally report the defect, within the terms indicated, to the address email@example.com
- arrange for the return of the goods to DIS, by writing an email to the address help@ dis.shoes with subject “DENUNCIATION 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 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.
17. Guarantee of authenticity and intellectual property rights
17.1. 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.
17.2. 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..
18. Applicable law and competent court
18.1. These Terms and Conditions are governed by Italian law and shall be interpreted in accordance with Italian, Community and international laws.
18.2. 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.
19. 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: firstname.lastname@example.org (we usually reply within 24 hours) or by phone at +39.327.9438745.