Terms & Conditions
BEFORE PLACING AN ORDER ON THIS SITE, WE INVITE YOU TO READ THE FOLLOWING GENERAL CONDITIONS OF SALE
These general conditions of sale (“Conditions of sale”) govern the purchase of the products we promote and sell on this site (“Products”) and the sending of such Products to the countries to which we carry out the delivery service. “Site” means the website http://www.clewooshoes.it. When you make a purchase on this Site, you will be asked to accept these Terms of Sale; their acceptance involves the drafting of a contract governed by them. Therefore it is important that you read the Conditions of Sale carefully before placing an order for the Products on the Site (“Order”).
If you need further information, you can contact us at the following e-mail address email@example.com
At any time the conditions of sale can be changed. Any changes and /or new conditions will be effective starting from their publication on the Site (in the section Terms & Conditions).
The applicable sales conditions are those in force on the date of sending the purchase order.
The products for sale on the Site are sold and invoiced by Falca S.rl. having its registered office in Mantova (MN), Italy Via Cavour n.13 company registered with the C.C.I.A.A. of Mantua, F.C.. and V.N. IT 02051640205 (“Falca”).
1.1 With this contract, respectively, FALCA sells and the Customer buys remotely through telematic tools the products indicated and offered for sale on the website www.clewooshoes.it
2.1 The contract between Falca and the Customer is concluded with the confirmation of the order by Falca according to the methods and terms indicated in the following Article … The completion of the agreements entails the acknowledgment and full acceptance of these general conditions of sale by the Customer.
2.2 If the Customer is a consumer, once the online purchase procedure has been completed, he will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of Article 3 and 4 of Legislative Decree 185 / 99 on distance selling.
3.1 The purchase of the Products on the site is allowed only to those who have reached the majority.
3.2 The purchase of the Products can take place with or without registration on the Site. Registration on the site is free. To register on the site, the customer must fill in the appropriate form on web site. Registering on the Site allows customers to carry out the following activities: consult the status of their order online and check the “history” of orders placed (in particular by clicking on the number of each order placed, it is possible to check the complete detail of the order, including the product detail, the shipping address and the billing address; follow the tracking of the shipment directly from the order history, further customers can manage their own delivery addresses by speeding up the entering of new orders; access the after-sales service more quickly, by entering “online reports” directly from their order history; receive product offers. They can also manage information relating to their own personal profile (in particular, they can change their password access to the reserved area); modify the data relating to the shipping or billing address and / or adding new shipping addresses; change the status of their subscription to the Newsletter.
3.3 The customer guarantees that the personal information provided during the registration process on the Site is complete and truthful.
3.4 The Customer can only purchase the products present in the online catalog at the time of placing the order and viewable at www.clewooshoes.it as described in the relevant information sheets.
3.5 To make the purchase of one or more Products on the Site, the customer must fill in an order form in electronic format and send it to Falca, electronically, following the instructions that will appear on the Site from time to time; before proceeding with the transmission of the order form, the customer will be able to identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the various stages of the purchase. He must also accept the Conditions of Sale.
3.6 The order will be validly processed upon receipt in the e-mail box, communicated by the Customer, of the confirmation of the payment of the order.
3.7 Correct receipt of the order is confirmed by Falca by means of an e-mail of “Order Confirmation” sent to the e-mail address supplied by the Customer. This confirmation message will contain an order number, all the data entered by the Customer, any information relating to the essential characteristics of the item, the indication of the price, payment methods, withdrawal, delivery methods and costs and applicable taxes. The Customer must verify its correctness and promptly communicate any corrections, according to the methods described in this document.
3.8 In the event that the requested product is not available, the Customer will be promptly informed and the order will be canceled.
3.9 The languages available to the Customer for the conclusion of the contract are: Italian, English.
4.1 The Products will be sold at the list prices in effect at the time of the Customer’s order. The prices for shipments within the European countries are inclusive of VAT and net of delivery costs which are calculated at the time of the order. The prices for shipments outside the European counties are exclusive of VAT and net of delivery costs which are calculated at the time of the order.
5.1 Payment can be made:
- with PayPal
- by credit card of the Visa, Mastercard and Maestro circuit
5.2 Falca makes use of the payment system of the institution that manages the payment through which it will only authorize the debit of the amount relating to the purchase made. With regard to the use of these payment methods, there is no charge to be paid by the purchaser in accordance with current national legislation.
6.1 The purchased Products will be delivered to the address indicated by the Customer in the Order, by Falca and its
logistics service providers: DHL or FEDEX
6.2 Shipping times may vary from the day of the order to a maximum of 5/6 working days from confirmation of the order. In the event that Falca is unable to ship within this period but, in any case, within 30 days from the day of the order, the Customer will be promptly notified by e-mail.
6.3 However, Falca will not be responsible for any delays.
6.4 Free delivery is provided for shipments in Italy and the EU, while for other countries the shipping cost is 20 euros in addition to customs duties and taxes.
7.1 Where applicable, the duties and customs duties are charged to the customer, who will not be refunded in the event of termination, for any reason, of the purchase contract.
8.1 Falca ensures, through the electronic system used, the processing and fulfillment of orders without delay. For this aim, it indicates in real time, in its electronic catalog, the number of available and unavailable Products, as well as shipping times.
8.2 Should an order exceed the quantity existing in the warehouse, Falca will notify the Customer by e-mail if the Product is no longer bookable or what are the waiting times to obtain the chosen Product, asking if he intends to confirm the order or not.
9.1 Pursuant to art. 5 DL 185/1999, if the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a reference to the VAT number in the order form to Falca), has the right to withdraw from the purchase contract for any reason, without incurring penalties and without specifying the reason, except as indicated below.
9.2 To exercise the right of withdrawal, the Customer must inform Falca within 14 (fourteen) days, starting from the day of receipt of the Products. The period is extended to the next business day if it ends on a weekend or public holiday.
To this end, the Customer can:
- use the withdrawal form provided by Falca (available inside the box and also available in the RETURN section) and send it to Falca duly completed to the email address firstname.lastname@example.org. A prompt reply will be provided to the email sent.
- submit any other explicit declaration of your decision to withdraw from the contract. The declaration of withdrawal must be sent to the following addresses: by registered mail to the address Via Degli Imprenditori n.71 37067 Valeggio Sul Mincio (VR) Italy. The customer is invited to indicate in the declaration of withdrawal the order number, the Product (s) for which he intends to exercise the right of withdrawal and his address.
9.3 The Product, properly packaged and protected, must be sent to Falca without undue delay and in any case within 14 calendar days from the date on which the Customer notified Falca of his decision to withdraw.
9.4 The Customer must return the Product to FALCA using a carrier of his choice. The direct costs of returning the Product are charged to the customer.
9.5 Before withdrawing from the contract, the customer can only examine the Products as if he were in a shop, to be able to make sure that they are the ones he ordered and desired.
The right of withdrawal will be applicable under the following conditions:
- the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation, etc …);
- the soles must be in perfect condition and show no signs of any kind;
- in all cases, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided.
9.6 Upon receipt of the return, Falca assesses its compliance with the requirements described.
9.7 Falca will charge € 5.00 in case of lack or damage to the box and / or the packaging inside the box. Subject to any repair costs for damage to the original packaging, Falca will refund the Customer the full amount already paid within a maximum of 14 days from the return of the goods. The re-credit will take place with a different method depending on the payment system used at the time of the order.
9.8 Purchases made in currencies other than the euro will be refunded taking into account the exchange rate in effect on the day the credit is made.
9.9 Falca will reimburse any original delivery costs, but not any costs of customs duties and charges
10.1 All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Legislative Decree n. 206/2005 (“Consumer Code”) (“Legal Guarantee”).
10.2 The Legal Guarantee is reserved for consumers. Therefore, it applies only to Customers who have purchased on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
10.3 The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
10.4 Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Products already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity.
A product has a lack of conformity when:
- is not suitable for the use for which Products of the same type are usually used;
- does not conform to the seller’s description and does not possess the qualities of the goods the seller has presented to the consumer as a sample or model;
- does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect taking into account the nature of the product and, where appropriate, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or by its agent or representative, in particular in advertising or on labeling;
- it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
10.5 Any damage or malfunction caused by accidental events or by the Customer’s responsibility or by a use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee. The warranty for lack of conformity operates only for Products used correctly, in accordance with their purpose and any instructions supplied with the product.
10.6 In the event of a lack of conformity, duly reported within the terms, consumers have the right to have the defective goods repaired or replaced by the seller, without charge, unless the remedy requested is impossible or excessively expensive compared to the other. If replacement or repair is not possible, the consumer is still entitled to a price reduction or to have a sum back, commensurate with the value of the goods, against the return of the defective product to the seller. The consumer can assert his rights regarding the legal guarantee of conformity by contacting the goods seller directly, even if different from the manufacturer.
10.7 In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the Customer must send Falca Srl a specific communication by registered letter with return receipt to the following address FALCA S.R.L. Via Degli Imprenditori n.71 37067 Valeggio Sul Mincio (VR) Italy.
10.8 Falca reserves the right to ask the Customer to attach the purchase invoice and / or DDT or other document proving the date of the purchase to the request. Falca will promptly reply to the Customer’s communication, indicating which next steps he has to take.
10.9 If the lack of conformity is not found, Falca will communicate the Customer the estimate for possible repairs; the Customer can decide whether or not to carry out the repair at his own expense. In this case, possible transport costs are also charged to the Customer.
Pursuant to art. 12 of Legislative Decree 70/2003, Falca informs the Customer that every order sent is stored in digital / paper form on the server / at the headquarters of the Supplier according to criteria of confidentiality and security.
It is possible to request information, send communications, request assistance or submit complaints by contacting Falca Srl by email email@example.com
Falca Srl will respond to complaints by e-mail or post within a maximum of 5 working days.
The sales contract referred to in these Conditions and its execution is governed by Italian law, with the non-application of the conflict rules and the United Nations Convention for the International Sale of Goods, except if the Customer is a consumer.
For the solution of civil and penal disputes deriving from the conclusion of this Contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference forum of his Municipality of residence; in all other cases the territorial jurisdiction is exclusively that of the Court of Verona
Finally, if the Customer is a consumer, he is informed that the European Commission provides a platform for the alternative extra-judicial resolution of disputes, including cross-border, accessible on the site http://ec.europa.eu/odr.
These Conditions of Sale may be modified from time to time, also as a result of any name changes. The new Conditions of Sale will be effective from the date of publication on the Site.