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Terms and conditions of service

GENERAL TERMS AND CONDITIONS OF SALE, EFFECTIVE FROM 04/22/2020

Introduction

This information is provided for the website "www.ferrettimyshoes.com" (Website) owned by "Ferretti 1922 di Francesca Federica Ferretti", with registered office in Viale Monte Nero 35, Milan (MI) 20135, registered with the Milan Chamber of Commerce with VAT no. 04746660960  (Company).

Art. 1 Scope of application

1.1  Any sale on the Website constitutes a distance contract governed by Chapter I ,, Title III (Art. 45 et seq.) of Legislative Decree No. 206 of September 6, 2005. 206 (Consumer Code) and Legislative Decree No. 70 of April 9, 2003 70 of April 9, 2003, containing regulations on electronic commerce.

1.2  The General Terms and Conditions of Sale apply to all sales made by the Company on the Website. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays, and national holidays.

1.3  The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment they are published on the Website. You are invited to regularly visit the Website and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.4  The applicable general terms and conditions of sale are those in force on the date the purchase order is sent.

1.5  These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Company that may be present on the Website via links, banners, or other hypertext links. Before conducting commercial transactions with such parties, it is necessary to check their terms and conditions of sale. The Company is not responsible for the provision of services and/or the sale of products by such parties. The Company does not control and/or monitor the websites accessible through these links. The Company is not responsible for the content of such websites or for any errors and/or omissions and/or violations of the law by them.

1.6  You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Company provides on the Website, including during the purchase process.

Art. 2 Purchases on the Website

2.1  Purchasing on the Website:

  • can also take place without registering on the Website;
  • is permitted both to users who are consumers and to users who are not consumers.

2.2  Pursuant to Art. 3, paragraph I, letter a) of the Consumer Code, it should be noted that consumers are natural persons who, in relation to the purchase of Products, act for purposes unrelated to any entrepreneurial, commercial, professional, or craft activity they may carry out.

 2.3  Under no circumstances may retailers, wholesalers, or, in general, anyone intending to make purchases for subsequent resale make purchases on the Website. Such parties are therefore prohibited from making purchases on the Website.

2.4  In the case of orders, from anyone, that appear abnormal in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to stop the irregularities.

2.5  The Company reserves the right to refuse or cancel orders that originate from:

  • by a user who has previously violated the General Terms and Conditions of Sale.

Article3 Registration on the Website

3.1  To register on the Website, you must fill out the appropriate form, entering the following data:

  • e-mail
  • password

3.2  You undertake to inform the Company immediately if you suspect or become aware of any misuse or unauthorized disclosure of your login credentials for the Website.

3.3  Users registered on the Website guarantee that the personal information they provide is complete and truthful and undertake to hold the Company harmless and indemnify it against any damage, compensation obligation, and/or penalty arising from and/or in any way connected with the user's violation of the rules on registration on the Website or on the storage of registration credentials and/or the provision of false, incomplete, or otherwise inaccurate personal data, without prejudice to the Company's right to disable the user's account.

Art. 4 Information relating to the conclusion of the contract

4.1  In accordance with Legislative Decree No. 70 of April 9, 2003, 70 containing provisions on electronic commerce, the Company informs you that:

  • To conclude a purchase contract on the Website, you must fill out an electronic order form and send it to the Company electronically, following the instructions that will appear on the Website from time to time.
  • the contract is concluded when the order form is received by the Company's server;
  • Once the order form has been received, the Company will send you an order confirmation to the email address provided, containing:
    • information relating to the characteristics of the purchase
    • price indication
    • indication of delivery costs
    • the delivery date.

Art.5 Product availability

5.1  The products offered on the Website are limited in number. It may therefore happen, also due to the possibility of multiple purchases of the same product at the same time, that the product ordered is no longer available when the purchase order is transmitted.

5.2  The Website contains information on the availability of each product.

5.3  The user will be informed if the product ordered is unavailable. In this case, you will be entitled to terminate the purchase contract in accordance with and for the purposes of the provisions of Art. 61, paragraphs IV and V, of the Consumer Code.

5.4  Alternatively, you may accept:

  • if restocking is possible, a postponement of the delivery terms offered by the Company, indicating the new delivery date.

5.5  If a refund is requested for the purchase of products that turned out to be unavailable, the Company will refund the amount paid within a maximum of 7 days.

5.6  If you exercise your right of termination pursuant to Art. 61, paragraphs IV and V of the Consumer Code, the contract is terminated; if payment of the Total Amount Due, including the price of the product, shipping costs, and, if applicable, any other additional costs, as shown in the order (Total Amount Due) has already been made, the Company will refund the total amount due in accordance with the provisions of the article "Payment Methods" below.

Art. 6 Information sheet

6.1  Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Website reproduce the characteristics of the products as faithfully as possible. However, the colors of the products may differ from the actual colors due to the settings of the computer systems or devices you use to view them. Furthermore, the product images in the Information Sheet may differ in size or in relation to any accessory products. These images are to be considered indicative and subject to normal tolerances.

Art. 7 Prices

7.1  All prices of the products listed on the Website are inclusive of Value Added Tax.

7.2  The Company reserves the right to change the price of products at any time without notice, provided that the price charged to you will be the price indicated on the Website at the time of placing the order and that any changes (increases or decreases) after the order has been placed will not be taken into account.

7.3  Shipping costs, if any, are expressly separated and indicated in the order form before the user submits it.

Art. 8 Purchase orders

8.1  The Company will ship the products only after receiving confirmation of authorization for payment or credit of the Total Amount Due. Ownership of the Products will be transferred to you upon shipment, which is understood to be the moment the product is delivered to the carrier. The risk of loss or damage to the products, for reasons not attributable to the Company, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the products.

8.2  The purchase contract is subject to termination in the event of non-payment of the total amount due.Total Amount Due. Unless otherwise agreed in writing with you, the agreement will consequently be canceled.

8.3  In order to submit a purchase order, you must read and accept these General Terms and Conditions of Sale by selecting the appropriate box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Website.

Art. 9 Payment methods

9.1  The following payment methods are accepted on the website:

  • Payment cards
  • PayPal

9.2  The Company accepts credit cards from the following circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • Amex
  • G Pay
  • Apple Pay
  • Shop Pay

In any case, they are indicated in the footer of each page of the Website.

The charge will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuing company of your chosen payment card has authorized the charge.

Confidential payment card details (card number, name, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Company. The Company therefore never has access to and does not store your payment card details used to pay for products, even if you choose to store such details on the Website.

The charge will be made when the order is placed.

9.3  On the website, you can also make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the website www.paypal.it, where the payment will be processed according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data provided on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Company. The Company is therefore unable to know and does not store in any way the payment card details linked to your PayPal account or the details of any other payment instrument connected to that account.

In the case of payment via PayPal, the total amount must be paid by PayPal at the time of conclusion of the contract via the Website. In the event of termination of the purchase contract and in any other case of refund, for any reason whatsoever, the refund payment will be credited to your PayPal account. The time it takes for the refund to be credited to the payment instrument linked to the account depends on PayPal and the banking system. The Company cannot be held responsible for any delays or omissions in crediting the refund amount. To dispute such delays or omissions, you must contact PayPal directly.

Art. 10 Delivery of products

10.1  There are no restrictions on delivery within the country, except in cases indicated on the Website and/or in the Product Description.

10.2  Shipping costs are indicated on the Website and/or in the Product Description.

10.3  From the date the order is placed, products will be delivered within 2 business days, except for shipments to remote areas and within the European Union, where 5-10 days may be required. If no specific delivery date is indicated, delivery will take place within thirty days from the date of conclusion of the contract.

10.4 It is your responsibility to check the condition of the delivered product. Without prejudice to the fact that the risk of loss or damage to the product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the product, the Company recommends that you check the number of products received and that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials, and invites you, in your own interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. If the packaging shows obvious signs of tampering or alteration, it is advisable to notify the Company immediately. In any case, the application of the rules on the right of withdrawal (if applicable to the product) and the legal guarantee of conformity remains unaffected.

Art. 11 Right of withdrawal

11.1  In the event of a purchase on the Website, unless otherwise indicated, you do not have the right of withdrawal provided for in Article 52 of the Consumer Code with reference to the product or products indicated in this article. In fact, on the Website:

  • Custom-made or clearly personalized goods sold.

11.2 If you are a consumer, you have the right to withdraw from the purchase contract without giving any reason and without incurring any costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of an order relating to a single product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

b. in the case of a multiple order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; 

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.3  To exercise your right of withdrawal, you must inform the Company of your decision to withdraw before the expiry of the Withdrawal Period.

    11.4  You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following manner:

    Email: info@ferretti1922myshoes.com

    Please note that since the burden of proof regarding the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when communicating your withdrawal to the Company.

    11.5  If you exercise your right of withdrawal, you must deliver the Product to the registered office indicated in the heading of these General Terms and Conditions of Sale.

    11.6  You are responsible for the direct costs of returning the Products and for transporting them.

    11.7  If you withdraw from the contract, the Company will refund the Total Amount Due without undue delay and in any case no later than 14 calendar days from the day on which the Company was informed of your decision to withdraw from the contract. The refund will be made using the same payment method used for the initial payment. If you have returned the products using a carrier of your choice and at your own expense, the Company may suspend the refund until it has received the Products or until you have provided proof that you have returned the products, whichever is earlier.

    11.8 You are solely responsible for any decrease in the value of the goods resulting from handling the product in a manner other than that necessary to establish the nature, characteristics, and functioning of the product. The product must in any case be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction sheets, with identification tags, labels and disposable seal, if any, still attached to the product and intact, not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the product.

    11.9  If the product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary for the nature, characteristics, and functioning of the product, the Company reserves the right to deduct an amount equal to this decrease in value from the refund amount. The Company will notify you of this circumstance and the resulting reduction in the refund amount within 7 days of receiving the product, providing, if the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the product.

    11.10Ifthe withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Company will notify you within 7 working days of receiving the product, rejecting the request for withdrawal. The product will remain at the Company's premises at your disposal for collection, which must be at your expense and under your responsibility.

    11.11Inthe event that, in accordance with the law, the right of withdrawal does not apply, specific and express notification of this exclusion will be provided on the Website.

    Art. 12 Legal Warranty

    All products sold on the Website are covered by the Legal Guarantee of Conformity provided for in Articles 128 - 135 of the Consumer Code (Legal Guarantee).

    Who it applies to

    The Legal Guarantee is reserved for consumers. It applies only to users who have made a purchase on the website for purposes unrelated to any business, commercial, craft, or professional activity they may carry out.

    When applying

    The Company is liable to the consumer for any lack of conformity of the product that becomes apparent within two years of delivery. The lack of conformity must be reported to the seller within two months of the date on which it was discovered, otherwise the warranty will be void.

    Unless proven otherwise, it is assumed that any lack of conformity that becomes apparent within six months of delivery of the product already existed at that date, unless this assumption is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month after delivery of the product, it will be up to the consumer to prove that the lack of conformity already existed at the time of delivery.

    In order to benefit from the Legal Guarantee, the consumer must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer to keep the purchase invoice or any other document that can certify the date of purchase (e.g., credit card statement) and the date of delivery for the purposes of such proof.

    In the event of termination of the contract, the Company will refund the consumer the total amount paid, consisting of the purchase price of the product, shipping costs, and any other additional costs. In the event of a price reduction, the Company will refund the amount of the reduction, as previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

    The Company shall not be liable for any damage of any kind resulting from improper use of the product and/or use that does not comply with the manufacturer's instructions, nor for damage resulting from unforeseeable circumstances or force majeure.

    Art. 13 Applicable law and jurisdiction; Out-of-court dispute resolution - Alternative dispute resolution / Online dispute resolution

    13.1  Purchase contracts concluded through the Website are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

    13.2  Please note that in the case of consumer users, any dispute relating to the application, execution, and interpretation of this document shall be settled by the court of the place where the user resides or has elected domicile.

    13.3  Pursuant to Art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, that, in the event that they have submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute that has arisen, the Company will provide information on the body or alternative dispute resolution procedures for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether or not it intends to use such agents to resolve the dispute.

    13.4  The Company also informs users who qualify as consumers pursuant to Art. 3, paragraph 1, letter A, of the Consumer Code, that a European platform for online consumer dispute resolution (known as the ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform, the user must consult the list of ADR agents, find the link to each of their websites, and describe an online dispute resolution procedure in which they are involved. 

    13.5  In any case, the consumer user's right to bring proceedings before the ordinary court with jurisdiction over disputes arising from these General Terms and Conditions of Sale remains unaffected, whether or not this is the outcome of the out-of-court dispute resolution procedure relating to consumer relations referred to in Part V, Title II-bis of the Consumer Code.

    13.6  Users residing in a European Union member state other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of July 11, 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, rights, and expenses. The text of the regulation is available on the website www.eur-lex.europa.eu . 

    Art. 14 Customer service and complaints

    You may request information, send communications, request assistance, or submit complaints by contacting the Company in the following ways:

    • Email: info@ferretti1922myshoes.com.

    The Company will respond to complaints within 2 days of receiving them.